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HomeMy WebLinkAbout6/4/2014 - STAFF REPORTS - 2.D. �OQ PAtM 3 A4 iy c u v, <f faro1.It City Council Staff Report CQ FO RN,P DATE: May 21, 2014 CONSENT CALENDAR SUBJECT: ADOPT ORDINANCE NO. 1853, 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): FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider the adoption of Ordinance No. 1853, regarding original art murals. RECOMMENDATION: Waive the reading of the ordinance text and adopt by title only, 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 PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION OF ORIGINAL ART MURALS." STAFF ANALYSIS: 2.D. REINTRODUCTION OF ORDINANCE NO. 1853, 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): ACTION: Waive the reading of the ordinance text in its entirety and re-introduce by title only, 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 PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION OF ORIGINAL ART MURALS." Motion Councilmember Mills, seconded by Mayor Pougnet and carried 3-2 on a roll call vote. Item No. 2 o D e ADOPTION OF ORDINANCE NO. 1853 June 4, 2014 Page 2 of 2 AYES: Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Foat and Councilmember Lewin. d� es Thompson David H. Ready, Es . City Clerk City Manager /kd h Attachment: Ordinance No. 1853 02 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 PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION OF ORIGINAL ART MURALS. City Attorney Summary Currently the Palm Springs Municipal Code does not differentiate murals from signage. This Ordinance establishes and definition for murals and establishes a process for approving original art murals on private property including their maintenance and lifespan. The City Council of the City of Palm Springs finds: A. Pursuant to CEQA, the City Council determines the proposed Zone Text Amendment (Case 5.1335 ZTA) is Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality Act, because the proposed Zone Text Amendment proposes only insignificant changes to the title and provides for new definitions of signs and murals. B. The Zone Text Amendment is consistent with the intent of the Zoning Code, because, according to Section 91.00.00, the Zoning Code is adopted "for the purpose of promoting and protecting the public health, safety and welfare of the people of the city of Palm Springs and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources . . .;" and the amendment proposes to add a definition for murals. C. The Zone Text Amendment is consistent with the intent of the General Plan, because, the General Plan goals include: 1. Convey a positive image through the use of attractive and well- designed public and private informational signage. 2. Create active, vibrant and attractive gathering places. 3. Encourage a varied collection of public art murals that add to the charm and character of the City. The City Council of the City of Palm Springs ordains: SECTION 1. Paragraph 19 of Section 93.20.03 of the Palm Springs Municipal Code is amended by adding a definition of"mural' as follows: 19. "Mural' means a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence, distinguished from signage in that it 03 Ordinance No. 1853 Page 2 does not advertise a business, commercial endeavor, or product sold or offered on the site or off-site. SECTION 2. Existing Paragraphs 19 through 30 of Section 93.20.00 of the Palm Springs Municipal Code are renumbered as Paragraphs 20 through 31. SECTION 3. Paragraph 27.b of Section 93.20.03 of the Palm Springs Municipal Code is added to read: b. This definition shall not include murals as reviewed and approved by the City Council pursuant to Chapter 5.81 of this Code. SECTION 4. Chapter 5.81 is added to the Palm Springs Municipal Code to read: Chapter 5.81 ART MURALS ON PRIVATE PROPERTY 5.81.010 Purpose. 5.81.020 Permit Required. 5.81.030 Procedure. 5.81.040 Requirements. 5.81.050 Regulations. 5.81.010 Purpose. a This Chapter is intended to enact a process and procedures for the installation of O P p 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. 04 Ordinance No. 1853 Page 3 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 Mural Application Permit Fee, as established by resolution of the City Council. I 5.81.030 Procedure. (a) Prior to any action by the Planning Commission, the Applicant shall send notice of such application to all property owners within one-half mile of the location of the mural at least 30-days prior to the Planning Commission consideration of the mural. No mural shall be permitted until the applicant has certified that notification has been completed. (b) The Planning Department shall submit the application to the Planning Commission for review as to the compatibility of the proposed mural in the location and on the specific structure the mural is proposed, and all other applicable requirements of the Zoning Code. (c) 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. (d) The Planning Department shall submit the application to the Public Arts Commission who shall provide input and comment on the appropriateness of the proposed art. (e) 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 05 Ordinance No. 1853 Page 4 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. B. 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 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 06 Ordinance No. 1853 Page 5 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. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 21ST DAY OF MAY, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 07 Ordinance No. 1853 Page 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and introduced by the City Council at a regular meeting held May 7, 2014, and adopted at a regular meeting of the City Council held on the May 21, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 09 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: June 4, 2014 Subject: Ordinance No. 1853 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on June 15, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. IL"Mo Kathie Hart, CIVIC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary 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 June 17, 2014. I declare under penalty of perjury that the foregoing is true and correct. ��"�' Kathie Hart, CIVIC Chief Deputy City Clerk The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 LJ � , State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000438302 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared 1 in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 6/15/2014 NO:992 ORDINANCE No.1863 TAN ORDINANCE OF THE CITY OF PALM ION59�3• CALIFORNIA AMENDING CHAPTEH5300 TO 93TM-2803OF ANDADDNG NICIPAL CODE Fitz PALM ING THE INGS Mu, TIONOF ORIGINAL ART MURALS. REGULA- I acknowledge that I am a principal clerk of the printer of CCuurrently me Palm a al cone d The Desert Sun, printed and published weekly in the City nan differentiate murals hgam i p oes establishes and deBrle. r�mThiissOr E of Palm Springs, County of Riverside, Stale of California. eestablliishe a Pr"W f a lkn !n Original an The Desert Sun was adjudicated a newspaper of general narNe and Ploy an.prWa; ding their circulation on March 24, 1988 by the Superior Court of the CERTIFICATION County of Riverside, State of California Case No. STATE OF CALIFORNIA 191236. c°iTUY OF PALM SPRINGS J y C se. Haim Springs,C81JAMES 10om4 of h Clark cd thety m4�0Of I declare under penalty of perjury that the foregoing is true dine b an tl i mroduced by�thelC'true eM ro. t WPY. and correct. Executed o 's 15th day of June, 2014 in meefing held May 7 201 ,C,ncil at a no tar ' IBe9ular meth pM(ay p1 2014Waany�aped Palm Springs,Cal' ia. June 4,201q,by me foil owing vote Wncil held on AYES: Hulchesoraimber Mas•Mayor Pro Tom NOES: C0mciiarr, edr Mayor�nst. and ABSENT: Nana. mornber Lewin. ABSTAIN: None. JAMESTHOMPSON CITY CLERK Declaran Si o1P SP ng%Catoomia, 9 Pubnahed IVISM4 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 PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION OF ORIGINAL ART MURALS. City Attomey Summary Currently the Palm Springs Municipal Code does not differentiate murals from signage. This Ordinance establishes and definition for murals and establishes a process for approving original art murals on private property including their maintenance and lifespan. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1853 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held May 7, 2014, re-introduced at the regular meeting held May 21, 2014, and adopted at a regular meeting of the City Council held on June 4, 2014, by the following vote: AYES: Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Foat, and Councilmember Lewin. ABSENT: None. ABSTAIN: None. G ES THOMPSON, CITY CLERK City of Palm Springs, California 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 PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION OF ORIGINAL ART MURALS. City Attorney Summary Currently the Palm Springs Municipal Code does not differentiate murals from signage. This Ordinance establishes and definition for murals and establishes a process for approving original art murals on private property including their maintenance and lifespan. The City Council of the City of Palm Springs finds: A. Pursuant to CEQA, the City Council determines the proposed Zone Text Amendment (Case 5.1335 ZTA) is Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality Act, because the proposed Zone Text Amendment proposes only insignificant changes to the title and provides for new definitions of signs and murals. B. The Zone Text Amendment is consistent with the intent of the Zoning Code, because, according to Section 91.00.00, the Zoning Code is adopted "for the purpose of promoting and protecting the public health, safety and welfare of the people of the city of Palm Springs and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources . . .;" and the amendment proposes to add a definition for murals. C. The Zone Text Amendment is consistent with the intent of the General Plan, because, the General Plan goals include: 1. Convey a positive image through the use of attractive and well- designed public and private informational signage. 2. Create active, vibrant and attractive gathering places. 3. Encourage a varied collection of public art murals that add to the charm and character of the City. The City Council of the City of Palm Springs ordains: SECTION 1. Paragraph 19 of Section 93.20.03 of the Palm Springs Municipal Code is amended by adding a definition of"mural' as follows: 19. "Mural' means a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence, distinguished from signage in that it Ordinance No. 1853 Page 2 does not advertise a business, commercial endeavor, or product sold or offered on the site or off-site. SECTION 2. Existing Paragraphs 19 through 30 of Section 93.20.00 of the Palm Springs Municipal Code are renumbered as Paragraphs 20 through 31. SECTION 3. Paragraph 27.b of Section 93.20.03 of the Palm Springs Municipal Code is added to read: b. This definition shall not include murals as reviewed and approved by the City Council pursuant to Chapter 5.81 of this Code. SECTION 4. Chapter 5.81 is added to the Palm Springs Municipal Code to read: Chapter 5.81 ART MURALS ON PRIVATE PROPERTY 5.81.010 Purpose. 5.81.020 Permit Required. 5.81.030 Procedure. 5.81.040 Requirements. 5.81.050 Regulations. 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. Ordinance No. 1853 Page 3 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 Planning Commission, the Applicant shall send notice of such application to all property owners within 500 feet of the location of the mural at least 30-days prior to the Planning Commission consideration of the mural. No mural shall be permitted until the applicant has certified that notification has been completed. (b) The Planning Department shall submit the application to the Planning Commission for review as to the compatibility of the proposed mural in the location and on the specific structure the mural is proposed, and all other applicable requirements of the Zoning Code. (c) 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. (d) The Planning Department shall submit the application to the Public Arts Commission who shall provide input and comment on the appropriateness of the proposed art. (e) 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. Ordinance No. 1853 Page 4 (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. B. 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 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). Ordinance No. 1853 Page 5 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. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 4T" DAY OF JUNE, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1853 Page 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1853 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held May 7, 2014, re-introduced at the regular meeting held May 21, 2014, and adopted at a regular meeting of the City Council held on this 4t' day of June, 2014, by the following vote: AYES: Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Foat, and Councilmember Lewin. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California