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HomeMy WebLinkAboutHCPC Resolution 2015-04 10/27/2015RESOLUTION NO. 2015-04 CITY OF PETALUMA HISTORIC AND CULTURAL PRESERVATION COMMITTEE APPROVING HISTORIC SITE PLAN AND ARCHITECTURAL REVIEW FOR THE O POSITIVE MURALS LOCATED IN THE PETALUMA HISTORIC COMMERCIAL DISTRICT AT 101 PETALUMA BOULEVARD NORTH, 120 KENTUCKY STREET, 10 WESTERN AVENUE, AND 125 PETALUMA BOULEVARD NORTH APNs: 006-281-011, 006-363-180,006-281-002,006-281-150 Project File No: PLSR-14-0027 WHEREAS, O+ Art Committee Chair, Nathan Larimer, submitted an application for Historic Site Plan and Architectural Review for the installation of eight (8) distinct murals painted by eight different artists on secondary elevations of four buildings located in the Petaluma Downtown Historic District at 101 Petaluma Boulevard North, 120 Kentucky Street, 10 Western Avenue, and 125 Petaluma Boulevard North ; and, WHEREAS, the Petaluma Downton Historic District is a National Register District and significant as a rare concentration of commercial architecture dating to the late 19th and early 20th centuries; and WHEREAS, the four subject buildings to be affected by the project include two contributing buildings and two non-contributing buildings; and WHEREAS, the mural installation will be sensitive to the historic character of the subject buildings, confined to secondary elevations and non -character defining spaces; and, WHEREAS, the project was reviewed pursuant to Section 15.050 of the Implementing Zoning Ordinance as it relates to alterations within a designated historic district, pursuant to the Petaluma Commercial Historic District Guidelines, and pursuant to the Secretary of the Interior's Standards for Rehabilitation; and, WHEREAS, the project was reviewed for compliance with Site Plan and Architectural Standards, Section 24 of the IZO; and, WHEREAS, the project has been reviewed in compliance with CEQA guidelines and has been determined to be categorically exempt, pursuant to Section 15301( Existing Facilities) as the minor alteration to the exterior of existing buildings and, WHEREAS, on October 15, 2015 a Notice of Public Hearing was published in the Argus -Courier and mailed to all residents and property owners within 500 feet of the project; and, WHEREAS, the Petaluma Public Art Committee reviewed the mural proposal at a regular meeting on October 22, 2015 and forwarded comments to the Historic and Cultural Preservation Committee; and, HCPC Resolution No. 2015-04 Page 1 WHEREAS, the Historic and Cultural Preservation Committee held a properly noticed public hearing on October 27, 2015 in accordance with the City of Petaluma's Implementing Zoning Ordinance, Section 24.01 OF. NOW, THEREFORE, BE IT RESOLVED that the Historic and Cultural Preservation Committee hereby approves Historic Site Plan and Architecture Review for the project and authorizes the modifications contained in said plans based on the findings made below and subject to the conditions of approval attached as Exhibit A hereto and incorporated herein by reference: Recitals: The foregoing recitals are true and correct and incorrect and incorporated by reference. As conditioned, the proposed project is consistent with recommendations contained in the Petaluma Historic Commercial District Design Guidelines in that the installation of proposed murals is consistent with the Secretary of the Interior's Standards for Rehabilitation and will be compatible in terms of placement, design, and medium. The proposed murals will be confined to secondary spaces and will avoid any areas showcasing historic materials or defining features including original brick. The sensitive placement of the murals and avoidance of character defining features and spaces will ensure the integrity of the affected buildings, and that of the larger historic district, is retained. 