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HomeMy WebLinkAboutPC Resolution _6158- Case SP 10-006 Eisenhower Rite Aid Sign ProgramRESOLUTION NO.6158 (Amended by the Planning Commission October 27, 2010) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE SP 10-006, ALLOWING THE IMPLEMENTATION OF A SIGN PROGRAM FOR THE PROPERTY LOCATED AT 111 SOUTH SUNRISE WAY. WHEREAS, Best Signs, Inc. (the "Applicant"), has filed an application with the City pursuant to Section 93.20.05 of the Sign Ordinance for a sign program located at 111 S. Sunrise Way, APN: 508-100-053 , Zone RA (Resort Attraction — Section 14 Master Plan), Section 14; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 10-006 was given in accordance with applicable law; and WHEREAS, on September 20, 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 October 13, 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 Planning Commission Resolution No. 6158 October 27, 2010 Case SP 10-006 Eisenhower Rite Aid Sign Program Page 2 of 3 Ordinance. The Planning Commission finds that: 1) 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 subject property is a 3.81-acre site with two large buildings surrounded by parking and landscaping. The northerly building is setback approximately one hundred feet from right-of-way. The southerly building is near Sunrise Way and Arenas Road. Given the size and layout of the property, an increase in signage for the buildings will allow users to easily identify services offered while on - or off -site. Therefore, strict application of the sign ordinance would not otherwise provide adequate visibility to the 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 approved program will allow a unified and consistent design for each building, and the monument signs will tie the commercial center's architecture together. The deviations of increased signage will represent the least departure from the sign ordinance while providing 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 subject property has frontage on three streets — Tahquitz Canyon Way, Sunrise Way and Arenas Road. Tahquitz Canyon Way and Sunrise Way are Major Thoroughfares, and Arenas Road is a Local Street, as designated by the General Plan.. Two monument signs are proposed on the Major Thoroughfares and although one may be permitted by the sign ordinance, no monument sign is proposed on the Local Street. The focus of signage is towards the major streets and towards the users within the interior of the property. Therefore, the approved program is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. Planning Commission Resolution No. 6158 October 27, 2010 Case SP 10-006 Eisenhower Rite Aid Sign Program Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. SP 10-006, subject to those conditions set forth in Exhibit A. ADOPTED this 13t" day of October 2010 AYES: 6, Scott, Hudson, Klatchko, Munger, Donenfeld, and Chair Caffery NOES: None ABSENT: None ABSTAIN: 1, Conrad ATTEST: ai . wing, P Dire or of Plan in Services CITY OF PALM SPRINGS, CALIFORNIA Resolution No. 6158 (Amended by the Planning Commission October 27, 2010) Exhibit A Case No. SP 10-006 Sign Program Eisenhower & Rite Aid Pharmacy 111 South Sunrise Way APN: 508-100-053 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. Prior to issuance of any sign permits, the applicant shall revise the sign program as follows: a. Eisenhower Medical Building — Remove all Secondary Signs, including "N", "E" and "S" from the elevations and exhibits. b. Rite Aid Pharmacy Building — Remove Sign #s "3a", "3b" and "3c" (GNC, Drive -through and Liquor channel letter signs) from the elevations and exhibits. c. Rite Aid Pharmacy Building -- Remove Sign #s "4a" and "4b" (pylon signs) from the elevations and exhibits. The revised sign program must be submitted to the Planning Department prior to issuance of any sign permits. PSP 2. The property owner, or representative, shall submit an amendment to the sign program prior to the approval of a tenant improvement for a multi -tenanted building. PSP 3. Rite Aid Pharmacy Sign #s "5a" and "5b" shall be removed from the property prior to issuance of certificate of occupancy of this building. Resolution No. 6158 Conditions of Approval SP 10-006 Eisenhower & Rite Aid Sign Program October 27, 2010 Page 2 of 3 PSP 4. Rite Aid Pharmacy future signage, referenced as Sign #s 1", 179, "831, "9a", "91b", "9c", "9d", "9e", "10" and "11 ", shall be removed from the exhibits prior to issuance of any sign permits. PSP 5. Real estate signage shall be consistent with Section 93.20.07 of the Zoning Code. PSP 6. Prior to issuance of permits, the applicant shall revise the sign plans to relocate the Sunrise Way monument sign seventeen feet from the curb face, as measured from the outermost (street -side) element of the monument sign. The monument signs shall be located outside of the safety comer cutback area, subject to review by the Department of Public Works. (Amended by the Planning Commission on October 27, 2010.) ADMINISTRATIVE CONDITIONS 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 0 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 10-006. 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. Resolution No. 6168 Conditions of Approval October 27, 2010 SP 10-006 Eisenhower & Rite Aid Sign Program Page 3 of 3 PLANNING DEPARTMENT CONDITIONS PLN 1. 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. 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 shall comply with the Uniform Building Code regulations. PLN 4. All non -approved signage must be removed as part of this approval. PLN 5. 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. PLN 6. The applicant shall provide all tenants with a copy of the sign program and all Conditions of Approval for this project. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS