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HomeMy WebLinkAboutPC Resolution _6142- Case SP 09-001 El Paseo Building Sign Program AmendmentRESOLUTION NO. 6142 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE SP 09-001, ALLOWING THE IMPLEMENTATION OF A SIGN PROGRAM AMENDMENT FOR THE PROPERTY LOCATED AT 800 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 10, APN 505-285-014. WHEREAS, Christopher Anthony Antiques (the "Applicant"), has filed an application with the City pursuant to Section 93.20.09 of the Sign Ordinance for a sign program amendment located at 800 North Palm Canyon Drive, APN: 505- 285-014 , Zone C-1, Section 10; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider an amendment to Case No. SP 09-001 was given in accordance with applicable law; and WHEREAS, on April 12, 2010, a public meeting on the application for an architectural recommendation was held by the Architectural Advisory Committee (AAC) in accordance with applicable law at which meeting the AAC recommended restudy of the proposal; and WHEREAS, on April 13, 2010, a public meeting on the application for architectural approval was held by the Historic Site Preservation Board (HSPB) in accordance with applicable law, at which meeting the HSPB approved the request, subject to conditions of approval; and WHEREAS, on May 26, 2010, 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 California Environmental Quality Act (CEQA), the Planning Commission Resolution No. 6142 Case SP 09-001 El Paseo Building Sign Program Amendment May 26, 2010 Page 2 of 3 project is Categorically Exempt under Section 15311(a)(Accessory Structures). Section 2: Section 93.20.05(C)(6) stipulates three findings that are required for a sign program amendment to be approved that deviates from the strict provisions of the Sign Ordinance. Staff has analyzed the required findings in order below: 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 El Paseo Building is oriented towards North Palm Canyon Drive and Tamarisk Road in the uptown district. The building is part of the Old Las Palmas Historic Business District and was designated an historic site in 1990. The original sign program was approved in 2009 with multiple sign types and locations on the building. The main tenant of the building posses the majority of the signs approved by the original sign program. Secondary building tenant's signage as designated on the original sign program has been deemed inadequate by the applicant. The original sign program provided for two non - illuminated 5.8 square foot signs to be affixed to a fritted panel. The provision within the original sign program for no internal illuminated sign at the southwest corner of the building is a hardship as deemed by the applicant. Therefore, strict application of the Sign Ordinance may not provide for adequate and/or appropriate signage. 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. The sign program allows for architecturally compatible signs as the existing signage permits internally -illuminated blade signs. The proposed amendment to the sign program would allow an internally -illuminated can sign, with a frame extension to create a floating effect. Low wattage illumination (not to exceed 60 watts) would reduce the potential glare impacts on pedestrians, while providing sign visibility to motorists. Allowing staff approval of future change of copy will provide flexibility and efficiency. 3) The approved program is compatible with the surrounding property and 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 X Planning Commission Resolution No. 6142 May 26, 2010 Case SP 09-001 El Paseo Building Sign Program Amendment Page 3 of 3 users by regulating and controlling the design, location and maintenance of all signs in the city" The sign program amendment is limited to one sign affixed to the southwest corner of the building. The original sign program has very specific design criteria, and the proposal, as conditioned, will provide one cabinet sign associated with the applicant's business which is compatible with not only the building, but the surrounding properties. The sign program amendment will not be contrary to the purpose of the sign ordinance. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. SP 09-001 sign program amendment, subject to those conditions set forth in Exhibit A. ADOPTED this 261h day of May, 2010. AYES: 5, Hudson, Donenfeid, Scott, Vice Chair Caffery and Chair Cohen NOES: None ABSENT: 1, Conrad ABSTAIN: 1, Munger ATTEST: eWqEwjng,XCP Dirftfor of Pla yg Services CITY OF PALM SPRINGS, CALIFORNIA Exhibit A Case No. SP 09-001 Amendment to Sign Program El Paseo Building 800 North Palm Canyon Drive May 26, 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. CONDITIONS ADDED BY PLANNING COMMISSION AT MAY 26, 2010 MEETING PC 1. Approval with sign face dimensions of 25" x 48" with a 2 inch frame. PC 2. Sign frame to be bronze or brown in color to match fritted panel. PROJECT SPECIFIC CONDITIONS PSP 1. The sign program amendment is for one internally -illuminated rectangular metal can sign with an acrylic sign face, containing the copy as presented in plans, dated April 5, 2010 PSP 2. The size of the sign shall not exceed xx" by xx" with a two (2) inch wide frame; sign face equaling xx square feet. PSP 3. Sign to be mounted at least 58 inches from the bottom of the sign to the sidewalk. PSP 4. Maximum internal illumination of the sign shall not exceed 60 watts. PSP 5. Changes to the copy of the can sign may be approved by the Director of Planning Services. PSP 6. Existing non -illuminated sign on fretted panel facing North Palm Canyon Drive to be removed. Resolution No. 6142 Conditions of Approval SP 09-001 El Paseo Building Sign Program Amendment May 26, 2010 Page 2 of 2 PSP 7. All signs shall comply with the Uniform Building Code regulations. PSP 8. All non -approved signage must be removed as part of this approval. PSP 9. The applicant shall provide all tenants with a copy of the sign program and all Conditions of Approval for this project. PSP 10. Any portable free-standing signs shall comply with Palm Springs Zoning Code Section 93.20.09(B)(5). ADMINISTRATIVE ADM 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. ADM 2. 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 sign program amendment Case SP 09-001. 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 3. The decision of the Planning Commission may be appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. BUILDING DEPARTMENT BLD I. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS w m