2024-08-20 City Council - Full Agenda-1190

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Staff Report to the Mayor and City Council Sign Review - Mural at 165 East "O" Street August 20, 2024 Page 4 Street Improvements and Existing Block Wall. “O” Street is a local street with 66 feet right- of-way width broken down to two 17 feet street lanes traveling in an east to west direction. From the curb face north there is 16 feet to the edge of the City right of way consisting of a five feet sidewalk and an 11 feet landscaped area. In the picture from the previous page that is a general idea as to the dimension of the area between the face of curb to the existing wall. The wall is painted black and is approximately six feet in height. Staff did not find a permit for the front yard wall, but a six-foot wall is permitted within the C-2 (General Commercial) Zone. Aerial records show that the wall did existing at least since and possibly before 2002, which is over 22 years ago. While the street is generally maintained, staff suggests a condition of approval for the applicant to maintain and upkeep of the existing public landscape area fronting 180 feet of the street frontage of the subject property (Condition #13). If new landscaping is necessary to follow the drought resistant landscaping theme presently existing within the landscaped area of the area fronting the property. Public Notice. While not required, staff mailed public notices English/Spanish of the proposed Sign Review for the proposed mural to over 300 property owners in the local neighborhood. In addition, public notice of the Sign Review in both English/Spanish was published in City Social Media which is Facebook. Staff also sent emails to various South Colton residents, San Salvador Church from previous meetings related to other projects processed in South Colton neighborhoods. Artist. The applicant is keeping an open mind in commissioning the mural to a local artist or possibly making it a project for a school art project under supervision of a professional school artist instructor. No specific artist has been provided as part of implementing the mural project. Therefore, staff is recommending an additional condition for the applicant to provide the City of Colton Development Services Director selection of Artist(s) or Program for the installation of the “South Colton” mural project, subject to review and approval by the Development Services Director (Condition No. 16 ). Paint/Maintenance/Upkeep/Other. Staff has requested information about the details of the paint application, maintenance and upkeep, but have not received details. Staff also suggests the following conditions as related to paint/maintenance/upkeep/other. The draft City Council Resolution R-85-24 is in Attachment 4 of this staff report:  Staff recommends a condition of approval for the applicant to be responsible for the design, installation, operation, upkeep & maintenance, and removal of the wall mural (Condition #8)  Staff recommends a CAPA condition meaning the California Art Preservation Act (CAPA) of 1979, which confers certain rights to artists of works of fine art (original paintings, sculptures, drawings or original works of art in glass, of recognized artistic quality), including, but not limited to, the right to prohibit the intentional commission of any physical defacement, mutilation, alteration, or destruction of a work of fine art by 2 Packet Pg. 18