HomeMy WebLinkAboutCD Public Arts Projects____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: February 16, 2021
Disposition: Accepted report X Passed to print Ordinance No. 1991
Agenda Item No: 6.b
Meeting Date: February 16, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Alicia Giudice (TS, TW)
Planning Manager
City Manager Approval: ______________
TOPIC: PUBLIC ART PROJECTS
SUBJECT: 1. INFORMATIONAL REPORT PROVIDING AN UPDATE REGARDING PUBLIC ART
PROJECTS IN TERRA LINDA AND CANAL NEIGHBORHOODS
2.INTRODUCTION OF ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE
(SRMC) SECTION 14.25.040 EXEMPTING FROM ENVIRONMENTAL AND DESIGN
REVIEW ANY PUBLIC ART PROJECTS THAT UNDERGO REVIEW THROUGH A
SEPARATE REVIEW PROCESS ESTABLISHED BY THE CITY FOR THAT PURPOSE;
FILE NO. ZO21-002
BACKGROUND:
Informational report on proposed public art projects
Two local community groups have come together this past year to work on proposing public art projects
in the city. The City has since received two requests for public art projects in San Rafael. These projects
are shown in Table 1 and described below:
Proposed
Project
Group proposal
was brought by
Who is involved in the group Proposed
location
Terra Linda
Public Art
San Rafael Social
Justice Community
Art Group
Youth in Arts, San Rafael community
members
Arbor Park
(Freitas & Las
Gallinas)
Canal Mural Canal Arts Initiative Canal Alliance, SR Chamber of
Commerce, Artworks Downtown, Marin
Society of Artists, Storek
Studio/Architecture
3301 Kerner
Blvd
Table 1 - Proposed Public Arts Projects
Terra Linda Public Art: The San Rafael Social Justice Community Art Group came together in fall 2020
in response to the chalk art mural created at the intersection of Manuel T. Freitas Parkway and Las
Gallinas Avenue over the summer of 2020. The chalk mural, honoring the life of Breonna Taylor, was
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
removed per City policy to keep public property clear of markings. The group is comprised of 11 arts and
community members who live and work in San Rafael. In addition, the group partnered with Youth in
Arts, a San Rafael based non-profit to provide expertise, fundraising, and a youth component to the
project. The project’s focus is on creating art that includes a positive message to celebrate the core
themes of JEDI – Justice, Equity, Diversity, and Inclusion through the lens of a Marin-based black,
Indigenous and people of color (BIPOC) perspective.
In addition, the group aims to demonstrate that art is a representation of the collective community, and
that the community can come together to heal, learn, and feel hope and unity. To that end, the creation
of the art piece itself proposes to have an educational and awareness building experience “baked in” for
the community.
The group identified Arbor Park, a small parkette at the southwest corner of the intersection of Manuel T.
Freitas Parkway and Las Gallinas Avenue as a potential location for the artwork. This location is close in
proximity to the chalk art mural and is owned by the City of San Rafael.
A Call for Artists (Attachment 2) was issued by the group on January 15, 2021 with applications due on
March 1, 2021. The type and medium of the art were deliberately left open in the Call for Artists so as to
allow for a wide range of artistic expressions.
Canal Mural: The Canal Arts Initiative is a group of local volunteers and both arts organizations and
community-based organizations that serve the Canal neighborhood. The goal of the Initiative centers
around a three-pronged mission:
1. First, with City support, an alliance of businesses and building owners, community organizations,
citizens and artists bring visible transformation to the Canal, expressing its colorful mix of cultures.
2. Promote the use of color on buildings. A wall or an entire building, simply repainted with a lively
palette, can make an engaging difference at little cost.
3. A public art program for the Canal would include participatory education elements throughout its
conception and creation, with an emphasis on history and meaning, and reflection on its impact.
The group has secured a grant from the California Arts Council to achieve the first major installation of
color and art in Canal: the installation of a large, colorful mural in the Canal neighborhood.
The group identified the office building at 3301 Kerner as a perfect location for the mural, as the visible
entryway into the neighborhood. The group has been working extensively with the Canal community,
including collaborating with Canal Alliance, as well as local arts organizations listed above to ensure the
artistic concept for the mural is a community-driven process.
Currently, the Canal Arts Initiative has selected artists that will work on the mural at 3301 Kerner Blvd.
and engaged with County staff that manage the facility. The building was purchased by the County in fall
2020 as a part of the State-funded Project Homekey program.
Review Process – Pilot Public Arts Program
To facilitate a path for reviewing public arts projects such as the ones described above, the City has
created a pilot public arts program. The goal of the pilot public art program is to explore an alternative
process for public art and to create an advisory group to review and provide feedback to the City Council
on proposed public art projects in San Rafael. The Pilot Public Art Advisory Group will include local
community arts representatives, a member each of the Planning Commission and the Design Review
Board, and a representative who has diversity, equity & inclusion expertise.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Depending on the location (public or private property) of the proposed art, ad-hoc members may be
added to the Pilot Public Art Advisory Group at the discretion and direction of City management. For
example, if the project is proposed to be installed in a City park, a member of the Parks & Recreation
Commission will join for the review of that project as an ad-hoc member. All Pilot Public Art Advisory
Group meetings will be open to the members of the public to attend and provide feedback.
The Pilot Public Art Advisory Group is an advisory body only, not an approving authority. After review
by the Advisory Group, any proposed public art projects will then be presented to the City Council for
approval. The Pilot Public Art programs will run through 2021 and staff will evaluate the process and
return to the City Council in early 2022 with an update and recommendations for potential modifications
to the process and possibly adopting a formal public arts program.
In spring 2021, the Pilot Public Arts Advisory group will convene to review both of the proposed public art
projects.
Proposed Amendments to the San Rafael Municipal Code Section 14.25.040
Currently the San Rafael Municipal Code classifies murals and mural signs on private property as “major
physical improvements” that require Environmental and Design Review. This type of review requires a
recommendation by the Design Review Board and a consideration and approval by the Planning
Commission. This process can take up to six months and would require extensive staff and applicant
time in coordination and preparation of reports. The current process is burdensome for arts groups who
may lack the time and resources and has likely discouraged prospective public mural art projects from
happening in San Rafael.
The above described pilot program is meant to minimize barriers to such projects and to provide a unified
process for review of public art projects on both public and private property within the City. To achieve
this goal, an amendment to the San Rafael Municipal Code, (SRMC) Section 14.25.040 is needed, to
exempt from Environmental and Design Review any public art installations on private property approved
through a City-established public art program. That same section would define “public art” as: “all forms
of art including, but not limited to: sculptures, murals, mosaics, and fountains, which are located on the
exterior of a publicly owned facility or on a privately-owned property when such artwork is placed in a
location intended to be visible to the general public.”
The proposed ordinance amending portions of SRMC section 14.25.040 is attached to this report
(Attachment 1).
ANALYSIS:
As discussed in the background section, the proposed amendments would exempt certain public art
projects from going through an expensive and lengthy major environmental design review process. The
amendments would also provide an alternate pilot process that applicants would go through for project
requests involving installation of public art.
The proposed amendments to the San Rafael Municipal Code, as well as the alternative pilot review
process, have been evaluated for consistency with General Plan 2020 and Draft General Plan 2040. Both
contain specific policies that support art in public places. General Plan Policy CA-3-Cultural and Arts
Programs and Activities encourages opportunities for both public and private cultural arts programs and
activities addressing the needs and interests of the whole community. In addition, the proposed
amendment is consistent with policy CA-6 - Community Art which states:
“Encourage community art projects that create a greater understanding and appreciation of art
and artists through community involvement.”
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
While General Plan 2040 (GP2040) has not yet been adopted, a draft has been released for public review
and has received Planning Commission consideration. The proposed amendments are consistent with a
number of proposed policies in Draft GP2040:
Policy AC-1.2: Arts Programming
Encourage and support an array of cultural arts programs and activities addressing the needs
and interests of the whole community.
Policy AC-1.4: Inclusive Activities
Encourage activities, entertainment and events that reflect San Rafael’s diverse cultural heritage
and population. Programming should be inclusive of all ages, ethnicities, genders, abilities, and
socio-economic groups. Participation in the arts should be supported as a way to promote
intercultural understanding, and to bridge differences and forge unity. All residents should have
access to arts and cultural activities.
Policy AC-1.5: Public Art
Promote a stimulating and engaging environment through the greater display of public art,
including both temporary and permanent works. Locations throughout the city should be
considered.
