1 TO: Planning Commission
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, AICP, Community & Economic Development Director
MEETING DATE: August 15, 2023
SUBJECT: Discussion and Consideration of Zoning Text Amendment No. 2023-08, an Ordinance of the City Council Approving Zoning Text Amendment 2023-08 Amending Various Sections of Lomita Municipal Code Title XI (Planning and Zoning) to Regulate Murals Citywide (first reading)
RECOMMENDATION
After the City Attorney reads the title, and after receiving public comment, if any, introduce on first reading Ordinance No. 855- Zoning Text Amendment 2023-08 and find the item exempt from the California Environmental Quality Act (CEQA).
BACKGROUND
Since July 1, 2021, the City has removed more than 110 instances of graffiti, a code violation, throughout the City. It is the City’s intent to remove graffiti in a timely manner to both improve and maintain the aesthetic quality of the community and to deter crime and other hazards.
As part of the efforts of property owners to both beautify their properties, and to deter graffiti on their private properties, Staff has received requests to install murals on private buildings. Requests range from general flower paintings to Lomita-specific art. Currently, the Lomita Municipal Code lacks the following basic guidance regarding murals:
• Allowance of murals outside of a relatively small zone • Maintenance responsibilities & update provisions
• Places where murals may be permitted or encouraged (ex: blank walls, construction barricades, parking garages, etc.)
• Development standards (size, height, thickness, color, material, etc.) Item No. PH 9a
CITY OF LOMITA
PLANNING COMMISSION REPORT
2 On March 21, 2023, staff presented this information along with visual examples to the City Council. The City Council directed staff to return with a draft ordinance expanding and regulating mural allowance throughout the City.
In addition to murals on private property, Public Works is also working on a plan regarding murals within the public right-of-way, such as on public property or utility boxes where allowed. The right-of-way study also considers other public improvements such as crosswalk design, City entry signs, and utility undergrounding, and will be presented to the City Council for discussion at a future date.
ANALYSIS
Staff researched mural programs in 23 other jurisdictions and found a host of trends regarding private property murals. At the March 21, 2023, City Council meeting, staff presented a palette of options the City Council may wish to incorporate into Lomita Municipal Code. On July 10, 2023, the Planning Commission reviewed and recommended approval of the draft ordinance (see Attachment 1) without amendments.
Every mural that may be displayed within the city is required to go through Site Plan Review and approval by the Planning Commission, which may add special conditions of approval and specify provisions for damage prevention and mitigation. The current Fee Schedule lists the Site Plan Review application fee at $1,612.50.
CEQA
The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the permitting and minor alteration of existing facilities. The Ordinance would not result in any expansion of existing commercial uses or of the public’s use of the City’s right-of-way. Alternatively, the adoption of this ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
PUBLIC NOTICE
Notices of this hearing were published in The Daily Breeze newspaper, and posted at City Hall and Lomita Park.
OPTIONS
1. Recommend approval to the City Council as recommended by staff.
2. Recommend approval to the City Council with amendments.
3. Provide staff with further direction.
3 ATTACHMENTS
1. Draft Ordinance
2. Lomita Municipal Code Redlined
Reviewed by: Approved by:
___________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
_________________________
Brianna Rindge, AICP
Community & Economic Development Director
ORDINANCE NO. 855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 2023-08
AMENDING VARIOUS SECTIONS OF LOMITA MUNICIPAL CODE
TITLE XI (PLANNING AND ZONING) TO REGULATE MURALS
CITYWIDE AND FINDING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Section 1. Recitals
A. Chapter 1 of Title XI of the Lomita Municipal Code establishes allowable uses, definitions, and development standards of properties within all zoning districts in the city.
B. The proposed zoning text amendment 2023-08 is an update to the Lomita Municipal Code to allow for murals within any zoning district of the city.
C. On March 21, 2023, staff presented this information along with visuals at the City Council meeting. The City Council directed staff to return with a draft ordinance expanding and specifying mural allowance throughout the city.
D. On July 10, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-08 (initiated by the City of Lomita), where public testimony was accepted on the item and after deliberations the Planning Commission recommended that the City Council approve the requested Zoning Text Amendment.
E. On August 15, 2023, the City Council considered Zoning Text Amendment No. 2023-08 to amend Lomita’s Municipal Code Title XI (“Planning and Zoning”) to regulate murals citywide and held a duly noticed public hearing and accepted testimony in regard to the same.
Section 2. General Plan
This Ordinance’s amendments to Title XI of the Lomita Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they implement the following Policies:
A. Economic Development Policy 1 which provides that the City will promote and support revitalization within the City’s commercial districts.
B. Economic Development Policy 2 which provides that the City will continue to encourage the development of prosperous tourist, commercial, and entertainment uses along Pacific Coast Highway.
Attachment No. 1
Ordinance No. 855
C. Economic Development Policy 3 which provides that the City will promote the improvement and revitalization of existing commercial areas and neighborhood shopping centers.
E. Economic Development policy 8 which provides that the City will strive to attract destination-oriented businesses that will stimulate commercial activity and investments in the community.
F. Land Use Policy 10 which provides that the City will promote the improvement of aesthetic and visual qualities of the community by implementing development standards for private improvements.
I. Land Use Policy 17 which provides that the City will promote the maintenance and preservation of activities that contribute to the City’s economic and employment base; and
J. Land Use Policy 19 which provides that the City will strive to develop a pedestrian downtown that is economically viable and promotes a wide range of activities.
Section 3. Environmental Review
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the permitting and minor alteration of existing facilities. The ordinance would not result in any expansion of existing commercial uses or of the public’s use of the City’s right-of-way. Alternatively, the adoption of this ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
Section 4. Zoning Amendments
Based on the foregoing, the City Council hereby approves of the following amendments to the Lomita Municipal Code:
A. The following definition for “mural” is hereby added to Section 11-1.15.13(M) of Article 15 (“Definitions”) of Title XI of the Lomita Municipal Code as follows:
“Mural shall mean a pictorial representation, painting, or other artwork, that is made integral with an exterior wall surface, and that does not specifically identify goods or services offered by the business on the Ordinance No. 855
premises or include a commercial advertising message by a business not on the premises.”
B. Subsection (6)(j) (“Wall murals”) of Section 11-1.67.04 (“Sign regulations for specific zones”) of Article 67 (“Signs”) of Title XI of the Lomita Municipal Code is hereby repealed.
C. Subsection (o) of Section 11-1.67.05 (“Sign Prohibited signs and sign restrictions”) of Article 67 (“Signs”) of Title XI of the Lomita Municipal Code is hereby repealed.
D. Section 11-1.68.11, entitled “Murals”, is hereby added to Title XI of the Lomita Municipal Code to read in its entirety as follows:
“Section 11-1.68.12. - Murals.
(A) A mural shall be permitted within any zoning district only by site plan review and approval by the planning commission and must comply with the following requirements:
(1) Murals may not interfere with pedestrian or traveler safety. (2) Murals shall not be used to advertise a particular business establishment or property and shall not include trademarks, company logos, or advertising copy, except logos which are determined by the planning commission to have historical significance.
(B) Murals are not considered signage thus are not subject to the maximum sign area.
(C) As part of its review of a mural, the planning commission shall:
(1) Establish appropriate requirements for the use of long-lasting paint, ultraviolet coating protection, and/or a medium preventative of vandalism, theft, and weather impact.
(2) Require provisions for alterations and maintenance, including a required minimum length of time for maintenance, otherwise the property owner is subject to the administrative citations and penalties provisions in Title 1, Chapter 5 of this Code.
(3) Establish insurance requirements.”
Section 5. Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not Ordinance No. 855
affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 6. Effective Date
This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED, AND ADOPTED this ___ day of _________ 2023. ____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
Attachment 2
Sec. 11-1.15.13(M)
Mural shall mean a pictorial representation, painting, or other artwork, that is made integral with an exterior wall surface, and that does not specifically identify goods or services offered by the business on the premises or include a commercial advertising message by a business not on the premises.
Subsection (16) of Section 11-1.67.02 (“Definitions”) of Article 67 (“Signs”):
“Mural shall mean a large painting, picture or decoration which is applied directly to a wall and which usually depicts a scene or an event.”Repealed.
Sec. 11-1.67.04. - Sign regulations for specific zones. (6) D-C, Downtown Commercial:
(j) Wall murals: Wall murals may be allowed subject to site plan review by the planning commission and subject to the following standards:
(i) Wall murals shall not be used to advertise a particular business establishment or property;
(ii) The intent of a wall mural shall be purely decorative in nature and shall be limited to the depiction of a scene or event related to the City's history; (iii) Exterior wall murals are allowed without being included in the maximum sign area provided that the mural is a painting which includes images or pictorial elements, but does not include trademarks, company logos, or advertising copy, except logos which are determined by the planning commission to have historical significance; and
(iv) Murals shall not be permitted on the same wall in connection with commercial business or advertising signs.Repealed.
Sec. 11-1.67.05. - Prohibited signs and sign restrictions. (o) “Murals, as defined in this chapter, shall be permitted only by review and approval of the planning commission.”Repealed.
Sec. 11-1.68.12. – Murals
(A) Murals shall be permitted within any zoning district only by site plan review and approval by the planning commission and must comply with the following requirements:
(1) The intent of a wall mural shall be purely decorative in nature. (2) Murals may not interfere with pedestrian or traveler safety. (3) Murals shall not be used to advertise a particular business establishment or property and shall not include trademarks, company logos, or advertising Attachment 2
copy, except logos which are determined by the planning commission to have historical significance.
(B) Murals are not subject to the maximum sign area.
(C) As part of its review of a mural, the planning commission shall (1) Establish appropriate requirements for the use of long-lasting paint, ultraviolet coating protection, and/or a medium preventative of vandalism, theft, and weather impact.
(2) Require provisions for alterations and maintenance, included a required minimum length of time for maintenance, otherwise the property owner is subject to the administrative citations and penalties provisions in Title 1, Chapter 5 of this Code.
(3) Establish insurance requirements.