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PCRES 1997-076PLANNING COMMISSION RESOLUTION 97-076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA. RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT 97-035, TO ALLOW TOWER MOUNTED GOLF RANGE LIGHTS IN CONJUNCTION WITH AN 12,546 SQUARE FOOT COMMERCIAL DEVELOPMENT ON IT9 ACRES CASE NO.: CONDITIONAL USE PERMIT 97-035 APPLICANT: THOMAS BIENEK WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14T" day of October, 1997, hold the original duly noticed Public Hearing and continued Public Hearings on October 28"' and November 12"', 1997 to consider Conditional Use Permit 97-035, to allow tower mounted golf range lights in conjunction with requesting approval for a 12,546 square foot commercial project on a 17.9 acre site, and, WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83- 63). The Community Development Department has prepared Environmental Assessment 97- 344 for this project which states the project will not have a significant impact on the environment based on conditions, and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of said Conditional Use Permit 97-035: That the proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Mixed Commercial which permits the uses proposed for the property. 2. The proposed commercial building with a lighted golf range is consistent with the City's Zoning Code in that development standards and criteria contained in the 'The Pairings AT La Quinta" Specific Plan as conditioned, supplement, replace, or are consistent with those in the City's Zoning Code. pereso.cup 97-035 Plunnim, Commission Resolution 97-076 3. The requirements of CEQA have been complied with, in that an Initial Study was prepared (EA 97-344), which concluded that no significant impacts from implementation of the Specific Plan will occur, with incorporation of mitigation as identified in the Environmental Assessment. The applicant has agreed to implementing the necessary mitigation prior to site development activities and is in concurrence with project conditions relating to this. 4. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare or incompatible with surrounding properties. The area to the north and east is designated and zoned for commercial use the area to the west and south is residential, and the site is located at the intersection of two arterial roadways, which commonly attracts automotive -based commercial uses. The conditional uses proposed are a consistent representation of the uses which would be proposed for surrounding sites. The adverse aesthetic impact of tower mounted golf range lights are mitigated to an acceptable level and generally in conformance with the Dark Sky Ordinance with a soft lighting design which includes limiting the height, direction and wattage of the lights fixtures, shielding the light fixtures, and limiting the hours of night operation. Noise has been assessed and found to be below the maximum permissible levels. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case, 2. That it does hereby recommend confirming the conclusion of Environmental Assessment 97- 344 indicating that the proposed Conditional Use Permit will not result in any significant environmental impacts as mitigated by the recommended Conditions of Approval, 3. That it does hereby recommend approval of the above -described Conditional Use Permit request for the reasons set forth in this Resolution, and subject to the at Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 12th day of November, 1997, by the following vote, to wit: AYES: Commissioners Abels, Kirk, Tyler, and Woodard NOES: Commissioners Butler and Gardner ABSENT: Commissioners Seaton ABSTAIN: None pereso.cup 97-035 Maiming Conunission Resolution 97-076 MC BUTLER, Chairman City of La Quinta, California ATTEST: HERMAI�J, Community Development Director La Quintt� California pereso.cup 97-035 PLANNING COMMISSION RESOLUTION 97-076 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 97-035 NOVEMBER 12, 1997 1. The golf range lighting shall be designed to in manner which complies with Section 9.60.160 Outdoor Lighting (Dark Sky Ordinance)of the Zoning Code. A "soft lighting" design, as submitted (Exhibits 25, 25A, 25B ,and 26),with the proposed level of lighting which shall consist of the following: 1 ) the light fixtures mounted on the netting towers shall be no higher than 100 feet with no more than two fixtures (at no more than 1000 watts) per tower, 2) tower mounted light fixtures shall have house -side fabric shields measuring not less than 9' by 12' and building mounted fixtures shall be recessed and, 3) eight ground mounted bunker lights each with two fixtures lat no more than 400 watts) shall be mounted no higher than 4 feet and directed generally east and west at 85 and 35 degrees. 4) Five fixtures mounted at 22 feet in the "Commons Building" facia at the roof overhang; and they are recessed approximately three feet from the edge of the overhang. Two fixtures have three 1000 watt metal halide lights and three fixtures have three 1000 watt metal halide lights. 2. Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. CONAPRV.CUP97-035