HomeMy WebLinkAboutPC Resolution _6193- Case 8.254 SI VARRESOLUTION NO. 6193
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING SIGN VARIANCE, CASE NO. 8.254 SI
VAR, TO ALLOW A MAIN SIGN ON EACH STREET
FRONTAGE THAT EXCEEDS THE MAXIMUM SIGN
AREA AND LETTER HEIGHT PERMITTED BY THE
ZONING CODE FOR THE PROPERTY LOCATED
AT 200 SOUTH PALM CANYON DRIVE.
WHEREAS, Jerry Keller ("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 two main signs
that are ninety-five square feet in size with 20.5 inch high letters for the property located
at 200 South Palm Canyon Drive, APN: 513-154-039, Zone CBD, Section 15; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 8.254 SI VAR was given in accordance with applicable
law; and
WHEREAS, on April 27, 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 j 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 is a large parcel located in the downtown area. The
CBD Zone requires a minimum of 9,600 square feet and the subject
parcel is almost twice this size at approximately 18,300 square feet. The
subject property contains a large building with a single tenant that has a
street frontage of 100 feet on Palm Canyon Drive and Arenas Road.
Planning Commission Resolution No. 6193
Case No. 8.254 SI VAR
April 27, 2011
Page 2 of 3 10
Should this building be multi -tenanted similar to the majority of other
buildings and properties in the area, additional sign area beyond fifty feet
could be permitted on this property. Therefore, the 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.
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 additional main sign area and increased letter
height. The total sign area will be ninety-six square feet and the maximum letter
height will be 20.5 inches. If this building is multi -tenanted, a main sign area of
100 square feet would be possible on each street frontage. An increased letter
height is necessary for a main sign that contains only four letters. Thus, the
variance request does not grant special privileges to the applicant.
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.
No inconsistencies between the General Plan and the proposed signage
have been found.
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 subject property contains a large single tenant building. The building
is approximately 11,446 square feet in area. The business has 100 feet
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Planning Commission Resolution No. 6193
Case No. 8.254 SI VAR
April 27, 2011
Page 3 of 3
of frontage on both Arenas Road and South Palm Canyon Drive. Given
the size of this tenant on this property, strict application of the regulations
of the sign ordinance will not give adequate visibility to the signage in the
downtown area.
fit 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 one main sign per street frontage for a large
commercial establishment in the downtown area. The proposed signs
include a clean and simple design utilizing high quality reverse channel
lettering. The signs are proposed in strategic locations to provide
adequate and effective identification while representing the least
departure from the standards of the sign ordinance. Furthermore, the
Architectural Advisory Committee voted favorably 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 favorably 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. 8.254 — SI VAR, allowing two main signs that
are ninety-five square feet in size with 20.5 inch high letters at 200 South Palm Canyon
Drive, subject to the conditions set forth in the attached Exhibit A.
ADOPTED this 271h day of April 2011.
AYES: 4, Klatchko, Munger, Vice Chair Donenfeld and Chair Caffery
NOES: 2, Hudson and Conrad
ABSENT: None
ABSTAIN: None
ATTEST:
ving, AICrervices
Plannit�
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO. 6193
EXHIBIT A
Case No. 8.254 SI VAR
LULU California Bistro
200 South Palm Canyon Drive
April 27, 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. Sionage 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. Signag eqAmortization. Permits approved shall be valid based on the sign
amortization schedule in section 93.20.11 of the Palm Springs Zoning
Ordinance.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description; This approval is for the project described per Case 8.254
SI VAR, 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.
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.
Resolution No. 6193
Conditions of Approval
Case No. 8.254 SI VAR
Page 2 of 2
April 27, 2011
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 8.254 Sl 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.
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