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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