HomeMy WebLinkAbout24542RESOLUTION NO. 24542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON AN
EXISTING SCREENING WALL ON THE PALM SPRINGS HOTEL
ADJACENT TO THE WEXLER'S @ ARRIVE RESTAURANT AT
1551 NORTH PALM CANYON DRIVE, CASE 18-005 MUR.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Palm Grove Group, LLC ("Applicant") has filed an application with the City pursuant
to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the approval of an art
mural installation on an existing screening wall on the North Palm Canyon Drive frontage
at the ARRIVE Palm Springs hotel adjacent to Wexler's @ ARRIVE Restaurant at 1551
North Palm Canyon Drive, Zone C-1/R-3 (Case No. 18-005 MUR) ("Application").
B. On November 29, 2018, the Public Arts Commission considered the application at
a meeting and voted 3 (in favor) -2 (opposed) -1 (abstained) to recommend approval to
the City Council.
C. On January 9, 2019, 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 art mural is subject to the condition of approval stated in Exhibit A of the
attached Resolution (PLN 3), 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 meets this requirement because the top of the art mural is positioned
approximately three (3) inches below the top of the 4.5-foot-high screening wall in
the back.
Resolution No. 24542
Page 2
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.
The art mural meets this requirement because the overall projection of the art
mural is 2.5 inches from the screening 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 art mural meets this requirement because it is hand -painted with Acrylic paint,
and it 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 meets this requirement because it is installed on a non-residential
property.
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 non -illuminated art mural is installed on the concrete screening wall, which
faces a sidewalk planting bed. The planting bed is designed with ground -mounted
lighting fixtures that are intended to illuminate the landscape. Because of the
proximity of the art mural to the landscape lighting fixtures, a condition of approval
is included in Exhibit A of the attached Resolution (PLN 1), which requires the art
mural to conform to this requirement.
g. Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
The art mural meets this requirement because it will be hand -painted with Acrylic
paint.
h. A mural shall not be created without the final authorization of the Palm Springs City
Council.
The applicant is seeking approval for an after -the -fact art mural. With City Council
approval, the project meets this requirement.
Resolution No. 24542
Page 3
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
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.
That the City Council hereby approves Case 18-005 MUR for an art mural on an existing
screening wall on the North Palm Canyon Drive frontage at ARRIVE Palm Springs hotel
adjacent to Wexler's @ ARRIVE Restaurant 1551 North Palm Canyon Drive subject to
the conditions of approval attached herein as Exhibit A.
ADOPTED THIS 9T" DAY OF JANUARY, 2019.
David H. Ready, Esq.,
City Manager
ATTEST:
n.,4
n o n y J. ia, M
City Clerk
Resolution No. 24542
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. 24542 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 9th day of January, 2019,
by the following vote:
AYES:
Councilmembers Holstege,
Mayor Moon
NOES:
None
ABSENT:
None
ABSTAIN:
None
Middleton, Roberts, Mayor Pro Tern Kors, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of 2r-, iC,-%
hony J. ji
City Clerk
Resolution No. 24542
Page 5
EXHIBIT A
Case 18-005 MUR
Untitled Art Mural by Gregory Siff
ARRIVE Palm Springs Hotel / Wexler's @ ARRIVE Restaurant
1551 North Palm Canyon Drive
January 9, 2019
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 18-005
MUR, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped October 25, 2018 on file in
the Department of Planning Services, except as modified by the conditions
below.
ADM 3. Conform to all Codes and Requlations. 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 Director of Planning 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
18-005 MUR. The City of Palm Springs will promptly notify the applicant of any
Resolution No. 24542
Page 6
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.
ADM 6. Covenant. The owner of the property on which the mural is installed shall
execute and deliver to the Office of the City Clerk a covenant for recordation in
a form approved by the City Attorney. 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 property owner(s) and 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 Illumination of the art mural. The existing landscape
lighting fixtures shall be properly shielded and positioned, or shall be not
illuminated to ensure that it will not produce light intensity of greater than three
(3) foot candles above ambient lighting as measured at the property line of the
nearest residentially zoned property per Palm Springs Municipal Code Section
5.81.060(f).
PLN 2. Removal of Mural. Should the mural be removed or the building be repainted
in the future, the property owner shall submit a Minor Architectural Review
application for approval prior to repainting the building.
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Page 7
PLN 3. Any alteration to the approved art mural shall be reviewed and approved in
accordance with Palm Springs Municipal Code Section 5.81.060(a).
END OF CONDITIONS