HomeMy WebLinkAboutResolution 2015-103 N.C.S. 07/06/2015Resolution No. 2015 -103 N.C.S.
of the City of Petaluma, California
DENYING THE APPEAL BY SHAWN MONTOYA, ON BEHALF OF HANSEL
TOYOTA, AND UPHOLDING THE PETALUMA PUBLIC ART COMMITTEE'S DE-
FACTO DENIAL OF THE PROPOSED ONSITE PUBLIC ART AS PART OF THE
TOYOTA DEALERSHIP EXPANSION AND REMODEL PROJECT
ASSESSOR'S PARCEL NO. 150- 020 - 035,150- 020 - 034,150- 020 -033
File No. PLAP -15 -0002
WHEREAS, the Toyota Dealership Expansion and Remodel Project, located at 1125
Auto Center Drive, is a non - residential private construction project located in the PCD zoning
district with a total construction cost greater than $500,000; and
WHEREAS, the Toyota Dealership Expansion and Remodel Project does not qualify for
an exemption outlined in IZO Section 18.060; and
WHEREAS, the Toyota Dealership Expansion and Remodel Project is required to
provide a public art cost of not less than one percent of the construction costs, as required by IZO
Section 18.090; and
WHEREAS, pursuant to IZO Section 18.090, Hansel Toyota elected to incorporate
public art into the project site; and
WHEREAS, the IZO Section 18.100 outlines specific requirements for the location of
public art as part of a private construction project; and
WHEREAS, IZO Section 18.120 (Public Art Requirements) outlines criteria that public
art must satisfy to be consistent with the public art requirement; and
WHEREAS, IZO Section 18.130 (Verification of Compliance) specifies that the
applicant must demonstrate compliance with the requirements of Chapter 18 with written
approval from the Petaluma Public Art Committee that certifies that the proposed public art
satisfies the requirements of IZO Section 18.120; and
WHEREAS, the Petaluma Public Art Committee reviewed the proposed public art for
the Toyota Dealership Expansion and Remodel Project at a meeting held on March 26, 2015, and
after reviewing the proposal continued consideration of the application to April 9, 2015; and
Resolution No. 2015 -103 N.C.S. Page 1
WHEREAS, the Petaluma Public Art Committee reviewed the application at a meeting
held on April 9, 2015 and made two motions, one to approve and one to deny the onsite public
art proposal; and
WHEREAS, both motions failed due to a tie vote on each motion, resulting in a de -facto
denial of the proposed public art; and
WHEREAS, on April 23, 2015, Shawn Montoya, on behalf of Hansel Toyota, filed an
appeal to the City Council to appeal the Petaluma Public Art Committee's de -facto decision to
deny the proposed public art; and
WHEREAS, the appeal was received timely and, as required by IZO Section 24.070,
states the pertinent facts, the basis for the appeal, and the relief sought by the appellant; and
WHEREAS, on June 25, 2015, a public notice of the hearing for the appeal before the
City Council was published in the Argus- Courier and mailed to all property owners and
occupants within 500 feet of the subject property; and
WHEREAS, a staff report with attachments, dated July 6, 2015, was prepared in
response to the appeal and is incorporated herein by reference; and
WHEREAS, the City Council considered the appeal at a duly noticed public hearing on
Ju'y 6, 2015, at which time all interested parties had the opportunity to be heard.
NOW THEREFORE BE IT RESOLVED, that the City Council fully considered all
evidence presented before and at the duly noticed public hearing regarding this matter, and on
the basis of the staff report, testimony and other evidence, and the record of proceedings herein,
denies the appeal and upholds the Petaluma Public Art Committee's de -facto decision to deny
the proposed onsite public art as part of the Toyota Dealership Expansion and Remodel project
based on the following findings:
1. The information presented by the applicant, both written and visual, do not provide
adequate evidence that the finished artwork will demonstrate excellence in craftsmanship,
originality in conception or integrity of materials as required by Implementing Zoning
Ordinance (IZO) §I8.120(C), due to an incomplete project description, and examples that
did not illustrate the project description.
2. The materials proposed in the artwork are not durable enough to uphold the integrity of
the artwork, particularly with regards to light exposure and oils associated with viewers'
ability to touch the artwork, and therefore the artwork does not clearly satisfy IZO
Resolution No. 2015 -103 N.C.S. Page 2
REFERENCE
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
§ 18.120(E) which requires that the art shall only require minimal maintenance for
preserving the long -term integrity and enjoyment of the arts.
3. The location of the proposed art within the interior lobby of the auto dealer does not meet
the requirements of IZO § 18.100 (Location of Public Art) because it does not adequately
provide for location of public art in a publicly accessible area of the site. Additionally,
the location of the artwork within the interior of the commercial business is the interior
space of the private business, for viewing by Hansel Toyota customers, opposed to the
more general public, and therefore is not consistent with the intent of IZO Chapter 18 to
use public art to make public areas of buildings more welcoming.
4. The proposed public art should have been considered earlier in the process and
permanently designed as part of the project site, as required by the IZO, and as a result....
5. This Resolution shall take effect immediately upon adopting by the City Council and the
City Council's adoption of this Resolution shall be deemed the final determination by the
City.
6. Pursuant to Civil Procedure Code section 1094.6, any petition challenging this Resolution
shall be filed not later than the 90th day following the date on which the decision became
final.
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 6`h day of July, 2015,
by the following vote:
Barrett, Mayor Glass, Kearney, King, Vice Mayor Miller
Albertson, Healy
None
None
City Clerk Mayor
Approved as to
form:
'. f
Assistant City Attorney
Resolution No. 2015 -103 N.C.S. Page 3