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HomeMy WebLinkAbout20543 - RESOLUTIONS - 2/5/2003 RESOLUTION NO. 20543 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.0937-CUP, AN APPLICATION BY THE PALM SPRINGS TENNIS CLUB MEMBERS ASSOCIATION, FOR AN EXPANSION OF THE PALM SPRINGS TENNIS CENTER, TO INCLUDE THE ADDITION OF SEVEN NIGHT LIGHTED TENNIS COURTS AND A 576 SQUARE FOOT LOUNGE BUILDING,LOCATED 1300 BARISTO ROAD EAST,ZONE R-4, SECTION 14. WHEREAS, the City of Palm Springs has received a request for a Conditional Use Permit to an expansion of the Palm Springs Tennis Center, including the addition of seven night lighted tennis courts and a 576 square foot lounge building for use by the members of the Palm Springs Tennis Club Association; and WHEREAS, the Zoning Ordinance requires that tennis courts which vary from the standards established by Section 93.01.01.13, be processed through the Conditional Use Permit process and Section 94.02.00.A.2.v, which authorizes privately operated outdoor recreation centers through the Conditional Use Permit process; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for a Conditional Use Permit No. 5.0937-CUP was circulated and published in accordance with applicable law; and WHEREAS, on January 8, 2003, a public hearing on the application for a conditional use permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project,including but not limited to the staff report, and all written and oral testimony presented; and WHEREAS, on January 8, 2003, the Planning Commission voted to recommend that the City Council approve the proposed project; and WHEREAS, on February 5, 2003, a public hearing on the application for a conditional use permit was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, and all written and oral testimony presented; and THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows ' Pursuant to CEQA, the City Council finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). qco* Resolution 20543 Page 2 Section 2: Pursuant to Zoning Ordinance Section 93.01.01, the City Council finds that: ' a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's Zoning Ordinance. Tennis courts may be allowed under conditional use permit approved by the Planning Commission in accordance with Sections 93.01.01.13 and 94.02.00.A.2.v which authorizes privately operated outdoor recreation centers through the Conditional Use Permit process. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing orfuture uses specifically permitted in the zone in which the proposed use is to be located. The proposed use and improvements are desirable in that it will provide additional recreation opportunities for residents, guests and visitors. The proposed project is consistent with the objectives of the General Plan, and will not be detrimental to the existing or future permitted uses within the R-4 zone in which the proposed use is to be located. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The proposed project site exceeds the minimum lot area requirements for the intended use.As such,the project site is adequate in size,shape, and area to accommodate the proposed use, including yards, setbacks, lot area, required parking, opens space and other features required. As proposed the project would be setback 1'from the right of way of the future Arenas Road. The City is currently processing an application for a project, 48 @ Baristo, that includes a General Plan Amendment which, if approved,would result in the deletion of a portion of Arenas Road, between Hermosa Drive and Sunrise Way,from the General Plan Circulation Map.Atraffic study which supports this General Plan Amendment has been prepared by the applicant and submitted to the City. The portion of Arenas Road proposed forvacation is directly adjacent to this project. If the General Plan Amendment is approved, the Amendment would eliminate the need for future dedication of Arenas Road right of way adjacent to this project. The General Plan designates Hermosa Drive as a Collector Street with a 60' right of way and a 30' half street right of way. The proposed project is set back 17' from the edge of the future Right of Way. The side yard setback requirements for the R-4 zone is 15', therefore the tennis courts would not be located in this setback area. The Engineering Department is not requesting the 30' half street dedication of Hermosa at this time. The Planning Department recommends requiring an irrevocable offer of dedication during the period of the lease agreement. Gam, Resolution 20543 Page 3 d. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. ' The project site is accessed by public streets which are adequate to serve the residential neighborhood within which the site is located. The project is located on leased land.The applicant is a tenant in a complicated land lease.The duration of the conditional use permit parallels the terms of the lease arrangement. The proposed improvements are such that they would not preclude future street improvements in accordance with the General Plan. The General Plan designates Hermosa Drive as a Collector Street with a 60' right of way and a 30' half street right of way. The Engineering Department is not requesting the 30' half street dedication of Hermosa at this time. e. The conditions to be imposed are deemed necessary to protectthe public health,safety and general welfare, of the existing neighborhood in which this project is situated. All proposed conditions of approval are necessary to ensure compliance with Zoning Ordinance requirements and to ensure the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Conditional Use Permit 5.0937-CUP, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 5th day of February, 2003.. AYES: Members Hodges, Mills;, Oden' and Mdyi)T,-JKleindienst NOES: None ABSENT: Member Reller-Spurgin ABSTENTIONS: None Tf� T: CITY OF PALM SPRINGS, CALIFORNIA City Jerk City Manager Reviewed and Approved as to Form: qc3 Resolution 20543 Page 4 EXHIBIT A ' CASE 5.0937-CUP THE PALM SPRINGS TENNIS CLUB MEMBERS ASSOCIATION EXPANSION OF THE PALM SPRINGS TENNIS CENTER 1300 BARISTO ROAD EAST, ZONE R-4, SECTION 14. FEBRUARY 5, 2003 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning,the Chief of Police,the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside,void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0937-CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,thereafter,be responsible to defend,indemnify,or hold harmless the City of Palm Springs. Notwithstanding the foregoing,the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive further indemnification hereunder,except,the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. The appeal period for Conditional Use Permit No.5.0937 is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 3. The height of any tennis court fence shall not exceed ten (10) feet above the court surface. 4. A lighting plan must be submitted for review and approval by the Director of Planning and Zoning. In addition, the following development standards shall be complied with: ' i.The height of the proposed light fixtures shall not exceed eighteen (18)feet.The light fixture height shall be measured from natural grade. ii.The light beam shall not extend off the subject property. Lighting levels, measured at the property line shall not be increased more than one(1)footcandle above the ambient light level. oAnly 7 f7 Resolution 20543 Page 5 iii. Quartz light shall be prohibited. iv. Lighting shall not be greater than one thousand (1000)watts. ' 5. The applicant shall comply with all lease terms, and all future amendments to the lease. 6. A lighting plan, fence and screening plan and final landscape and irrigation plans are required and must be submitted for review and approval prior to issuance of grading permits. 7. The term of the Conditional Use Permit shall be co-terminus with the term of the sublease,which extends until August 6, 2010.The Conditional Use Permit shall expire at that time. 8. Prior to any ground disturbing activity, including cleaning and grubbing, installation of utilities or any construction related excavation, as Archeologist qualifies according tot eh Secretary of the Interior's standards and Guidelines,shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 9. Given that portion of the site are within an alluvial formation, the possibility of buried resources is increased. A Native American monitor shall be present during all ground disturbing activities and that, should buried deposits be encountered ,that the Monitor have the authority to halt destructive construction and that the monitor notify a Qualified Archeologist to investigate, and if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. 10. One copy of the cultural resource documentation generated in connection with the project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building and Engineering Department. BUILDING DEPARTMENT: 11. Prior to any construction on-site, all appropriate permits must be issued for the lounge building. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 12. Any improvements within the street right-of-way require a City of Palm Springs ' Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. Page b SANITARY SEWER 13. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at manhole. GRADING 14. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 15. Submit a Precise Grading Plan prepared by a Registered Professional to the Engineering Department for review and approval.The Grading plan shall be submitted to the Planning Department for approval to submit for plan check, concurrent with submittal to the Engineering Department. A PM10 (dust control) Plan shall be submitted to and approved by the Building Division priorto approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. ' C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. 16. In accordance with City of Palm Springs Municipal Code,Section 8.50.00,the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 17. The area in which this project is situated is indicative of desert soil conditions found in many areas of Palm Springs. The Engineering Department does not require a soils report.This does not mean that subterranean conditions unknown at this time may not affect construction done on this site. 18. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 19. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification_of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1)or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 20. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. &?0*/& Page �7 GENERAL 21. Any utility cuts in the existing off-site pavement made by this development shall receive ' trench replacement pavement to match existing pavement plus one additional inch.See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 22. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Division prior to issuance of the certificate of occupancy. 23. All proposed utility lines or service drops on or adjacent to this project shall be installed underground. 24. Nothing shall be constructed or planted in the corner cut-off area of any street intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 25. All trees within the public right-of-way and within 10 fleet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904, TRAFFIC 26. The developer shall provide a minimum of 48 inches of sidewalk clearance around all ' street furniture,fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles,conduit,pull boxes and all appurtenances located on the EAST BARISTO ROAD AND SOUTH HERMOSA DRIVE frontages of the subject property. 27. Construction signing, lighting and barricading shall tie provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996,or subsequent additions in force at the time of construction. g Res wtion 20543 Page 8 ACINITY MA 1 I/ TAHOUIIZ CANYON WAY ARENAS ROAD ARENAS ROAD SITE 0 0 3 x z b -V- 1 SATURNINO ROAD risto Road a z m RAMON ROAD = CITY OF PALM SPRINGS CASE NO. 6.0e37-CUP DESCRIPTION Ap pi, for on expansion to the P.S.Tennis Center,to Incl.the addition ' APPLICANT .lames Cioffl on behalf of 7 nlght-lighted tennis courts and a 576 sq. ft. lounge building for use by the P.S. Tennis Club of Harold Matzner Members Assoc., located at 1400 E. Baristo Rd. Zone R4,Section 14