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City Council Staff Report
DATE: May 21, 2014 CONSENT CALENDAR
SUBJECT: 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):
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider the re-introduction of Ordinance No. 1853, regarding
original art murals.
RECOMMENDATION:
Waive the reading of the ordinance text 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."
STAFF ANALYSIS:
On May 7, 2014, Ordinance No. 1853 was introduced for first reading, as noted below:
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 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
Item No. 2 . D .
ADOPTION OF ORDINANCE NO. 1853
May 21, 2014
Page 2 of 2
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 Pro Tern Hutcheson, and Mayor Pougnet.
NOES: Councilmember Lewin.
ABSENT: Councilmember Foat.
Subsequent to the introduction the City received a request to review the definition of
murals as contained in the ordinance. The Director of Planning Services has reviewed
the definition and recommends the City Council consider re-introducing the ordinance
with a revised definition, to ensure the application does not apply to single family
residential.
Definition of mural as introduced:
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 does not
advertise a business, commercial endeavor, or product sold or offered on the site or off-
site.
Proposed revised definition:
19. "Mural' means a painting or artwork temporarily or permanently affixed to a
building wall, freestanding wall, or fence, on a commercial, industrial, or multi-family
building, visible to a public right of way distinguished from signage in that it does not
advertise a business, commercial endeavor, or product sold or offered on the site or off-
site.
mes Thompson David H. Ready, Esq., Ph.
City Clerk City Manager
lkdh
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, on a commercial, industrial, or multi-
family building, visible to a public right of way 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
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, w4he +^ eneGu.,^^ +ti^
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 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 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 may shall refer the application to the Architectural
Advisory Committee for comment, and may submit the applicationer 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.
No part of a rrm ral shall a eed- a height of 35 feet above grade
E. No mural may consist of, or contain, electrical or mechanical components,
or changing images (moving structural elements, flashing or sequential lights, lighting
06
Ordinance No. 1853
Page 5
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).
GF. 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.
IH. Digitally printed image murals shall receive approval of both the Fire
Department and Department of Building and Safety.
dl. 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
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, re-introduced at the regular
meeting held May 21, 2014, and adopted at a regular meeting of the City Council held
on the June 4, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
08
Jay Thompson
From: Jay Thompson
Sent: Wednesday, May 14, 2014 9:11 PM
To: Jay Thompson
Subject: FW: murals
Attachments: Letter to Council on Murals.docx
From: Ray Kennedy
Sent: Wednesday, May 07, 2014 b:4i rm
To: Rick Hutcheson
Subject: Unintended consequences
Rick,
I'm watching (from Fiji) the Council discussion on the mural ordinance and had thought
that my concerns were going to be relayed to Council by mutual friends, but I sense
they were not and so take this opportunity to share some thoughts on potential
unintended consequences of the ordinance.
Thanks for your attention in this matter!
Ray
09
Dear Council Members,
While I understand your desire to regulate murals in Palm Springs, I do not believe that the
proposed ordinance to be considered under item 1 C of the agenda for the May 7, 2014 Council
meeting is well drafted, thus possibly leading to unintended consequences. As a result, I strongly
urge you to reject it unless and until it is amended to eliminate these unintended consequences.
The most fundamental problem seems to be in the definition of a mural. Webster's (at m-w.com)
defines a mural as "a usually large painting that is done directly on the surface of a wall."
The proposed ordinance defines a mural as "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."
In focusing its effort on distinguishing a mural from a sign, Council seems to have lost sight of
the distinction between the common understanding of a mural, as reflected in the dictionary
definition, and other things that might end up being considered "murals"under the definition in
the proposed ordinance.
There is also no limitation in the proposed definition to restrict the application of the definition to
surfaces that are generally and easily viewable by the public.
My sense is that many residents of Palm Springs have adomed the exterior walls of their homes
or the inside walls of their properties with various types of artwork that are temporarily affixed to
those walls. Yet the ordinance's definition of a"mural" as "a painting or artwork temporarily or
permanently affixed to a building wall,freestanding wall, or fence" would suddenly throw these
adornments into the classification of"mural" and subject them to a number of restrictions or
prohibitions:
• Application to be submitted to the Planning Department along with payment of a permit fee
• Planning Department to submit applications to the Public Arts Commission for input
• Council to approve
• "Prior to the Planning Commission taking any action on a proposed mural, the applicant
would be required to notify property owners within one-half mile of the site."
• "A mural shall remain in place, without alteration, for a minimum period of two years."
• "No mural shall be placed on a lot that is improved with only one single-family residential
structure and accessory structures."
The ordinance would even seem to prohibit the owner of a private home from decorating the
interior wall of their own property with a mural even under the Webster's definition.
Is this what the Council intended? I hope not and again urge you to reject the proposed
ordinance unless and until it is amended to eliminate these unintended consequences.
10
Jay Thompson
From: Ray Kennedy <j_ray_kennedy@yahoo.com>
Sent: Saturday, May 17, 2014 2:34 PM r
To: Jay Thompson
Subject: Murals
Jay,
I was surprised to see my e-mail as part of the agenda materials, but I'm happy to see
that Council is looking at the concerns that I raised.
At this point, given the new definition, it would seem to me that this is no longer
needed:
F. No mural shall be placed on a lot that is improved with only one single- family residential
structure and accessory structures.
Note also the typo in the Citty Attorney summary:
"This Ordinance establishes and definition formurals...."should read
"This Ordinance establishes a definition for murals...."
Best wishes,
Ray