Loading...
HomeMy WebLinkAbout23125 RESOLUTION NO. 23125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SPECIAL SIGN DISTRICT TO FACILITATE EXISTING AND PROPOSED SIGNAGE FOR THE FOUR AUTOMOBILE DEALERSHIPS LOCATED AT 3737, 3919, 4057 AND 4095 EAST PALM CANYON DRIVE. 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, VIP Motorcars LTD. (the "Applicant") has filed an application (Case No. SP 10-007) with the City pursuant to Section 93.20.05(C)(8) of the Palm Springs Zoning Code, for the establishment of a Special Sign District for the four automobile dealerships located at 3737, 3919, 4057 and 4095 East Palm Canyon Drive; and WHEREAS, on April 11, 2012, the Architectural Advisory Committee (AAC) reviewed the proposed project and recommended conditional approval to the City Council; and WHEREAS, on April 18, 2012, 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(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 provisions that are necessary or appropriate to implement general plan provisions and goals, as follows: Resolution No. 23125 Page 2 The subject properties have a General Plan Land Use Designation of Regional Commercial which is described as follows: Regional Commercial areas are intended to provide for large-scale commercial uses that serve an area larger than the City boundaries. Allowable uses include department stores, theatres, and restaurants. Uses such as automobile dealerships that have a regional draw are also included in this land use designation. These uses are generally located in areas that will benefit from a higher level of exposure to residents located outside of the City, such as properties located on Ramon Road adjacent to the City limits and selected properties adjacent to the 1-10. The Special Sign District is for automobile dealerships that have a regional draw but are not located adjacent to 1-10 or the City limits. The proposed Sign District would enable some deviations that will enable better exposure to these large-scale commercial uses. This would further implement the General Plan Goal LU1.5 which states, "Allow for flexible development standards provided that the potential benefits and merit of projects can be balanced with potential impacts." SECTION 3. The City Council approves, Case No. SP 10-007, to establish a Special Sign District for existing and proposed signage for the four automobile dealerships located at 3737, 3919, 4057 and 4095 East Palm Canyon Drive, subject to the Conditions of Approval attached hereto as Exhibit A. ADOPTED THIS 181" DAY OF APRIL, 2012. David H. Ready, Cit er ATTEST: ?James Thompson, City Clerk Resolution No. 23125 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. 23125 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 18T" day of April, 2012, by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs, California °&I04-1 tz- Resolution No. 23125 Page 4 EXHIBIT A Case No. SP 10-007 VIP Motorcars Sign District 3737, 3919, 4057 and 4095 East Palm Canyon Drive CONDITIONS OF APPROVAL 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. Administrative ADM 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. ADM 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 No. SP 10-007. 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. 23125 Page 5 Planning Department PLN 1. The Hyundai blue box shall be revised and reviewed by an Architectural Advisory Committee subcommittee. The subcommittee shall make a recommendation to the Director of Planning Services for final action. PLN 2. Each dealership may be allowed window signage at each pedestrian entrance that is consistent with Section 93.20.05(B) (2) of the Palm Springs Zoning Code. PLN 3. Each dealership may be allowed temporary signage consistent with Section 93.20.08 of the Palm Springs Zoning Code. PLN 4. Any modifications to signage shall be reviewed by the Director of Planning Services. Should the Director determine the modifications are significant; an amendment to this sign district shall be required. Building Department BLD 1. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS