HomeMy WebLinkAbout2021-02-17 PAC Meeting Agenda
PUBLIC ARTS COMMISSION
CITY OF PALM SPRINGS, CALIFORNIA
REGULAR MEETING AGENDA
Ann Sheffer, Chair Tracy Merrigan, Vice-Chair Alfonso Murray
Shawnda Faveau Russell Pritchard Mara Gladstone
Thomas Yanni
Pursuant to Executive Order N-29-20, this meeting will be conducted by teleconference and there will
be no in-person public access to the meeting location.
To join meeting, please use the following link:
https://us02web.zoom.us/j/83392135524?pwd=Nm02Q24rSHcyQVB3VkJwTzYyemZwQT09
Meeting ID: 833 9213 5524
Passcode: 699486
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Public comment may also be submitted to jay.virata@palmspringsca.gov. Transmittal prior to the
meeting is required. Any correspondence received during or after the meeting will be distributed to the
Commission and retained for the official record.
CALL TO ORDER:
ROLL CALL:
ACCEPTANCE OF AGENDA:
PUBLIC COMMENTS:
This time has been set aside for members of the public to address the Public Arts Commission on items of
general interest within the subject matter jurisdiction of the Commission, and agenda items if the member of
the public cannot be present later in the meeting at the time the item is heard by the Commission. Additionally,
members of the public may address the Commission on each item listed on the posted agenda at the time
each item is heard. Although the Public Arts Commission values your comments, pursu ant to the Brown Act, it
generally cannot take any action on items not listed on the posted agenda. Five (5) minutes are assigned for
each speaker.
A. PRESENTATION: Richard Noble, Proposal for “Equal Under the Law” mural celebrating LGBTQ civil
rights leadership.
B. REPORT FROM THE CHAIR:
Wednesday
February 17, 2021 5:30 PM
Public Arts Commission
Meeting Agenda – February 17, 2021
Page 2
C. ITEMS FOR DISCUSSION / APPROVAL:
1. Approve contract with Nail-to-Nail for a Collections Management System for the City Public Art
Collection, including management, care, and preservation recommendations, as well an internet-
based platform for public access. Not to exceed $24,000. Scope of Work attached.
2. Approve CARES projects:
a. Discuss/Approve Guidelines for CARES grants.
b. Approve loan of sculpture entitled “Popsicles” by John Cerney at 605 East Sunny Dunes,
$3,500 plus City fees.
c. Discuss/Approve wording of plaques for art projects.
3. Discuss/Approve revisions to the Public Arts and Mural Ordinances to submit to City Council.
E. COMMITTEE REPORTS:
1. Bench Project.
2. Stop in the Name of Love.
3. Other Mini-Grants.
4. COMMISSIONER COMMENTS/REPORTS/REQUESTS:
5. REPORT FROM DIRECTOR/STAFF:
ADJOURNMENT : The Public Arts Commission will adjourn to a Regular Meeting, Wednesday March 17,
2021 5:30 p.m. via teleconference.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at
this meeting, or in meetings on a regular basis, you will need special assistance beyond what i s normally provided, the City will attempt to accommodate
you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323 -8204, at least 72 hours prior to the meeting to inform us of your
particular needs and to determine if accommod ation is feasible.
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of
the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way (760) 323-8204.
AFFIDAVIT OF POSTING
I, JAY VIRATA, Community & Economic Development Director for the City of Palm Springs, California, certify this Agenda
was posted at or before 5:30 p.m. on February 11, 2021, as required by established policies and procedures.
/s/ Jay Virata
___________________________________
Jay Virata, Director
Community & Economic Development
Process for CARES and Neighborhood Grants:
1. Mini-grant proposals must be reviewed and recommended by at least two Public Arts
Commissioners.
2. All art installations or murals funded through mini-grants will be temporary until
December 31, 2021 when they will be reviewed by the Commission for longer term
arrangements.
3. Any applications for placement of art on City property must be reviewed by the Planning
Department for safety and structural issues, to be addressed before proceeding.
4. Any applications for placement of art or murals on private property must have the
permission of the owner.
5. Contracts and/or invoices from sponsoring organizations or artists must be approved by
the City Manager, however projects may be managed by independent contractors
within their scope of work.
6. No public hearings will be held, but all projects will be publicized through our website
and social media for public comment.
7. Funding may be given to neighborhood or business organizations or directly to artists ,
and all grant recipients must submit a report of expenditures and outcomes when the
project has been completed.
8. These special processes will remain in effect until December 31, 2021
Funding for CARES and Neighborhood grants will range between $500 - $5000.
*Types of CARES projects:
1. Artwork to enliven re-opened businesses and draw foot traffic, as request by owners, including
on sidewalks, crosswalks, or patios.
2. Storefront installations on temporarily or permanently closed businesses
3. Loan of artwork for storefronts, medians, empty lots, or other public places
Approved by Public Arts Commission, June 2, 2020
Approval renewed February 17, 2021
6
DRAFT
AGREEMENT FOR PLACEMENT AND LOAN
OF ARTWORK
THIS AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK ("Agreement")
is entered into as of this ,day of , 2021, by and between the Cit y of Palm
Springs, a California charter city and municipal corporation ("City"), and John Cerney (“Artist”)
RECITALS
A. The City has established a Public Arts Program, which authorizes the placement of works
of art on appropriate private and public property, which encourages public access, and
viewing of the artwork.
B. Under the Public Arts Program, artwork may be loaned to the City with or without a fee
paid for loan term.
C. Owner desires to loan a work of art and have such work of art placed on public property
in accordance with this Agreement and the City of Palm Springs Public Arts Program as
established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code (Public Arts
Ordinance).
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties hereby agree that acceptance of the loan of the artwork
described below of this Agreement is subject to the following conditions:
1. City Representative: The City Manager, or this designee, a Contract Officer of the City
("City Manager"), shall be the City's designated representative with respect to this
Agreement. Under the direction of the City Council, the City Manager shall have the
authority to give approvals or consents required hereund er and to otherwise act on behalf of
the City of purposes of this Agreement.
2. Loan Fee: City shall pay a loan fee in the amount of Five Thousand Dollars ($3500)
payable within thirty (30) days of installation and receipt of invoice from Owner.
3. Loan Term: The loan term shall be eight (8) months, with an option to renew for an
extended period of time as agreed upon by both parties.
4. Termination: Both the City and the Owner have the right to terminate this Agreement
upon thirty (30) days' advance written notice, with or without cause. Upon termination,
the City shall cause the artwork to be removed at City's cost and expense.
5. The Artwork: The Owner will loan to the City a free-standing sculpture entitled
“Popsicles”. as shown in Exhibit "A" (the Artwork).
6. Location and Site Preparation: The artwork shall be located 605 East Sunny Dunes.
7
7. Security: City shall be responsible for security to protect the artwork from damage,
vandalism, or theft.
8. Transport: The artwork shall be delivered to the City and installed by the artist.
9. Insurance: City shall procure and maintain, in a form and amount consistent with the
City's past practice in insuring public art installed and maintained on City owned
property, appropriate insurance for the artwork. City shall provide Owner with a
Certificate of Insurance naming Owner as an additional insured.
10. Care and Condition: The artwork is loaned in good condition unless otherwise noted.
The artwork should be examined for condition upon receipt. The artwork shall at all
times be given special care to prot ect it against loss, damage or deterioration. Should loss
or damage or deterioration be noted, the Owner is to be notified immediately and in
detail. It is understood that the artworks covered by this Agreement shall remain in the
condition in which they are received. The artwork shall not be, repaired, retouched,
moved, or altered in any way. Regularly scheduled cleaning of artwork shall be
performed by Owner.
11. Credit: During the term of this Agreement, all formal references to the Artwork shall
include the following credit line: "Collection of Palm Springs Public Arts Commission on
loan from John Cerney.
8
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above
written.
"OWNER"
Its
Its·------------
"CITY"
CITY OF PALM SPRINGS
A Municipal Corporation
City Manager
9
ORDINANCE NO. 1948
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND
SUPERSEDING CHAPTER 5.81 OF THE PALM SPRINGS
MUNICIPAL CODE REGARDING THE REGULATION OF
ORIGINAL ART MURALS.
City Attorney's Summary
This Ordinance revises the existing regulations applicable to
the processing of applications for installation of original art
murals on private property, including their maintenance and
lifespan.
THE CITY COUNCIL OF THE CITY OF PALM SPR.NGS, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 5 .81 of the Palm Springs Municipal Code , ART MURALS ON
PRIVATE PROPERTY is hereby amended and superseded in its entirety , to read as
follows .
Chapter 5.81 ART MURALS ON PRIVATE PROPERTY
5.81.010 Purpose.
(a) This Chapter is intended to enact a process and proced ures for the installation of
origina l art murals on private property and further the pub l ic interest by: (i ) encouraging
artistic expressiion; (i i) fostering a sense of p ri de; (ii i) preventing vanda lism at mural sites
through the installation of murals that vandals are reluctant to disturb ; (iv) preserving
existing murals that are a valued part of the history of the City; and (v) v isually activating
dormant and/or vacant properties and construction sites.
(b) The City may consider the installation of murals and , at the same time , wishes to
prevent the proliferation of off-site commercial signs . Therefore, the City's mural
reg ulations do not allow commercia l advertising.
(c) Mural regulations a lso promote publ ic safety and welfare by ensuring the following
objectives are achieved:
1. The design , construction , install ation , repair, and maintenance of such d isplays
will not interfere with traffic safety or otherwise erndanger public saf ety.
2 . Regulation will provide reasonable protection to the visual environment by
controlling t he size , height, spacing , and locations of such disp lays.
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Ordinance No.
Page2
3. The public will enjoy the aesthet ic be nefits of being able to view such displays
in numbers and sizes t hat are reasonably and appropriately regulated.
4. To impose permit require ments and regu latio ns fo r murals.
5.81.020 Definition.
Pursuant to Section 93 .20 .03 of this Code, a "mura l" means a pai nting or artwork
temporarily or permanently affixed to a building wall, freestanding wall , o r fence, which
can be seen from the public right-of-way, and is distinguished from signage in that it does
not advertise a business, commercia l endeavor, or product sold or offered on the site o r
off-sit e.
5.81 .030 Permit required.
(a) It is unlawful for any person, f irm , or corporation t o au th orize , erect , construct,
maintai n , move , alter, change, place , suspend , or attach any mu ra l within the City without
first obtaining th e necessary permits.
(b ) An application for a mural shall be submitted to the Planning Department to be
assessed by City staff f or comp li ance with this Code. Th e app licatio n sha ll include a
maintenance plan be submitted for review and approval.
(c) An application for a mural shall be sub mitted with the notification f ees and Mural
Application Perm it Fee , as established by resolut ion of the City Counci l.
(d) Applications f or short-term , "event specific" murals may also be approved, with a
time duration as estab li shed by the City Council. All fees , perm its, procedures , and
requirements as otherwise specifi ed in this Chapter sha ll apply to short-term event
specific murals.
5.81 .040 Procedure.
(a) Prior to any action by the Public Arts Commission , the Planning Department shall
se nd notice of such appl ication to a ll property owne rs with in 500 feet of the location of the
mural at least 10 days prio r to the P ublic Arts Commission consideration of the mural. No
mural sh all be permitted until th e Pl anning Department has certified that notification has
been completed .
(b) The Planning Department shall submit the app lication to the Publ ic Arts
Commission who shall review the proposal , so licit public comment, and make a
recom menda t ion to the Ci ty Cou ncil based on t he artistic merit and execution of the
proposed art .
(d) The Pl ann in g Department sha ll submit the application to the City Co un ci l for
authorization .
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Ordinance No.
Page 3
(e) For a proposed mural on any Class 1 historic site , the application shall be referred
to the Historic Site Preservation Board for recommendation prior to authorization by the
City Council.
5.81.050 Requirements.
(a) The owner of the property on which a 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.
(b) Upon a change of ownership of the property to which a Mural is installed, the new
owner may, at the owner's election and without the need for permission from the City,
terminate the covenant and remove the mural , subject to the provisions of this Chapter.
5.81.060 Regulations.
An approved mural shall comply with all of the provisions of t his Section:
(a) Any alteration to an approved mural shall require approval in accordance with the
procedures listed in Section 5.81 .040. An "alteration" includes any change to a permitted
mural, including , but not limited to , any change to the image(s), materials, colors, or size
of the permitted mural. "Al teration" 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 as a result of vandalism .
(b) No part of a mural shall exceed the height of the structure to which it is tiled ,
painted , or affixed.
(e) 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 .
(d) Unless otherwise authorized by City Council upon making findings of no resulting
impacts, 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 i mage or message, not including static illumination turned
off and back on not more than once every 24 hours).
(e) No mural shall be placed on a lot that is improved with only one single-family
residential structure and accessory structures.
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Ordinance No.
Page 4
(f) 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.
(g) Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
(h) A mural shall not be created without the final authorization of the Palm Springs City
Council.
5.81.070 Violations .
(a) Nuisance. Any mural created and installed without City approval pursuant to this
Chapter, or any mural that is not maintained in accordance with the approved
maintenance plan , is and shall be deemed "graffiti" as that term is defined by Section
11 . 72.172 of this Code, and is a public nuisance pursuant to Section 11 .72.17 4, subject
to abatement pursuant to Chapter 11.72 and the specific penalties and remedies
enumerated herein, including without limitation collection by lien or special assessment.
(b) Administrative Penalty. Any person who creates, allows to be created , causes or
otherwise maintains any mural identified as a public nuisance pursuant to this Chapter is
guilty of a violation of this Subsection, and is subject to an issuance of administrative
citation as follows. Prior to the issuance of a citation hereunder, the City shall issue notice
to any person that violates this Subsection (b), giving that person thirty (30) days from the
issuance of the notice to the mural created and installed without City approval. If
the mural is timely removed in compliance w1ith the City notice issued, no citation shall
issue. If the mural is not timely removed, an administrative citation shall issue with a fine
in the amount of one thousand dollars ($1,000 .00). In the event the mural is not removed
within forty five ( 45) days of the issuance of the City's notice , a second administrative
citation shall issue with a fine in the amount of two thousand five hundred dollars
($2,500.00). In the event the mural is not removed within sixty (60) days of the issuance
of the City's notice, a third administrative citation shall issue with a fine in the amount of
five thousand dollars ($5 ,000 .00). As an alternative to removing the mural , a person
subject to administrative penalty and citation may apply to the City for approval of the
mural pursuant to Section 5.8 1 .040. No mural that has been subject to administrative
penalty and citation, however, shall be approved unless the applicable fine has been paid
in f ull.
(c) Civil Actions. Any person who creates,. allows to be created , causes or otherwise
maintains any mural identified as a public nuisance pursuant to this Chapter shall be
subject to a civil action undertaken pursuant to Section 1.01 .240, including
reimbursement of city costs and an award of attorneys' fees.
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Ordinance No.
PageS
(d) Cumu l ati ve Remedies. In addition to, and not in lie u of, any othe r remedy allowed
by law, a ll re m edies prescri bed und,e r t his Section 5 .81 .070 are cumulative, and the
election of o ne or more remed ies does not bar the City fro m pursu it of any other remedy,
crim inal, admini strative o r c iv il , which may be pursued by the Ci ty to e nfo rce this Chapter
a nd/o r add ress any vio lation hereof.
Sect ion 2 . Neither introduct ion nor adoption of t h is O rd inance represent s a "project" f o r
purposes of t he Cali fo rn ia Environme nta l Quality Act (CEQA}, as that term is defined by
C EQA gu idelines (Guidelines) sectio n 1 5378, beca use t his O rdi n ance is an
organi zational or administrative activity that wi ll not result in a direct or indirect physica l
change in the e nviron ment , per section 15378(b)(5) of the Guidelines .
Section 3. EFFECT IV E DATE . This O rdi na nce sha ll be in full force a nd effect thi rty
(30) days after passage.
Section 4 . PUBLI CATI O N. Th e Cit y Clerk is hereby orde red a nd d irected to certify to
the passage of t hi s Ordinance, and to cause t he same or a sum mary thereof o r a display
advert isement , duly prepared acco rding t o law, to be pu bl is hed in accordance with law.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 24th DAY OF JANUARY, 2018.
RO BERT MOON , MAYOR
ATTEST :
ANTHONY J . MEJI A. MMC, CITY CLERK
STATE O F CALI FORNI A )
COU NT Y OF R IV ERS IDE ) ss.
C ITY OF PAL M SPRIN GS )
C E RT IFICAT IO N
I, AN T HONY J . MEJIA, Interim City Cle rk of the City of Palm Springs, do hereby
ce rt if y t hat Ordin ance No . __ is a f u ll , true , a nd co rrect copy, and was introduced at a
regular meet in g of the Pal m Springs C ity Counci l held on January 3, 2018, and adopted
at a regular meeting he ld on January 24, 2018, by the f o ll owing vote:
AYES:
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Ord inance No.
Page 6
NOES:
ABSENT:
ABSTAIN:
ANTHONY J . MEJ IA, MMC CITY CLERK
City of Palm Springs, Ca lifornia
1 4
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Page 1
ORDINANCE NO. __18_2_7_0_6__
An ordinance amending Sections 14.4.2, 14.4.3 and 14.4.20 of the Los Angeles
Municipal Code; and amending Sections 5.111.2 and 22.116 of, and adding Section
22.119 to, the Los Angeles Administrative Code to allow for the creation of new Original
Art Murals and the preservation of Vintage Original Art Murals on private property.
THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:
Section 1. The definition of "Mural Sign"is deleted from Section 14.4.2 of the
Los Angeles Municipal Code.'
Sec. 2. The following definitions are added to Section 14.4.2 of the Los Angeles
Municipal Code in proper alphabetical order:
Original Art Mural. A one-of-a-kind, hand-painted, hand-tiled, or digitally
printed image on the exterior wall of a building that does not contain any
commercial message. For definition purposes, a commercial message is any
message that advertises a business conducted, services rendered, or goods
produced or sold.
Public Art Installation. A facility, amenity or project that does not contain
any commercial message and which is either an "approved public arts project" as
defined by Section 19.85.4 of the Los Angeles Administrative Code or approved
pursuant to Section 91.107.4.6 of the Los Angeles Municipal Code. For definition
purposes, a commercial message is any message that advertises a business
conducted, services rendered, or goods produced or sold.
Vintage Original Art Mural. An Original Art Mural that existed prior to the
operative date of this definition.
Sec. 3. Subsection E of Section 14.4.3 of the Los Angeles Municipal Code is
deleted.
Sec. 4. Subdivision 10 of Subsection B of Section 14.4.4 of the Los Angeles
Municipal Code is deleted.
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Page 2
Sec. 5. Section 14.4.20 of the Los Angeles Municipal Code is amended to read
as follows:
SEC. 14.4.20. ORIGINAL ART MURALS, VINTAGE ORIGINAL ART MURALS,
AND PUBLIC ART INSTALLATIONS.
An Original Art Mural that conforms to the requirements of Section 22.119 of the
Los Angeles Administrative Code is not considered a sign and therefore is not subject to
the provisions of this Article or any other ordinance that regulates signs. Any supposed
"mural" that does not conform to the requirements of Section 22.119 of the Los Angeles
Administrative Code shall be considered a sign and subject to the provisions of this
Article or any other ordinance that regulates signs and digital displays. A Public Art
Installation registered pursuant to the requirements of Section 19.85.4 of the
Los Angeles Administrative Code or the requirements of Section 91.107.4.6 of the
Los Angeles Municipal Code is not a sign, but is subject to Section 14.4.4-E of this
Article and any other applicable zoning and land use regulations set forth in the
Los Angeles Municipal Code. A building permit from the Department of Building and
Safety is required for a new hand-tiled or digitally printed Original Art Mural or any
Public Art Installation.
Severability. If any part, sentence, phrase, clause, term or word in
Section 14.4.2 or Section 14.4.20 of this Code relating to Original Art Murals is
declared invalid or unconstitutional by a valid court judgment or decree of any
court of competent jurisdiction, the declaration of such unconstitutionality shall
not affect the constitutionality or lawfulness of the remainder of this Code, the
Los Angeles Administrative Code or any other City regulation regulating signage,
billboards or Original Art Murals.
Sec. 6. Section 5.111.2 of the Los Angeles Administrative Code is amended to
add a new Subsection (h) to read as follows:
(h)Fees charged for the registration of Original Art Murals,
pursuant to Section 22.116(b) of the Los Angeles Administrative Code,
shall be placed in the Fund and allocated for mural registration program
implementation.
Sec. 7. Section 22.116 of the Los Angeles Administrative Code is amended to
read as follows:
Sec. 22.116. Fees.
(a)Schedule of Feesfor Application for Architectural Approval. As
required by Section 22.109 of this Code, each application for approval of the design or
location of any arch, bridge, structure, or approach belonging to any private individual or
corporation by the Board of Cultural Affairs Commissioners shall be accompanied by
the payment of a fee in accordance with the following schedule:
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Page 3
Total Valuation of Project
Fee
From To
$0.00 $1,500.00 $60.00
1,500.01 10,000,00 80,00
Sss10,OOO.01 25,000,00 100.00
25,000,01 50,000.00 120.00
50,000.01 150,000,00 140.00
150,000.01 250,000.00 160.00
250,000.01 500,000.00 200,00
500,000.01 1,000,000.00 300.00
1,000,000,01 Over 400.00
(b)Fee For New Mural Registration.As required by Section 22.119 of this
Code, each application for registration with the Department of Cultural Affairs of an
Original Art Mural on private property shall be accompanied by the payment of a $60.00
fee. Monies collected from each application for mural registration shall be deposited
into the Cultural Affairs Department Trust Fund, as established by Section 5.111.2 of
the Los Angeles Administrative Code, for mural registration program implementation,
Sec, 8. A new Section 22.119 of the Los Angeles Administrative Code is added
to read as follows:
Sec. 22.119. Original Art Murals on Private Property.
(a)Purposes.
(1)These regulations relating to Original Art Murals in the City of
Los Angeles further the following purposes: (1) encouraging artistic expression;
(2) fostering a sense of pride; (3) preventing vandalism at mural sites through the
installation of murals that vandals are reluctant to disturb; and (4) preserving
existing murals that are a valued part of the history of the City of Los Angeles.
(2)The City wishes to encourage the installation of murals and, at the
same time, prevent the proliferation of off-site commercial signs. Therefore, the
City's mural regulations exclude commercial advertising on murals to prevent the
installation of the equivalent of an off-site commercial sign on a mural. This
restriction on commercial advertising is intended to work in tandem with and help
preserve the citywide ban on off-site commercial signs set forth in Section 14.4.4
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of the Los Angeles Municipal Code. Both the ban and the exclusion of
commercial advertising on murals are supported by the United States Supreme
Court's ruling in Metromedia, Inc. v, City of San Diego, 453 U.S. 490 (1981). In
Metromedia, the Supreme Court ruled that the only reasonable way that cities
can stop the proliferation of off-site commercial signs is to ban them. The
Supreme Court also ruled that cities can carve out exemptions to such a ban for
noncommercial signs and on-site commercial signs.
(3)These mural regulations also promote public safety and welfare by
regulating such displays in keeping with the following objectives:
(i)That the design, construction, installation, repair and
maintenance of such displays will not interfere with traffic safety or
otherwise endanger public safety.
(ii)That the regulations will provide reasonable protection to the
visual environment by controlling the size, height, spacing and location of
such displays.
(iii)That the public will enjoy the aesthetic benefits of being able
to view such displays in numbers and sizes that are reasonably and
appropriately regulated without having to endure visual blight and traffic
safety impacts that would be caused by such displays that are not
reasonably and appropriately regulated.
(iv)That consideration will be given to equalizing the opportunity
for messages to be displayed.
(v)That adequacy of message opportunity will be available to
sign users without dominating the visual appearance of the area.
(vi)That the regulations will conform to judicial decisions,
thereby limiting further costly litigation and facilitating enforcement of
these regulations.
(vii)To provide registration requirements and regulations for
Original Art Murals as defined in Section 14.4.2 of the Los Angeles
Municipal Code.
(b)Original Art Mural Registration.
(1)Authority. The Department of Cultural Affairs shall have the
authority to determine that an application for an Original Art Mural or Vintage
Original Art Mural meets all of the applicable registration requirements as
established inthe Mural Ordinance Administrative Rules.
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Page 5
(2)Administrative Rules. The Department of Cultural Affairs is
authorized and directed to adopt Mural Ordinance Administrative Rules
implementing this section.
(3)Neighborhood Involvement Requirement. The Mural Ordinance
Administrative Rules to be adopted by the Department of Cultural Affairs shall
include a neighborhood involvement requirement. Specifically, the rules shall
include a requirement that an applicant for mural approval send notice of that
application to the Neighborhood Council which has jurisdiction over the area of
the City in which the proposed mural will be installed at least 45 days prior to the
Department registering the mural. No mural shall be registered until the
applicant certifies that he or she has completed this neighborhood involvement
requirement. This is a procedural requirement only, and the General Manager
shall at all times retain sole authority to approve or deny an application for a
mural based on the criteria in Section 22.119 of the Los Angeles Administrative
Code and any Mural Ordinance Administrative Rules promulgated by the
Department of Cultural Affairs. Further, in no event will registration of a mural be
granted or denied based upon the content of the mural.
(4)Covenant. In connection with the installation of a new Original Art
Mural, the applicant shall be required to record a covenant with the Office of the
County Recorder and the Department of Cultural Affairs. The covenant shall
require that the mural comply at all times with all provisions of the Original Art
Mural Regulations specified in Subsection (b) of this Section 22.119. In addition,
the covenant shall remain in force for as long as the mural exists.
(5)Change of Ownership. Upon a change of ownership of the
property to which an Original Art Mural is affixed, a new owner may, at the
owner's election and without the need for permission from the Department of
Cultural Affairs, de-register the mural with that department and terminate the
covenant.
(c)Grandfathering of Vintage Original Art Murals. Any Vintage Original
Art Mural installed prior to the effective date of this section, shall have legal
nonconforming status and, notwithstanding any provision of this Section 22.119 to the
contrary, not require registration under this Section 22.119. But a Vintage Original Art
Mural which has not gained legal nonconforming status through law other than this
Section 22.119 cannot qualify for legal nonconforming status under this Section 22.119
if it consists or contains any of the following: 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).
5
Page 6
(d)Original Art Mural Regulations. An Original Art Mural that meets all of
the following requirements will be allowed upon satisfaction of the applicable registration
procedures:
(1)The mural shall remain in place, without alteration, for a minimum
period of two-years. "Alterations" include any change to a 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. Minor
changes to the permitted mural that result from the maintenance or repair of the
mural shall not constitute an "alteration." Such minor changes may include slight
an unintended deviations from the original image, colors, or materials that occur
when the permitted mural is repaired due to the passage of time or as a result of
vandalism. A mural may be removed within the first two years of the date of
registration under the following circumstances:
(i)the property on which the mural is located is sold; or
(ii)the structure or property is substantially remodeled or altered
in a way that precludes continuance of the mural; or
(iii)the property undergoes a change of use authorized by the
Department of Building and Safety.
(iv)the owner of a mural may request permission from the
Department of Cultural Affairs to remove a mural prior to the expiration of
the two year period, which the Department 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 in furtherance of off-site
commercial advertising.
(2)No part of a mural shall exceed the height of the structure to which
it is tiled, painted or affixed.
(3)No part of a mural shall extend more than six (6) inches from the
plane of the wall upon which it is tiled, painted or affixed.
(4)No part of a mural shall exceed a height of 100 feet above grade.
(5)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).
6
Page 7
(6)No mural shall be placed over the exterior surface of any building
opening, including, but not limited to, windows, doors, and vents.
(7)No mural shall be placed on a lot that is improved with only one
single-family residential structure and accessory structures.
(8)No mural shall be arranged and illuminated in a manner that will
produce a light intensity of greater than three foot candles above ambient
lighting, as measured at the property line of the nearest residentially zoned
property.
(9)Digitally printed image murals shall receive approval of both the
Los Angeles Fire Department and the Department of Building and Safety.
(e)Severability. If any part, sentence, phrase, clause, term, or word of this
Section 22.119 is declared invalid or unconstitutional by a valid court judgment or
decree of any court of competent jurisdiction, the declaration of such invalidity or
unconstitutionality shall not affect the constitutionality or lawfulness of the remainder of
this Administrative Code, the Los Angeles Municipal Code, or any other City regulation
regulating signage, billboards, or Original Art Murals.
7
Page 8
Sec. 9. The City Clerk shall certify to the passage of this ordinance and have it
published in accordance with Council policy, either in a daily newspaper circulated
in the City of Los Angeles or by posting for ten days in three public places in the City of
Los Angeles: one copy on the bulletin board located at the Main Street entrance to the
Los Angeles City Hall; one copy on the bulletin board located at the Main Street
entrance to the Los Angeles City Hall East; and one copy on the bulletin board located
at the Temple Street entrance to the Los Angeles County Hall of Records.
I ~ereby certify that the foregoing ordinance was introduced at the meeting of the Council of the
CIty of Los Angeles AUG 2 8 2013 ,and was passed at its meeting of SEP 42m~
HOLLY L. WOLCOTT, Interim City Clerk
Deputy
Mayor
Approved _
Approved as to Form and Legality
MICHAEL N. FEUER, City Attorney
By &.-~~, KENNETH T. ONG '
Deputy City Attorney
Pursuant to Charter Section 559, I
disapprove this ordinance on behalf of the
City Planning Commission and recommend
that it not be adopted .....
August J.J.2013
Date
See attached report.
~ ..~fenz--
Director of Planning
File No(s). CF Nos. 08-0515. 08-0530, 08-1233 and 11-0923
M:\Real Prop_Env_Land Use\Land Use\Kenneth Fong\Mural Sign Ordinance\City Atty Rpt and Final Ordinance\Mural Ordinance
City Attorney FINAL VERSION B (7 30 2013).docx
8
DRAFT 2/17/20
RESOLUTION REQUESTING CHANGES TO THE MURAL ORDINANCE
Whereas, in January 2014, the Palm Springs City Council approved an Ordinance regarding the
Regulation of Original Art Murals, which was amended and superseded in January 2018 to
enable a shorter timeframe for approval and less work and expense for both applicant and
staff.
Whereas, the original purpose of the Ordinance was to clearly differentiate art murals from
signs and preventing corporations from attempting to advertise products by masquerading as a
mural.
Whereas, the administrative process and costs of formally applying for a mural remain a barrier
to mural production, particularly for non-profits and communities facing income disparities.
Whereas, to help murals thrive in Palm Springs and recognize the vital cultural self -expression
murals represent, the City must work to find the simplest path forward to create legal murals,
while retaining our strong protections against commercial advertising.
The Public Arts Commission believes that this can be accomplished by creating a new category
of “By-Right Murals,” which would be exempt from the existing fees and review process, as long
as the mural meets a few simple and objective conditions.
The Public Arts Commission therefore requests that the City Attorney prepare and present to
the City Council revisions to the Mural Ordinance establishing a “By -Right Mural” that would
exempt the approval and fee requirements for new original Art Murals if the mural meets the
following requirements:
1) The mural has been sponsored, commissioned, or approved by the Public Arts
Commission, with a cost of $25,000 or less, and is intended as a temporary installation
for no more than 18 months (at which time it must be reviewed by the Public Arts
Commission for approval to remain longer.)
2) The mural contains no logos, text, script, numbers or other forms of writing that
advertise or relate to any business, service or product offered by a commercial entity.
3) The mural is create using only paint or tiles and complies with the current mural
requirements as far as materials or attachment to walls.
These proposed changes are based on amendments made by the Los Angeles City Council.
From:Cynthia Alvarado Cynthia.Alvarado@palmspringsca.gov
Subject:RE: Bench progress-Victoria Park
Date:February 11, 2021 at 2:09 PM
To :Patrick Sheehan mycoachellart@gmail.com,Ann Sheffer annsheffer@gmail.com,Jody Diaz jodiaz@psusd.us,Charlie LaMorte
charlielamorte@gmail.com
E
Those are Fantastic!!! !
From: Patrick Sheehan <mycoachellart@gmail.com>
Sent: Thursday, February 11, 2021 1:14 PM
To: Ann Sheffer <annsheffer@gmail.com>; Jody Diaz <jodiaz@psusd.us>; Charlie
LaMorte <charlielamorte@gmail.com>; Cynthia Alvarado
<Cynthia.Alvarado@palmspringsca.gov>
Subject: Bench progress-Victoria Park
Hi Ann, Cynthia, Jody, and Chuck!
We finished up (3) benches at Victoria Park this week!
Lots of PS residents and tourists out in the park enjoying the stellar weather and thanking
us for beautifying the park benches.
We had several small tikes come over to inspect our work, play in the water buckets, and
enjoy chalk drawing on the sidewalks nearby. So fun!
Ann, be please share the attached photos with your arts commissioners, especially
Tracy and Shawnda, who mentioned last PSPAC meeting that they wanted to be
kept in the loop on our progress.
We have (3) more benches to complete in this playground area of Victoria Park.
I'll be posting some of the photos in the coming days on social media and I'll make sure
to tag both commissions.
Photos of the new benches are below.
BEFORE
Please don't hesitate to email or call if you have any questions.
Regards,
Patrick Sheehan
Executive Director
760-537-5957