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 Arts Manager | [email protected] Subject: Supplemental Material #2 for Item 10C
DISCUSSION
After the publication of the staff report, staff became aware that incorrect attachments were inadvertently attached to the subject agenda item. The supplemental material contains the corrected Attachments 2 and 3.
ATTACHMENTS
1. Attachment 1 – Mural Ordinance (Revised)
2. Attachment 3 – Resolution (Revised)
1 ATTACHMENT 1
1 ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TORRANCE, CALIFORNIA, AMENDING SECTION
911.2.260 OF ARTICLE 2 OF CHAPTER 11 OF DIVISION
9 OF THE TORRANCE MUNICIPAL CODE RELATING
TO “ORIGINAL ART DISPLAY ,” RENUMBERING
EXISTING ARTICLE 10 OF CHAPTER 11 OF DIVISION 9
RELATING TO “ENFORCEMENT” AS A NEW ARTICLE
11 OF CHAPTER 11 OF DIVISION 9 , AND ADDING
SECTION 911.10.010 OF ARTICLE 10 OF CHAPTER 11
OF DIVISION 9 “MURAL POLICY” SETTING POLICY
FOR MURALS ON PUBLIC AND PRIVATE PROPERTIES.
WHEREAS, California Constitution Article XI, Section 7 provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City wishes to encourage the installation of murals, but prevent the proliferation of off-site commercial signs; and
WHEREAS, the City’s mural policy exclude commercial advertising on murals to prevent the installation of the equivalent of an off-site commercial sign on a mural; and
WHEREAS, the United States Supreme Court ruled that the cities can ban off-site commercial signs, but can have exemptions for noncommercial signs and on-site commercial signs; and
WHEREAS, the City wishes to mitigate blight, graffiti, and vandalism; and
WHEREAS, the City wishes to support the creation of murals to foster the City’s cultural identity and encourage mural creation as part of the broader place-making efforts throughout the City; and
WHEREAS, the design, construction, installation, repair, and maintenance of murals will not interfere with traffic safety or otherwise endanger public safety.
THE CITY COUNCIL OF THE CITY OF TORRANCE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1
Chapter 11 of Article 2 of Division 9, Section 911.2.260 of the Torrance Municipal Code is amended to read in its entirety as follows:
2 2
“911.2.260 ORIGINAL ART DISPLAY.
"Original art display" means a work of visual art that is either affixed , placed or painted directly on to the exterior wall of a structure with the permission of the property owner.”
SECTION 2
Article 10 of Chapter 11 of Division 9 entitled Enforcement is renumbered and amended to read in its entirety as follows:
“ARTICLE 11 – ENFORCEMENT
911.11.010 ENFORCEMENT.
It shall be the duty of the Community Development Director to enforce the provisions of this Chapter. The Chief of Police and all officers charged with the enforcement of the law shall assist the Community Development Director in the enforcement of this Chapter.
911.11.020 RIGHT OF ENTRY.
Upon presentation of proper credentials, the Community Development Director or his duly authorized representative may enter at reasonable times, any building, structure or premises in the City to perform any duties imposed upon him by this Chapter.
911.11.030 ABATEMENT OF NONCONFORMING SIGNS.
a) A period of 10 years subsequent to the date of the adoption of this Chapter is hereby established for the abatement of signs legally existing prior to said date but which signs become nonconforming as a result of regulations contained herein. This provision applies to signs previously permitted by variance or other zoning exception as well as to signs otherwise established. Illegally erected signs are subject to immediate abatement. b) Nonconforming, painted, wall signs are subject, in addition to the abatement procedures set forth, to immediate abatement when the business occupying the premises changes to a different business or different owner necessitating repainting of the signs.
c) Abatement periods established herein are subject to appeal before the Planning Commission and City Council.
911.11.040 UNSAFE AND UNLAWFUL SIGNS.
a) Signs and sign structures shall be maintained at all times in a state of good repair, safe and secure with all braces, bolts, clips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, able to withstand at all times the wind pressure for which they were originally designed.
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b) No person maintaining any sign, sign structure or billboard shall fail to keep the ground space within 8 feet from the base of said sign, signboard, billboard or advertising structure free and clear of weeds, rubbish and other flammable waste material. c) If the Community Development Director shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Section, the permittee or owner thereof shall be given written notice. If the permittee or owner fails to remove or alter the structure so as to comply with the standards herein set forth within 30 days after such notice, such sign or advertising structure may be removed or altered to comply by the Community Development Director at the expense of the permittee or owner of the property upon which it is located. The Community Development Director shall refuse to issue any subsequent building, electrical, plumbing or mechanical permits for the property on which the offending sign was located if any owner or permittee shall refuse to pay costs so assessed. The Community Development Director may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice. d) The Community Development Director may cause any illegal temporary sign, including flags, pennants, banners and temporary window signs to be removed within a 24 hour period.”
SECTION 3
Section 911.10.010 of the Torrance Municipal Code is be added to read in its entirety as follows:
“Article 10 – MURALS
911.10.010 MURAL POLICY
The City Council adopts the Mural Policy adopted by resolution as City Policy 4. The Mural Policy may be revised from time to time by resolution.”
SECTION 4
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Torrance hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION 5
Any inconsistent provisions of the Torrance Municipal Code, or any other inconsistent ordinances of the City, are repealed, to the extent of the inconsistencies.
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SECTION 6
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.
SECTION 7
This ordinance shall take effect 30 days after the date of its adoption. Within 15 days following adoption, this ordinance or a summary of this ordinance if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED and APPROVED this day of _______ , 2024.
ADOPTED and PASSED this __ day of _______ , 2024.
APPROVED AS TO FORM:
______________________________
Mayor George Chen
PATRICK Q. SULLIVAN, City Attorney
by _____________________________________
Tatia Y. Strader, Assistant City Attorney
ATTEST:
______________________________
Rebecca Poirier, City Clerk
5 ATTACHMENT 3
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF TORRANCE,
CALIFORNIA ADOPTING A MURAL POLICY AS CITY
POLICY NUMBER 4 AS SET FORTH IN TORRANCE
MUNICIPAL CODE 911.10.010
WHEREAS, California Constitution Article XI, Section 7 provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City wishes to encourage the installation of murals, but prevent the proliferation of off-site commercial signs; and
WHEREAS, the City’s mural policy exclude commercial advertising on murals to prevent the installation of the equivalent of an off-site commercial sign on a mural; and
WHEREAS, the United States Supreme Court ruled that the cities can ban off-site commercial signs, but can have exemptions for noncommercial signs and on-site commercial signs; and
WHEREAS, the City wishes to mitigate blight, graffiti, and vandalism; and
WHEREAS, the City wishes to support the creation of murals to foster the City’s cultural identity and encourage mural creation as part of the broader place-making efforts throughout the City; and
WHEREAS, the design, construction, installation, repair, and maintenance of murals will not interfere with traffic safety or otherwise endanger public safety.
NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the following Mural Policy as City Policy Number 4 that is attached to this Resolution as Exhibit 1 and is incorporated into this Resolution by this reference.
6 BE IT FURTHER RESOLVED, that any and all amendments to the Mural Policy, as deemed necessary from time to time, shall be adopted by resolution of the City Council.
___________________________
George K. Chen, Mayor
APPROVED AS TO FORM: ATTEST:
PATRICK Q. SULLIVAN
CITY ATTORNEY
___________________________ ___________________________ Tatia Y. Strader Rebecca Poirier, MMC,
Assistant City Attorney City Clerk
Attachment: Exhibit 1 Mural Policy
7 EXHIBIT 1
CITY OF TORRANCE Policy No. 4
CITY COUNCIL POLICY
Adopted: November 19, 2024 Revised:
GENERAL SUBJECT: MURAL POLICY
1. PURPOSE
1.1. The Public Art Program promotes public art reflective of the history, uniqueness, and aspirations of the City of Torrance through engagement with artists, property owners, community stakeholders, and residents.
1.2. Murals are a component of public art and policy for commission, approval, and installation of murals is set forth in this policy.
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, i t is not governed by the Torrance Municipal Code.
2. POLICY
2.1. Support the creation of Public Art murals to foster the City’s cultural identity.
2.2. Encourage mural creation as part of broader place -making efforts throughout the City.
2.3. Mitigate blight, graffiti, and vandalism.
3. DEFINITIONS
3.1. A mural is defined as original Public Art on walls, structures, construction fences, and other surfaces visually accessible to the public.
8 3.2. A mural shall comply with City Municipal Code section 911.2.220 MURAL. "Mural" means a display or illustration within public view on an exterior surface of a structure that does not contain the name of the business, product or service. For the purpose of this section, a mural is further defined as a display or illustration painted, affixed, or placed on an exterior surface.
3.3. Public art is defined as art in the public realm that can take a wide range of forms, sizes, and scales, and can be temporary or permanent. Public art often interprets the history of a place, a community, an achievement, or a societal issue. Murals in the public realm are public art. Additional examples of public art include sculptures, memorials, integrated architectural or landscape architectural work, community art, digital new media, performances, and festivals.
4. MURAL APPLICATION
4.1. A mural application is required for all murals in the City.
4.2. The mural application will include a written description of the proposed design, site preparation methods, materials and processes to be used, a lighting plan for nighttime visibility, anti -graffiti and U/V treatment methods, individuals and groups involved in the mural proposal, all parties responsible for funding and subsequent maintenance of the proposed project, and the length of time the project is expected to remain as public art at the proposed location.
4.3. A maintenance plan that includes a funding source.
4.4 Lead artist’s qualifications and examples of previous work in the public art arena.
4.5. Funding source(s) identified for the project with letter(s) of agreement/support.
Evidence of community support for the project, e.g. letters of support from neighborhood associations, stakeholders, businesses, and adjacent properties.
4.6. Written permission to proceed with the project, including any additional requirements from the property owner or City department with jurisdiction over the proposed site.
This permission should also include acknowledgement of receipt by the property owner of the California Art Preservation Act (“CAPA”) and Visual Artists Rights Act (“VARA”) relating to the preservation and removal of artworks. The permission should include the proposed display period for the artwork and an available transfer of rights should the property be sold.
4.7. Color scale rendering (no larger than 8 1⁄2” x 14”) of proposed mural design.
4.8. Photographs of the proposed mural location and the immediate physical surroundings.
4.9. Timeline for the project.
9 5. PROCEDURES
5.1. Any location may be proposed for a public art mural. Selections must include a photo and short statement explaining the reason(s) the specific space was chosen for a mural proposal. Proposals may include additional information about potential themes and suggestions for community involvement.
5.2. The City Council may direct staff to commission a mural for a certain theme and/or a certain location.
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.
5.4. Murals to be placed on City owned or privately owned properties may be funded in whole or in part by the City at the direction of the City Council.
5.5. Murals to be placed on City owned or privately owned properties may be financed in whole or in part with funds from a third party.
5.6. Mural projects on privately owned properties which include City funds will require an agreement to set terms and conditions between the City and the property owner of the location for the mural project, the proponent of the mural project and the artis t, as applicable.
5.7. The property owner must maintain a policy of liability insurance with the City and its respective elected officials, officers, employees, agents, and representatives named as additional insureds, in an amount specified by the City, that will protect t he City from any potential claims which may arise due to the installation or existence of a mural. Certain projects may require that the applicant also obtain policies of automobile and worker’s compensation insurance in an amount specified by the City.
5.8. Every two years, or as needed, staff will conduct a call for artists to maintain a roster of artists with experience as muralists.
5.9. The Cultural Arts Commission will prequalify artists whose portfolios demonstrate that they can successfully complete a public art mural.
5.10. The prequalified artists list will be available for review by the City and any private property owner for the purpose of a mural project.
5.11. Applications for mural projects will be reviewed and recommended to the City Council by the Cultural Arts Commission using criteria 5.11.1 through 5.11.6.
5.11.1. Design is consistent with the purpose and goals of the public art program. 10 5.11.2. Design content is suitable for a general audience.
5.11.3. Design adds to the character of the area and enhances the quality of public spaces.
5.11.4. Design does not conflict with the design of surrounding buildings or locations.
5.11.5. Design scale is appropriate for the location and public viewing.
5.11.6. Design does not contain words or images that would constitute signage or advertising for a business, product, or service.
6. SITE SELECTION STANDARDS
6.1. RETAINING WALLS
6.1.1 Murals can be considered for placement on retaining walls in the City if the applicant obtains permission from the property owner and the site is identified as eligible during the screening process. Certain conditions may prevent direct application o f murals to walls.
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 o r 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.
6.3. ASSESSMENT DISTRICTS
6.3.1. Murals within an assessment district such as a business improvement district, parking assessment district, maintenance assessment district, or business improvement district may not interfere with existing or planned activities, construction, or maintenance of the district.
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).
11 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.
6.4.3. Murals will be illuminated for nighttime in a manner that complies with Article 8, Section 911.8.070(a) Brightness, Display, Copy and Message requirements of the Torrance Municipal Code.
6.4.4. Proposed public art murals shall be publicly noticed by the City and property owner for the purpose of community outreach.
7. VINTAGE MURALS
7.1. Any public art mural installed prior to the effective date of this policy, will have approval status and will not require additional review.
7.2. The City will maintain an inventory and condition status of all vintage murals in the City.
7.3. The City will investigate the artwork provenance and artist(s) for the vintage murals.
8. MURAL LIFESPAN
8.1. All murals are subject to on -going conservation, maintenance and refurbishment, and a condition assessment.
9. MURAL IDENTIFICATION INFORMATION
9.1. The City allows a space along the bottom of a mural or in an area adjacent to a mural for mural identification information.
9.2. The dimensions for the identification space contained within a mural will be of an appropriate size in relation to the size of the mural and will be subject to the approval of the City.
9.3. The information included in an identification space must include the artist name(s), artwork title, date of completion, and City branding, as per the approval of the City.
Additional information may include mural sponsor information or logos and is subject to approval by the City.
9.4. This section is to provide informational content regarding a mural and will conform to Section 3. of this policy.
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