PREPARED BY: Griffen Dempsey DATE OF MEETING: 05/28/2024
SUBJECT:
TITLE
RECOMMEND APPROVAL OF AN ART PERMIT FOR A PROPOSED PUBLIC ART MURAL TO BE PLACED ON THE EXTERIOR OF A PROPOSED MIXED-USE BUILDING AT 1982-1988/1992 23RD STREET, APNS 411-190-024, 411-190-025, & 411-190-047, AND DETERMINE THAT THE PROPOSAL IS CONSISTENT WITH THE REGULATIONS SET FORTH IN CHAPTER 17.63 OF THE MUNICIPAL CODE, ART IN PUBLIC PLACES
CEQA: This project is exempt under CEQA Guidelines section 15061(b)(3) because it will only involve placement of artwork on the exterior of a proposed building and it can be seen with certainty that there is no possibility that the project will have an impact on the environment.
Label
Location: 1982-1988/1992 23rd Street
APN: 411-190-024, 411-190-025, & 411-190-047
PLAN #: PLAN2404-0006
Zoning: SP-1, Commercial Mixed-Use
CEQA: Exempt from CEQA, per Section 15061(b)(3)
Owners: Cesar and Samuel Martinez
Applicant: Cesar Martinez
Staff Contact: Griffen Dempsey, Assistant Planner
Recommendation
Adopt Resolution
Body
REQUESTED ACTION
A request is to review and recommend approval to the San Pablo City Council of an Art Permit for a proposed public art mural to be placed on the exterior of an approved mixed-use building at 1982-1988/1992 23rd Street, APNS 411-190-024, 411-190-025, & 411-190-047. Under Section 17.63.080 of the Municipal Code, following consultation with the City’s Art Curator, the Planning Commission shall review and make a recommendation on the requested Art Permit to the City Council after considering whether the proposal of the public art is consistent with the regulations set forth in the Art in Public Places Ordinance included in Chapter 17.63 of the San Pablo Zoning Ordinance
https://www.codepublishing.com/CA/SanPablo/#!/SanPablo17/SanPablo1763.html#17.63.080 <https://www.codepublishing.com/CA/SanPablo/>
Surrounding Zoning and Land Uses:
The proposed mixed-use development is located in the SP-1: 23rd Street Specific Plan and is designated Commercial Mixed Use. It is in current use as a grocery store and apartments. Surrounding zoning and land uses include:
North: SP-1, Commercial Mixed-Use - Multifamily Residential
South: SP-1, Commercial Mixed-Use - Flower Shop
East: CMU, Commercial Mixed-Use - Single-Family, Two-Family, and Multi-Family Residential (one and two- story)
West: SP-1, Commercial Mixed-Use - Party Supply Store, vacant parcels
Environmental Determination
The project is exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the project will have an impact on the environment since it involves no construction or other activities that could impact the environment. The construction of the proposed mixed-use building upon which the mural will be placed was addressed in Resolution PC 22-07, which determined the project to be categorically exempt from CEQA in accordance with CEQA Guidelines Section 15332, In-Fill Development Projects.
BACKGROUND
The property is 0.46 acres and currently includes a mixed-use building containing a grocery store and two apartment buildings, alongside a vacant lot.
The Planning Commission approved Resolution PC22-07 on October 25th, 2022 approving a Major Design Review and Conditional Use Permit for reduced residential density for a three-story 11,451 square-foot addition with seven additional multi-family residential units and 4,462 square feet of new commercial space alongside an existing two-story, 4,406 square-foot mixed-use building containing two multifamily residential units and 3,370 square feet of commercial space (the “Approved Project”).
The Approved Project is currently undergoing the Plan Check process, and has not yet received building permits or begun construction. The Approved Project site sits across three parcels. A lot merger was approved by City staff on April 22, 2024, and is currently pending final recordation with Contra Costa County.
Chapter 17.63 of the Zoning Code: Art in Public Places regulates and establishes standards for inclusion of art in private development, and is applicable to commercial development, including office and retail uses, industrial and light industrial uses, and any commercial portions of new mixed-use development. As a mixed-use development with a commercial portion exceeding two hundred thousand dollars, the Approved Project at 1982-1988/1992 23rd Street is required to provide publicly visible art on site equal in value to at least one percent of the building development costs of the commercial portion of the building, or pay an in-lieu fee. The applicant for the Approved Project has chosen to provide an on-site artwork, which must receive Planning Commission and City Council approval subject to the Art Permit approval process, as laid forth in Section 17.63.080 of the Zoning Code.
SITE LOCATION AND PROJECT DESCRIPTION
The 20,300 square-foot Approved Project site is in a Commercial Mixed-Use area located in central San Pablo, on the east side of 23rd Street between University Avenue and Dover Avenue. The site fronts 23rd Street and is across the street from the existing commercial building containing La Raza Party Supplies.
The Approved Project involves the expansion of the existing building, which contains the 3,370-square foot La Loma grocery store and two apartments on site, adding seven new residential units and 4,462 square feet of new commercial space to create a 17,591 square foot three-story mixed-use building with a total of nine residential units and 7,832 square feet of commercial space that would front on 23rd Street, with 11 surface parking spaces and eight covered parking spaces in the rear of the property and use of five on-street parking spaces along 23rd Street.
In order to comply with the Art in Public Places Ordinance, the Approved Project sponsor has submitted an application to place a public mural along the façade of the building. Attachment C includes the proposal submitted by the applicant containing a written statement by the artist describing the art, a sample and “to-scale” renderings of the proposed mural, the artist’s resume, and samples of the artist’s past work.
Artist Background
The artist chosen by the applicant to paint the proposed mural is mural artist Jean Bidwell. Bidwell is based in Northern California has been creating murals across the Bay Area for 13 years, with projects in the Peninsula and East Bay. She creates artworks that provide historical perspective on the place where the mural is based, and providing a “sense of place.” Her work encompasses landscapes and structures that have been lost over time, reminding viewers of the historical roots of the place in which they are standing, thus providing a heightened sense of place.
Mural Description
The proposal includes the following statement by the artist describing the theme of the mural:
Features view of San Pablo Bay from Wildcat Regional Park. Imagery of San Pablo’s past will be hidden within the painting of the landscape, including Ohlone Indians, Alvarado Adobe, and the Old City Hall. The imagery of the past will lie beneath elements of the landscape, a faint image of each becoming visible the closer one gets to the mural.
The proposed mural would pay homage to the natural and human history of San Pablo, representing a range of people, places, and landscapes. This proposal fits well with the project location, which affords a large wall space visible to travelers heading north along 23rd Street, as well as patrons of the businesses that will be located in the project.
The mural would be 38 feet and 5 inches long, placed on the south-facing wall of the proposed expanded structure, along the drive aisle and perpendicular to 23rd Street. Attachment C includes “to scale” renderings that depict the exact location of the mural. The mural would be painted using long-lasting exterior paint and the applicant is proposing to install three (3) bullet LED flood lights to illuminate the art piece. The applicant has also provided lighting details as part of the submittal package included in Attachment C.
The City’s Art Curator reviewed the proposed mural and provided the following statement in her consultation role:
The proposed design for the mural appears benign and pleasant. The artist’s prior work representing the area around Lake Merritt was executed with skill and has “stood the test of time,” showing that the artist can execute an artwork that will have longevity. The proposed cost for the mural is more than reasonable. The mural design looks in proportion to the area concerned. In short, the proposal complies with the five stated criteria for a public art permit.
The City’s Art Curator provided further analysis to the public at criteria under the Public Art Ordinance Conformance section below.
This is the second proposal the City has received for the Art in Public Places Ordinance, which was adopted in 2017.The first proposal was a mural on the wall of a new public self-storage facility at 2622 Moraga Road. Other major new commercial developments which have been proposed since the Ordinance was adopted have opted to pay the art-in-lieu fee instead. It is anticipated that the proposed mural would provide a positive visual experience to City residents and anyone passing by the area. The location of the mural is along the 23rd Street commercial corridor, which provides the opportunity for the mural to be enjoyed by many non-residents who pass through and visit the area as well.
