HomeMy WebLinkAbout1/24/2018 - STAFF REPORTS - 1.N. Q ?ALMs
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°RAIIOp CITY COUNCIL STAFF REPORT
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DATE: January 24, 2018 CONSENT
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1948 OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
SUPERSEDING CHAPTER 5.81 OF THE PALM SPRINGS MUNICIPAL
CODE REGARDING THE REGULATION OF ART MURALS ON PRIVATE
PROPERTY.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
This is the second reading of Ordinance No. 1948, which amends the City's mural
regulations.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt 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 ART
MURALS ON PRIVATE PROPERTY."
STAFF ANALYSIS:
On January 3, 2018, Ordinance No. 1948 was introduced for first reading, as noted below:
ACTION: Waive the reading of the ordinance text in its entirety, read by title only,
and introduce for first reading an Ordinance entitled "AN ORDINANCE 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."
Approved by a majority vote of the City Council (5-0-0).
AYES: Councilmembers Kors, Holstege, Middleton, Mayor Pro Tern
Roberts, and Mayor Moon
ITEM NO._1.N:_,...
City Council Staff Report
January 24, 2018 -- Page 2
Second Reading, Mural Ordinance
NOES: None
ABSENT: None
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective thirty (30) days from adoption.
Ordinance 1948 as presented to Council contained the following provisions:
• Reduces the approval timeframe by eliminating the Architectural Advisory
Committee and Planning Commission reviews;
• Expands the purpose of the ordinance to include "visually activating dormant
and/or vacant properties and construction sites;"
• Includes a definition of the term "mural," consistent with the definition in Chapter
91 of the Palm Springs Zoning Code;
• Reduces the required minimum installation period for murals from two years to one
year;
• Identifies that murals installed without prior authorization are a public nuisance and
subject to penalties;
• Modifies and expands the penalties for installing a mural without prior
authorization; and
• Modifies the application fee from $2,044.00 to $950.00 based on the reduced staff
time needed to process the application.
The City Council voted to introduce the ordinance, subject to the following comments,
corrections and additions:
• Standardize all references to "City Council consideration" and "City Council
authorization;"
• Eliminate the one-year minimum time period requirement for murals;
• Identify that short-term event specific murals are permissible, subject to the same
approval process as standard murals;
• Amend Section 5.81.070(a) to identify that the failure to maintain a mural is subject
to violation;
• Amend Section 5.81.070(b) to identify that the applicant is allowed to submit a
mural application rather than remove an unpermitted mural, but is still subject to
administrative penalties;
• Allow mural applications to be placed on the City Council Consent Agenda; and
• Provide notification to the general public regarding the mural approval process.
In addition, staff has made a minor modification to the mural definition reflecting the input
of the Public Arts Commission, noting that only those murals which are visible from the
public right-of-way are subject to the ordinance.
The changes are reflected in the redlined draft of this Ordinance which is included as
ATTACHMENT A. A clean version of this Ordinance is attached to this report as
ATTACHMENT B. This report provides for the City Council to waive further reading and
adopt Ordinance 1948.
:J .r
City Council Staff Report
January 24, 2018 -- Page 3
Second Reading, Mural Ordinance
F� 111MI A
Fnnagg, AICP Marcus L. Fuller, A, P.E., .L.S.
Director of Planning Services Assistant City Manager
David H. Ready, Esq., P Edward Z. Kotkin
City Manager City Attorney
Attachments:
1. Proposed Ordinance 1948 (REDLINE)
2. Proposed Ordinance 1948 (CLEAN)
03
ATTACHMENT A
DRAFT MURAL ORDINANCE REVISIONS
Chapter 5.81 ART MURALS ON PRIVATE PROPERTY
5.81.010 Purpose.
(a) This Chapter is intended to enact a process and procedures for the installation of
original art murals on private property and further the public interest by: (i) encouraging
artistic expression; (ii) fostering a sense of pride; (iii) preventing vandalism 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) visually 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
regulations do not allow commercial advertising.
(c) Mural regulations also promote public safety and welfare by ensuring the following
objectives are achieved:
1. The design, construction, installation, repair, and maintenance of such displays
will not interfere with traffic safety or otherwise endanger public safety.
2. Regulation will provide reasonable protection to the visual environment by
controlling the size, height, spacing, and locations of such displays.
3. The public will enjoy the aesthetic benefits of being able to view such displays
in numbers and sizes that are reasonably and appropriately regulated.
4. To impose permit requirements and regulations for murals.
5.81.020 Definition.
Pursuant to Section 93.20.03 of this Code, a "mural" means a painting or artwork
temporarily or permanently affixed to a building wall, freestanding wall, or fence, which
can be seen from the public right-of-way, and is distinguished from signage in that it does
not advertise a business, commercial endeavor, or product sold or offered on the site or
off-site.
5.81.030 Permit required.
04
Ordinance No.
Page 2
(a) It is unlawful for any person, firm, or corporation to authorize, erect, construct,
maintain, move, alter, change, place, suspend, or attach any mural within the City without
first obtaining the necessary permits.
(b) An application for a mural shall be submitted to the Planning Department to be
assessed by City staff for compliance with this Code. The application shall include a
maintenance plan be submitted for review and approval.
(c) An application for a mural shall be submitted with the notification fees and Mural
Application Permit Fee, as established by resolution of the City Council.
(d) Applications for short-term, "event specific" murals may also be approved, with a
time duration as established by the City Council. All fees, permits, procedures, and
requirements as otherwise specified in this Chapter shall 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
send notice of such application to all property owners within 500 feet of the location of the
mural at least 10 days prior to the Public Arts Commission consideration of the mural. No
mural shall be permitted until the Planning Department has certified that notification has
been completed.
(b) The Planning Department shall submit the application to the Public Arts
Commission who shall review the proposal, solicit public comment, and make a
recommendation to the City Council based on the artistic merit and execution of the
proposed art.
(d) The Planning Department shall submit the application to the City Council for their
^^sue authorization.
(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 toGensideratfon
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.
05
Ordinance No.
Page 3
(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 this Section:
(a) T e muri-al shall F@N ,6e `" itheut alteration, fora minimi,m period of one
year, unless othenuise permitter) by this Section 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. "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 as a result of vandalism.
(b) AppliGatiORG for short term, "eVeRt SpeGif'G" murals may also be approved, with a
fees, permitG, proGedures, and requirements as otheRvise speGified iR this Chapter shall
apply to short term event spenifio murals
(G) A mural may be removed withiR the fiFst twe years of the date ef registratieR unde
'I The property ep whieh the FRI iral is Igeated is sell); er
nreel„rles eentin„apee of the Fnuml• er
,
3 The Property „Rdergees a eha Pge of use authorized by the department of
Building and Safety;
a mural prier to the ev Piratien of the ene_year period) whieh the city Manager
,
may grant ,non making a finning that the eentiRued maintenance of the m„ral
is not feasible and that the early removal of the mural is not a f„rtheropoe of
gft_site corprpercial adyertis inn
(d)(b) No part of a mural shall exceed the height of the structure to which it is tiled,
painted, or affixed.
n ��
Ordinance No.
Page 4
(e)Lc� 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.
(f)(g) 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 image or message, not including static illumination turned
off and back on not more than once every 24 hours).
(gW No mural shall be placed on a lot that is improved with only one single-family
residential structure and accessory structures.
(44(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.
(OLc9 Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
(})N 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 11.72.174, 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 remove the mural created and installed without City approval. If
the mural is timely removed in compliance with 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
07
Ordinance No.
Page 5
subject to administrative penalty and citation may apply to the City for approval of the
mural pursuant to Section 5.81.040. No mural that has been subiect to administrative
penalty and citation, however, shall be approved unless the applicable fine has been paid
in full.
(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.
(d) Cumulative Remedies. In addition to, and not in lieu of, any other remedy allowed
by law, all remedies prescribed under this Section 5.81.070 are cumulative, and the
election of one or more remedies does not bar the City from pursuit of any other remedy,
criminal, administrative or civil, which may be pursued by the City to enforce this Chapter
and/or address any violation hereof.
08
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 Attomey'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 SPRINGS, 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 procedures for the installation of
original art murals on private property and further the public interest by: (i) encouraging
artistic expression; (ii) fostering a sense of pride; (iii) preventing vandalism 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) visually 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
regulations do not allow commercial advertising.
(c) Mural regulations also promote public safety and welfare by ensuring the following
objectives are achieved:
1. The design, construction, installation, repair, and maintenance of such displays
will not interfere with traffic safety or otherwise endanger public safety.
2. Regulation will provide reasonable protection to the visual environment by
controlling the size, height, spacing, and locations of such displays.
09
Ordinance No.
Page 2
3. The public will enjoy the aesthetic benefits of being able to view such displays
in numbers and sizes that are reasonably and appropriately regulated.
4. To impose permit requirements and regulations for murals.
5.81.020 Definition.
Pursuant to Section 93.20.03 of this Code, a "mural' means a painting or artwork
temporarily or permanently affixed to a building wall, freestanding wall, or fence, which
can be seen from the public right-of-way, and is distinguished from signage in that it does
not advertise a business, commercial endeavor, or product sold or offered on the site or
off-site.
5.81.030 Permit required.
(a) It is unlawful for any person, firm, or corporation to authorize, erect, construct,
maintain, move, alter, change, place, suspend, or attach any mural within the City without
first obtaining the necessary permits.
(b) An application for a mural shall be submitted to the Planning Department to be
assessed by City staff for compliance with this Code. The application shall include a
maintenance plan be submitted for review and approval.
(c) An application for a mural shall be submitted with the notification fees and Mural
Application Permit Fee, as established by resolution of the City Council.
(d) Applications for short-term, "event specific" murals may also be approved, with a
time duration as established by the City Council. All fees, permits, procedures, and
requirements as otherwise specified in this Chapter shall 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
send notice of such application to all property owners within 500 feet of the location of the
mural at least 10 days prior to the Public Arts Commission consideration of the mural. No
mural shall be permitted until the Planning Department has certified that notification has
been completed.
(b) The Planning Department shall submit the application to the Public Arts
Commission who shall review the proposal, solicit public comment, and make a
recommendation to the City Council based on the artistic merit and execution of the
proposed art.
(d) The Planning Department shall submit the application to the City Council for
authorization.
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 this 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. "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 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 image 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.
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 11.72.174, 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 remove the mural created and installed without City approval. If
the mural is timely removed in compliance with 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 5.81.040. No mural that has been subject to administrative
penalty and citation, however, shall be approved unless the applicable fine has been paid
in full.
(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.
12
Ordinance No.
Page 5
(d) Cumulative Remedies. In addition to, and not in lieu of, any other remedy allowed
by law, all remedies prescribed under this Section 5.81.070 are cumulative, and the
election of one or more remedies does not bar the City from pursuit of any other remedy,
criminal, administrative or civil, which may be pursued by the City to enforce this Chapter
and/or address any violation hereof.
Section 2. Neither introduction nor adoption of this Ordinance represents a "project' for
purposes of the California Environmental Quality Act (CEQA), as that term is defined by
CEQA guidelines (Guidelines) section 15378, because this Ordinance is an
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment, per section 15378(b)(5) of the Guidelines.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after passage.
Section 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to
the passage of this Ordinance, and to cause the same or a summary thereof or a display
advertisement, duly prepared according to law, to be published in accordance with law.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 24th DAY OF JANUARY, 2018.
ROBERT MOON, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on January 3, 2018, and adopted
at a regular meeting held on January 24, 2018, by the following vote:
AYES:
' 3
Ordinance No.
Page 6
NOES:
ABSENT:
ABSTAIN:
ANTHONY J. MEJIA, MMC CITY CLERK
City of Palm Springs, California
14
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: February 7, 2018
Subject: Ordinance 1948
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was published in the Desert Sun on
February 7, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
C / Y
Cynthia A. Berardi, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before February 7, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
- AXIA?
Cynthia A. l5erardi, CMC
Chief Deputy City Clerk
750 N Gene Autry Trail
mediagroup Palm Springs,
5781FCA 62
Tel:760.7784578/Fax 760.7784731
'AOOFMWu moa NO RR Email:Wgals@thedesertsun.Com
ORDINANCE NO,1948
2018 FEB 20 Pt� ° °F AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,.]
L TION CALIFORNIA, AMENDING.AND SUPERSEDING CHAPTER 5.01 OF THE PALM
SPRINGS MUNICIPAL CODE REGARDING THE REGULATION.OF ORIGINAL ART
MURALS.
Clty Ammeys Summary
1 1 L 'STATE Of=�ALIFDRNIA SS. This ordinance revises the existing regulations applicable to the processing of I
applications for Installation of 6rlglrui ar(murals on private property,InNdtlln9
COUNTY OF RIVERSIDE heir maintenance and lifespan.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVER51DE a.
CITY OF PALM SPRINGS ,
ANTHONY J.MEIIA,Interim Crry Clerk of the City of Palm Springs,do M1efPby
CITY OF PALM SPRINGS/LEGALS cerCdv.that Ordinance No. 19ae Is afull, true, and correct copy, and was
Introduced at a regular meeting of the Palm Springs City Council held on
PO BOX 2743 --. Janus rryy 3,2019,and adopted at a regular meeting hall on January 24,2018;by
the following votel
PALM SPRINGS CA 92283 AYES: and councilmembersayor Holstege,Kors,.Middleton,Mayor Pro Tem Robert NOES None
ABSENT: -None
'ABSTAIN: None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal
I am over the age of 18 years old,a citizen of the j
of"the City of Palm Springs,Californla,this2nd dayof February,2018. j
/sl nthla A Berardi for ANTHONY J.MEJIA;MMC
United States and not a party to,or have interest in C19CLERK _ _ Published:217110
Lhis natter.I hereby certify that the attache(,
advertisement appeared in said newspaper(set in
Type not smaller than non pariel)in each and entire
issue of said newspaper and not in any supplement
thereof on the following dates,to wit:
02/07/18
I acknowledge that 1 am a principal clerk of the
printer of The Desert Sun,printed and published
weekly in the City of Palm Springs,County of
Riverside, State of California.The Desert Sun was
adjudicated a Newspaper of general circulation on
March 24, 1988 by the Superior Court of the
County of Riverside,State of California Case No.
191236.
I declare under penalty of perjury that the foregoing
is true and correct. Executed on this 7th of
February 2018 in Palm Spring.,California.
DECLARANT
Ad#:0002712475
P O:Ord 1948
4 of Affidavits:1
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 Attomey'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.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1948 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on January 3, 2018, and adopted
at a regular meeting held on January 24, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto tet my hand and affixed the official seal of the
City of Palm Springs, California, this 2_day of Gb✓v n �Oel
ANTHONY J. MEJIA, MMC
CITY CLERK
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 SPRINGS, 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 procedures for the installation of
original art murals on private property and further the public interest by: (i) encouraging
artistic expression; (ii) fostering a sense of pride; (iii) preventing vandalism 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) visually 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
regulations do not allow commercial advertising.
(c) Mural regulations also promote public safety and welfare by ensuring the following
objectives are achieved:
1. The design, construction, installation, repair, and maintenance of such displays
will not interfere with traffic safety or otherwise endanger public safety.
2. Regulation will provide reasonable protection to the visual environment by
controlling the size, height, spacing, and locations of such displays.
Ordinance No. 1948
Page 2
3. The public will enjoy the aesthetic benefits of being able to view such displays
in numbers and sizes that are reasonably and appropriately regulated.
4. To impose permit requirements and regulations for murals.
5.81.020 Definition.
Pursuant to Section 93.20.03 of this Code, a "mural' means a painting or artwork
temporarily or permanently affixed to a building wall, freestanding wall, or fence, which
can be seen from the public right-of-way, and is distinguished from signage in that it does
not advertise a business, commercial endeavor, or product sold or offered on the site or
off-site.
5.81.030 Permit required.
(a) It is unlawful for any person, firm, or corporation to authorize, erect, construct,
maintain, move, alter, change, place, suspend, or attach any mural within the City without
first obtaining the necessary permits.
(b) An application for a mural shall be submitted to the Planning Department to be
assessed by City staff for compliance with this Code. The application shall include a
maintenance plan be submitted for review and approval.
(c) An application for a mural shall be submitted with the notification fees and Mural
Application Permit Fee, as established by resolution of the City Council.
(d) Applications for short-term, "event specific" murals may also be approved, with a
time duration as established by the City Council. All fees, permits, procedures, and
requirements as otherwise specified in this Chapter shall 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
send notice of such application to all property owners within 500 feet of the location of the
mural at least 10 days prior to the Public Arts Commission consideration of the mural. No
mural shall be permitted until the Planning Department has certified that notification has
been completed.
(b) The Planning Department shall submit the application to the Public Arts
Commission who shall review the proposal, solicit public comment, and make a
recommendation to the City Council based on the artistic merit and execution of the
proposed art.
(d) The Planning Department shall submit the application to the City Council for
authorization.
Ordinance No. 1948
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 this 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. "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 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 image 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.
Ordinance No. 1948
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 11.72.174, 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 remove the mural created and installed without City approval. If
the mural is timely removed in compliance with 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 5.81.040. No mural that has been subject to administrative
penalty and citation, however, shall be approved unless the applicable fine has been paid
in full.
(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.
Ordinance No. 1948
Page 5
(d) Cumulative Remedies. In addition to, and not in lieu of, any other remedy allowed
by law, all remedies prescribed under this Section 5.81.070 are cumulative, and the
election of one or more remedies does not bar the City from pursuit of any other remedy,
criminal, administrative or civil, which may be pursued by the City to enforce this Chapter
and/or address any violation hereof.
Section 2. Neither introduction nor adoption of this Ordinance represents a
"project" for purposes of the California Environmental Quality Act (CEQA), as that term is
defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment, per section 15378(b)(5) of the Guidelines.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
Section 4. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Ordinance, and to cause the same or a summary thereof or
a display advertisement, duly prepared according to law, to be published in accordance
with law.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 24th DAY OF JANUARY, 2018.
ROBERT MOON, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Ordinance No. 1948
Page 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1948 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on January 3, 2018, and adopted
at a regular meeting held on January 24, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of
ANTHONY J. MEJIA, MMC
CITY CLERK