Program AC-1.5A: Art in Public Places. Evaluate the feasibility of an Art in Public Places
Ordinance (or “percent for art” program) that would establish a funding source and/or
mechanism for increasing public art. Strive for solutions that maximize flexibility in the way
funds are collected and used.
Program AC-1.5B: Community-Based Outdoor Art Installations. Support participatory
public art projects that engage the community, such as murals, 3D art, and street painting.
Such projects should foster a greater understanding of local cultures, arts, and history and
provide an opportunity to express neighborhood identity.
Policy AC-1.8: Arts and the Local Economy
Recognize the value of the arts to the economy of the city, and the role of the arts in community
revitalization.
Policy AC-1.9: Arts-Supportive Environment
Create an environment that is supportive to arts professionals
Many of the policies mentioned above are focused on supporting public art events and programs in San
Rafael. The proposed amendments to the San Rafael Municipal Code emphasize the City’s commitment
and celebration of the arts in our community.
While the proposed amendments allow an exception to formal design review, it is important to note that
the City would still require all proposals for public art to go through a public review process. An opportunity
for review, input and direct feedback from San Rafael’s art and business communities, as well as
members of the public, is critical to supporting the City’s intent of bring community-supported art to
publicly visible spaces.
Community Outreach
Community outreach has been conducted and will continue for both proposed public art projects, as well
as the proposed ordinance amendments.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Updates regarding the Terra Linda Public Art project have been posted on the City’s webpage over the
last few months and through signage at the site. The webpage includes a form where members of the
public can provide their feedback and also subscribe for updates regarding the proposed project. In
addition to the webpage, information regarding the purpose of the project and a “Call for Artists” has been
promoted through the community starting in January 2021. The project was shared with local art groups
including Artworks Downtown, the Marin Society of Arts, and the County of Marin’s Cultural Services
division. The project was also shared with local youth and student groups including Youth in Arts,
Dominican University, and the Marin City Arts and Culture. Furthermore, the project was promoted on
the City’s social media platforms including, Facebook, Instagram, Nextdoor, and Twitter. The group also
set up an email address to receive feedback from the community and has been monitoring and
responding regularly to inquiries.
The Canal Arts Initiative is a coalition of artists and organizations that first convened in fall 2020 intent
on finding ways to bring more public art to East San Rafael and the Canal. The group is led by Rich
Storek of Storek Studio/Architecture and includes representatives from a broad group of both Canal and
arts-focuses organizations in San Rafael; including the Canal Alliance, SR Chamber of Commerce, Marin
Cultural Services Department, Dominican University, Art Works Downtown, Marin Open Studios, Marin
Society of Artists and others.
In fall 2020 the Canal Arts Initiative secured a grant from the California Arts Council for the installation of
a public art mural in the Canal neighborhood at 3301 Kerner Blvd. The group has selected two lead artists
for the project and has set up a “community review group” to work with the artists over the next few
months to ensure the mural is representative of what the Canal community wants to see in a public art
project. The community review group is made up of members of the Canal Alliance and the Canal-based
Parents Services Project.
The proposed ordinance amendments were noticed in the Marin Independent Journal and notices were
sent to residents and businesses within 300 feet of the proposed project sites at Arbor Park and in the
Canal neighborhood. Signs were also posted at these sites with additional information regarding the
upcoming public hearing.
FISCAL IMPACT: The proposed amendments to the San Rafael Municipal Code will likely result in a
minor loss of General Fund revenue for the Community Development Department. Current code requires
public art to be submitted as an application for Major Physical Improvements requiring Design Review
and Planning Commission review, which carries a deposit-based fee of $8,523:
However, the impact to revenues is likely to be minimal due to the temporary nature of the pilot
program. Furthermore, in order to support the City’s mission of bringing more art to public spaces as
set forth in the General Plan, staff recommends removing the fiscal barrier which may disincentivize
public art projects from coming forward.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Staff recommends not assessing a fee for proposed projects undergoing the new, pilot public art
approval process.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Pass the ordinance to print and accept the informational report;
