HomeMy WebLinkAbout5/4/2016 - STAFF REPORTS - 2.H. {OQ PALM 5.
c
V N
'c'94IFOM1N�P,
CITY COUNCIL STAFF REPORT
DATE: MAY 4, 2015 CONSENT AGENDA
SUBJECT: DIANE STEWART, OWNER, FOR AN ART MURAL APPLICATION FOR
AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT 2481-2483
N. PALM CANYON DRIVE. (CASE 15-003 MUR). (GM)
CASE: 15-003 MUR - WOMEN WITH SUNGLASSES
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council to consider a request by Diane Stewart for approval of an Art Mural
Application for an existing mural on the commercial building at 2481-2483 North 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 LOCATED AT 2481-2483 NORTH PALM CANYON
DRIVE, ZONE C-1, SECTION 3.
ISSUES:
a The mural was completed in April 2012 prior to the adoption of the City's mural
ordinance; however, no approvals were sought at that time to repaint the
building.
BACKGROUND:
Related Relevant City Actiods,b , Planning , Fire Build ,4c.
April 2012 'Woman With Sunglasses" mural painted on the side of the building at
2481-2483 N. Palm Canyon Drive
10/29/13 Code Enforcement sends first Courtesy Notice regarding painting of mural
requesting compliance by November 12, 2013
06/04/14 The City Council approved Ordinance #1853, establishing the regulations
andapproval process for art murals.
07/30/15 Mural Application submitted to Planning De artment.
ITEM? NO. .2. N
City Council Staff Report
May 4, 2016 -- Page 2
Cases 15-003 MUR—Woman with Sunglasses
10/21/15 AAC votes to recommend approval of mural to Planning Commission as
submitted.
1/14/16 Public Arts Commission recommends approval.
3/9/16 Planning Commission recommends approval of the Art Mural application
to the City Council.
Most Recent Ownership
05/23/2001 Diane Stewart
Field Check
09/15/2015 Staff visited site to observe existing conditions
Notification
1/27/2016 Notice sent to all property owners within 500 feet of mural site at least 30
days prior to the Planning Commission consideration.
Details of Application Request
Site Area
Net Area 5,310-square feet
' . ra 1
11?
\ F
Subject Site: 2481-2483 N. Palm Canyon Drive
02
City Council Staff Report
May 4, 2016 -- Page 3
Cases 15-003 MUR—Woman with Sunglasses
SubviOnsdrng Exfsting General PIA s EaFistrrlg Land 1>/se Existing.Zoning
P' . '_Fbe�i iiation�s '' aa > �rt�. L�e�r `n�tlon
Subject MXD (Mixed-Multi Use) Retail /Art Gallery C-1 (General
Property Commercial
North MXD (Mixed-Multi Use) Retail / 7-11 C-1 (General
Commercial
South MXD (Mixed-Multi Use) Vacant - Nursery C-1 (General
Commercial
East MXD (Mixed-Multi Use) Vacant C-1 (General
Commercial
West MXD (Mixed-Multi Use) Multi-Family R-2 (Multi-Family
Residential Residential
ANALYSIS:
The applicant has requested approval of an existing mural located on the angled north
fagade of the commercial building at 2481-2483 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" founded in urban centers. The mural was created by
Los Angeles artist James Haunt known for his signature California dream girl design.
The installation of the mural preceded the City's mural ordinance, which was adopted in
June 2014; final approval of this application by City Council will satisfy the requirements
of the mural approval process.
The approval process for murals is identified in Section 5.81.030 of the Palm Springs
Municipal Code; 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 October 21, 2015, and recommended approval of the application
subject to the conditions proposed by staff. The AAC found that the mural enhances
the otherwise blank wall of a commercial building and is appropriate in its location. The
Public Arts Commission reviewed the application on January 24, 2016, and is in favor of
leaving the mural in place and recommended approval to the Planning Commission and
City Council. The Planning Commission reviewed the Mural Application at the March 9,
2016 meeting and voted to approve with a favorable recommendation to the City
Council.
As part of the approval criteria listed in Section 5.81 of the code, the Planning
Commission is to review mural applications for compatibility as to location and
placement on the structure, and other applicable requirements of the zoning code. The
mural has been reviewed under the Architectural Review criteria listed in Section
94.04.00(D), as detailed under the Findings section listed below.
