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HomeMy WebLinkAbout05/04/2004, PH2 - APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION MODFIYING THE LOCATION OF PROPOSED PUBLIC AR council M.&qD� j agenba Repout ]�N,� CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direct PREPARED BY: Philip Dunsmore, Associate Planner SUBJECT: APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S . ACTION MODFIYING THE LOCATION OF PROPOSED PUBLIC ART FOR 12150 LOS OSOS VALLEY ROAD, COAST BMW/NISSAN. (AP 148-01) ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION Adopt resolution "A", denying the appeal, upholding the Architectural Review Commission's determination to relocate the proposed public art to the comer of Los Osos Valley Road and Auto Park Way subject to findings and conditions. CAO RECOMMENDATION Adopt resolution `B", upholding the appeal, and upholding the Art Jury's recommendation to allow the public art at the proposed location in front of the building subject to findings and conditions. DISCUSSION Situation Coast BMW and Nissan auto dealership on Los Osos Valley Road is currently under construction and as part of the construction project a public art installation has been proposed. The City's Art Jury approved the design (a metal sculpture) for the proposed public art on February 13, 2004. The Jury recommended that it be forwarded to the Architectural Review Commission (ARC) to be approved as proposed. The ARC reviewed the proposed sculpture for consistency with the City's Art Guidelines and recommended the location of the art be moved to the corner of Los Osos Valley Road and Auto Park Way rather than the applicants desired location in front of the building. (see Attachment 4 ARC meeting minutes and Attachment 6, ARC staff report) The applicant has now appealed the ARC's determination and would like the art to remain at the front of the building as approved by the Art Jury. Analysis The location of the art was discussed by the Jury in great detail prior to providing direction to the ARC. The City's Art guidelines state: "Public art shall be located within public right-of-way, or shall otherwise be easily visible or accessible from a public right-of-way." Council Agenda Report=Appeal of ARC determination for Public Art at 12150 Los Osos Valley Road (Coast BMW/Nissan) Page 2 Since the applicant's proposed location was in front of the building directly adjacent to the main driveway entrance to the building, and clearly visible to the public right of way, the Jury recommended approval of the art with the following direction: "Don't crowd the sculpture up against the light standard or the storefront, location should be closer to the street, however should not be placed in a location that may be subject to vandalism." At the ARC hearing, some of the commissioners felt that moving the art to the front of the site at the edge of the street was the logical solution to gain compliance with the Art Guidelines without requiring any significant changes to the applicant's site plan. Commissioners felt that the revised location would help the art piece be more visible. Other Commissioners felt that the scale of the art was too small to be enjoyed at the street corner since this location is a busy arterial street with no pedestrian orientation. They felt that the sculpture should be viewed tip close within a pedestrian oriented location such as the location near the storefront. The Commission voted 4-2 to move the sculpture to the comer location close to the street. The dissenting commissioners favored the location closer to the building as supported by the applicant and endorsed by the Art Jury. During the discussion of the sculpture's placement, the applicant voiced concerns regarding vandalism if the art was at the edge of the street, too far from the security and lighting of the building. The original art location was chosen to maximize pedestrian traffic exposure while remaining close to the main entrance and visible from the street (see Attachment 2, proposed site plan). Conclusion Both locations for the proposed public art can be found to be consistent with the City's guidelines for the placement of public art within private development. The ARC preferred location provides merits for its ample visibility at this prominent corner on Los Osos Valley Road. The scale of the art and the nature of this location, however, would reduce the public benefit of the art. This is not a pedestrian oriented location and heavy traffic volumes pass this location at a high rate of speed. The art piece is designed as a pedestrian scale sculpture. The height of the sculpture is just over 7 feet and the metal work of the design contains detailed artwork intended for pedestrian scale viewing. The proposed location at the front of the Nissan building would be visible from the public right of way and would be readily accessible to the public. Considering the scale of the art and the nature of the site, the logical location of the sculpture is in front of the Nissan building and not at the comer of Los Osos Valley Road and Auto Park Way. CONCURRENCES The Art Jury found the location of the art to be conditionally consistent with the City's Art Guidelines. a-� Council Agenda Report—Appeal of ARC determination for Public Art at 12150 Los Osos Valley Road (Coast BMW/Nissan) Page 3 FISCAL IMPACT The proposed art is a privately sponsored project and therefore will not create City fiscal impacts. ALTERNATIVES 1. Continue the item for additional analysis or research. 2. Deny the appeal and uphold the Architectural Review Commission's determination regarding the location of the public art. ATTACHMENTS Attachment 1: Vicinity Map Attachment 2: Reduced scale site plan and project details Attachment 3: Appeal form Attachment 4: Architectural Review Commission meeting minutes Attachment 5: Architectural Review Commission approval letter Attachment 6: Architectural Review Commission staff report Attachment 7: Resolution "A" denying appeal and approving art at the corner location Attachment 8: Resolution `B" upholding appeal and approving art at the front of the building G:\GROUPS\COMDEV\CD-PLAN\Pdunsmore\ARC\ARC\148-01 (1484 Auto Park SL Nissan-BMW)\AP CC 148-01 5-04-04.doc a- � R-3 Attachment 1 A 1 -1 R-3 1 BJP PF C-R 9� g+ J� P . C-S-PD C-S C-S 0 C-T C-T C/OS VICINITY MAP ARC PA 148-01 N 1464 Auto Park Way A Attachment 2 H s N o w CI-El Cl-C-1 DO Q,O O 00 O O O MrTm o z o i cz � CQ o ❑ o � 0 � O W 0=O 6 3�N�?J1N31r«W o•o o O J O a-� Attachment 2 COAST BMW NISSAN Public Art Proposal by Sculptor Jim Jacobson Three separate design proposals were presented to Coast BMW NISSAN. One related to the environment, one to the building's architecture and the one chosen related to the environment and the business. A sphere shaped steel sculpture with a powder coated bronze finish(Bronze Hammerton Semi-Gloss)and UV protective coat was selected. The sphere"floats"on a square pedestal (2'X2'X2')with water flowing over the four comers of the pedestal to give the sculpture a floating sensation. The sphere is five feet in diameter and reaches 8 feet above ground The sphere contains eight sections each with design elements. The first three-design elements acknowledge the backdrop behind the auto dealership of three of the seven sister mountains: • San Luis Mountain with cut out mission bell image denoting the mountain's namesake. • Bishop Peak Mountain with image of the bishop's hat denoting the mountain name. • Chumash Peak with Chumash pictograph image portraying its name after the local Native American tribe. The other five sections depict themes associated with vehicles. • Vehicle wheels from the 1928 BMW 3/15,the 1934 BMW 3/20 and the 2003 BMW wheel. • Vehicle tire designs from 1903, 1920 and 1925. • Vehicle light designs from the 1934 BMW 3/20, 1935 Datsun 14, 1972 BMW, and the 2003 BMW Z 4. • A collage of machines gear shaped disks. • A collage of BMW's roundel logo and the Nissan logo. The location will be near the entrance in front of the show room window facing Los Osos Valley Road(see attachment). The water element will be by California Water Gardens. Stainless steel foundation bolts will connect the sculpture to the concrete base. &-Lp Attachment 2 5 \ u � z ° 3 it \ N W t 01� x I z E — Ln 0. 1 Imo... .. ......_ ..._ ..._� � �... Attachmeq 2 N 3 y � as OA •� • ;� �. p .• Q r/i fn •11� lC66 F�1 • FFArr G •w• •ap16. • w r• y ••► O � F M � � .-. N es' a • • •. Ift r ' .. 'n cn a N w caq Fol ttachment 2 "La-1 WA Sol d p 3 O .00 O • po'y n II bO •� �I I e LI a. z �- IJ UUl 09/19/2004 16:08 FAX 805T81TI SAN LUIS ADMIN Attachment 3 Filing Fee: L EI ED MAK 2 3 1004 City 0f 1VJZRTOSESLO CITY CLERK Sari LUIS OBISPO - APPEAL TO THE CITY COUNCIL FCoAST N 1. APPELLANT INFORMATION 12100 and 12150 Los Osos Dalley Road San Luis Obispo, CA 93401 NISSAN/BMW Malling Address and Zlp Cade 543-4423 Phone Fax ASSOCIATES, INC. C. M. Florence, AICP 3427 Miguelito Court, SLO, CA 93401 Rap res M211 's Name [yAaifing Address and Zip Code Agent 805-541-4509 805-546-0525 I Title Phone Fax SECTION2 SUILIECTOFAPPEAL i. In aocordanoe with the procedures hereby seforth InTiitle 1,Chap decision the the San LUIS Obispo Municipal Code(copy attached), y appeal Architectural Review Commission (Name of Officer,Committee or Commission decision being appealed) 2. The date the decision being appealed Was rendered: 15 March 2004 3. The application or protect was entitled: public Art for new auto dealership 4. t discussed the matter with the following City staff member: 26 March 2004 Phil Densmore (DW-0)(SW hers Name end DepaMeM S. Has this chatter been the subJect of a previous appeal? If so,when was It heard and try whom: N/A SECTION 3. REASON FOR APPEAL Explain spedriically what ao *t%/$you are appealing and why you believe the Council should consider'�r appeal. Include what en you have that supports your appeal. You may affaCh addffJonaf Pager necessary. This fonn owlinues on 1F►e other side. Page 1 of 3 a - Io 03/19/2004 16:08 FAX SOST81TI" SAN LUIS A.DNIIN SUU& 'e. Attachment 3 Reason for AppaW coed bued Applicant disagrees that the proposed location for the public art should be moved tothe corner of Los 05os valley Road and Auto Parkway. MIN, W. ge _b "W6 Ir your, RR 91 Tk .. •..... M It 11.1 U This kem Is hereby cakwodarod for 26LI 0. City AVAMY My AdminiaMMn Officer Deparbnent Head Advisory Body Chairperson q1tyA erk o �n aPage 2 of 3 am ARC Minutes Attachment 4 March 15,2005 Page 2 PUBLIC COMMENT: There were no comments made from th public. COMMISSION COMMENTS: Vice-Chair Boudreau moved final awr val based on the findings and sub'ect to the conditions in the staff report, with C ndition 2 eliminated; Condition 13 added to increase .the size and design guality of a break area that would be assessable to the user of the complex, to the discretio of the desiciner and reviewed by staff: with consideration given to a reduction of u o four parkinci spaces if needed: add Condition 14. to provide landscaping at the back building 3 consisting of five planters designed with space for significant shrubs or sm II ornamental trees; and amend Condition 3 to include that trash enclosures could be located outside the street yard.. Seconded b Commr. Howard.. The Commission suggested that a cond tion be maintained that the signage come back to the ARC. AYES: Commrs. Lopes, Howard, ilhelm, Boudreau, Smith, and Stevenson NOES: None ABSENT: Commr. Root ABSTAIN: None The motion carried on a 6:0 vote. 2. 888 Ricardo Court. ARC 190-03 Review of development of eight commercial tenant space buildings and site improvements; M zone; Quaglino Properties, applicant. (Phil Dunsmore) (To be ontinued to a date uncertain.) This item was continued without discu sion to a date uncertain because environmental initial study has not yet been complete 3. 1464 Auto Park Way. ARC-PA 148-01; Review of public art for a new auto dealership; C-S-PD zone; Gordon Giacomazzi, applicant. (Phil Dunmore) Associate Planner Philip Dunsmore presented the staff report requesting the Commission to find that the proposed artwork meets the City's Guidelines for Public Art in Private Projects. Carol Florence, Project Planner, gave a brief presentation of`the proposed art. Jim Jacobson, project sculptor, described the proposed sculpture and its function. He gave a brief history on how they came to choose this particular piece and what each of the abstracts represent. r I Attachment 4 ARC Minutes March 15,2005 Page 3 Jim Trast, California Water Gardens, explained how the water would flow through the pump and out through the sculpture. PUBLIC COMMENT: There were no public comments. COMMISSION COMMENTS: Commr. Lopes moved the staff recommendation, with additional conditions: Condition 5. The artwork shall be located at the comer landscape area at Los Osos Valley Road and Auto Park Way: Condition 6. The artist shall replace the panel with logos with a panel that is not product.specific, which would be true to public art intent. Add condition 7. to select a height, given the slope at the site and location near the street to highlight the sphere, and add up-lighting. Seconded by Commr. Howard. Vice-Chair Boudreau felt this is the wrong piece for the location and felt it should be for vehicle viewing, and could not support the motion. Commr. Smith concurred with Commr. Boudreau and could not support the motion. AYES: Commrs. Lopes, Howard, Wilhelm, and Stevenson NOES: Commrs. Boudreau and Smith ABSENT: Commr. Root ABSTAIN: None. The motion carried on a 4:2 vote. COMMENT & DISCUSSION: 4. Staff Agenda Forecast: Planner Dunsmore gave an agenda forecast of upcoming projects. 5. Commission A. Minutes The minutes of July 7, 2003, were approved as submitted. B. Recent Project Review— Lessons Learned Chairperson Stevenson commented on a response by an applicant from lessons learned. a - t3 ���Il�plllll�l �I�� Attachment 5 II �IIII oaspo GI O Sa1�11�1S 990 Palm Street, San Luis Obispo, CA 93401-3249 March 17, 2004 Gordon Giacomazzi 1464 Auto Park Way San Luis Obispo, CA 93405 SUBJECT: ARC 148-01: 1464 Auto Park Way Review of public art for a new auto dealership Dear Mr. Giacomazzi: The Architectural Review Commission, at its meeting of March 15, 2004, granted final approval to your project, based on the following findings and subject to the following conditions: Findings 1. The proposed public art meets the criteria as established by the City's Art in Public Places Policy, and is compatible with the immediate site and neighborhood in terms of architectural scale, materials, land use and the site's historical and environmental context. 2. The sculpture does not conflict with the public art policy in incorporating automotive logos, since the logos are done in an artistic and historical fashion and are not representative of company advertising. 3. The public art application complies with the standards set forth in the Community Design Guidelines. Conditions 1. Locate the art at the corner of Los Osos Valley Road and Auto Park Way within the proposed landscape area. 2. Install lighting designed to illuminate the sculpture from lights installed on the ground below the sculpture. 3. Modify the base height to respond to the new site and place the sculpture at an appropriate height considering the slope and location. 4. Modify the panel with the automotive logos and replace logos with a non product specific design. OThe City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. ' `T ARC 14a-o1 Attachment 5 Page 2 5. The property owner is responsible for providing all maintenance necessary to preserve the public art in good condition, and to protect it against physical defacement, mutilation, or alteration. Maintenance shall also include securing and maintaining fire and extended coverage insurance and vandalism coverage, as appropriate. Prior to placing the art, the applicant and owner of the site must execute and record a covenant requiring public art maintenance. 6. Public art installed or integrated into a construction project may not be removed or altered without the approval of the City Council. If the art is to be removed, an in-lieu fee equal to the original art requirement must be provided to the City for deposit into the City's Art In- Lieu account, or replace the artwork with one of comparable value approved by the City Council. The decision of the Commission is final unless appealed to the City Council within 10 days of the action. Any person aggrieved by the decision may file an appeal. Appeal forms are available in the City Clerk's office, or on the City's website (slocity.org). The fee for filing an appeal is $100.00, and must accompany the appeal documentation. While the City's water allocation regulations are in effect, the Architectural Review Commission's approval expires after three years if construction has not started, unless the Commission designated a different time period. On request, the Community Development Director may grant a single one-year extension. If you have questions, please contact Phil Dunsmore at 805-781-7522. Sincerely, cal. /GU Pamela Ricci, AICP Senior Planner Community Development cc: County of SLO Assessor's Office C.M. Florence, Oasis Associates, 3427 Miguelito Court, San Luis Obispo, CA 93401 Joseph Cardinale, Tre etal, 500 Auto Circle Way, Salinas, CA 93906 a- 1� Attachment 6 CITY OF SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT Item #3 BY: Phil Dunsmore, Associate Planner MEETING DATE: March 15, 2004 FROM: Ron Whisenand, Deputy Directc6o FILE NUMBER: ARC PA 148-01 PROJECT ADDRESS: 12100 Los Osos Valley Road SUBJECT: Architectural Review of a public art sculpture proposed for the new Coast BMW/Nissan auto dealership at 12100 Los Osos Valley Road (LOVR). RECOMMENDATION: Find that the proposed artwork meets the City's Guidelines for Public Art in Private Projects. BACKGROUND: Situation Coast BMW and Nissan auto dealership on Los Osos Valley Road is currently under construction and as part of the construction project a public art installation has been proposed. Data Summary Address: 1464& 1484 Auto Park Way Applicant: Gordon Giocomazzi Representative: Oasis Landscape Architecture and Planning Zoning: C-S-PD General Plan: Services &Manufacturing Site description The project site for Coast Nissan/BMW is located at the north corner of Auto Park Way and LOVR. The site is presently in the final phase of construction for the development of new showrooms and service centers for the Nissan and BMW dealerships. The proposed site of the public art will be in front of the showroom for the Nissan Building near the corner of LOVR and Auto Park Way as shown in the site plan, Attachment 2. Project description The proposed art is a sphere shaped steel sculpture with a powder coated bronze finish by Sculptor Jim Jacobson (See Attachment 3). The sphere is mounted onto a square pedestal within a trough with water flowing over the four comers of the pedestal into the trough to give the sculpture a floating sensation. The sphere is five feet in diameter and reaches 8 feet above ground. The pedestal is approximately 2 feet tall and 2 feet wide and will be finished with a slate tile. The sphere contains eight sections, each section with a design element. Five of the sections a- Icp Attachment 6 location chosen for the art will be at the main entrance for the business from Los Osos Valley Road. 2. Interior locations for public art shall be freely open and accessible to the public. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. The artwork is exterior to the building and is located at the main driveway entrance to the site. The art's location, within the City's automobile sales district fits the character and scale of the art. The art's materials and color are compatible with the architecture in the vicinity. 3. The design and placement of public art shall not impede pedestrian or vehicle traffic,or conflict with public or private easements. The Public Art location as recommended will be within private property and out of the way of pedestrian and vehicle travel, and is not located in an easement area. 4. Consideration shall be given to any public safety or public health concerns created by the artwork. Installation of the sculpture will not result in any adverse effects on the environment as the setting is within a developed auto sales facility and within an urban setting. No impacts to the public health, safety or welfare are anticipated. 5. Public art shall be integrated with the site, and include landscaping,lighting, interpretive information and other amenities where appropriate. The sculpture will be placed on a permanent foundation, mounted to a pedestal within a water feature. 6. Public art shall be securely installed. The sculpture is made of steel with a bronze colored powder coat finish designed for durability. The installation is mounted onto a concrete and file pedestal with stainless steel hardware. Minimal maintenance is anticipated. Community Design Guidelines Chapter 6.4 of the Design Guidelines discusses the procedural criteria for the selection and placement of public art. As proposed, the art proposal is consistent with the guidelines. Section C of Chapter 6.4 requires public art on private property to be maintained by the property owner. The proposed project conditions dictate the maintenance requirements as discussed in the guidelines. RECOMMENDATION Find that the public art for Coast Nissan and BMW meets the criteria for public art and approve the art installation project subject to the following findings and conditions: Findings: 1. The proposed public art meets the criteria as established by the City's Art in Public Places Policy, and is compatible with the immediate site and neighborhood Attachment 6 will depict themes associated with vehicles and three of the sections will acknowledge the scenic backdrop behind the auto dealership. i , VM �! 90 nwaa wrr. 1 X x 2.') ad ze �a4L+2 71WlU/ _ I I I EVALUATION In accordance with City policy, a Public Arts Jury was selected and reviewed the art proposal. The proposal was reviewed for the appropriateness of scale, form and design as well as its relationship to the historical identity of the neighborhood. The Jury also evaluated materials for longevity and safety and the artist's experience. The design for the proposed public art was approved by the Jury on February 13, 2004. The Jury recommended that it be forwarded to the ARC with the following considerations: 1. location: Don't crowd the sculpture up against the light standard or the storefront, location should be closer to the street, however should not be placed in a location that may be subject to vandalism. 2. Art as signage: The art contains some historic automotive logos and older company logos, however the abstract use of the logos are an art form and do not act as a corporate logo. Therefore, the use of the design is appropriate as proposed. 3. Pedestal base: The pedestal base should be faced with an earth tone slate. The City's Public Art Policy designates the ARC to evaluate the proposal for very specific criteria. Staff has provided statements (in italics) identifying whether the proposal meets the criteria, which the Commission can adopt or modify as desired. 1. Public art shall be located within public right-of-way, or shall otherwise be easily visible or accessible from a public right-of-way. The Public Art will not be within the public right of way, however it will be highly visible as it will be located in front of the building on a relatively open site near the corner of Auto Park Way and Los Osos Valley Road, within a busy traffic corridor. The site oq' R Attachment 6 in terms of architectural scale, materials, land use and the site's historical and environmental context. 2. The sculpture does not conflict with the public art policy in incorporating automotive logos, since the logos are done in an artistic and historical fashion and are not representative of company advertising. 3. The public art application complies with the standards set forth in the Community Design Guidelines. Conditions: 1. The base shall be tiled with an earth tone slate or similar tile that complements the sculpture. 2. The design and placement of the sculpture shall be consistent with the approved site plan and sculpture concept as attached within the exhibits. 3. The property owner is responsible for providing all maintenance necessary to preserve the public art in good condition, and to protect it against physical defacement, mutilation, or alteration. Maintenance shall also include securing and maintaining fire and extended coverage insurance and vandalism coverage, as appropriate. Prior to placing the art, the .applicant and owner of the site must execute and record a covenant requiring public art maintenance. 4. Public art installed or integrated into a construction project may not be removed or altered without the approval of the City Council. If the art is to be removed, an in-lieu fee equal to the original art requirement must be provided to the City for deposit into the City's Art In-Lieu account, or replace the artwork with one of comparable value approved by the City Council.. ATTACHMENTS Vicinity Map Partial Site Plan Artist's description Proposed art design Art Jury rating sheets G:\GROUPS\COMDEV\CD-PLAWdunmom41RC\ARCU48-01(1484 Auto Park SL Nissan-BMR)\Public Art 3-15-04(2).doc I A,, 11 Attachment 7 RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL, THEREBY UPHOLDING THE DETERMINATION OF THE ARCHITECTURAL REVIEW COMMISSION AP-148-01 WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 4, 2004 pursuant to the appeal received on March 23, 2004; and WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the appellants, and evaluation and recommendations by staff, the Art Jury and the Architectural Review Commission; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposed public art meets the criteria as established by the City's Art in Public Places Policy, and is compatible with the immediate site and neighborhood in terms of architectural scale, materials; land use and the site's historical and environmental context. 2. The sculpture does not conflict with the public art policy in incorporating automotive logos, since the logos are done in an artistic and historical fashion and are not representative of company advertising. 3. The public art application complies with the standards set forth in the Community Design Guidelines. SECTION 2. Action. The Council hereby denies the appeal thereby requiring the public art to be placed at the corner of Los Osos Valley Road and Auto Park Way, consistent with the determination of the Architectural Review Commission, subject to the following conditions of approval: 1. Locate the art at the corner of Los Osos Valley Road and Auto Park Way within the proposed landscape area. 2. Install lighting designed to illuminate the sculpture from lights installed on the ground below the sculpture. 3. Modify the panel with the automotive logos and replace logos with a non-product specific design. r� Resolution No.XXXX (2004 s._-S) Attachment 7 Page 2 4. The design and placement of the sculpture shall be consistent with the approved site plan and sculpture concept as attached within the exhibits. 5. The property owner is responsible for providing all maintenance necessary to preserve the public art in good condition, and to protect it against physical defacement, mutilation, or alteration. Maintenance shall also include securing and maintaining fire and extended coverage insurance and vandalism coverage, as appropriate. Prior to placing the art, the applicant and owner of the site must execute and record a covenant requiring public art maintenance. 6. Public art installed or integrated into a construction project may not be removed or altered without the approval of the City Council. If the art is to be removed, an in-lieu fee equal to the original art requirement must be provided to the City for deposit into the City's Art In-Lieu account, or replace the artwork with one of comparable value approved by the City Council. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2004. David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jonathon Lowell City Attorney �' a Attachment 8 RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL,THEREBY ALLOWING PUBLIC ART AT THE FRONT OF THE NISSAN BUILDING AT 12150 LOS OSOS VALLEY ROAD AP-148-01 WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 4, 2004 pursuant to the appeal received on March 23, 2004; and WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the appellants, and evaluation and recommendations by staff, the Art Jury and the Architectural Review Commission; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposed public art meets the criteria as established by the City's Art in Public Places Policy, and is compatible with the immediate site and neighborhood in terms of architectural scale, materials, land use and the site's historical and environmental context. 2. The sculpture does not conflict with the public art policy in incorporating automotive logos, since the logos are done in an artistic and historical fashion and are not representative of company advertising. 3. The public art application complies with the standards set forth in the Community Design Guidelines. SECTION 2. Action. The Council hereby upholds the appeal thereby allowing the public art to be placed at the front of the Nissan Building as shown on the applicant's site plan, subject to the following conditions of approval: 1. Install lighting designed to illuminate the sculpture from lights installed on the ground below the sculpture. 2. Modify the panel with the automotive logos and replace logos with a non-product specific design. 3. The design and placement of the sculpture shall be consistent with the approved site plan and sculpture concept as attached within the exhibits. a-a�- Resolution No.XXXX (2004§,_e's) Attachment 8 Page 2 4. The property owner is responsible for providing all maintenance necessary to preserve the public art in good condition, and to protect it against physical defacement, mutilation, or alteration. Maintenance shall also include securing and maintaining fire and extended coverage insurance and vandalism coverage, as appropriate. Prior to placing the art, the applicant and owner of the site must execute and record a covenant requiring public art maintenance. 5. Public art installed or integrated into a construction project may not be removed or altered without the approval of the City Council. If the art is to be removed, an in-lieu fee equal to the original art requirement must be provided to the City for deposit into the City's Art In-Lieu account, or replace the artwork with one of comparable value approved by the City Council. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT:. The foregoing resolution was adopted this day of , 2004. David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: n Lowell City Attorney � -�3 RECEIVED APR 2 7 2004 council memoi.an6um SLOCITY CLERK DATE: April 27, 2004 TO: City Council VIA: Ken Hampian, CAO FROM: John Mandeville, Community Development Direct BY: Philip Dunsmore, Associate Planner SUBJECT: Red File Memo, ARC 148-01 1464 Auto Park Way The above referenced item, an appeal of the Architectural Review Commission's determination on the location of Public Art, is scheduled for the City Council hearing of May 4t', 2004. Staff has received a request from the appellant to continue the item to the City Council hearing of June 1, 2004 since the appellant will be out of the country at the scheduled time. Staff concurs with the request and recommends the item be continued as requested. RED FILE MEETING AGENDA DATE-q'tk ITEM #�A UNCIL ,z'CDD DIR SAO ? FIN DIR ,'ACAO Z'FIRE CHIEF Z'ATTORNEY $PW DIR tfCLERWORIG -L11'POLICE CHF ;WT HEADS ZOREC DIR lL t'f"UTIL DIR D I F Council Red File: RECEIVED APR 2 7 2004 O A S 1 S LANDSCAPE SLO CIN CLERK ARCHITECTURE AND PLANNING April 23, 2004 Ms. Lee Price, City Clerk CITY OF SAN LUIS OBISPO 990 Palm Avenue San Luis Obispo, CA 93401 RE: ARC 148-01 1464 Auto Park Way—Appeal to City Council Coast BMW Nissan, Gordon Giacomazzi - Applicant Dear Lee, Currently, the above referenced appeal,regarding the location of public art,is scheduled for the Tuesday,May 4, 2004 City Council meeting. The applicant will be out of the state on business at that time. His presence is required during the hearing of this appeal. It is our understanding the legal notice has not been distributed..To that end,we respectfully request this item be rescheduled to the Tuesday,June 1, 2004 City Council meeting. Should you have any questions or need any additional information, please don't hesitate to contact me. Thank you in advance for your positive response to this matter. CR e SS IATES, INC. C.M. e, AICP, Agent Coast BMW Nissan c: G. Giacomazzi 01-0062 805.541.4509 ' FAX 805.546.0525 3427 MIGUEUTO CT SAN LUIS OBISPO CALIFORNIA 93401 mn a2m.coos xm