Loading...
HomeMy WebLinkAbout24529 RESOLUTION NO. 24529 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON THE EAST ELEVATION OF AN EXISTING BUILDING AT THE CHURCH OF ST. PAUL IN THE DESERT LOCATED AT 125 WEST EL ALAMEDA CASE 18-006 MUR. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The Church of St. Paul in the Desert ("Applicant') has filed an application with the City pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the approval of an art mural on the east elevation of an existing building located at 125 West El Alameda, Zone R-2 (Case No. 18-006 MUR) ("Application"). B. On November 29, 2018, the Public Arts Commission considered the application at a meeting and unanimously voted to recommend approval of the Application by the City Council. C. On December 19, 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 ("Regulations") of the Palm Springs Municipal Code, the City Council finds: a. Any alteration to an approved mural shall require approval in accordance with the procedures listed in Section 5.81.040. The proposed art mural is subject to the condition of approval stated in Exhibit A of the attached Resolution, which requires adherence to this requirement. b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed. The proposed art mural will be installed on the exterior wall of an existing building. The design and size of the art mural correspond to the shape and size of the building elevation, and the top of the art mural will not extend beyond the height of the structure. Resolution No. 24529 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 proposed art mural will be hand-painted with Acrylic paint; therefore, it will not project more than six (6) inches from the face of the building. 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 proposed art mural will be hand-painted with Acrylic paint, and it will not contain any electrical or mechanical components. e. No mural shall be placed on a lot that is improved with only one single-family residential structure and accessory structures. The proposed art mural will be installed on a non-residential property. The art mural will be installed on the church building q wall and meet 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 residentially zoned property. The proposed art mural is non-illuminated. The installation location faces the rear parking lots of the adjacent commercial properties, and the art mural will not affect any residentially zoned property located within the site's vicinity. g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety. The proposed art mural will be hand-painted with Acrylic paint; therefore, it 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 the proposed art mural. With City Council approval, the proposed project will meet this requirement. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: Resolution No. 24529 Page 3 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. That the City Council hereby approves Case 18-006 MUR for an art mural on the east elevation of an existing building located at 125 West El Alameda, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 19T" DAY OF DECEMBER, 2018. David H. Ready, EsqW.0. City Manager ATTEST: thony J. eji , City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 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 191h day of December, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this r?,iby- day of tee,,,,,� thony J. ejia- C City Clerk Resolution No. 24529 Page 5 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 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. PLN 3. 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 Resolution No. 24529 Page 4 EXHIBIT A Case 18-006 MUR "Cast Your Bread Upon the Waters" Art Mural The Church of St. Paul in the Desert 125 West El Alameda December 19, 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 18-006 MUR, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped October 30, 2018 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. 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 18-006 MUR. The City of Palm Springs will promptly notify the applicant of any Resolution No. 24529 Page 4 EXHIBIT A Case 18-006 MUR "Cast Your Bread Upon the Waters" Art Mural The Church of St. Paul in the Desert 125 West El Alameda December 19, 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 18-006 MUR, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped October 30, 2018 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. 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 18-006 MUR. The City of Palm Springs will promptly notify the applicant of any Resolution No. 24529 Page 5 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 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. Li htin . 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. PLN 3. 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