2. Pass the ordinance to print with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDATION:
1. Accept the informational report on proposed public art projects in San Rafael.
2. Pass Ordinance to print adopting the proposed amendments to the San Rafael Municipal Code.
ATTACHMENTS:
1. San Rafael Social Justice Community Art Group Purpose and Call for Artists
2. Canal Arts Initiative 3301 Kerner Mural Project Outline
3. Ordinance Amending San Rafael Municipal Code Section 14.25.040 Exempting from
Environmental and Design Review Any Public Art Projects, Including Murals, That Undergo
Review Through a Separate Review Process Established by the City for That Purpose
LORENZO JONES CONSULTING AND COACHING GROUP
Lorenzo Jones Consulting and Coaching Group
2173 E. Francisco Blvd. Suite B
San Rafael, Ca. 94901 415-652-7627
lorenzo@lorenzojones.net
www.lorenzojones.net
San Rafael Social Justice Community Art Group Project
Purpose, Goals & Call for Artists
GROUP PURPOSE
The San Rafael Social Justice Community Art Group formed in October 2020 and is comprised of arts and
community advocates who live and/or work in the City of San Rafael. The group wanted to find a way to
support the social justice messaging which was embedded in the chalk art mural created over the
Summer of 2020 honoring Breonna Taylor’s life at the intersection of Las Gallinas and Freitas Parkway.
The mural was removed as the City’s policy is to keep public property clear of markings of any kind1. The
City and members of the community group have been working together toward the common goal of
creating a publicly sanctioned art piece in Terra Linda, in the same vicinity and theme as the original
mural.
GROUP GOALS
The community groups’ goals are to:
• Co-create, along with the City of San Rafael, a user-friendly, expeditious pilot process for
approving public art projects on City owned property. This project will serve as a pilot, which will
inform a future Public Arts program for the City of San Rafael.
• Shepherd a social justice public art proposal through this pilot process and see the project
through its installation.
PROJECT GOALS
• The art installation will create a positive message to celebrate the core themes of JEDI – Justice,
Equity, Diversity, and Inclusion through the lens of a Marin-based black, Indigenous and people
of color (BIPOC) perspective.
• The impact of the art installation will demonstrate that art is a representation of the collective
community, and that the community can come together to heal, learn, and feel hope and unity.
To that end, the creation of the art piece itself will have an educational and awareness building
experience “baked in” for the community.
ART MEDIUM
• Depending on the artist interpretation, the medium may consist of a mural, sculpture, and/or
permanent canvas. The installation must be able to be moved to an alternative location at a
future date.
ARTIST ELIGIBILITY
The Call for Artists is open to all San Rafael and surrounding Marin County community adult and
student practicing artists. Priority will be given to San Rafael -based artists and to those who identify as
1 The policy specifically states to keep public property clear of markings of any kind or design which are marked, etched,
written, drawn, painted, stuck or otherwise applied to or on any surface of any public or private property without the
consent of the owner of that property.
LORENZO JONES CONSULTING AND COACHING GROUP
Lorenzo Jones Consulting and Coaching Group
2173 E. Francisco Blvd. Suite B
San Rafael, Ca. 94901 415-652-7627
lorenzo@lorenzojones.net
www.lorenzojones.net
a BIPOC individual. All entries must be an original design and artwork of the entrant and must be
suitable for viewing by all ages.
APPLICATION/PROPOSAL PROCESS FOR ARTISTS
Artists are to complete and submit their proposals by February 15, 2021 to
srcommunityart@gmail.com. If you have any questions about this project or the application/proposal
requirements, please submit them in writing to the Group at the email address above.
Artists are required to submit proposals which include the following elements:
a. First and Last Name
b. Mailing Address
c. Phone Number and Email Address
d. What is your affiliation with San Rafael (live, work, other?)
e. Experience or work related with youth arts and/or arts education. (This is not a
requirement, but any previous experience should be listed and is preferred)
f. Describe how you and your art will create a positive message of racial diversity, equity
and inclusion through the lens of a Marin-based black, Indigenous and people of color
(BIPOC) artist.
g. Why do you want to participate in this project and what makes your work standout from
others?
h. In detail, describe the type/medium and size of your proposed of your artwork. How will
the artwork be created and what similar experiences do you have creating similar art?
i. Include pictures of past artwork.
j. Estimated time and cost to construct artwork.
k. Describe how you will install the art such that it can be moved at a future date.
l. Attach a mock-up image and/or rendering of proposed artwork design(s).
m. Confirm you are available to complete the art installation in the Spring 2021.
