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HomeMy WebLinkAboutA. Case No. VAR 09-330 Cambria / Candice Knox CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Approval of a variance for an exception to Palm Desert Municipal Code Section 25.68, Signs, to permit a second wall sign on the same building frontage for Cambria located at 42-210 Cook Street. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Cambria Candice Knox 42-210 Cook Street, Suite M Palm Desert, CA 92211 CASE NO.: VAR 09-330 DATE: October 6, 2009 I. EXECUTIVE SUMMARY: Approval of staff's recommendation would deny the applicant a variance for two wall signs on the Cook Street building frontage. The applicant was cited by the City's Code Enforcement Department in violation for installing a second, non- permitted sign on the Cook Street building frontage. The Architectural Review Commission (ARC) reviewed the request and recommended denial. The ARC believed that two signs on one frontage creates clutter and is not compatible with the rest of the commercial center. II. BACKGROUND: A. Property Description: Cambria is located on the southeast corner of Cook Street and Green Way. The business is located in the Cook Street Marketplace shopping center near Jensen's. Staff Report Case No. VAR 09-330 October 6, 2009 Page 2 of 5 B. Section 25.68.260: The predominant idea in authorizing signs in the commercial and industrial zones is to strive for one sign per complex to eliminate clutter and to promote compatibility, proportion, simplicity, and sign effectiveness. Municipal Code Section 25.78.010-A(Variance) Variances from the terms of the zoning ordinance shall be granted only due to special circumstances applicable to the property including when the size, shape, topography, location or surroundings, or the strict application of the title deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Any variance or adjustment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is situated. D. Architectural Review Commission: At its meeting of August 11, 2009 the ARC reviewed the project and recommended denial on a 4-1-0-1 vote with Commissioner Touschner voting no. The other Commissioners believed that having two signs on the same frontage adds clutter to the building and is not compatible with the other businesses in the center. III. PROJECT DESCRIPTION: The building is located within the existing Marketplace shopping center anchored by Jensen's. The center and building have excellent visibility along Cook Street. The building is a corner building having two frontages. One frontage is along Cook Street and the other is facing the parking lot and Cook Street. The applicant is entitled to one sign per frontage per code. On August 13, 2008 the applicant was approved for installation of two wall signs by staff over the counter. One approved sign is located along the Cook Street frontage below the roofline. The other approved sign is located on the corner of the building facing the parking lot, which is also visible from Cook Street. The applicant installed a third wall sign, facing Cook Street over the front entry, which is not allowed per code. The applicant is requesting approval of a variance to Section 25.68, Signs, to allow an exception for two wall signs on the Cook Street frontage. Section 25.68.730, G:\Planning\Kevin Swartz\Word\Cambria Wall Sign\Planning Commission Staff Report.doc Staff Report Case No. VAR 09-330 October 6, 2009 Page 3 of 5 Exception process, states "The Planning Commission may approve exceptions relative to size, number, and location of signs after a public hearing in instances where an applicant is faced with exceptional circumstances because of the type of location of business, or is trying to achieve a special design effect." The applicant must show that: A. The sign will be integrated into the architecture of the building; and B. The sign will not be detrimental to neighboring business or the community in general. IV. ANALYSIS: The applicant is requesting an exception from the Planning Commission for an additional sign on the Cook Street frontage. The applicant installed the sign and was cited by the City's Code Enforcement Department. The purpose of the sign code is to eliminate clutter and not take away from the architecture of the building. Approving the proposed variance would set a negative precedent by promoting too much signage, which leads to visual clutter. The following findings responding to Palm Desert Municipal Code Chapter 25.78.010 explain the rationale for denying the variance: A. Findings For Denial: Section 25.68.730, Exception process, states "The Planning Commission may approve exceptions relative to size, number, and location of signs after a public hearing in instances where an applicant is faced with exceptional circumstances because of the location of business, or is trying to achieve a special design effect." The applicant must show that the sign will be integrated into the architecture of the building and the sign will not be detrimental to neighboring businesses or the community in general, and: A. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. Due to the property having visibility and frontage along Cook Street, and being able to have another sign facing the parking lot, there is no difficulty or physical hardship related to the property in question. Cook Street is highly traveled and the existing signs are easily seen from Cook Street. G:\Planning\Kevin Swartz\Word\Cambria Wall Sign\Planning Commission Staff Report.doc Staff Report Case No. VAR 09-330 October 6, 2009 Page 4 of 5 B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the same zone. The property is not of a highly irregular shape, and there are no extraordinary circumstances or conditions applicable to this property. The building is located within an existing shopping center and has excellent visibility from Cook Street. The building is positioned at an angle allowing two frontages viewed from Cook Street. C. That strict or literal interpretations and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. No other variances have been approved for signage in the vicinity. The applicant is not deprived of any privileges that others enjoy in the same area. D. That the granting of the variance or adjustment will not be detrimental to public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity. The applicant was approved to install the two wall signs, one per frontage, that currently exist. The applicant installed an additional sign that was not permitted and allowed by code. The proposed sign would not be detrimental to public health, safety or welfare, or materially injurious to the properties in the vicinity. V. ENVIRONMENTAL REVIEW: The project would be a Class 3, Categorical Exemption for the purposes of CEQA and no further review is necessary. VI. CONCLUSION: In conclusion, the applicant installed a second sign on the Cook Street frontage which does not meet code. Cambria is easily visible from Cook Street and is located in a multi-tenant commercial complex. The ARC and staff believe that an additional sign on the same building frontage creates clutter on the building. G:\Planning\Kevin Swartz\Word\Cambria Wall Sign\Planning Commission Staff Report.doc Staff Report Case No. VAR 09-330 October 6, 2009 Page 5 of 5 VII. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , denying VAR 09-330. VIII. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Architectural Review Commission Notice of Action and Minutes D. Exhibits: Plans and Photo-simulations Submitted by: Department Head: )ti' Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development G:\Planning\Kevin Swartz\Word\Cambria Wall Sign\Planning Commission Staff Report.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A VARIANCE FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.68, SIGNS, TO PERMIT A SECOND WALL SIGN ON THE SAME BUILDING FRONTAGE FOR CAMBRIA LOCATED AT 42-210 COOK STREET. CASE NO. VAR 09-330 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of October, 2009, hold a duly noticed public hearing to consider the request by Cambria, for the above noted Variance; and WHEREAS, said application is not a project under the California Environmental Quality Act, and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify denial of said request: A. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. Due to the property having visibility and frontage along Cook Street, and being able to have another sign facing the parking lot, there is no difficulty or physical hardship related to the property in question. Cook Street is highly traveled and the existing signs are easily seen from Cook Street. B. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The property is not of a highly irregular shape, and there are no extraordinary circumstances or conditions applicable to this property. The building is located within an existing shopping center and has excellent visibility from Cook Street. The building is positioned at an angle allowing two frontages viewed from Cook Street. C. That strict or literal interpretations and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. No other variances have been approved for signage in the vicinity. The applicant is not deprived of any privileges that others enjoy in the same area. PLANNING COMMISSION RESOLUTION NO. D. That the granting of the variance or adjustment will not be detrimental to public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity. The applicant was approved to install the two wall signs, one per frontage, that currently exist. The applicant installed an additional sign that was not permitted and allowed by code. The proposed sign would not be detrimental to public health, safety or welfare, or materially injurious to the properties in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Variance 09-330 is hereby denied. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 6th day of October 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 -A., CITY DE PDLDI DESERT " " +;I s,' 73-510 FRED WARING DRIVE V' PALM DESERT,CALIFORNIA 92260-2578 Ra i.. _ TEL:760 346-0611 its s' FAX:760 341-7098 14-A" info@palm-deserc.org CITY OF PALM DESERT LEGAL NOTICE CASE NO.VAR 09-330 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Cambria for approval of a Variance for an exception to Section 25.68, Sign Ordinance to allow two signs along the same frontage located at 42-210 Cook Street. .,"," it 1,1,r - ,i. �f a 4 09 4 t A: ,. ,,. 27 net- `'I a.i - �i '- c x ' t.,'F ; . t[ K ®3uRRr wawa—' ' ',.ws .. iAi f Y _ .. j[,, IF 11 'i I 1 F - Ill, YI . Y _ 4 # I�. {� S f - m rt ��I faig'1I t g �1 i1 z1; 1 I ._ 1 — ,' � i s {fit_ 'l , la, f = I Ise;:21 1 , i I,. I: =Of i c,; 'if I I=I �.. .I I �, -. ,` > �t.�0I le.-„II 1..14t..s �'�.i.._ s v.1`�,i III 6 i I ,l,. k- ..I'°" t�117n p w•q1 flr ^", "a s #.,5. ' ter a.,. ,mV3�a� �' g as . 3,01 ,V M4V.,:', �:) t,w . `.,ra,..,,WO'k 8�`V 1 .,�,-,......., *ate.x :,,2�+ "d e b.'*�3� SAID public hearing will be held on Tuesday, October 6, 2009, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or city council)at, or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary September 26, 2009 Palm Desert Planning Commission 4* 1 _ '" ;. ce 5 . .,, ate'. «, - K i. t i CSC • 4.� U L_ w .fir 4 =r ,, ' _ ; = I Cler v • 1 I I • • • • • I • I • j Z e r ! 0 i a N Ii— tl , et : II (.1 % Pri — —4 j PAPERDOLLSillfr///:. I 1 ' d l E .S b1 © (1.)0 jI Cr CA o .41 FRANCES & WAYNE Q cN5 or 0 Tr x 4 i 1 - KAMP TIL C7 - ; I tn 1 S r BELLISIMO (• I• i • I) 'r yx. 4k 1I OW CALIFORNIA CLOSETS ih 1i Isi i t • • • •• u 1? u N y ., r N >" '',..4 I d .9.21 v I li :I.13- [ IlL:-. 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