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HomeMy WebLinkAboutRes No 566PLANNING COMMISSION RESOLUTION NO. 566 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A MODIFIED VARIANCE FOR THE HEIGHT OF PARKING LOT LIGHT STAN- DARDS WITHIN A PROPOSED REGIONAL SHOPPING CENTER, GENERALLY LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 111 AND MONTEREY AVENUE. CASE NO. VAR 07-79 WHEREAS, Pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission of the City of Palm Desert, California, did on October 30, 1979, hold a duly noticed Public Hearing and continued Public Hearings on Dec. 9, 1979, Dec. 19, 1979, Jan. 3, 1980, and Jan. 16, 1980, to consider an application from ERNEST W. HAHN, INC., for a Variance to the Zoning Ordinance to increase the height of Parking Lot Light Standards from ten (10) feet to twenty-five (25) feet within the PC-3, S.P. (Planned Commercial, Regional Center, Scenic Preservation Overlay) and PR-6, S.P. rezoned to R-3 (9), (Multi -family Residential, max. 1 d.u./9000 sq.ft.) zones, generally located at the northwest corner of Highway 111 and Monterey Avenue, more particularly described as: Portion of APN 629-030-004 Portion of APN 629-060-013 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the general project of shopping center development has been evaluated in an Environmental Impact Report for Case No. C/Z 08-79, DP 12-79, CUP 06-79, and supplemental documentation beyond reports presented to the Commission is not deemed necessary. WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Commission did make the following findings to justify the approval of a Variance in modified form: 1. The strict enforcement of the specified height standard for parking lot light poles would result in practical difficulty inconsistent with the objectives of Zoning Ordinance. 2. There are exceptional circumstances and conditions applicable to the property involved in this application and to the intended use of the property that do not apply generally to other properties in the Planned Commercial Regional Center Zone, because it is being developed as a full scale regional shopping center on a site containing 60 (plus) acres, and contains major tenants not found on other sites within the same zone. Furthermore, the intended development is considered to have unique parking lot lighting requirements. 3. The strict enforcement of the specified height standard would deprive the applicant of the ability to provide a parking lot lighting system more closely related to the needs and demands of the regional center, which is generally available to smaller scale developments in the same zone. 4. The granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties in the vacinity, because the lighting system to be used would reduce objectionable light characteristics and provide a measure of safety for public use of the site. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; PLANNING COMMISSION RESOLUTION NO. 566 Page -2- 2. That a Variance in modified form from Municipal Code Section 25.58.150 is hereby granted, limited by and subject to the terms specified in the attached conditions, for reasons stated herein. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of January, 1980, by the following vote, to wit: AYES: Berkey, Kryder, Miller, Snyder NOES: None ABSENT: None ABSTAIN: None WALTER SNYDER, Chair ATTEST: cA,K PAUL A. WILLIAMS, Secretary /1r PLANNING COMMISSION RESOLUTION NO. 566 Page -3- CONDITIONS OF APPROVAL Case No. VAR 07-79 1. With regard to development of this subject site, all of the require- ments of the City Council, in Resolution No. 79-125, shall be add- heared to, except as specifically provided by this Variance and the modifying limitations and conditions which follow. 2. Prior to final construction drawings being approved, the applicant shall submit an engineered lighting system plan which incorporates the following: a) Lighting criteria which provides for the maximum average light level maintained between 1 and 1.5 footcandles (three weeks after turned on). b) The use of 100 watt, High Pressure Sodium, "Luminaire type" fixtures which provide a controlled light pattern with the light source shielded. c) A Pole height at 25 feet; and, the outside row of lights on the north, south, east and west sides shall be shielded, all other shielding shall be at the discretion of the Public Works Director. 3. The hours of parking lot lighting use shall conform to a plan and schedule specifically submitted to the Director of Environmental Services for his review and approval, prior to a final occupancy permit being granted. The criteria for approval shall require that all but essential security lights be turned off when the site, or portions thereof are not in use. The Director may elect to refer this matter to the Commission or it may be brought to the Commission on an appeal, for final disposition. 4. Prior to final occupancy permit being granted, the applicant is authorized and directed to turn on the parking lot lighting system for a three week "burn -in" period, at the completion of which an inspection shall be made to determine that the approved light level has not been exceeded. The applicant shall bear the cost of an independent inspection firm's test of the light level, by means of cash bond posted with the City in the estimated (or actual) amount of the inspection and report fee. 5. The applicant shall agree to these conditions in writing. AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature)