Loading...
HomeMy WebLinkAboutPC Resolution _6230- Case SP 11-009RESOLUTION NO.6230 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE SP 11-009, ALLOWING THE IMPLEMENTATION OF A SIGN PROGRAM FOR THE MIXED -USE COMPLEX CONSISTING OF SPENCER'S RESTAURANT, TENNIS CLUB RESORT HOTEL AND TENNIS CLUB COURTS LOCATED AT 701 WEST BARISTO ROAD. WHEREAS, Best Signs, Inc. (the "Applicants), has filed an application with the City pursuant to Section 93.20.05(C)(6) of the Sign Ordinance for a sign program for the restaurant, hotel and tennis club complex located at 701 West Baristo Road, Zone R-2 & RGA (8), Section 15; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 11-009 was given in accordance with applicable law; and WHEREAS, on September 14, 2011, 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 28, 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 mixed -use complex consists of a resort hotel, restaurant, tennis courts and pools and spas at the end of Barlsto Road. The restaurant's proposed main sign is located behind a circular driveway which contains dense landscaping. The accessory and directional signage provide way finding throughout the mixed -use complex. Strict Planning Commission Resolution No. 6230 Case SP 11-009 701 W. Baristo Road Sign Program September 28. 2011 Page 2of2 application of the zoning code would not allow adequate signage as it relates to sign area for this property. 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 theme throughout the complex with similar stone elements. The deviations of increased signage will represent the least departure from the sign ordinance white 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 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 deviations from the ordinance are for the purpose of providing adequate identification for businesses and sign users; 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 11-009, a sign program with certain minor deviations, subject to those conditions set forth in Exhibit A. ADOPTED this 28th day of September 2011. AYES: 5, Roberts, Munger, Conrad, Vice Chair Hudson and Chair Donenfeld NOES: None ABSENT: 1, Klatchko ABSTAIN: None ATTEST: wing CP of PI nn na Services CITY OF PALM SPRINGS, CALIFORNIA Resolution No, 6230 Exhibit A Case No. SP 11-009 Sign Program 701 West Baristo Road September 28, 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 PSP 1. Approval shall be valid based on the sign amortization schedule in section 93.20.11 of the Palm Springs Zoning Ordinance. PSP 2. All signs shall comply with the Uniform Building Code regulations. PSP 3. All non -approved signage must be removed as part of this approval. PSP 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. PSP 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. PSP 6. The applicant shall provide all tenants with a copy of the sign program and all Conditions of Approval for this project. 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. Planning Commission Resolution No. 6230 SP 11-0091 Conditions of Approval September 28, 2011 Page 2 of 2 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 11-009. 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 BLD 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS K 2