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HomeMy WebLinkAbout24298 RESOLUTION NO. 24298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON THE COMMERCIAL RESTAURANT BUILDING AT 200 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE 17-002 MUR). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Lulu 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 200 South Palm Canyon Drive, Zone CBD (Case No. 17-002 MUR) ("Application"). B. On May 1 and July 17, 2017, the Architectural Advisory Committee met and voted to recommend approval of the Application to the Planning Commission. C. On May 11, 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 July 26, 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 September 6, 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. 24298 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 is fifteen (16) feet wide by fifteen (15') feet tall equaling 220- square feet. The image will be placed one (1) feet below the roof line with the bottom portion approximately ten (10) feet from the sidewalk. 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 colorful mural is a computer generated image (or wrap) affixed to a light weight Alumalite panel sized 5'x10' weighing 39 pounds each. The mural will require a total of six (6) panels constructed with a % corrugated plastic core with double-sided aluminum sheets that will not bow or "oil can". The Alumalite panels will be mounted to the building wall using 15 to 20 concrete screws and anchors per sheet. The mural image will be applied to the panels once they have been secured to the building wall and will cover the screws and the seams of the panels. 4. 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. The mural will be illuminated by light fixtures near the roof line attached to the concrete wall and electrical power will be supplied from behind the existing parapet eliminating the need for conduit on the street side fagade. 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 be illuminated at night and will not affect any residential properties which do not exist within 500 feet of the subject property. Resolution No. 24298 Page 3 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 have reviewed the proposed method of constructing the mural image and have found that the Alumalite panels and graphic wrap 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. Final authorization of the Palm Springs City Council must be obtained prior to installation of the mural. 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 Resolutions. That the City Council hereby approves Case 17-002 MUR for an art mural on the commercial building located at 200 South Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 6T" DAY OF SEPTEMBER, 2017. r David H. Ready, Esq., Ph.D. City Manager ATTEST: Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24298 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 6th day of September, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: Councilmember Roberts ABSTAIN: None RECUSED: None Kathleen D. Hart, MMC Interim City Clerk RESOLUTION NO. 24298 EXHIBIT A Case 17-002 MUR An Art Mural located at 200 South Palm Canyon Drive Lulu Restaurant September 6, 2017 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 17- 002 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 July 11, 2017, 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 17-002 MUR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against City Council Resolution No.24298 Case 17-002 MUR—200 South Palm Canyon Drive Page 2 of 3 Conditions of Approval 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. Minimum Time Period. The mural shall remain in place, without alteration, for a minimum period of two (2) years; the two (2) year time period shall commence upon the effective date of the approval. An "alteration" includes any change to the permitted mural, including, but not limited to, any change to the image(s), materials, colors, or size of the permitted mural. "Alteration" does not include naturally occurring changes to the mural caused by exposure to the elements or the passage of time or that result from the maintenance or repair of the mural. Such minor changes may include slight and unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time or the result of vandalism. A mural may be removed within the first two years of the date of registration under the following circumstances: • The property on which the mural is located is sold; or • The structure or property is substantially remodeled or altered in a way that precludes continuance of the mural; or • The property undergoes a change of use authorized by the Department of Building and Safety; City Council Resolution No.24298 Case 17-002 MUR—200 South Palm Canyon Drive Page 3 of 3 Conditions of Approval • The owner of a mural may request permission from the City Manager to remove a mural prior to the expiration of the two (2) year period, which the City Manager may grant upon making a finding that the continued maintenance of the mural is not feasible and that the early removal of the mural is not a furtherance of off-site commercial advertising. ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. 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. Staff to review appropriate light fixtures compatible with the existing building. PLN 2. Mounting: Provide a '/< inch relief from building wall when mounting mural. PLN 3. 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