HomeMy WebLinkAbout24289 RESOLUTION NO. 24289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING AND
ESTABLISHING A SIGN PROGRAM FOR THE TWO-
STORY MULTI-TENANT BUILDING LOCATED ON
BLOCK B OF THE DOWNTOWN PALM SPRINGS
SPECIFIC PLAN AT 175 NORTH PALM CANYON
DRIVE.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. DTPS B-2, LLC. ("Applicant") has filed an application with the City pursuant to
Section 93.20 (Sign Ordinance) of the Palm Springs Zoning Code for a sign program
(Case SP 17-002) for the multi-tenant commercial building located at 175 North Palm
Canyon Drive, Zone C-B-D, Block "B" of the Downtown Palm Springs Specific Plan,
Section 15.
B. The Applicant has requested deviations from Section 93.20.09 of the Sign
Ordinance, which in addition to allowing tenant signage on the street frontages of the
building (facing north, east and south), would permit signage facing a private street
(west), including signage that exceeds size limitations of the Sign Ordinance.
C. On May 15, 2017, the Architectural Advisory Committee reviewed the proposed
sign program and voted unanimously to recommend conditional approval of the project
to the Planning Commission.
D. A notice of a public meeting of the Planning Commission of the City of Palm
Springs to consider Case SP 17-002 was given in accordance with applicable law, and
on June 28, 2017, the Planning Commission carefully reviewed and considered all of
the evidence presented in connection with the meeting on the Project, including but not
limited to the staff report, and all written and oral testimony presented, and voted 7-0 to
conditionally approve Case SP 17-002.
E. On July 3, 2017, a timely Notice of Review was submitted to the City Clerk
requesting City Council review of the Planning Commission decision relative to Case
SP 17-002 according to Section 2.06.030 of the Municipal Code.
F. A notice of public meeting of the City Council of the City of Palm Springs
California to consider Case SP 17-002 was given in accordance with applicable law,
and on
July 26, 2017, the City Council 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, and voted to conditionally
approve Case SP 17-002.
Resolution No. 24289
Page 2
G. Pursuant to Section 93.20.09 of the Palm Springs Zoning Code, the City Council
has examined the sign program, including requested deviations from the strict
provisions of the Sign Ordinance, and evaluated it against the required findings for
approval as follows:
1. That 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 a multi-tenanted commercial building located along Palm
Canyon Drive with pedestrian traffic on all sides and vehicular access on three
sides. The two-story structure is located adjacent to the sidewalk and three streets,
Palm Canyon Drive, Andreas Road and Museum Way. The Downtown Urban
Design Guidelines (Appendix A of the General Plan) state, "The size, scale, and
style of signs should be determined by the scale of the buildings of which they are a
part and the scale and speed of the intended viewer (pedestrian vs. vehicle)." Due
to the large overhangs and physical size of the building, strict application of the
regulations of the sign ordinance will not give adequate visibility to the signage.
2. That the approved program will be compatible with the design of the property
and will represent the least departure from the standards of the sign program
necessary for the effectiveness of the program; and
The proposed sign program provides a unified and consistent design theme for all
tenants within the multi-tenanted commercial building. The limiting of sign types,
sizes and locations will be consistent with the size and mass of the building. Aside
from directional signage on the first floor, tenants on the second floor will not be
allowed signage, which is more restrictive than the sign ordinance and will reduce
possible sign clutter on the building. Therefore, the conditionally approved sign
program will be compatible with the design of the property and represent the least
departure from the standards of the sign ordinance necessary for the effectiveness
of the program.
3. That 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
Resolution No. 24289
Page 3
are for the purpose of providing adequate identification for business 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.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS
FOLLOWS:
SECTION 1. CEQA.
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.
SECTION 2. Sign Program.
That the findings and determinations reflected above are true and correct, and are
incorporated by this reference herein as the cause and foundation for the action taken
by and through this Resolution. The City Council approves Sign Program application
(Case SP 17-002) with conditions as outlined in attached Exhibit "A."
ADOPTED THIS 261h DAY OF JULY, 2017.
l
David H. Ready, Esq., Ph.
City Manager
ATTEST:
Kathleen D. Hart, MMC
Interim City Clerk
Resolution No. 24289
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Resolution No. 24289 is a full, true and correct copy, and was duly adopted
at a regular meeting of the City Council of the City of Palm Springs on July 26, 2017, by
the following vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: None I
03A,
Kathleen D. Hart, MMC
Interim City Clerk
Resolution No. 24289
Page 5
Exhibit A
Case No. SP 17-002
Sign Program for Block B
175 North Palm Canyon Drive
June 26, 2017
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.
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 Springs, its legislative
body, advisory agencies, or administrative officers concerning Case SP 17-002.
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.
Resolution No. 24289
Page 6
PLANNING DEPARTMENT CONDITIONS
PLN 1. Conditions Imposed by City Council. Prior to issuance of any sign permits,
the applicant shall incorporate the following conditions and resubmit three
copies of the revised sign program to the Planning Department:
1. Tenant signage as shown in the elevations.
2. Future tenants shall be required to return to the AAC and Planning
Commission for review. This requirement may be waived and signage
may be approved by staff, if the sign is restricted to no more than 16" in
letter height and meets other criteria of the Downtown Sign Ordinance,
Section 93.20.09(A)(2)(b)(ii).
3. Blade Sign design to return to staff for final review:
a. Size to be six square feet with no restriction on maximum dimensions
b. Bottom of sign to be uniform above the sidewalk — specific height
dimension to be approved by the Director of Planning Services.
4. There shall be no duplication of primary identification signs above
awnings on the east and west elevations. The south and north elevations
may have duplicate signs, if the tenant occupies both spaces that are
framed with the architectural pop-outs.
5. Signs may extend the width of the architectural pop-out as depicted in the
elevations.
6. Cabinet signs are prohibited.
PLN 2. 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 3. Approval shall be valid based on the sign amortization schedule in section
93.20.11 of the Palm Springs Zoning Ordinance.
PLN 4. All signs shall comply with the Uniform Building Code regulations.
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.
END OF CONDITIONS