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HomeMy WebLinkAboutHCPC Resolution 2022-01 01/11/2022 DocuSign Envelope ID:3AED474E-E282-4D14-8A1C-3D028A73CC2C RESOLUTION 2022-01 CITY OF PETALUMA HISTORIC AND CULTURAL PRESERVATION COMMITTEE APPROVING HISTORIC SITE PLAN AND ARCHITECTURAL REVIEW FOR THE "MAGNIFICENT" TEMPORARY MURAL LOCATED ON THE REX HARDWARE BUILDING LOCATED AT 313 B STREET AND WITHIN THE PETALUMA HISTORIC COMMERCIAL DISTRICT APN: 008-063-012 Project File No: PLSR-2021-0035 WHEREAS, artists Magdalena Gross and Amanda Lynn with consent from property owner Jeff Tomasini, submitted an application for Historic Site Plan and Architectural Review to create a distinct mural painted by both artists on the northeastern exterior fagade of the Rex Ace Hardware building located in the Petaluma Historic Commercial District at 313 B Street (the "Project"); and, WHEREAS, the Petaluma Historic Commercial District is a National Register District and significant as a rare concentration of commercial architecture dating to the late 19th and early 20th century; and WHEREAS, the subject building is located within the Petaluma Historic Commercial District but is not a contributing building due to a fire in the original building in 2006 and the subsequent modern reconstruction of the structure in 2007;and WHEREAS, the proposed temporary mural installation is sensitive to the historic character of the surrounding buildings as confined to the northeastern exterior fagade and non-character defining spaces, and does not adversely affect its relationship in terms of harmony and appropriateness with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural, or aesthetic interest or value of the district; and WHEREAS, the project was reviewed pursuant to Implementing Zoning Ordinance §15.050 as it relates to the alterations of a building within a designated historic district, pursuant to the Petaluma Commercial Historic District Design Guidelines, and pursuant to the Secretary of the Interior's Standards for Rehabilitation; and WHEREAS, the project was reviewed for compliance with Implementing Zoning Ordinance §24.010, Site Plan and Architectural Standards; and WHEREAS, the project has been reviewed in compliance with CEQA Guidelines and has been determined to be categorically exempt, pursuant to CEQA Guidelines §15301 (Existing Facilities) as this is temporary painting is a minor modification to an existing building which will not expand the use, and the project does not trigger any of the exceptions to the exemption outlined in CEQA Guidelines §15300.2; and WHEREAS, the Petaluma Public Art Committee reviewed the temporary mural proposal at their regular meeting on December 8, 2021, and forwarded a recommendation of project support to the Historic and Cultural Preservation Committee; and WHEREAS, public notice was published in the Petaluma Argus-Courier on December 30, 2021, and mailed to residents and occupants within 500 feet of the Project site in compliance with state and local law; and Historic&Cultural Preservation Committee Resolution No.2022-01 Page 1 DocuSign Envelope ID:3AED474E-E282-4D14-8A1C-3D028A73CC2C WHEREAS,three onsite signs were posted in compliance with City Council Resolution No. 2018- 107 N.C.S.; and WHEREAS,the Historic and Cultural Preservation Committee held a duly noticed public hearing to consider Historic Site Plan and Architectural Review of the Project on January 11, 2022; and NOW THEREFORE, BE IT RESOLVED BY THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE OF THE CITY OF PETLAUMA AS FOLLOWS: l. The foregoing recitals are true and correct and incorporated herein by reference. 2. Based on its review of the entire record herein, the Historic and Cultural Preservation Committee makes the following findings: a. As conditioned, the proposed Project is consistent with recommendations contained in the Petaluma Historic Commercial District Design Guidelines in that the installation of proposed temporary mural 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 mural will be confined to the northeastern exterior wall of the Rex Ace Hardware building and will avoid any areas showcasing or defining architectural features including original brick.The temporary nature and sensitive placement of the mural 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. b. 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. c. The proposed project, as conditioned, is consistent with the standards for Site Plan and Architectural Review stated in Implementing Zoning Ordinance §24.010, based on the fact that it meets the requirements prescribed by the Petaluma Historic Commercial District Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation referenced therein,which are more specific and relevant to the proposed project.The consistency determination is based on the fact that the mural 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. d. The proposed project is in compliance with CEQA Guidelines and has been determined to be categorically exempt, pursuant to CEQA Guidelines §15301 (Existing Facilities) as this is temporary painting is a minor modification to an existing building which will not expand the use, and the project does not trigger any of the exceptions to the exemption outlined in CEQA Guidelines §15300.2. 3. Based on its review of the entire record herein, including the January 11, 2022 Historic and Cultural Preservation Committee staff report, all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the Historic and Cultural Preservation Committee hereby approves Historic Site Plan and Architectural Review for the Project, subject to the conditions of approval attached hereto as Exhibit A. Historic&Cultural Preservation Committee Resolution No.2022-01 Page 2 DocuSign Envelope ID:3AED474E-E282-4D14-8A1C-3D028A73CC2C ADOPTED this 1 It"day of January 2022, by the following vote: Commission Member Aye No Absent Abstain/Recused Chair Caputo X Perlis X Pitingaro X Rinehart X van Ommeren X EDocuSigned by: (�,visfepltiw Capufe, (,�,aiv' 0516671E2017409... Christopher Caputo, Chair ATTEST: APPROVED AS TO FORM: DocuSigned by: DocuSigned by: �c,alf c,v f�ivxs) lkkvim (ew�w,va4� Vt�t FKA vokvx�) Assisfarn bf� 62DFSA4F319E4F7__ 2588CSS6ED25412.. Heather Hines, Interim CD Director Dylan Brady, Assistant City Attorney Historic&Cultural Preservation Committee Resolution No.2022-01 Page 3 DocuSign Envelope ID:3AED474E-E282-4D14-8A1C-3D028A73CC2C Exhibit A HISTORIC SPAR CONDITIONS OF APPROVAL "Magnificent" Mural Located within the Petaluma Historic Commercial District 313 B Street, Petaluma, CA 94952 APN: 008-063-012 Project File No. PLSR-2021-0035 1. Subject to conditions stated herein, this Historic Site Plan and Architectural Review approval authorizes the installation of the temporary mural on the northeastern exterior facade on the building located at 313 B Street, within the Petaluma Historic Commercial District. 2 Installation of the temporary mural shall be in substantial conformance with approved plans reviewed for Historic Site Plan and Architectural Review and as discussed in the Historic and Cultural Preservation Committee staff report dated January 11, 2022 except as modified by the following conditions. 3. During and immediately 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. No paint shall be applied to other surfaces beyond the defined project area of the northeastern exterior fapade, including but not limited to sidewalks and other exterior walls. 5. Any wiring, downspouts, fasteners, or other building features that are removed as a result of mural installation shall be replaced immediately after painting has concluded. 6. Prior to commencing installation of the mural, the artists will provide property owners signature of consent for the installation and maintenance of the temporary mural. 7. Prior to commencing installation of the mural, the artists will submit a detailed schedule outlining expected working times, including days and times, by the artists and any supporting team members. This schedule shall be kept current with City staff and adhered to by the artist team, communicating any necessary changes or updates to staff as required. 8. Project activities may not block any required exits or paths of egress; or if blocked, an alternate or protected pathway shall be provided. No fire apparatus access shall be blocked. 9. Maintenance of the mural shall be performed for the life of the mural by the artist while the artwork is displayed in its temporary nature until the development of the adjacent parcel has started and in accordance with the provisions of the approved Maintenance Plan, attached hereto as Attachment C. 10. 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. 11. The approved medium for the murals is exterior acrylic paint, spray paint, and latex paint. 12 If project work, tools, materials, or equipment operate in the public right-of-way during project installation, the applicant shall apply for an encroachment permit from the City's Department of Public Works. 13. Upon project completion, the Artists, Magdalena Gross and Amanda Lynn, shall submit a digital packet that includes photographs of the progress and completed artwork accompanied by artists' biographies to the Planning Manager. Historic&Cultural Preservation Committee Resolution No.2022-01 Page 4 DocuSign Envelope ID:3AED474E-E282-4D14-8A1C-3D028A73CC2C 14. 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. Historic&Cultural Preservation Committee Resolution No.2022-01 Page 5