HomeMy WebLinkAboutOrdinance 1991 (Public Art Projects)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
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
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 16th day of February
2021; a SUMMARY of Ordinance No. 1991 was published as required by City Charter in
the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 1st day of March 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati, & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
2nd day of March 2021
_______________
LINDSAY LARA
City Clerk
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;
5
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.
________________________________
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:
6
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