HomeMy WebLinkAbout24940RESOLUTION NO. 24940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN ART
MURAL BY ARTIST MICHAEL ANGELO HERNANDEZ ON
THE SOUTH WALL OF THE TOWN & COUNTRY COMPLEX
AT 169 NORTH INDIAN CANYON DRIVE (CASE 21-003
MUR).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. The Palm Springs Police Officers' Association ("Applicant") submitted an Art Mural
Application for a mural on private property pursuant to Chapter 5.81 of the Palm Springs
Municipal Code (PSMC), to be installed on the existing building at 169 North Indian
Canyon Drive, CBD Zone (Case 21-003 MUR, "Application").
B. On September 30, 2021, the City Council considered the Application at a public
meeting in accordance with applicable law.
C. The project has been determined to be exempt from further environmental review
pursuant to Section 15301 ("Existing Facilities") of the California Environmental Quality
Act (CEQA) Guidelines, due to the fact that the alteration to the structure will not result in
an expansion of an existing or former use, and that the alteration will not result in a
substantial adverse change to the historic resource.
D. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the Application, including, but not limited to, the staff report,
and all written and oral testimony presented.
E. Pursuant to PSMC Section 5.81.060 ("Regulations"), the City Council finds as
follows:
a. Any alteration to an approved mural shall require approval in accordance with the
procedures listed in Section 5.81.040.
The proposed art mural is subject to the conditions of approval stated in Exhibit A
of the attached Resolution, which require adherence to this requirement.
b. No part of a mural shall exceed the height of the structure to which it is tile, painted
or affixed.
The art mural is located on the fagade of an existing structure, and does not extend
above the height of the wall.
c. No part of the mural shall extend more than six (6) inches from the plane of the
Resolution No. 24940
Page 2
wall upon which it is tiled, painted, or affixed.
The mural has been painted directly on the face of the building, and does not
extend from the face of the wall.
d. Unless otherwise authorized by City Council upon making findings of no resulting
impacts, no mural may consist of, or contain, electrical or mechanical components,
or changing images (moving structural elements, flashing or sequential lights,
lighting elements, or other automated methods that result in movement, the
appearance of movement, or change of mural image or message, not including
static illumination turned off and back on not more than once every 24 hours).
The mural does not contain any electrical or mechanical components or changing
images.
e. No mural shall be placed on a lot that is improved with only one single-family
residential structure and accessory structures.
The art mural is located on a commercial property.
f. No mural shall be arranged and illuminated in a manner that will produce light
intensity of greater than three foot candles above ambient lighting, as measured
at the property line of the nearest residentially zoned property.
No direct illumination has been proposed for the mural, and does not face any
residentially zoned properties.
g. Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
The mural does not consist of any printed images.
h. A mural shall not be created without the final authorization of the Palm Springs City
Council.
The mural has been partially installed; pursuant to PSMC Section 5.81.070(b),
approval of this application by the City Council will resolve the issue of
unauthorized installation.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE 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.
Resolution No. 24940
Page 3
SECTION 2. That the City Council hereby approves Case #21-003 MUR for an art
mural on the south elevation of the Town & Country complex at 169 N. Indian Canyon
Drive, subject to the conditions of approval attached herein as Exhibit A.
ADOPTED THIS 30TH DAY OF SEPTEMBER, 2021.
r
JUSTIN LIFTON, CI MANAGER
ATTEST:
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24940 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 September 30, 2021, by the
following vote:
AYES:
Councilmembers Garner,
Mayor Holstege
NOES:
None
ABSENT:
None
ABSTAIN:
None
Kors, Woods, Mayor Pro Tern Middleton, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this `2_ 1� day of I �t I
Anthony J. *jia, ity Clerk
City of Palmj8prings, California
Resolution No. 24940
Page 4
EXHIBIT A
Case 21-003 MUR
Art Mural: Memorial to Gil Vega and Lesley Zerebny
169 N. Indian Canyon Drive
September 30, 2021
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the Director of Planning Services, the Director of Building and Safety,
or the Director of Community and Economic Development, 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 CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case 21-
003 MUR, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved application, on file in the Development
Services Department, except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Development Services Director or designee may
approve minor deviations to the project description and approved plans in
accordance with the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. 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 21-001 MUR. 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
Resolution No. 24940
Page 5
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 6. Covenant. The covenant shall be delivered to the Office of the City Clerk for
recordation in a form approved by the City Attorney, unless otherwise waived. The
covenant shall provide that the mural will be installed and maintained at all times
in full compliance Chapter 5.81 of the Palm Springs Municipal Code. In addition,
the covenant shall remain in force for as long as the mural exists.
ADM 7. Maintenance Plan. The Palm Springs Police Officers' Association, the property
owner(s), or any successors and assignees in interest shall maintain and repair
the mural in accordance with the maintenance plan approved in conjunction with
this application. This condition shall be included in the recorded covenant
agreement for the property as required by the City.
ADM 8. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances may result in proceedings to revoke
T the approval. In addition, violations of the City Codes and Ordinances will result
in enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with law.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Lighting. There shall be no direct illumination of the art mural. If proposed, the
illumination shall be submitted for review by the Planning Services Department for
conformance to Chapter 5.81 of the Municipal Code prior to installation.
PLN 2. Removal of Mural. Should the mural be removed in the future, the property owner
shall submit a Minor Architectural Review application for approval prior to
repainting the building.
PLN 3. Alterations. Any alteration to the approved art mural shall be reviewed and
approved in accordance with Palm Springs Municipal Code Section 5.81.060(a).
PLN 4. Covenant. A covenant shall be executed and delivered to the Office of the City
Clerk for recordation in a form approved by the City Attorney, unless otherwise
waived. The covenant shall provide that the mural will be installed and maintained
at all times in full compliance with this Chapter. In addition, the covenant shall
remain in force for as long as the mural exists.
END OF CONDITIONS
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