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HomeMy WebLinkAbout24319 RESOLUTION NO. 24319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON THE COMMERCIAL RESTAURANT BUILDING AT 707 NORTH PALM CANYON DRIVE, ZONE C-1 (CASE 17-001 MUR). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Trio Restaurant, ("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 commercial building at 707 North Palm Canyon Drive, Zone C-1 (Case No. 17-001 MUR) ("Application"). B. On September 5, 2017, the Architectural Advisory Committee met and voted to recommend approval of the Application to the Planning Commission. C. On September 14, 2017, the Public Arts Commission considered the application at a regularly-scheduled public meeting, and voted to recommend approval of the Application to the City Council. D. On October 11, 2017, the Planning Commission considered the Application at a noticed public hearing held in accordance with PSMC Section 5.81.030(a), and voted to recommend approval of the request to the City Council. E. On October 18, 2017, the City Council considered the Application at a regularly scheduled public meeting in accordance with applicable law. F. The Application is not considered a project pursuant to the terms of the California Environmental Quality Act ("CEQA"), as it will not cause a direct or indirect physical change in the environment pursuant to Section 21065 of the Public Resources Code G. 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. H. Pursuant to PSMC Section 5.81.050, the City Council finds: 1. The mural shall remain in place, without alternation, for a minimum period of two years. If approved, the mural shall be required to remain in place for two years from the date of City Council approval. The two-year requirement will be included as a standard condition of approval. Resolution No. 24319 Page 2 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 Trio Restaurant parking lot. The mural is 1,170-square feet in size, sixty-five (65) feet long and eighteen (18)feet tall and encompasses the rear exterior wall. 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. I The colorful mural applied to the west wall facing the restaurant parking lot will be applied by spray paint in colors of red, yellow, blue, orange, green, purple, and black. The aerosol acrylic paint is weather and heat resistant of the highest quality made for exterior use. The paint pigments can expect to remain without fading for ten (10) years. 4. No mural may consist of or contain electrical or mechanical components, or Y p > 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 affixed to a commercial building, and is located within a commercial zoning district. 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 the Department of Building and Safety has reviewed the proposed method of constructing the mural image and has found that the acrylic paint will not be harmful as applied. Resolution No. 24319 Page 3 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 for the mural. The mural will be scheduled for installation once final approval is received from the City Council. Should the City Council deny this application, the mural will not be installed on the building. 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. That the City Council hereby approves Case 17-001 MUR for an art mural on the commercial building located at 707 North Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 18T" DAY OF OCTOBER, 2017. David H. Ready, Esq., City Manager ATTEST: Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24319 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim 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 18T" of October, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None Kathleen D. Hart, MMC Interim City Clerk