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HomeMy WebLinkAbout10/19/2016 - STAFF REPORTS p ALM S,6 .y c V N f �oOr.oea.ao`' r^ °4<,FoaN'P CITY COUNCIL STAFF REPORT DATE: October 19, 2016 NEW BUSINESS SUBJECT: WELLS FARGO BANK FOR AN ART MURAL APPLICATION FOR THE COMMERCIAL BANK BUILDING LOCATED AT 543 SOUTH PALM CANYON DRIVE (CASE 16-001 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 a proposed mural on the Wells Fargo Bank building at 543 S. Palm Canyon Drive. The mural is intended to be placed on the east facade of the building facing South Palm Canyon Drive. 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 BUILDING AT 543 SOUTH PALM CANYON DRIVE, ZONE C-1 (CASE 16-001 MUR)." BACKGROUND: Related Relevant ity Actions 9/1 912 01 6 AAC reviewed the proposal and voted to table the discussion with the following comments: 1. Reduce size of mural to be in line with the horizontal plane of the building entry fascia. 2. Provide public access to view mural. 3. Recommend that the Public Arts Commission evaluate the mural for artistic content. 4. Proposed lighting not appropriate. 5. Appropriate landscaping in front of mural to be utilized. 10/3/2016 AAC reviewed a revised submission and voted 6 to 0 to recommend approval of the mural to the Planning Commission, subject to conditions. ITEM NO. �� City Council Staff Report October 19, 2016-- Page 2 Case 16-001 MUR—Wells Fargo Bank Related Relevant cit Adtlons 10/13/16 The Planning Commission reviewed the application, and the vote was 5-1-1 (5 Ayes, 1 Noe, and 1 Absent) to recommend approval of the mural application to the City Council, subject to conditions. 10/13/16 The Public Arts Commission reviewed the proposed mural, and the vote was 5-0-1-1 (5 Ayes, 1 Abstention, 1 Absent) to recommend approval of the mural to the City Council. ' Most Recent Ownersli ' 01/01/1996 A & J Palmas LTD Partnership Field Check 0612016 Staff visited site to observe existing conditions. lVotifc'ativn 9/13/2016 Notice sent to all property owners within 500 feet of mural site 30 days prior to the Planning Commission consideration. Details of Application Re`uest Site Area Net Area 30,056-square feet Surrounding Existing General Plan Existing Land Use Existing Zoning Property Glesi nations Des nations Subject CBD (Central Business Bank C-1 (General Property District) Commercial North CBD (Central Business Retail — Restaurant C-1 (General District) Palm Canyon Commercial) Roadhouse South MXD (Mixed-Multi Use) Retail Center— Sun C-1 (General Center Commercial) East CBD (Central Business Vacant C-1 (General District) Commercial West HDR (High Density Bank— Bank of R-3 (Multi-Family Residential) America Residential STAFF ANALYSIS: The applicant has requested approval of a new art mural which is to be located on the east-facing wall of the Wells Fargo Bank building fronting South Palm Canyon Drive. This portion of the building is currently painted tan and void of any architectural detail. 02 City Council Staff Report October 19, 2016 -- Page 3 Case 16-001 MUR—Wells Fargo Bank The Wells Fargo Community Mural Program started over a decade ago and has grown to include more than 2,000 murals nationwide. The mural will be similar in concept to the other wallscape murals developed under the program; however each design is a reflection of local culture and history. The design that is intended for use at the Palm Springs location has been selected by the artist Anne Marie Lapitan, who has created 400 murals for Wells Fargo since 2003. The images used for the mural will work to tell the history of the City of Palm Springs along with cultural events that helped define the community. The applicant describes the mural as a collection of historical images representing the local area and elements that reflect the history of the LGBT community. The applicant has provided an extensive design package that includes numerous photos and images taken into consideration in the design of the mural. The final collage of images proposed includes pictures of events on Palm Canyon Drive, the El Mirador Hotel, early movie stars, golfers, the 1930's train station, the Airport, and Pride Parade. The mural will be nine (9') feet tall by seventeen (17') feet wide for a total of 171-square feet. The mural image will be printed on a 3M Controltac vinyl wrap film adhered to an Azek Panel. The panel will then be mounted flush onto the exterior wall and secured with screws. A 3/4" aluminum molding will be applied around the edge of the panel. The mural will be placed in line with the horizontal plane of the building entry fascia and 18" inches from the edge of the east wall. The mural will be illuminated by a light rail extending 15" inches out from the building face and mounted by six (6) aluminum brackets. The light rail will hold eleven (11) LED adjustable lights at six (6") inches on center. 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 September 19th and October 3rd, 2016, and recommended approval of the application subject to conditions requiring the submittal of a landscape plan and simplifying the mural image to improve its visibility. The AAC found that the mural generally enhances the otherwise blank wall of a commercial building and is appropriate in its location. The Public Arts Commission and the Planning Commission reviewed the application at their respective meetings on October 13, 2016, 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. 03 City Council Staff Report October 19, 2016 -- Page 4 Case 16-001 MUR—Wells Fargo Bank 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 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. 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. 04 City Council Staff Report October 19, 2016 -- Page 5 Case 16-001 MUR—Wells Fargo Bank 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. 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. FINDINGS —ARCHITECTURAL REVIEW REQUIREMENTS: 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 east-facing side of the commercial bank building along South Palm Canyon Drive and enlivens an otherwise large blank stucco wall with a collage of historical and local images. 2. Is the proposed development of good composition, materials, textures, and colors? The mural will be constructed with quality materials to include a vinyl wrap material adhered to an Azek panel, which will be resistant to fading and changes in pigment. 05 City Council Staff Report October 19, 2016 -- Page 6 Case 16-001 MUR—Wells Fargo Bank 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 as described by the artist utilizes historical images representing the local area and elements that reflect the history of the LGBT community. The building location is within a fully developed commercial area with similar office and retail uses nearby. 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 will be 171-square feet in size and placed on a blank wall surface in line with the horizontal overhang of the building entry. The size of the mural will be proportional to the wall on which it is placed, and will be mounted directly to the exterior wall with concealed fasteners. 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. 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, Planning Commission, and Public Arts Commission. Consequently, it is recommended that City Council approve the mural application request. 06 City Council Staff Report October 19, 2016 -- Page 7 Case 16-001 MUR—Wells Fargo Bank J��- 1711inn Fagg, AICP Marcus L. Fuller, MPA, P.E., P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, City Manager Attachments: 1. Vicinity Map 2. Resolution 3. Conditions of Approval 4. Site photos 5. Mural Design Package 07 ~ pp P[M SPf N Department of Planning Services W e ,...o Vicinity Map C'p<I f O RN�P S R1A a o o z R3 w CBO-- z C80 LSC a 2 J U ' a Ow R7A RAMON RO - zz z U z O C7 O R3 Q C1 R2 1421 '. RIA i _- - - CAMINO PAROCELA PD Legend i 0500 Ft. Radius ®Sde BELAROO Zoning ___.. _.___ C2 CM ---- Parcels ' R3 C2 CITY OF PALM SPRINGS Case 16-001 MUR Wells Fargo Bank 543 South Palm Canyon Drive 08 RESOLUTION NO. 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. 2. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or axed. 09 City Council Resolution No. October 19, 2016 Case 16-001 MUR Page 2 of 4 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. 7. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety. City Council Resolution No. October 19, 2016 Case 16-001 MUR Page 3 of 4 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 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. AYES: NOES: ABSENT: ABSTAIN: David H. Ready, City Manager ATTEST: James Thompson, City Clerk 1 City Council Resolution No. October 19, 2016 Case 16-001 MUR Page 4 of 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. _ 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California i c�. RESOLUTION NO. 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. Project 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 L3 City Council Resolution No. 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; 14 City Council Resolution No. 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 z5 ny - . t m K..vI: W'ynv JUVOI ilYi .._ 5• �Y iifi ^/ir'. v w. 1 . �Y• I y i 4Rl a ,vt 1. 1�.