REQUEST FOR CITY COUNCIL ACTION

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REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: JUNE 14, 2016

TITLE: CONSIDERATION OF COUNCILMEMBER LALLOWAY'S REQUEST TO IMPLEMENT A MURAL ARTS PROGRAM

~J

City Manager ~

RECOMMENDED ACTION

Consider Councilmember Lalloway's request to implement a voluntary Mural Arts Program on private buildings having frontage along the Interstate-405 freeway from the SR-55 freeway to Lake Forest Drive, or from other major freeways, such as the Interstate-5 freeway and provide direction for staff to prepare draft Code amendments and Mural Arts standards and regulatory procedures as deemed appropriate by the City Council, for subsequent review and approval by the City Council.

EXECUTIVE SUMMARY

Councilmember Lalloway's interest in establishing a voluntary Mural Arts Program, as stated in his memo dated May 22, 2016 (Attachment 1), is based upon the many positive comments received by the City regarding the Tilly's mural along the Interstate

405 freeway. Should the City Council choose to pursue a Mural Arts Program, this staff report outlines a few program options the City Council may consider.

Mural Arts Programs have been implemented in major cities across the country, including Los Angeles, Portland, Miami, Minneapolis, Pittsburgh, Cincinnati and Philadelphia.

The Tilly's Mural was classified as an Icon Sign, pursuant to the City's Zoning Ordinance and, as such, required review and approval by the Planning Commission.

While the Zoning Ordinance describes features of icon signs, it contains no specific requirements applicable to icon signs. Thus, the Planning Commission has broad discretion to consider and approve these types of signs.

If the City Council determines that it wants to implement a voluntary Mural Arts Program, direction would be needed on what process to follow. Mural programs are voluntary and are initiated by applicants who choose to participate in the program for their property. Options for implementing a formal voluntary Mural Arts Program could

REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: JUNE 14, 2016

TITLE: CONSIDERATION OF COUNCILMEMBER LALLOWAY'S REQUEST TO IMPLEMENT A MURAL ARTS PROGRAM

~J

City Manager ~

RECOMMENDED ACTION

Consider Councilmember Lalloway's request to implement a voluntary Mural Arts Program on private buildings having frontage along the Interstate-405 freeway from the SR-55 freeway to Lake Forest Drive, or from other major freeways, such as the Interstate-5 freeway and provide direction for staff to prepare draft Code amendments and Mural Arts standards and regulatory procedures as deemed appropriate by the City Council, for subsequent review and approval by the City Council.

EXECUTIVE SUMMARY

Councilmember Lalloway's interest in establishing a voluntary Mural Arts Program, as stated in his memo dated May 22, 2016 (Attachment 1), is based upon the many positive comments received by the City regarding the Tilly's mural along the Interstate- 405 freeway. Should the City Council choose to pursue a Mural Arts Program, this staff report outlines a few program options the City Council may consider.

Mural Arts Programs have been implemented in major cities across the country, including Los Angeles, Portland, Miami, Minneapolis, Pittsburgh, Cincinnati and Philadelphia.

The Tilly's Mural was classified as an Icon Sign, pursuant to the City's Zoning Ordinance and, as such, required review and approval by the Planning Commission.

While the Zoning Ordinance describes features of icon signs, it contains no specific requirements applicable to icon signs. Thus, the Planning Commission has broad discretion to consider and approve these types of signs.

If the City Council determines that it wants to implement a voluntary Mural Arts Program, direction would be needed on what process to follow. Mural programs are voluntary and are initiated by applicants who choose to participate in the program for their property. Options for implementing a formal voluntary Mural Arts Program could

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City Council Meeting June 14,2016 Page 2 of 3

include: A) processing Murals as a ministerial permit that would administered and approved by staff (possibly over the counter); B) classification of all murals as icon that would require review and approval by one or more of the following: the Zoning Administrator, or a City Commission (the Tilly's mural was processed through the Planning Commission using this approach); or, C) establishment of a Special Arts Committee that would be given the authority to review and approve such In reviewing requirements for the cities of Angeles, Portland and Miami, mural permits are processed administratively, similar to Option A.

COMMISSION/BOARD/COMMITTEE RECOMMENDATION

This item was placed on the City Council agenda by a member of the City Council.

Consistent with our items submitted by the Mayor and City Council are placed directly on the City Council agenda.

ANALYSIS

Councilmember Lalloway's proposal is to only allow murals on buildings having frontage along a major freeway (i.e., Interstate-405 or Interstate-5 Freeways) from the Freeway to Lake Forest Drive Restricting murals to freeway fronting properties can limit potential issues with surrounding uses.

ro(:es;s Options:

A. Applicants may voluntarily apply for an over the counter Mural Permit to approved by Standards would developed to regulate matters like illumination, content, to the extent allowed by law. More specifically, for example, standards could include all, some or more of the following (again, to the extent allowed by law):

1. Cannot exceed the height of the structure.

Cannot extend more than six inches from building fa<;ade.

Cannot exceed 100 feet in height.

4. Cannot include electrical or moving components.

5. Cannot cover doors or windows.

6. Cannot include nudity.

7. Cannot include commercial advertising.

8. Allowed only on commercial or industrial buildings.

9. Must comply with illumination limits.

City Council Meeting June 14,2016 Page 2 of 3

include: A) processing Murals as a ministerial permit that would administered and approved by staff (possibly over the counter); B) classification of all murals as icon that would require review and approval by one or more of the following: the Zoning Administrator, or a City Commission (the Tilly's mural was processed through the Planning Commission using this approach); or, C) establishment of a Special Arts Committee that would be given the authority to review and approve such In reviewing requirements for the cities of Angeles, Portland and Miami, mural permits are processed administratively, similar to Option A.

COMMISSION/BOARD/COMMITTEE RECOMMENDATION

This item was placed on the City Council agenda by a member of the City Council.

Consistent with our items submitted by the Mayor and City Council are placed directly on the City Council agenda.

ANALYSIS

Councilmember Lalloway's proposal is to only allow murals on buildings having frontage along a major freeway (i.e., Interstate-405 or Interstate-5 Freeways) from the Freeway to Lake Forest Drive Restricting murals to freeway fronting properties can limit potential issues with surrounding uses.

ro(:es;s Options:

A. Applicants may voluntarily apply for an over the counter Mural Permit to approved by Standards would developed to regulate matters like illumination, content, to the extent allowed by law. More specifically, for example, standards could include all, some or more of the following (again, to the extent allowed by law):

1. Cannot exceed the height of the structure.

Cannot extend more than six inches from building fa<;ade.

Cannot exceed 100 feet in height.

4. Cannot include electrical or moving components.

5. Cannot cover doors or windows.

6. Cannot include nudity.

7. Cannot include commercial advertising.

8. Allowed only on commercial or industrial buildings.

9. Must comply with illumination limits.

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City Council Meeting June 14, 2016

Page 3 of 3

B. The City could amend the Zoning Ordinance to clarify that all murals are to be processed as icon signs to be approved by the Zoning Administrator or by a City Commission. Standards proposed to be addressed in Option A would also be addressed in this option. Icon signs are distinguished by being unique, artistic, two- or three-dimensional imagery reflective of a company's use, product or service. The standards are unique to each sign as proposed by an applicant and approved by the City. The definition of an icon sign could be amended to include a mural and standards applicable to a mural.

C. Establish a Special Arts Committee responsible for reviewing and approving Mural Permits.

At the conclusion of City Council deliberation and pursuant to specific direction, staff will work with the City Attorney to prepare all draft documents, procedures and code amendments to ensure conformance with applicable laws and return directly to the City Council, unless directed otherwise, for review and further direction, if any. As required, Zoning Code amendments would thereafter be presented to the Planning Commission prior to subsequent City Council adoption.

ALTERNATIVES CONSIDERED

The City Council may choose to direct staff to implement a Mural Arts Program following one of the three options identified above or direct staff to continue handling requests for murals using the City's existing process for icon signs.

FINANCIAL IMPACT

Depending upon the program option selected, there may be some staff related costs associated with creating new Ordinance language outlining the parameters of a new Mural Arts Program. Following program implementation, costs would depend upon whether the City Council chooses to implement a permit fee to recover expenses associated with staff time spent processing mural requests.

REPORT PREPARED BY: Tim Gehrich, Deputy Director of Community Development ATTACHMENTS

Attachment 1: Councilmember Lalloway Memo dated May 22,2016 City Council Meeting

June 14, 2016 Page 3 of 3

B. The City could amend the Zoning Ordinance to clarify that all murals are to be processed as icon signs to be approved by the Zoning Administrator or by a City Commission. Standards proposed to be addressed in Option A would also be addressed in this option. Icon signs are distinguished by being unique, artistic, two- or three-dimensional imagery reflective of a company's use, product or service. The standards are unique to each sign as proposed by an applicant and approved by the City. The definition of an icon sign could be amended to include a mural and standards applicable to a mural.

C. Establish a Special Arts Committee responsible for reviewing and approving Mural Permits.

At the conclusion of City Council deliberation and pursuant to specific direction, staff will work with the City Attorney to prepare all draft documents, procedures and code amendments to ensure conformance with applicable laws and return directly to the City Council, unless directed otherwise, for review and further direction, if any. As required, Zoning Code amendments would thereafter be presented to the Planning Commission prior to subsequent City Council adoption.

ALTERNATIVES CONSIDERED

The City Council may choose to direct staff to implement a Mural Arts Program following one of the three options identified above or direct staff to continue handling requests for murals using the City's existing process for icon signs.

FINANCIAL IMPACT

Depending upon the program option selected, there may be some staff related costs associated with creating new Ordinance language outlining the parameters of a new Mural Arts Program. Following program implementation, costs would depend upon whether the City Council chooses to implement a permit fee to recover expenses associated with staff time spent processing mural requests.

REPORT PREPARED BY: Tim Gehrich, Deputy Director of Community Development ATTACHMENTS

Attachment 1: Councilmember Lalloway Memo dated May 22,2016

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Memo

To: Sean Joyce, City Manager From: Councilmember Jeffrey Lalloway Date: May 22, 2016

Re: Consideration to Implement a Mural Arts Program

Based upon the many positive comments I have heard and read regarding the Tilly's mural along the 405 freeway, I would like to ask my colleagues to consider a Mural Arts Program at our June 14, 2016 City Council meeting. The Tilly's mural, created by Zio Ziegler, enlivened the landscape and provided a sense of inspiration in an otherwise traditional environment.

Major cities across the country including Los Angeles, Portland, Miami, Minneapolis, Pittsburgh, Cincinnati and Philadelphia have successfully implemented Mural Arts Programs. Mural Arts Programs create a sense of community and engage residents and visitors alike. Such programs are an integral part of a community and can even contribute to economic development by attracting visitors seeking an enhanced cultural experience.

Perhaps the most successful Mural Arts Program in the country is in the city I lived for many years, Philadelphia - renowned for its beautiful murals, unique tile installations and the "world's largest outdoor art gallery." Philadelphia's Mural Arts Program attracts thousands of visitors each year, yielding greater hotel revenues and increased retail and restaurant business.

By considering a Mural Arts Program, Irvine has a unique opportunity to add to our already significant cultural resources including the Barclay Theater, Irvine Fine Arts Center, UCI, the Irvine Museum, and the Orange County Great Park Gallery. A Mural Arts Program will complement the City of Irvine, which is known for visionary planning, wonderful open space, unique architecture and quality design.

I envision the Mural Arts Program to be implemented only on private buildings having frontage along the 405 freeway from the 55 Freeway to Lake Forest Drive or from other major freeways, such as the 5 freeway. As I envision it, a permit from the Community Development Department would be required. I would ask that staff be prepared to discuss the program options related to implementing this request during consideration of this item.

ATIACHMENT 1