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HomeMy WebLinkAbout6/7/2017 - STAFF REPORTS - 5.A. ,O,'pALM SA4 iy a V N .s CQ41FORN�P CITY COUNCIL STAFF REPORT DATE: JUNE 7, 2017 NEW BUSINESS SUBJECT: TRIO RESTAURANT FOR AN ART MURAL APPLICATION ON A COMMERCIAL RESTAURANT BUILDING LOCATED AT 707 NORTH PALM CANYON DRIVE (CASE 17-001 MUR). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY This is a request for approval of an Art Mural Application for an existing mural on a commercial restaurant building known as Trio Restaurant at 707 North Palm Canyon Drive. The mural is located on the west facade of the building facing a parking lot. RECOMMENDATION: 1. Adopt Resolution No. , "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)." BACKGROUND: 2/21/2017 AAC reviewed the proposal and voted 6-0-2 (absent — Lockyer, Secoy Jensen) to recommend approval to the Planning Commission as submitted. 3/9/2017 Public Arts Commission reviewed the proposal and made a motion to deny the application, as applicant did not follow the proper procedures and guidelines of the Palm Springs Municipal Code for the installation of a mural prior to its creation; the motion carried 5-0-1 abstain — Gladstone). 4/12/2017 Planning Commission reviewed the Mural application and voted 7-0 to recommend approval to the City Council as submitted. 10/21/2002 Second Imperial Manor MW NO. -5 City Council Staff Report June 7, 2017 -- Page 2 Case 17-001 MUR—Trio Mural OWMIEW w_ 02/2017 Staff visited site to observe existing conditions 7tg .� a"'�«-w'•' .�j '-� 3=-1y r� � r.K' o- % e �i�4-=7F,r 2/16/2017 Notice sent to all property owners within 500 feet of mural site at least 30~ days prior to the Planning Commission consideration. i Site Area Net Area 31,372-s uare feet Subject NCC (Neighborhood Restaurant C-1 (General Property Commercial) Commercial North NCC (Neighborhood Retail C-1 (General Commercial) Commercial South NCC (Neighborhood Retail C-1 (General Commercial) Commercial East NCC (Neighborhood Retail C-1 (General Commercial) Commercial West ER (Estate Residential) Single-Family R-1-A (Single- Residential Family Residential STAFF ANALYSIS: The applicant has requested approval of an existing mural located on the rear elevation of the commercial restaurant building at 707 N. Palm Canyon Drive. The mural does not have a specific name but can be described as a form of underground public art evolved from graffiti or "Street Art" found in urban centers. The mural was created by Los Angeles artist John Moody, known as MDMN, whose art can be described as having an eclectic aesthetic that melds anime, superhero comics, 80's videogames and retro sci-fi imagery. The installation of the mural occurred sometime in August 2016 in conjunction with the Palm Springs Comic Con. The mural is approximately sixty-five (65) feet wide by eighteen (18) feet tall, and totals 1,170-square feet in area. The colorful mural applied to the west wall facing the restaurant parking lot has been applied by spray paint in colors of red, yellow, blue, orange, green, purple, and black. The central feature of the mural is a comic book image of a woman's face in blue color. The aerosol acrylic paint is weather and heat resistant and is of the highest quality made for exterior use. The paint pigments can expect to remain without fading for ten (10) years. City Council Staff Report June 7, 2017-- Page 3 Case 17-001 MUR —Trio Mural The mural is visible from the restaurant parking lot, and can be seen from West Merito Place. There is no formal lighting of the mural. A large Oleander hedge exists along the outer planter bed of the parking lot adjacent to the street providing a visual screen from the single-family residential neighborhood. The approval process for murals is identified in Palm Springs Municipal Code (PSMC) Section 5.81.030; the application must be reviewed by AAC, the Planning Commission, the Public Arts Commission, and is then forwarded to City Council for action. The AAC reviewed the mural on February 21, 2017, and recommended approval as submitted. The Public Arts Commission reviewed the request at the March 9, 2017 meeting and voted to deny the project. The Planning Commission reviewed the application at the meeting of April 12, 2017, and recommended approval to the City Council. The applicant will be required to submit a covenant and maintenance agreement for the mural, as stated in Section 5.81.020 of the Palm Springs Municipal Code. This agreement assures that the necessary repairs and maintenance of the mural are completed by the property owner to the reasonable satisfaction of the City. The covenant is required as a condition of approval of this request. FINDINGS —ART MURAL REGULATIONS AND REQUIREMENTS: PSMC Section 5.81.050 requires that the following findings be made relative to Art Mural Applications: 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. 