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HomeMy WebLinkAbout11/7/2007 - STAFF REPORTS - 1.C. City of Palm Springs Planning Commission Minutes of October 10, 2007 MISCELLANEOUS: 3. SP 07-112 - An application by Jesse Danner for the implementation of a sign program for "The Orleans Building" located at 373 South Palm Canyon Drive, Zone CBD, Section 15, APN: 513-203-012. (Project Planner, Scott Taschner, Planning Technician). Scott Taschner, Planning Technician, provided background information as outlined in the staff report dated October 10, 2007. Mr. Taschner. noted that the Architectural Advisory Committee reviewed the project and recommended approval with the condition that the two awnings match in color. Commissioner Scott requested a condition be added to include the awnings to be maintained in a clean manner. Vice Chair Hochanadel requested staff address the,.zoning regulations for the neon sign. Staff responded that condition #4 addresses the accessory sign requiring it to be reduced to six square feet. Staff also.;66ted that if the sign would be located more than 3 feet away from the window, it would be exempt from regulation- -Jesse Danner, applicant, provided further details and`7equested approval of the sign program and with the inclusion of an "Open Sunday" sign adjacent to the front door. Chair Marantz stated she felt a precedence would be set for allowance of the additional "Open Sunday" sign and ,noted that the building is very small and cluttered with the existing sign. Chair Marantz,was not.infavor of the neon sign. Commissioner Hutcheson stated he felt in spite of the vacancies in the downtown area,_he,.:felt more flexibility shgyld be given to merchants during this time. Mr. Hutcheson requested an amendment to allow the "Open Sunday" sign. Commissioner.Scott noted there is an existing neon sign displaying "open" and felt if this request is approved it would set a precedence. Commissioner Caffery suggested the allowable 2 square feet "Open Sunday" sign posted on the door and a reduction of the additional wording placed on another sign placed indoors. Commissioner Cohen noted his preference for the 2 square feet "Open Sunday' sign. Commissioner Ringlein stated she felt allowance of the 10 square feet neon sign would set a precedence and create cluttered storefronts. \4WL, �. City of Palm Springs Planning Commission Minutes of October 10, 2007 M/S/C (Caffery/Hutcheson, 3-4/Ringlein, Vice Chair Hochanadel, Chair Marantz, and Scott) To approve, subject to Conditions of Approval-, as amended: "Awnings shall be cleaned and maintained on a regular basis. *Additional "Open Sunday", a maximum of two square feet. *The accessory neon sign shall remain, a maximum of 10 square.feet. *Existing barber pole to remain. MOTION FAILED. M/S/C (Scott/Ringlein, 4-3/Hutcheson/ Vice Chair Hochanadel%- CafFery) To approve, subject to Conditions of Approval, as amended: *Awnings shall be cleaned and maintained on.a regular basis. *Allowance of a two (2) square feet "Open Sunday" sign. *The neon accessory sign shall be reduced to six (Q)-square feet. Mr. Ewing stated the Planning Commission decision-:may be appealed to the City Council within 10 days of written notice.- SnipSnipBuzz 373-B South Palm Canyon Drive Palm Springs, CA 92262 March 13, 2007 Mike McCulloch, Council Member City Of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92252 RE: Our phone conversation. Equitable Sign Ordinance for all businesses within Palm Springs. Dear Mikc McCulloch, Would it be possible for the City Council to review and make positive changes in the sign ordinance? It appears there have been inequitable exceptions made that benefit some but not all. One example would be; Ncon is only allowed for Cabarets, Night Clubs and Restaurants, all other business is excluded. Most would agree that all businesses should have the right to choose neon, not just a few, A reasonable person would agree that to open a Cabaret, Night Club or Restaurant would take a lot more money; then to open a Barbershop. That would put those with less money at a disadvantage of having neon. That would be prejudicial based on_fnancial_means. We all want equal rules andjustice for all. I built and grew the above listed Barbershop for 6 years now. We have branded our store as short clippct cut experts. Our secondary neon sign sets us apart From the rc5t. The sign describes that we specialize in Flat-Tops fit Fade Type Haircuts. We need this sign. It brings in most of our business. If you draw a Onc-Mile Circle on a map around our location you will notice that half of that circle is a mountain which means our client base is cut by 50% everyday. The City wants me to remove any ncon sign. That would reduce our business further. Yct we pay extra to have a Palm Canyon Address. Above City Hall it is written "The People Are The City". I will enclose 300+ signatures from those who support us. Name a number and I'll be happy to get as many signatures as needed. The people support our signs. Exceptions are given often. A Partial List Bclow StarBucks: @ Tahquitz, Signs TWICE the size of its fellow tenants; plus a lighted LOGO sign in window. WalMart Center: Translucent acrylic sign (Bright=New Exception), Lowes, Hard to sec sign (DARK=Old Rulcl. ChopHouse on S. Palm Canyon! TWO extra signs on Indian Avenue. B1ockBuster Centen NEON everywhere. SteinMart Center: Approved for wood signs only. Landlord got rlectjc_sign approved for Owens Travel. Artie B's: Indian @ Tahquitz, SEVEN awning signs. Prudential Real Estate: @ 383 S. Palm Canyon, THREE signs. Main wall sign & Double Sided monument sign. Palm Springs Cyclery: MIJT.TTPT,E Neons close to front window. Home Depot Center: @ Ramon & Gene Autry, Nrw F3xccptinns are_on the wad The City of Palm Springs has made many exceptions to the rules and 1 ask vrnv hi-1 in a datin_ the sin ordinance and to includr secondar�.7 signs, including ncon. I've included a letter from my attorney stating cases he has won against the City of Palm Springs for similar signs. Could you have the City attorney verify if these cases are true? Enclosed please fmd:, (1) Letter from Attorney Robcrt M, Aran (2) California Business & Professions Code Section 5499 (3) 300+ signatures (4) Letter from City Your h • is gr �tl)l appreciated. incerely. _ � � //p 7/zQD ►y es/se Danner (Owner) Cell 760.880.1185 � l'G SnipSnipBuzz 373-B South Palm Canyon Drive Palm Springs, CA 92262 March 13, 2007 David Ready, City Manager City Of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RE: Equitable Sign Ordinance for all businesses within Palm Springs. Dear David Ready, City Council member Mike McCulloch phoned me the other day. We spoke for about 45 minutes. He stated his interest in rc-examining the Sign Ordinance. Correcting inequities and updating the Sign Ordinance in general. He asked me to send him a package with information and to forward a copy to you. He also stated he would like. to stop all Notice-Of-Violations sent out until the Council has a chance to rc-examine the Sign Ordinance and make changes. Council Members Foat & Pougnet have also talked with me recently and supported me. They also would like to update the Sign Ordinance. mnrenlL„ J iLm received an N.O.V. from Craig A. Fwinp- No Fine at this time. II you would rnrnlion to him the current status of Thrcr. Council mcrnbcrs helping me 1 would appreciate it. Your help is greatly appreciated. Si crely. Jess, r) Cell 760.880.1185 CITY OF PALM SPRINGS 5, 0 7 O W 6 A Administrative Citation IV N 2 / DATE DAY OF WEEE.rK-r TIME CC&dA LOCATION FVl µON: ON Dr, f I�Business Owner ❑ Property Owner ❑Tenant ❑ Other NAME(First,Middle,Last): DL or ID ADDRESS u11 oCITYru 9azla STATE zZIP S You are being issued an Administrative Citation for the following Code prmision(s). Count PSMC Description U1a4Ti61V 2. 