GENERAL PLAN CONFORMANCE
The Approved Project site where the art would be located is in the Commercial Mixed Use General Plan designation.
The General Plan describes the Commercial Mixed Use category as follows:
This is a mixed-use designation that includes office, retail, commercial, and public uses. Typical height is expected to be two to three stories. The maximum permitted FAR is 1.5. The residential buildout is assumed at 20 units per gross acre and the non-residential buildout is assumed at an FAR of 0.50. Residential uses are allowed only when the commercial FAR is 0.50 or greater.
The proposed mural is consistent with the Commercial Mixed Use designation and is responsive to the following relevant General Plan Actions and Policies:
Guiding Policy LU-G-6
Promote site sensitive design and pedestrian-oriented activities in mixed-use developments.
Guiding Policy LU-G-8
Foster high quality design, diversity, and a mix of amenities in new commercial, industrial, and entertainment development
Implementing Policy LU-I-19
Require pedestrian-oriented amenities and design in mixed-use areas, such as outdoor seating, plazas, public art, ground-floor retail, and waiting areas (benches and shelters).
The proposed public art will be responsive to the General Plan Actions and Policies for the Commercial Mixed Use land use designation by being compatible with surrounding uses, fostering a high-quality design and providing a visual interest and character to the area.
PUBLIC ART ORDINANCE CONFORMANCE
Chapter 17.63 in the Zoning Ordinance contains the Art in Public Places Ordinance. The provisions of this chapter apply to commercial development, including office and retail uses, and all industrial or light industrial uses, and any commercial portions of any new mixed-use development, with building development costs of two hundred thousand dollars or more, as determined by the Building Official. The provisions of this chapter do not apply to residential projects or the residential portions of a mixed-use project. The Approved Project at 1982-1988/1992 23rd Street is subject to this Ordinance.
The Art in Public Places Ordinance provides two options to satisfy its requirements:
A. Provision of Art. Projects subject to this chapter shall provide publicly visible art on site that is equal in value to at least one percent of the building development costs. In some instances, the cost of artwork may not equate precisely to one percent of the building development costs. If the developer does not spend the entire one percent on public art, the remaining amount shall be contributed to the public arts fund.
B. Alternative to Provision of Art. Developers may choose to make a contribution to the public arts fund in lieu of placing art on their project site. Developers shall allocate an in-lieu amount equal to one percent of the building development costs. The in-lieu fee is to be used for funding of the city’s public art program, as set forth in Section 17.63.090 <https://www.codepublishing.com/CA/SanPablo/>. The in-lieu fee shall be paid prior to issuance of a building permit for the project.
The Approved Project has opted to comply with option A, which is to provide publicly visible art on site. For this requirement, the ordinance outlines public art criteria and regulations. The proposed “art” may include works of art that are created uniquely by an artist and integrated into the development project on a large public scale. Placement of a publicly viewable mural qualifies as an acceptable form of public art under this ordinance. Further, consistent with section 17.63.040, the total investment for the proposed mural is for $5,600, which is 1% of the building cost of the commercial portion of the project, according to the City’s Building Official.
In addition, the proposal must comply with a set of public art criteria as outlined in the Ordinance as follows.
1- Artist Qualifications. The artist is required to have experience and knowledge of monumental-scale art or murals intended for public viewing. The artist’s qualifications will be evaluated and examples of past work may be reviewed to determine whether or not the artist has appropriate experience for the project. Efforts shall be made to reach out to local artists in San Pablo and the broader San Francisco Bay area.
2- Artistic Preference. The determination of artistic preferences is primarily a function of the owner or developer of the property. It is the intent of this chapter to provide for the public display of private art on private property without substituting the artistic preferences of the city for those of the owner or developer of the property. All financial arrangements related to the public art are negotiated between the artist and the developer as contracting parties and shall be verified by a written agreement.
3- Visibility and Locations. Appropriate locations may include, but are not limited to, exterior vehicular entryways to the property, plazas, greenbelts and building facades. The location selected should allow reasonable accessibility to the art, including visibility of the art from the public street. The location shall be exterior and installation of the art piece shall enhance the art and allow for unobstructed public viewing from as many angles as possible. When located in proximity to major traffic thoroughfares, the art should be at a motorist’s scale and oriented toward the view corridor of the motorist. The art shall be an integral part of the landscaping and/or architecture of the buildings.
4- Proportional Size. The art shall be proportional to the scale of the development and designed to create an artistic, visual and aesthetic impact upon observers. Particularly in locations on major thoroughfares and major intersections, the art should be of such size and nature as to strengthen the urban design and aesthetic quality of life in the community.
5- Inoffensive. Because the art will necessarily be highly visible to the public, will be associated with city requirements, and because the traveling public will have no real opportunity to avoid the visual aspects of the art, expressions of obvious bad taste or profanity are prohibited. It is the intent of this criterion to address proposed art which by its nature would generally be considered offensive to the public
The City’s Art Curator has reviewed the proposal and has determined that the proposed art is in general compliance with the criteria listed above. Included in her statement, the Art Curator describes that in regards to the Artist qualifications, the artist has experience in large-scale murals depicting local landscapes as shown in the examples. The depictions of landscapes and historical places and figures are well done, providing a sincere yet optimistic portrayal of the history and land of the Bay Area. The location shown on the proposal appears to be in compliance with the location requirements. The mural would be visible from the street and it covers a large area of the building’s façade. The scale looks appropriate, as it covers the entirety of a blank wall perpendicular to a major thoroughfare on 23rd street. The color palette is neutral, focusing on natural tones of the regional landscape, which complements the earth tones proposed for the building. The landscape chosen, representing Wildcat Canyon Regional Park and the view over San Pablo, provides a legible composition, with historical structures that are significant to San Pablo’s past placed thoughtfully within the landscape. Ohlone people are depicted in a free-form manner within the clouds, drawing in the imagination in the interpretation of the artwork. The muralist has spent some time in considering the subject matter and their symbolic use.
Section 17.63.080 of the Art in Public Places Ordinance outlines the Art Permit approval process. An Art Permit is required for installation of public art in private development. The proposed public art must be reviewed and approved by the City Council after a recommendation from the Planning Commission and consultation with the City Art Curator. The budget for the proposed public art must be approved to ensure that only eligible expenditures are proposed and that such expenditures total the amount of the public art contribution. As described under the mural proposal section, the Art Curator has provided her consultation remarks on the proposed mural, and the Planning Commission will provide a recommendation to the City Council which is the final decision-making body for the Art Permit.
CONCLUSION
Staff recommends that the Planning Commission review the proposed Art Permit application and recommend that the San Pablo City Council approve the Art Permit for the proposed public art mural to be located at the mixed-use development which is to be built at 1982-1988/1992 23rd Street, APNS 411-190-024, 411-190-025, & 411-190-047. The Planning Commission shall recommend approval to the City Council which shall consider approval and determine that the proposal of the public art is consistent with the regulations under the Art in Public Places Ordinance. The attached Planning Commission Resolution PC24-09 includes conditions of approval for the installation of the mural, including compliance with the installation and maintenance requirements outlined in Section 17.63.70 of the Art in Public Places Ordinance.
Based on the analysis presented above, staff finds that the public art proposal is consistent with the requirements for providing public art on site for a new commercial development that is subject to the Art in Public Places Ordinance. Overall, the proposal will provide a positive visual experience to City residents and others visiting the area and it will continue a recent trend of promoting additional art in public places.
ATTACHMENTS
A. Resolution PC24-09
B. Site Location Map
C. Resolution PC22-07, Mixed-use development approval and plan set
D. Mural Proposal Packet: Description of the mural, to-scale renderings of the proposed art piece, artist resume, artist’s past work.