Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

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1 Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707) PLANNING COMMISSION STAFF REPORT APRIL 5, 2018 AGENDA ITEM 7.A File No. PL MAYACAMAS SHOPS PUBLIC ART I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Request to install two public art pieces at the Mayacamas Shops 3270 California Boulevard APN CC-440, Community Commercial CC, Community Commercial APPLICANT/ PROPERTY OWNER: Shops at Mayacamas, LLC Harrison Parkway Valencia, CA Phone: (310) STAFF PLANNER: Michael Gibbons, Assistant Planner Phone: (707) LOCATION MAP 1

2 PL Mayacamas Shops Public Art 2 II. PROJECT DESCRIPTION The Applicant requests a Design Review Permit for a public art installation for the Mayacamas Shops at 3270 California Boulevard. The two proposed art pieces will be located at the Art Garden, a courtyard within the shopping center, and near the primary entrance to the property on California Boulevard. The sculptures are constructed of stainless steel with a rough brush grind and heat patina. The art pieces range in height from eight to nine feet, and in width from two to three feet. The project includes the following application: 1. Design Review Permit for a public art installation. FIGURE 1 - SITE PLAN Art Piece Locations III. CONTEXT The project site is located at the southern intersection of Permanente Way and California Boulevard. The site is currently being developed as a shopping center, Mayacamas Shops. Surrounding uses include restaurants, retail, and service uses to the north and west, light industrial uses to the south, and medical offices to the east. On August 20, 2015, the Planning Commission approved a Design Review Permit and Comprehensive Sign Program (File No. PL ) (Resolution PC ) for the Mayacamas Shops at 3270 California Boulevard. At the time of the project s approval, a specific art piece had not been identified and the Applicant paid a public art contribution in the amount of $35,000 in compliance with the Public Art Ordinance (Napa Municipal Code [NMC] Chapter ) and Condition of Approval 9 of Resolution PC The Applicant has since identified two art pieces and pursuant to NMC Section

3 PL Mayacamas Shops Public Art 3 and is requesting approval of an on-site public art component. The Applicant will be reimbursed the previously paid fees following the installation and approval of the artwork by the Planning Division. FIGURE 2 PROPOSED ART GARDEN ART PIECE FIGURE 3 PROPOSED ENTRANCE ART PIECE 3

4 PL Mayacamas Shops Public Art 4 IV. ANALYSIS A. GENERAL PLAN & ZONING The property is located within the CC-440, Community Commercial General Plan Designation, which provides for commercial uses serving the entire community including retail, restaurants, entertainment, offices, and higher density residential uses. Staff has determined that the proposal may be found consistent with the General Plan and in support of the following General Plan Goal: Parks and Recreation Element Goal PR-7 seeks, [to] recognize the importance of cultural activities as an integral factor in sustaining the community s high quality of life. The installation of an art piece allows for the exhibition of art in a publicly accessible location consistent with this Goal. The property is located within the CC, Community Commercial Zoning District, which provides for commercial uses serving the entire community including retail and service uses, restaurants, banks, offices, and high density residential uses. The retail development and proposed art pieces are consistent with this District. NMC Section requires a Design Review Permit for public art pieces. Design review analysis is further discussed in Section IV.C of this Report. B. PUBLIC ART ORDINANCE NMC Chapter requires developers of a commercial development project with construction costs that exceed $250,000 to install public art on the project site in a public place. The proposed public art is considered by the reviewing body with final design review authority for the development. The cost of the public art must be equal to or at least one percent of the project s total construction cost. The designer of the public art shall be an artist, and the public art shall be displayed in a manner that will enhance its enjoyment by the general public. The proposed artwork is associated with the development of the Mayacamas Shops which has an estimated valuation of $4.5 million. The proposed art piece has an estimated valuation of $70,000, which is 1.6% of the project s valuation. The proposed art piece is consistent with and exceeds the valuation requirement of the Public Art Ordinance. NMC Subsection B.2 establishes criteria for public art. The following is a listing of the criteria followed by Staff s analysis of how the criteria have been satisfied. 1. The public art shall be designed by an artist. The proposed artwork is by Adam Wiedmann, a Napa Valley-based artist. His work has been exhibited throughout the United States and has been featured in various publications. 4

