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HomeMy WebLinkAboutCC Resolution 10307 (Pickleweed CS Mural)RESOLUTION NO. 10307 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION OF AUGUST 11, 1998 GRANTING CONDITIONAL APPROVAL OF ENVIRONMENTAL AND DESIGN REVIEW PERMIT ED98-69 FOR THE INSTALLATION OF A NEW MURAL ON THE PICKLEWEED COMMUNITY CENTER BUILDING LOCATED AT 50 CANAL STREET (APN 09-032-07) WHEREAS, on August 11, 1998 the City of San Rafael Planning Commission held a duly noticed Public Hearing on the consideration of Environmental and Design Review Permit application ED98-69, accepted public testimony and the written report of the Planning Division staff and voted to approve (4-0; Batman, O'Brien and Williams absent) the proposed artwork to be installed on the west elevation of the Pickleweed Community Center located at 50 Canal Street; and WHEREAS, Terry Hermone and Warren Lee Weisenburg appealed the Planning Commission's decision in a letter received by the City Clerk on August 18, 1998; and WHEREAS, subject project is Categorically Exempt (Section 15301, Class 1 "Existing Facilities" from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, public notice of the public hearing to review the appeal of the Planning Commission's August 11, 1998 approval of the artwork was mailed to property owners within 300 feet of the site, in addition to several homeowner associations in the vicinity and community groups; and WHEREAS, the City Council considered the appeal at a duly noticed public hearing on September 8, 1998 and received and reviewed the staff report and public testimony on this item from all interested parties. NOW, THEREFORE, BE IT RESOLVED, the City Council hereby denies the appeal of the Planning Commission's decision, thus upholding the Planning Commission's approval of an Environmental and Design Review Permit, ED98-69, for the installation of a new mural to be installed on the Pickleweed Community Center building subject to the Conditions attached as Exhibit A. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the San Rafael City Council hereby makes the following determinations and findings related to the points of the appeal: 1. The review process for the artwork was conducted in an appropriate manner. Notices were sent out in conformance with adopted hearing procedures. 2. The Planning Commission made the proper determination that the proposed installation of artwork on the west elevation of the Pickleweed Community Building does not have a significant effect on the environment and an Environmental Impact Report (EIR) is not required. Furthermore, the Planning Commission correctly determined that the subject application is considered a Class 1 "Existing Facilities" (Section 15301) Categorical Exemption under the requirements of the California Environmental Quality Act. 3. The joint Planning Commission and Cultural Affairs meeting on August 11, 1998 was properly noticed to surrounding property owners within 300 feet of the subject site, surrounding homeowner associations, and community groups. 4. The determination by the Planning Commission to locate the proposed artwork on the west elevation of the Pickleweed Community Building is appropriate and will not negatively affect the surrounding residential neighborhood and community. 5. The artwork is treated with a waterproof material that resists water penetration. It is recognized that the artwork will require maintenance on an as needed basis to protect it from the sun and weather impacts. If the artwork becomes damaged, it can be repaired or removed from the exterior building wall. 6. The artwork accurately and positively depicts individuals and cultural groups that live in the canal community. 7. The artwork is of high quality, instills a sense of community pride and sends a positive message of the diversity of the surrounding canal community. 8. The display of the artwork will not result in a negative image of the surrounding canal community. 9. The integrity of the wall where the artwork is to be installed will not be compromised due to proper installation and maintenance of the artwork. 10. If the artwork becomes vandalized, or damaged by weathering, it will be repaired or if deemed necessary by staff, it can be removed from the exterior of the building. BE IT FURTHER RESOLVED, that the City Council denies the appeal and re -adopts the following findings of the Planning Commission: The project is Categorically Exempt per Section 15301 (Existing Facilities) of the California Environmental Quality Act and therefore will not create any significant adverse impacts on the environment. 2. The Environmental and Design Review Permit application conforms to the design standards established in the City of San Rafael General Plan 2000. 3. As conditioned, the establishment and maintenance of the artwork will not under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons in the neighborhood. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday, the eighth day of September, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and vice -Mayor Phillips NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JEAN/� . . LEONCINI, City Clerk 11: CONDITIONS OF APPROVAL 1. The mural shall be installed as presented to the Planning Commission and Cultural Affairs Commission on August 11, 1998. 2. Community Services staff shall monitor the condition of the mural. 3. The artist agrees to maintain the mural for the duration of its exhibition. 4. Community Services staff and the artist shall jointly decide if the mural is to be removed due to deterioration from the elements, vandalism or other cause. 5. The Park and Recreation Commission shall review the mural six months after installation and determine to continue or discontinue the exhibit, based upon the condition of the mural, its impact on the Community Center, Pickleweed Park and the surrounding neighborhood.