3. COMPLIANCE ORDER Ycnut Dar�oDr grad to correct or otherwise remed this/these violotlon by `i I MAP I q, ❑ You are further ordered to pay an Administrative Fine as prescribed in the schedule below for each count listod above. Payment must be paid in full by the compliance date to avoid additional penalties The total CITATION PENALTY due is$ ADMINISTRATIVE FINE SCHEDULE Pro-Citation Courtosy Notice NO FI If the violation Is not corrected by the specified coin eve, an Administrative Citatlon will be issued which imposes a$100 00 fine. O First Citation in a 12•Month Period $100.00 per count Failure to coffact the violation and pay the Administrative Fine wlthln 10- days will result in an additional$250.00 penalty. ❑ Second Citation in a 12-Month Period S250.00 par count SECOND ATTEMPT TO OBTAIN COMPLIANCE. Failure to comact The violation end pay ALL Administrative Fines within 10-days vnll result in an additional$500.00 penalty. ❑ Third Citation In a 12-Month Period $500.011 per count FINAL ATTEMPT TO OBTAIN COMPLIANCE — FAILURE TO COMPLY MAY RESULT IN PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS—ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY, IVAD) Dr e x)���' tSLD4r S'�FC7� 3-7-�7 Name Td Da t.of Issuing EnforcemenLOfficer Dale of Service �d le z� pD�^ Type of Service Sig nature ❑ Personal kMail SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION WHITE;Property OwnorlResidenl•YELLOW,Procosamg•PINK File California Business and Professions Code Section 5499 Regardless of any other provision of this chapter or other law, no city or county shall require the removal of any on-premises advertising display on the basis of its height or size by requiring conformance with any ordinance or regulation introduced or adopted on or after March 12, 1983, if special topographic circumstances would result in a material impairment of visibility of the display or the owner's or user's ability to adequately and effectively continue to communicate with the public through the use of the display. Under these circumstances, the owner or user may maintain the advertising display at the business premises and at a location necessary for continued public visibility at the height or size at which the display was previously erected and, in doing so, the owner or user is in conformance. . r IDCity of Palm Springs Deparcmeot of Planning Services 3200 H15[Thliqulc2 Canyon Way • Palm Springs,California 92262 Tel:(760) 323-8245 • Pax: (760)322-8360 • Wcb:www.ci.palm-sprfngs.ca.us February 20, 2007 Jesse Danner, Owner SnipSnipBuzz 373-B South Palm Canyon Drive Palm Springs, CA 92262 RE: Neon Window Sign —373-B S. Palm Canyon Drive Dear Mr. Danner, As you requested, I have reviewed the Palm Springs Zoning Code to identify any options available to you for gaining approval of the neon window sign in your storefront_ Please note that your property is located in the C-B-D (Central Business District) zone, and is therefore governed by special rules developed for the City's downtown area. Please note that "exposed" neon signs — where the neon tubing is directly visible — is permitted only as a main sign for restaurants or as a customer convenience sign. Each of these is defined in the Zoning Code. At "SnipSnipBuzz", the awning sign is your main sign. Customer convenience signs are limited to 1 to 2 square feet to show hours of operation and the like. Your neon sign does not appear to fit either of these allowed sign types and is therefore not allowed. I believe you have two options for seeking relief from these limitations. First, you could apply for a variance to the sign provisions, but I believe that the test for granting the variance would be difficult to meet, as follows: The provisions of Section 94.06.00 shall apply. In addition to the findings required therein, the planning commission may grant a sign variance based on the findings 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; that 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; and that the approved signage is compatible with the surrounding property and not contrary to the purpose of the sign ordinance, In short, your street front orientation makes it difficult to argue that your business does not have adequate visibility to justify allowing additional signs. Pncr nffire lynx 7742, 0 Palm Snrinac C lifnrnin �77��-77li3 "SnipSnip6uzz"Neon Sign 2/20/07 373-8 South Palm Canyon Drive Page 2 of 2 A second option is to apply for a multi-tenant sign program that would set the rules for a building with more than one business. Sign programs may deviate from the rules of the sign ordinance, Since they are reviewed and approved by the Planning Commission, you may seek the Commission's approval of your additional neon sign. If you wished to apply for approval of a sign program, you should contact your landlord and seek his or her support, All tenants of the building will be subject to the approved sign program. Those are the options that I believe are available to you_ If you have any further questions, feel free to give me a call. By this letter, I am requesting that Code Enforcement allow you two weeks from the date of this letter to either submit your request on one of the above options or remove the existing neon sign (no later than March 6, 2007). 4Thank , ing, AI Plan n Services cc: City Council David Ready, City Manager Tom Wilson, Assistant City Manager, Development Services Don Duckworth, Director of Building & Safety (Code Enforcement) Quotes Doug Evans (City Official): Jesse asked Doug. How about the posters at Big 5 Sporting Goods, McDonalds Hamburgers, the lighted signs at Goodyear Tire etc, etc? Doug responded. It's really hard to control the corporations. And then Doug goes into a long-winded speech about it. Jesse asked Doug. Do you ever go buy Plaza Motors Cadillac Dealer;they have sidewalk sandwich board signs as tall as my shoulders& 3-4 feet wide? The signs have been there for years. Doug responded. Well a, they're moving. Jesse said. Gee Doug. I', moving in 20 _30 years too, so why don't you exempt my signs like you have Plaza Motors. Doug said. I've seen the complaint, you can have the chairs and the poster, but you have to move the neon sign back 3 feet 1 inch. Mike Lehman (Customer): Mike Lehman said. I was there the la day the City Official showed up. (Nadine T. Fieger) She said I was across the street& saw your sign&wanted to inform you of the sign ordinance. Jesse responded. Doug Evans from the City told me there was a complaint. Someone must be lying. Jim Jones (Council Member): Jim Jones stated. It is apparent to me after looking at your list and photos that the rules are not applied equally across the board. Jesse responded. I call that selective enforcement Jim. Jim Jones. Smiled. Jesse asks. How about Plaza Motors, Goodyear Tires (2 lighted signs in window), Big Five etc, etc? Jim Jones. Probably the reason we don't go after Corporations is because we know that they will sue us(The City Of Palm Springs). Jesse responds. So the City beats-up the little guy. Jim Jones. Smiles . ''+di�,d.6,�`mY. 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VIA CERTIFIED MAIL 'NOV 02 29F RETURN RECEIPT REQUESTED and FIRST CLASS MAIL Jesse Danner Jesse Danner ( � -Z_ SnipSnipBuzz.com P.O.Box 76 373-B South Palm Canyon Drive Palm Springs, CA 92263 Palm Springs, CA 92262 > -� c+ __1z1 Re: Criminal Violation of the Palm Springs Municipal Code 373-B South Palm Canyon Drive, Palm Springs, CA rQ >m M M m Dear Mr. Danner: Q This office represents the City of Palm Springs as its City Attorney and in that capacity ist authorized to prosecute the above violation. We understand that you have failed to comply with the requests in City correspondence that the existing neon sign reading "FLAT TOPS FADES $10" appearing in the window of the above-referenced property must be at least three feet back from the window front, as required by section 9320, et seq. of the Palm Springs Zoning Ordinance (any violation of the Palm Springs Zoning Ordinance is a violation of section 11.72.080 of the Palm Springs Municipal Code). You have also failed to comply with the Cityls requests that you comply with Palm Springs Zoning Ordinance section 9320.09 by removing the poster board sign from the display window which reads "8S Haircuts ..." This sign exceeds the maximum dimensions under section 9320.09. We are also in receipt of your letter dated January 5, 2001 in which you state "because of a topographical condition existing at my location, ... my ability to adequately, noticeably and effectively continue to communicate with my existing customer base or potential new customers within the meaning of California Business and Professions Code section 5499 would be hindered." To rely on any variance from a city code requirements, however, you must first obtain a Variance Permit from the City. On the variance permit application, you would be required to adequately describe the "topographical conditions" which make California Business and Professions Code section 5499 applicable to your situation. 27 66=14094.0009 157771.D1 o2m mt rUTAN &TUCKERS .no.x rs nr iww Jesse Danner Jesse Danner February 6, 2001 Page 2 The City requests that you bring the above-referenced property into compliance with the Palm Springs Municipal Code. Violations of the Palm Springs Municipal Code are not to be taken lightly. Any violation of the Palm Springs Municipal Code constitutes a public nuisance under the Palm Springs Municipal Code (P.S.M.C., § 11.72.080), and any person who creates, causes or otherwise maintains such a nuisance is guilty of a misdemeanor, punishable by imprisonment of not more than six months_in jail and a_fine of not more than one thousand dollars or r both: (P.S.M.C., § 11.72.275). Each additional day that you permit each violation to continue constitutes a agparate offense punishable in the manner indicated above. (P.S.M.C., §1.01.150). These offense could also subject you to a civil action in which an injunction and/or related civil penalties may be imposed against you for your continued violation of the above-referenced code sections. Furthermore, you may also be subject to liability for the payment of costs which the Citx incurs in attempting.to obtain your compliance with the above-referenced code section. In order to avoid criminal prosecution, you must take the following corrective actions by February 23,2001: 1. Obtain a Variance Permit for the neon sign in its current conditions, or remove the neon sign, OR IN THE ALTERNATIVE, move the neon sign at least three (3) feet behind the window; 2. Remove the poster board sign or convert it to a size that complies with the Palm Springs Zoning Ordinance, OR IN THE ALTERNATIVE, move the poster board sign at least three (3) feet behind the window. If you refuse to so comply, we will be forced to institute criminal proceedings against you. Please do not force us to take such action. We look forward to and expect your complete cooperation in this matter. Should you have any questions regarding this letter or should you wish to discuss this matter, please contact Nadine Fieger at the City of Palm Springs during regular business hours at (760) 323-8245, or Dennis Nakata of this office at (714) 641-5100 x1258. RUTAN&TUCKER, LLP Frei Galante[ ) cc: D. Evans, Director of Planning&Building N. Fieger, Community Preservation Officer 28 668lOIAO8A.0009 1 RECEIVED CITY Of PP..L'i SPRIHIG5 Robert M. Aran ZO�T Kilt' -2 PH 2 5 f A Professional Law Corporation 24350-26 North Whispering Ridge Way ;A I-}E S T h 0 is P S'J f 1 Scottsdale,Arizona 85255 CITY C L E Pi X Tel:480 585_2894,Fs ;480 555-2807 Tel:$18 9951663 1� February 14,2001 Mr. Fred Galante Esq. City Attorney City of Palm Springs Rutan& Tucker,Attorneys At Law 611 Anton Boulevard---Fourteenth Floor PO Box. 1950 Costa Mesa,California 92626-1950 Re: Claim of Violation PSMC@ 373-B South Palm Canyon Dr.,Palm Springs, CA. Dear Mr. Galante: This office will serve as counsel for Jesse Danner the owner of the business located at 373-B South Palm Canyon Dr.,Palm Springs commonly know as SNIP SNT BUZZ.Com in connection with your demands of February 6, 2001. I don't wish to make a mountain out of your mole hill,but it seems to me that the city's demands upon Mr. Danner are entirely unreasonable, unwarranted and not legally supportable regardless of the claimed applicable provisions of the city's code. First of all, so you know where I am coming from, I am California statewide counsel to the Sign Users Council of California and California Electric Sign Association. I have authored Chapter 2.5 of the California Business & Professions Code dealing with protection for on-premise business signs, and carried that work though the state legislature. That includes B&P Code Section 5499. More importantly,however, I have represented business enterprises in Pahn Springs and throughout Coachella Valley in connection with your sign ordinance and other such ordinances in the area. Many years ago in Carlin dba Hotel 650 v„City-of Palm Springy I acted as counsel in its companion case,Discount Duds vs City of Palm Springs where the owner of a small ladies wear store maintained poster board signs inside her windows about 1 foot from the front window glass viewable on Indian Avenue. 29 Those signs offered for sale, swim suits and wigs, at a discount with the discounted prices clearly viewable from the street. Though the city made the same demands based on the same code sections, (including a claim of maintaining a public nuisance) as you now do with Mr. Danner,the Superior and Appellate Courts ruled the applicable sections unconstitutional and enjoined their enforcement with respect to my client and Hotel 650. Several years later your city made the same demands upon the owners of Carlo's Italian Deli on Indian Avenue for removal of a submarine sandwich painting on a board hanging less thanl foot from its front windowpane and viewable from Indian Avenue. Your council held what it called a"fair hearing"and ruled a public nuisance existed. We filed suit in the Indio Superior Court where the court quickly and clearly held those same sections unconstitutional,and enjoined enforcement against my clients, (That board still hangs in that window). The city did not appeal_ Now you have decided to make waves again against another small business in your community. We note that larger businesses have thus far been spared the city's wrath of claimed public nuisance caused by signage. We ask that you reconsider your position immediately. Whether it matters to you or not, if you persist we will take you right to the mat with this, and because the city already knows these sections cannot be constitutionally supported we will seek and obtain an attorney fee award of substantial nature, and perhaps assert a Title 42 Sect 1983 claim for governmental discrimination,and violation of civil rights. Regardless of all of the above, your suggestion resulting from Mr. Danner's claim for protection under B &P Sect 5499,that he file for a variance from city code requirements, and presumptively pay a relatively high price to do so,without assurance of grant, is also unwarranted. Sect. 5499 does not require an application for variance for its effectiveness. It specifically deems conforming any sign which exists in use which if removed will leave the owner in a posture upon conformance unable to continue to communicate with the public in an adequate, effective and noticeable manner consistent with the statute terns relating to topographical disadvantage. Instead of a variance I would urge my client simply demonstrate to you his loss of viewability and continued opportunity to adequately, effectively, and noticeably communicate to his customer and potential customer base upon conformance. We would ask you to recognize the parameter of review set forth by the courts in 30 Deany's Inc. vs City of Agoura Hills (1997), and if you find(reasonably)that to comply with the city's demands leaves Mr. Danner unable to meet the continued ability test due to topographical circumstances that you back off from your demands and leave him alone. Of course we do not waive the impact of earlier court action referred to above, nor Mr. Danner's right to litigate on all issues, if necessary. Lastly,you have suggested that the on-premise widow sign(i_e. 8$Haircuts) exceeds.maximum dimensions under Section. 9320.09. You do not advise what sign size would be permissible. Of course Sect. 5499 has application to height and size regulation and therefore that.sign would be protected. However, if you will inform us what size is acceptable, I will speak with my client to see if the size can be reduced to:meet that section regardless of 5499, and still be noticeable. I request you withhold all effort at further enforcement against Mr. Danner until you have the opportunity to digest the content of this letter and/or have further communication with me accordingly. I will be at the American Bar Association conference in San Diego for the balance of this week, but can be reached as of next Monday. Thank you for your consideration. Very truly yours, Robert M. Aran Cc: Jessie Danner 31 SECTION 9320.00 SIGNS Sections: 9320.01 - Short Title CITY OF Pl;LH SPP,INGS 9320.02 - Purpose 9320.03 - Definitions 2001 KOV —2 PM 2= 51 9320.04 - Prohibited Signs S��� � 9320.05 - Permitted Signs - Commercial & Inddi�t 4 C' 'SON 9320.06 - Permitted Signs - Residential business 9320.07 - Permitted Signs - Real Estate 9320.08 - Permitted Signs - Temporary 9320.09 - Permitted Signs - Downtown/Uptownf(" ���Ii!, 9302.10 - General Provisions 9320.11 - Abatement MOV '02 yai1W11 SECTION 9320.01 SHORT TITLEYNCA This Section may be referred to as the Sign Ordinance of the City of Palm Springs. SPo � — IIZ SECTION 9320.02 PURPOSE Recognizing that Palm Springs is one of the country's foremost desert resorts, the City Council finds that proper sign control is necessary to maintain the high aesthetic values which both residents and visitors to the City have come to expect. Signs shall complement the architecture of the building on which it is placed and/or the immediate surroundings, including such elements as size, color, location, graphic presentation, landscaping, lighting and construction material. A sign ordinance provides equitable standards for all businesses to identify the location of goo and services. Main identification sign(s) shall be allowed in conjunction wit accessory convenience signs as necessary. Therefore, the purpose of this Sign Ordinance is to provide standards to safeguard life, health, property and the public welfare and to provide the means for adequate identification of businesses and other sign users by regulating and controlling the design, location, and maintenance of all signs in the City. SECTION 9320.03 DEFINITIONS The fallowing definitions shall apply to this Section unless another meaning is clearly apparent from the context. Definitions in Section 9200.09 of the Palm Springs Zoning Ordinance shall also apply. 1. Abandoned Sign - A sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed. 2. Abatement - Elimination and removal of any sign in violation of the Palm Springs Sign Ordinance. 3. Affixed To be attached in any manner, including, but not limited to, adhesive substances or suction, or to be touching in any way, especially leaning against. 4. Amortization - As pertaining to the Palm Springs Sign Ordinance, amortization shall be the gradual extinction of non-conforming signs. 32 Sign Ord, 1538, 10/2/96 9320,00 Fwd : I Agree? From: Herbjeffries (herbjeffriesl@mac.com) You may not know this sender. Mark as safe I Mark as unsafe Sent:Sun 10/28/07 12: 11 PM To: Jesse Danner (jd92262@hotmail.com) Sent from my iPhone Begin forwarded message: From: Herbjeffries <herbjeffriesl@mac.com W WED) Date: October 26, 2007 7: 54, 22 PM PDT N& 02 None To: Jesse Danner <jd2262@hotmail.com > RN MI , ATW Subject: I Agree 5 p o 7 - c ► z Dear Jesse, I agree that you have a right to advertise your business with a neon sign in the window of your shop, as I see it, there is no risk of injury to anyone where it is placed. I admire you for fighting for all merchants. Singcerely, Herb Jeffries Sent from my iPhone 33 • . , Shi�5nl��u�,c�m Petition To Keep Neon & Poster Signs A ains4 ED And Waiting Chairs In Front Of State: OF P .Lm SPRINGS The City of Palm Springs has declared that the above mentioned it r a f u#�iq�,q*sance- The City wants the signs set-back (3 feet I inch) from glass & the outside chairs removed We the below signed disagree and feel the City is using Selective En '%&07 is store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs- Print Name Signature Mail Address sp o7_ 7m e5 E. �f So.S M�a� �(` v 1-c/D �0 ��► � 1�oz6 CSc�n i o 4VJ4-44 7/4 AV9_ 3`/Ul� 1211-7/Z10N /EO/17/-) off mD29 j� t , 6EM41 DEMURfl 6 l &A-11uti0 055 N• AV&),da Cabailera5 Pa1hl SPrir�g5 CA 72z6z a ►m ez, J a rP� ► 5X1 Iti l� s 9� ac 12y� 14�ID L i4kr� cA Aq,s � E Sfel-lys SHPSripFL=xorr Petition To Keep Neon & Poster Signs A ainst Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance, The City wants the signs set-back 3 feet 1 inch from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address 77 0'A Cos f ] 26611 6� -490 CA 9226 y t'Jk , z' BtYE . P, 0.3ou -�5091 fa-oM S C-. `� zz ( 3 13-A l�r cc vt e V�v� S fi_S 0A �y� s. P61cy� GH�vyav +7&' <(21 r4l f. SnipSr.i��t�.��m Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back (3 feet 1 inch) from glass & the outside chairs removed We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs- Print Name Signature Mail Address Nil lion-e l l0 2_-6 . 11. `� C-XK\ I),- e lei 77 nDr- yyy� � Jiti Vwtie- �' 'V14At �j I} a C Qaa� v Cb s Gl s4�r Gysu yS c,4 2.7- 62- 07 beJ5- 11W77-, � I x , IMS Or 'P6/"l s/,,'nys, �hlr�ri��uzz.r�rr Petition To Keep Neon & Poster Signs Againsf Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back (3 feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address ,n a n eQ- 6) C4. �'© sn7 �C- 0'' al 5�`� `�. �unr �C WC /�GTtiQ.� pr ��vT �6>rJC9 Sra�C"�r[c /U:rc "'Y i Cut- sl�o Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance- The City wants the signs set-back (3 feet .1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address t tf6 5 3 �x• 6 M�f o`ram- °A-U-e- tCprv- 411L�, 77 7oq > 36c3s- / / cr /3i3 <a,� F1o:N[rz C- 001� a1 r F'S f4 r?z 7- 1\ o7l/vro/` onyx-a�ir, f� �1�,-�cS ..o�-.. — G� �"Vw3 0 W 1 l.- Spa �} � D y o v C¢ S A, �c C-� p T . to, S., 7S [Z a NIJ 0 c� Sni�Snip���.��m Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the sins set-back Q feet I inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address l\A-A V-0 N fJ t' tJ c r a_ c -a-)0 �S . � r�n.r1` 911` 1'1lu•� ;� > > -1.... �f�/}�� !vgf�J�,'��cLq. Cc���.ti� � 1. AS�/Z� //2 ka;; Vaal LL7 Gl PEA S 9� Sni�Snip��,r�m Petition To Keep Neon & Poster Signs AA alnst Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-hack Q feet 1 inch from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address JDSY�c�ct �J2�0. /vz ;q ,halms 80 se ,�►'�q �. Jrnj-�I �j� �1 2�'ryZl/E`� ��r f'a�rns G(S�1'1C �se AAWIJ Ism r siz Z( `ialMS uSrvlc1 -3)t5p Ave., A . J �11 �ti1 n� S�rl n 5 C Caw<< wc V Sn'tpSnir�u�rrom Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Patin Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs setback(3 feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address .-,6 �"�7 A d , Qi N 7N N, ru c^v OMIA oA) Z 5v S�a vccrti [(� a�✓ / n-o -�f ��� 3�U�o Aug C' C 9a z r T c7 2z ' Sni�Srii��uzz,r�rn Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the si,2ns set-back (3 feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address C 1p 3 c7 JV PS Arr�tu�de G. �1 �r (ll5r Gvy IDS, �axc -zG7i c� e ve � ied)3rVD 60;&IA16 l� 7 f S _ I 7C1 �1 J a r 411 CA-a& PcL N&i SF1Li��S Si g?'o 'Z- {i ! U r Idd.h 4 Snil'Sn'tp��zz.ram Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back (3 feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print N me Signatur,e Mail Address �;L7 Y //7� // moo. /�, z�5� CA����� l ut" �a 7`z-,c.dr aA) -43 ic6r ✓1n� I �c/� Cic�. Po so X y If y 8` SfcN� 110fA, CA. ySYaL' 3Zz� A iTerc OILL E ��/ SniPSHPFt z="Corr Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back (3 feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address r</N / g 7// /y 9 � ,,�, .-�Prt�V� �,21►� S �Z�� z---- �M1r (�77VP 17, y C// 3,7y JC<n12190 Q JA "76 :f" / 20 Mec 4c' /d l L( 130 oE�! (N �a S E ,Yir1[ Lr� w P. S. 9aa6 SnipSnip��z,rUrr Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the sus set-back (3 feet 1 inch) from glass & the outside chairs removed We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address 1 CJ oV 5 7 3 >,S _ CA , S UL4 5 623 PS 69 L41 o2y1-1 Er-,f N�,jqf( ft\6r4-e Clvc ;4e� e 6AL (r7q,),6hA caa SSV J:E . l/f57A CtF(Aoc-) 7y" z7 MI � � i e' 4-7Tr-.4.S 4 ( 7,5--SaS4- 16✓L c-C C/q- 42 z Sn�pSr.i� =.rUm Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance, The City wants the signs set-back 3 feet I inch from glass & the outside chairs removed We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address /'ew ea IU l LSa T-' X—A�L�c �^ 1 >-4) Y /4tv,, e o rLrY x fJA gamy J f 4S SnipSnip��.zz.ram Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back Q feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective En orcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address ys c� L- r-'z c> N ?,rn � 0 2 Ja ��, ; S WV- cc-4'-k�N U SC4 01-74ti LtS 74, Z 1Ca� 1 C� S IZS� �L C.-z- _ `L-1raZ Deo Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the sins set-back Q feet 1 inchf from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address .� _ t i c'L-t o Ofqz—L-�- f&aL-PwJ C-Y) ,aa-c,y s `� a 2 6, s e C.J P Lu '&A G+itTz-Nl li- �'Ft77�'f�ll �.n-� per(`(te C• 9'Y 25 // ,z g' � . C.11� C`,iG,LiA �5a Sc�� Lis/•+ 5Ci-f��� i3 � ��nada� U�v���� Ueu, �. c, SripsnipFU=^rr Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the sins set-back Q feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address C 7 • LtJ �J�7�s�1 L� ' � �?Sv � CS . i Z C, v � Jo rY1 A6toA NJ o loo s - Sv ,v 2is14— ways/i; Sni�Snip�u�.r�m Petition To Keep Neon & Poster Signs Against And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the suns set-hack Q feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name S�Ignature Mail Address 27 \ s GA �-6 u s ga2� � W�TTrS , 11�12oL� t630 S ' W4 ak(fiA If-2c 1 (1 PAwn �10(21t-kS Ce9 g226c1 II� Sur�rl�l`�u�s 1?� . Z 50 r Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-hack_Q feet I inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address -32- 'Lop CpAktct'A� C/, ' 'or- lC� 5- 7 Sr S- rD AECa.S 1=�Mi� W�1� Z3C� S. S K Vi EVU PT J. VL- Y-�)4U- )'J4 L R SnipSni� t:corr Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back Q feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs- Print Name Signature Mail Address �!�`f��Sra-�- I S� n i�'e �ivyk�-�`" /��,. � - � L� • �] 7_'-6'f' 61_� y CLOCL t 6azcy A/. G,4A/hc I�e1 L f ��ti1 -Yl'Hh6$ CX bAN &U- ,( , 6A7HFJPj- C17y CA 99;US $Tet7 SM C 54-- V c) Ve V-Y S'�,� �hJae �b�izl� 22 Q s 17-A 47f_ll.,5� JVWJn/kD 5'7•c'P�l_� j�ydK.� �IV� V '- /iJ.t�{ CAMRMO PR.Id'ID� .Sr9P4� (-L� SI{•�pP�N �,^ ��Cyr� -U�c'..i�C'.�r �22G0 N Ri3 J �FI�I E5 I 14-''8 lawn 4x CCATEk) u/ h�9z �FMLM DESfl;7:eA- Sni�Snip��z.r�m Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back Q feet 1 inch) from glass & the outside chairs removed We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address Sus w . VI5-rn chIN6 Ln^ SprwrF V/ id y2Z 67 ZSJ�o- CAI q �kg �• ti p-`� �oz rilt(r .Cprt+'tpL[ eI}C� 1 < (7n] r\'� � CA gt2261. C`� rd�d vier 5.77U Z)( M'TS LAC r- 7; U- C ✓ �S nj`z rl..�+ 1 1 o Lek& w. 1�1-L 7 -3 Cl A-�( Mod �SQ�,�s �-, �lzr�•z SnipsnipF, V=xom Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back (3 feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective En(orcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address W/Z- �rnl;v� ci~I e c� ca,�C�s S CI 0. 14, S, cam- q -z z--e� ja an /G'� for /n&vFtf 8UJ6111 ILOW V a (w J 1 (d- qz1 �L LO &A C,4 Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back(3 feet 1 inch) from glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address 6z� g • i � � 2 4A N4s cqc. ' S G VS CO �phFr��`ITIc�tP✓��ry / / � 33 S. 1—teX? ti2 �L D W'IL, L- 1 es►r���.�.alUcrk - �a�c 1s�11 C:,A_L_SgA gaa3S �eul� 11Pd 1'� A�am �� P.-C ti y SnipSni���,r�m Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the sus set-hack (3 Feet 1 inch) from glass & the outside chairs removed We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address .r'1'IKIE 2Otve,, v fl',� mow— (� 4Tid��V1 / /GJJ S✓•l/r6t) wrn-- c ✓VA� 7 o� J 61APPt xQ �l►x6 Yl'I b � Dfa L P•S . �.. �aa� l� �hLd Shore -79 War Pna C 41J PL /f t �Lf D V w- r f�✓ �.' r d S S G� ���6 5rip5ni� U=xotr Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back (3 feet 1 inch from. glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address le 5r ,r� �ivr Sfc we s r/44 2 z(SE S -� CA�Ld,r.t Cd C11 01223 'J vyj �f t erlr ,CoTPPt r� 37S S L- ),S I S57V tj jh �Ef Vta i a CIle 9Z /7NAEKS'o� arf GtJ . rQcliTe . 4� .P��C JN i C-k Z7 L2oa3 �� �o 'C�r[J -7.2; a Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance, The City wants the signs set-back(3 feet 1 inch) from, glass & the outside chairs removed. We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address LC 1. no - t l Sn�pSnip��.�zz.r�m Petition To Keep Neon & Poster Signs Against Glass And Waiting Chairs In Front Of Store. The City of Palm Springs has declared that the above mentioned items are a Public Nuisance. The City wants the signs set-back (3 feet 1 inch) from glass & the outside chairs removed We the below signed disagree and feel the City is using Selective Enforcement against this store, that all signs and chairs should remain as they are and the current sign code be changed to include these types of signs. Print Name Signature Mail Address , � � S C. CITY COUNCIL STAFF REPORT DATE: NOVERMBER 7, 2007 PUBLIC HEARING SUBJECT: APPEAL OF DECISION BY THE PLANNING COMMISSION TO APPROVE CASE NO, SP 07-112, A SIGN PROGRAM ESTABLISHING INDIVIDUAL TENANT SIGNAGE, BUILDING IDENTIFICATION SIGNAGE, AN ACCESSORY SIGN, AND AN OPEN SUNDAY SIGN, SUBJECT TO CONDITIONS OF APPROVAL. THE APPLICANT IS REQUESTING APPROVAL AS SUBMITTED, WHICH INCLUDES AN ACCESSORY SIGN WHICH EXCEEDS THE ALLOWABLE SIZE, AND AN OPEN SIGN WHICH EXCEEDS THE ALLOWABLE SIZE, FOR THE PROPERTY LOCATED AT 373 N. PALM CANYON DRIVE, ZONE "CBD", SECTION 15. FROM: David H. Ready, City Manager BY: Planning Department RECOMMENDATION: 1. Open the public hearing and receive public testimony. Close the public testimony portion of the hearing. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CASE NUMBER SP 07-112; SIGN PROGRAM, WITH ATTACHED CONDITIONS TO REDUCE THE SIZES OF THE NEON AND WINDOW SIGNS FOR THE BUSINESSES LOCATED AT 373 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15." STAFF ANALYSIS: On September 24, 2007, the Planning Commission reviewed and approved Case No. SP 07-112, by a vote of 4-3 (Cohen, Marantz, Ringlein, Scott, in favor of; Caffery, Hochanadel, Hutcheson, opposed) subject to conditions of approval. The applicant is appealing the Planning Commission's decision, to approve the Sign Program as submitted, for the property located at 373 S. Palm Canyon Drive. The approval of the Planning Commission included two conditions that the applicant is appealing. Condition #6 states that the neon accessories sign shall be reduced to six (6) square feet. A ITEM NO. City Council Staff Report November 7, 2007 Appeal of Planning Commission Decision—Appellant Jesse Danner The Orleans Building/Snip Snip Buzz—373 South Palm Canyon Drive Page 2 of 3 Condition #7 states that an additional "Open Sunday" sign is approved with a maximum of two (2) square feet in size. The applicant's proposal includes a non-conforming neon accessory sign of ten (10) square feet, and a non-conforming "Open Sunday" sign of four and one-half (4 '/z) square feet. Pursuant to Section 93.20.09 of the PSZC, a sign program that deviates from the PSZC requires that three findings be made. Staff has reviewed these requirements and determined that the required findings cannot be made to allow the deviations requested by the applicant. The required findings are as follows: 1) 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. 2) The approved program 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 program. 3) The approved program is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. In his letter of appeal dated October 12, 2007, the appellant, Mr. Jesse Danner, on behalf of the property owner, is asking the City Council to approve the proposed sign program application as submitted with a 10 square foot neon sign and a 4 '/x square foot "Open Sunday" window sign for Mr. Danner's haircutting business. No specific reasons have been provided in the appeal letter for the additional sign area. Staff believes that the Planning Commission provided a reasonable compromise solution by allowing 6 square feet for the neon sign (instead of 10) and 2 square feet for the "Open Sunday" sign (instead of 4'%). Therefore, staff recommends that the City Council uphold the Planning Commission's decision and reject the appeal. FISCAL IMPACT: No fiscal impact. ra' wing, P Thomas J_ Wilsorl�/ Direc or of PlanhVg Services Assistant City Manager, Dev't Svcs f David H. Ready City Manager 2 City Council Staff Report November 7, 2007 Appeal of Planning Commission Decision—Appellant Jesse Danner The Orleans Building/Snip Snip Buzz-373 south Palm Canyon Drive Page 3 of 3 Attachment 1. Draft Resolution 3, Planning Commission Staff Report dated September 24, 2007, w/ exhibits. 4. letter of Appeal from Mr. Jesse Danner 3 City Council Resolution November 7, 2007 Case SP 07-112 Page 2 of 4 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council determines that the proposed project can not meet the required findings, to allow for the deviations requested, as contained in Section 93.20.09 of the Zoning Code based on the following facts: 1) 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. 2) The approved program 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 program. 3) The approved program is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. The sign ordinance encourages adoption of sign programs to provide consistency and ease of permitting for tenant signage. The deviations from the ordinance are for the purpose of providing adequate identification for the building and businesses located therein; therefore, the proposed sign program is 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". SECTION 2. Based upon the foregoing, the City Council rejects the appeal and upholds the Planning Commission decision to approve the sign program allowing 6 square feet for the neon sign and 2 square feet for the "Open Sunday" window sign for Mr. banner's haircutting business as referenced in Planning Commission Resolution No. 7058. 4 D� PAtn 9 A� � 2 U k # Fq a !y Planning Commission Staff Re ort Date: October 10, 2007 Case No.: SP 07-112 Type: Sign Program Applicant: Jesse Danner Location: 373 S. Palm Canyon Dr. APN: 513-203-012 General Plan: CBD (Central Business District) Zone: CBD (Central Business District) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Scott Taschner, Planning Technician PROJECT DESCRIPTION: The proposed project is to establish a sign program for "The Orleans Building" located at 373 South Palm Canyon Drive. The proposed sign program proposes one sign for building identification, two main signs (one for each tenant), and an accessory sign which exceeds size limitations set forth by the Palm Springs Zoning Code (PSZC). All other types of signage will conform to the PSZC. RECOMMENDATION: That the Planning Commission approve Case No. SP 07-112 to allow a sign program for "The Orleans Building" located at 373 South Palm Canyon Drive subject to the attached conditions of approval. PRIOR ACTIONS: On September 24, 2007 the project was reviewed by the Architectural Advisory Committee (AAC) and by a vote of 6-0 the AAC recommended approval of the 5 1 i Orlacns E�nldm. .":,i�;ii Fr: _� „i t)ctca!�r;� iLi. 70Gr project to the Planning Commission. The AAC recommended approval with the condition that the awnings match in color. Staff is recommending condition ##3, stating that awning signs shall be the same size, type, and color. BACKGROUND: The subject property is bounded by commercial uses to the North, East, and South, and residential uses to the West. Surrounding Land uses, Zoning, and General Plan designations are detailed below: Land Use zone General Plan North Commercial CBD CBD South Commercial CBD CBD East Commercial CBD CBD West Commercial R-3 H43/21 ANALYSIS: The Palm Springs Zoning Code (PSZC), Section 93.20.09, requires sign programs for multi-tenant commercial buildings. The ordinance allows programs to vary from the requirements of the sign ordinance if certain findings are made by the Planning Commission. The sign program proposes the following different types of signs: 1. Building identification sign a. Building Identification sign (1)_ 2. Main tenant signs a. Standards for individual tenant signage (2 tenant spaces)- 4- Accessory signage a. Standards for service signage (1). The table below briefly describes the above-mentioned proposed signage and consistency with the PSZC: Signage Type Quantity Size Allowed by Consistent w/ PSZC (Quantity PSZC & Size Complex / 1 4 sq. ft. 1 no more than Yes Business 20 sq. ft. Identification Main Tenant 1 /tenant 10 sq. ft. 20% of the area Yes (max.) of the total (18% of total awning area with awing area) a maximum area equal to one sq. ft. per linear foot of the awing. Accessory 1 10 sq. ft. 6 sq. ft. maximum No 6 t Orleans 6 j0,r)n Sian r a'.r Ortnbe' 1fl Ca .a o COMPLEX IDENTIFICATION SIGN SIZE AND NUMBER: The applicant has proposed one building identification sign located at the east side of the property. The sign is approximately 4 square feet. Pursuant to Section 93-20.05(C)(7) of the PSZC, building identification signs are permitted when approved as part of a sign program and are not to exceed more than twenty square feet. This sign conforms to the PSZC_ SIZEAND NUMBER OF SIGNAGE- The proposed sign program allows each tenant one main sign. The proposed signage is 10 square feet. These are consistent with Section 93.20.09 of the PSZC. Due to the specifics of the sign ordinance regarding awning signage, staff is recommending condition #1 requiring that main awning signage for each tenant be in conformance with the standards set forth in Section 93.20-09(A)(2)(a)(ii) of the PSZC_ Theproposed sign program also proposes an accessory sign of 10 square feet. This is not consistent with Section 93.20.09(B)(1)(b)(i) of the PSZC. Staff is recommending condition #4 to reduce the square footage of the accessory sign to six square feet, and to use an acceptable material as outlined in Section 93.20.09(B) of the PSZC. ARCHITECTURAL COMPATIBILITY: The sign program does not require that main signage be architecturally compatible with the building- Therefore, staff is including condition #2 stating that all tenant signage needs to be architecturally integrated with the building and surrounding features, and condition #3 stating that the awning signs match in size, type, and color. REQUIRED FINDINGS: With the recommended Conditions of Approval, the sign program will be in conformance with the Palm Springs Zoning Code and there are no required findings. Pursuant to Section 93.20.09 of the PSZC, a sign program that deviates from the PSZC requires that three findings be made. Staff reviewed these requirements and determined that the required findings can not be made to allow the deviations requested by the applicant: 1) 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 7 I } Orlcnne P ndmr} t,,rn Prdgmm Octobr1 ''J. signage. 2) The approved program 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 program. 3) The approved program is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. The sign ordinance encourages adoption of sign programs to provide consistency and ease of permitting for tenant signage. The deviations from the ordinance are for the purpose of providing adequate identification for the building and businesses located therein; therefore, the proposed sign program is 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". CONCLUSION: With the proposed conditions, the project conforms to the Palm Springs Zoning Code. The Architectural Advisory Committee recommended approval of the sign program including the building identification sign with the condition that the awning signs match in color. Considering all the information contained herein, staff is recommending approval of Case No. SP 07-112, a sign program for The Orleans Building located at 373 South Palm Canyon Drive (APN: 513-203-012), subject to the Conditions of Approval attached herein as Exhibit "A" of the Resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act (CEQA), the project is Categorically Exempt under Section 15311(a)(Accessory Structures). in Tsch a g A. Ewi AICP ing Te nician Dir ctor of Planning Services 8 f OfIP'n(1$ BAII(IICICj SIC.1l Lii bc: idu Si' Ui-I It ATTACHMENTS: 1) 400' Radius Map 2) Draft Resolution with Conditions of Approval 3) Proposed Sign Program 9 � Y N Department of Planning Services w E Vicinity Map FO{H Department of Planning Services w N E Vicinity Map S DA VTO RO '--- I I GMURNINORO i .�c __- ` p P Legend I � ProjecLSILe -- 0400 Foot Radius —rrnmom em �J Surrounding Parcels I g CITY OF PALM SPRINGS CASE NO: SP 07-112 DESCRIPTION: Jesse Danner, of Snip Snip Buzz, to establish a sign APPLICANT. Snip Snip Buzz program for the businesses located at 373 South Palm Canyon Drive, Zone CBD, Section 15. 10 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE APPROVAL OF CASE NO_ SP 07-112, A SIGN PROGRAM FOR THE COMMERCIAL BUILDING LOCATED AT 373 SOUTH PALM CANYON DRIVE, ZONE C-B-D, 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 for the Orleans Building located at 373 South Palm Canyon Drive (APN 513-203-012), Zone C-B-D, Section 15; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 07-112 was given in accordance with applicable law; and WHEREAS, on September 24, 2007, a public meeting on the application for architectural approval was held by the Planning Commission 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 has been determined to be Categorically Exempt as a Class 11 exemption (accessory structures) pursuant to Section 15311(a) of the 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: The sign program is consistent with the Palm Springs Zoning Code and is complementary to the architecture of the building. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. SP 07-112, subject to those conditions set forth in Exhibit A. ADOPTED this day of 2007. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Craig A. Ewing, AICP Director of Planning Services 11 i Case No. SP 07-112 Sign Program The Orleans Building 373 South Palm Canyon Drive October 10, 2007 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. Main awning signage shall conform to Section 93.20.09(A)(2)(a)(ii) of the Palm Springs zoning Code. 2. All signage shall be architecturally compatible with the surrounding structures. 3. Awning signs shall be the same size, type, and color. 4. The accessory sign shall be reduced to six square feet, and changed to a acceptable material as outlined in Section 93.20.09(B)(1)(b)(i) of the Palm Springs ,Zoning Code. 5. All tenant signage needs to 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. 12 Conditions of Approval October 10, 2007 Case No. SP 07-112 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 owner's 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 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 13 i d Conditions of Approval October 10, 2007 Case No. SP 07-112 Page 3 of 3 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 decision of the Planning Commission may be appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code_ 16. The applicant shall provide all tenants with Conditions of Approval of this project. BUILDING DEPARTMENT 17, Prior to any construction on-site, all appropriate permits must be secured. 14 i I i � I City of Palm Springs Sign Program The Orleans (Building) 373 South Palm Canyon Drive Submitted by Jesse Danner 760.880.1185 cell 630.323,9301 fax jd92262@hotmail.com (Photos Included) SP o7-112 The property consists of three separate buildings which includes twenty-nine apartments towards the rear and two commercial business stores separated by a breezeway fronting South Palm Canyon Drive. Building Sign: The Orleans 373 Main sign appears to be made of 3/8" rolled steal formed into the words and address numbers. Located above the breezeway. Size is 20" x 72". Unit A Sign: Vintage Oasis Main sign painted on awning. Size to be in conformance with sign code. Neon "OPEN' Sign. (Located Inside) Unit "A" to be painted on glass door. Unit B Sign: SnipSnipBuzz Main sign painted on awning. Permit from City. Size 14" x 100". Barber Pole. Permit from City. Neon "Flat-Tops. Fades $16". Size 10" x 138". (Located Inside) Neon "OPEN' Sign. (Located Inside) Unit `B" to be painted on glass door. 15 'a4lJ jllri.nr df r tlQ Iiipw7P f iPl. lid `@`',T��e^:. Poll.;. 45 `-"4ai}�E� �• 1, r,�°^�dsyl'w,?I- a^a�.,;;.rP�.�n,,",�. ;'f r„yr'".�l4rvrrt•r ' lEv.p,,,i�:� jj rve,�n:j31 � io,- , E yy ' III �Ic�M1a)f r��rYuwLu� 11:L1'tl���) i .jIA,�?i 1r�•...-.�.... . _ _ - Ia :. 111 �1 TeY . 1 I` . _' 'dr rbi•F•!„ ,.(1 'G.;widi llE o - . ;."� _ . T6 �i ..,. .Pr I i � I i r I q K ��r F r. I M1 Mi � I I I � A 'I m VII � I n . 17 ry 1`'�,�'f,pl•,`Ihgrwti �' • •:i�.Llafil%1 ��•� r ..�'7.��b �4 l.u•r. �tg:�r,'.�"frri9' ,br� 'vL r xr nr lrrc ":� .. •'S1l�r:^,I.F,Iil�li'^� Ita����Z'i^1n v✓ . (�wfCN1r F 71: sn 42 PN .nlr`u��Ir'�r,lr iWl µ' ,��lr'M � 1• ;L 1�J',rini4�';.9;r r�5•r `''eiS l'fM' .Y� 1SirnIi4 ) '�Fi.Iq'1T•\.*lip Y Li�Y�dl�itirA�[e•�' �. .1 'A ,�1Tr y ��t �yf W;�j�l�✓� rf � � g s V RESOLUTION NO. 7058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE APPROVAL OF CASE NO- SP 07-112, A SIGN PROGRAM FOR THE COMMERCIAL BUILDING LOCATED AT 373 SOUTH PALM CANYON DRIVE, ZONE C-B-D, 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 for the Orleans Building located at 373 South Palm Canyon Drive (APN 513-203-012), Zone C-B-D, Section 15; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 07-112 was given in accordance with applicable law; and WHEREAS, on September 24, 2007, a public meeting on the application for architectural approval was held by the Planning Commission 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 has been determined to be Categorically Exempt as a Class 11 exemption (accessory structures) pursuant to Section 15311(a) of the 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: The sign program is consistent with the Palm Springs Zoning Code and is complementary to the architecture of the building. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No- SP 07-112, subject to those conditions set forth in Exhibit A. ADOPTED this I day of October, 2007. AYES: 4, Scott, Ringlein, Marantz and Cohen NOES: 3, Hutcheson, Hochanadel and Caffery ABSENT: None. ABSTAIN: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA rai win ICP Dir or of PI ing Services 19 ) i r CITY OF PALM SPRINGS APPROVED BY PLANNING COMMISSION �� r1O� ra ra b�inibal Case No. SP 07-112 APPROVED BY CITY COUNCIL Sign Program NseAF bete dal The Orleans Building RMIUUM# Ordinance APPROVAL SUBJECT TO ALL REQUIRED 373 South Palm Canyon Drive CONDITIONS BY ABOVE BODIES October 10, 2007 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. The sign program includes one (1) four square foot building identification sign, two (2) ten square foot main awning signs, an neon accessory sign of six square feet (at the barber shop), and an additional open sign of two square feet (at the barber shop). 2. Main awning signage shall conform to Section 9320.09(A)(2)(a)(ii) of the Palm Springs Zoning Code, which states the following; a) Letters shall be a maximum height of fourteen (14) inches and located on the front face or any valance element of the awning. The sign area shall not exceed twenty (20) percent of the total awning area with a maximum area equal to one (1) square foot per linear foot of awning width. b) A logo may be incorporated into the sign, with additional sign area allowed; provided, the total sign does not exceed thirty (30) percent of the total awning area with a maximum of one and one-half (1'/z) square feet per linear foot of awning width. c) Letters and logos shall be sewn or silk-screened onto the awnings in an approved contrasting color. 20 Conditions of Approval October 10, 2007 Case No. SP 07-112 Page 2 of 4 d) Each awning that is separated by a distance of at least eight (8) inches may contain an identical sign except that the size of the sign shall be determined by the width of each separate awning. The combination of such signs shall be deemed as one (1) sign for purposes of this section. 3. Awning signs shall be the same size, type, and color. *4. Awnings shall be maintained in a condition free from items which would degrade the appearance and/or safety of the structure. (Added by Planning Commission at public hearing on 1011012007.) "5. Awnings shall be cleaned monthly and any tears, rips, or holes shall be repaired. (Added by Planning Commission at public hearing on 1011012007.) 6. The neon accessory sign (Flat-tops, Fades, $16) shall be reduced to six square feet. "7. In addition to the neon "Open" sign allowed for by the PSZC, an additional "Open Sunday Sign", with a maximum of two square feet in size, is allowed for the barber shop. (Added by Planning Commission at public hearing on 1011012007.) 8. All proposed tenant signage needs to be architecturally integrated with the building and surrounding features. 9. Approval shall be valid based on the sign amortization schedule in section 93.20.11 of the Palm Springs Zoning Ordinance. 10. All signs must comply with Planning Commission conditions and Section 93.20.00 of the Palm Springs Zoning Ordinance. 11. All signs shall comply with the Uniform Building Code regulations. 12. All exposed neon shall be equipped with a manual dimmer to establish light intensity. 13. Ail non-approved signage must be removed as part of this approval. ADMINISTRATIVE 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. 14. 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 21 [)promptly i Approval October 10, 2007 07-112 Page 3 of 4 f Palm Springs or its agents, officers or employees to attach, set aside, void or , an approval of the City of Palm Springs, its legislative body, advisory ies, or administrative officers concerning Case Sign 07-112. The City of Palm s will promptly notify the applicant of any such claim, action, or proceeding t the City of Palm Springs and the applicant will either undertake defense of atter and pay the City's associated legal costs or will advance funds to pay for e 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. 15. 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 owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 16. 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 Uniform Building Code, the fee being 112% for commercial or industrial projects, 1/4% 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 17. The decision of the Planning Commission may be appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 18. The applicant shall provide all tenants with Conditions of Approval of this project. 22 i Conditions of Approval October 10, 2007 Case No, SP 07-112 Page 4 of 4 BUILDING DEPARTMENT 19. Prior to any construction on-site, all appropriate permits must be secured. 23 Cindy Berardi From: J D [d92262@hotmail.com] Sent: Friday, October 12, 2007 11:24 AM To: PS Cindy Berard iCityClerk, PS Scott Taschner; PS Steve Pougnet; PS Ginny Foat; PS Mike McCulloch & Company; PS David Ready; PS Craig Ewing; PS Cathy Van Horn; PS Tom Wilson Subject: Jesse Danner, Snip5nipBuzz, Appeal Appeal ro n q r Appeal Planning Commission "Denial"of submitted Sign Program on October 10, 2007 a �m C-3 6� RE: SP 07-112 `i M �� ro an David Jesse Danner rn© '­_ SnipSnip6uzz M� -0 =< P.O. Box 76 -00 Palm Springs, CA 92263 0 '� Email:jd92262@hotmail.com "'; C Cell: 760.880.1185 Specific Action Appealed: Sign Program Denied by a Vote of 4-3- Neon sign: Current size (10 sq ft) Window Sign: "OPEN SUNDRY' Current size (3 112 sq ft) The Planning Commission further discussed the Sign Program and Approved the Cities "suggested"Sign Program, Which follows,,, Neon sign: Current size (10 sq ft) be reduced to (6 sq ft) Window Sign: "OPEN SUNRAY" Current size (3 1/2 sq ft) be reduced to (2 sq ft) Relief Sought: Approval of original Sign Program submitted by business owner. Fee Paid: 10,11.2007 $529.00 Check#4244 Help yourself to FREE treats served up daily at the Messenger Cafe. Stop by today. http://www.cafemessenger.com/info/info_sweetstuff2.html?ocid=TXT_TAGLM_OctW Ltagline t 24 Jay Thompson From: Craig Ewing Sent: Friday, October 12, 2007 11:58 AM To: J D Cc: Jay Thompson; Edward Robertson, Scott Taschner Subject: RE: Jesse Danner, SnipSnipBuzz, Appeal Got it, Jesse, thanks. You'll work with Jay Thompson, City Clerk, on the agenda schedule and the Planning Staff on the staff report. If you have any new materials (pictures, letters, etc- ) submit them to Edward or Scott in Planning. And let me know if you have any questions. Craig A. Ewing, AICP Director of Planning Services City of Palm Springs 3200 E. Tahquitz Canyon Drive Palm Springs, CA 92262 760-323-8245 -----Original Message----- Prom; J D [mailto:jd922620ohotmai7.-COm] Sent: Thursday, October 11, 2007 4:17 PM To: PS Steve Pougnet; PS Ginny Foat; PS Mike McCulloch & Company; PS David Ready; PS Craig Ewing; PS Cathy Van Horn; PS Development Services Conference Room; PS Edward 0. Robertson Robertson; PS Scott Taschner Subject: Jesse Danner, SnipSnipBuzz, Appeal October 10, 2007 The snipsnipBuzz Sign Program was Denied. RE: SP 07-112 The Planning Commission Denied "my" Sign Program by a Vote of 4-3 . The planning Commission further discussed the Sign Program and Approved the Cities "suggested" Sign Program, Which follows, , , Neon sign: Current size (10 sq ft) Ten Square Feet be reduced to (6 sq ft) Six Square Feet_ Window Sign: "OPEN SUNDAY" Current size (4 sq ft) Four Square Feet be reduced to (2 aq ft) Two Square Feet I filed an appeal today October 11, 2007 to go before City Council and paid the additional fee of $529, 00 . Jesse Danner 760. 880.1185 cell jd922620hotmail-com Help yourself to FREE treats served up daily at the Messenger Cafe. Stop by today. http://Www.cafemessenger.com/info/info_sweetstuff2 .html?ocid=TXT_TAGLm OctWLtagline 1 25 x;z 7D0 1,0/u/07 7ST Er ,E e2>z =E. g:k m E!a c Ervz AKs rI2: APPEAL 3EGE 3k72 1! tz se "IED Q. :a, r o: S525, s MAVE: to 26