The applicant has submitted a covenant and maintenance agreement for the mural, as
required by Section 5.81.020 of the Palm Springs Municipal Code. This agreement
03
City Council Staff Report
May 4, 2016 -- Page 4
Cases 15-003 MUR—Woman with Sunglasses
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 will be
executed upon approval of the application.
FINDINGS —ART MURAL REGULATIONS AND REQUIREMENTS:
Palm Springs Municipal Code Section 5.81.040 requires that the owner of the property
on which the mural is placed shall deliver to the City a covenant for recordation,
providing that the mural will be maintained at all times in full compliance with code
requirements. The covenant shall be required as a condition of approval of this
request.
Palm Springs Municipal Code Section 5.81.050 outlines the following regulations for art
murals:
9. The mural shall remain in place, without altemation, 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 north facing building fagade visible from North Palm
Canyon Drive. The mural does not exceed the height of the structure.
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 painted directly on the building surface, and does not project from
the wall plane.
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 does not consist of or contain any electrical or mechanical
components.
04
City Council Staff Report
May 4, 2016-- Page 5
Cases 15-003 MUR—Woman with Sunglasses
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 painted on 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 is not illuminated at night.
7. Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
The mural is directly painted on the building fagade, and does not use any
digitally printed images. No approval shall be required from the Fire Department
or the Department of Building and Safety.
8. A mural shall not be created without the final authorization of the Palm Springs
City Council.
The mural was established in 2012 prior to the adoption of the City's regulations
for murals. However, approval of 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:
In addition to the required findings listed previously, the Architectural Advisory
Committee and Planning Commission reviewed the submitted application for
conformance to the applicable requirements listed in Section 94.04.00(D), as discussed
in the table below:
ARCHITECTURAL GUIDELINES:
Item _GuR1e11 *W04166fionc' .
1 Is the proposed development Yes Mural painted on the north
compatible with the character of side of the commercial
adjacent and surrounding building enlivens an
developments? otherwise large blank
cinderblock wall with a
colorful and energetic
painting.
05
City Council Staff Report
May 4, 2016-- Page 6
Cases 15-003 MUR—Woman with Sunglasses
2 Is the proposed development of Yes The mural is constructed
good composition, materials, with quality materials which
textures, and colors? have been resistant to
fading and changes in
pigment over the past three
ears.
3 Harmonious relationship with Yes The mural as described by
existing and proposed adjoining the artist utilizes vibrant
developments and in the context of colors consisting of
the immediate oranges, blues, reds, pinks,
neighborhood/community, avoiding and grays to convey an
both excessive variety and urban street image not
monotonous repetition, but allowing commonly seen in Palm
similarity of st le, if warranted Springs.
4 Maximum height, area, setbacks and Yes The mural is painted from
overall mass, as well as parts of any grade level to roof line and
structure (buildings, walls, screens, wraps onto the building
towers or signs) and effective front balcony further
concealment of all mechanical enhancing the uniqueness
equipment of the painting.
5 Building design, materials and colors Yes The mural utilizes a mix of
to be sympathetic with desert vibrant colors that can be
surroundings found in the surrounding
desert flowers, mountains,
and landsca es.
6 Harmony of materials, colors, and Yes The mural uses the varying
composition of those elements of a building angles to add
structure, including overhangs, roofs depth and dimension to the
and substructures which are visible north facing wall which
simultaneously would not be present if
painted one solid color.
The main feature of the
mural being a woman with
sunglasses wraps around
the front fagade and onto
the 2Id story balcony. The
location of the woman's
face positioned to the left
with abstract design to the
right provides an interesting
art piece unlike other
buildings in the immediate
area.
06
City Council Staff Report
May 4, 2016 -- Page 7
Cases 15-003 MUR—Woman with Sunglasses
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.
Flinn Fagg, AICP Marcus L. Fuller, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager/City Engineer
2�� J
David H. Ready, Esq., Ph
City Manager
Attachments:
1. Vicinity Map
2. Resolution
3. Conditions of Approval
4. Covenant to Maintain
5. Meeting Minutes of AAC on October 12, 2016
6. Meeting Minutes of Public Arts Commission on January 14, 2016
7. Meeting Minutes of Planning Commission on March 9, 2016
8. Mural Photos
9. Mural Application
10.News Article on Mural Artist - James Haunt
07
N
PpP�M SP
Department of Planning Services '
��...,. { Vicinity Map
cg4ro¢N�P,
S
CABRILLO RD Y - -
CABRILLO RD _
w
fI
, O
ti CORTEZ RD
,
r
RACQUET CLUB RD
i
?o Q
is
: ,
- -
VIA OLIVERA
I
X
Legend
17-7 500'Radius
® Site
CITY OF PALM SPRINGS
09
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 15-
003 MUR FOR AN ART MURAL ON THE COMMERCIAL
BUILDING AT 2481-2483 NORTH PALM CANYON DRIVE,
ZONE C-1.
A. Diane Stewart, owner ("Applicant") has filed an application with the City
pursuant to Section 5.81 of the Palm Springs Municipal Code for the approval of
an existing art mural on the commercial building at 2481-2483 N. Palm Canyon
Drive, Zone C-1. (Case No. 15-003 MUR) ("Application")
B. On October 21, 2016, the Architectural Advisory Committee met and voted
to recommend approval of the application to the Planning Commission.
C. On January 14, 2016, the Public Arts Commission met and voted to
recommend approval of the application to the Planning Commission and City
Council.
D. On March 9, 2016, the Planning Commission met and voted to approve
with a favorable recommendation of the Mural application to the City Council.
E. On May 4, 2016, the City Council considered the Mural 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. 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.
H. 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.
I. Pursuant to Section 5.81 of the Palm Springs Municipal Code, the City
Council finds:
1. The mural shall remain in place, without altemation, 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.
09
City Council Resolution No. May 4, 2016
Case 15-003 MUR Page 2 of 4
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 north facing building fagade visible from North
Palm Canyon Drive. The mural does not exceed the height of the
structure.
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 painted directly on the building surface, and does not project
from the wall plane.
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 does not consist of or contain any electrical or mechanical
components.
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 painted on 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 is not illuminated at night.
7. Digitally printed image murals shall receive approval of both the Fire
Department and Department of Building and Safety.
The mural is directly painted on the building fagade, and does not use any
digitally printed images. No approval shall be required from the Fire
Department or the Department of Building and Safety.
8. A mural shall not be created without the final authorization of the Palm
Springs City Council.
10
City Council Resolution No. May 4, 2016
Case 15-003 MUR Page 3 of 4
The mural was established in 2012 prior to the adoption of the City's
regulations for murals. However, approval of this application will bring the
mural into conformance to the City's approval process requirements.
THE CITY COUNCIL RESOLVES:
Based upon the foregoing, the City Council hereby recommends approval of
Case 15-003 MUR for an art mural on the commercial building located at 2481-
2483 North Palm Canyon Drive subject to the conditions of approval attached
herein as Exhibit A.
ADOPTED this 4th day of May, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
� 1
City Council Resolution No. May 4, 2016
Case 15-003 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
12
RESOLUTION NO.
EXHIBIT A
Case 15-003 MUR
An Art Mural for a commercial building located at 2481-2483 North Palm Canyon Drive
May 4, 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. Proiect Description. This approval is for the project described per Case 15-
003 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 30, 2015, 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 15-003 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
13
City Council Resolution No.
Case 15-003 MUR—2481-2483 North 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 15-003 MUR—2481-2483 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. 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.
END OF CONDITIONS
15
NO FEE DOCUMENT
Government Code§ 6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
[Space Above This Line For Recorder's Use Only]
COVENANT TO MAINTAIN ART MURAL ON PRIVATE PROPERTY
This Covenant to Maintain Art Mural on Private Property (this "Covenant") is made as of this
day of , 20_ by Diane Stewart ("Owner") for the benefit and in favor of the
City of Palm Springs, a California charter city and municipal corporation (the "City").
Owner is the fee title owner of that certain real property generally located at 2481-2483 North
Palm Canyon Drive in the City of Palm Springs, County of Riverside, State of California, identified by
Riverside County Assessor's Parcel Number 504-224-010 and more particularly and legally described as
follows:
[Insert legal description]
Owner has installed an art mural at the above-described property (hereinafter, the "Property") in
accordance with the requirements of Palm Springs Municipal Code Chapter 5.81, as may be amended
from time to time, and the application approved by the Palm Springs City Council on [insert date of
approval(insert CC Resolution No.)](the "Mural").
Owner hereby covenants and agrees that the Mural will be maintained at all times in full
compliance with Palm Springs Municipal Code Chapter 5.81, as may be amended from time to time, and
kept in a good, clean, and first class condition. Owner further covenants and agrees to perform any and all
necessary repairs and maintenance of the Mural, at Owner's sole cost and expense, to the reasonable
satisfaction of City, as determined by the City Manager. If the Mural is damaged and/or not maintained to
the standards set forth in this Covenant, City shall provide Owner with a written notice directing Owner
to repair the Mural. In addition to all other remedies provided by law, if Owner fails or refuses repair the
Mural within 30 days of the written notice, City at its option may require Owner to (1) remove the Mural
and restore the Property its prior condition, or(2)enter upon the Property and either perform all necessary
repairs or remove the Mural, and charge Owner for the costs therefor. In the event Owner fails to
reimburse City for the reasonable repair or removal costs, City may assess its costs against the Property
and establish a lien to be collected in the same manner as nuisance abatement liens pursuant to
Section 1 1.72.265 of the Palm Springs Municipal Code, as may be amended from time to time.
This Covenant shall remain in full force and effect for as long as the Mural exists, shall run with
the land, shall be binding on Owner's successors and assigns, and shall be enforceable by and shall inure
to the benefit of the City.
In the event that any action or proceeding is instituted for the interpretation or enforcement of this
Covenant, the prevailing party in such action or proceeding shall be entitled to recover from the other
party, all costs and expenses related to such action or proceeding, Including, without limitation all
attorneys' fees and expert witness fees, both at trial and on appeal. 16
1069587.2
Owner hereby agrees to indemnify, defend and hold harmless the City, its officers, agents and
employees from and against any and all actions, suits, claims, damages, losses, costs, penalties,
obligations, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any
way connected with any act, omission or negligence of Owner, its agents, employees or contractors, or
from the existence of the Mural on the Property, or related to this Covenant, including, without limitation,
bodily injury to or death of persons, injury or damage to property and attorneys' fees, but excluding such
Claims or Liabilities resulting solely from the willful misconduct of the City, its officers, agents,
representatives or employees who are directly responsible to the City.
Executed this day of 20_
"OWNER
a :
By:
Its:
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By: By:
City Attorney
17
1069587.2
ACKNOWLEDGEMENT
State of California
County of ) SS
On before me, personally
appeared who proved to me on the basis of satisfactory
evidence to be the person (s) whose names (s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that
by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the
person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal.
(SEAL)
(Signature)
18
1069587.2
Architectural Advisory Committee Minutes
October 12,2015
the plan. He suggested that plant sizes are too small and need to be I r than 1
gallon.
Chair Fredricks and Member Lockyer agreed that the pi sizes presented are too
small.
M/SIC (Fredricks/Purnel, 6-2 absent Seco - sen/Song) To continue with direction to
the applicant to consider the followin nges:
• Simplify plant palate
• Add 3 shade s to be at least 24" box.
• Barrel us to be at least 10" diameter.
• ucca to be 5 gallon.
Ocotillo height to be at least 6' with multiple canes.
6. DIANE STEWART OWNER, FOR AN ART MURAL APPLICATION FOR AN
EXISTING MURAL ON THE COMMERCIAL BUILDING AT 2481-2483 NORTH
PALM CANYON DRIVE (CASE 15-003 MUR). (GM)
Assistant Planner Mlaker provided an overview of the existing mural. He stated that
Member Secoy-Jensen sent an email suggesting that: the overspray from the mural
onto the aluminum window framing is removed.
Member Fauber said he likes the mural but prefers to keep the mural on the L-shaped
wall instead of building with the screen.
Member Hirschbein spoke in support of the mural. He likes the colors and what it does
to this corner.
Vice-Chair Cassady and Member Purnel spoke in support of the mural.
M/S/C (Fredricks/Cassady, 6-2 absent Secoy-Jensen/Song) Approve, as submitted.
7. SPRINGS PROMENADE, LLC FOR A MAJOR ARCHITECTURAL
APPLI TO CONSTRUCT A 6-STORY, 112,862-SQ. FT. RESORT
HOTEL CONS OF 142-ROOMS, MEETING SPACE, RESTAURANTS,
SPA AND FITNESS CE ON BLOCK "B-1" OF THE DOWNTOWN PALM
SPRINGS PROJECT LOCA T THE NORTHEAST CORNER OF
BELARDO ROAD AND MAIN STREET, BD (CASE 3.3908 MAJ). (DN)
Associate Planner Newell summarized the project modifications a ined in the staff
memorandum.
