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Home My WebLink AboutPC Resolution _6153- Case SP 10-005 Prescott Place Sign ProgramRESOLUTION NO. 6153 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE SP 10-005, ALLOWING THE IMPLEMENTATION OF A SIGN PROGRAM FOR THE PROPERTY LOCATED AT 901 NORTH PALM CANYON DRIVE. WHEREAS, Best Signs, Inc. (the "Applicant"), has filed an application with the City pursuant to Section 93.20.09 of the Sign Ordinance for a sign program located at 901 North Palm Canyon Drive, APN: 505-263-010 , Zone C-1, Section 15; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 10-005 was given in accordance with applicable law; and WHEREAS, on July 26, 2010, and August 23, 2010, a public meeting on the application for an architectural recommendation was held by the Architectural Advisory Committee in accordance with applicable law; and WHEREAS, on September 8, 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 project is Categorically Exempt under Section 15311(a)(Accessory Structures). Section 2: Section 93.20.09 stipulates three findings that are required for a sign program to be approved that deviates from the strict provisions of the Sign Ordinance. The Planning Commission finds that: 9) Due to the physical characteristics of the property and the Planning Commission Resolution No. 6153 September 8, 2010 Case SP 10-005 Prescott Place Sign Program Page 2 of 3 K 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. Strict application of the sign ordinance will not give adequate visibility to the signage. The project is a two-story mixed -use site with commercial retail on the first floor and residential and office on the second floor. Access to the parking area is located on the westerly portion of the property and away from Palm Canyon Drive, a major thoroughfare. A complex identification sign along Palm Canyon Drive will allow both the commercial and residential users to quickly identify the property and navigate to the parking area at the rear of the site. 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 will allow one deviation from the sign program. The deviation is the allowance of one monument sign to identify the multi - tenanted mixed -use property. No signage is proposed above the first floor of the two-story building. The complex identification sign will utilize the same design and materials as the main tenant signs. Architectural elements and colors of the project are incorporated into the sign's design; this allows an effective sign program that provides adequate signage for the complex and individual tenants. 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 users by regulating and controlling the design, location and maintenance of all signs in the city". The sign ordinance encourages adoption of sign programs to provide consistency and ease of permitting for multi -tenant signage. The deviation from the ordinance is for the purpose of providing adequate identification for businesses and sign users of this mixed -use property; therefore, the proposed sign program is not contrary to the purpose of the sign ordinance, and represents the least departure from the standards of the sign ordinance necessary for the effectiveness of the program. Planning Commission Resolution No. 6153 Case SP 10-005 Prescott Place Sign Program September 8, 2010 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. SP 10-005, subject to those conditions set forth in Exhibit A. ADOPTED this 8t" day of September, 2010. AYES: 6, Donenfeld, Hudson, Klatchko, Conrad, Scott and Chair Caffery NOES: None ABSENT: 1, Munger ABSTAIN: None ATTEST: ai wi n g,,Alq P Director of PI "nni Services CITY OF PALM SPRINGS, CALIFORNIA Exhibit A Case No. SP 10-005 Sign Program Prescott Place 901 North Palm Canyon Drive APN: 505-263-006 September 8, 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 0 PSP 1. Prior to installation of any signs, the applicant shall submit a color sample of the "teal" color lighting that is to be used as a background halo for all signs. PSP 2. It shall be the sole responsibility of the owner of the property and/or tenant or agent to restore all mounting surfaces (i.e. walls, facades, windows, railings, etc.) to a condition closest to the original condition upon removal of any sign from the premises. PSP 3. Approval shall be valid based on the sign amortization schedule in section 93.20.11 of the Palm Springs Zoning Ordinance. PSP 4. All signs shall comply with the Uniform Building Code regulations. PSP 5. All non -approved signage must be removed as part of this approval. PSP 6. The Planning Services Department may require the reduction of light intensity and glare from any signage, or the removal of such signage, that poses a nuisance or harm. PSP 7. The applicant shall provide all tenants with a copy of the sign program and all Conditions of Approval for this project. 0 Resolution No 6153 Conditions of Approval September 8, 2010 SP 10-005 Prescott Place Sign Program Page 2 of 2 PSP 8. 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 Case SP 10-005. 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 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS w 0