HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS - 5.A. P P LM s'04
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" CITY COUNCIL STAFF REPORT
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DATE: May 20, 2015 NEW BUSINESS
SUBJECT: A REQUEST BY NATHAN AND GINA OTTO FOR APPROVAL OF AN
ART MURAL APPLICATION FOR AN EXISTING MURAL ON THE
COMMERCIAL BUILDING AT 810 N. FARRELL DRIVE, ZONE M-1-P,
AND APPROVAL OF A CEQA NOTICE OF EXEMPTION (CASE 15-001
MUR).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
PROJECT DESCRIPTION
This is a request for approval of an Art Mural application for an existing mural on the
commercial building at 810 N. Farrell Drive.
ISSUES
• The mural was installed prior to the adoption of the City's mural regulations.
• The inclusion of a portion of the company's logo in the mural does not meet the strict
definition of a "mural" as contained in PSMC Section 93.20.03(19).
RECOMMENDATION
1. Take action on the consideration of an approval or denial of Case 15-001 MUR.
2. Direct staff to prepare a resolution based on the action taken.
BACKGROUND INFORMATION
Related Relevant Actions by Planning,`Building, Fire etc.
06/04/14 The City Council approved Ordinance #1853, establishing the
regulations and approval process for art murals.
The Architectural Advisory Committee reviewed the application and
03/23/15 recommended approval to the Planning Commission, subject to
conditions.
City Council Staff Report
Case 15-001 MUR
May 20, 2015— Page 2 of 6
The Planning Commission reviewed the application and
recommended denial of the request. The Planning Commission
04/08/15 found that the inclusion of the company's logo in the artwork did not
meet the strict definition of a mural as contained in the code, and
recommended that the application be resubmitted as a sign
application.
The Public Arts Commission reviewed the application and concurred
04/09/15 with the recommendation of the Planning Commission, and
recommended denial of the request.
Most Recent Change of Ownership
11/27/13 Nathan & Gina Otto
Field Check
03/17/15 Staff visited the site to observe existing conditions.
Notification
Notice sent to all property owners within 500 feet of the mural site.
03/09/15 Please note that PSMC Chapter 5.81 does not require additional
notification for City Council consideration of the application.
DETAILS OF APPLICATION REQUEST
Site Area
Net Acres 1.77 Acres
Surrounding Existing Land Use Existing General Existing Zoning
Property Per Chapter 92 Plan Designation Designation
Office/Light M-1-P (Planned
Subject Property Industrial IND (Industrial) Research and
Development Park
M-1-P (Planned
North Undeveloped IND (Industrial) Research and
Development Park
South Single-Family VLDR (Very Low R-1-C (Single-
Residential Density Residential) Family Residential
Office/Light M-1-P (Planned
East Industrial IND (Industrial) Research and
Development Park
West Single-Family VLDR (Very Low R-1-C (Single-
Residential I Density Residential) I Family Residential
02
City Council Staff Report
Case 15-001 MUR
May 20, 2015— Page 3 of 6
ANALYSIS
The applicants have requested approval of an existing mural that is located on the west
fagade of the commercial building at 810 N. Farrell Drive. The mural is entitled "Purple
Mountains' Majesty," and was completed in late 2013 by artist Aaron Hansen. The
mural occupies an architectural projection on the west fagade of the building, and is
approximately 180 square feet in area. The applicants describe the mural as an artwork
that promotes awareness of the "homeostatic relationship between sustainable energy
and the environment." The mural features the letter "E" within a painted circle at the
center of the mural, which is part of the logo for the business that occupies the building.
The mural was developed and installed prior to the adoption of mural regulations by the
City, and no permits were issued at the time it was installed. Approval of this
application will bring the existing mural into conformance with the review process and
permit requirements listed in the municipal code.
The criteria for the approval of murals are listed in PSMC Section 5.81.050, and are
discussed in the "Findings" section of this report. The criteria include requirements that
limit the height of the mural and maximum projection from the wall plane,
illumination/animation restrictions, zoning restrictions, safety requirements, and a
minimum time period for the mural to remain in place. In addition, the code requires the
submittal of a maintenance plan; the applicant has submitted a plan that includes
regular inspections of the artwork, and the use of a conservator (or the artist) to restore
the mural if any graffiti or damage is sustained. Finally, the property owner is required
to submit a covenant to the City 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.
