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HomeMy WebLinkAboutPC Resolution _6334- Case 8.256 SI VARRESOLUTION NO. 6334 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING SIGN VARIANCE, CASE NO. 8.256, TO SECTION 93.20.06(A)(2) OF THE ZONING CODE TO ALLOW VARIOUS SIGNS AT THE RESORT HOTEL LOCATED AT 150 SOUTH INDIAN CANYON DRIVE. WHEREAS, Best Signs, Inc. ("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 to allow eight signs on the existing resort hotel consisting of three main signs on west elevation, two main signs on east 1 north elevation, one restaurant main sign on west elevation and various directional signs throughout for the property located at 150 South Indian Canyon Drive, APN: 508-082-005, Zone RA (Resort Attraction), Section 14; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Sign Variance, Case No. 8.256, was given in accordance with applicable law; and WHEREAS, on June 26, 2013, 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; 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 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 is an interior lot that is deeper than it is wide. The site is located adjacent to downtown and across from a private corridor (La Plaza) with limited site views from Palm Canyon Drive. Given the location and limited geometry of the building to locate signs, the strict application of the Zoning Code would deprive the subject property of other resort hotels and properties in the Planning Commission Resolution No. 6334 Case No. 8.256 Sign Variance — Hard Rock Hotel vicinity under identical zone classification. June 26, 2013 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 third main sign, additional main sign area and reduced main sign separation on the west elevation of the building. The adjustment is due to the site location and existing conditions. Other resort hotels in the area commonly have large signs, including the Spa Resort one block north. Thus, the variance request does not grant special privileges to the applicant. 3) The granting of the variance will pubic health, safety, and improvements i property is situated. n convenience the same not be materially detrimental to the or welfare or injurious to property vicinity and zone in which subject 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 is an interior lot that is deeper than it is wide. The site is located adjacent to downtown and across from a private corridor (La Plaza) with limited site views from Palm Canyon Drive. The existing building's geometric design and mature vegetation limit signage location and visibility. Therefore, strict application of the regulations of the sign ordinance will not give adequate visibility to the signage. Planning Commission Resolution No. 6334 Case No. 8.256 Sign Variance — Hard Rock Hotel June 26, 2013 Page 3 of 3 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 a large logo sign, 36-inch block letters and a small 24-square foot main sign over the entry on the west elevation. The proposed signs include a 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. 8.256, a sign variance to allow three main signs totaling 342 square feet of sign area on the west elevation of the building and two main signs on the east elevation totaling 127 square feet in sign area at 150 South Indian Canyon Drive, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 26" day of June 2013. AYES: 5, Calerdine, Donenfeld, Munger, Roberts, Weremiuk NOES: 2, Hudson, Klatchko ABSENT: None ABSTAIN: None ATTEST: Marto Wheeler, AICP Director of Planning Services CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO.6334 EXHIBIT A Case No. 8.256 Sign Variance Hard Rock Hotel 150 South Indian Canyon Drive June 26, 2013 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. K PROJECT SPECIFIC CONDITIONS PSP 1. Signage Alterations. 0 a. The block letters on the west elevation shall be limited to 40-inch high letters. b. The ` judy" lights sign above pedestrian entry to hotel to be per the drawing on sheet G110.1-ID.02 ADMINISTRATIVE CONDITIONS ADM 1. Pro'ect Description. This approval is for the project described per Case 8.256 Sign Variance, 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, date stamped May 28, 2013, except as modified by these conditions. 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. 0 Resolution No. 6334 Conditions of Approval Case No. 8.256 Sign Variance Page 2 of 2 June 26, 2013 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 8.256 Sign Variance. 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. Commencement of construction under this Architectural Approval shall be within two (2) years from the effective date of 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. 0 rAd- lk E0 W