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HomeMy WebLinkAbout1H OCRCITY COUNCIL STAFF REPORT DATE: March 11, 2021 CONSENT SUBJECT: REQUEST BY DESERT X FOR APPROVAL OF AN ART MURAL AT THE NORTHWEST CORNER OF A COMMERCIAL SITE LOCATED AT 201 NORTH PALM CANYON DRIVE (CASE 21-001 MUR). FROM: BY: SUMMARY David H. Ready, City Manager Development Services Department This is a request for the City Council to consider the approval of a mural on private property in accordance with Chapter 5.81 of the Palm Springs Municipal Code. The mural, entitled Finding Home in My Own Flesh by artist Felipe Baeza, is proposed on the southerly wall adjacent to pedestrian entry of the Hyatt Hotel. RECOMMENDATION: Adopt a resolution entitled, "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)." BACKGROUND: The Public Arts Commission held a public hearing on the application and unanimous! approved the application. rrBMN0. ..... 1iiiiiiiiia--*- 2City Council Staff Report March 11, 2021 --Page 2 Case 21-001 MUR Subject Commercial/Office Property North Resort Hotel South Commercial/Retail East Commercial/Retail West" Parking Lot (Central Business (Central Business District) District) CBD CBD CBD CBD CBD CBD CBD CBD The proposed mural will be located on a southerly wall adjacent to the pedestrian entry of the Hyatt hotel. While the proposed location is on an accessory structure that appears as part of the hotel building, it is located on the property of three-story commercial at 201 N. Palm Canyon Drive and will be visible to pedestrians walking between the hotel and commercial buildings. The mural will be painted on an existing stucco wall with an approximate size of 14 feet high by 48 feet wide. The artist is Felipe Baeza. Additional background on the artist is provided in Attachment 3. The Art Mural Application and related materials is available in Attachment 4. ART MURAL REGULATIONS AND REQUIREMENTS: This Art Mural Application is subject to the criteria in Chapter 5.81 ("Art Murals on Private Property") of the Palm Springs Municipal Code (PSMC). In accordance with PSMC Section 5.81.040, the Development Services Department mailed a notice on February 22, 2021 to all property owners within 500 feet of the subject site, notifying that the Public Arts Commission would consider the mural at a public meeting on March 4, 2021. At the time of the writing of this report, the Public Arts Commission's meeting hadn't occurred. The Commission's decision will be forwarded to City Council in advance of the March 11th Council meeting. The Municipal Code provides additional standards and regulations for art murals in Section 5.81.060 ("Regulations"). Staff analyzed the proposal in accordance with these requirements below: 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. 3City Council Staff Report March 11, 2021 -Page 3 Case 21-001 MUR 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. 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 this report. 4City Council Staff Report March 11 , 2021 --Page 4 Case 21-001 MUR CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The project proposes a minor alteration to an existing structure. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, activities such as the proposed project are Categorically Exempt under Section 15301 ("Existing Facilities"). CONCLUSION: The proposed project is generally consistent with the regulations stated in Palm Springs Municipal Code Section 5.81.060 ("Regulations") that are required for art murals located on private properties. The Public Arts Commission has reviewed and provided a recommendation to City Council. Staff recommends approval of this mural as submitted. SUBMITTED: Development Services Director David H. Ready, Esq., P City Manager Attachments: 1. Vicinity Map 2. Draft Resolution 3. Artist Background 4. Mural description and image Marcus L. Fuller, MPA, P.E., P.L.S. 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Palm Canyon Drive I ~ f 6RESOLUTION NO. --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. 7Resolution No. Page2 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 fumed 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. 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 8Resolution No. Page 3 the property at 201 N. Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 11TH DAY OF MARCH, 2021. ATTEST: Anthony J. Mejia, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) David H. Ready, Esq., Ph.D. City Manager CERTIFICATION I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. __ 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 _________ _ by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of _________ _ Anthony J. Mejia, MMC City Clerk 9Resolution No. Page4 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 10Resolution No. Pages 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 11Finding Home In My Own Flesh Finding Home In My Own Flesh is a ceramic tile mural work by Mexican-born, NV-based artist Felipe Baeza. The work, informed by the artist's research into