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HomeMy WebLinkAboutPC Resolution _6176- Case 8.238 SI VAR AMENDRESOLUTION NO. 6176 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING SIGN VARIANCE AMENDMENT, CASE NO. 8.238 SI VAR AMEND, TO ALLOW A SECOND MAIN SIGN AT 490 EAST SUNNY DUNES ROAD. WHEREAS, Sign -A -Rama ("Applicant") has filed an application with the City pursuant to Section 94.06.00 and Section 93.20.10(A)(4) of the Zoning Ordinance for a second main sign for the property located at 490 East Sunny Dunes Road, APN: 508-132-023, Zone C-M, Section 23; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 8.238 SI VAR AMEND was given in accordance with applicable law; and WHEREAS, on January 12, 2011, a public hearing 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 California Environmental Quality Act (CEQA) Guidelines, the project is a Class III Categorical Exemption per Section 15303(e) (New construction of accessory structures). 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 requirements of Section 94.06.00(B), the Planning Commission finds: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property, as is it currently exists in its "T"-shaped configuration, has an unusual shape. This shape limits the exposure of buildings on the property that would normally have street frontage and additional signage. Therefore, strict application of the Zoning Code would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Planning Commission Resolutior. No. 6176 Case No. 8.238 SI VAR AMEND January 12, 2011 Page 2 of 3 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. The variance granted will be for a second main sign. It will be located behind a parking lot and serve the main buildings and two other buildings that do not have street frontages. The overall size of both signs is not excessive for the size of the oddly property. Thus, the variance request does not grant special privileges to the applicant. A variance request has been granted previously at this location and the proposed request would allow a similar approval. 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The proposed signs will be required to meet all necessary building and safety codes. The signs have been reviewed by the Architectural Advisory Committee for good design. Therefore, the granting of the variance will not affect the public health, safety, convenience or welfare and will not be injurious to property improvements in the same vicinity and zone. 4) The granting of such variance will not adversely affect the general plan of the city. Staff has reviewed the policies of the general plan and has found no inconsistencies between the plan and the proposed signage. Section 2: In addition to the findings required by state law, the sign ordinance stipulates three additional findings required for sign variances. Pursuant to the requirements of Section 93.20.10(A)(4), the Planning Commission finds: 5) 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 "T"-shaped configuration of the subject property limits the amount of building frontage possible. The layout of the building includes an "L"- shaped building fronting Sunny Dunes Road and two buildings at the rear with no street frontage. Since the buildings at the rear do not have any street frontage due to the lot configuration and orientation and design of structures on the property, strict application of the sign ordinance Planning Commission Resolution No. 6176 Case No. 8.238 SI VAR AMEND January 12, 2011 Page 3 of 3 regulations will not give adequate visibility to the signage. Therefore, additional signage is warranted. 6) The approved signage 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 signage. The proposal includes two main signs for a large retail establishment on a 1.46-acre site. The blade sign will allow easy identification when driving along Sunny Dunes Road in either direction. The main wall sign identifies the front of the building and provides way -finding to the parking and general building entrance. These signs provide adequate visibility and effective signage while representing the least departure from the standards of the sign ordinance. The contemporary materials and design of the signs are compatible with the building and adjacent properties. The Architectural Advisory Committee voted unanimously to recommend approval of the design. 7) That the approved signage is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. The contemporary materials and design of the signs are compatible with the building and adjacent properties. The Architectural Advisory Committee voted unanimously to recommend approval of the design. The proposal does not conflict with the purpose of the sign ordinance as described in Section 93.20.02(B) of the Zoning Code. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 8.238 — SI VAR AMEND, allowing a second main sign at 490 East Sunny Dunes Road, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 121h day of January 2011. AYES: 4, Scott, Munger, Klatchko and Donenfeld NOES: 2, Caffery and Hudson ABSENT: 1, Conrad ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ra' wing, AI Di or of Plano Services RESOLUTION NO.6176 EXHIBIT A Case No. 8.238 SI VAR AMEND Do It Best Builders Supply 490 East Sunny Dunes Road 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 Director of Building and Safety, 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. Signage Alterations. Alterations to the approved signage limited to repaints and regular maintenance shall require the approval of a new sign permit. All other alterations require the amendment to this variance. PSP 2. Signage Amortization. Permits approved shall be valid based on the sign amortization schedule in section 93.20.11 of the Palm Springs Zoning Ordinance. PSP 3. Existing Signage. Prior to final inspection of the approved signage, all previously approved signage on the east and west elevations must be removed and the wall surface must be repaired to its original condition. PSP 4. Illegal Signage. All non -approved signage must be removed as part of this approval. ADMINISTRATIVE CONDITIONS ADM 1. Proiect Description. This approval is for the project described per Case 8.238 SI VAR AMEND, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans on file in the Planning Division, except as modified by the conditions below. Resolution No. 6176 Conditions of Approval Case No. 8.238 SI VAR AMEND Page 2 of 2 January 12, 2011 ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. 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 5. 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 Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case SI 8.238 SI VAR. 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 6. Time Limit on Approval. Approval of the Sign Variance (SI VAR) 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. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. Ee EO 0-1