Meeting Date 09/18/18
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STAFF REPORT
AGENDA ITEM: Public Hearing – Waive the First Reading and Introduce Ordinance No. _, Amending Section 4-2-8, “Murals,” of the Livingston Municipal Code to Change the Approval Body of Mural Applications From the Planning Commission to the Parks, Recreation and Arts Commission.
MEETING DATE: September 18, 2018
PREPARED BY: Jose Antonio Ramirez, City Manager Jacquie Benoit, Recreation Superintendent Jose M. Sanchez, City Attorney, Randy Hatch, Contract City Planner
RECOMMENDATION:
Staff recommends that the City Council take the following action:
A. Discuss the draft Ordinance amending the sign code regarding approvals of murals, and take public comment.
B. Find that the proposed Ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect change in the environment, and therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and is exempt from CEQA.
C. Waive the First Reading and Introduce Ordinance_, Amending Section 4-2-8, “Murals,” of the Livingston Municipal Code to Change the Approval Body of Mural Applications from the Planning Commission to the Parks, Recreation and Arts Commission.
BACKGROUND AND DISCUSSION:
Livingston Municipal Code Section 4-2-8 establishes the standards for murals and the process for consideration of mural applications. The goal of Section 4-2-8 is to provide opportunities for art throughout the City that will contribute to livable, aesthetically pleasing, and pedestrian friendly streetscapes in accordance with the vision and objectives of the City’s General Plan.
When Section 4-2-8 was adopted by the City Council in 2014, the City Council designated the Planning Commission as the approval body for the mural applications.
Since that time, the City Council has adopted subsequent changes to its boards and commissions, including approval of an ordinance amending Title 2, Chapter 4, of the Livingston Municipal Code. This amendment formally changed the name of the “Parks and Recreation Commission” to the “Parks, Recreation and Arts Commission.” (Ordinance No. 633.) In addition to the name change, the ordinance added an arts component to the Commission as well as assigned the Commission additional duties related to the promotion of art in the City.
To further the intention of the City Council and the expanded duties of the Parks, Recreation, and Arts Commission, Staff has developed this attached Ordinance to reassign the authority to consider and approve mural applications from the Planning Commission to the Parks, Recreation and Arts Commission.
Since the proposed ordinance regulates signs, it is deemed to be an amendment to a “sign ordinance” under Government Code sections 65853; 65850(b), and must be adopted in accordance with the procedures set forth in Government Code sections 65854-65857. The statutes provide that the Planning Commission shall hold a public hearing on the proposed sign ordinance amendment, and after the public hearing the Planning Commission shall render a decision in the form of a written recommendation to the City Council. (Government Code section 65854.)
GENERAL PLAN CONSISTENCY:
The proposed sign ordinance is consistent with the City’s General Plan of creating livable and esthetically pleasing streetscapes throughout the City.
ENVIRONMENTAL REVIEW:
This proposed Ordinance only changes the approving governmental body for murals, and will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect change in the environment. Consequently, approval of this proposed Ordinance does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and is therefore exempt from CEQA. (Public Resources Code section 21065, CEQA Guidelines sections 15060(c),{2)(3); 15061(b)(3); 15064(d)(3); 15378(a).)
PLANNING COMMISSION ACTIONS AND RECOMMENDATION:
The Planning Commission held a Public Hearing on this proposal on August 14, 2018. After hearing comments and considering the change, the Planning Commission found that the proposed reassignment of mural approval authority from the Planning Commission to the Parks, Recreation, and Arts Commission is consistent with the City’s General Plan. Further, the Planning Commission determined that this Ordinance changing approval authority will not cause a physical change in the environment, nor a reasonably foreseeable indirect change in the environment, and, therefore, does not constitute the approval of a project under the California Environmental Quality Act (CEQA), and is, therefore, exempt from CEQA. Finally, the Planning Commission recommended the City Council approve the change in approval body for murals.
The Planning Commission did, however, make a recommended addition to the Ordinance such that if the Parks, Recreation, and Arts Commission is not able to function or make a decision, the authority to consider a mural approval reverts back to the Planning Commission. These Planning Commission determinations and recommendations are found in the attached Planning Commission Resolution.
FISCAL IMPACT:
None.
ATTACHMENTS:
The Gardening Snail 2 