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•'oN;P.CITY COUNCIL STAFF REPORT
DATE: October 4, 2017 NEW BUSINESS
SUBJECT: DISCUSSION REGARDING PROPOSED CHANGES TO PALM SPRINGS
MUNICIPAL CODE CHAPTER 5.81 RELATING TO ART MURALS ON
PRIVATE PROPERTY
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
This is a request for discussion of proposed changes to Palm Springs Municipal Code
(PSMC) Chapter 5.81 regarding the approval process for Art Murals on private property.
This discussion item is pursuant to direction given at the City Council meeting of June 7,
2017, wherein staff was directed to recommend shortening the approval process for
murals and propose higher penalties for murals installed without prior City authorization.
RECOMMENDATION:
Discuss the proposed ordinance revisions and provide direction to staff.
BACKGROUND:
Traditionally, murals were not allowed on private property under City ordinance
regulations. However, illegal murals installed at two properties on Palm Canyon Drive
resulted in complaints from other businesses and City enforcement actions were
commenced. At that time, City Council also began discussions as to whether murals
should be allowed on private buildings, and if so, what kinds of regulations should be put
in place.
City Council ultimately decided to create a Mural Ordinance with an intentionally
burdensome approval process requiring review and recommendations by various City
Commissions including the Arts Commission, Planning Commission, Architectural
Advisory Committee (AAC), in addition to formal approval by City Council. This process
allowed for maximum outreach and public input from adjacent businesses who could be
effected by the mural artwork, and to give residents an opportunity to provide feedback
ITEM NO. 5; L'
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DATE: October 4, 2017 NEW BUSINESS
SUBJECT: DISCUSSION REGARDING PROPOSED CHANGES TO PALM SPRINGS
MUNICIPAL CODE CHAPTER 5.81 RELATING TO ART MURALS ON
PRIVATE PROPERTY
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
This is a request for discussion of proposed changes to Palm Springs Municipal Code
(PSMC) Chapter 5.81 regarding the approval process for Art Murals on private property.
This discussion item is pursuant to direction given at the City Council meeting of June 7,
2017, wherein staff was directed to recommend shortening the approval process for
murals and propose higher penalties for murals installed without prior City authorization.
RECOMMENDATION:
Discuss the proposed ordinance revisions and provide direction to staff.
BACKGROUND:
Traditionally, murals were not allowed on private property under City ordinance
regulations. However, illegal murals installed at two properties on Palm Canyon Drive
resulted in complaints from other businesses and City enforcement actions were
commenced. At that time, City Council also began discussions as to whether murals
should be allowed on private buildings, and if so, what kinds of regulations should be put
in place.
City Council ultimately decided to create a Mural Ordinance with an intentionally
burdensome approval process requiring review and recommendations by various City
Commissions including the Arts Commission, Planning Commission, Architectural
Advisory Committee (AAC), in addition to formal approval by City Council. This process
allowed for maximum outreach and public input from adjacent businesses who could be
effected by the mural artwork, and to give residents an opportunity to provide feedback
ITEM NO. 5; b'
City Council Staff Report
October 4, 2017 — Page 2
Art Mural Ordinance
on the type of mural proposed. Hence, the existing Mural Ordinance was 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).
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).
One of the murals listed above (Trio Restaurant, Case 17-001 MUR) was installed prior
to receiving approval by the City Council. While the applicant contacted the Department
of Planning Services prior to installation to inquire about the approval process, the
application was not submitted until after the mural had been installed.
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
02
City Council Staff Report
October 4, 2017 -- Page 3
Art Mural Ordinance
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 notices would be mailed a minimum of 10 days prior
to consideration of the application by the City Council.
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. It is
recommended that a fine of up to $5,000 be instituted as part of an administrative citation
process; the fine could be appealed to the Administrative Appeals Board in accordance
with the procedures outlined in PSMC Chapter 2.50. Currently, the fines are established
at $100 for the first notice, $250 for the second notice, and $500 for any subsequent
notices.
With the proposed changes to the process, the fee charged for mural applications may
warrant a reduction. The fee for the application is currently $2,044, and is based on the
User Fee Study that was adopted by the City Council in July 2015. With elimination of
several steps from the approval process, staff recommends that the application fee be
reduced to $950.
f'Y
inn Fagg, AIC �`
Director of Planning Services
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David H. Ready, Esq.!PIM
City Manager
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
Attachments:
1. Draft Ordinance
2. City Council Minutes — Meeting of 05/07/14 (discussion of original ordinance)
03
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.
(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 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.
5.81.030 Procedure.
(a) Prior to any action by the PlaRning GeMMISSOOR Citv Council, the Applicant shall
send notice of such application to all property owners within 500 feet of the location of
2 August 2017
Page 1
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the mural at least 30 10 days prior to the PlaRRiRgGernmission Citv Council
consideration of the mural. No mural shall be permitted until the applicant has certified
that notification has been completed.
- Planning !-- •.
(s)Lb � The Planning Department Commission shall refer the app"GatiOR tO
may submit the application to the
Historic Site Preservation Board as necessary for input and comment on murals that are
Proposed for Class 1 historic sites.
(d)(c) The Planning Department shall submit the application to the Public Arts
Commission who shall provide input and comment to the City Council on the
appropriateness of the proposed art.
(e)Ld) The Planning Department shall submit the application to the City Council for final
approval.
5.81.040 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.
5.81.050 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 two
years. 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.
2 August 2017
Page 2
05
B. A mural may be removed within the first two years of the date of registration
under the following circumstances.
The property on which the mural is located is sold; or
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 two-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.
C. No part of a mural shall exceed the height of the structure to which it is tiled,
painted, or affixed.
D. 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.
E. 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).
F. No mural shall be placed on a lot that is improved with only one single-family
residential structure and accessory structures.
G. 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.
H. Digitally printed image murals shall receive approval of both the Fire Department
and Department of Building and Safety.
I. A mural shall not be created without the final authorization of the Palm Springs
City Council.
5.81.060 Penaltv.
Murals which are created and installed without prior authorization of the Citv Council are
considered a "per se" public nuisance pursuant to Chapter 11.72 of this code. and are
2 August 2017
Page 3 06 6
subiect to administrative citation in an amount of uo to $5,000. Citations may be
appealed to the administrative appeals board pursuant to Chanter 2.50 of this code.
Legend:
Underlined text is additive. s'- Gkep text is e.,,oyed
2 August 2017
Page 4 r �% r� `
6 PALM SA49
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v to
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204
EXCERPTS OF MINUTES
At the City Council meeting of the City of Palm Springs held May 7, 2014, the
City Council took the following action:
1.C. PROPOSED AMENDMENT TO THE PALM SPRINGS MUNICIPAL
CODE SECTION 93.20.00 AND 93.20.03 AND ADD CHAPTER 5.81
REGARDING THE REGULATION OF ORIGINAL ART MURALS AND
APPROVING A CEQA CATEGORICAL EXEMPTION (CASE 5.1335
ZTA):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the Staff Report dated May 7, 2014.
Councilmember Lewin requested Staff address the procedural and
proposed noticing requirements.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
KIMBERLEIGH FUNKEY, Palm Springs, provided background information
on the installation of a mural on their property, and requested the City
Council approve the proposed ordinance.
ANGELA VALENTE ROMEO, Palm Springs, stated the proposed
ordinance provided a distinction between signage and art, and requested
the City Council support the ordinance.
JOY BROWN MEREDITH, stated Mainstreet Palm Springs unanimously
voted to support the ordinance.
DEBRA MONK, stated her support for public art and requested the City
Council support the proposed ordinance.
No further speakers coming forward, the public hearing was closed.
City Council May 7, 2014 Page 2
Excerpts of Minutes
Mayor Pro Tern Hutcheson stated his support for the proposed ordinance,
and reiterated the need for a process with public input.
Councilmember Lewin stated the City needs to have a process to approve
murals and recommended the City Council modify the ordinance to require
a maximum of 10 murals in two different areas of the City, requested the
City Council modify the ordinance to require the mural be fixed to a
removable surface rather than the building exterior, and require a penalty
for non-compliance.
Councilmember Mills requested Staff address the involvement of the AAC,
the definition of the appropriateness for the art, requested the City Council
consider requiring the mural be submitted to the AAC for comment only
and not have the AAC have the ability to delay for restudy, requested Staff
address the 35 feet above grade, recommended the 35 feet above grade
be deleted, and requested a definition of maintenance and what is
expected.
Mayor Pougnet commented on the request for the mural to be on
removable material, and the process for the application must go to the
AAC for comment.
Councilmember Lewin requested the City Council modify the text in the
first sentence of Section 5.81.010(b) to read "The City may consider the
installation of murals, and at the same time wishes to prevent the
proliferation of off -site commercial signs."
Mayor Pro Tern Hutcheson stated the City should be flexible with murals
during the initial stages, stated he does not support a requirement for the
mural to be on a removal material and does not support a requirement for
limiting the number of murals in an area, stated his support for deleting the
height requirement, maintenance requirements, and AAC review for
comment.
Councilmember Mills commented on the description of maintenance and
requested the City Council include a requirement for a maintenance plan
be submitted and approved.
Councilmember Lewin stated he was in support of murals in the
community, but would be voting no on the proposed ordinance as it may
not address the problems the City may experience with murals.
ACTION: Waive the reading of the ordinance text in its entirety and read
by title only and introduce Ordinance No. 1853, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS
93.20.00 AND 93.20.03 OF, AND ADDING CHAPTER 5.81 TO, THE
09
City Council
Excerpts of Minutes
May 7, 2014
Page 3
PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION
OF ORIGINAL ART MURALS," amending the ordinance as follows: (i) the
first sentence of Section 5.81.010(b) to read 'The City may consider the
installation of murals and, at the same time wishes to prevent the
proliferation of off -site commercial signs,' (ii) Section 5.81.020(b) to be
appended 'The application shall include a maintenance plan be submitted
for review and approval," (iii) Section 5.81.030(c) to read `The Planning
Commission shall refer the application to the Architectural Advisory
Committee for comment, and may submit the application to the Historic
Site Preservation Board as necessary,' and (iv) Section 5.81.050(E)
regarding height is deleted.
Motion Mayor Pro Tern Hutcheson, seconded by Councilmember
Mills and carried 3-1 on a roll call vote.
AYES: Councilmember Mills
Mayor Pougnet
NOES: Councilmember Lewin
ABSENT: Councilmember Foat
Mayor Pro Tern Hutcheson, and
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify
that the above action took place at a regular meeting of the City Council held on the 7t
day of MAY, 2014.
�
Kathleen D. Hart, MMC
Chief Deputy City Clerk
10
AGUA CALIENTE
TRIBAL PLANNING & DEVELOPMENT
BAND OF CAHUILLA INDIANS
SEP 2 6 2011
September 26, 2017
HAND DELIVERED
Mayor Robert Moon and City Council
CITY OF PALM SPRINGS
3200 Tahquitz Canyon Way
Palm Springs, California 92262
RE: Preliminary Design Plans for the Indian Canyon Drive Two -Way Conversion
Project
Dear Mayor and City Council,
The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above
referenced project at its meeting of September 26, 2017, and recommends approval of
the preliminary design plans to the City with the following comments:
1. The proposed medians should be removed;
2. Curb extensions should be added to all corridor intersections, where feasible,
and that they should be extended to include the intersecting cross streets where
there is on -street parking; and
3. Recommend the roundabout option for the intersection of Indian Canyon Drive,
South Palm Canyon Drive, and Camino Parocela.
Please contact me should you have any questions at 760-883-1326.
Very truly yours,
Margaret E. Park, AICP
Director of Planning & Natural Resources
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
M P/d m
C: Tribal Council
Tom Davis, Chief Planning & Development Officer
Marcus Fuller, Assistant City Manger, City of Palm Springs
x�
5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264
T 760/699/6800 F 7 6 0 / 6 9 9 / 6 8 2 3 WWW.AGUACALIENTE-NSN.GOV