2. The proposed project, as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community because it will be operated in conformance with performance standards specified in the Uniform Building Code, the Petaluma Implementing Zoning Ordinance, and the City of Petaluma General Plan 2025. The proposed project, as conditioned, is consistent with the standards for Site Plan and Architectural Review stated in Section 24.010 of the Implementing Zoning Ordinance based on the fact that it meets the requirements prescribed by the Petaluma Downtown Historic Commercial District and the Secretary of the Interior's Standards referenced therein which are more specific and relevant to the proposed project. The consistency determination is based on the fact that the murals will avoid important facades and character defining features, will be obviously differentiated from the historic features, and will not alter the essential form and integrity of the buildings if removed in the future. ADOPTED this 27th day of October, 2015, by the following vote: Committee Member Aye No Absent Recused Councilmember Barrett X Vice Chair Benedetti-Petnic X Chair Lin X Gomez X Kosewic X Marzo X Pierre X Schlich X Wolpert X HCPC Resolution No. 2015-04 Page 2 ATTEST: H other Hines, C 'remittee Secretary ,00_ Gina Benedetti-Petnic, Vice Chair APPROVED AS TO FORM Andrea Visveshwara, Assistant City Attorney HCPC Resolution No. 2015-04 Page 3 EXHIBIT A CONDITIONS OF APPROVAL O Positive Murals 101 Petaluma Boulevard North, 120 Kentucky Street, 10 Western Avenue, and 125 Petaluma Boulevard North APNs 006-281-011, 006-363-180, 006-281-002, 006-281-150 City File Number: PLSR-14-0012 1. Subject to conditions stated herein, this Historic Site Plan and Architectural Review approval authorizes the installation of murals at secondary elevations and in approved locations on buildings located at 101 Petaluma Boulevard North, 120 Kentucky Street, 10 Western Avenue, and 125 Petaluma Boulevard North, and within the Petaluma Downtown Historic Commercial District. 2 The physical installation of murals shall be in substantial conformance with approved plans reviewed for Historic Site Plan & Architectural Review request and date stamped October 8, 2015 and as discussed in the staff report dated October 27, 2015 except as modified by the following conditions. 3. During and after mural installation artists and assistants shall practice good housekeeping and keep the work area clean and free of trash or debris. Care shall be taken to avoid inadvertent paint splatter and spillage. 4. Maintenance of each of the eight murals shall be performed in perpetuity by a designated person and in accordance with the provisions of the approved maintenance plan, attached hereto as Attachment 1. 5. The project shall be subject to all applicable development impact and other City fees. 6. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project. The applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicant/developers of any such claim, action or proceeding. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City. 7. Paint shall not be discharged and paint brushes and equipment shall not be washed onto the ground surface nor into drainage inlets or a storm drain system 8. As the voluntary installation of public art the eight proposed murals are not required to be HCPC Resolution No. 2015-04 Page 4 maintained in perpetuity, but may be modified or removed in the future so long as modifications and/or removal is in keeping with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Petaluma Historic Commercial District Guidelines as determined by the Planning Manager 9. No exterior paint shall be removed from historic woodwork 10. The approved mediums include acrylic paint, latex paint, or mosaic tiles. No epoxy paint may be used. Upon project completion the O Positive Art Committee Chair shall submit a digital packet that includes photos of completed artwork accompanied by artist biographies. HCPC Resolution No. 2015-04 Page 5 Attachment 1 to Conditions of Approval 0+2015 Mural Proposals Art Committee Chair Nathan Larimer 707-889-0371 nIarimer@opositivefestiva1.org www.opositivefestival.org Maintenance Plan In most cases, the life -expectancy for murals is up to 10 years, depending on the materials used. As the mural ages or is vandalized or damaged we ask that O+ will be given the opportunity to coordinate with the artist or professional conservator to restore the mural before the building owner or the city. O+ will coordinate and fund the restoration or replacement of a deteriorating or vandalized mural. In some cases, O+ may decide to replace the mural with an entirely new mural if the mural is damaged due to age or vandalism; if this is the case O+ will resubmit a new mural proposal for review and approval by the City's Planning Department, as necessary. O+ will not remove a mural. If the building owner would like to completely remove a mural it is their prerogative to do so in accordance with state law. HCPC Resolution No. 2015-04 Page 6