HomeMy WebLinkAbout24124 RESOLUTION NO. 24124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN ART
MURAL ON THE COMMERCIAL BUILDING AT 543 SOUTH
PALM CANYON DRIVE, ZONE C-1 (CASE 16-001 MUR).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Wells Fargo Bank, ("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 543 South Palm Canyon Drive, Zone C-1 (Case
No. 16-001 MUR) ("Application").
B. On September 19, 2016, and October 3, 2016, the Architectural Advisory
Committee met and voted to recommend approval of the Application to the Planning
Commission.
C. On October 13, 2016, 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.
D. On October 13, 2016, 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.
E. On October 19, 2016, 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 alteration, 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. 24124
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 will occupy the east facing building fagade visible from South Palm
Canyon Drive. The mural is 171-square feet in size and will be in line with the
horizontal plane of the building entry fascia, and will not extend above the height
of the wall to which it will be 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.
The mural is printed on a 3M Controltac vinyl wrap film adhered to an Azek
Panel. The panel will then be glued flush onto the exterior wall and secured with
screws. A 3/4" aluminum molding will be applied around the edge of the panel
and will not extend more than six (6) inches from the plane of the wall;
consequently, the finding can be met.
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 an LED light rail extending 15"
inches out from the building face and mounted by six (6) aluminum brackets.
5. No mural shall be placed on a lot that is improved with only one single-family
residential structure and accessory structures.
The mural will be 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 by a light rail extending 15" inches out
from the building with eleven (11) LED adjustable lights at six (6") inches on
center. The lighting will not exceed three foot candles above ambient lighting,
and will be compliant with code.
Resolution No. 24124
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 has reviewed
the proposed method of constructing the mural image and has found that the
vinyl print will be coated with a fire-rated retardant and meets this requirement.
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, and the image will not be placed onto the building until the project has
been reviewed and received all required approvals with final authorization from
the Palm Springs City Council.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY RESOLVES:
Based upon the foregoing, the City Council hereby approves Case 16-001 MUR
for an art mural on the commercial building located at 543 South Palm Canyon Drive,
subject to the conditions of approval attached herein as Exhibit A.
ADOPTED THIS 19TH DAY OF OCTOBER, 2016.
David H. Ready, City M�
ATTEST:
r
ames Thompson, City Clerk
Resolution No. 24124
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24124 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 19th day of October, 2016,
by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: Mayor Pro Tern Mills.
ABSENT: None.
ABSTAIN: None.
mimes Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.24124
EXHIBIT A
Case 16-001 MUR
An Art Mural for a commercial building located at 543 South Palm Canyon Drive
October 19, 2016
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. Protect Description. This approval is for the project described per Case 16-
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 September 29, 2016, 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
the City of Palm Springs and the applicant will either undertake defense of the
City Council Resolution No. 24124
Case 16-001 MUR—543 South Palm Canyon Drive Page 2 of 3
Conditions of Approval
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.24124
Case 16-001 MUR—543 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. Illumination of the mural shall be limited in accordance with the
requirements of Section 5.81 .050(G) of the Palm Springs Municipal Code.
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. Landscape Plan. A landscape plan shall be submitted for review by the
Architectural Advisory Committee, modifying the existing landscaping in front
of the building to complement the mural.
END OF CONDITIONS