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HomeMy WebLinkAboutReview of ARC Action - SA 04-135 - Outback SteakhouseCITY OF PALM DESERT DEPARTMENT Or COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of a City Council request for review of an action by the Architectural Review Commission approving a request by Outback Steakhouse to remove a condition of approval that requires the neon sign and border lights to have a dimmer device. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: Outback Steakhouse 72-220 Highway 111 Palm Desert, CA 92211 CASE NO: SA 04-135 DATE: December 9, 2004 CONTENTS: Letter of Application Minutes of Original Approval ARC minutes of November 9, 2004 Recommendation: By minute motion affirm the action of the Architectural Review Commission. Executive Summary: Outback Steakhouse has existed in its current location since December 1995. When the City reviewed the original signage request which indicated neon signage and border lighting a condition was imposed which required that a dimmer device (rheostat) be installed so that the light intensity could be controlled. Earlier this year, staff was advised that the light intensity seemed to have increased. The matter was reviewed and staff learned that during the fall of 2003 the neon lighting malfunctioned and may have been out for some time. In December 2003, the system was repaired. To the best of our knowledge, the intensity is the same as before the malfunction. During the staff investigation it was learned that the rheostat had never been installed. In fact, the type of transformer installed precludes the use of a rheostat. Installation of a rheostat at this time would involve removing and reinstalling the entire neon system. October 4, 2004 the applicant filed this request for Architectural Review Commission to delete the condition of approval. STAFF REPORT CITY COUNCIL CASE NO. SA 04-135 DECEMBER 9, 2004 At the Architectural Review Commission meeting, the applicant noted that the existing system has been in place for eight years and no one had ever complained about it and it would cost $6,000 to install new lighting with a rheostat. The Architectural Review Commission determined that since the neon has been in place for eight years and no one has complained "then it is probably okay the way it is." Commissioner Hanson noted, "that she doesn't see it as an issue. I've driven by it a hundred times an it's never offended me. Honestly, to even think about it right now I can't even tell you where the neon is. That's how much it didn't make an impression." Accordingly, on a 6-0-1 vote (Commissioner Oppenheim absent) approved the request to delete the condition. This timely request for City Council review was filed November 17, 2004 by Councilman Crites. Planning staff concurs with the Architectural Review Commission action and recommends that the City Council affirm the action of the A.R.C. Submitted by: A e Smith Planning Manager Approve by: oma Cron Assistant City Ma er for Development Services SS/dq G:\PLANNING\DONNAQUAIVER\WPDOCS\SR\SA04-135.SS Department Head: it Drell �--` Director of Community Development Approved by: -114ft� Carlos Ortega(I City Manager 2 44t NUER CONS I�TAN'TS SERVICES October 4, 2004 City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: Planning Department, Philip Drell Re: Outback Steakhouse Restaurant 72220 Highway I 1 I Building G Palm Desert, CA 92260 Dear Members of the City Council, Fancher Development Services, Inc. on behalf of Outback Steakhouse Restaurants would like to request an amendment to the condition set by the Architectural Review Committee which requires our neon signs and border lighting to have a dimming device. Please take into consideration that Outback Steakhouse has been operating in the City of Palm Desert since December of 1995 and to my knowledge there has not once been an objection from any other member of our community or employees of the city. Our signage has remained unchanged since our initial opening. This issue has yet to affect the safety and wellbeing of our customers, employees, or any residents of the City of Palm Desert. We hope that the City Counsel will agree with our request and allow Outback Steakhouse to continue to remain in operation just as it has been for the past nine years. If you have any questions or concerns feel free to contact my office. Sincerely, Mo ' o Assistant roject Manager 1342 Bell Ave. Suite 3K, Tustin, CA. 92780 (714) 258-1808 Fax (714) 258-2401 E-mail Fandev@direcpc. com ARCHITECTURAL REVIEW COMMISSION NOVEMBER 9, 2004 MINUTES Action: Commissioner Van Vliet moved, seconded by Commissioner Hanson for approval to remove the ARC condition requiring a dimmer device for the neon lighting. Motion carried 6-0-0-1 with Commissioner Oppenheim absent. 4. CASE NO.: MISC 04-59 APPLICANT (AND ADDRESS): DENNIS RIVIZZIGNO, 73-312 Ironwood Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of 17' roof height for entryway. LOCATION: 73-312 Ironwood Street ZONE: R1- 20,000 Action: Commissioner Gregory moved, seconded by Commissioner Lopez for approval by minute motion. Motion carried 6-0-0-1 with Commissioner Oppenheim absent. 5. CASE NO.: SA 04-147 APPLICANT (AND ADDRESS): QUIEL BROS., 272 S. "I" Street, San Bernardino, CA NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of tenant signage for new building. Lyle Commercial LOCATION: 78-000 Fred Waring Drive ZONE: O.P. Mr. Stendell stated that the commission was given revised Coldwell Banker sign plans to review. I discussed the plans with the applicant and persuaded them to come up with something that's a little smaller because the original submittal was too big. The revised plans show signage that's a little bit on the high side, but it's definitely a compromise. G:Planning0onna Quaiverlwpdocs\Agmin1AR041109.MIN 5 ARCHITECTURAL REVIEW COMMISSION NOVEMBER 9, 2004 AGENDA NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of business signage for A.G. Edwards. LOCATION: 73-993 Highway 111 ZONE: C1 Mr. Bagato stated that the applicant had originally told him that they were going to exchange the signs with signs of equal size. However, the plans that were submitted were not the same size and they look too large. Staff's recommendation would be to remain with the existing 12" high letters. The applicant wants to add the letters "A.G." because clients are confused with the current signage. Commissioner Van Vliet asked if they're within their allowable signage requirement. Mr. Bagato stated that they're within the limits but the larger letters look too big. The commission concurred. Mr. Bagato stated that the current letters are 12" with a 24" logo. The proposed letters are 16". Action: Commissioner Hanson moved, seconded by Commissioner Vuksic for approval of 12" high letters. Motion carried 6-0-0-1 with Commissioner Oppenheim absent. 3. CASE NO.: SA 04-135 APPLICANT (AND ADDRESS): OUTBACK STEAKHOUSE, 72-220 Highway 111, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Request to remove an ARC condition that requires the neon sign and border lighting to have a dimmer device. LOCATION: 72-220 Highway 111, Outback Steakhouse ZONE: PC Mr. Drell stated that the commission had previously added a condition requiring that a rheostat be put on the neon tube. It was installed without the rheostat and there wasn't any significant controversy until about a year ago when it was noted by a Councilman that it seemed brighter than it used to be. It turned out that sometime in the fall of last year, the neon tubing had malfunctioned and it might have actually GRIanning0onna Quaiver\wpdocs\Agmin\AR041109.MIN 3 ARCHITECTURAL REVIEW COMMISSION NOVEMBER 9, 2004 AGENDA been out for a period of time. Then the first week in December it was serviced and the light went back on.. What was noted was that someone got used to the light being out and suddenly it went back on. As far as it could be determined, it's exactly the same intensity that it always was. After the complaint, there was an inspection that confirmed that a rheostat was not installed. In fact, the type of transformer used actually precludes the use of a rheostat. For the rheostat to be installed, it would involve replacement of the entire light. There's an ongoing Code action with an alternative of removing and reinstalling the entire light. The applicant is requesting deletion of that condition. The applicant, Bill Fancher, was present and stated that the neon tubing has been used for eight years and nobody from the public has complained. It would cost about $6,000 to change it to conform to the condition. It's been fine for over eight years so why force us to spend that much money. We've never done anything to the neon to upgrade it. We've simply repaired it or replaced what was broken. Commissioner Van Vliet asked if there was a specified intensity on the original approval. Mr. Drell stated that it was the. standard wattage that we usually have for neon, but the requirement for the rheostat was that we would have the ability to dim it. The sign program for the rest of the building is neon. Commissioner Hanson stated that she doesn't see it as an issue. I've driven by it a hundred times and it's never offended me. Honestly, to even think about it right now I can't even tell you where the neon is. That's how much it didn't make an impression. Mr. Drell commented that the applicant doesn't want to make the neon a higher intensity but would like to maintain it the way it is. The recommendation of the ARC will go to the City Council. Commissioner Van Vliet stated that if this was a new building coming in with a request to add a neon stripe on it, would the commission approve it. Mr. Bagato stated that the commission approved the neon fighting at Arco with the understanding that if the City doesn't like it, they would take it down. Commissioner Van Vliet commented that if there haven't been any complaints in eight years, then it's probably okay the way it is. The commission concurred. G:Planning\Donna QuaiverlwpdocsAgmin1AR041109.MIN 4 I CITY OF PALM DESERT, CALIFORNIA REQUEST FOR CITY COUNCIL REVIEW DECISION OF THE (Name of Determining Body) Case No. Project Proponent: Address: Description of Application or Matter Considered: RECEIVED IN -UN 17 ?004 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT Date Filed: Action Taken: 114. P G, Date of Decision: Meer of the City Council FOR OFFICIAL USE ONLY Received by: Date: Rachelle D. Klassen, City Clerk C:MINDOW51Temporary Internet Res1011<62811cncl req for rev wpd 50103