BUDGET FOR INSTALLATION
The artist(s) will receive compensation for their work; the amount will be determined at the conclusion
of fundraising for the project. The City of San Rafael will provide resources to maintain the park and
installation (providing anti-graffiti application to artwork, lighting, cleaning, trees, etc.).
FISCAL SPONSOR
Youth in Arts (YIA) will act as the fiscal sponsor and recipient of all grants and funding sources for the
project. This partnership ensures the next generation has a voice in this process and leverages the
experience of YIA in developing local art projects. They will also provide support to the selected
artist(s) by supporting them to incorporate a youth education component into the project.
LORENZO JONES CONSULTING AND COACHING GROUP
Lorenzo Jones Consulting and Coaching Group
2173 E. Francisco Blvd. Suite B
San Rafael, Ca. 94901 415-652-7627
lorenzo@lorenzojones.net
www.lorenzojones.net
DESCRIPTION AND ART LOCATION: Arbor Park resides in the northern part of San Rafael in the Terra
Linda neighborhood. Located at the southwest intersection of Las Gallinas Ave and Manuel T . Freitas
Pkwy, Arbor Park is what San Rafael calls a Parkette, or a small park. It consists of a few benches, grass
area, and walking path. The park is highly visible to cars and pedestrians who travel in Terra Linda
along Manuel T. Freitas which is the main thoroughfare for the neighborhood.
Figure 1 – Arbor Park outlined in red
PROPOSED SELECTION PROCESS
Once all artist proposals are received, the San Rafael Social Justice Public Art Community Group will
review and select the top 2-3 artists.
The City of San Rafael is creating a Pilot Public Art Advisory Group who will review the top 2 -3 artist
proposals and provide feedback on them to staff.
This group will be purely advisory in nature and will not have approval authority for the project. It will
include:
• 1 Community Based Organization representative who has Diversity, Equity & Inclusion expertise
• 2 Local Community Arts representatives (one of which will be the fiscal sponsor – Youth in Arts)
LORENZO JONES CONSULTING AND COACHING GROUP
Lorenzo Jones Consulting and Coaching Group
2173 E. Francisco Blvd. Suite B
San Rafael, Ca. 94901 415-652-7627
lorenzo@lorenzojones.net
www.lorenzojones.net
• 2 members of the San Rafael Social Justice Community Art Group
• 1 member of the Planning Commission
• 1 member of the Park & Recreation Commission
• 1 member of the Design Review Board
The City of San Rafael City Council will serve as the approval authority for the project.
TIMELINE FOR INSTALLATION
• Spring 2021
1
CANAL ARTS INITIATIVE 3301 KERNER MURAL PROJECT OUTLINE
November 10, 2020
Following impactful mural projects completed for Canal Alliance, a coalition of San Rafael
arts, business education and community groups has formed to promote public art projects
in the Canal:
Canal Alliance
Marin Cultural Services Department
San Rafael Chamber of Commerce
Dominican University
Art Works Downtown
Marin Society of Artists
Marin Open Studios
Marin MOCA
MarinSEL
Parent Services Project
TeamWorks
Storek Studio/Architecture
2
The direction of the CAI is by this core group
Omar Carrera, Canal Alliance
Joanne Webster, San Rafael Chamber of Commerce
Elisabeth Setten, Art Works Downtown
Meg Reilly, Marin Society of Artists
Rich Storek, Storek Studio/Architecture
The CAI’s inaugural mural project is partially funded through a California Arts Council
Local Impact matching grant, supporting
• Community-driven arts projects for historically marginalized communities,
• Using the arts as a vehicle for building strong, healthy, vibrant, and resilient
communities,
• Celebration of local artists,
• Forms of arts and cultural expression that are unique to, and/or historically rooted
in, the community.
• Activation of community participants to develop and express their own creative and
artistic abilities.
• Foster intergenerational and lifelong arts learning, participation, and exchange.
CAI’s mural project is designed to achieve all the above, in addition to video documentation
similar to these produced for Canal Alliance mural projects:
https://canalalliance.org/other/you-are-home-mural-project/
https://canalalliance.org/other/canal-alliance-unveils-new-mural-empowered-through-
education/
The CAI’s initial public art project was selected for 3301 Kerner for its prominent Canal
gateway location, and had approval by the building owner prior to sale to the County. The
grant requires completion of a project that was originally scheduled over a one-year period,
from June 2020 to July 2021. Delay in obtaining location approval, and then community
outreach, artist selection, creation, approval, and a lengthy permitting process has reduced
that by several months, but may still be accomplished.
1
ORDINANCE NO. 1991
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
SAN RAFAEL MUNICIPAL CODE SECTION 14.25.040 EXEMPTING FROM
ENVIRONMENTAL AND DESIGN REVIEW ANY PUBLIC ART PROJECTS THAT
UNDERGO REVIEW THROUGH A SEPARATE REVIEW PROCESS ESTABLISHED
BY THE CITY FOR THAT PURPOSE
WHEREAS, City staff is working to establish a program to allow public arts projects
on public and private properties within the City subject to a specially established City
approval process; and
WHEREAS, under existing provisions of Chapter 14.25 of the San Rafael
Municipal Code, art projects and/or installations on private properties, which could be
considered to be public arts projects under the City’s new public arts program, are
required to obtain Environmental and Design Review approval prior to installation; and
WHEREAS, the City Council wishes to establish a unified process for approval of
public arts projects on both public and private properties within the City; and desires this
separate process to be used to review and approve public arts projects on private property
rather than the Environmental and Design Review process; and
WHEREAS, the City Council finds that adoption of this ordinance would make
minor alterations to the process for administrative review of murals and other art
installations in the City, and is therefore categorically exempt from environmental review
pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15305
exempting minor alterations in land use limitations; and
WHEREAS, the City Council further finds:
1. The amendments to San Rafael Municipal Code Section 14.25.040 are
consistent with the following policies and programs of the San Rafael General
Plan 2020 as follows:
a. General Plan Policy CA-3-Cultural and Arts Programs and Activities
encourages opportunities for both public and private cultural arts
programs and activities addressing the needs and interests of the whole
community
b. General Plan policy CA-6 -Community Art, Encourage community art
projects that create a greater understanding and appreciation of art and
artists through community involvement.
c. General Plan Program CA-6b-Mural Review, supports reevaluation of
the City’s mural review process. The proposed amendment will allow
the city to initiate a pilot program that will test a local arts process for
review of private and public installation of public arts projects.
2
2. The proposed amendments are consistent with the following DRAFT GP2040
policies and programs:
a. Policy AC-1.2: Arts Programming, which states: Encourage and support
an array of cultural arts programs and activities addressing the needs
and interests of the whole community.
b. Policy AC-1.4: Inclusive Activities, which states: Encourage activities,
entertainment and events that reflect San Rafael’s diverse cultural
heritage and population. Programming should be inclusive of all ages,
ethnicities, genders, abilities, and socio- economic groups. Participation
in the arts should be supported as a way to promote intercultural
understanding, and to bridge differences and forge unity. All residents
should have access to arts and cultural activities.
c. Policy AC-1.5: Public Art, which states: Promote a stimulating and
engaging environment through the greater display of public art, including
both temporary and permanent works. Locations throughout the city
should be considered.
d. Program AC-1.5A: Art in Public Places. Evaluate the feasibility of an Art
in Public Places Ordinance (or “percent for art” program) that would
establish a funding source and/or mechanism for increasing public art.
Strive for solutions that maximize flexibility in the way funds are collected
and used.
e. Program AC-1.5B: Community-Based Outdoor Art Installations, which
states: Support participatory public art projects that engage the
community, such as murals, 3D art, and street painting. Such projects
should foster a greater understanding of local cultures, arts, and history
and provide an opportunity to express neighborhood identity.
f. Policy AC-1.8: Arts and the Local Economy which states Recognize the
value of the arts to the economy of the city, and the role of the arts in
community revitalization.
g. Policy AC-1.9: Arts-Supportive Environment, which states: Create an
environment that is supportive to arts professionals.
3. The public health, safety and general welfare are served by adoption of the
proposed amendments, in that the amendments would provide opportunity for
the City to establish a path to implement General Plan policies related to
cultural and art programs that are inclusive of the whole San Rafael
Community; and would allow opportunity to create a pilot program that could
be used to review public arts projects;
3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1: AMENDMENT.
Section 14.25.040 of the San Rafael Municipal Code, entitled “Improvements
Subject to Design Review” is hereby amended by amending subsection A (“Major
Physical Improvements”) thereof to read in its entirety as follows:
A. Major Physical Improvements.
1. New construction on vacant property, including, but not limited to:
a. Any residential structure located within one hundred (100) vertical feet
of a ridgeline,
b. Residential structures with three (3) or more dwelling units, and boarding
houses,
c. Residential structures as required by subdivision or zoning approvals,
d. Offices, retail and industrial structures,
e. Public, quasi-public, religious, social and similar community structures,
f. Marinas and yacht clubs;
2. Modifications to existing structures, including, but not limited to:
a. Additions to multifamily residential structures with three (3) or more units,
where the addition constitutes more than forty percent (40%) of the total
square footage of the building,
b. Additions and alterations to existing nonresidential structures where the
addition is greater than forty percent (40%) of the existing square
footage. (Note: The community development director may determine
that an addition or alteration greater than forty percent (40%) which has
a minor impact on the visual character or function of a building is subject
to a minor design review permit.),
c. Relocation of a nonresidential structure, or of a residential structure with
three (3) or more existing dwelling units,
d. Second dwelling units, as prescribed by Section 14.16.285.C.9;
3. Major site design improvements, including but not limited to:
a. Subdivisions located on properties with an average slope of twenty-five
percent (25%) or greater, or with a general plan land use designation of
hillside residential or hillside resource residential,
b. Cutting of one thousand (1,000) or more cubic yards per site per year,
or fill of two thousand (2,000) or more cubic yards per site per year.
(Exempt: Where removal is being done in accordance with an approved
and legally effective tentative and/or final subdivision map, and a legally
4
effective building permit.) (Note: A use permit is also required where the
principal use proposed is cutting or filling.),
c. Landscaping as part of a development subject to major environmental
and design review,
d. Circulation and parking and loading facilities for pedestrians, bicycles
and motor vehicles on a development subject to major environmental
and design review,
e. Signs for a development subject to environmental and design review.
The sign permit application shall be reviewed for location, size and type
of signs concurrently with the design review application. See Chapter
14.19, Signs;
4. Development subject to review as a major physical improvement pursuant
to any other provision of this title;
5. Mural signs painted on the exterior surface of a wall of an existing or new
structure;
6. Wireless telecommunications facility, as prescribed under Section
14.16.360.B.
DIVISION 2: AMENDMENT.
Section 14.25.040 of the San Rafael Municipal Code, entitled “Improvements
Subject to Design Review” is hereby amended by amending subsection D (“Exempt from
Design Review”) thereof to read in its entirety as follows:
D. Exempt from Design Review.
1. Single-family dwellings when sited on individual lots with frontage on a public
street and not otherwise subject to design review as listed above;
2. Ordinary maintenance and repairs;
3. New decks or additions to decks, except where review is required for decks
located in hillside areas as prescribed in Section 14.25.040.C, above;
4. Installation of solar panels on existing structures or grounds, as provided
under state law and in compliance with all applicable development
standards;
5. Public art installations on public or private property approved through a City-
established public art program. For purposes of this section (14.25.040),
“public art” is defined as all forms of art including, but not limited to:
sculptures, murals, mosaics, and fountains, which are located on the
exterior of a publicly owned facility or on a privately owned property when
such artwork is placed in a location intended to be visible to the general
public;
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6. The community development director may declare improvements which
have been determined to be minor or incidental within the intent and
objectives of this chapter to be exempt from review.
DIVISION 3: SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, or phrases be
declared invalid.
DIVISION 3: PUBLICATION; EFFECTIVE DATE.
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior
to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final
passage, and the summary of this Ordinance shall be published within fifteen (15) days
after the adoption, together with the names of the Councilmembers voting for or against
same, in the Marin Independent Journal, a newspaper of general circulation published
and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of
the City Clerk, a certified copy of the full text of this Ordinance along with the names of
those Councilmembers voting for and against the Ordinance.
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KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1991 was introduced at a regular meeting of the City Council
of the City of San Rafael on February 16, 2021 and ordered passed to print by the
following vote, to wit:
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AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the Council to be held on the 1st day of March, 2021.
LINDSAY LARA, City Clerk