The approval process for murals is identified in Section 5.81.030 of the Palm Springs
Municipal Code (PSMC); the application must be reviewed by the Architectural Advisory
Committee (AAC), the Planning Commission, the Public Arts Commission, and is then
forwarded to City Council for action. The application has been reviewed by all three
boards and commissions; the AAC recommended approval of the mural and found it to
be consistent with the aesthetic requirements of the code. The Planning Commission
and Public Arts Commission found that the inclusion of a portion of the company's logo
as part of the mural was inconsistent with the definition of a mural, and recommended
denial of the request.
The definition of a mural is as follows per Section 93.20.03 of the code:
"Mural" means a painting or artwork temporarily or permanently affixed to
a building wall, freestanding wall, or fence, on a commercial, industrial, or
multifamily 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 off-site.
While the mural does not include the company name or images of the products sold by
03
City Council Staff Report
Case 15-001 MUR
May 20, 2015— Page 4 of 6
the company, it does not include a portion of the company's logo. The Planning
Commission found the inclusion of the logo as being inconsistent with the definition of a
mural, and recommended that the mural be treated as a sign. The zoning code limits
the company to a single sign advertising the business; the applicant would need to file a
Variance application if the mural were to be treated as a sign as recommended by the
Planning Commission, due to the fact that there is already a principal sign in place on
the property. However, the Variance application would not meet the criteria listed in
Section 94.06.00(B), as there are no special circumstances applicable to the subject
property. Consequently, it is not recommended that the applicant file a Variance
application to allow the mural to be treated as a second sign for the business. As the
Variance application is not a viable option, City Council could take the following actions
relative to this application:
• Approve the application as submitted; or
• Deny the application and require the property owner to remove the mural.
FINDINGS — ART MURAL REGULATIONS AND REQUIREMENTS
PSMC Section 5.81.050 requires that the following conditions be met in order to
approve an Art Mural application:
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
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.)
04
City Council Staff Report
Case 15-001 MUR
May 20, 2015—Page 5 of 6
The mural does not consist of or contain any electrical or mechanical
components. The mural is illuminated at night with a static light source.
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 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.
A condition of approval will be included to limit the intensity of illumination 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 shall not be created without the final authorization of the Palm
Springs City Council.
The mural was established in late 2013, prior to the City's adoption of the mural
ordinance. 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.
ENVIRONMENTAL ANALYSIS
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public structures, facilities, mechanical equipment or topographical
features involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination. Therefore, in accordance with Section 15301(a), staff
05
City Council Staff Report
Case 15-001 MUR
May 20, 2015— Page 6 of 6
has determined that the mural application (15-002 MUR) is considered categorically
exempt from CEQA and a Notice of Exemption has been prepared for filing with the
Riverside County Clerk. A copy of the Notice of Exemption is included as an
attachment to this report.
CONCLUSION
While the mural is otherwise consistent with the requirements of PSMC Chapter 5.81, it
is inconsistent with the definition of a mural contained in PSMC Section 93.20.03, and
both the Planning Commission and the Public Arts Commission have recommended
denial of the application based on that analysis. While the mural could be considered a
sign, it would require a Variance as there is another principal sign in existence on the
property, and the application would most likely fail to meet the criteria necessary for the
approval of a Variance.
E=�= -
Flinn Fagg, AICP Marcus L. Fuller, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager/City Engineer
David H. Ready, Esq., P
City Manager
Attachments:
1. Location Map, Zoning Map
2. Conditions of Approval
3. AAC Minutes — March 23, 2015
4. Planning Commission Minutes —April 8, 2015
5. Public Arts Commission Minutes —April 9, 2015
6. Mural Photograph
7. Justification Letter and Maintenance Plan
8. CEQA Notice of Exemption
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CASE: MUR 15-001 Feet
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ZONING OF SUBJECT PROPERTY: M1 P (PLANNED RESEARCH AND 08
DEVELOPMENT PARK)
RESOLUTION NO.
EXHIBIT A
Case 15-001 MUR
An Art Mural for a commercial building located at 810 N. Farrell Drive
May 20, 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. Project 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
09
City Council Resolution No.
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;
10
City Council Resolution No,
Case 15-001 M U R—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
Architectural Advisory Committee Minutes
March 23,2015
would make it more grounded to the site. Ms. Song questioned if they have done
sections to show if the roof deck will impact neighbors to the east.
Member Secoy-Jensen asked if the existing houses are 20 feet high. She a d if the
utilities will be underground. (They are underground - were put in place previous
developer.)
Member Fredricks questioned the size of the landscape materials verified the lack
of turf. He noticed the roof deck on Lot 15 may pose the greatest ' pact.
Member Hirschbein questioned the dimensions of the drivew nd garage access.
Member Purnel also questioned the lawn in the front yard
Member Cassady said while the roof decks will not act adjacent private yard space
of neighbors to the east - they will look into the w' ows. He also expressed concern
about the garage access.
Member Song commented that lower roof ight will be in better proportion to the lot;
and encouraged the applicant to redesig a roof decks for greater privacy.
The Members discussed the lots t would need a redesign of the roof decks; it was
determined that Lots 15, 12 and ill need a restudy.
Member Pumel suggested n law fencing on the deck to reduce the impact.
Member Secoy-Jensen ggested reducing the size of deck to reduce the impact.
MIS/C (Song/Pur 6-1 absent Fauber) Approve with conditions:
1. edesign to lower the building height to 20'.
Redesign roof decks on lots 10, 12 and 15 prior to Planning Commission
review.
3. No lawn in front yards.
4. Verify car maneuvering clearances on Plan 2AX.
5. Include the sizes of Washingtonia Palms on landscape plan.
8. NATHAN AND GINA OTTO REQUESTING APPROVAL OF AN ART MURAL
APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING
AT 810 N. FARRELL DRIVE (CASE 15-001 MUR). (FF)
Director Fagg provided background information on the regulations for art murals.
Member Hirschbein questioned the difference between signage and a mural.
6 �2
Architectural Advisory Committee Minutes
March 23,2016
Member Song asked about the maintenance plan for the mural.
NATHAN OTTO, applicant, provided background information on the mural.
Member Song said she likes that it fits the building and it will be maintained.
Member Secoy-Jensen said she supports the project with the conditions.
M/S/C (Fredricks/Cassady, 6-1 absent Fauber) Approve, as submitted with staffs
recommendations.
9. FUNKEY BAR, INC. REQUESTING APPROVAL OF AN ART MURA
APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILD
AT 340 N. PALM CANYON (CASE 15-002 MUR). (FF)
Director Fagg provided an overview of the existing mural.
Member Secoy-Jensen asked if there have been complaints. ere have been
informal complaints.)
Member Song asked if there is any speck limitation on th ze of the murals.
Member Cassady said this one is more of a clear- mural and fits the building well
and supports it.
M/S/C (Secoy-Jensen/Fredricks, 6-1 absen uber) Approve, as submitted with staffs
recommendations.
COMMITTEE MEMBER COMMEN
No comments.
STAFF MEMBER CO NTS:
No comments.
ADJOURN T:
The itectural Advisory Committee adjourned at 5:02 pm to the next regular meeting
at . 0 pm on April 6, 2015, Council Chamber, City Hall, 3200 East Tahquitz Canyon
ay, Palm Springs.
Flinn Fades
Director of Planning Services
13
City of Palm Springs 4
Planning Commission Minutes
April 8,2015
Commissioner Roberts commented that this a good project and made the follo
comments:
• Preferred to see the rooftops decks on the east side removed for privac
• Landscaping will be needed on both sides
• Concerned that the height of the houses will affect the views he Palisades
project coming; would like to see the rooflines much lower.
Chair Hudson noted that this would have been easier to an a if site sections of the
adjacent properties would have been provided especiall th hillside neighborhoods.
He agreed adding more landscaping; however, sugges keeping it simple.
ACTION: Approve, subject to Conditions as am ed:
• Roof decks shall be eliminated fro a homes proposed on Lots 10, 12 and 15.
• Building heights shall be consi t with the plans included in the agenda packet
of April 8, 2015.
• Homes shall be constru with pre-wiring for rooftop solar collectors.
• The perimeter fence the east side of the subdivision shall include landscaping
(such as vines) t hance privacy between proposed and existing homes.
• All constructi ehicle parking / staging shall occur on Tuscany Heights Drive.
Motion: Co ssioner Weremiuk, seconded by Commissioner Calerdine and
unanimou carried on'a roll call vote.
