HomeMy WebLinkAboutPC Resolution _6109- Case SP 09-092RESOLUTION NO. 6109
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM SPRINGS, CALIFORNIA
APPROVING CASE NO. SI 09-092, A PERMANENT
FREEWAY SIGN OF 146 SQUARE FEET LOCATED
AT 6600 NORTH INDIAN CANYON DRIVE.
WHEREAS, Del Taco, LLC ("Applicant') has filed an application with the City pursuant
to Section 93.20.10 and 94.04.00 of the Palm Springs Zoning Code for a freeway sign
located on an existing pylon sign at 6600 North Indian Canyon Drive (Chevron) for the
proposed drive -through restaurant (Del Taco) to be located at 6620 North Indian
Canyon Drive, Zone H-C, Section 23; and
WHEREAS, on January 13, 2010, a public meeting on the application 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 under Section 15061 (General Rule); 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.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. SI 09-092, a freeway sign totaling 146 square
feet to be located on an existing pylon sign at 6600 North Indian Canyon Drive, subject
to those conditions set forth in Exhibit A.
ADOPTED this 13th day of January, 2010.
AYES: 6, Scott, Donenfeld, Hudson, Munger, Caffery and Chair Cohen
NOES: None.
ABSENT: 1, Conrad
ABSTAIN: None.
ATTEST:
ng, AI
Diror Pia in Services
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO. 6109
EXHIBIT A
Case No. SI 09-092
Del Taco, LLC
6600 North Indian Canyon Drive
January 13, 2010
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
PSP 1. Text on Sign. Prior to issuance of building permit, the text "24HR DRIVE-
THRU" shall be removed from both sides of the sign.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case No.
SI 09-092, except as by these conditions.
ADM 2. Conform to all codes and regulations. 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.
ADM 3. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 4. Indemnification. 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
W
Planning Commission Conditions
Case SP 09-092
January 13, 2010
Page 2 of 3
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case No. SI 09-092. 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 judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 5. Maintenance and Repair. 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.
ADM 6. Time Limit on Approval. Approval of this Conditional Use Permit, including
Architectural Approval, shall be valid for a period of two (2) years from the
effective date of the approval. Extensions of time may be granted by the
Planning Commission upon demonstration of good cause.
ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Any utility service to the sign structure shall be installed underground.
PLN 2. Approval shall be valid based on the sign amortization schedule in section
93.20.11 of the Palm Springs Zoning Ordinance.
PLN 3. All signs must comply with Planning Commission conditions and Section
93.20.00 of the Palm Springs Zoning Ordinance.
Planning Commission Conditions January 13, 2010
Case SP 09-092 Page 3 of 3
PLN 4. All signs must comply with the Uniform Building Code regulations.
PLN 5. All non -approved signage must be removed as part of this approval.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
END OF CONDITIONS