HomeMy WebLinkAbout23832 RESOLUTION NO. 23832
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE
NO. 15-001 MUR FOR AN ART MURAL ON THE
COMMERCIAL BUILDING AT 810 N. FARRELL DRIVE,
ZONE M-1-P.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Nathan and Gina Otto, ("Applicants") have filed an application with the City
pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the approval
of an existing art mural on the commercial building at 810 N. Farrell Drive, Zone M-1-P,
APN: 507-350-008.
B. On March 23, 2015, the Architectural Advisory Committee met and voted to
recommend approval of the application to the Planning Commission, subject to
conditions.
C. On April 8, 2015, the Planning Commission held a public meeting in accordance
with the requirements of PSMC Section 5.81.030(a), after notifying all property owners
within 500 feet of the location prior to the meeting, and voted to recommend denial of
the application to the City Council, finding the artwork inconsistent with the mural
definition contained in PSMC Section 93.20.03(19).
D. On April 9, 2015, the Public Arts Commission met and reviewed the mural
application, and after reviewing the application materials and the decision of the
Planning Commission, voted to recommend denial of the application to the City Council,
also finding the mural to be inconsistent with the definition contained in PSMC Section
93.20.03(19).
E. However, the City Council carefully reviewed and considered all of the evidence
presented in connection with the hearing on the application on May 20, 2015, including,
but not limited to, the staff report, the recommendations of City boards and
commissions, and all written and oral testimony presented, and found that the mural is
consistent with the requirements of PSMC Chapter 5.81.
THE CITY COUNCIL DOES HEREBY FIND AS FOLLOWS:
SECTION 1. The application is considered a project pursuant to the terms of the
California Environmental Quality Act ("CEQA"), as the application requires discretionary
action. However, the mural is a minor alteration to an existing building, and staff has
determined that the project is Categorically Exempt as a Class 1 exemption pursuant to
Section 15301 of the CEQA Guidelines (Existing Facilities).
Resolution No. 23832
Page 2
SECTION 2. Pursuant to PSMC Section 5.81.050, `Regulations," 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.
The mural occupies an architectural projection in the building fagade,
which serves as the frame or boundaries for the art piece. 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 light
industrial 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.
Resolution No. 23832
Page 3
A condition of approval will be included to limit the intensity of light in
accordance with code requirements.
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 shag not be created without the final authorization of the Palm
Springs City Council.
The mural was established in 2013 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.
NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City
Council hereby approves Case No. 15-001 MUR, subject to the conditions of approval
attached herein as Exhibit A.
ADOPTED THIS 3RD DAY OF JUNE, 2015.
9✓�
DAVID H. READY, ANAGER
ATTEST:
Vi
MES THOMPSON, CITY CLERK
Resolution No. 23832
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. 23832 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 3`d day of June, 2015, by
the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tern Lewin,
NOES: None.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, California
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RESOLUTION NO. 23832
EXHIBIT A
Case 15-001 MUR
An Art Mural for a commercial building located at 810 N. Farrell Drive
June 3, 2015
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-
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 February 2, 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 15-001 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. 23832
Case 15-001 MUR —Hot Purple Energy 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 with this
Chapter. 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. 23832
Case 15-001 MUR —Hot Purple Energy 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