2 – Sign 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.

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Agenda Item #: 3a.

Meeting Date: August 14, 2018

Report Date: July 25, 2018

CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT

CITY FILE NUMBER: Sign Ordinance Amending LMC Section 4-2-8, “Murals”

OWNER/APPLICANT: City of Livingston 1416 ‘C’ Street, Livingston, CA 95334

PROJECT LOCATION: Citywide

PROPOSED ACTION: Adopt Resolution 2018-_, Determining General Plan consistency and recommend to the City Council approval of Sign 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.

PREPARED BY: Jose Antonio Ramirez, City Manager, Jacquie Benoit, Recreation Superintendent Jose M. Sanchez, City Attorney Randy Hatch, Contract City Planner

Property Size: Not applicable

Existing Land Use: Not applicable

General Plan Land Use Not applicable

Designation:Not applicable

Zoning: Various Designated Zones, City of Livingston

Street Access: Not applicable

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, adopted February 20, 2018, 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 recommends the Planning Commission approve the formal reassignment of the authority to consider and approve mural applications 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 STATUS:

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).]

FISCAL IMP ACT:

None

RECOMMENDATION:

Staff recommends that the Planning Commission 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 is consistent with the City’s General Plan.

C. 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, therefore, exempt from CEQA.

D. Approve Resolution No. 2018- _, Determining General Plan Consistency and Recommending City Council Approval of a Sign 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, of which such approval shall be forwarded to the Livingston City Council.

ATTACHMENTS:

1. Resolution 2018-

2. Ordinance No.

RESOLUTION 2018-_

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON DETERMINING GENERAL PLAN CONSISTENCY AND RECOMMENDING CITY COUNCIL APPROVAL OF A SIGN 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

WHEREAS, section 4-2-8 of the Livingston Municipal Code establishes the standards for murals and the process for consideration of mural applications; and

WHEREAS, the goal of Section 4-2-8 is to provide opportunities for art Citywide that will contribute to livable, aesthetically pleasing, and pedestrian-friendly streetscapes in accordance with the goals and objectives of the City’s General Plan; and

WHEREAS, 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 mural applications; and

WHEREAS, on February 20, 2018, the City Council approved Ordinance No. 633, which amended the Livingston Municipal Code, Title 2, Chapter 4; changed the name of the “Parks and Recreation Commission” to the “Parks, Recreation and Arts Commission”; added an arts component to the Commission, and assigned the Commission additional duties related to the promotion of art in the City; and

WHEREAS, the Planning Commission wishes to recommend that the City Council formally assign the Parks, Recreation and Arts Commission the authority to consider and approve mural applications; and

WHEREAS, the public hearing for the proposed sign ordinance amendment has been properly noticed by placing a newspaper ad and posting at public places, the City of Livingston City Hall bulletin board, the City Website, and in a local newspaper of general circulation, ten (10) days prior to the meeting.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The foregoing recitals are true and correct, and incorporated herein by reference.

SECTION 2. Findings. The Planning Commission finds that the proposed sign ordinance amendment is consistent with the City’s General Plan of creating livable and esthetically pleasing streetscapes throughout the City.

Additionally, the Planning Commission finds that the proposed sign ordinance amendment will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect change in the environment. Consequently, approval of the proposed ordinance amendment 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)].

SECTION 3. Recommendation. The Planning Commission recommends to the City Council of the City of Livingston approval of the proposed sign 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 as shown in Exhibit “A,” Draft City Council Ordinance, attached hereto and incorporated herein.

SECTION 4. Transmittal. Upon adoption, the Secretary of the Planning Commission shall immediately transmit this Resolution to the City Council of the City of Livingston.

The foregoing resolution was introduced and moved for adoption on August 14, 2018, by

,and being duly seconded by ,was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Chair, RANJEET JHUTTI Secretary of the Planning Commission, RANDY HATCH

DRAFT

by the City Manager, every two (2) years, or as needed to determine physical condition and maintenance.”

SECTION 4. Amendment to Section 4-2-8(E). Title 4, Chapter 2, Section 4-2-B(E) of the Livingston Municipal Code is hereby amended to read as follows:

“(E) Mural Permit and Design Approval: Prior to painting, installation and execution of a mural, an application shall be submitted to the Recreation Department and approved by the Parks, Recreation and Arts Commission, subject to appeal as described in subsection (G) of this Section. The application shall include all the criteria detailed in subsection (A) of this Section, including a detailed drawing or sketch of the mural and other details as described on the application. As required under subsection (A) of this Section, the application shall provide proof that permission from the property owner has been secured for the wall on which the mural will be applied; this will require written authorization by the property owner.”

SECTION 5. Amendment to Section 4-2-8(F). Title 4, Chapter 2, Section 4-2-B(F) of the Livingston Municipal Code is hereby amended to read as follows:

“(F) Parks, Recreation and Arts Commission Review of Mural Permit: The Recreation Superintendent shall forward the application for a mural permit, with a recommendation, to the Parks, Recreation and Arts Commission. The Parks, Recreation and Arts Commission shall hold a public hearing to review and approve, approve with modifications, or deny the mural permit as submitted according to the criteria set forth in subsection (D) of this Section. Public hearings for the consideration of proposed applications for a mural permit shall require at least one (1) publication in an official newspaper of general circulation in the county not less than ten (10) calendar days prior to the date of the hearing.”

SECTION 6. Amendment to Section 4-2-8(G). Title 4, Chapter 2, Section 4-2-8(G) of the Livingston Municipal Code is hereby amended to read as follows:

“(G) Appeal Process: Within ten (10) days of the Parks, Recreation and Arts Commission’s decision on a mural permit, any interested party may appeal a decision of the Parks, Recreation and Arts Commission regarding a mural permit application. The appeal must be in writing and must be filed with the City Clerk within ten (10) days of the action by the Parks, Recreation and Arts Commission. The appeal shall state specifically wherein the decision of Parks, Recreation and Arts Commission was inappropriate. The appeal shall be considered by the City Council at a noticed public hearing. Action of the City Council shall be considered final. Public hearings for the consideration of an appeal under this Section shall require at least one (1) publication in an official newspaper of general circulation in the county not less than ten (10) calendar days prior to the date of the hearing.”

SECTION 7. Findings. The City Council finds that this Ordinance is consistent with the City’s General Plan, and that this Ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect change in the environment. Consequently, approval of this 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)].

SECTION 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the Ordinance are severable.

The City Council of the City of Livingston hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption.

Passed and adopted this _day of , 2018, by the following vote: