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Home My WebLink AboutPC Resolution _6094- Case SP 07-027RESOLUTION NO. 6094 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE APPROVAL OF CASE NO. SP 07-027, A SIGN PROGRAM FOR THE COMMERCIAL BUILDING LOCATED AT 2739 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3. WHEREAS, Stephen and Loretta Shreve ("Applicant') has filed an application with the City pursuant to Section 93.20.05(C)(6) of the Sign Ordinance for a sign program for the Shreve Building located at 2739 North Palm Canyon Drive (APN 504-060-010), Zone C-1, Section 3; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 07-027 was given in accordance with applicable law; and WHEREAS, on April 25, 2007, a public meeting on the application for architectural approval was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 11 exemption (accessory structures) pursuant to Section 15311(a) of the CEQA Guidelines; 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 the requirements of Section 93.02.05(C)(6), the Planning Commission finds: 9) Due to the physical characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the sign ordinance will not give adequate visibility to the signage. The combined signage of all three proposed signs is less than what would be allowed if the building were occupied by one tenant. The deviation is to allow the sign square footage to be divided between the building identification signage and the two main tenant signs. 2) The approved program will be compatible with the design of the property and will represent the least departure from the standards of the sign ordinance necessary for the effectiveness of the program. Planning Commission Draft Resolution April 25, 2007 Case 5P 07-027 Page 2 of 2 The proposal (for 49 square feet of combined signage) allows the same amount of sign area that would otherwise be allowed by the Sign Ordinance for an individual tenant of the building (50 square feet). The difference is to allow the proposed signs to divide the allowable square footage between the three signs and to allow for a building identification sign. The Architectural Advisory Committee has reviewed the program and had a favorable recommendation of the sign program as compatible with the building architecture. 3) The approved program is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. The sign ordinance encourages adoption of sign programs to provide consistency and ease of permitting for tenant signage. The deviations from the ordinance are for the purpose of providing adequate identification for the building and businesses located therein; therefore, the proposed sign program is not contrary to the purpose of the sign ordinance. The stated purpose of the sign ordinance as provided by Section 93.20.02(B) "is to provide standards to safeguard life, health, property and the public welfare and to provide the means for adequate identification of business and other sign users by regulating and controlling the design, location and maintenance of all signs in the city". 0 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. SP 07-027, subject to those conditions set forth in Exhibit A. ADOPTED this 251h day of April, 2007. AYES: 4, Hutcheson, Cohen, Hochanadel, Marantz NOES: None ABSENT: 3, Ringlein, Scott, Caffery ABSTAIN: None ATTEST: 4ofing I P Ping nin Services CITY OF PALM SPRINGS, CALIFORNIA Case No. SP 07-027 Sign Program The Shreve Building 2739 North Palm Canyon Drive April 25, 2007 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, 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. PROJECT SPECIFIC CONDITIONS 1. Main tenant signage shall be limited to 17 square feet. 2. The maximum width of tenant signage shall be 12 feet. 3. Letter height of individual tenant signage shall not exceed 18 inches. 4. All tenant signage needs to be architecturally integrated with the building and surrounding features. 5. Approval shall be valid based on the sign amortization schedule in section 93.20.11 of the Palm Springs Zoning Ordinance. 6. All signs must comply with Planning Commission conditions and Section 93.20.00 of the Palm Springs Zoning Ordinance. 7. All signs shall comply with the Uniform Building Code regulations. 8. All exposed neon shall be equipped with a manual dimmer to establish light intensity. 9. All non -approved signage must be removed as part of this approval. Conditions of Approval April 25: 2007 Case No. SP 07-027 Page 2 of 3 ADMINISTRATIVE 0 10. 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. 11. 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 Sign 07-027. 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 the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 12. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 13. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial or industrial projects, 114% for new residential subdivisions, or 114% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Conditions of Approval Case No. SP 07-027 April 25, 2007 Page 3 of 3 Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. GENERAL CONDITIONS/CODE REQUIREMENTS 14. The decision of the Planning Commission may be appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 15. The applicant shall provide all tenants with Conditions of Approval of this project. BUILDING DEPARTMENT 16. Prior to any construction on -site, all appropriate permits must be secured. C Ee EO