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 facade 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. The colorful mural applied to the west wall facing the restaurant parking lot has been 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 � 3 City Council Staff Report June 7, 2017-- Page 4 Case 17-001 MUR—Trio Mural 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 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 have reviewed the proposed method of constructing the mural image and have 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 was established in August 2016 and this application will bring the mural into conformance to the City's approval process requirements. Should the City Council deny this application, the mural will need to be removed and the building repainted. FINDINGS — ARCHITECTURAL REVIEW REQUIREMENTS: 04 City Council Staff Report June 7, 2017 -- Page 5 Case 17-001 MUR—Trio Mural In addition to the regulations listed previously, the submitted application has also been reviewed for conformance to the Architectural Review criteria listed in Palm Springs Zoning Code (PSZC) Section 94.04.00(D), as discussed below: 1. Is the proposed development compatible with the character of adjacent and surrounding developments? The mural will be placed on the west facing side of the commercial restaurant building at the corner of North Palm Canyon Drive and West Merito Place, enlivening an otherwise large blank stucco wall which faces a parking lot. 2. Is the proposed development of good composition, materials, textures, and colors? The mural has been applied to the wall using 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. 3. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted. The mural can be described as a form of underground public art evolved from graffiti or "Street Art" founded in urban centers. The mural was created by Los Angeles artist John Moody, known as MDMN, whose art can be described as having an eclectic aesthetic that melds anime, superhero comics, 80's videogames and retro sci-fi imagery. The colorful image is not clearly visible from the adjacent neighborhood and will not be detrimental to the surrounding community. 4. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment. The mural is approximately sixty-five (65) feet wide by eighteen (18) feet tall equaling 1,170-square feet. The size of the mural will occupy the west facing wall on which it is placed, and is applied directly to the exterior wall. 5. Building (mural) design, materials and colors to be sympathetic with desert surroundings. The mural utilizes a mix of colors that are appropriate to the context and desert surroundings. 05 City Council Staff Report June 7, 2017 -- Page 6 Case 17-001 MUR—Trio Mural ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, 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. CONCLUSION: The proposed mural is consistent with the criteria listed in PSMC Section 5.81.050 and PSZC Section 94.04.00(D). The mural has been reviewed and recommended for approval by the AAC and Planning Commission. The Public Arts Commission recommended denial of the mural "because proper procedures were not followed in accordance with the guidelines set forth by Chapter 2.24". Although the application was submitted after the mural was installed, it is recommended that the City Council approve the mural as the application is in conformance to code requirements and have the applicant execute the maintenance agreement. e7vinnn, Finn Fagg, AICP Marcus L. Fuller, MPA, P.E., P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq, City Manager Attachments: 1. Vicinity Map 2. Resolution 3. Conditions of Approval 4. Justification Letter 5. Planning Commission Resolution #6618 6. Excerpt of Meeting Minutes of Planning Commission dated April 12, 2017 7. Minutes of Public Arts Commission Meeting dated March 9, 2017 8. Excerpt of Meeting Minutes of Architectural Advisory Committee dated February 21, 2017 9. Site Photos/Mural Images 10.News Article on Mural Artist— John Moody—aka MDMN 06 A o�pPtM Sag N Department of Planning Services W E ~ Vicinity Map 1 F00.N S R1A R2 C1 CI R3 R3 RIB i EL ALAMEDA - R1A MOUNTAIN VIEW PL a 0 RIA , _-._. _.. --C1"'- R3 -R3 - _R18_ N Lu o C1 '.. - TAMARISK RD PRESCOTT DR SE -- R1A -I R; -C1 R3 � O R3 _ -R1B I u MERITO PL PD Q i _ Y C1 z _..__. - ¢ R3 p f R3 - � _. _. .._ .Rz._.____ -___.PO _. a RI z W GRANVIA VALMONTE Legend 0500 Ft. Radius ___CBD __ ®Site --- O R3 Zoning INO DR CU CBD CITY OF PALM SPRINGS 17-001 MUR Trio Restaurant Art Mural 707 North Palm Canyon Drive 07 RESOLUTION NO. 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 February 21, 2017, the Architectural Advisory Committee met and voted to recommend approval of the Application to the Planning Commission. C. On March 9, 2017, the Public Arts Commission considered the application at a regularly-scheduled public meeting, and voted to recommend denial of the Application to the City Council. D. On April 12, 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 June 7, 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. 2. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed. � R City Council Resolution No. June 7, 2017 Case 17-001 MUR Page 2 of 4 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. The colorful mural applied to the west wall facing the restaurant parking lot has been 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 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 have reviewed the proposed method of constructing the mural image and have found that the acrylic paint will not be harmful as applied. 09 City Council Resolution No. June 7, 2017 Case 17-001 MUR Page 3 of 4 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 established in August 2016 and this application will bring the mural into conformance to the City's approval process requirements. Should the City Council deny this application, the mural will need to be removed and the building repainted. THE CITY COUNCIL RESOLVES: Based upon the foregoing, 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 7th day of June, 2017. AYES: NOES: ABSENT: ABSTAIN: David H. Ready, City Manager ATTEST: Kathleen D. Hart, Interim City Clerk 10 City Council Resolution No. June 7, 2017 Case 17-001 MUR Page 4 of 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 15th day of February, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen D. Hart, Interim City Clerk City of Palm Springs, California 1I RESOLUTION NO. EXHIBIT A Case 17-001 MUR An Art Mural located at 707 North Palm Canyon Drive Trio Restaurant June 7, 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. P_roiect Description. This approval is for the project described per Case 17- 001 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 January 26, 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 17-001 MUR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against 12 City Council Resolution No. Case 17-001 MUR—707 North 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; 13 City Council Resolution No. Case 17-001 MUR—707 North 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. 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 lr I am writing this letter of justification to obtain approval for a public outdoor mural on trio restaurant. The purpose of the mural is to beautify the building and improving contemporary public art in the Palm Springs local community. The project is almost guaranteed to be a huge success for both p 1 g businesses and the local community. The artist has been wanting to give Palm Springs a powerful artistic project for the public and bring creative insight and inspiration to the contemporary culture. There will be continuous coverage of this project from both local and worldwide social media outlets including video ra hers and n g p ews outlets. The estimate supply/work costs for something the size normally would range in the $3,000 range. Fortunately we have paint supply sponsers willing to donate towards the project just to beautify the city of Palm Springs and the artist himself ready to donate his time and efforts as well. gal ; Paints used on said mural is weather, heat resistant and the highest quality of aerosol paint that is made for longevity of exterior use. At the very soonest severe breakdown of the aerosol paint binder can be seen on murals after about 10 years—especially those works exposed to direct sunlight. Select amounts of certain colors that might fade faster will be left with the owner of the building for touch ups of any kind. Color and materials: Aerosol Paint Acrylic paint Brush/rollers Latex gloves Respirators Ladders RECEIVE: Artist Tape Protective Tarp and Covering iai.ANNINU SEHVI F RESOLUTION NO. 6618 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF CASE NO. 17-001 MUR FOR AN ART MURAL ON THE COMMERCIAL RESTAURANT BUILDING AT 707 NORTH PALM CANYON DRIVE, ZONE C-1. THE PLANNING COMMISSION 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 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 February 21, 2017, the Architectural Advisory Committee met and voted to recommend approval of the application to the Planning Commission. C. On April 12, 2017, the Planning Commission considered the Application at a regularly scheduled public meeting held in accordance with applicable law. D. 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 E. Notice was provided to all property owners within 500 feet of the location of the mural prior to the Planning Commission consideration of the Application in accordance with Section 5.81.030(a) of the Palm Springs Municipal Code. F. The Planning Commission 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. G. Pursuant to Section 5.81.050 of the Palm Springs Municipal Code, the Planning Commission 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. 2. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed. The mural will occupy the west facing building fagade visible from the Trio Restaurant parking lot. The mural is 1,170-square feet in size, sixty-five � F Planning Commission Resolution No. 6618 April 12, 2017 Case 17-001 MUR Page 2 of 3 (65) feet long and eighteen (18) feet tall and will encompass 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. The colorful mural applied to the west wall facing the restaurant parking lot has been 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 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. 8. A mural shall not be created without the final authorization of the Palm Springs City Council. 17 Planning Commission Resolution No. 6618 April 12, 2017 Case 17-001 MUR Page 3 of 3 The applicant has appropriately filed the proper application for approval of ___,.,.,the rpura4.Tliq mural was established in August 2016 and this application Will, bring .the mural into conformance to the City's approval process requirements. Should the City Council deny this application, the mural will need to be removed and the building repainted. THE PLANNING COMMISSION RESOLVES: Based upon the foregoing, the Planning Commission hereby recommends approval of Case 17-001 MUR for an art mural on the commercial restaurant building located at 707 North Palm Canyon Drive subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 12th day of April, 2017. AYES: 7, Vice-Chair Weremiuk, Commissioner Hirschbein, Commissioner Donenfeld, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton, Chair Calerdine NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Flinn Fagg, AICP Director of Planning Services 18 RESOLUTION NO. 6 a,rOF PALM SMWA MWORM&PLVNW""MEW EXHIBIT A PLANNING COMMISSION APPROVAL DSWI i1 cmt, ?- eal Case 17-001 MUF RmN& 691 garner An Art Mural for a commercial restaurant building located at 707 North Palm Canyon Drive April 12, 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- 001 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 January 26, 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 16-001 MUR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against .19 Planning Commission Resolution No. 6618 - Case 17-001 MUR—707 North 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 ag 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; 20 Planning Commission Resolution No. 6618 Case 17-001 MUR—707 North 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. There shall be no illumination of 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 2�1� EXCERPT OF MINUTES At the Planning Commission meeting of the City of Palm Springs, held April 12, 2017 the Planning Commission took the following action: TRIO RESTAURANT, FOR AN ART MURAL APPLICATION ON A COMMERCIAL RESTAURANT BUILDING LOCATED AT 707 NORTH PALM CANYON DRIVE. (CASE 17-001 MUR). (GM) Associate Planner Mlaker provided details on the review of this Item by Public Arts Commission; and that the action of the Public Arts Commission was incorrectly stated in the previous staff report dated March 22, 2017. ANN SHEFFER, Public Arts Commission, chair, spoke about several murals coming for their review after the fact - being painted and not going through the permitting process. She spoke about the importance that applicants go through the permit process before it is installed and not after the fact. Comments: Commissioner Middleton complemented the director and staff on the error that was corrected and handled efficiently. Vice-Chair Weremiuk commented that she does not want to change the position the Commission took but would rather allow creativity and spontaneity - and work with the Public Arts Commission in finding a way to shorten the process and make it easier. Commissioner Lowe said this mural seemed to be designed for a specific event and suggested adding a requirement "for a specific period of time" such as temporary installation rather than a permanent installation (such as the Coachella Fest etc.). Commissioner Hudson concurred with Commissioner Lowe - and the criteria for the murals need to be looked at more closely and tighten up (logos on art murals). Commissioner Hirschbein concurred that further review is needed and spoke in favor of the art mural. ACTION: Recommend approval to the City Council. Motion: Vice-Chair Weremiuk, seconded by Commissioner Hirschbein and unanimously carried on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton, Vice-Chair Weremiuk, Chair Calerdine 22 Planning Commission Minutes-Excerpt City of Palm Springs April 12,2017 Vice-Chair Weremiuk recommended staff look into the process for possibly shortening the approval process. She stated the most important part of the process is to work with the Public Arts Commission I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 12th day of April, 2017, by the following vote: AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton, Vice-Chair Weremiuk, Chair Calerdine Terri Hintz Planning Administrative oordinator 2 23 City of Palm Springs"Public Arts Commission Regular Meeting Minutes Mardi 0,2017 Page 4 Exhibit"A"(Description of Programming)reads as follows: eX B T"A" DE% PT10N OF PROOPAaafANO Palen spina M teusapn assists ng Ir but tanpgnt n one MfCAled f FRedpiarTh lo po Dollars NwM loth at,a'PALM rQ ipt lfumua Orrre,Palm 9pinpa,Callamn was apapMe: ' ...timim at tlw Pakp!ara zi AA ku, M Fray Th,eadtr E~Mpa R-dpart wN PIaHde the CO M Pam 6pmak win amMrrn ackraMoe7rmnt d rpmanahlp at eadr FM rnursdry E"MW""a" klld.11 rUigntlNgitNa 6mudHT®tt slstr(ea)drys aem en Tenn d arc aaakment.a»Paan 8101101 M ir+ W amide Glr ailh an Aarwl Report Shb hag InanOaKa as pis FrAe Thundap Eva,Mpa PNpnm Fdaealonal Pn srprwm oappnanl4"s Rerlp'srt shah"id.hha CAV of PAkn ep"W to lea IQ sale b pokiee 1m arts relW ei,otlon PUW Pubic Abs Comma ics S 1 rw,.dar 14swnp 6d I dCisia Sar Ub Pubic Ada Cm:ra»Was rtal IahW Qasd tlr daN►yTMre aMlar maOACahAr1 d aaMkn pars as apk,aprkk. kr f0lGN ndaotkml eeerib. Pon k are aea,4 Na NUaaun anal crate apd r,raMWq w neaykGm,P'A�zebus W axial mein _ Commissioner Murray — The labyrinth walk ha een scheduled for Thursday, March 26; this event will be held at the Palm Springs Art Museu during "Free Thursday Events at the Palm Springs Art Museum"; other community organizations I alved with the event include The Church of St. Pauls of the Desert,Rites of Passage,and BRAAF(Build Resilience in African American Families). Commissioner Gladstone—an e•bla ill go out in the list of upcoming events; it will not be sent out separately. There was a brief discussion r arding honorariums for participants on Free Thursdays; honorariums are not to be expected from the useum as part of the Funding Agreement;it is the responsibility of the Arts Commission. Commissioner Rutta — has concerns with the contract and transparency; was not aware of Section 1.6 that requires t museum to provide the City with one table of preferred seating to the Palm Springs Art Museums'A ual Gala,which also includes a photograph with the headlining talent and invitation for two guests to end a VIP reception;does not see how this benefits the citizens of Palm Springs. We are here to su rt the arts and provide arts programs for the citizens. Also, the museum should be providin a programs rather than the Arts Commission. Com ssioner Gladstone —we do not approve the contracts, we make recommendations. We did not w to give the museum additional funding, but we did want to see more programming for the mmunity;we thought by having the Arts Commission sponsor four events per year, It would be a good way to grow this partnership. Chair Sheffer — one of the goals this year was to have a complete report of the Public Arts Commission's accomplishments ready for City Council by June 2017. D. LEGISLATIVE 6. MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST FOR APPROVAL OF AN ART MURAL APPLICATION BY TRIO RESTAURANT FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT 707 NORTH PALM CANYON DRIVE(CASE 17.001 MUR) IN ACCORDANCE WITH THE GUIDELINES SEPe 4 City of Palm Springs•Public Arts Commission Regular Meeting Minutes March 9,2017 Page S FORTH BY SECTION 5.81 OF THE MUNICIPAL CODE AND SECTIONS 93.20.00 &93.20.03 OF THE PALM SPRINGS ZONING CODE. RECOMMENDATION: Review Art Mural Application #17.002 MUR and adopt a Resolution of the Public Arts Commission making a recommendation to City Council for consideration. • A request of the Public Arts Commission to provide input and comment on the appropriateness of an Art Mural Application for a mural on the commercial building at 707 North Palm Canyon Drive. • The mural was applied to the building in August 2016. • The Planning Commission will be reviewing the mural application at the Wednesday, March 22, 2017 Planning Commission Meeting. Commissioner Brenner—It is very disconcerting that we have a policy and this business completely went around that; it sets a precedent that anyone can just paint their wall and then come back to arts commission; knows for a fad that this mural was created as a publicity stunt to bring attention to this business. A statement needs to be very clearly made that you cannot come to the commission after the fact. What are we going to do,tell them to go paint over it7 Chair Sheffer—someone could tell them to paint over it. If we register our concern, that this was once again put out before anyone followed the procedures,I think we can say we are not recommending that it be approved because it did not go through the process. Chair Sheffer—Wells Fargo did go through the proper process;we are Invited to the unveiling on March 21. Commissioner Ruttan—concurs with Commissioner Brenner. They are asking for forgiveness rather than permission. MOTION:by Commissioner Brenner,second by Commissioner Ruttan,that we do not approve this mural because proper procedures were not followed in accordance with the guidelines set forth by Chapter 2.24 of the Palm Springs Municipal Code (Section 2.24.010) The Public Arts Commission; and Chapter 5.82 of the Palm Springs Municipal Code (Section 5.81.010) the process and procedures for the installation of original art murals on private property prior to it being created; Motion Carried: Ayes 5; Noes 0; Abstain 1-Gladstone UBCOMMITTEE REPORTS 7. Site nstallations Review po le sites for the installation of artistic bike racks and locations for new artwork acquisitions. bcommi o ce Chair Ya nI Artistic Bicycle Racks: There are two artistic bike racks completed ready for installation: 1)palmSPRING (spring design) and 2)Palm Springs Modem(house design). The commission discussed three possible installation sites: 0 E. Sunny Dunes Rd., 2) 622 N. Palm Canyon Dr.,and 3)333 S. Palm Canyon Dr. Chair Sheffer—would like Artistic Bike Racks on the April 2017 Agenda—wou ' e to see if there is an additional bike rack the commission would like to purchase for a third site. L5 EXCERPT OF MINUTES At the Architectural Advisory Committee meeting of the City of Palm Springs, held February 21, 2017 the Architectural Advisory Committee took the following action: TRIO RESTAURANT FOR AN ART MURAL APPLICATION ON A COMMERCIAL RESTAURANT BUILDING LOCATED AT 707 NORTH PALM CANYON DRIVE, ZONE C-1 (CASE 17-001 MUR). (GM) Associate Planner Mlaker provided an overview of the proposed art mural. Member Fredricks questioned how the mural was installed prior to approval. He expressed satisfaction regarding the paint quality but concern with future projects being installed without approval. Member Purnel verified the noticing requirements and if any comments were received from the neighborhood regarding the mural. (none) Member Miller requested information on the approval process for murals. TONY MARCHESE, applicant, was available for questions. MIS/C (Fredricks/Cassady, 6-0-2 absent Lockyer/Secoy-Jensen) Approve, as submitted. I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 215t day of February, 2017, by the following vote: AYES: Chair Song, Vice-Chair Cassady, Member Fredricks, Member Purnel, Member Rotman, Member Miller. ABSENT: Member Lockyer, Member Secoy-Jensen Terri Hintz Planning Administrative Coordinator 26 w��rr,wrrrr��,, ...-�... L l OZ i ZO / 60 `�"`" �� �fr �✓ _ R_.�_. _`... - � r _ � ti � �� re95rv.. ,.f a �� �� ,, �:. 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SHARE r, BIOGRAPHY AVAILABLE ARTWORKS AUCTIONRESULTS VIDEOS ARTICLES MURALS Mdmn •Pop Art,Street Art,Urban Art•Milja Ficpatrik John Moody, aka MDMN is an American artist with a punchy pop aesthetic that melds anime, superhe comics, 80s videogames and retro sci-fi imagery. 31 1 of 5 2/8/2017 2:39 PM MDMN:Gigantic-Yay! LA Magazine http://www.yaylamag.com/mdmn/ • Home • About • StalfContributors Enter search... frrr Y � YILA • ART • CULTURE • FILMITV • MUSIC • COMEDY • LITERATURE ART.INTERVIEW MDMN: Gigantic 0 Comments 10 August 2014 t. Spotlight on LA street artist and Illustrator AfDMN. By Daniel Barton In March of 2012,artist John Moody,aka MDMN,left behind his home of Phoenix,Arizona,a lethargic burg he states is most defined by "casinos,waterparks,and golf." Venturing into the comparatively high-velocity world of Los Angeles,he quickly staked his flag as an exciting new voice in the street art scene with a punchy pop aesthetic that melds mime,superhero comics,80s videogames and retro sci-fi imagery. He has since become a member of the short-lived collective The Soap Company,collaborated with a number of established muralists,attended Miami Art Basel,and painted large-scale works in Miami,Chicago,Los Angeles,and New York. But as apropos of an artist who specializes in super-powered titans and giant robots,the moenage daydreams of MDMN are too gigantic lobe contained by mere electrical boxes. YAP L.A. Magazine sat down with him to discuss the state of LA street art,childhood influences,and his bold vision for the MDMN brand. 32 1 of 15 2/8/2017 2:36 PM MDMN:Gigantic-Yay! LA Magazine f http://www.yaylamag.com/mdmn/ { v1€ . - Art Basel collab w/Madman,Look At Art,and Phabik. 3 12 of 15 2/8/2017 2:36 PM MDMN: Gigantic-Yay! LA Magazine http://www.yaylamag.com/mdznn/ 1 "n 'v • t a, Q' MadMm and Look At Art. 34 9 of 15 2/8/2017 2:36 PM MDMN: Gigantic-Yay! LA Magazine ! http://www.yaylamag.com/mdmn/ I, t 1 don't want you to look at my stuff and say,"'Oh look,another comic book artist." No,I really want you to enjoy what I'm putting up. So I'm trying out new colors,I'm trying out new poses,I'm trying out new stuff,just really trying to embrace what 1 want to show. Right now,it's really about learning how to paint as best as I can. 1 love painting. I don't really care about much else. c � I 35 8 of 15 2/8/2017 2:36 PM