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Home My WebLink About22575 - RESOLUTIONS - 7/22/2009 RESOLUTION NO. 22575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO CASE NUMBER 5.0984, PLANNED DEVELOPMENT DISTRICT 291, AMENDING THE APPROVED SIGN DISTRICT (SI 07-083) FOR ADDITIONAL PERMANENT AND TEMPORARY SIGNAGE AT THE NORTHEAST CORNER OF RAMON ROAD AND GENF AUTRY TRAIL. 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, The Charles Company (the "Applicant") has filed an application (SP 09-003) with the City pursuant to Section 94.03.00(E) of the Palm Springs Zoning Code, for an amendment to Planned Development District 291 to allow additional temporary and permanent signage under the previously approved Special Sign District; and WHEREAS, on July 6, 2009, the Architectural Advisory Committee (AAC) reviewed the proposed project and recommended approval to the City Council; and WHEREAS, on July 22, 2009, a public meeting 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. Pursuant to the California Environmental Quality Act (CEQA), the project is Categorically Exempt under Section 15311(@)(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 provisions that are necessary or appropriate to implement general plan provisions and goals, as follows: Community Design Element Policy CD 10.2: Design signs that complement the architecture of the building without dominating it. Resolution No.22575 Page 2 Policy CD10.4; Encourage complementary yet distinctive signage within commercial centers. The proposed amendments will give the commercial shopping center better identification for motorists within the complex and City. The signage was recommended for approval by the Architectural Advisory Committee; the proposed signage will contribute to the visual quality of the City. CD10.5 Discourage the use of free-standing signs. When free-standing signs are necessary, encourage the use of vertical monument-style signs with consistent lettering, styles, and colors appropriate to the architecture of the commercial center of which they are a part. The one permanent free-standing sign proposed is a vertical monument-style sign that is consistent with the other monument signs in the commercial center with regard to materials and colors. Composition also matches. CD 18.6: Develop a consistent sign program that encourages distinctive and high-quality design within the overall theme of the retail center. Such a program should include style, scale, type, and placement of signage. The amendment will allow additional permanent signage (Wells Fargo monument sign and Jack in the Box preview menu board) that is consistent with existing signage approved. It will also allow temporary signage that is consistent, generally, with a future tenant— Bed, Bath & Beyond. SECTION 3. The City Council approves an amendment to Case Number 5.0984, amending Planned Development District 291-A to allow additional temporary and permanent signs under a Special Sign District as shown on the development plans attached to the City Council Staff Report dated July 22, 2009, and included herein by reference, and subject to the Conditions of Approval attached hereto as Exhibit A. ADOPTED THIS 22ND DAY OF JULY, 2009. c David H. Ready, City er ATTEST: es Thompson, City Clerk Resolution No.22575 Pape 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. 22575 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 22, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk �� City of Palm Springs, California / EXHIBIT A Case No. 5.0984-- PD-291 Minor Amendment (SP 09-003) The Charles Company "The Springs" Northeast corner of Gene Autry Trail and East Ramon Road CONDITIONS OF APPROVAL July 22, 2009 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 PSP 1. Prior to issuance of a building permit for the additional (preview) menu-board, the drive-through tenant (currently known as Jack-in-the-Box) shall submit a landscape plan to the Planning Department that will provide a four and one-half foot high planting screen in the planter on the south side of the building between the drive-through lane and the entry driveway to the shopping center. PSP 2. Prior to final sign-off of the preview menu-board (for Jack-in-the-Box), all landscaping must be installed per the approved plan noted in the above project specific condition — PSP 1. ADMINISTRATIVE CONDITIONS ADM 1. All conditions of City Council Resolutions No. 21433 and No. 22095 shall be in full force and effect, except as modified below. ADM 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. ADM 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 5.0984 PD — 291 (SP 09-003). 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. ADM 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. PLANNING DEPARTMENT PLN 1. Sixty (60) days following issuance of the Certificate of Occupancy for the Bed, Bath & Beyond, all signage approved as Addendum #3 (TEMPORARY 51GNAGE) shall be removed. BUILDING DEPARTMENT BLD 1. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS