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HomeMy WebLinkAboutPC Resolution _6174- Case SP 08-002 The Airport park Sign Program AmendmentRESOLUTION NO. 6174 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE SP 08-002, ALLOWING THE IMPLEMENTATION OF A SIGN PROGRAM AMENDMENT FOR THE PROPERTY LOCATED AT 265 NORTH EL CIELO DRIVE, SECTION 13, APN 502-100-017 WHEREAS, The Abbey company ("Applicant") for Desert Oasis Healthcare has filed an application with the City pursuant to Section 93.20.05(C)(6) of the Sign Ordinance for a sign program amendment located at 265 North El Cielo Drive, Zone A, Section 13; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 08-002 was given in accordance with applicable law; and WHEREAS, on January 12, 2011, 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 93.20.05(C)(6) 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: 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 location of the main sign 170 feet back from North El Cielo Drive warrants relief from the strict application of the sign ordinance. The previously approved main building sign locations have been partially obscured by semi -mature palm trees. The one 74.75 square foot main sign on approximately 9.8 acre parcel consisting of four office buildings will be less overall sign square footage than the previously approved sign program. Planning Commission Resolution January 12, 2011 - Case SP 08-002 The Airport Park Sign Program Amendment Page 2 of 2 0 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 deviation is to allow for a consolidation of two previously approved signs into one main sign resulting in a reduction of 55 square feet in overall signage. The Architectural Advisory Committee has reviewed the sign program amendment and had a favorable recommendation of the proposed design. 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 deviations from the ordinance are for the purpose of providing adequate identification for the hotel; and 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. SP 08-002, subject to those conditions set forth in Exhibit A. ADOPTED this 121' day of January 2011. AYES: 5, Munger, Donenfeld, Klatchko, Hudson and Scott NOES: None ABSENT: 2, Caffery and Conrad ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA r ' wing, P Di ctor of PI n�g Services Exhibit A Case No. SP 08-002 Sign Program Amendment The Airport Park 265 North El Cielo Drive January 12, 2011 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. Approval shall be valid based on the sign amortization schedule in Section 93.20.11 of the Palm Springs Zoning Ordinance. 2. All signs shall comply with the Uniform Building Code regulations. 3. All non -approved signage must be removed as part of this approval. 4. 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. 5. The decision of the Planning Commission may be appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 6. The original sign program remains in effect, SP-08-002 as amended to allow one 74.75 square foot illuminated sign as approved by the Planning Commission. 7. Exact sitting and placement of sign shall be approved by staff at the time of sign permit issuance. ADMINISTRATIVE 8. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other Conditions of Approval January 12, 2011 SP 08-002 The Airport Park Sing Program Amendment Page 2 of 2 City Codes, ordinances and resolutions which supplement the zoning district regulations. 9. 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 08-002. 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. BUILDING DEPARTMENT 0 10. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS Ee