HomeMy WebLinkAbout25207' RESOLUTION NO.25207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN ART
MURAL TITLED "PALM SPRINGS WELCOMES YOU"
LOCATED ON THE REGIONAL CONCOURSE WALL
WITHIN THE PALM SPRINGS INTERNATIONAL AIRPORT
LOCATED AT 3400 EAST TAHQUITZ CANYON WAY (CASE
MUR 2024-0002). 1
WHEREAS, Logan Adair ("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 "Palm Springs Welcomes You" located on the Regional
Concourse wall within the Palm Springs International Airport at 3400 East Tahquitz
Canyon Way, Zone A, (Case MUR 2024-0002) ("Application").
WHEREAS, on May 2, 2024, the Public Arts Commission considered the
application at a meeting and voted 6-0 to recommend approval of the Application by the
City Council.
WHEREAS, on May 23, 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 approved 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 painted on the Regional Concourse wall within the Palm Springs
Airport. The painted art mural does not extend beyond the top of the building, and
Resolution No. 25207
Page 2
it meets this requirement. '
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 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 m�king findings of no resulting
impacts, no mural may consist of, orcontain, electrical ormechanical 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 Regional Concourse wall within the Palm I
Springs Airport, 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 line of the nearest residential zoned property.
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 2024-0002. With City Council approval, the project meets this requirement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY '
RESOLVE AS FOLLOWS:
Resolution No. 25207
Page 3
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 2024-0002 for an art
mural installation at 3400 East Tahquitz Canyon Way, subject to the conditions of
approval attached herein as Exhibit A.
ADOPTED THIS 23RD DAY OF MAY 2024.
Scott C. Stiles, City Manager
ATTEST:
AN��
renda Pree, City Clerk
Resolution No. 25207
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
ss.
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25207 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City o> Palm Springs on May 23, 2024, by the following
vote:
AYES:
Councilmembers Garner, Holstege, Middleton, and Mayor Bernstein
NOES:
None
ABSENT:
Mayor Pro Tern deHarte
ABSTAIN:
None
IN WITNESS WHEREOF, I have hereuniq set my hand and affixed the official seal of the
City of Palm Springs, California, this day of June 2024.
/' A ��_
Brenda Pree, MMC, CERA, City Clerk
City of Palm Springs
Resolution No. 25207
Page 5
I
EXHIBIT A
Case MUR 2024-0002
Art Mural: "Palm Springs Welcomes You"
3400 East Tahquitz Canyon Drive
May 23, 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 MUR-2024-
0002, 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 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. 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 2024-0001. 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
applicant of any such claim, action or proceeding or fails to cooperate fully in
Resolution No. 25207
Page 6
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 5. 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 6. 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 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).
AIRPORT DEPARTMENT CONDITIONS:
1. As per the guidelines of the "Welcome to Palm Springs" mural program, the artist
acknowledges that the mural's display period is limited to one year. The artist will
be given a notification period for the removal of the artwork and the restoration of
the wall in its original state.
2. The Artist shall confine their work to the designated wall space and take measures
to safeguard the surrounding surfaces from damage. This includes but is not '
limited to using drop cloths, protective coverings, or other appropriate barriers to
Resolution No. 25207
Page 7
' prevent paint, solvents, or other materials from damaging walls, floors, fixtures, or
other airport property.
3. The Artist shall ensure that all work does not obstruct passenger traffic or disrupt
airport operations. The Artist shall coordinate with airport management to schedule
work at times that minimize impact on airport operations and passengers. The
artist may provide proper barriers, signage, and safety measures to ensure public
safety.
4. The Artist shall comply with all applicable safety regulations, including
Occupational Safety and Health Administration (OSHA) standards and any specific
safety rules or procedures required by the airport. The Artist must wear appropriate
safety equipment and ensure that all tools and materials are used safely.
5. Prior to beginning work, the Artist shall notify airport management to identify any
specific safety requirements, such as permits, clearances, or safety training. The
Artist shall maintain clear communication with airport staff throughout the project
to address any safety or operational concerns.
6. The Artist shall acquire the necessary badging clearance prior to any work on the
mural within the secured side of the airport. The Artist may opt to have a
' designated escort (possessing current badging credentials) shall be present as the
escort of the artist throughout the entirety of the mural's completion.
7. The artist is responsible for the maintenance of the mural, addressing any damage
caused by sun exposure, wind, or unwanted markings on the mural. In the
unfortunate event of vandalism, the artist shall commit to promptly restore the
mural. General retouching services shall be provided by the artist at least once,
but not more than twice, per year.
8. If the performance of this Agreement cannot be continued due to force majeure,
the Parties may be exempted fromr liabilities in whole or in part according to the
impact of the force majeure. If either party cannot perform this Agreement due
to force majeure, it shall immediately notify the other party, and try its best to
minimize the possible losses as sustained by the other party, and shall timely
provide a proof to the other party.
9. The Artist shall apply and provide a current city business license, liability insurance
and other requirements needed to perform work within the City of Palm Springs.
END OF CONDITIONS