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Home My WebLink About24449 RESOLUTION NO. 24449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON THE SOUTH SIDE OF THE PUBLIC PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MUSEUM WAY AND MUSEUM DRIVE (CASE 18-003 MUR). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Palm Springs Art Museum on behalf of the City of Palm Springs ("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 an existing concrete wall located on the south side of the site at the southeast corner of Museum Way and Museum Drive, Zone CBD (Case No. 18-003 MUR) ("Application"). B. On June 14, 2018, the Public Arts Commission considered the application at a regularly-scheduled public meeting, and voted to recommend approval of the Application by the City Council. C. On June 20, 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 mural will be painted on the wall and coated with UV protection. The applicant agrees to monitor and maintain the mural in a first class condition. 2. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed. 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. Resolution No. 24449 Page 2 The mural will be painted on an existing concrete wall and will not extend above the height of the wall's surface, nor extend from the plane of the wall. 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 turned 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 located on a property zoned CBD (Central Business District). The site is currently vacant, but will be a future phase of the Downtown Park. 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 Department and Building and Safety Department have reviewed the proposed method of constructing the mural image and found that the acrylic paint will not be harmful as applied. 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 will be installed if approval is granted by the City Council. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: 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. Resolution No. 24449 Page 3 That the City Council hereby approves Case 18-003 MUR for an art mural on the property located at the southeast corner of Museum Way and Museum Drive, subject to the conditions of approval attached herein as Exhibit A. David H. Ready, Esq., Ph. . City Manager ATTEST: LAnfhon J. Mejia C City Cle 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. 24449 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 20TH 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 hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this o4-- day of _7j�; tt 201 F-) nthony . Mejia, City Cler Resolution No. 24449 Page 4 EXHIBIT A Case 18-003 MUR "Con Tus Tias" Art Mural Southeast corner of Museum Way and Museum Drive June 20, 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 18-003 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 May 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 18-003 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 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 Resolution No. 24449 Page 5 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 wall. END OF CONDITIONS