HomeMy WebLinkAboutPlanning Commission 2011-07-12 #4 ResolutionFile #: ED11-036
Title: Draft Resolution
Exhibit: 2-1
RESOLUTION NO. 11- __
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED11-036) FOR THE
INSTALLATION OF A NEW, 22-FOOT-TALL BY 28-FOOT-WIDE PAINTED MURAL ON
THE WALL OF AN EXISTING COMMERCIAL/OFFICE BUILDING LOCATED AT
91 LARKSPUR ST. (APN: 008-082-49)
WHEREAS, on May 18, 2011, Larry Siegel of the “ForWords” organization submitted an
Environmental and Design Review Permit application (ED11-036) to allow the installation of a 22-foot-
tall by 28-foot-wide, painted mural on the exterior of the existing commercial building located at 91
Larskpur St in the CCI/O District; and
WHEREAS, Larry Siegel of the “ForWords” organization applied for and received a waiver of
planning application fees for the required Environmental and Design Review Permit application. The fee
waiver was reviewed and granted by the City Council on June 6, 2011 through the adoption of City
Council Resolution No. 13157; and
WHEREAS, the proposed mural does not include written script or pictures of a business or
items sold or services offered on site and is therefore not considered a sign as defined by the City’s Sign
Ordinance (SRMC Chapter 14.19). However, painted murals (that do not provide any advertising nor
considered signage) are considered a “Major Physical Improvement” pursuant to San Rafael Municipal
Zoning Code Chapter 14.25.040.A.5 and, thus, require the approval of a Major Environmental and
Design Review Permit; and
WHEREAS, on June 21, 2011, the project was referred to the City of San Rafael Design Review
Board for its recommendation on the mural deign. The Board unanimously recommended approval (4-0-
2; Members Kent and Lentini absent) of the application to the Planning Commission; and
WHEREAS, the project has been determined to be exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the
CEQA Guidelines which exempts minor alterations to existing facilities; and
WHEREAS, on July 12, 2011, the San Rafael Planning Commission held a duly noticed public
hearing on the proposed Environmental and Design Review Permit (ED11-036), accepting all oral and
written public testimony and the written report of the Community Development Department staff; and
WHEREAS, the custodian of documents, which constitute the record of proceedings upon which
this decision is based, is the Community Development Department.
NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following
findings supporting the approval of Environmental and Design Review Permit ED11-036:
A. As proposed, the mural placement and design would be consistent with the following applicable
General Plan 2020 Policies:
1. Community Design Policies CD-2 (Neighborhood Identity), CD-10 (Nonresidential Guidelines),
CD-15 (Participation in Project Review) and CD-16 (Property Maintenance) in that: a) the
addition of a mural on the subject building would provide an distinct identity to this building
which is located in the center of the Canal neighborhood and serves as a gathering place for the
community; b) the design of the mural was reviewed by the Design Review Board and
File #: ED11-036
Title: Draft Resolution
Exhibit: 2-2
recommended for approval; c) public notice was provided for the DRB and Planning
Commission meetings to solicit public input and the applicant has sought and gathered public
support for the design of the mural; d) the mural proposes to utilize specific paint and other
materials to coat the mural and ensure that the mural can easily be cleaned and restored in case of
damage; and e) and conditions of approval have been imposed to ensure proper maintenance and
clarify responsibility for maintenance.
2. Culture and Arts Policies CA -3 (Cultural and Arts Programs and Activities), CA-5 (Public Art)
and CA-6 (Community Art) in that: a) the proposed mural is a student led effort to express their
views as well as provide public art a blank building wall that would be visible for the public; and
b) the mural design is vibrant and would introduce culture and arts into this neighborhood of
predominately non-descript buildings.
3. Neighborhoods Element Policy NH-61 (Public Plaza) in that the addition of the mural would
enhance the natural gathering place around this commercial building.
B. As proposed, the mural design would be compatible with the objectives of the Zoning Ordinance, in
that it is consistent with the purposes specified in SRMC Section 14.01.030.A (to implement and
promote the policies of the general plan), Section 14.01.030.I (to promote design quality in all
development and preserve and enhance the city’s historic, architectural and cultural resources)
given that:
1. The proposed size, location and design are appropriate for the site and its surroundings given that
they are proportional to the building wall on which it is mounted and the design presents a
vibrant artist image of the vision of the world from the students mind;
2. The mural would introduce interest in this area of the Canal and break up the large expanse of
concrete building wall that currently faces Larkspur St;
3. The vibrant colors would help liven a fairly non-descript building wall;
4. The mural would use high quality materials and colors and adequate measures have been
incorporated into the design and materials to ensure easy of cleanup and repair in case of damage
to the mural; and
5. The design of the mural was developed by the students of the “ForWords” program and portrays
a noble message of peace and education. Although not technically part of the City’s design
review process, the intent and purpose behind the mural is admirable for the students of the
“ForWords” program and the Canal neighborhood.
