HomeMy WebLinkAboutPC Resolution _6349-Case 8.257 SI VARRESOLUTION NO. 6349
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING SIGN VARIANCE, CASE NO. 8.257 TO
SECTION 93.20.06(A)(2) OF THE ZONING CODE TO
ALLOW VARIOUS SIGNS AT THE DEL TACO
RESTAURANT LOCATED AT 6620 NORTH INDIAN
CANYON DRIVE.
WHEREAS, Del Taco, LLC ("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 add six new
signs on building and modify existing pylon sign to add descriptive text at property located
at 6620 North Indian Canyon Drive, APN: 666-370-025, Zone M-1-P, Section 14; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Sign Variance, Case No. 8.257, was given in accordance with
applicable law; and
WHEREAS, on September 11, 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 Del Taco restaurant is located on a single parcel adjacent to an existing
Chevron service station with shared vehicular access. The two adjacent properties
on the east side of North Indian Canyon Drive function as one highway commercial
service center. The Palm Springs Zoning Code (PSZC) Section 93.20.05(6) allows
a sign program for multi -tenant buildings or centers. The two abutting properties
function as a unified service center; however the presence of two separate parcels
prohibits the use of a sign program. The existing pylon contains the Chevron and
Del Taco signs furthering the appearance as a unified commercial center. The strict
W
Planning Commission Resolution No. 6349
Case No. 8.257 Sign Variance — Del Taco Restaurant
September 11, 2013
Page 2 of 3
application of the Zoning Code prohibiting the use of a sign program limits Del Taco
restaurant from providing adequate signage. The marketability of the business is
reduced due to restrictions of allowable signage limiting the economic viability of the
business afforded by other fast casual restaurants in the vicinity 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 properly is situated.
The variance request for six (6) new building exterior signs for a total of three (3)
business identification signs, five (5) artwork panels and a modified pylon sign is
consistent with nearby development. Other highway commercial businesses in
the area commonly have multiple signs with large pylons, including Jack in the Box,
and Wendy's restaurants located across the street to the west. 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.
Staff has reviewed the policies of the general plan and has found no
inconsistencies between the plan and the proposed signage.
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 located adjacent to Interstate 10 and sits at a lower
elevation than the adjacent highway. In addition, the new 1-10 interchange
configuration modified the bridge approach elevating North Indian Canyon Drive
Planning Commission Resolution No. 6349
Case No. 8.257 Sign Variance — Del Taco Restaurant
September 11, 2013
Page 3 of 3
limiting direct visibility of the restaurant. Therefore, strict application of the
regulations of the sign ordinance will not give adequate visibility to the signage.
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 the placement of six (6) new building exterior signs for a total
of three (3) business identification signs; five (5) artwork panels and a modified
pylon sign. The proposed business ID internally lit signs will utilize the Del Taco
corporate logo. The artwork panels feature ingredients used in the products sold at
the restaurant will be affixed to three sides of the building. 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 Sign Variance with one condition.
7) That the approved signage is compatible with the surrounding property
and not contrary to the purpose of the sign ordinance.
The use of corporate logos, colors, materials and the design of the signs are
compatible with the building and adjacent highway commercial properties. The
Architectural Advisory Committee voted favorably to recommend approval of the
design with one condition that the pylon sign text and graphic be reduced 10%.
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. 8.257, a sign variance to allow the addition of six
new signs on building and modify existing pylon sign to add descriptive text at 6620 North
Indian Canyon Drive, subject to the conditions set forth in the attached Exhibit A.
ADOPTED this 1tn day of September 2013.
AYES: 7, Commissioner Calerdine, Chair Donenfeld, Vice -Chair Hudson,
Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts and
Commissioner Weremiuk
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
Margb Wheeler, AICP `
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA
1'
RESOLUTION NO.6349 O
EXHIBIT A
Case No. 8.257 Sign Variance
Del Taco Restaurant
6620 North Indian Canyon Drive
September 11, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case 8.257
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.
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 8.257 Sign Variance. The City of Palm Springs will
Resolution No. 6349
Conditions of Approval
Case No. 8.257 Sign Variance
Page 2 of 2
September 11, 2013
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.
END OF CONDITIONS
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