HomeMy WebLinkAbout21840 - RESOLUTIONS - 3/21/2007 RESOLUTION NO. 21840
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDMENT TO CASE NUMBER 5.1091, AMENDING
PLANNED DEVELOPMENT DISTRICT 324 TO ESTABLISH
A SIGN DISTRICT (SP 07-023) FOR TEMPORARY
CONSTRUCTION SIGNAGE AT THE SOUTHEAST
CORNER OF NORTH PALM CANYON DRIVE AND ALEJO
ROAD.
WHEREAS, according to Palm Springs Zoning Code 93.20.5.C.8, "special sign districts"
may be established by the City Council for commercial and industrial projects, "...as
part of a specific plan, redevelopment plan, planned development district or the like
when special sign provisions are necessary or appropriate to implement general plan
provisions and goals"; and
WHEREAS, Palm Springs LLC (the "Applicant') has filed an application with the City
pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for an amendment
to Planned Development District 324 to establish a Special Sign District for temporary
construction signage; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider an amendment to Case Number 5.1091 consisting of an amendment to
Planned Development District 324, was given in accordance with applicable law; and
WHEREAS, on March 7, 2007, a public hearing on the application was held by the City
Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: A Mitigated Negative Declaration for this project was previously adopted
by the City Council on October 4, 2006, the Council finds that, pursuant to Section
15162 of the California Environmental Quality Act (CEQA), the preparation of further
documentation will not be necessary since the circumstances surrounding this project
have not changed.
Section 2: Pursuant to Section 9320.5.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:
Resolution Na. 21840
Page 2
General Plan Goal — D.3.A — Establishment of the areas along Palm '
Canyon Drive and Indian Canyon Drive between Alejo and Ramon Roads
as the principal activity center of and "downtown" to the City by the
intensification of commercial / entertainment-related uses and urban
design improvements to achieve economic, physical and visual unity.
The sign program will support the intensification of downtown uses through the
use of multiple text panels along the construction fencing.
General Plan Goal — D.3.D — A shopping district with a festive atmosphere
that typifies the City, where the physical aspects of good access, parking,
and compactness are achieved, catering to the pedestrian, and where the
beauty of the surroundings and the gracious welcome of the people will
make shopping a most delightful recreational experience.
The sign program will add drama and energy to the north part of the downtown,
adding to a festive atmosphere for shoppers and pedestrians.
Section 3: The City Council approves an amendment to Case Number 5.1091,
amending Planned Development District 324 to establish a Special Sign District for
temporary construction fence screening only as shown on the development plans
attached to the City Council Staff Report dated March 7, 2007 and included herein by
reference, and subject to the Conditions of Approval attached hereto as Exhibit A.
ADOPTED THIS 7th day of March, 2007 and amended and readopted on the 215t day of
March, 2007.
David H. Ready, ity ager
ATTEST:
mes Thompson, City Clerk
Resolution No. 21840
Page 3
' STATE OF CALIFORNIA ) CERTIFICATION
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21840 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 March 7, 2007, and then
subsequently amended and readopted at a regular meeting of the City Council of the
City of Palm Springs on March 21, 2007 by the following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember Mills.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
' City of Palm Springs, California
1
Resolution No. 21840
Page 4
EXHIBIT A '
Case No. 5.1091 — PD-324 Amendment
Palm Springs LLC
Southeast corner of Alejo Road and North Palm Canyon Drive
("Port Lawrence")
CONDITIONS OF APPROVAL
March 7 and March 21, 2007
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 '
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.
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 Case 5.1091 PD — 324 and
3.2933, Tentative Tract Map 34190. 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. 21840
Page 5
3. 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
4. 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
6. Prior to installation of the signs of the Special Sign District, the applicant shall
provide to the Director of Planning Services the name and telephone number of
an agent or party responsible for maintenance of the affected signs. Such agent
or party shall be available seven days a week and any changes to the contact
information shall be reported to the Director immediately. The installation of the
sign and the structure of the sign shall be approved by the Director of Planning
Services. (Last sentence of condition was added On March„ 21 2007 when
readopted)
7. Six months following installation of the billboard signs, and no less than every six
months thereafter, the applicant shall replace the billboard illustrations with new
illustrations depicting elements of the project. Prior to installation of any new
illustrations, the applicant shall submit them to the Director of Planning Services
for review and approval. Condition removed by the City Council on March 7
2007, then added back when readopted on March 21, 2007)
' 8. Ninety (90) days following issuance of the first Certificate of Occupancy for the
Planned Development District, this Special Sign District shall terminate and all
signs approved as part of this District shall be removed.
Resolution No. 21840
Page 6
Building Department '
9. Prior to any construction on-site, all appropriate permits must be secured.
Fire Department
10, Fencing Required: Construction site fencing with 20 foot wide access gates is
required for all combustible construction over 5,000 square feet. Fencing shall
remain intact until buildings are stuccoed or covered and secured with lockable
doors and windows. (8.04.260 PSMC)
END OF CONDITIONS
1