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Home My WebLink About21973 - RESOLUTIONS - 7/18/2007 RESOLUTION NO. 21973 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO CASE NUMBER 5.0982, AMENDING PLANNED DEVELOPMENT DISTRICT 290 TO ESTABLISH A SIGN DISTRICT (SP 06-114) FOR SIGNAGE AT THE AVALON DEVELOPMENT LOCATED AT 801 SUNRISE PARKWAY, SECTION 35. 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, SunCal Companies (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 290 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 5.0982 consisting of an amendment to Planned Development District 290, was given in accordance with applicable law; and WHEREAS, on January 8, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 6-0-1 recommended approval to the City Council; and WHEREAS, on July 18, 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. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA), the project is Categorically Exempt under Section 15311(a)(Accessory Structures). Section 2: 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 Resolution No. 21973 Page 2 provisions that are necessary or appropriate to implement general plan provisions and goals, as follows: Objective—3-3a— Sound, healthful and attractive residential areas based on the low- density space and occupancy standards appropriate for Palm Springs and the open desert character of Palm Springs living. Policy—3-3.2—Encourage developers to achieve a high level of architectural and community design of all residential development, using high-quality building materials and achieving long-term desirability, which is reflective of the City's design heritage. Ensure that new development is compatible with and complements, in scale and architecture, the natural surroundings. The sign district will support the sound, healthful and attractive residential areas by creating an identification district through the use of limited temporary signage within and outside the development and permanent main signage as core identity to the three entrances of the development. Furthermore, the proposed signage was reviewed and approved by the Architectural Advisory Committee to ensure the finished product is a high-quality design. Section 3: The City Council approves an amendment to Case Number 5.0982, amending Planned Development District 290 to establish a Special Sign District for temporary and permanent signage only as shown on the development plans attached to the City Council Staff Report dated July 18, 2007 and included herein by reference, and subject to the Conditions of Approval attached hereto as Exhibit A. ADOPTED THIS 187H DAY OF JULY, 2007. David H. Ready, C onager ATTEST: ?mes Thompson, City Clerk Resolution No. 21973 Page 3 ' CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21973 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 July 18, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tern Pougnet and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. ABSTAIN; None. Imes Thompson, City Clerk ity of Palm Springs, California Resolution No. 21973 Page 4 ' EXHIBIT A Case No. 5.0982 — PD-290 Amendment (SP 06-114) SunCal Companies 801 Sunrise Parkway ("Avalon") CONDITIONS OF APPROVAL July 18, 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. 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 06- 114). 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 seftle or abandon the matter without the applicant's consent but should it do so, the City Resolution No. 21973 Page 5 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. 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. Option A of the Construction Fence Wrap exhibit is not permitted as part of this approval. 8. 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. 9. Ninety (90) days following issuance of the last Certificate of Occupancy for phase two of the Planned Development District, all signs approved as part of this District shall be removed except the three project monument entry signs and the monument recreation center sign. Building Department ' 10. Prior to any construction on-site, all appropriate permits must be secured. Resolution No. 21973 Page 6 ' Fire Department 11. 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