San Fernando Municipal Code Art. IX Art Murals on Private Property

The purpose of this article is to permit and encourage the display of art murals on publicly visible and/or accessible areas on private property on a content-neutral basis under certain terms and conditions. Murals comprise a unique medium of expression that serves the public interest. Murals have purposes distinct from signs and confer different benefits. Such purposes and benefits include improved aesthetics; avenues for original artistic expression; public access to original works of art, community participation in the creation of original works of art, community-building through the presence of an identification with original works of art, education about the history of the city depicted in original works of art, and a reduction in the incidence of vandalism. Murals can increase community identity and foster a sense of place if they are located in a manner visible to pedestrians, are retained for substantial periods of time, and include a neighborhood process for discussion.

(Ord. No. 1700, § 1, 12-7-2020)

For purposes of this article:

Alteration means any change to a permitted mural, including, but not limited to, any change to the image(s), materials, colors, or size of the permitted mural. "Alteration" does not include naturally occurring changes to the mural caused by exposure to the elements or the passage of time. Minor changes to the permitted mural that result from the maintenance or repair of the mural shall not constitute "alteration." Such minor changes may include slight and unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time or as a result of vandalism.

Applicant means an applicant for a mural permit application under this article.

City council means the City Council of the City of San Fernando.

Commission means the Parks, Wellness and Recreation Commission established under article II (Parks, Wellness and Recreation Commission) of chapter 54 (Parks and Recreation) of the San Fernando Municipal Code.

Mural means an original work of visual art produced by hand that is tiled, painted directly upon, or affixed directly to an exterior wall of a structure.

Permittee means an applicant who has received a mural permit pursuant to the process outlined in this article.

(Ord. No. 1700, § 1, 12-7-2020)

Murals shall only be permitted on: (1) properties in commercial, industrial, service commercial, and mixed-use zones that are not zoned exclusively residential, and (2) residential walls directly adjacent to a city-designated alleyway. It is unlawful for any person, firm, corporation, or other entity to authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any mural within the city without first (i) obtaining final approval from the commission, or the city council on appeal and (ii) satisfying all of the requirements set forth in this article. This article shall not apply to murals located on property owned by any public agency, including the City of San Fernando.

(Ord. No. 1700, § 1, 12-7-2020)

Murals shall only be permitted on:

(1) Properties in commercial, industrial, service commercial, and mixed-use zones that are not zoned exclusively residential, and

(2) Residential walls directly adjacent to a city-designated alleyway.

a. Any person, firm, corporation, or other entity desiring to place a mural on any property shall first submit an application to the community development department. A mural permit application shall include the following information:

1. Name and address of the creator of the mural.

2. Name and address of the owner, operator, or person in possession of the premises where the mural is proposed to be located.

3. A detailed drawing or sketch of the proposed mural that is scale and in color.

b. A mural permit application shall be submitted with all required fees as established by resolution of the city council.

c. The community development department shall submit each completed application to the commission for review as to the compatibility of the proposed mural in the location and on the specific structure the mural is proposed, and all other applicable requirements of chapter 106 (Zoning) of the San Fernando Municipal Code.

d. Prior to any action by the commission, the applicant shall post an 11 inch by 17-inch color rendering of the proposed mural on site for no less than ten calendar days prior to the scheduled public meeting at the which the proposed mural is to be considered by the commission. It shall be the applicant's responsibility to post the rendering and ensure that said rendering is posted for the entire ten-day period prior to the meeting. The rendering shall also include a notice advising the public of the date, time and location of the public hearing and that interested members of the public are invited to attend the public hearing and offer verbal or written comment by or before the conclusion of the public hearing. No mural shall be permitted until the applicant has certified that notification has been completed.

e. Each mural permit application will be considered at a public meeting of the commission for final review. The application packet may include a narrative description of the mural, the purpose/significance of the proposed mural, photographic, digital and/or audio files, sketches, renderings, schematics, or any other documentation supporting the application. The commission's decision to issue or deny the mural permit shall be final, unless any aggrieved party submits a written request for appeal of the commission's decision (along with any applicable appeal fees established by city council resolution) to the city council pursuant to section 22-503e., care of the office of the city clerk, during city's regular business hours, within seven calendar days from the date of the commission's decision.

f. The written appeal shall state in detail the specific grounds for the appeal; shall include any and all documentary, photographic, digital and/or audio evidence, and any other supporting documentation the appellant deems relevant to the appeal; and shall identify any and all Municipal Code provisions or other legal authorities, if any, that support appellant's request that the commission's decision be overturned or otherwise modified. The city council shall be under no obligation to consider grounds for an appeal that are not expressly stated in the appellant's appeal application nor shall the city council be under any obligation to consider evidence that was not timely submitted along with the appeal application. A submitted appeal application may not be amended, supplemented or otherwise modified following the deadline for submitting appeals.

1. The appellant, at its sole cost and expense, shall submit two copies of all appeal documentation and evidence filed with the city clerk as part of the appeal so that a copy set may be provided to the permit applicant for review prior to the appeal hearing. A copy of such appeal materials shall be delivered to the permit applicant not less than 15 calendar days prior to the date of the appeal hearing and the permit applicant may submit a written rebuttal along with any documentary, photographic, digital and/or audio evidence the permit applicant deems relevant to oppose the appeal, provided that such rebuttal materials are filed with the city clerk, during the city's regular business hours, no less than seven calendar days prior to the scheduled date of the appeal hearing.

