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HomeMy WebLinkAbout24864RESOLUTION NO. 24864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL BY ARTIST FELIPE BAEZA ON THE SOUTHERLY WALL ADJACENT OF AN ACCESSORY STRUCTURE AT 201 NORTH PALM CANYON DRIVE (CASE 21-001 MUR). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Desert X ("Applicant") submitted an Art Mural Application for a proposed mural on private property pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC), to be installed at the northwest corner of a developed commercial property (on a southerly wall of an accessory structure) located at 201 N. Palm Canyon Drive, CBD Zone (Case 21-001 MUR, "Application"). B. On March 4, 2021, the Public Arts Commission considered the Application at a public meeting and voted unanimously to recommend approval to the City Council. C. On March 11, 2021, the City Council considered the Application at a public meeting in accordance with applicable law. D. The project is exempt from further environmental review pursuant to Section 15301 ("Existing Facilities") of the California Environmental Quality Act (CEQA) Guidelines. E. 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. F. Pursuant to Section 5.81.060 ("Regulations") of the Palm Springs Municipal Code, the City Council finds: 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, which requires adherence to this requirement. b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed. The art mural is proposed on an existing structure this is approximately eighteen feet in height. The proposed mural will be painted and extend to a height of approximately 14 feet in height. C. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted, or affixed. Resolution No. 24864 Page 2 The art mural will be painted on the existing wall and does not extend more than six (6") inches from the plane 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 proposed mural does not contain any electrical or mechanical components. 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 proposed 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. The art mural is not proposed with direct illumination, and will not face any residential properties. In event lighting is proposed, the applicant will be required to comply with the City's Outdoor Lighting Standards in Section 93.21.00 of the Zoning Code. g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety. The mural will not consist of any printed images. h. A mural shall not be created without the final authorization of the Palm Springs City Council. The proposed mural hasn't been installed as of the writing of the staff report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: 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. 24864 Page 3 SECTION 2. That the City Council hereby approves Case 21-001 MUR for an art mural on the south elevation of an accessory structure located at the northwest corner of the property at 201 N. Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 11TH DAY OF MARCH 2O21. David H. Ready, Esq., P . City Manager ATTEST: u Anthony e'ia, City Clerk Resolution No. 24864 Page 4 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. 24864 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 March 11, 2021, by the following vote: AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ':e► day of t_ .: , 2021. ti thony J. 'ia, MVIC City Clerk Resolution No. 24864 Page 5 EXHIBIT A Case 21-001 MUR Art Mural: "Finding Home in My Own Flesh" 201 N. Palm Canyon Drive March 11, 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 21-001 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 promptly notify the Resolution No. 24864 Page 6 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 Public Arts Commission, 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 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