HomeMy WebLinkAboutPC Resolution _4672RESOLUTION NO.4672
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, GRANTING VARIANCE 8.242 TO
ALLOW THE INSTALLATION OF TWO (2) MAIN
IDENTIFICATION SIGNS IN EXCESS OF THE MAXIMUM
ALLOWABLE SIGN HEIGHT AND SIGN AREA AT PALM
SPRINGS MALL, 2365 TAHQUITZ CANYON WAY, C-S-C
ZONE, SECTION 13.
WHEREAS, Lamar Palms Associates, LP, (the "Applicants") have filed an application with the City
pursuant to Section 9406.00.13 ofthe Zoning Ordinance for a Variance to allow the installation oftwo (2)
main identification signs, one (1) along Tahquitz Canyon Way and one (1) along South Farrell Drive and
for a sign program for Palm Springs Mall located at 2365 Tahquitz Canyon Way, C-S-C Zone, Section
13.
WHEREAS, Notice of a Public Hearing of the Planning Commission of the City of Palm Springs to
consider the application for the Variance was given in accordance with applicable law; and
W-1 IEREAS, on October 27,1999 and November 24,1999, a Public Hearing for the Variance was held
by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed Variance is categorically exempt from the California Environmental Quality Act
(CEQA); and
WHEREAS, the Planning Commission has carefully reviewed and considered all ofthe evidence presented
in connection with the hearing on the project, including but not limited to the staffreport and all written and
oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds as follows:
a. The project is categorically exempt from the requirements of CEQA
pursuant to Section 15303.
Section 2: Pursuant to Zoning Ordinance Section 9406.00.13, the Planning Commission finds
that:
1. Because of special circumstances applicable to the subject property, including shape
topography, location or surroundings, the strict application ofthe Zoning Ordinance would
deprive the subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classifications.
The Commission does make this finding. This property has established buildings that include both
exclusively interior commercial tenants with no street frontage as well as tenant spaces with street
frontage. This is a unique occurrence in the city. In addition to having this structural challenge, the
building is setback in excess of 100 feet from the right-of-way. Due to the setback, the ability to
utilize wall signs to identify the businesses is challenging.
2. Any variance granted shall be subject to such conditions as will assure that the adjustment
thereby authorized shall not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
situated.
The Commission finds that the granting ofthe Variance will not grant special privileges to this
property that are inconsistent with the limitations upon other properties in the vicinity and zone.
This property is unique in that much ofthe retail activity fronts on the hallways ofthe mall rather
than on a parking lot or street. These uses are not visible to traveling motorist. The Commission
does not know of this development pattern being replicated anywhere else in the City.
3. The granting ofthe Variance will not be detrimental to the public health, safety, or welfare,
or materially injurious to property and improvements in the vicinity and zone in which the
property is located.
The Commission finds that the granting ofthe Variance will not be materially detrimental to the
public health, safety, convenience, or welfare, or injurious to property and improvements in the
same zone in which the property is located. The proposed sign comply with the spirit of the
Ordinance in terms of massing and scale, particularly due to limiting the allowable number ofsuch
signs.
4. The granting of such variance will not adversely affect the General Plan for the City.
The Commission finds that the proposed Sign Variance will not adversely affect the General Plan
forthe City. In discussing Tahquitz Canyon Way, the General Plan states "Tahquitz Canyon Way
is the major, east -west, axis, a broad boulevard with a median lined with palm trees, linking
downtown to the airport. This area has direct access to the Downtown to the west and is flanked
by areas, to the north and south, with a potential for high density residential and hotel uses."
Policy 3.23.6 ofthe General Plan states that the City shall "require that all uses and buildings
enhance pedestrian activity along Tahquitz Canyon Way in accordance with the land use and
design policies and standards specified in this section. Strengthen the pedestrian linkage along
Tahquitz Canyon Way toward the Historic village Center ofthe downtown through improved
lighting and expanded sidewalk area and encouragement of complementary retail, office and
restaurant uses." The scale of the proposed sign is consistent with the goal of retaining and
enhancing a pedestrian scale while encouraging retail and restaurant uses.
NOW, THEREFORE, BE IT RESOLVED, that, based upon the foregoing, the Planning Commission
hereby grants Variance 8.242.
ADOPTED this 24 day of November, 1999.
AYES:
Caffery, Fontana, Klatchko, Matthews, Mills, Raya
NOES:
None
ABSENT:
Jurasky
- fiaalc��
Secretary, P ing Commission
Chairman, Planning Commission
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