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Home My WebLink About24422RESOLUTION NO. 24422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO AN EXISTING SIGN DISTRICT TO ALLOW ONE (1) SIGN AT THE MERCEDE-BENZ DEALERSHIP AND FIVE (5) SIGNS FOR THE PORSCHE DEALERSHIP LOCATED AT 3737 & 4095 EAST PALM CANYON DRIVE. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. VIP Motorcars, ("Applicant") has filed an application with the City pursuant to Chapter 93.20 (Sign Ordinance) of the Palm Springs Zoning Code for an amendment to an existing Sign District (Case 18-001) for the addition of one (1) 33-square foot sign attached to the front fayade at the Mercedes-Benz dealership located at 4095 East Palm Canyon Drive, Zone C-2. B. Indigo Auto Group, ("Applicant") has filed an application with the City pursuant to Chapter 93.20 (Sign Ordinance) of the Palm Springs Zoning Code for an amendment to an existing Sign District (Case 18-002) to add five (5) new signs for a new auto dealership building located at 3737 East Palm Canyon Drive, Zone C-2. C. The Applicant has requested an amendment to an existing Sign District per Chapter 93.20.08(J) of the Sign Ordinance, as described in the City Council Staff Report, dated May 16, 2018. D. On April 2, 2018, the Architectural Advisory Committee reviewed the proposed amendment to the existing Sign District and conducted two separate votes as follows: • Mercedes-Benz by a vote of 5-2 to recommend approval of the project to the City Council. • Porsche by a vote of 7-0 to recommend approval of the project to the City Council. E. A notice of public meeting of the City Council of the City of Palm Springs California to consider Case SO 18-001 & 002 was given in accordance with applicable law, and on May 10, 2018, the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, and all written and oral testimony presented. F. Pursuant to Section 93.20.08(L) of the Palm Springs Zoning Code, the City Council has examined the amendment to the Sign District, and evaluated it against the required findings for approval as follows: 1. Due to the physical characteristics of the properly and the orientation and design of the structures on the properly, the strict application of the regulations of the Sign Ordinance will not give adequate visibility to the signage. Resolution No. 24422 Page2 The Special Sign District is unique within the City and is the only one which encompasses a large concentration of auto dealerships. The proposed amendment to the Mercedes-Benz with the addition of a 33-square foot logo sign will provide a visual display of a new high end performance brand which is not currently present on the building. The additional sign attached to the front fa9ade canopy columns will provide greater visibility and be consistent and harmonious with existing signs on the building relative to style, color, and mounting method. The construction of the new building for a Porsche dealership requires the addition of five (5) signs to the Sign District which would not normally be permitted if the strict application of the Sign Ordinance would be administered. The proposed overall sign square footage exceeds the limitations of the Code. The new building with its orientation setback from the Major Thoroughfare of East Palm Canyon Drive limits the visibility of the signs requiring relief of the strict application of the sign code resulting in the amendment to the Sign District. The requested deviations when viewed against the overall cohesiveness of the Special Sign District can be considered justified. Each auto dealership has its own unique style and design that identifies each brand while not being excessive with sign clutter. 2. The approved Sign District 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. The proposed signs will be placed in logical locations to easily convey to the consumer the individual auto brands. The placement of the new signs will be consistent and compatible with other dealerships within the Special Sign District. Therefore, there is a consistency of composition and treatment within the Special Sign District. 3. The approved Sign District is compatible with the surrounding property and not contrary to the purpose of the Sign Ordinance. The proposed signs will complement the existing building architecture by being proportional in size with appropriate placement on the buildings. In addition, the new signs will not result in visual clutter and detract from the building design. The signs will be consistent with other signs on the buildings and within the Sign District. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: SECTION 1. CEQA. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 11 exemption (Accessory Structures) pursuant to Section 15311(a) of the CEQA Guidelines. The project will result in the construction of signs that are accessory to commercial structures, which are exempt pursuant to the aforementioned Section. Re solution No . 244 22 Page 3 SECTION 2. Sign District. That the findings and determinations reflected above are true and correct , and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution . The City Council approves this amendment to the Sign District application (Case SP 18-001 & 002) with conditions as outlined in attached Exhibit "A." ADOPTED THIS 16TH DAY OF MAY, 2018 . David?.e :::-:;.;~ City Manager CERTIFICATION I, ANTHONY J . MEJIA, City Clerk of the City of Palm Springs , hereby certify that Resolution No . 24422 is a full , true and correct copy , and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 16, 2018 , by the following vote : AYES : NOES : ABSENT: ABSTAIN : Councilmembers Holstege, Kors, Middleton , Mayor Pro Tern Roberts, and Mayor Moon None None None IN WITNESS WHEREOF , I have hereunto set my hand and affi xed the official seal of the City of Palm Springs , California, this \ Ll r---day of --::f"~ ~1 m Resolution No. 24422 Page4 Exhibit A Case No. SP 18-001 & 18-002 Amendment to Sign District Mercedes-Benz and Porsche Auto Dealerships 3737 and 4095 East Palm Canyon Way May 16, 2018 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. ADM 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Cases SP 18- 001 & 18-002. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. Resolution No. 24422 Page 5 PLANNING DEPARTMENT CONDITIONS PLN 1. Signs shall comply with approved drawings dated stamped May 16, 2016. Any deviations will require review by the Planning Services Department. PLN 2. All signs shall comply with the Uniform Building Code regulations. PLN 3. The Planning Services Department may require the reduction of light intensity and glare from any signage, or the removal of such signage, that poses a nuisance or harm. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS