This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15301(a), Class 1, "Existing Facilities" of the CEQA Guidelines because the project involves limited exterior alterations to the existing building facade, which will not affect the size of the existing building and will not require any site modifications.

The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this project, and the approval of similar projects in the vicinity, is not expected to have any significant environmental impact. The project is not located along any state-designated scenic highway nor within any designated hazardous waste site. The project will not cause a substantial adverse change in the significance of any historical resource because the public art affects a building that was substantially renovated in 1998, which is less than 50 years ago. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this project.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING CONDITIONAL USE PERMIT 25-0011 TO ALLOW THE INSTALLATION OF PUBLIC ART (MURAL) ON AN EXISTING COMMERCIAL BUILDING LOCATED AT 100 WEST LA HABRA BOULEVARD, SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301(A), CLASS 1: "EXISTING FACILITIES" OF THE CEQA GUIDELINES

The Applicant and Property Owner, Greg Jones of Kahuna Properties, LLC, is requesting approval for a muralist, Carla Roque, contracted by the City, to install public art (mural) on an existing commercial building located at 100 West La Habra Boulevard. The subject property is located on the southwest corner of West La Habra Boulevard and Euclid Street (see Vicinity Map, Attachment 1). The General Plan land use designation for the site is Commercial Professional/Office Priority. The property is within the La Habra Boulevard Specific Plan SP-1 Zone, which is consistent with the property's General Plan land use designation. The property is developed with a commercial strip center that is anchored by a 7-Eleven convenience market on the southeast corner of the subject property.

Chapter 18.04 (Definitions) of the La Habra Municipal Code (LHMC) defines a "mural" as an "artistic picture or scene applied or painted onto a building wall or other structure, but containing no advertising message and not associated with graffiti or related acts of vandalism." The muralist would paint the proposed mural, as shown in Exhibit 1 below, on the east-facing wall of the 7-Eleven convenience market. The mural would be highly visible from Euclid Street. The eastern wall of the 7-Eleven building is directly on the property line (i.e., zero setback). The mural will be approximately 16 feet tall by 50 feet wide, encompassing the entire wall face or a total of 800 square feet. The City's Graffiti Abatement team will maintain the mural and remove any graffiti should it be tagged. In addition, an anti-graffiti coating will be included with the mural design. The draft resolution approving this Conditional Use Permit (CUP) includes a condition of approval requiring the applicant to enter into an agreement with the City of La Habra regarding the installation of the public mural, including but not limited to, the mural’s display, maintenance, graffiti removal, etc. In addition, the Applicant has identified that he will be requiring that this agreement also allow him to request removal of the mural with 60 days notice to the artist and the City.

EXHIBIT 1 - Proposed Mural:


The proposed mural was designed by Carla Roque, a community artist who has created artwork for the City of La Habra for the past 14 years, including ten public art mural projects, as well as logos and illustrations for the La Habra Children’s Museum and various City events. Aside from her work for the City of La Habra, she has created public art murals for the cities of Temecula, Tustin and Anaheim. She also created 46 murals for the Anaheim Elementary School District from 2022-2024. The design of the proposed mural was originally created for the City's street pole banners, which are currently on display on Euclid Street. Ms. Roque designed the artwork to commemorate the City of La Habra's Centennial. The design is intended to be reminiscent of historic citrus crate labels and features the main crops produced and exported from the City: oranges, lemons and avocados. The text of the mural displays "La Habra" in large letters in the same font as one of the City's historic signs.  The color and style of art depict La Habra’s past by orienting the vintage elements of the art in a modern-style "selfie wall." Ms. Roque anticipates that the mural will encourage a sense of community pride, as well as provide a photo opportunity.
 
The proposed mural would commemorate the City's Centennial Celebration and enhance the City's emerging Cultural Arts District in the downtown area. While the boundaries aren't specifically defined, this district generally includes the City Hall, Council Chamber, Police Department and Community Services Center, as well as the La Habra Children's Museum and The Phantom Projects Theater at the La Habra Depot. In the future, this district will include the relocation of the La Habra Woman’s Club and the La Habra Art Association to the property located just south from City Hall at 106 East 1st Avenue (former electronics business); and the La Habra Historical Museum to a property located approximately 250 feet south of the subject property, at 211 South Euclid Street (former chiropractor office). 

Although the LHMC defines the term "mural," neither mural nor public art are included as uses in LHMC Table 18.06.040.A - Land Use Matrix, a table of the Municipal Code that generally indicates whether uses are permitted, conditionally permitted or prohibited in each zone. The only reference to "public art" within the LHMC is within subparagraph 18.26.040.C.2.c of Chapter 18.26 (R-2, R-3, R-4, R-5, R-6 and R-7 Multi-Unit Dwelling Zones), which allows "fountains, public art, and plants as approved by the Planning Commission" to encroach into the yard setbacks within the Multi-Unit Dwelling Zones. The proposed project is before the Planning Commission pursuant to LHMC Section 18.06.040.A, which states "...any uses not specifically listed for the specific zone are prohibited unless, pursuant to a review by the Planning Commission, a determination is made that the proposed use is substantially similar to another permitted or conditionally permitted use." Therefore, because public art is permitted within the City's Multi-Unit Dwelling Zone, subject to the approval of the Planning Commission, staff is recommending that Planning Commission consider the proposed mural "public art" and allow it to be permitted within the SP-1 Zone, subject to the Planning Commission's approval of a Conditional Use Permit.

ANALYSIS

Pursuant to LHMC Section 18.66.070 (Planning Commission Action) of Chapter 18.66 (Conditional Use Permits), prior to the approval of the Conditional Use Permit, the Planning Commission must make the required findings listed below; following each finding is Staff's analysis of the proposal to meet the required finding.

 

1. The granting of such Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and or enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.

The proposed use (public art) will not impact any of the on-site improvements. Currently, the subject property provides adequate vehicular access and parking to support the existing use as an established commercial center. Also, conditions have been placed on the project to ensure there are no negative impacts on the surrounding area. Therefore, the proposed public art will not unreasonably interfere with the use, possession, and or enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.

2. The subject site is physically suitable for the type of land use being proposed.

The public art will occupy the east-facing wall of an existing commercial building. The proposed public art can be physically accommodated on the structure and does not occupy any ground space. Thus, the site is suitable for the type of land use proposed.

3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.

Pursuant to Section 18.06.040(A) of the La Habra Municipal Code (LHMC), uses not specifically listed for the specific zone are prohibited unless the Planning Commission makes a determination that the proposed use is substantially similar to another permitted or conditionally permitted use in that zone. The resolution includes a section for the Planning Commission to make such finding, since the proposed mural is substantially similar to a public service use that is conditionally permitted by the Planning Commission throughout the SP-1 zone, due to the fact that the public mural is being provided for the benefit of the community at large in order to enhance the multiple civic facilities that aim to provide citywide essential services.

4. The granting of this Conditional Use Permit is consistent with the comprehensive General Plan.

The General Plan designates the subject site for Commercial Professional/Office Priority land use. This General Plan describes properties with this designation as "characterized by professional business and corporate office uses and/or retail and service commercial uses developed at higher densities that benefit by their adjacency and synergy with like uses in a pedestrian-oriented "downtown" environment." The proposed public art will create visual interest on a wall that is currently blank, enhancing the pedestrian environment, and creating synergy with the emerging Cultural Arts District that the City is working on further developing within the surrounding area.

In addition, although the City of La Habra does not currently have an official public art program, the General Plan references public art both directly and indirectly within its goals and policies. The proposed public art would implement the following General Plan Goals and Policies:

As noted above, the required findings have been met for the subject mural; therefore, staff recommend approval of Conditional Use Permit 25-0011.

The costs associated with the processing of this request have been paid for by the City's Public Arts account. The Public Arts account has accrued monies from new development projects that were conditioned to either provide public art on their related properties or pay into the fund whereby the monies could be used for the projects in other locations throughout La Habra. No General Fund monies were used for this project.

The proposal has been reviewed pursuant to the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permits, the Local Implemenation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since no disturbance of soil will occur, this project is exempted by the Water Quality Ordinance from preparation of a Non-Priority Plan. All work will incorporate Best Management Practices (BMPs).

The proposed project implements the following General Plan goals and policies:

The proposed project implements the following City Council Goals and Policies: