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HomeMy WebLinkAbout25177RESOLUTION NO. 25177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED "WHIMSICAL MID-CENTURY PALM SPRINGS" LOCATED ON THE EAST ELEVATION OF A COMMERCIAL BUILDING, LOCATED AT 310 NORTH PALM CANYON DRIVE (CASE MUR 2023-0003). WHEREAS, Josef Jonathan of Via Canyon Fund, 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 art mural titled "Whimsical Mid -Century Palm Springs" located on the east (parking lot -facing) elevation of a commercial building, located at 310 North Palm Canyon Drive, Zone CBD (Case MUR 2023-0003) ("Application"). WHEREAS, on December 20, 2023, the Public Arts Commission considered the application at a meeting and voted 6-0 (1 absent) to recommend approval of the Application by the City Council. WHEREAS, on January 11, 2024, 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. The 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 art mural is installed on the east elevation (parking lot -facing) of the building which is approximately 20 feet in height. The painted art mural does not extend beyond the top of the building, and it meets this requirement. Resolution No. 25177 Page 2 c. No part of a mural shall extend more than six (6) inches from the plane of the I wall upon which it is tiled, painted, or affixed. The art mural does not project beyond the wall surface on which it will be painted; 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 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 residential structure and accessory structures. The art mural will be installed on the rear elevation wall of a commercial multi - tenant building; 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. There are existing wall lights that will remain. No new exterior lighting fixtures are proposed 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 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 art mural via an Art Mural application, Case MUR 2023-0003. With City Council approval, the project meets this requirement. 1 Resolution No. 25177 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 MUR 2023-0003 for an art mural installation on the east (parking lot -facing) elevation of a commercial building located at 310 North Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 11T" DAY OF JANUARY 2024. ATTEST: B11 1,4 J4� � renda Pree, City Clerk 1 ZA_ "4� Scott C. Sties, City Manager Resolution No. 25177 Page 4 CERTIFICATION , 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. 25177 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 January 11, 2024, by the following vote AYES: Councilmembers Garner, Holstege, Middleton; Mayor Pro Tem deHarte; and Mayor Bernstein NOES: None ABSENT: None RECUSED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this -�2` day of January 2024. 114 �L renda Pee, MMC, CERA, City Clerk ' City of Palm Springs, California I I Resolution No. 25177 Page 5 EXHIBIT A Case MUR 2023-0003 Art Mural: "Whimsical Palm Springs" 310 North Palm Canyon Drive January 11, 2024 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. Proiect Description. This approval is for the project described per Case 20-001 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 MUR 2023-0003. 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. 25177 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. 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 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), 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 orwith 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 new 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 to the Planning Department 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). END OF CONDITIONS 1