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HomeMy WebLinkAbout24705RESOLUTION NO. 24705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL SIGN DISTRICT TO ADD PROJECT BANNER SIGNS AT THE MIRALON COMMUNITY LOCATED AT 801 EAST SUNRISE PARKWAY, ZONE PD 290 (CASE 17-006 SD AMND). THE PALM SPRINGS CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The City Council of the City of Palm Springs originally certified a Mitigated Negative Declaration (MND) and approved Planned Development District 290 (PDD 290), on May 5, 2004, for 1,150 single-family and multi -family residential units. B. On July 18, 2007, and October 4, 2017 the City Council approved a special sign district and first amendment consisting of three permanent entry signs, temporary signage along with the install of five (5) permanent monument signs for the Miralon residential project. C. The Freehold Communities, LLC, (the "Applicant") has filed an application with the City to amend the Special Sign District, Case SP 17-006 SD AMND pursuant to the provisions of Section 93.20.05(C)(8) of the Palm Springs Zoning Code. D. On January 9, 2020, a public meeting on the proposed amendment to SP 17-006 SD AMND was held by the City Council in accordance with applicable law. E. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the amended special sign district, including but not limited to the staff report and all written and oral testimony presented. F. Pursuant to Section 93.20.5.C.8 of the Palm Springs Zoning Code, the City Council finds that the proposed Special Sign District includes special sign provisions that are necessary or appropriate to implement general plan provisions and goals, as follows: 1. Special sign provisions are necessary or appropriate to implement general plan provisions and goals. The Special Sign District is for a residential development that was originally approved in 2004 but has remained undeveloped up until now. The original Special Sign District enabled some deviations designed to facilitate better exposure to the large-scale residential development. The Community Design Element of the City of Palm Springs General Plan Update adopted in 2007 includes goals, policies and actions for achieving citywide objectives that relate to signage for private development within the City. Resolution No. 24705 Page 2 According to the objective of the Community Design Element of the General Plan, "Signage is a highly visible component of the City's visual character. Clear, well -designed, and appropriately scaled public and directional signage can add character and visual interest to the community, as well as aid circulation and movement between and within areas. Attractive, well -placed, and appropriately scaled commercial and industrial signage can create visually pleasing commercial and industrial areas and add to the overall visual appeal of the City." The General Plan further states..."Generally, signage should be colorful, interesting, easy to read, and made from materials appropriate to the desert. Signs should be of styles, scales, and locations appropriate to their function. Signs should also be consistent with the architectural style of the building to which they are attached or adjacent." Staff finds that the requested ten (10) project banner signs along North Indian Canyon Drive is excessive and would be beyond past practices of previous Sign Districts, however the placement of five (5) banner signs along Sunrise Parkway will further the goals of the General Plan and will further enhance its provisions and goals. The design, size and locations of the project banner signs will allow the marketing of the Miralon Community. The placement of the five (5) banner signs along Sunrise Parkway will welcome perspective buyers and future residents of the Miralon development. The banner flag sign design compliments the contemporary themes of the existing monument signs and architectural design of the residences. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: SECTION 1. 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. SECTION 2: CEQA. Pursuant to the California Environmental Quality Act (CEQA), the project is Categorically Exempt under Section 15311(a) (Accessory Structures). SECTION 3. The City Council hereby approves the amendment to Special Signs District (Case SP 17-006 SD AMND) to include the placement of five (5) project banner signs along the south street side of Sunrise Parkway with conditions as outlined in attached Exhibit "A." ADOPTED THIS 9T" DAY OF JANUARY 2020. David H. Ready, City ager AT ST: Anthony J. "a City Clerk Resolution No. 24705 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 9th day of January, 2020 by the following vote. - AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this W'L, day of rya Z'o Ahfhony J. eji C City Clerk Resolution No. 24705 Page 4 EXHIBIT A Case No. SP 17-006 SD AMND Miralon Palm Springs CONDITIONS OF APPROVAL January 9, 2020 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 Administrative All conditions of City Council Resolution No. 20920 (PD-290) shall be in full force and effect, except as modified below. 2. 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. 3. 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 5.0982 PD — 290 (SP 17-006 SP AMND). 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 Resolution No. 24705 Page 5 matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 4. 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. Environmental Assessment 5. The mitigation measures of the Initial Study shall apply to the proposed project. Mitigation measures are included in the Initial Study made part of the original Planned Development District adopted October 4, 2006, and hereby incorporated into these conditions by reference. 6. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Planning Department 7. The responsible agent for maintenance of the affected signs shall be available seven days a week and any changes to the contact information shall be reported to the Director of Planning Services immediately. 8. All signs relating to the sale of units must be removed ninety (90) days following issuance of the last Certificate of Occupancy for any completed residential builder complex or cluster. All signs approved as part of this District shall be removed except for the monument identification signs and the utilitarian signs. 9. The proposed signs along any public street shall be subject to review by the Engineering Department to verify the location of the signs relative to the public right-of-way. Encroachment agreements may be required. 10. The Engineering Department shall verify the location of the other signs as well to determine that they are not blocking drivers' visibility at intersections. Resolution No. 24705 Page 6 City Council imposed conditions: 11. Of the ten (10) banner signs on the Indian Canyon Drive frontage, every third sign shall state "Palm Springs" instead of Miralon. 12. The banners shall be allowed to remain in place for a period not to exceed seven (7) years, unless otherwise extended as part of a Sign Program amendment. 13. Upon notification by the City of Palm Springs, the applicant shall have one (1) week to respond to any identified banner signs maintenance issues. Building Department 14. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS