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Home My WebLink About24424 RESOLUTION NO. 24424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TEMPORARY ART MURAL ON THE REAR (WEST) ELEVATION OF THE PALM SPRINGS CULTURAL CENTER BUILDING LOCATED AT 2300 E. BARISTO ROAD, CASE 18-002 MUR. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Palm Springs Cultural Center ("Applicant') has filed an application with the City pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the approval of a temporary art mural on the exterior wall of a building located on the westerly side of the site at 2300 East Baristo Road, Zone PDD (Case No. 18-002 MUR) ("Application"). B. On May 10, 2018, the Public Arts Commission considered the application at a regularly-scheduled public meeting, and voted 6-0 to recommend approval of the Application by the City Council. C. On June 6, 2018, the City Council considered the Application at a regularly scheduled public meeting in accordance with applicable law. D. 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. 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 of the Palm Springs Municipal Code, the City Council finds: 1. Any alteration to an approved mural shall require approval in accordance with the procedures listed in Section 5.81.040. The applicant has agreed in writing to inspect and maintain the mural regularly during the time period in which the mural is in place. 2. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed. The mural occupies the west facing building fagade visible from the parking lot adjacent to Baristo Road. The mural is about 25 feet in height and does not extend above the height of the building wall to which it is installed. City Council Resolution No. 24424 Page 2 3. 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 mural is applied to the westerly facing walls and parking area; the photos affixed to the walls do not extend more than one inch from each of the walls. 4. 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 tumed off and back on not more than once every 24 hours). The mural art work does not consist of or contain any electrical or mechanical components and the mural is not illuminated at night. 5. No mural shall be placed on a lot that is improved with only one single-family residential structure and accessory structures. The mural is affixed to an existing theatre building. 6. 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 mural does not consist of or contain any electrical or mechanical components. The mural will not be illuminated at night. 7. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety. The Fire and Building Departments will review and inspect the method of installation upon approval. 8. A mural shall not be created without the final authorization of the Palm Springs City Council. The applicant has appropriately filed the proper application for approval of the mural. The mural was installed prior to Council's review; however, it was reviewed by the Public Arts Commission on May 10, 2018, and received a favorable recommendation to the Council. Should the City Council deny this application, the mural will need to be removed and the building repainted. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: That the findings and determinations reflected above are true and correct, and are City Council Resolution No. 24424 Page 3 incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. That the City Council hereby approves Case 18-002 MUR for a temporary art mural on the westerly elevation of the Palm Springs Cultural Center building located at 2300 East Baristo Road, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 6th day of June, 2018. David H. Ready, Esq., Ph. City Manager ATTEST: 1 nt ny J. M MM City Clerk City Council Resolution No. 24424 Page 4 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 the 6th day of June, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the City of Palm Springs, California this (.) day of , 2-�o ,-6 1 A ony J. jia, M ity Clerk City Council Resolution No. 24424 Page 5 EXHIBIT A Case 18-002 MUR "Jump For Joy" Temporary Art Mural Palm Springs Cultural Center 2300 East Baristo Road June 6, 2018 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 18-002 MUR, except as modified by the conditions below. The temporary mural shall be in place for up to one (1) year. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped March 8, 2018, on file in the Planning Division, 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 Director of Planning 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 18-002 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 City Council Resolution No. 24424 Page 6 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 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 owner of the property on which the mural is installed shall execute and deliver to the Office of the City Clerk a covenant for recordation in a form approved by the City Attorney. 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) and 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 Illumination of the mural. PLN 2. Removal of Mural. Should the mural be removed or the building be repainted in the future, the property owner shall submit a Minor Architectural Review application for approval prior to repainting the building. END OF CONDITIONS