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HomeMy WebLinkAbout22095 - RESOLUTIONS - 11/14/2007 RESOLUTION NO. 22095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.0984, PD 291-A, AMENDING PLANNED DEVELOPMENT DISTRICT 291 FOR THE ESTABLISHMENT OF A SIGN DISTRICT (SP 07-083) FOR THE SPRINGS SHOPPING CENTER, LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL AND EAST RAMON ROAD, ZONE M-1-P, SECTION 17. 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, Excel Property Management (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 291 to establish a Special Sign District for permanent and temporary signage; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider an amendment to Case Number 5.0984 consisting of an amendment to Planned Development District 291, was given in accordance with applicable law; and WHEREAS, on July 23, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed project and recommended approval to the City Council; and WHEREAS, on November 14, 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: Pursuant to the California Environmental Quality Act (CEQA), the project is Categorically Exempt under Section 15311(a)(Accessory Structures). 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 No. 22095 Page 2 Objective — 3.10 — The continuation of existing and development of new commercial uses which serve the everyday needs of the City's residents and visitors and provide employment for the City's residents and the greater region. Objective — 3.12 — The development of commercial facilities as integrated, attractive "centers", with adequate parking, organized traffic movement for motorists, and safety and convenience for pedestrians. The sign district will support the development and success of a new commercial center by creating an identification district through the use of permanent main signage as core identity to the entrances of the development. The sign district will also allow tenants to be easily identified within the commercial center which will provide for organized traffic movement for motorists, and safety and convenience for pedestrians. Furthermore, the proposed signage was reviewed and recommended for approval 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 5.0984, amending Planned Development District 291 to establish a Special Sign District (SP 07- 083) for permanent and temporary signage, subject to the Conditions of Approval attached hereto as Exhibit A. ADOPTED THIS 14T" DAY OF NOVEM BER, 2007. David H. Ready, City ger ATTEST: mes Thompson, City Clerk Resolution No. 22095 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. 22095 is a full, true and correct copy, and was duly adopted at an adjourned meeting of the City Council of the City of Palm Springs on the 14«' day of November, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None- ABSENT: None. ABSTAIN: None. Opies Thompson, City Clerk 1 t!fgoJZQo-1 y of Palm Springs, California Resolution No. 22095 Page 4 EXHIBIT A Case No. 5.0984— PD-291 Amendment (SP 07-083) Excel Property Management "The Springs" Northeast corner of Gene Autry Trail and East Ramon Road CONDITIONS OF APPROVAL November 14, 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. 21433 (PD-291) 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 5.0984 PD — 291 (SP 07- 083). 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 Resolution No. 22095 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. Planning Department Prior to any issuance of any sign permits, the following revisions to the sign district criteria must be completed to the satisfaction of the Director of Planning Services: 5. The following revisions shall replace the sub-bullets in Section F.1.A.1 "Main Wall Sign" of the Anchor Tenant's Wall Signs: One main sign may be allowed on the primary (south) elevation, provided that: a. The sign does not exceed 440 square feet; b. The sign is not more than six feet in height; and 6. The following revisions shall replace the sub-bullets in Section FIB "Secondary Elevation Signs" of the Anchor Tenant's Wall Signs: One main wall sign may be allowed on the secondary (east, or as determined by the Director of Planning Services) elevation, provided that: a. There is one lineal foot of lease space frontage per square foot of sign area; b. The sign does not exceed 200 square feet; and 7. Revise F.2.A "Primary Wall Sign" text to read "Primary Elevation Signs". 8. Revise F.2.13 "Major Tenant with secondary elevation" text to read "Secondary Elevation Signs". 9. The following revisions shall replace Section F.2.A.1, "Main Wall Signs" of the Major Tenant's Wall Signs: a. Tenant will be allowed 1.5 square feet of sign area per each lineal foot of lease space frontage with a maximum of one main wall sign for their primary elevation. b. The length shall not exceed 75% of tenant's leased premises adjacent to storefront. Resolution No. 22095 Page 6 10. The following revisions shall replace Section F.2.13, "Secondary Elevation Signs" of the Major Tenant's Wall Signs: a. Tenant facing a street or parking lot will be allowed 1.5 square feet of sign area per each lineal foot of lease space frontage with a maximum of one main wall sign for their secondary elevation. b. The length shall not exceed 75% of tenant's leased premises adjacent to storefront. 11. Revise F.3.A "Primary Wall Sign" text to read "Primary Elevation Signs". 12. The following revisions shall replace Section F.3.A, "Primary Elevation Signs" of the Sub Major Tenant's Wall Signs: a. Tenant facing a street or parking lot will be allowed 1.5 square feet of sign area per each lineal foot of lease space frontage with a maximum of one main wall sign for their secondary elevation. b. The length shall not exceed 75% of tenant's leased premises adjacent to storefront. 13. The following revisions shall replace Section F.3.13 "Secondary Elevation Wall Signs" of Sub Major Tenant Signs: a. Tenant facing a street or parking lot will be allowed 1.5 square feet of sign area per each lineal foot of lease space frontage with a maximum of one main wall sign for their secondary elevation(s). b. The length shall not exceed 75% of tenant's leased premises adjacent to storefront. 14_ Revise the first sub-bullet of F.4, "Pad Tenant that are food uses and have drive thru windows will be allowed menu boards and directional signage." text to read "Pad Tenants that are food uses and have drive thru windows will be allowed one (1) menu board." 15. Remove the following text from the second sub-bullet of F.4: "preview menu board and". 16. Revise the following text from the fourth sub-bullet of F.4, "Pad Tenant may not have more than four directional" to read "Pursuant to Section 93.20.10(B)(1) of the Palm Springs Zoning Code, Pad Tenants may have directional signage as deemed necessary by the Director of Planning Services." 17. Replace the first sub-bullet of GA and G.2 with the following statement: "The square footage of the each monument sign may not exceed 144 square feet in sign area (including "The Springs" text)." 18. Replace the second sub-bullet of GA and G.2 with the following statement: "The overall height (excluding block pylon feature) may not exceed twelve feet in height." Resolution No. 22095 Page 7 19. Remove the following paragraph from Section H. "Anchor Tenants (100,000 square feet or more of Lease Space) shall be permitted to place upon each entrance of its premises, decal application signage not to exceed 50% of the total glazing area, indicating hours of operations, emergency telephone numbers, tenant identification and other similar information." 20. Remove H.1.a as a subcategory of H.1 and replace as a category in H. 21. Add the following as a subcategory of H. "Each tenant within the Springs shopping Center 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." 22. All exhibits shall be revised to reflect all Conditions of Approval above. Building Department 23. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS