10C
Date: November 19, 2024
To: Honorable Mayor and Members of the City Council
From: John La Rock, Community Services Director
By: Monica Harte, Cultural Services Manager | [email protected] Subject:Material Available for Item 10C
DISCUSSION
Over the past several years, the City has been involved in requests and installations of public art murals. In 2020, the City collaborated with Journey of Faith Church for donation of the Victor E.
Benstead Plunge mural and in June 2020 the Torrance Art Museum installed a mural by Dutch artist, Jan van der Ploeg. At the time these murals were installed, the City had no public art mural policies and deferred to the City policy for Donations of Art and Acquisitions of Artwork.
Currently, the City Municipal Code includes limited definitions of murals and original art:
911.2.220 MURAL.
"Mural" means a display or illustration within public view painted on an exterior surface of a structure that does not contain the name of the business, product or service on the premises. 911.2.260 ORIGINAL ART DISPLAY.
"Original art display" means a hand painted work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of the property owner. An original art display does not include: mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl, electrical or mechanical components or changing image art display.
To update City policy regarding murals, staff presented the Cultural Arts Commission with policy information from other local agencies which operate successful mural programs. At their meeting on August 19, 2024, the Commission recommended a mural policy for City Council consideration.
Following the Commission’s recommendation, the City Attorney recommended that the mural policy be added to the Municipal Code by ordinance and provided changes to the policies in the following:
City Council
November 19, 2024
PURPOSE
1.3. As indicated in the Torrance Municipal Code Section 911.2.340 “Sign”, a mural is not a sign. A mural is solely artistic in nature, while a sign specifically advertises a business, product, or service through graphics or text. As a mural is not a sign, it is not governed by the Torrance Municipal Code.
3. DEFINITIONS
3.2. A mural shall comply with City Municipal Code section 911.2.220 MURAL. "Mural" means a display or illustration within public view painted on an exterior surface of a structure that does not contain the name of the business, product or service on the premises. For the purpose of this section, a mural is further defined as a display or illustration painted, affixed, or placed on an exterior surface.
5. PROCEDURES
5.3. Private owners must fund and maintain their own murals unless funding is provided in whole or in part by the City or a third party.
6.2. BUILDING WALLS
6.2.1. In general, murals can be proposed for placement on existing Private Non-Residential Buildings and an existing City-owned building provided that the site is identified as eligible during the preliminary screening process. Murals should not obscure or detract from the significant architectural features of a structure or compromise the proper function of any building or use and are typically not allowed on historical buildings. Certain contexts may prevent murals from being able to be applied directly on the wall.
6.4. ACCESSIBILITY / VISIBILITY
6.4.1. Murals must be located in a manner that is visually and physically accessible to the public.
Mural placement may not interfere with access or information provided to individuals with disabilities per the Americans with Disabilities Act Accessibility Guidelines (ADAAG).
6.4.2. No mural shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors, and vents, in such a manner to render them non-operational or to restrict their intended egress and ventilation purpose.
6.4.4. Proposed public art murals shall be publicly noticed by the City and property owner for the purpose of community outreach.
At the City Council meeting on September 24, 2024, Your Honorable Body received an initial draft City Council
November 19, 2024
of the mural policy for review. At that meeting direction was provided to revise the mural policy.
Subsequent review was provided by the City Attorney and Community Development Director.
The Mural Ordinance is attached as Attachment 1, the Ordinance Summary is attached as Attachment 2, and the Resolution is attached as Attachment 3.
ENVIRONMENTAL FINDINGS
This ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code§§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal.
Code of Regulations §§15000, et seq., the "CEQA Guidelines"). This ordinance is exempt pursuant to CEQA Guidelines 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Ordinance is also exempt from CEQA Guidelines under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The ordinance consists only of artwork display regulations. Adoption of this ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings.
ATTACHMENTS
1. Mural Ordinance
2. Mural Ordinance Summary
3.Resolution