C. As proposed, the color scheme would be consistent with the purposes and review criteria of Zoning
Ordinance Chapter 25 (Design Review) in that: 1) high quality materials are proposed for the mural;
2) the colors are vibrant and add interest to this building wall; 3) the mural would provide interest
and break up the large expanse of concrete wall on the building elevation; 4) the mural would relate
proportionally to the building on which the mural is mounted; and 5) achieve a high quality finish
and low-reflective paint colors in the mural design that will be coated with protective coating.
D. The project was reviewed by the Design Review Board for general design principals and compliance
with the criteria in Chapter 25 of the Zoning Ordinance and received a unanimous recommendation
of approval, as discussed in Finding A, B and C above.
E. The project design is consistent with all applicable site, architecture and landscaping design criteria
and guidelines for the Core Canal Industrial/Office (CCI/O) District in which the site is located
given that the mural has been reviewed by the DRB for general design principals and review criteria
contained in Chapter 25 of the Zoning Ordinance as discussed in Findings A, B and C above.
File #: ED11-036
Title: Draft Resolution
Exhibit: 2-3
BE IT FURTHER RESOLVED, the Planning Commission hereby approves Environmental and
Design Review Permit ED11-036 for the new mural at 91 Larkspur Street subject to the following
conditions:
1. This Environmental and Design Review Permit (ED11-036) approves a 22-foot-tall x 28-foot-wide
painted mural at 91 Larkspur St. The mural is approved to be installed on the eastern portion of the
building wall along the Larkspur Street elevation, as shown on the approved plans on file with the
Department of Community Development.
2. The approved mural design and location is as illustrated on the approved plans consisting of the
mural design, picture of the mural location and written description of mural date-stamped approved
“July 12, 2011”, and on file with the Community Development Department, Planning Division.
3. This Environmental and Design Review Permit (ED11-036) shall run with the land and shall remain
valid regardless of any change of ownership of the project site or business, subject to the conditions
and limitations of the Design Review Permit contained herein, provided that within two (2) year of
this approval or until July 12, 2013: a) the mural is installed; or b) a time extension request is
submitted to the City’s Community Development Department. Failure to completely install the mural
or apply for a time extension by the specified date will result in the expiration of this Design Review
Permit.
4. This Environmental and Design Review Permit (ED11-036) approves a painted mural and shall not
include any advertising or written script or pictures of a business or items sold or services offered on
site. If advertising or written script of pictures are proposed to be installed on the mural, the mural
would be considered a mural sign and be subject to the City of San Rafael Sign Ordinance (SRMC
Chapter 14.19).
5. There shall be no changes to the design, colors, size or method of attachment without prior review
and approval of the Community Development Department. Minor modifications or revisions to the
project that do not alter the general design or message shall be subject to review and approval of the
Community Development Director. Modifications deemed not minor by the Community
Development Director shall require an amendment to the Design Review Permit and may require
review and approval of the Design Review Board and Planning Commission.
6. As proposed, the mural shall be coated with the protective coating to protect against ultra violet light,
graffiti or other pollutants. Four coats of the protective coating shall be applied on the bottom 8 feet
to give an extra hard surface for easy maintenance of graffiti. If the mural is vandalized and
subsequently cleaned, the mural shall re-varnish the effected area after cleaning, if needed.
7. The mural, including all supporting components of the mural and its structure, shall be maintained in
good, undamaged condition at all times, free of graffiti or other non approved markings or painting.
This condition requires that the mural always appear as shown on the approved plans and any
damaged, worn or faded improvements shall be replaced in a timely manner as specified below.
8. In case this mural is damaged or defaced, the applicant shall be responsible for either:
a. Cleaning and restoring the mural design to a good condition in a timely manner. A timely manner
shall generally mean within 72 hours of the damage or a longer period as reasonable, but no more
than 10 days. An extension past the 10 days may be requested by the applicant, but shall be
subject to review and approval of the Community Development Department and shall require
File #: ED11-036
Title: Draft Resolution
Exhibit: 2-4
that the applicant demonstrate that all reasonable steps are being taken to address the issue and
more time is necessary and the extension would not result in additional public nuisance.
b. Removing the mural design and all supporting structures, followed by a repair of and repainting
the underlying wall thus returning the building wall to it pre-mural condition.
c. The property owner shall be ultimately responsible to maintain the mural as required by these
conditions of approval in case the applicant is unwilling, unable or no longer a tenant of the
building.
A decision of the Planning Commission may be appealed to the City Council, in accordance with Chapter
14.28 of the Municipal Code by filing an appeal form and fees within five (5) working days of the
decision being contested. If a timely appeal is not filed the decision of the Planning Commission shall be
final.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 12th of July, 2011.
Moved by Commissioner _____________ and seconded by Commissioner ________________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Robert M. Brown, Secretary Viktoriya Wise, Vice Chair