5 PL Mayacamas Shops Public Art 5 2. The public art shall require a low level of maintenance and the proposed maintenance provisions shall be adequate for the long-term integrity and enjoyment of the work. The owner shall enter into a maintenance agreement with the City to be recorded against the property to ensure that proper maintenance is performed as determined by the Community Development Director and in a form acceptable to the City Attorney. The Applicant has not provided a maintenance plan for the artwork, but the sculpture s primary material of stainless steel requires very little maintenance. Stainless steel is a highly durable material. The artist does recommend a quick buffing with paste wax twice annually to preserve the look of the sculptures. A condition of approval is recommended that requires recordation of a maintenance contract prior to issuance of a building permit for the installation of the art pieces. 3. The public art shall be related in terms of scale, material, form and content to immediate and adjacent buildings and architecture, landscaping or other setting so to complement the site and its surroundings and shall be consistent with any corresponding action of the reviewing body with final design review authority for the development project as it may relate to any development entitlements. The Applicant is proposing two on-site public art pieces: one in the Art Garden and the other at the property s primary entrance. The artwork in the Art Garden is approximately eight feet in height, and two feet in width. The art piece at the entrance to the property is nine feet in height, and three feet in width. The steel sculptures compliment the materials found throughout the development which include metal roofing, metal siding, and cultured stone. The simple and contemporary design and tonal palette of the sculptures allow them to compliment the development and surrounding area. 4. The public art shall be permanently affixed to the property. The artwork will be mounted to a stone block base which is permanently affixed to a concrete pad via anchor bolts. 5. The public art shall be maintained by the owner or his or her successor in interest in a manner acceptable to the City. The artwork will be maintained and managed in accordance with the recorded contract between the City and the property owner and as conditioned in the draft Resolution. 6. The public art shall meet all applicable Building Code requirements. The artwork will be designed and installed to satisfy applicable Building Code requirements. D. DESIGN REVIEW NMC Section requires a Design Review Permit for public art pieces. Although intended to guide in the review of publicly-sited art, the Public Art Master Plan includes 5

6 PL Mayacamas Shops Public Art 6 13 criteria for selecting public art that are also applied to privately sited art installations. The following is a list of applicable criteria followed by Staff s analysis of how the criteria have been satisfied. Four of the criteria were specific to public installations and are not included in this discussion. 1. Public art shall be an original work in any variety of media produced by an artist which may include sculpture, murals, photography, and original works of graphic art, water features, neon, glass, mosaics, or any combination of forms of media, furnishings or fixtures permanently affixed to the building or its ground, or a combination thereof, and may include architectural features of the buildings such as decorative handrails, stained glass, and other functional features which have been enhanced to be visually appealing. Consistent with this criterion, the two sculptures proposed by the artist are original pieces that will be permanently installed within a shopping center plaza. 2. Public art shall be designed by an artist. As noted in Subsection IV.B.1 of this Report, the proposed artwork is by Adam Wiedmann. 3. Public art shall be located in a public place. The artwork will be located in two locations at the Mayacamas Shops, a shopping center that is located on private property but is accessible to the general public. 4. Public art shall be designed to be site specific and complementary in terms of scale, material, form and content to the immediate and adjacent buildings, landscaping, or other elements so as to complement the site and its surroundings. The artwork also shall be consistent with any corresponding project entitlements. There are two proposed public art pieces: one in the Art Garden and the other at the property s primary entrance. The artwork in the Art Garden is approximately eight feet in height, and two feet in width. The art piece at the entrance to the property is nine feet in height, and three feet in width. The steel sculptures compliment the materials found throughout the development which include metal roofing, metal siding, and cultured stone. The simple and contemporary design and tonal pallet of the sculptures allow them to complement the development and surrounding area. 5. Public art shall be permanently affixed to the property. The artwork will be mounted to a stone block base which is permanently affixed to a concrete pad via anchor bolts. 6. Permanent public art shall meet all applicable Building Code requirements. The artwork will be designed and installed to satisfy applicable Building Code requirements. 6

7 PL Mayacamas Shops Public Art 7 7. Public art shall be a work of the artist s own creation and shall not infringe copyright held by any other creator. The Applicant has indicated that the artwork is an original creation by Adam Wiedmann. 8. Public art shall be appropriate for placement in the public realm, including a diverse audience of all ages. The style, theme, and content of the proposed artwork is appropriate for placement in a public setting and for viewing by diverse audiences of all ages. 9. Public art shall add to the diversity of the City s public art program and diversity among the City s public art program shall be encouraged. The artwork proposed is distinguished from other artworks commissioned by the City and by other private developers in the City. V. ENVIRONMENTAL REVIEW Staff recommends that the Planning Commission determine that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with the following: 1. Section of the CEQA Guidelines (Categorical Exemptions; Class 3), which exempts accessory and appurtenant structures. 2. The exceptions to categorical exemptions identified in Section of the CEQA Guidelines are inapplicable because the land is in an urbanized area with no environmentally sensitive habitats or species of concern on the property, there has been no successive effort to intensify land uses in the area, and no unusual circumstances exist that would pose a reasonable possibility of having a significant effect on the environment, and the project does not involve or affect historic resources. Based on this analysis, no significant environmental effects would result from this project and the use of categorical exemptions is appropriate. VI. REQUIRED FINDINGS The Planning Commission s approval of this project is subject to the required findings in NMC Section relating to Design Review Permits. These findings are provided in the draft resolution attached to the Staff Report. These findings relate to consistency of the project with the General Plan, Zoning Ordinance, Public Art Ordinance, and Guidelines. Staff has determined that the proposed project complies with these findings and the attached Resolution (see Attachment 1) contains the basis for this recommendation. VII. PUBLIC NOTICE Notice of the scheduled public hearing was provided on March 27, 2018, by US Postal Service to all property owners within a 500-foot radius of the subject property. Notice of the public hearing was also published in the Napa Valley Register on March 23, 2018 and 7

8 PL Mayacamas Shops Public Art 8 provided to people previously requesting notice on the matter at the same time notice was provided to the newspaper for publication. The Applicant was also provided a copy of this report and the associated attachments in advance of the public hearing on the project. VIII. STAFF RECOMMENDATION Staff recommends that the Planning Commission: (a) determine that the project is exempt from CEQA pursuant to Section of the CEQA Guidelines; and (b) approve the Design Review Permit based on a determination that the application is consistent with the City s General Plan, Zoning Ordinance, Public Art Ordinance, and other applicable City requirements and policies. IX. ALTERNATIVE TO RECOMMENDATION 1. Continue the application with direction for modifications and allow the Applicant an opportunity to prepare a revised proposal. 2. Direct Staff to return to the Planning Commission with a resolution documenting findings from the hearing record to support denial of the proposed project. X. REQUIRED ACTIONS Final action by the Planning Commission: 1. Adopt a resolution determining that the project is exempt from CEQA and approving the Design Review Permit for public art installation for the Mayacamas Shops at 3270 California Boulevard XI. DOCUMENTS ATTACHED 1. Draft Resolution 2. Project Description and Plans 8

9 ATTACHMENT 1 RESOLUTION NO. PC2018- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A DESIGN REVIEW PERMIT FOR A PUBLIC ART INSTALLATION FOR THE MAYACAMAS SHOPS AT 3270 CALIFORNIA BOULEVARD AND DETERMINING THAT THE ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, on January 22, 2018 the Mayacamas, LLC ( Applicant ), the owner of a commercial shopping center (the Mayacamas Shops ) at 3270 California Boulevard ( Site ), submitted an application (File No. PL ) for a design review permit pursuant to Napa Municipal Code (NMC) Chapter ( Design Review Permit ) for the installation of two stainless steel sculptures on the Site (the Project ) (APN ); and WHEREAS, on August 20, 2015, the Planning Commission approved a design review permit and comprehensive sign program (File No. PL ) (Resolution PC ) for the Mayacamas Shops. At the time of the approval, a specific art piece had not been identified, so the Applicant paid a public art contribution in compliance with the Public Art Ordinance (NMC Chapter ) and Condition of Approval No. 9 of the above-stated resolution. The Applicant has since identified two art pieces and, pursuant NMC Section , is requesting approval of an on-site public art component; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 5, 2018 on the Design Review Permit, where it considered all written and oral testimony submitted to it including a presentation by Staff. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Napa as follows: Section 1. The Planning Commission hereby determines that the Project is exempt from the requirements of CEQA pursuant to Section of the CEQA Guidelines (Categorical Exemption; Class 3), which exempts accessory and appurtenant structures. The exceptions to categorical exemptions identified in Section of the CEQA Guidelines are inapplicable because the Site is in an urbanized area with no environmentally sensitive habitats or species of concern on the property, there has been no successive effort to intensify land uses in the area, and no unusual circumstances exist that would pose a reasonable possibility of having a significant effect on the environment, and the Project does not involve or affect historic resources. Based on this analysis, no significant environmental effects would result from the Project and the use of categorical exemptions is appropriate. Resolution No. PC2018- Page 1 of 5 9

10 ATTACHMENT 1 Section 2. The Planning Commission hereby approves the Design Review Permit as defined on the plans dated January 22, 2018 and submitted as a part of the subject application and makes the following findings in support of the approval: A. The proposed use is in accord with the General Plan and any applicable Specific Plan design policies. The Site is located within the CC-440, Community Commercial General Plan Designation, which provides for commercial uses serving the entire community including retail, restaurants, entertainment, offices, and higher density residential uses. The proposed art installation is consistent with this Designation and is supported by the following General Plan Goal: Parks and Recreation Element Goal PR-7 seeks, [to] recognize the importance of cultural activities as an integral factor in sustaining the community s high quality of life. The installation of an art piece allows for the exhibition of art in a publicly accessible location consistent with this Goal. There are no applicable specific plan design policies. B. The project design is consistent with applicable Design Review guidelines adopted by the City Council. The NMC Subsection B and the Public Art Master Plan establish criteria for public art. The proposed artwork are original sculptures designed by an artist that will be permanently affixed to a site that is accessible to the public, consistent with the criteria established by the NMC and the Master Plan. C. The Design Review Permit is in accord with the applicable provisions of Title 17 of the NMC and will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare. NMC Section requires a Design Review Permit issued in accordance with NMC Section for public art pieces with review criteria established in NMC Subsection B. The proposed art pieces are original sculptures designed by an artist that will be permanently affixed to a site that is accessible to the public, consistent with the criteria established by the NMC. Furthermore, the artwork will be located and installed in a manner that is compliant with life safety regulations and Americans with Disabilities Act (ADA) regulations and will not result in adverse impacts to adjacent properties or to the general health, safety, and welfare of the community. Resolution No. PC2018- Page 2 of 5 10

