The URL can be used to link to this page

Home My WebLink About1/9/2008 - STAFF REPORTS - 2.I. Ao?ALMSAQZ f e u` m k CqtIFORN CITY COUNCIL STAFF REPORT DATE: JANUARY 9, 2007 CONSENT CALENDAR SUBJECT: CASE NO. SP-07-112 — ADOPTION OF RESOLUTION NO. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA OVERTURNING THE PLANNING COMMISSION DECISION AND GRANTING THE APPEAL BY JESSE DANNER (APPLICANT /APPELLANT) FOR CASE NUMBER SP 07-112 / SIGN PROGRAM, WITH CONDITIONS, FOR 373 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15." FROM: David H. Ready, City Manager BY: Planning Department On November 7, 2007, the City Council — by a vote of 3 to 2 (Mills, Oden voting No) — approved a Sign Program for a multi-tenant building located at 373 S. Palm Canyon Drive, and directed staff to prepare a resolution reflecting the decision. The approval was granted subject to conditions which included removal of a portion of the window sign for the tenant "Snip Snip Buzz". The attached draft resolution includes findings and conditions based on the Council's direction. RECOMMENDATION Adopt the attached resolution. 1 <brr�ig'A Swing, CID Thomas J. Wilson Direct r of PI ni g Services Assistant City Manager, Dev't Svcs David H. Ready City Manager Attachment: Draft Resolution mart.. ITEM NO. r i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA OVERTURNING THE PLANNING COMMISSION DECISION AND GRANTING THE APPEAL BY JESSE DANNER (APPLICANT / APPELLANT) FOR CASE NUMBER SP 07-112 / SIGN PROGRAM, WITH CONDITIONS, FOR 373 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15 WHEREAS, Jesse Danner ("Applicant") has filed an application with the City pursuant to Section 93.20.09 of the Sign Ordinance for a sign program establishing individual tenant signage, building identification signage, an accessory sign of 10 square feet, and an "Open Sunday" sign of four and one-half feet for the Orleans Building located at 373 South Palm Canyon Drive (APN 513-203-012), Zone C-B-D, Section 15; and WHEREAS, on September 24, 2007, following notification in the prescribed manner, the Planning Commission conducted a public hearing on Case No. SP 07-112, and following consideration of staff report, related exhibits, and public testimony on the matter, approved the project, subject to conditions, by adopting Resolution No. 7058; and WHEREAS, on September 25, 2007 an appeal was filed with the City Clerk on the decision of the Planning Commission by Jesse Danner; and WHEREAS, on November 7, 2007, a public hearing on the application was held by the City Council in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and the City Council hereby determines the project to be Categorically Exempt as a Class 11 exemption (accessory structures) pursuant to Section 15311(a) of the CEQA Guidelines, and WHEREAS, the Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, staff reports and exhibits, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the California Environmental Quality Act (CEQA), the project is Categorically Exempt from CEQA as a Section 15301 minor alteration to an existing facility. SECTION 2. The City Council finds that applicant's request for additional signage, as allowed by the approval of a sign program, is warranted due to the retail nature of the 0000021 City Council Resolution January 9, 2008 Case SP 07-112 Page 2 of 2 commercial tenants within a commercial area that is defined primarily by professional office uses and higher speed vehicular traffic. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council overturns the decision of the Planning Commission and grants the appeal to approve a sign program for 373 S. Palm Canyon Drive, subject to the conditions contained on the attached Exhibit A, incorporated herein. ADOPTED this gh day of January, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California EXHIBIT "A" Case No. SP 07-112 Sign Program The Orleans Building 373 South Palm Canyon Drive January 9, 2008 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. PROJECT SPECIFIC CONDITIONS 1. This approval is for the sign program for the "Orleans Building" located at 373 South Palm Canyon Drive, as presented except that the neon window sign shall be modified to eliminate that portion of the sign showing "$16" 2. Main awning signage shall conform to Section 93.20.09(A)(2)(a)(ii) of the Palm Springs Zoning Code. 3. Awning signs shall be the same size, type, and color. 4. Awnings shall be cleaned regularly and any tears, rips, or holes shall be repaired. 5. All tenant signage shall be architecturally integrated with the building and surrounding features- 6- Approval shall be valid based on the sign amortization schedule in section 93.20.11 of the Palm Springs Zoning Ordinance. 7. All signs must comply with Planning Commission conditions and Section 93.20.00 of the Palm Springs Zoning Ordinance. 8. All signs shall comply with the Uniform Building Code regulations. Case No- SP 07-112 January 9, 2008 Exhibit"A"—Conditions of Approval Page 2 of 3 9. All exposed neon shall be equipped with a manual dimmer to establish light intensity. 10. All non-approved signage must be removed as part of this approval. ADMINISTRATIVE 11. 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- 12- 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 Sign 07-112- 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 13. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owners sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City- 14, This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the 000005 Case No. SP 07-112 January 9, 2008 Exhibit"A"-Conditions of Approval Page 3 of 3 Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 114% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. GENERAL CONDITIONS/CODE REQUIREMENTS 15. The applicant shall provide all tenants with Conditions of Approval of this project. BUILDING DEPARTMENT 16. Prior to any construction on-site, all appropriate permits must be secured. 0010066