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Home My WebLink AboutPC Resolution _6233- Case SP 11-006RESOLUTION NO.6233 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE SP 11-006, ALLOWING THE IMPLEMENTATION OF A SIGN PROGRAM FOR MULTI - TENANTED BUILDING LOCATED AT 440 THROUGH 450 SOUTH PALM CANYON DRIVE. WHEREAS, Ian Danielski (the "Applicant") has filed an application with the City pursuant to Section 93.20.09 of the Sign Ordinance for a sign program located at 440 through 450 South Palm Canyon Drive, APN: 513-214-004, Zone CBD, Section 15; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 11-006 was given in accordance with applicable law; and WHEREAS, on August 8, 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 October 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 Caldbmia Environmental Quality Act CCEQA"), 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 Ordinance. The Planning Commission finds that: Planning Commission Resolution No. 6233 October 12, 2011 Case SP 11-006 Sign Program — 440/,450 S. Palm Canyon Dr. Page 2 of 3 9) 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 commercial building is oriented towards South Palm Canyon Drive and where the street is lined with large, healthy palm trees. These palms have palm frond skirts which may partially obstruct views of signage on the upper building walls. Therefore, the strict application of the zoning code would not give adequate visibility to the signage without the proposed deviation. 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 sign program proposes one main sign per street frontage and only minor accessory signage. The proposed sign locations respect the architectural details of the building and will not crowd corners or awnings. Therefore, the proposed deviation from the Sign Ordinance will allow adequate visibility and provide an effective sign program for the multi - tenanted building. 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 subject property is located on South Palm Canyon Drive between Baristo Road and Ramon Road. This segment of South Palm Canyon Drive includes a number of properties that have monument signs that are larger than the sign program's proposed monument sign. Therefore, the proposed program will be compatible with the surrounding property and not contrary to the purpose of the sign ordinance. Planning Commission Resolution No. 6233 October 12, 2011 Case SP 11-006 Sign Program — 440/450 S. Palm Canyon Dr. Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. SP 11-006, a sign program for the two tenants located at 440 and 450 South Palm Canyon Drive, subject to those conditions set forth in Exhibit A. ADOPTED this 12" day of October 2011. AYES: 5, Munger, Vice Chair Hudson, Roberts, Conrad and Chair Donenfeld NOES: None ABSENT: 1, Klatchko ABSTAIN: None ATTEST: ing, P Director of Plan in Services CITY OF PALM SPRINGS, CALIFORNIA Resolution No. 6233 Exhibit A Case No. SP 11-006 Sign Program 440 and 450 South Palm Canyon Drive APN: 513-214-004 October 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 U PSP 1. A portable open sign shall be prohibited for the southerly tenant (450 South Palm Canyon Drive). PSP 2. Temporary signage (including banners) shall be consistent with Section 93.20.08 of the Zoning Code. PSP 3. Real estate signage shall be consistent with Section 93.20.07 of the Zoning Code. PSP 4. In the instance where either tenant space changes from a restaurant use to another type of use, the Director of Planning may require an amendment to the sign program prior to any issuance of sign permits for the property. 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 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 Resolution No. 6233 Conditions of Approval SP 11-006 Sign Program 4401450 S. Palm Canyon Dr. October 12, 2011 Page 2 of 2 Springs, its legislative body, advisory agencies, or administrative officers concerning Case SP 11-006. 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. 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. .y END OF CONDITIONS w