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HomeMy WebLinkAbout25308RESOLUTION NO. 25308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED "THE STARS ARE OUR ANCESTORS" LOCATED ON THE SECOND LEVEL NEAR THE HOTEL'S ENTRANCE, OF THE EXISTING THOMPSON HOTEL BUILDING AT 414 NORTH PALM CANYON DRIVE, ZONE CBD, (APN:513-081-049) (CASE MUR 2025-0001). WHEREAS, Abigail Rust ("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 "The Stars Are Our Ancestors" located on a portion of the second story of the Thompson Palm Springs Hotel at 414 North Palm Cayon Drive, Zone CBD, (Case MUR 2025-0001) ("Application"). WHEREAS, on May 1, 2025, the Public Arts Commission considered the application at a meeting and voted 6-1, absent, to recommend approval of the Application by the City Council. WHEREAS, on May 28, 2025, 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 standard. b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed. The mosaic art mural does not extend beyond the top of the building, and it meets this standard. Resolution No. 25308 Page 2 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 placed; therefore, it meets this standard. 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 individual ceramic tiles are arranged and attached to sheets of mesh with the fixative. This is done in the artist's studio. Once the overall design is complete, the mesh is cut into sections and transported to the job site in sheets. The sheets of mesh with the mosaic tiles were then attached to the wall with the mortar and screws, and it does not contain any electrical or mechanical components; therefore, it meets this standard. 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 a portion of the north side elevation of a commercial hotel building; therefore, the project meets this standard. 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. 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 standard. g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety. The project is not a digitally printed image. This standard does not apply. 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 2025-0001. With City Council approval, the project meets this standard. THE CITY COUNCIL OF THE CiTY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 25308 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 2025-0001 for an art mural installation at 414 North Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 28TH DAY OF MAY 2025. A�20�- - Scott Stiles, City Manager ATTEST: �L Brenda Pree, MAC, CERA City Clerk Resolution No. 25308 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. 25308 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 28th day of May, by the following vote: AYES: Councilmembers Ready, Garner, Bernstein, Mayor Pro Tern Soto, and Mayor deHarte NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this J day of June 2025. I --A- t�&= Brenda Pree, MMC, CERA City Clerk 1 �1 Resolution No. 25308 Page 5 EXHIBIT A Case MUR 2025-0001 Art Mural: "The Stars Are Our Ancestors" 414 North Palm Canyon Drive May 28, 2025 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 MUR-2025- 0001, 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 2025-0001. 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 the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the Resolution No. 25308 Page 6 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). END OF CONDITIONS