11 ATTACHMENT 1 Section 3. The Planning Commission s approval of the Design Review Permit is subject to the following conditions: Community Development Department Planning Division 1. The Planning Manager is authorized to determine whether the Applicant is in compliance with the requirements and conditions of the Design Review Permit. 2. The Applicant shall obtain a Building Permit through the Building Division prior to installation of the artwork. 3. Prior to the issuance of a Building Permit for the installation of the artwork, the owner shall enter into a maintenance agreement with the City to be recorded against the property, in a form acceptable to the City Attorney, to ensure that proper maintenance is performed as determined by the Community Development Director. 4. Prior to the issuance of a certificate of occupancy for the Mayacamas Shops, the Applicant shall provide the Community Development Director with proof of installation of the artwork. Upon City s receipt of such proof, the Applicant shall be deemed to have complied with NMC Section C and satisfied Condition 9 of Resolution PC a. If the cost of the public art is lower than the public art contribution amount for the remaining building permits for the project, the developer shall make an in-lieu contribution for the balance of the public art contribution. 5. This entitlement shall be valid for a period of two years following the expiration of the appeal period on the Planning Commission action. In order to avoid expiration of the entitlement, a Building Permit for installation of the artwork must be issued prior to the expiration date. The Applicant may also apply for a discretionary extension of this entitlement prior to the initial two-year expiration, in accordance with the applicable requirements of the NMC. City General Conditions 6. Unless otherwise specifically provided, each condition of approval of this Design Review Permit shall be satisfied prior to issuance of a Building Permit, or if a Building Permit is not required, prior to the commencement of use; however, in the event the subject approval is for a tentative subdivision map or parcel map, each condition shall be satisfied prior to final map approval. Applicant s (and landowner s, if different) execution of the City s improvement agreement with required security may be accepted in lieu of condition completion. Resolution No. PC2018- Page 3 of 5 11

12 ATTACHMENT 1 7. Applicant shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (in accordance with the City s Master Fee Schedule; see individual departments regarding the timing of fee payment requirements). 8. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, plans and specifications or other documents submitted for permit approval, to comply with the General Plan, any applicable Specific Plan, the NMC, City ordinances and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, and the approved tentative map, site plan, plans and specifications, and other approved documents. 9. The time limit within which to commence any lawsuit or legal challenge to any quasiadjudicative decision made by the City is governed by Section of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section , any lawsuit or legal challenge to any quasiadjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. 10. To the full extent permitted by law, the Applicant shall indemnify, defend, release and hold City, its agents, officers, and employees harmless from and against any claims, suits, liabilities, actions, damages, penalties or causes of action by any person, including Applicant, for any injury (including death) or damage to person or property or to set aside, attack, void or annul any actions of City, its agents, officers and employees, from any cause whatsoever in whole or in part arising out of or in connection with (1) the processing, conditioning or approval of the applications relating to the subject property; (2) any failure to comply with all applicable laws and regulations; or (3) the design, installation or operation of project improvements and regardless whether the actions or omissions are alleged to be caused by City or Applicant so long as City promptly notifies Applicant of any such claim, etc., and the City cooperates in the defense of same. 11. If the Applicant is not the owner of the Site, all agreements required to be executed by the City must be executed by the Owner(s) as well as the Applicant. 12. The conditions of Project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions (and mitigations) constitute written notice of the statement of the amount of such fees and a description of the dedications, reservations, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations and other exactions required in connection with the instant approvals has begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. Resolution No. PC2018- Page 4 of 5 12

13 ATTACHMENT Violation of any term, condition, mitigation measure or Project description relating to this approval is unlawful, prohibited and a violation of the NMC and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. 14. Project approval would not have been granted but for the applicability and validity of each and every one of the specified mitigations and conditions, and if any one or more of such conditions and mitigations is found to be invalid by a court of law, this Project approval would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval. 15. Approval of this Design Review Permit will become effective 10 calendar days after the Planning Commission meeting date of April 5, 2018, provided no appeals are received within such 10-day period. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Planning Commission of the City of Napa at a regular meeting of said Planning Commission held on the 5 th day of April 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC2018- Page 5 of 5 13

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