AY . Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
mmissioner Roberts,Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
3B. NATHAN AND GINA OTTO REQUESTING APPROVAL OF AN ART MURAL
APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT
810 N. FARRELL DRIVE (CASE 1"01 MUR). (FF)
Director Fagg provided background information on the mural ordinance and presented
an overview on the proposed art mural.
Commissioner Weremiuk questioned if there is a limit on the number of murals that are
permitted. She concluded that this is a logo and questioned using the sign variance
process.
Vice-Chair Klatchko said he sees this as an advisement (with the logo) and questioned
the immediate approval because of the fact that it was painted prior to the mural
ordinance.
Chair Hudson said that although he liked the colors and how it wraps around the
building this is a sign.
14
City of Palmmmiss Springs 5
Planning Coion Minutes
April 8,2015
The consensus of the Commission is that this is application should come back for
review to the Commission as a sign variance and not a mural application.
ACTION: Deny.
Motion: Commissioner Weremiuk, seconded by Commissioner Roberts and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
3C. FUNKEY BAR, INC. REQUESTING APPROVAL OF AN ART MUR
APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDIN T
340 N. PALM CANYON (CASE 1 /heed
). (FF)
Director Fagg provided backgrountion on the proposed mural oted in the
staff report.
Commissioner Roberts noted thatl is professional an poke in favor of the
mural.
Commissioner Calerdine said het like where a mural is located but will
support the Commission on this.
ACTION: Approve, subject to Cond
Motion: Commissioner Roberts, sCommissioner Calerdine and carried 6-1-
0 on a roll call vote.
AYES: Commissioner Calerdinesioner Middleton, Commissioner Roberts,
Commissioner WeremiukVice-Cko, Chair Hudson
NOES: Commissioner Lowe
--Or
DISCUSSION ITEM:
4A. THE ALTUM UP REQUESTS A PRE-APPLICATION FOR A PLANNED SO-
UNIT SINGLE-F ILY RESIDENTIAL DEVELOPMENT ON APPROXIMATELY 6.3
ZACRESOFANT LAND LOCATED AT THE WEST END OF MESQUITE DRIVE,
ION 30 (CASE PAI"01). (ER)
Robertson presented the proposed pre-application project. He noted
s required, only general comments on how the project could be
n layout, density and development standards.
15
City of Palm Springs-Public Arts Commission
Regular Meeting Minutes
April 9,2015
Page 2
B. Nithis
NESS
2. .
C. UED BUSINESS
3. munity Outreach and P —2014/2015 Programming
ring Exhibition , aff Update Regarding Temporary Gallery Location
MM :Discuss project update
time there is nothing new to report regarding space for this exhibit.
D. LEGISLATIVE:
4. MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST FOR APPROVAL OF
AN ART MURAL APPLICATION BY HOT PURPLE ENERGY FOR AN EXISTING MURAL ON THE
COMMERCIAL BUILDING AT 810 NORTH FARRELL DRIVE 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 MUNICIPAL CODE.
RECOMMENDATION: Review Art Mural Application #15-001 and Adopt a Resolution of the Public
Arts Commission Making a Recommendation to City Council for Consideration.
Ms. Henning reported on the art mural ordinance (Chapter 5.81 Art Murals on Private Property) —
Chapter 5.81 is attached hereto for reference and made a part of the record of this meeting.
Chair Rowe advised that the mural for Hot Purple Energy has gone before Architectural Advisory
Committee; approval was granted to move forward to Planning Commission under the mural
ordinance. Planning Commission has denied the application as a mural; it spoke more to
signage/marketing than a mural and art expression.
This item is now before this commission.
Commissioner Edmundson — has reviewed the material and the municipal code 5.81.010(B); states
that the City's mural regulations do not allow for commercial advertising. Commissioner
Edmundson referred to a letter dated February 5, 2015 in which Mr. Otto states that "HPE hopes to
increase its customer base"through this mural; because of that Commissioner Edmundson agrees
that this seems to be a sign.
Commissioner Ruttan—Agrees;Commissioner Ruttan stated that this is a logo,which is a sign;it is in
their application letter; it states that they "intend to increase HPE's visibility to the public this
speaks to advertising. Additionally, Commissioner Ruttan stated that there was a comment received
from the public regarding it being highly visible from residential properties and they objected to the
lighting intruding on their neighborhood. Commissioner Ruttan considers this a sign and not a
mural.
Commissioner Sheffer — Stated since Planning Commission has denied the application there is
nothing to comment on. We may feel it's too big or too purple, but we are no longer part of the
process.
