The URL can be used to link to this page

Home My WebLink AboutPC Resolution _4774- Case 8.245RESOLUTION NO.4774 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING VARIANCE 8.245 TO ALLOW THE INSTALLATION OF A 50 SQUARE FOOT MONUMENT -TYPE SIGN, WHICH WOULD EXCEED MAXIMUM HEIGHT REGULATIONS, SIZE LIMITATIONS, AND FACE PRIVATE PROPERTY; AND ALLOW FOR A 29.3 SQUARE FOOT ACCESSORY WALL SIGN, WHICH WOULD EXCEED THE 6 SQUARE FOOT MAXIMUM SIGN AREA AND FACE PRIVATE PROPERTY, FOR THE CALIBER COLLISION CENTER, LOCATED AT 672 SOUTH PALM CANYON DRIVE, APN 508-132-038, C-M ZONE, SECTION 23. WHEREAS, Quiel Brothers Signs, (the "Applicants") have filed an application with the City pursuant to Section 94.06.00.E of the Zoning Ordinance fora variance to allow the installation of a 50 square foot monument -type sign, which would exceed maximum height regulations, size limitations, and face a private right-of-way, and allow for a 29.3 square foot accessory wall sign, which would exceed the 6 square foot maximum sign area and face private property, for the Caliber Collision Center, located at 672 South Palm Canyon Drive, C-M Zone, Section 23. 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 WHEREAS, on February 13, February 27, and March 13, 2002, Public Hearings 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 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303. Section 2: Pursuantto Zoning Ordinance Section 94.06.00.13, the Planning Commission finds that: 1. Because of special circumstances applicable to the subject property, including shape topography, location orsurroundings, the strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. Page 2 of 2 February 13, 2002 Planning Commission Resolution Case No. 8.245 Although the subject property has a narrow frontage on the west side of Calle Chia, which faces a residential neighborhood, the parcel is addressed and accessed by South Palm Canyon Drive. The subject property is several feet lower in elevation and set back 115 ' from the South Palm Canyon access, thus making the business hard to locate and identify. The granting of the variance will aide in affording the same identifying advertisement allowed for all businesses located within the same zone and addressed from South Palm Canyon Drive. 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. Conditions of approval include limiting the height of the free-standing sign to ten (10) feet above the grade of the adjoining parcel which the sign faces, and that the approval period for the free-standing sign be limited to the length of the business lease or five years, whichever is less. 3. The granting of the 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. 0 The proposed signs will be constructed per Uniform Building Code. Therefore, this project will not be materially detrimental to the public health, safety, and welfare of property within the vicinity and zone in which it is located. 4. The granting of such variance will not adversely affect the General Plan for the City. Granting of this variance will not affect the General Plan for the City. The variance request has been analyzed in relation to the City of Palm Springs General Plan and has been found to be consistent with the goals, policies and objectives; specifically the objective 5.15 which encourages commercial signage to provide a high -quality image for the City. NOW, THEREFORE, BE IT RESOLVED, that, based upon the foregoing, the Planning Commission hereby approves Variance 8.245 subject to those conditions set forth in Attachment A. ADOPTED this 13"d day of March, 2002. AYES: Klatchko, Jurasky, Raya, Matthews, Caffery, Shoenberger NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Ac� Secretaryq Planning Commission Chairman, Planning Commission EXHIBIT A CASE 8.245 SIGN VARIANCE - CALIBER COLLISION CENTER 672 SOUTH PALM CANYON DRIVE CONDITIONS OF APPROVAL March 13, 2002 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning. 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. 1 a. 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 8.245. 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 free-standing sign shall not exceed a maximum height of ten feet above the adjacent grade of the adjoining parcel, which the sign faces. 3. The approval period for the free-standing sign shall be limited to the business least or five years, which ever is shortest. APPROVED BY PLANNING ("Mlb"rt e 04AR. S% 5 Date 1 02 initial 4 (J APPROVED BY CITY COUNCIL lase *__ Date__� loitial� +aaelution *_._ , Ordinance # — APPROVAL SUB ECT TO ALL REQUIRED enNn1T10tg% BY ABOVE EWIFS 101 EO