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HomeMy WebLinkAbout24290 RESOLUTION NO. 24290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ESTABLISHING A SIGN PROGRAM FOR THE ONE (1) AND TWO-STORY MULTI-TENANT BUILDING LOCATED ON BLOCK C OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 111 NORTH PALM CANYON DRIVE. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. DTPS C-15, 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 17-003) for the multi-tenant commercial building located at 111 North Palm Canyon Drive, Zone C-B-D, Block "C" 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 paseo (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 17-003 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 17-003. 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 17-003 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 17-003 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 17-003. Resolution No. 24290 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 one- and two-story structure is located adjacent to the sidewalk and three streets, Palm Canyon Drive, Museum Way and Tahquitz Canyon 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, varying facades 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 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. Further, the accessory blade signs have been restricted to ensure conformance with the zoning code, while remaining effective for the purposes of directing pedestrians' attention to businesses. 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". Resolution No. 24290 Page 3 The sign ordinance encourages adoption of sign programs to provide consistency and ease of permitting for multi-tenant signage. The deviations from the ordinance 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 17-003) with conditions as outlined in attached Exhibit "A." ADOPTED THIS 26th DAY OF JULY, 2017. f David H. Ready, Esq., P . City Manager ATTEST: Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24290 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. 24290 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 Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24290 Page 5 Exhibit A Case No. SP 17-003 Sign Program for Block C 111 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 17-003. 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. 24290 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. East elevation - Sign #6 ("H&M" blade sign) shall be same size as approved blade sign size — six square feet per side. 2. ("Tommy Bahama" wall signs approved as presented; no change necessary per condition no. 11 below). 3. No duplicate (Primary Main) signs allowed for tenants on the same frontage. 4. West elevation - there shall be no duplicate signs on the brick fagade portion of the building (signs #18 and #19 in Master Sign Plan). 5. "H&M" wall signs - sign #23 shall match sign #4 in size. 6. Sign mounting details shall match architecture. 7. Square footage to be consistent with sizes shown except secondary (blade) signs. 8. 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 c. Sign mounting details to match architecture 9. Cabinet signs are prohibited. 10.Signs may be front-lit, back-lit or any other method of lighting deemed appropriate by staff in the Planning Department. 11."Tommy Bahama" permitted three signs as presented in the Sign Plan. 12."Starbucks" channel letter signs shall be mounted below or on top of the awning, but not on the overhang fascia. 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. Resolution No. 24290 Page 7 BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS