HomeMy WebLinkAbout1/3/2018 - STAFF REPORTS - 3.A. A.o4 p A L M S.0
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°�roQ•t° 9� 4 CITY COUNCIL STAFF REPORT
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DATE: January 3, 2018 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER 5.81
RELATING TO ART MURALS ON PRIVATE PROPERTY.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
In 2014, the City Council established regulations for the processing of applications for
the installation of art murals on private property. The City Council will consider the
adoption of an Ordinance that amends and supersedes Chapter 5.81 "Art Murals on
Private Property," to streamline the existing review and approval process for murals,
and to introduce penalties for murals that are installed without Council authorization.
RECOMMENDATION:
1. Waive reading of the text and introduce for first reading Ordinance No.
"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." and
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES FOR ART MURAL
APPLICATIONS AND AMENDING THE COMPREHENSIVE FEE SCHEDULE
ADOPTED BY RESOLUTION NO. 23854."
BACKGROUND:
The existing mural ordinance was first adopted by City Council on June 4, 2014. Three
murals that were installed prior to the adoption of the ordinance have since received
approvals by the City Council:
• 810 N. Farrell Drive — Hot Purple Energy (Case 15-001 MUR, approved 06/03/15);
• 340 N. Palm Canyon Drive — BAR (Case 15-002 MUR, approved 05/20/15); and
• 2481 N. Palm Canyon Drive — "Woman with Sunglasses" (Case 15-003 MUR,
approved 05/04/16).
rMM NO. Jam„_,_
City Council Staff Report
January 3, 2018-- Page 2
Art Mural Ordinance
Three additional murals have been approved by City Council under the ordinance:
• 543 S. Palm Canyon Drive — Wells Fargo Bank (Case 16-001 MUR, approved
10/19/16);
• 707 N. Palm Canyon Drive — Trio Restaurant (Case 17-001 MUR, approved
06/07/17); and
• 200 S. Palm Canyon Drive — Lulu California Bistro (Case 17-002, approved
09/06/17).
STAFF ANALYSIS:
The mural ordinance as it currently exists requires review by three boards/commissions
prior to consideration by the City Council, resulting in a process that has taken up to six
months to complete. To reduce the approval timeframe, it is proposed that review of
mural applications by the Planning Commission and Architectural Advisory Committee
be eliminated. The shortened process would be as follows:
1. Submittal of application to the Department of Planning Services;
2. Review of the application by the Public Arts Commission with a recommendation
to the City Council; and
3. Review and approval of the application by the City Council.
While changes are proposed to the approval process, no changes are proposed to the
regulations which are applicable to the installation of murals. Planning staff would
continue to provide a staff report and analysis of conformance to the adopted
regulations for the City Council to consider in their deliberations on the application. In
addition, it is recommended that the requirement for applicants to enter into a covenant
with the City for continued maintenance of the mural also be retained.
To further assist in shortening the approval timeframe for murals, it is proposed that the
public notice requirements be revised from a 30-day notice period to a standard 10-day
notice period. The current ordinance requires that a notice be provided to all property
owners within 500 feet of the location a minimum of 30 days prior to consideration of the
application by the Planning Commission. As the Planning Commission will no longer be
involved in the review process, the Planning Department would mail notices a minimum
of 10 days prior to consideration of the application by the Public Arts Commission.
The proposed changes also expand the "Purpose" (Section 5.81.010) of the Mural
Ordinance to include "visually activating dormant and/or vacant properties and
constructions sites." The definition of a "mural", pursuant to section 93.20.03 of the
PSMC is also included. This definition states "a 'mural' means a painting or artwork
temporarily or permanently affixed to a building wall, freestanding wall, or fence,
distinguished from signage in that it does not advertise a business, commercial
endeavor, or product sold or offered on the site or off-site."
02
City Council Staff Report
January 3, 2018-- Page 3
Art Mural Ordinance
The proposed changes recommend that murals remain in place, without alteration, for a
minimum period of one year. The existing Mural Ordinance requires murals remain in
place, without alteration for a minimum period of two years. The proposed changes
also recommend short-term, "event specific" murals be allowed with a time duration of
no fewer than three (3) months and no greater than six (6) months.
In accordance with the direction given by the City Council, it is proposed that a penalty
be instituted for installation of a mural prior to approval by the City Council. The
penalties and remedies included in the proposed changes have been expanded. It is
recommended:
Any mural created and installed without City approval pursuant to this Chapter shall be
deemed "graffiti", as defined by Section 11.72.172 of the PSMC, and as a public
nuisance pursuant to Section 11 .72.174, and subject to abatement pursuant to Chapter
11.72 wherein nuisance abatement refers to "any and all efforts by city officials to
ensure compliance with the city's municipal code by eliminating or remediating those
conditions identified specifically as public nuisances within this chapter. Such efforts
shall include, but are not limited to, securing compliance by the responsible party
through inspections and directions to remediate or through judicial process or enforcing
compliance by having city employees or contractors perform the work necessary to
obtain code compliance."
The recommended changes would also add the following language:
1) Nuisance. Any mural created and installed without City approval pursuant to this
Chapter 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.
2) 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
03
City Council Staff Report
January 3, 2018 -- Page 4
Art Mural Ordinance
($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).
3) 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.
4) 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.
Currently, the fines instituted as part of the administrative citation process are
established at $100.00 for the first notice, $250.00 for the second notice, and $500.00
for any subsequent notices.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project" as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. Introduction and adoptions of the Ordinance is exempt from CEQA
pursuant to Section 15378(b), in that a "Project" does not include: (5) Organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment.
FISCAL IMPACT:
With the proposed changes to the process, the fee charged for mural applications will
warrant a reduction. The current fee is $2,044, based on the User Fee Study which was
adopted by City Council in July 2015. With elimination of several steps from the
approval process, the application fee is recommended to be $950 plus actual cost of
printing/mailing notices. A resolution is recommended for adoption to amend the City's
Comprehensive Fee Schedule adopted by Resolution 23584 on July 15, 2015.
04
City Council Staff Report
January 3, 2018-- Page 5
Art Mural Ordinance
SUBMITTED:
inn Fagg, AI P Ja Ira , Director
Director of Planni rvices Corn ity & Economic Development
Marcus Fuller, MPA, P.E., P.L.S. David H. Ready, Esq., Ph.
'11—
Assistant City Manager/City Engineer City Manager
Attachments:
1 . Ordinance
2. Resolution
05
ATTACHMENT 1
. a e
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; and (iv)
preserving existing murals that are a valued part of the history of the City; and
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,
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 81.020 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.
3 January 2018
Page 1
O r:
(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.
5 81030 5.81.040 Procedure.
(a) Prior to any action by the Planning Commission Public Arts Commission, the
ApplisaR Planning Department shall send notice of such application to all property
owners within 500 feet of the location of the mural at least 00 10 days prior to the
Public Arts Commission consideration of the mural. No mural
shall be permitted until the applisaRt Planning Department has certified that notification
has been completed.
(b) The PlanningDepartment shall submit the application to the Dlan Winn
Commission for review as to the GOMPatibility of the proposed muFal in the location and
on the SpeGifiG StFUGtUFe the FRuFal is
and all other applicable Fequirement.
!'`ode proposed,the 7n n'nn
( ) The Planning Commission shall refeF the annl'ratinn to the AFGh'te Gtural Advisory
Committee fGF GeFnMeRt, and may submit the appliGation to the Historic Sate
PreseNafien Beard as neGessa-ry.
(dXb) The Planning Department shall submit the application to the Public Arts
Commission who shall
prepesed aFt 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.
WM The Planning Department shall submit the application to the City Council for#+rlal
appreval their consideration.
(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
consideration by the City Council.
5 81 040 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.
3 January 2018
Page 2
0 r�;
(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.
5.81 050 5.81.060 Regulations.
An approved mural shall comply with all of the provisions of this Section:
(a) The mural shall remain in place, without alteration, for a minimum period of twe
one years, unless otherwise permitted by this Section. 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) Applications for short-term, "event specific" murals may also be approved, with a
time duration of no fewer than three (3) months and no greater than six (6) months. All
fees, permits, procedures, and requirements as otherwise specified in this Chapter shall
apply to short-term event specific murals.
M g) A mural may be removed within the first twe one years of the date of registration
under the following circumstances.
1. The property on which the mural is located is sold; or
2. The structure or property is substantially remodeled or altered in a way that
precludes continuance of the mural; or
3. The property undergoes a change of use authorized by the Department of
Building and Safety;
4. The owner of a mural may request permission from the City Manager to
remove a mural prior to the expiration of the twe one-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.
(s)(�L) No part of a mural shall exceed the height of the structure to which it is tiled,
painted, or affixed.
(d)Le) 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.
3 January 2018
Page 3
O J
�f1 Unless otherwise authorized by City Council upon making findings of no resulting
impacts, Ono 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).
(f)Lq) No mural shall be placed on a lot that is improved with only one single-family
residential structure and accessory structures.
(g)Ltj� 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.
(4)(]1 Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
(4W 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 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).
3 January 2018
Page 4
1 C,
(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.
Legend:
Underlined text is additive, isW Lan text is Femo+„ d
3 January 2018
Page 5 t
y
ORDINANCE NO.
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.
12
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,
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.
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
consideration.
(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
consideration by the City Council
13
Ordinance No.
Page 3
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) The mural shall remain in place, without alteration, for a minimum period of one
year, unless otherwise permitted by this Section. 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) Applications for short-term, "event specific" murals may also be approved, with a
time duration of no fewer than three (3) months and no greater than six (6) months. All
fees, permits, procedures, and requirements as otherwise specified in this Chapter shall
apply to short-term event specific murals.
(c) A mural may be removed within the first two years of the date of registration
under the following circumstances.
1. The property on which the mural is located is sold; or
2. The structure or property is substantially remodeled or altered in a way that precludes
continuance of the mural; or
3. The property undergoes a change of use authorized by the Department of Building and
Safety;
4. The owner of a mural may request permission from the City Manager to remove a mural
prior to the expiration of the one-year period, which the City Manager may grant upon
1
Ordinance No.
Page 4
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.
(d) 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.
(f) 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).
(g) No mural shall be placed on a lot that is improved with only one single-family
residential structure and accessory structures.
(h) 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.
(i) Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
Q) 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 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
15
Ordinance No.
Page 5
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).
(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.
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
1 �
Ordinance No. _
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. 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:
NOES:
ABSENT:
ABSTAIN:
ANTHONY J. MEJIA, MMC CITY CLERK
City of Palm Springs, California
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ATTACHMENT 2
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
MODIFYING USER FEES FOR ART MURAL
APPLICATIONS AND AMENDING THE
COMPREHENSIVE FEE SCHEDULE ADOPTED BY
RESOLUTION NO. 23854.
WHEREAS, the City, under various statutory provisions under California
Government Code, may set and collect fees for the costs of providing a particular
service; and
WHEREAS, the City Council on July 15, 2015, adopted Resolution No. 23854
approving a user fee study and approving the Comprehensive Fee Schedule;
and
WHEREAS, the City Council desires to reduce the Planning Department fee
Mural Permit to reflect the City Council's approval to streamline the application
process for original art murals on private property.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS,
DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1. FINDINGS.
A. City staff has reasonably analyzed the fee for a Mural Permit in the
context of the City Council's approval to streamline the application process,
eliminating review by the Architectural Advisory Committee and Planning
Commission, and has determined the existing fee should be reduced to reflect
the reduction in administrative processing.
B. The reduced Mural Permit fee shall be adopted to cover some of
the City's costs and expenses associated with providing administrative review
and processing of applications for installation of original art murals on private
property.
C. The cost of such services should be borne by those who are the
special beneficiaries rather than the citizenry at larger.
D. There is a reasonable relationship between the amount of the fee
and the estimated probable cost of providing the type of service for which the fee
is imposed.
E. The fees do not exceed the estimated reasonable cost of providing
the service for which the fee is charged.
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Resolution No.
Page 2
Section 2. FEES IMPOSED.
A. The City Council hereby adopts and imposes a revised Mural
Permit fee, reducing the current fee of $2,044.22 to a new fee of $950 plus
notification fees. The Comprehensive Fee Schedule, identifying Planning
Department Fees, as shown on Page 50, relating to Mural Permit shall be
revised to read as follows:
MURALPERMIT........................................................................................................$950.00
(PLUS NOTIFICATION FEES)
B. Each person submitting an application for administrative review and
processing of a request to install an original art mural on private property shall
pay the fee at the time they apply for an application for a Mural Permit.
C. On July 1st of each year, the fee for a Mural Permit shall be
automatically adjusted in the same manner as the other fees and charges
identified in the Comprehensive Fee Schedule.
Section 3. SEVERABILITY.
Each component of the fees and all portions of this Resolution are
severable. Should any individual component of the fee or other provision of this
Resolution be adjudged to be as invalid, the remaining provisions shall be fully
effective, and the fee shall be fully effective except as to that portion that has
been judged to be invalid.
Section 4. EFFECTIVE DATE.
The revised fee for the Mural Permit adopted by this Resolution shall be
effective upon adoption of this Resolution.
Section 5. COMPREHENSIVE FEE SCHEDULE.
The Director of Finance is hereby authorized and directed to incorporated
said modifications and fees into the Comprehensive Fee Schedule, adopted by
Resolution No. 23854.
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Resolution No.
Page 3
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 3RD DAY OF JANUARY, 2018.
David H. Ready, City Manager
ATTEST:
Anthony J. Mejia, MMC, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on January 3,
2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia, MMC, City Clerk
City of Palm Springs, California
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