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HomeMy WebLinkAbout25074RESOLUTION NO. 25074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AFTER - THE -FACT ART MURAL TITLED "SOFIA'S TRANSFORMATION" LOCATED ON THE EAST ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR). WHEREAS, Ben Wolff of Via Onera Soledad, LLC ("Applicant") has filed an Art Mural application with the City pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the approval of an after -the -fact art mural titled "Sofia's Transformation" located on the east (parking lot -facing) elevation of the perimeter wall at a hotel, Spirit of Sofia, located at 1491 South Via Soledad, Zone R-2/R-3 (Case 22-001 MUR) ("Application"). WHEREAS, on October 19, 2022, the Public Arts Commission considered the application at a meeting and voted 4-1 (Abstain: Faveau) to recommend approval of the Application by the City Council. WHEREAS, on December 5, 2022, the City Council considered the Application at ' a regularly scheduled public meeting in accordance with applicable law. WHEREAS, the application is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is exempt from further environmental review pursuant to Section 15301 ("Existing Facilities") of the CEQA Guidelines. WHEREAS, 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. WHEREAS, pursuant to Palm Springs Municipal Code Section 5.81.060 ("Regulations"), the City Council finds as follows: a. Any alteration to an approval mural shall require approval in accordance with procedures listed in Section 5.81.040. This Art Mural application is for an after -the -fact art mural. The existing art mural is subject to the conditions of approval stated in Exhibit A of the attached draft resolution, which includes adherence to this requirement. As conditioned, the project meets this requirement. b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed. The after -the -fact art mural is installed on the east elevation (parking lot -facing) of the existing perimeter wall, which is approximately 5.8 feet in height. The Resolution No. 25074 Page 2 painted art mural does not extend beyond the top of the perimeter wall, and it meets this requirement. I 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 after -the -fact art mural is painted with acrylic -based paint, and it does not project more than six inches from the background wall. Therefore, it meets this requirement. 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 after -the -fact art mural is painted with acrylic -based paint, and it does not contain any electrical or mechanical components. Therefore, it meets this requirement. e. No mural shall be placed on a lot that is improved with only one single-family I residential structure and accessory structures. The after -the -fact art mural is installed on the perimeter wall of a hotel property; therefore, the project meets 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 lie of the nearest residential zoned property. The after -the -fact art mural is non -illuminated, and there is no proposal to install exterior lighting fixtures to illuminate the art mural as a part of this application. Therefore, the project meets this requirement. g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety. The after -the -fact art mural is hand -painted with acrylic -based paint; therefore, the project conforms to this requirement. h. A mural shall not be created without the final authorization of the Palm Springs City Council. The applicant is seeking approval of an after -the -fact art mural via an Art Mural ' application, Case 22-001 MUR. With City Council approval, the project meets this requirement. Resolution No. 25074 Page 3 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. SECTION 2. That the City Council hereby approves Case 22-001 MUR for an after -the -fact art mural installed on the east (parking lot -facing) elevation of the perimeter wall at a hotel, Spirit of Sofia, located at 1491 South Via Soledad, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 5TH DAY OF DECEMBER. 2022. Teresa Gallavan, Interim City Manager ATTEST: 14 ' ren a 04ee, City Clerk Resolution No. 25074 Page 4 CERTIFICATION I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25074 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 December 5, 2022 by the following vote: AYES: Councilmembers Holstege, Kors, Mayor Pro Tem Garner and Mayor Middleton NOES: None ABSENT: Councilmember Woods ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 23 day of 2 , �z01 // � Brenda Pree, MMC, City Clerk , City of Palm Springs, California