2. The permit applicant, at its sole cost and expense, shall submit two copies of all rebuttal documentation and evidence filed with the city clerk and the city clerk shall, in turn, forward such materials to the appellant for review not less than three calendar days prior to the scheduled date of the appeal hearing.

g. The city council shall conduct a public hearing on any timely filed appeal within 60 calendar days of the date the notice of appeal is filed. The decision of the city council on appeal shall be final. The Commission's issuance of a permit shall not take effect until the end of the seven-day appeal period and in the event a timely appeal is filed, the permit shall not take effect unless and until the city council upholds the commission's decision to issue the permit.

h. A permit issued under this article is granted for the specific design and one-time production of the mural as presented in the application. Any alterations must be submitted to the community development director for review and may require additional public hearing and approval by the commission for the same procedures and noticing requirements as would otherwise apply for a permit application for a new mural.

(Ord. No. 1700, § 1, 12-7-2020)

(a) A mural permit is revocable by the community development director if it is determined at any time that the mural conflicts with the information provided in the application or with any one of the requirements listed in section 22-505 (Mural Requirements), below.

(b) Any person issued a permit shall agree to work diligently to construct, install and complete any mural for which a permit has been granted. In recognition of the forgoing, a permit issued pursuant to the article shall automatically expire upon the occurrence of either of the following: (i) the mural has not been completed within two years from the date the permit was issued; or (ii) the permittee has not commenced the construction and/or installation of the mural within one year from the date the permit was issued. If a permit expires pursuant to romanette (i) in the preceding sentence, the permit holder, at the permit holders sole cost and expense, shall be required to restore the subject property to its original condition, notwithstanding any partial work that may have been constructed or installed.

(c) Upon completion of the mural, the permittee shall promptly notify the community development director in writing so that a final inspection may be conducted and a release of the permit may be issued. In no event shall the permittee delay more than seven calendar days in notifying the community development director that the mural is completed and ready for final inspection and possible release. Notwithstanding the city's final inspection, the permit shall not be released nor the mural deemed complete for purposes of section 22-504(b) until such time as the permittee has recorded the covenant referenced under section 22-505(7), below.

(Ord. No. 1700, § 1, 12-7-2020)

Murals that meet all of the following requirements will be allowed upon satisfaction of the applicable permit procedures:

(1) A new mural shall remain in place, without alteration, for a minimum period to be determined by the applicant, but not less than one-year. The artist or landowner must enter into a maintenance agreement with the city for the period specified in the application to provide an assurance that the mural will be repaired in case of vandalism, weathered wall surface damage, or chipping paint. A mural may be removed prior to the expiration of the permit under the following circumstances:

a. The property on which the mural is located is sold; or

b. The structure or property is substantially remodeled or altered in a way that precludes continuance of the mural; or

c. The property undergoes a change of use authorized the building and safety division, the planning division or the planning and preservation commission.

(2) The mural shall not cause a pedestrian or vehicular safety hazard, including hazards in the form of impediments to the ingress and egress or pedestrians or vehicles or in the form of a distraction to motorists.

(3) A mural shall not be placed over the exterior surface of any building opening, including, but not limited to, windows, doors, and vents in such a way that blocks or restricts access to the opening.

(4) No part of the mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

(5) No part of the mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.

(6) No mural shall be arranged and illuminated in a manner that will produce light intensity of greater than three foot candles above ambient lighting, as measured at the property line of the nearest residentially zoned property.

(7) The owner of the property on which a mural is installed shall execute and deliver to the city clerk a covenant for recordation in a form approved by the city attorney. The covenant shall provide that the mural will be installed and maintained at all times in full compliance with this article. Except as otherwise provided under this article, the covenant shall remain in force for as long as the mural exists. The written covenant must be submitted to the city for review prior to the permittee commencement of any work to construct or install the mural. [The] city shall be under no obligation to release the permit as contemplated under section 22-504(c), above, until the city-approved covenant is recorded. The failure of the covenant to be timely recorded shall render the mural construction and installation incomplete and render the mural permit susceptible to expiration at contemplated under section 22-505(2), above, notwithstanding the outcome of the city's final inspection.

(8) Upon change of ownership of the property on which a mural is installed, the new owner may, at the owner's election and without the need for permission from the city, terminate the covenant and remove the mural, subject to the provisions of this article.

(9) Mural proposals set forth in any application for a new mural or any application to modify the appearance of an existing mural or any other terms of an existing mural permit shall also comply with any and all written policies or guidelines adopted by the city council resolution which are operative at the time a completed application is submitted, including the payment of all required fees.

(Ord. No. 1700, § 1, 12-7-2020)

(a) The city council may establish and from time to time amend a schedule of fees and charges for the recovery of costs associated with the city's review and study of permit applications and the maintenance of any regulatory program associated with the enforcement of this article. Until such time as the city council approves a resolution establishing a schedule setting the amount of any fee(s) contemplated under this article, the fee amount for any application or approval referenced under this article shall be deemed to be zero dollars.

(b) By resolution, the city council may establish, and from time to time amend, written policies and guidelines governing the design, construction, installation, maintenance and operation of murals subject to this article.

(c) The fee may be waived or reduced by the director of community development if there is a demonstrated educational component, pursuant to a written curriculum submitted by the applicant that engages youth.

(Ord. No. 1700, § 1, 12-7-2020)

(a) It is unlawful to violate any provision of this article. This applies to any applicant, any permittee, the proprietor of a use or development on which a permitted mural is located, or to the owner of the land on which the permitted mural is located. For the ease of reference in this section, all of these persons are referred to by the term "operator."

(b) The community preservation division must give written notice of any violation to the operator. Failure of the operator to receive the notice of the violation does not invalidate any enforcement actions taken by the city.

(c) Any violation of this article is considered a public nuisance.

(d) The community preservation division shall have the authority to enforce the regulations of this article.

(Ord. No. 1700, § 1, 12-7-2020)