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.
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