Commissioner—Ditto all of it.
i6
City of Palm Springs-Public Arts Commission
Regular Meeting Minutes
April9,2015
Page 3
Chair Rowe — For this item we will defer any comment; because it was considered a sign at the
Planning Commission level; the Public Arts Commission is not challenging that decision. The Arts
Commission is only to provide input and comment on the appropriateness of the proposed art.
MOTION:by Commissioner Sheffer,second by Commissioner Sand,the Public Arts Commission feels
that because this application has been reclassified as a sign rather than a mural that it's not
necessary or appropriate for us to comment on it as art, because it's not anymore; unanimously
carried
5. MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST FOR APPROVAL OF
AN ART MURAL APPLICATION BY FUNKEY BAR, INC. FOR AN EXISTING MURAL ON THE
COMMERCIAL BUILDING AT 340 NORTH PALM CANYON DRIVE 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 #15-002 and Adopt a Resolution of Public
Arts Commission Making a Recommendation to City Council for Consideration.
Chair Rowe — The Funkey Bar, Inc. mural has gone before the Architectural Ad ' ry Committee;
approval was granted to move forward to Planning Commission under t mural ordinance;
Planning Commission also approved as a mural.
Chair Rowe —The Public Arts Commission has a very small role in this ocess. In other cities the
mural art programs are attended to by Public Arts Commissions. In Is case, the commission that
will decide on the murals existence (or not)will be the Planning C ission;the only thing they are
seeking from the arts commission is input and comment on the ropriateness of the proposed art.
Chair Rowe spoke on the topic of artwork and copyright la regards to artist and owner.
Chair Rowe—Input to the Planning Department/Co ssion would be to consider the really strong
language we use on the Public Arts Commission r all the other artwork in the City. On the
appropriateness of the mural;when the langua strong in any kind of mural ordinance it provides
protections for the length of the mural as we We've all been living with this mural for two years;
there are people that love it and people t find it offensive, but that is what happens in art. My
personal feeling is that it is up,it is with ,it is part of us right now; It's a controversial piece;do not
have a problem with the appropriate s of the art.
Commissioner Edmundson — Ag s with Chair Rowe; would add that pursuant to completing the
project application and its ac tance by the City that we would recommend accepting the mural;
Commissioner Edmundson nsiders this art; will reference the City's municipal code 5.81.010(A)—
states that the municipal de is specifically to encourage artistic expression and fostering a sense of
community pride;feel is piece does that;so I would say yes, I approve.
Commissioner R n—Agrees; it is a polarizing piece; have heard strong comments on both sides;
probably the st concerning [to me] is the depiction of Native Americans, but it states it's
referencing m, however,thinks it is more of a cautionary tale of how we go forward with murals.
Would lik a arts commission to have more input in terms of narrative about the murals,what the
artist i -presenting, how it speaks to the City, but that's for the future, this piece exists.
Cornsioner Ruttan thinks the commission needs to deal better with things as we move forward;
do not see how they can do much retroactively in this situation, were it different, the outcome
ght be different.
17
I
HOT PURPLE ENERGY
.....................................................................................................................................................................
810 N Farrell Drive
Palm Springs,CA 92262
O: 760 322 4433
F: 760 322 4435
Nate(R7a HotPurpleEnergy.com
February 5,2015
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs,CA 92262
Re:Mural Justification Letter
Douglas Holland,
Hot Purple Energy("HPE")seeks to provide a mural on Its building that is visible to the general
public in order to raise HPE's visibility to the general public,and also to send a message regarding HPE and
the community,and the community at large.The mural is highly visible,and HPE's primary Intention with
the mural is to make a subtle reminder,through the reflection of the city and Its topography within the
mural itself,that HPE's goals In promoting sustainability and energy efficiency are really the community's
goals.The mural contains a reflection of Palm Springs'topography,from the mountains to the palm trees,
and is Intended to remind the viewer of the relationship between the choices we make and the present
which we inhabit,in order to raise the issues at the heart of HPE's mission In the public consciousness.
The mural Is also Intended to increase HPE's visibility to the public;It is impossible to drive down
Farrell and not be taken aback by the big purple mural on the front of the building.Through increased
visibility to the public,HPE hopes to increase Its customer base,remind people that there Is a local solar
alternative to the national solar leasing companies dominating the airwaves,and to increase the
mainstream
�appeal
\of solar and other sustainable energy
choices.
Sincerely,
Nathan Otto
I I!
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HOT PURPLE ENERGY
...................................................................................................................................................................................................................................
810 N Farrell Drive
Palm Springs, CA 92262
O: 760 322 4433
P: 760 322 4435
Nate@ HotPu rpleEnergy,com
April 1, 2015
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs,CA 92262
Re:Mural Maintenance Plan
Maintenance Plan
To ensure the HPE mural lasts as long as possible,proper maintenance will begin immediately after
installation.
The maintenance plan will incorporate:
A schedule of regular inspection
An outline of maintenance activities for mural (e.g. cleaning and minor repair)
Original artists' are to consult when treatment is required
Documentation of condition, maintenance, and treatment work
Inspections and maintenance
It is important to inspect murals annually or semi-annually to ensure that instability,damage,or
potentially damaging conditions are detected before major damage or deterioration occurs.
Vandalism
Neglected pieces become an invitation for vandalism.
Preventive strategies for vandalism include an attractive,well-maintained site, an artwork in good
condition, a respected building, and an informed, involved community.
One common form of vandalism is graffiti.Graffiti is often an expression of territory, i.e.the location is
"tagged"with graffiti to assert control of"turf".As one tag will invite additional competing tags, prompt
removal of graffiti can help to prevent its reoccurrence. However,involving community youth in the mural
is often a more effective way to stop graffiti.
Graffiti must be removed in a safe and effective manner that does not affect the image layer below.For
this reason, removal should be undertaken by a conservator or an artist/technician familiar with the piece
after consultation with or under the supervision of a conservator. Removal without adequate testing, or
by an individual without adequate experience or supervision,can irreparably harm the mural.
19
Treatment approaches and documentation
Original artists' (a conservator and/or artist),whether or not a committee(i.e. program administrator,
artist,conservator, community members,and/or funding body)will discuss the proposed treatment
options,and who will approve the proposed treatment.
A professional conservator should ideally be involved. He/she can provide treatment options and an
outline of the materials and procedures to be used.The final decision should include input from all the
various stakeholders — the owner/municipality, the community,and the original artist.
Prior to undertaking the agreed-upon treatment,the cause of deterioration should be determined and
corrected. The original artist should also be consulted prior to major treatment or alteration of the work
or its context, both as a moral right and because he/she can provide detailed information on the
materials,techniques,and visual characteristics of the original surface.
All treatments should be carefully documented. The treatment decisions should be recorded, and a
detailed record kept of the work undertaken,the materials used,the person(s)doing the work, and the
date. Before,during,and after treatment photographs should also be taken.
Revisiow Date:
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A
print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): City of Palm Springs
P.O. Box 3044, Room 113 3200 E.Tahquitz Canyon Way
Sacramento, CA 95812-3044
Palm Springs, CA 92262
County Clerk
County of: Riverside (Address)
P.O.Box 751
Riverside, CA 92502-0751
Project Title: Mural- Hot Purple Energy
Project Applicant: City of Palm Springs
Project Location- Specific:
810 N.Farrell Drive(APN#507-350-008)
Project Location -City: Palm Springs Project Location-County: Riverside
Description of Nature, Purpose and Beneficiaries of Project:
Art mural on the exterior of an existing building.
Name of Public Agency Approving Project:City of Palm Springs
Name of Person or Agency Carrying Out Project:Nathan and Gina Otto
Exempt Status: (check one):
❑ Ministerial (Sec. 21080(b)(1); 15268);
❑ Declared Emergency(Sec. 21080(b)(3); 15269(a));
❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
O Categorical Exemption. State type and section number: 15301 (a) Existing building
❑ Statutory Exemptions. State code number:
Reasons why project is exempt:
The mural is located on an existing building and does not involve any construction or expansion of use.
Lead Agency Flinn Fagg (760) 323-8245
Contact Person: Area Code/Telephone/Extension:
If filed by applicant:
1.Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project?, ❑ Yes ❑ No
Signature: Date: 5/13/15 Title: Asst. City Manager
17 Signed by Lead Agency❑ Signed by Applicant
Authority cited:Sections 21083 and 21110. Public Resources Code, Date Received for filing at OPR:
Reference:Sections 21108,21152,and 21152.1,Public Resources Code.
Revised 2011
25