lesser-known histories of the Coachella Valley, acknowledges the locale as both a border region and a queered space, and honors the lives and stories of immigrants and queer people of color who have been an integral part of the Valley's story for generations. Conscious of an urgency to reimagine the ways we memorialize in America, this work broadly pays tribute to communities that are too often left out of history and the monuments that remind us of it. The image depicts two hands cradling a complex network of vines and flowers, gesturing to a subject that while not physically visible is always present and blossoming amongst us. A solemn nod to the many we have lost as a result of deep histories of structural inequity, the work draws our attention to an absence but also to the fruitful promise of those who are now growing into their roles as seekers of equality and justice. The work, which will mark the artist's first major public artwork is being produced in one of Mexico's most renowned ceramic workshops and is meant to become a permanent addition to the City of Palm Springs. ABOUT THE ARTIST Felipe Baeza's practice challenges violent pasts and pays tribute to people whose sense of personhood is litigated and defined by those in power. His images of collaged "fugitive bodies" appear in different states of becoming and at times are even abstracted to the point of invisibility to remind us of historical acts of erasure. Felipe is one of the US's most renowned Latinx artists and his work has been included in exhibitions at museums and galleries around the globe. A graduate of Yale's MFA Program, his work is part of some of the most important private and public collections in the US and abroad. He lives and works in Brooklyn, NY. 12I t CITY OF PALM SPRl~GS PLANNING DEPARTMENT APPLICATION ART MURAL ART MURAL APP-l.,ICATIO~ # ~1~m . PIIP'frti?--a painting or artwork temporarily or permanently affbced to a buHding wall, frHstanalng wan, or fence, on a com_msri:lal, Industrial, or multi-fa,mily buldfng, visible to a public right-of-way distinguished from slgnage in that it does not advertise a business, commerolal endeavor, or product sold or offered on the site or offBite. Applicant's Name! _D_e_s_e_rt_*----------------......... -------·. Applicant's Address: . 303 N l_ndian CaQyo~, l?rjv~ _ _ Phone#: 60~Q~ e_§Q.~3Q$4 . -Emaff: Jasa@desertx.org Site Addf,ss: 201 N Pa!m Ca~ Dr, -:91m Springs, CA 92282 Site APN:::_5_~_3_5_6_._0_0_7_~ 8 ________ . Property Owner: Michael Bra~n P.hone #. 760-641 ~946 Property Zone; CU Sec: .15 Twp: 45 Range; _4_1; __ _ Title of Mural: Pind'ing''· Heme In My 0wn Flesh Description of Mural:· The mural will be made of ceramic tiles. It is primarily pi1fi>t~ a_~~ black with flowered vi.nes and · ~ out-stretched hands. , Proceduiw: An application for an Ait Mural Permit shall be submitted to the Qepartment of Pl-.nnlng Services , in compliance with all requiremen1s of Section 5.81 of the Municipal Code and Section 93.20.03 of the Palm · Springs Zoning Code. This application shall tie accompanied by the foliowing: 1. A processing fee of $950, plus Notification fee of $476.00. 2. Detailed drawings~~ .color samples or photograph of sufficient descriptive clarity to indicate the nature of the mural including background Information about the artist. 3. Detailed site plan,showing the location· of-the mural in relation to immediate vicinity. 4. Photos of proposed mu~I ~p~n showing properties immediately adjacent to site. 5. Justification Letter. 6. Notice labels for all property owners within 500-feet from mural site. 7·. Covenant agreement by property owner to be recorcjed. 8. Maintenance plan guaranteeing the mural be mainta,.ined in a first cl•~ appearance to the satlsfa~ion of the ·City, includl~ protection 9,t~~~ ;· ~~· 'ral againt · /r¾ir· I defacement, ~r: alteralioo. .,.~•~) ... ~.:i:-r ,,fl'j,,. · .·. " ~ O,f ---,-~ --• -,t::•1 ••~ UA ,._ ..... , .. ,., 1 ltr~ -... -...... , 13;~,, r: .•. :-,/" ..... ~ ,:: p. :::·i. •••.• J~ i ~ ,/ ---- EXISTING EXIT PLAN ! 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TOTAL ocarANr LOAD lQU4L TO ~nsr OCO,AKT LOMJ ntOtf ANY 5IIIGU LJ!'Yft AOO~ f"lU, c,eATJ!'.ST OCCU/1'AIIT LOAD f'ltO,, ANY .SOIG,UL!'V!l eELDa. I. u.cH EX1T ACa'SS DOOlf f'OIVf All l#TBttDlt IIOOtf Off~ TD A COlfff:JOlt Oil HAUG4Y THAT,., ffOUl/tEO ro HAVE A V1.SC.IAL f,OT '1GII. .5HALL tJE ~NTPIED ar A TM:1'1.f EKIT ~ •TH THI lltMD.S. :D!JI.ARJIIC. 12. Y.CH EKIT DOOR THttOUGH A HOIIJZONTAL DOT .SHALL M OENTll'fE0 ar A :uGN •rH THJ!'e1tD5.~. 0. DIDI~ fc,ft'5-CONTlfOL MVJCe Aft!!' U.SS,. THSIJ!' !HALL M ~VIDEO A TACTILE !JIC,M I# 811.AJLU AND ltAl.9BJ CHAlfACn11, LOCATED •THIN a o, TH6 ,.AIM: l!IAR °" or~• 000,, LATCHING HAltOIIA/tt .STA1W(;, ~ ""5HING nu OOOII ., Ol¥N IN S .sECON@ ALARlf lfLL 50UND•. Alli: SANIBORN ARCHITECTURE CML ENGINEERING ~D SURVEYING 11-1•0 MIi .JACINTO Olf. eu>G. •• _,. ltANCNO l'IIIIAGL CA. U .'10 r~, """ fJ,-otOO ,.AX IUOJ fZ,"'"°'tl_J_ ,-/IIOJ~CT TITL., I , Palm Sprmgs, Ca. 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