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

Browse Search

Staff Report to the Mayor and City Council Sign Review - Mural at 165 East "O" Street August 20, 2024 Page 5 any person or entity who possesses or owns the fine art. If such artwork is damaged, the applicant shall be responsible for repair or removal within a reasonable period as deemed necessary by the Development Services Director or designee (Condition #9).  Staff recommends a condition clarifying the artists - Artist(s): Refers to any artist(s) who contributes to the creation, design, development and/or installation of the Preliminary Works, Final Artwork and/or the Material Object. For the avoidance of doubt the term “Artist(s)” refers to any person, adult, youth, student or minor (Condition #10).  Staff recommends the entire mural be sealed with B72 acrylic coating or equivalent coating (subject to city approval) which will preserve the mural (Condition #11).  Since the applicant is open to allowing pictures to be taken of the mural by the public staff recommends a condition of approval related to Copyright Ownership: Means the owner of all Copyright Ownership: Means the owner of all Copyright interests in the work, as defined and enforced under the U.S. Copyright Act of 1976, to whom the law grants specific and exclusive rights to do and authorize any of the following: 1) to reproduce and make copies of the work; 2) to prepare derivative works based on the work; 3) to sell or distribute copies of the work to the public or other transfer of ownership, or by rental, lease, or lending; 4) to display the work publicly; 5) to perform the work publicly; and 6) to enforce the work against unauthorized use (Condition #12).  Staff recommends a condition of approval for the applicant to obtain a traffic plan approval / permit if the front of the property is going to require a portion of the street/sidewalk to be closed, subject to review and approval by the City Engineer or designee (Condition #25). Environmental Determination. Pursuant to the California Environmental Quality Act (“CEQA”), the project is categorically exempt under Article 5, Section 15301 (Existing Facilities) consists of a variety of operation, repair, maintenance, permitting, or minor alternation of existing private structures involving negligible or no expansion of existing or former use; therefore, the proposed on-site proposed mural sign review proposed to be painted on existing painted block wall falls within this CEQA exemption category. FISCAL IMPACTS None. ALTERNATIVES 1. Provide alternative direction to staff. ATTACHMENT 2 Packet Pg. 19