HomeMy WebLinkAbout24689RESOLUTION NO. 24689
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN ART
MURAL ENTITLED "TRANSPLANT" ON THE NORTH
FAgADE OF THE PALM SPRINGS CULTURAL CENTER AT
2300 EAST BARISTO ROAD (CASE 19-004 MUR).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs Public Arts Commission ("Applicant") has commissioned
a mural on private property pursuant to Chapter 5.81 of the Palm Springs Municipal Code
(PSMC), to be installed on the north wall of the Palm Springs Cultural Center, Zone PD
(Case 19.004 MUR, "Application").
B. On November 26, 2019, the Public Arts Commission considered the Application at
a public meeting and voted unanimously to recommend approval to the City Council.
C. On (DATE), 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 proposed art mural is subject to the conditions of approval stated in Exhibit A
of the attached Resolution, 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 proposed art mural will be installed on the north -facing exterior wall of an
existing building. The design and size of the art mural correspond to the shape
and size of the north -facing building wall, and the top of the art mural will not extend
beyond the height of the structure.
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. 24689
Page 2
The proposed art mural will be painted on the existing wall and will 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 art mural will 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 proposed art mural will be installed on a non-residential property. The art
mural will be installed on the commercial building wall and is in conformance to
this requirement.
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 proposed art mural will have no direct illumination. The mural will face a
parking lot and will not affect any residentially -zoned property located within the
site's vicinity.
g. Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
The art mural will not consist of printed image and will include acrylic paint and
other paint -based materials.
h. A mural shall not be created without the final authorization of the Palm Springs City
Council.
The Public Arts Commission is seeking approval of the proposed art mural. With
City Council approval, the proposed project will meet this requirement.
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. 24689
Page 4
EXHIBIT A
Case 19-004 MUR
Art Mural: "Transplant"
2300 E. Baristo Road
DECEMBER 19, 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 19-004
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 (DATE), on file in the
Department of Planning Services, 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 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
19-004 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. 24689
Page 3
SECTION 2. That the City Council hereby approves Case 19-004 MUR for an art
mural on the south elevation of the existing building at 2300 E. Baristo Road, subject to
the conditions of approval attached herein as Exhibit A.
ADOPTED THIS 19TH DAY OF DECEMBER, 2019.
�J
David H. Ready, City Mana
ATTEST:
moony J. Mia, M
City Clerk
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. 24689 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 19t" day of December,
2019, by the following vote:
AYES: Councilmembers Middleton, Woods, and Mayor Kors
NOES: None
ABSENT: Councilmember Garner, and Mayor Pro Tern Holstege
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this -ldf day of ovioo 20zXz:'
v - �
nthony J. ,
City Clerk
Resolution No. 24689
Page 5
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.
Resolution No. 24689
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END OF CONDITIONS