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HomeMy WebLinkAbout24307 RESOLUTION NO. 24307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. SP 06- 114 AMND TO AMEND A PREVIOUSLY APPROVED SPECIAL SIGN DISTRICT FOR THE MIRALON RESIDENTIAL PROJECT LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF SUNRISE WAY, CASE SP 06-114 AMND, ZONE PDD 290, SECTION 35. THE 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; and B. On July 18, 2007, the City Council approved a proposed special sign district consisting of three permanent entry signs and temporary signage for the Miralon residential and golf course project; and C. The Freehold Communities, LLC, (the "Applicant') has filed an application with the City to amend the Special Sign District, Case SP 06-114-AMND pursuant to the provisions of Section 93.20.05(C) (8) of the Palm Springs Zoning Code; and D. On September 26, 2017, a public meeting on the proposed amendment to SP 06-114 was held by the City Council in accordance with applicable law; and E. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the amended special sigh district, including but not limited to the staff report and all written and oral testimony presented; and 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: 9. 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. 24307 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 believes that the proposed amended permanent signs are consistent with the goals of the General Plan and will further enhance its provisions and goals. The design, size and locations of the signs will aid circulation and movement into the large-scale residential development. The four monument signs will be placed in highly visible locations to serve visitors and future residents of the Miralon development. The new sign design compliments the contemporary themes of the recently amended architectural design of the residences within the Miralon development. 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 06-114-AMND / 5.0982 — PDD 290) with conditions as outlined in attached Exhibit "A." ADOPTED THIS 261" DAY OF SEPTEMBER, 2017. David H. Ready, Esq., Phi City Manager ATTEST: Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24307 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24307 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 26th day of September, 2017 by the following vote: AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: Councilmember Mills ABSTAIN: None RECUSED: None Kathleen D. Hart, MMC Interim City Clerk EXHIBIT A Case No. SIP 06-114-AMND / 5.0982 — PD-290 Miralon Palm Springs CONDITIONS OF APPROVAL September 26, 2017 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 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. 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 Resolution No. 24307 Page 2 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 four project monument entry signs and the secondary resident only monument entry sign. 10. The proposed monument sign at the intersection of North Indian Canyon Drive and Sunrise Parkway shall be subject to review by the Engineering Department to ensure that the intersection visibility is not obstructed by the sign. 11. The Engineering Department shall verify the location of the other signs as well to determine that they are not blocking drivers' visibility at the intersections. Building Department 12. Prior to any construction on-site, all appropriate permits must be secured. Resolution No. 24307 Page 3 Fire Department 13. 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