4 �9
City of Palm Springs-Public Arts Commission
Regular Meeting Minutes
January,14,2016
Page
D. LEGISLATIVE:
7. MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST FOR APPROVAL OF
AN ART MURAL APPLICATION BY DIANE STEWART FOR AN EXISTING MURAL ON THE
COMMERCIAL BUILDING AT 2481-2493 NORTH PALM CANYON DRIVE (CASE 15.003 MUR) IN
ACCORDANCE WITH THE GUIDELINES SET 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 #15-003 and Adopt a Resolution of the Public
Arts Commission Making a Recommendation to City Council for Consideration.
Glenn Mlaker, Associate Planner, City of Palm Springs Planning Department, briefly reported —
Previously the City had viewed this mural as a sign until the mural ordinance was adopted in 2014.
The mural was reviewed by the Architectural Advisory Committee,who recommended approval.
The Commission is in favor of leaving the mural in place.
MOTION: By Commissioner Gladstone, second by Vice Chair Yanni to recommend approval of the
mural to Planning Commission and City Council; unanimously approved
E. SUBCOMMITTEE REPORTS
B. Special Projects Report by Chair Sheffer
Chair Sheffer prepared and distributed a summary of actions taken by the Commission in 2015.
Chai effer also distributed copies of an article from Palm Springs Life(Summer 2015).
Copies were o distributed of the Public Art Map, which is created by the Commission/City of Palm
Springs and was d in a Chamber of Commerce publication.
Chair Sheffer moved to ate a subcommittee to work on a "book" on the restoration of the Hunt
Totem Pole; Ms. Aylaian ad d Chair Sheffer that this item was not on the Agenda for action, this
would not be an appropriate tt for a vote. This item will be reported on in Reports of Staff; if
Commissioners would like somethi ore discussed or action taken they may make that request
during Commissioner Comments.
Chair Sheffer would like a social media pres e; would like to write an RFP and hire a web
developer or social media"person"to hire on a con ct.
COMMISSIONER COMMENTS/REPORTS/REQUESTS:
Commissioner Sand — has been asked by the James 0. Jessie Desert Highland 'ty Center to come to another
community meeting to discuss further what the ideas are regarding the mural. W d like to find out what the
community would like to do in regards to archiving,preserving and/or fund-raising, etc.
Commissioner Edmundson — has concerns on the reinstallation of the Totem Pole. It would ain sit where it
might get hit by sprinklers; is also concerned about the elements, i.e., sun, heat and rain dama - knows that
people in that community feel very strongly about the Totem Pole. There is a lot of discussion tha eeds to
happen before the reinstallation and need to be sensitive to what everyone wants. This item will be agendl for
the next regular meeting.
20
• Planning Commission Minutes
City of Palm Springs
March 9,2016
The agenda was unanimously approved, as amended.
PUBLIC COMMENTS:
Chair Klatchko opened public comments:
FRANK TYSEN, Historic Tennis Club Neighborhood rganization, chairman, spoke in
full support of the Item 2B., the Orchid Tree project.
RANDY SCOTT, resides on Marguerite Street, estioned if funds have been acquired
for the landscape improvements on a vacan of adjacent to the new development on
34th Street.
There being no further appearances p is comments was closed.
1. CONSENT CALENDAR:
ACTION: Approve Items 1 nd 1 B as part of the Consent Calendar.
Motion: Commissioner onenfeld, seconded by Vice-Chair Calerdine and unanimously
carried 6-0-1 on a rot all vote.
AYES: Co missioner Donenfeld, Commissioner Lowe, Commissioner Middleton,
mmissioner Weremiuk, Vice-Chair Calerdine, Chair Klatchko
ABSENT: ommissioner Hirschbein
1A. PROVAL OF MINUTES: FEBRUARY 24, 2016
proved, as submitted (noting Commissioner Weremiuk's abstention).
1B. DIANE STEWART OWNER, FOR AN ART MURAL APPLICATION FOR AN
EXISTING MURAL ON THE COMMERCIAL BUILDING AT 2481-2483 NORTH PALM
CANYON DRIVE (CASE 16-003 MUR). (GM)
Approved, as submitted.
it
2. PUBLI GS:
Item 2B. was heard out of order.
21
AR
.� ► u:
Ak
dk
.:e
e n.
14,
i l`
,, 1
�•y • I �Y
510Z /6010L
ti
I L.
Y
• a�. � AS` yt '`'} � � t � � 1 .� Lys
_ A
w�
SY
. aY.
IT
i
R�.
"&
94H / 60 / 5l
j'I 5
d .
•`at1►
is k
9 �tiJ V�
X,
Ua
r s
rrv+r 9
S1
ep, y S
4.
r
CITY OF PALM SPRINGS o�titi l o �L�
PLANNING DEPARTMENT APPLICATION 9p�s� �1is
ART MURAL 2'F2
c�uroa� \ Fs
ART MURAL APPLICATION #
Definition:Mural—a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence,
on a commercial, industrial, or multi-family building, visible to a public right-of-way distinguished from signage in that it
does not advertise a business, commercial endeavor, or product sold or offered on the site or offsite.
Diane Stewart
Applicant's Name:
215 W Mission Street, Santa Barbara, CA 93101
Applicant's Address:
805-845-0255, 760-774-6184 stewartfineart@cox.net
Phone#: Email:
2481-2483 N Palm Canyon Drive "
Site Address: Site APN: X) t-{ ' ZZL( —Q1( )
Diane Warren Stewart 805-845-0255
Property Owner: Phone #
Property Zone: Sec: Twp: Range:
California Dream
Title of Mural:
Description of Mural:
Original painting of womans face with sunglasses by James Haunt, additional abstract outline by
Zes - Los Angeles based mural artists, painted April 2012
Procedure: An application for an Art Mural Permit shall be submitted to the Department of Planning Services
in compliance with all requirements of Section 5.81 of the Municipal Code and Sections 93.20.00 & 93.20.03 of
the Palm Springs Zoning Code. This application shall be accompanied by the following:
1. A processing fee of$1,000.00, plus Notification fee of $872.00.
2. Detailed drawings with color samples or photograph of sufficient descriptive clarity to indicate
the nature of the mural including background information about the artist.
3. Detailed site plan showing the location of the mural in relation to immediate vicinity.
4. Photos of proposed mural location showing properties immediately adjacent to site.
5. Justification Letter.
6. Notice labels for all property owners within 500 feet from mural site.
7. Covenant agreement by property owner to be recorded.
8. Maintenance plan guaranteeing the mural be maintained in a first class appearance to the
satisfaction of the City, including protection of the mural against physical defacement, or
alteration.
Applicant's Signature _ 1 p/ Property Owners Signature Date of Submittal
Diane Stewart {�I if p Diane Warren Stewart 07-27-2015 2
Mural was painted by the artists over two years ago prior to the existence of any permit regulations. The
mural is being maintained by the artists, and will continue to be maintained by them. I have mailed a
check made out to the City of Palm Springs for the full amount of $936.00 which is what I have been
quoted by Mr. Douglas Holland, Palm Springs City Attorney. Thank you, Diane Stewart
RECEIVED
JUL 3 0 2015
PLANNING �ERVicE5
DEPARTMENT z L U J
Street Art Meets Desert Art I California Desert Art by Ann 7apenga http://www.califomiadesertart.com/?p=1270
californiadesertart.com http:/twww.califomiadesenart.com/?p=1270
Street Art Meets Desert Art
By Ann Japenga
In desert art circles, the name Kevin Stewart equals respectability. The art appraiser and dealer is known for his
impeccably pressed pinstripe shirts and his encyclopedic knowledge of desert art. You could take the man
anywhere.
So what was he doing out in front of his Palm Springs
gallery on Friday, with hip-hop music blaring, urban -
youth milling about, and a long-haired young man on a
ladder spray-painting a woman's face on the side of his
building?
.wroe ...
In a clattering collision of universes, Kevin Stewart-the wow -
dean of desert art dealers—has just become the father .
of Palm Springs Street Art. A form of underground
public art evolved from graffiti, Street Art has exploded
in urban centers and even rated its own show at the
Museum of Contemporary Art in LA last year. But
there's been no action in the Coachella Valley and this Photos by Christy Porter
industrial-looking stretch of North Palm Canyon had
never seen a spray can. Till now.
Not much had been going on at the Stewarts' building since they recently opened a new gallery in Santa
Barbara. Then Kevin's wife, Diane, alerted me by e-mail the other day that I might want to check out the
progress on their new mural.
I parked at the 7-11 at North Palm Canyon and Racquet
Club and walked around the corner to find a cherry picker
parked in front of the gallery. The side of the building was
nearly covered by dark, edgy swaths of paint. Kevin and
Diane's 20-year-old son, Jeff, was out front wearing a
T-shirt designed by artist James Haunt, the same man
who was currently standing on the ladder above us.
Haunt dropped an empty spray can that clattered to the
sidewalk; we all jumped back. When passer-by spotted
the artists, they honked their horns happily—no doubt
overjoyed to see urban street action amidst the numbing t
expanse of country clubs.
The mural is a byproduct of the Coachella Valley Arts and
Music Festival, starting next weekend (April 13, 2012). In
The artists painting Kevin's building had done gigs at
Coachella in the past and this year wanted to find a wall
to paint. James Haunt,photo by Chn-ty Porter
28
1 of 3 9/15/2015 9:01 AM
Street Art Meets Desert Art I California Desert Art by Ann Japenga http://www.califomiadesertart.com/?p=1270
James Haunt and friends were looking for a likely site
one day, with Palm Springs art collector Chris Cowper
in tow. As they drove by the corner of Palm Canyon
and Racquet Club, Chris saw the angled wall of the
Stewarts' building and decided to phone Kevin, a friend '
who had appraised his art in the past. He didn't really Nt4l
think the traditional art dealer would jump at the
chance to have his building splattered with glorified
gangster graffiti.
Kevin told Chris he'd think about it and call him back. "I
thought about it for about three minutes before I said
OK," Kevin told me. "I said: 'Palm Springs needs this... James modifying his brushes.
Kevin was worried his wife Diane might not agree, so
he didn't bring it up until the painters were already at work. The team set up in the middle-of-the night, and
were questioned about their unusual operation by the police.
The crew assured police the building owner was on board. As it turned out, both building owners were
on-board: Diane, too, was delighted with the idea.
As I talked to Kevin out in front of his building, watching the
artists at work, he was as enthused as I'd ever seen him. In
fact he said he hadn't been as jazzed since he joined the
Love-Ins in San Francisco during the hippie era. "Art is
about reaction. This is something that's surprising," he
said. "These guys have so much inside them that they want
to express. Their art is big."
Kevin has no plans of abandoning California Impressionism
in favor of Street Art. Well, maybe just for today. "We're ra'
going to open some minds," he said. "This art can get yourw '
mind going."
The artists were equally jazzed—by being the first in Palm Springs and by the size and visibility of the wall. "Hey
this is a monster wall,"said crew member Justin Glikman.
While Street Art may be getting more mainstream in recent years (thanks in part to Keith Haring and Shepard
Fairey) it remains unsanctioned. No one had a permit in their pocket, so as we stood on the corner we all kept
looking over our shoulders for a City inspector who might show up and object.
Even if they did, "It's up. We're there,"Justin said with relief.
The Stewarts' mural is a collaboration between James Haunt, known for his signature California dream girl
design, and Zes MSK who has a more abstract style. James arrived fresh from painting the first-ever Street Art
mural at the Roxy in LA.
On a break from the ladder, the artist told me he's hardly ever visited the Palm Springs area, except for the
Coachella Festival, but during this visit he went hiking in the Indian Canyons. "It's growing on me," he said.
Street, meet desert. Desert, meet Street.
29
2 of 3 9/15/2015 9:01 AM
Street Art Meets Desert Art California Desert Art by Ann Japenga http://www.califomiadesertart.com/?p=127C
Palm Springs first major Street Art went up in just two days. As a final touch, James Haunt painted a tribute to
Kevin and Diane Stewart's son, who died last year of a rare genetic disease: "For Matthew, who loved art."
For more information: JamesHaunt.com
Inquiries: Justin@jameshaunt.com
When in Santa Barbara, be sure and visit the Stewarts'
new gallery:
Kevin Stewart Fine Art
I
215 W. Mission Street. (805) 845-0255
stewartfineart@cox.net
3 f'
3 of 3 9/15/2015 9:01 AM