HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS - 2.Q. „ ?ALMS.*
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CITY COUNCIL STAFF REPORT
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DATE: May 20, 2015 CONSENT CALENDAR
SUBJECT: A REQUEST BY FUNKEY BAR, INC. FOR APPROVAL OF AN ART
MURAL APPLICATION FOR AN EXISTING MURAL ON THE
COMMERCIAL BUILDING AT 340 N. PALM CANYON DRIVE, ZONE C-
B-D, AND APPROVAL OF A CEQA NOTICE OF EXEMPTION (CASE 15-
002 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 340 N. Palm Canyon Drive.
ISSUES
• The mural was completed in October 2013 prior to the adoption of the City's mural
ordinance.
• The applicant received approval from the Architectural Advisory Committee (AAC) in
January 2013 to repaint the building to its current color.
RECOMMENDATION
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 15-002 MUR
FOR AN ART MURAL ON THE COMMERCIAL BUILDING AT 340 N. PALM
CANYON DRIVE, ZONE C-D-B.”
BACKGROUND INFORMATION
Related Relevant Actions by Planning, Building, Fire, etc.
01/07/13 The AAC recommended approval of a building repaint (Case No.
3.3527 MAA).
ITEM NO. 2 ' Q'
City Council Staff Report
Case 15-002 MUR
May 20, 2015 — Page 2 of 6
06/04/14 The City Council approved Ordinance #1853, establishing the
regulations and approval process for art murals.
03/23/15 The AAC reviewed the application (15-002 MUR) and recommended
approval to the Planning Commission, subject to conditions.
04/08/15 The Planning Commission reviewed the application and
recommended approval of the request to City Council.
04/09/15 The Public Arts Commission reviewed the application and
recommended approval of the request.
Most Recent Change of Ownership
05/05/06 Project 92
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 0.17 Acres
Surrounding Existing Land Use Existing General Existing Zoning
Property Per Chapter 92_ Plan Designation Designation
Subject Property Cocktail Lounge Use CBD (Central CBD (Central
Business District) Business District
CBD (Central CBD (Central
North Liquor Store Use Business District) Business District);
CU Civic Uses
South Restaurant Use CBD (Central CBD (Central
Business District) Business District
East Restaurant/Retail CBD (Central CBD (Central
Use Business District) Business District
West Office/Retail Use CBD (Central CBD (Central
Business District Business District
ANALYSIS
The applicant has requested approval of an existing mural that is located on the west
fagade of the commercial building at 340 N. Palm Canyon Drive. The mural is entitled
"The Mountain Charmers," and depicts two females holding a California kingsnake. The
02
City Council Staff Report
Case 15-002 MUR
May 20, 2015—Page 3 of 6
mural was created by artists Angelina Christina and FinDAC in October 2013. 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,
illuminationlanimation 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 submitted maintenance plan indicates that a UV-
refracting clear coat has been applied to the mural to reduce fading, the fagade is gently
pressure washed on a regular basis to remove dust and grime, and that the artists
would be engaged to repair the mural should it be defaced. 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 also found the mural to be consistent with code
requirements, and have recommended approval to the City Council.
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 the majority of the front fagade of the building facing Palm
Canyon Drive. The mural does not exceed the height of the structure.
03
City Council Staff Report
Case 15-002 MUR
May 20, 2015—Page 4 of 6
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.
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 shall 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. Should the City
Council deny this application, the mural will need to be removed and the building
repainted.
04
City Council Staff Report
Case 15-002 MUR
May 20, 2015 —Page 5 of 6
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
has determined that the mural application (15-002 MUR) is considered categorically
exempt from CEQA and a Notice of Exemption has been prepared and filed with the
Riverside County Clerk. A copy of the Notice of Exemption is included as an
attachment to this report.
CONCLUSION
Staff finds that the mural is generally in conformance with the requirements of PSMC
Chapter 5.81 and recommends approval of the request, subject to the conditions
included as Exhibit A.
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., Ph.
City Manager
Attachments:
1. Location Map, Zoning Map
2. Draft Resolution
3. Conditions of Approval
4. AAC Minutes — March 23, 2015
05
City Council Staff Report
Case 15-002 MUR
May 20, 2015—Page 6 of 6
5. Planning Commission Minutes —April 8, 2015
6. Public Arts Commission Minutes —April 9, 2015
7. Mural Photograph
8. Justification Letter and Maintenance Plan
9. CEQA Notice of Exemption
06
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- BAR
Project Applicant: City of Palm Springs
Project Location- Specific:
340 N.Palm Canyon Drive(APN#513-081-016)
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:Funkey BAR, Inc.
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 flied by applicant:
1.Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project?, 0 Yes ❑ No
Signature: Date: 5/13/15 Title: Asst. City Manager
IR Signed by Lead Agency❑ Signed by Applicant
Authority cited:Sections 210B3 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference:Sections 21108,21152,and 21152.1,Public Resources Code.
Revised 2011
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09
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 15-002 MUR FOR AN ART
MURAL ON THE COMMERCIAL BUILDING AT 340
N. PALM CANYON DRIVE, ZONE C-B-D.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Funkey BAR, Inc. ("Applicant') has filed an application with the City
pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the
approval of an existing art mural on the commercial building at 340 N. Palm
Canyon Drive, Zone C-B-D, APN: 513-081-016.
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 approval of the application to the City Council upon making a
finding that the request is in conformance with the requirements of PSMC
Chapter 5.81.
D. On April 9, 2015, the Public Arts Commission met and reviewed the mural
application, and after reviewing the application materials, voted to recommend
approval of the application to the City Council.
E. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the application, including, but not
limited to, the staff report, the recommendations of City boards and commissions,
and all written and oral testimony presented.
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).
SECTION 2. Pursuant to PSMC Section 5.81.050, "Regulations," the City
Council finds:
10
Resolution No.
Page 2
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 the majority of the front fagade of the building
facing 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.
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.
11
Resolution No.
Page 3
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 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 recommends approval of Case No. 15-002 MUR, subject to the
conditions of approval attached herein as Exhibit A.
ADOPTED this 201h day of May, 2015.
David H. Ready, City Manager
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
James Thompson, City Clerk
12
RESOLUTION NO.
EXHIBIT A
Case 15-002 MUR
An Art Mural for a commercial building located at 340 N. Palm Canyon 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-
002 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 March 11, 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 15-002 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 15-002 MUR—BAR 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;
14
City Council Resolution No._
Case 15-002 MUR—BAR 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
Architectural Advisory Committee Minutes
March 23,2015
Member Song asked about the maintenance plan for the mural.
NATHAN OTTO, applicant, provided background in n on the mural.
Member Song said she likes that it f' uilding and it will be maintained.
Member Secoy-Jens she supports the project with the conditions.
M/S/ ricks/Cassady, 6-1 absent Fauber) Approve, as submitted with staffs
mendations.
9. FUNKEY BAR, INC. REQUESTING APPROVAL OF AN ART MURAL
APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING
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. (There have been
informal complaints.)
Member Song asked if there is any speck limitation on the size of the murals.
Member Cassady said this one is more of a clear-cut mural and fits the building well
and supports it.
M/S/C (Secoy-Jensen/F red ricks, 6-1 absent Fauber) Approve, as submitted with staffs
recommendations.
COMMITTEE MEMBER COMMENTS:
No comments-
STAFF MEMBER COMMENTS:
No comments.
ADJOURNMENT:
The Architectur Isory Committee adjourned at 5:02 pm to the next regular meeting
at 3:00 April 6, 2015, Council Chamber, City Hall, 3200 East Tahquitz Canyon
alm Springs.
Flinn Fagg, AIC
Director of Planning Services
7
16
City of Palm Springs 5
Planning Commission Minutes
April 8,2015
The consensus of the Commission is that this is application shout back for
review to the Commission as a sign variance and not a mural on.
ACTION: Deny.
Motion: Commissioner We seconded by Commissioner Roberts and
unanimously carried o call vote.
AYES: missioner Calerdine, Commissioner Lowe, Commissioner Middleton,
ssioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
3C. FUNKEY BAR, INC. REQUESTING APPROVAL OF AN ART MURAL
APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT
340 N. PALM CANYON (CASE 15-002 MUR). (FF)
Director Fagg provided background information on the proposed mural as noted in the
staff report.
Commissioner Roberts noted that the mural is professional and spoke in favor of the
mural.
Commissioner Calerdine said he does not like where the mural is located but will
support the Commission on this.
ACTION: Approve, subject to Conditions.
Motion: Commissioner Roberts, seconded by Commissioner Calerdine and carried 6-1-
0 on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Middleton, Commissioner Roberts,
Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
NOES: Commissioner Lowe
4. DISCUSSION ITEM:
4A. THE ALTUM GROUP REQUESTS A PRE-APPLICATION FOR A E 050-
UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON IMATEQIeLY 6.3
ACRES OF VACANT LAND LOCATED AT THEW OF MESQUITE DRIVE,
ZONE R-3, SECTION 30 (CASE PA15-00
Principal Plann��quired,
esented the proposed pre-application project. He noted
that no ac ' only general comments on how the project could be
site plan layout, density and development standards.
17
City of Palm Springs-Public Arts Commission
Regular Meeting Minutes
April 9,2015
Page 3
Chair Rowe — For this item we will defer any comment; because it was consider e
Planning Commission level; the Public Arts Commission is not cha ecision. The Arts
Commission is only to provide input and comment o lateness of the proposed art.
MOTION: by Commissioner S and by Commissioner Sand,the Public Arts Commission feels
that because this on has been reclassified as a sign rather than a mural that it's not
neces ropriate far us to comment on it as art, because it
not anymore; unanimously
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 the Public
Arts Commission Making a Recommendation to City Council for Consideration.
Chair Rowe — The Funkey Bar, Inc. mural has gone before the Architectural Advisory Committee;
approval was granted to move forward to Planning Commission under the mural ordinance;
Planning Commission also approved as a mural.
Chair Rowe —The Public Arts Commission has a very small role in this process. In other cities the
mural art programs are attended to by Public Arts Commissions. In this case, the commission that
will decide on the murals existence(or not)will be the Planning Commission;the only thing they are
seeking from the arts commission is input and comment on the appropriateness of the proposed art.
Chair Rowe spoke on the topic of artwork and copyright law in regards to artist and owner.
Chair Rowe—Input to the Planning Department/Commission would be to consider the really strong
language we use on the Public Arts Commission for all the other artwork in the City. On the
appropriateness of the mural;when the language is strong in any kind of mural ordinance it provides
protections for the length of the mural as well. We've all been living with this mural for two years;
there are people that love it and people that find it offensive, but that is what happens in art. My
personal feeling is that it is up,it is with us,it is part of us right now; It's a controversial piece;do not
have a problem with the appropriateness of the art.
Commissioner Edmundson — Agrees with Chair Rowe; would add that pursuant to completing the
project application and its acceptance by the City that we would recommend accepting the mural;
Commissioner Edmundson considers this art; will reference the City's municipal code 5.81.010(A)—
states that the municipal code is specifically to encourage artistic expression and fostering a sense of
community pride;feels this piece does that;so I would say yes,I approve.
Commissioner Ruttan —Agrees; it is a polarizing piece; have heard strong comments on both sides;
probably the most concerning [to me] is the depiction of Native Americans, but it states it's
referencing them, however,thinks it is more of a cautionary tale of how we go forward with murals.
Would like the arts commission to have more input in terms of narrative about the murals,what the
artist is representing, how it speaks to the City, but that's for the future, this piece exists.
Commissioner Ruttan thinks the commission needs to deal better with things as we move forward;
does not see how they can do much retroactively in this situation, were it different, the outcome
might be different.
18
City of Palm Springs-Public Arts Commission
Regular Meeting Minutes
April 9,2015
Page 4
Commissioner Sheffer—should probably concentrate on what can be done better in the future. The
word "appropriateness' of the proposed art should be a broad definition that has to do with the
materials and artist protection; especially the idea that it might be altered which is such an issue on
public art(this piece is on private property) but in the process of applying the owners need to show
they have thought of those things. Something could be the most appropriate image but
inappropriately done, i.e., language in the ordinance regarding lighting, how far it can stick out, etc.
We should suggest that that's where our expertise is, more than just the image itself. Perhaps our
recommendation to the Planning Commission could be that the word "appropriate', include
materials,protections;that it is appropriate for public art.
Commissioner Sand—Agrees with what fellow commissioners have stated so far; agrees with Chair
Rowe very strongly that hopefully moving forward that more detailed language can be flushed out.
This is a brand new ordinance, and as has been pointed out, we're processing two items
retroactively, so it's new, so as with anything new you start with what you start with and then you
grow as your needs show themselves. These are all very good ideas and thoughts and hopefully
these suggestions will go back to Planning and they will take them into consideration. Since we are
retroactively making comments, Commissioner Sand spoke briefly regarding maintenance; the
maintenance plan that has been submitted is very brief, would suggest that they ask for a more
detailed plan with many of the items that have been suggested (the mural is sealed with UV
refracting clear coat protection so the mural will not fade due to sun and is power washed every
month or so); at some point if it comes down to the City maintaining the artwork, if it is not
maintained by the owner, we would be at a loss if we had to get our own conservator; need a
detailed plan that will protect the City.
It fulfills our requirements per the Public Arts Ordinance 1479, quoted "in addition to beautifying,
the arts can sensitize and humanize, can provide social involvement and can assist in education,
personality development and community well-being"._ it has certainly provided social involvement.
Chair Rowe recapped: All commissioners provided input and comments for the Planning
Department; some of those comments were regarding aesthetics; it is a polarizing piece,etc.; some
comments were encouraging the planning department to look at the language before they go into
an agreement with the mural, perhaps insert some sort of language that we have for the other art in
the City. Commissioner Sheffer whatever the process is, perhaps an expansion of the language of
the mural ordinance is needed.
MOTION: by Commissioner Edmundson, second by Commissioner Sheffer, makes this motion that
speaks for the Arts Commission stating that we pass onto the City Council our recommendation that
the Planning Department accept the Mountain Charmers mural application;unanimously carried
MOTION: by Commissioner Sand, second by Commissioner Ruttan,that the Public Arts Commission
makes comments back to the Planning Department as recorded in the Minutes of the Thursday,
April 9,2015 Public Arts Commission meeting on Item No. D5; unanimously carried
E. SUBCOMMITTEE REPORTS
6. Bridge Projects
Discuss South Palm Canyon and East Palm Canyon Bridge Projects and R IIIISI�}�
Consideration.
Subcommittee and working to provide a short list of artists to be approached by the
c e if they are interested in doing the aesthetics for the East Palm Canyon bridge
19
Justification Letter
To Whom It May Concern,
We believe the mural at 340 N. Palm Canyon should be allowed to stay because it is a work of art, and
by already being in the city's downtown fabric for almost two years It has made a statement to and been
accepted by the city of Palm Springs.The two artists Angelina Christina aka Starfighter and FinDac are
world renowned street artists and have been not only recognized countless times for their work but also
are generally paid a significant amount of money to do so. Major cities such as New York, Denver,
Minneapolis,Vancouver,etc have embraced their work together in their cities and Palm Springs Should
do the same. Both artists have been invited to paint murals at Art Basel and Angelina has painted murals
for the Coachella Music Festival as well.There have been no major issues that we are aware of in the
last year and a half of it being painted and I don't see any to clime.
15 - 002
RECEIVED
MAR 11 2015
P1ANNINbaERVICES2 n
DEPARTMENT
Maintenance Plan
The mural at 340 N. Palm Canyon has been covered with a UV refracting clear coat paint so the colors
will not fade in the sun.The mural has already been in place 16 months and looks good as new.We also
pressure wash any dust and grime off the walls every other month or so the keep it clean. If there were
the unfortunate scenario where the mural was defaced or altered the artists live in LA and visit
frequently so we should be able to resolve any issues if they were to arise. But as mentioned previously
the mural has been in place quite some time and has not been defaced or altered and still looks the
same as day one.
1 00
RECEIVED
MAR 11 2015
PtANNINWERUICES
DEPARTMENT 21
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