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Item No. 1.
MEETING DATE: March 14, 2022
TO:	PLANNING COMMISSION
FROM:	SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT By:
SUBJECT:	A DULY NOTICED PUBLIC HEARING FOR CONSIDERATION OF A REQUEST FOR CONDITIONAL USE PERMIT 22-06 FOR PUBLIC ART (MURAL) AT 901 EAST IMPERIAL HIGHWAY

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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, Class 1: "Existing Facilities" of the California Environmental Quality Act Guidelines.

RECOMMENDATION:

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-06 FOR PUBLIC ART (MURAL) AT 901 EAST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

DISCUSSION:

The Applicant, Howard's Appliance, is requesting approval for public art (mural) painted on an existing commercial building. The property is located on the northerly side of Imperial Highway to the west of Harbor Boulevard (see Vicinity Map, attachment 1). The General Plan land use designation for the site is Commercial Highway. The property is within the C-2 Commercial Zone with a Planned Unit Development (PUD) overlay, which is consistent with the property's General Plan land use designation.

The mural is painted on the east-facing wall of the Howard's Appliance store, which is visible from the adjacent ALDI market and west-bound traffic on Imperial Highway. The eastern wall of the building is directly on the property line (i.e. 0' setback). The mural is approximately 20 feet tall by 40 feet wide and the wall on which the mural is painted is 28 feet tall by 70 feet wide, thereby covering 40% of the wall. The mural depicts the first Howard's Appliance store in San Gabriel, California. Howard's was established over 75 years ago in 1946 and currently has fourteen stores in Southern California, including the one in La Habra.

Analysis

The proposed project is before the Planning Commission pursuant to LHMC Section 18.06.040(A) of the La Habra Municipal Code, 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 in that zone. The proposed public art in a commercial zone is substantially similar to public art as permitted by the Planning Commission in a multi-family residential zone, as per Section 18.26.040.C2c. In order to grant approval of the Conditional Use Permit for the mural, the following findings must be met:

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 a retail establishment. Also, conditions have been placed on the project to ensure there are no negative impacts to the surrounding uses. 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 mural will occupy the east-facing wall of the existing commercial building. The proposed public art can be physically accommodated on the structure and does not occupy any ground space. Thus, this 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, 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 a conditionally permitted use. The proposed mural is substantially similar to public art which is permitted by the Planning Commission in the multi-family residential zones.

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

The Land Use designation for the subject site is Commercial Highway by the General Plan 2035. This Land Use is characterized by commercial uses on large parcels that are adjacent to main arterials. The City of La Habra does not currently have an official public art program. However, the La Habra General Plan 2035 references public art in a couple of places, both directly and indirectly. This includes within the Land Use Section (Chapter 2, Section A) and the Community Identity Section (Chapter 2, Section E). The projects implement Policies LU 4.4 (Design Review), LU 5.6 (Building Rehabilitation), LU 11.9 (Retail Landscapes), CI 2.4 (Iconic Buildings), and CI 3.3 (Private Signage) of the La Habra General Plan 2035.

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

Related Cases

On February 25, 1980, the Planning Commission approved Planned Unit Development Precise Plan 80-01 for a two-story, retail/office building and denied Conditional Use Permit 80-02 for a 38-foot high freestanding sign.
On March 24, 1980, the City Council approved Planned Unit Precise Plan 80-01 and considered an appeal of Conditional Use Permit 80-02. The City Council overruled the Commission and approved the sign to 20 feet in height.
On July 14, 1980, the Planning Commission approved Conditional Use Permit 80-20 for a 25-foot high freestanding sign.
On July 25, 1988, the Planning Commission approved Conditional Use Permit 87-97 and Zone Variance 87-135 for a 45-foot tall freestanding sign with an electronic reader-board.
On January 8, 2018, the Planning Commission approved Design Review 17-08 for facade and site improvements.

Required Findings

Findings of Fact are required to be made before a Conditional Use Permit can be granted. The findings are provided in the attached resolution along with conditions that staff has identified as being necessary to ensure that the proposed project will have no negative effects on the public welfare and compliance with all appropriate City codes and ordinances.

FISCAL IMPACT/SOURCE OF FUNDING:

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 projects in other locations throughout La Habra. No General Fund monies were used for this project.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):

The proposal has been reviewed pursuant to the requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation 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).

GENERAL PLAN RELEVANCE:

The City of La Habra does not currently have an official public art program. However, the La Habra General Plan 2035 references public art in a couple of places, both directly and indirectly. This includes within the Land Use Section (Chapter 2, Section A) and the Community Identity Section (Chapter 2, Section E). The first place that mentions public art specifically is within one of the Land Use policies, LU 11.9 Retail Streetscapes, which states:

Maintain and, where deficient, improve street trees, plantings, furniture (such as benches, trash receptacles, newsracks, and drinking fountains), signage, public art, and other amenities that promote pedestrian activity in retail commercial districts and corridors.

Furthermore, the description of Section E "Community Identity," provides additional guidance for public art. The second paragraph of Section E has a description of Community Identity that provides additional guidance as follows:

Factors contributing to and strengthening La Habra’s community identity fall into four categories. First, new development described in the Land Use Element offers opportunities to transform homogenous and indistinct corridors and centers into well-defined pedestrian-oriented activity areas and complete neighborhoods. These places are differentiated from the surrounding suburban fabric by their uses, physical form and scale, and community life. The aesthetic quality and character of the built environment and natural open spaces are important contributors to the sense of place and identity. Well-landscaped streets, parks, and plazas provide places for active pedestrian use and public gatherings and celebrations. Signage, landscape, public art, and other improvements at the City’s boundaries along arterial highways provide the sense of “entry” from adjoining communities. Finally, contributing to a positive quality of life and health of residents are the City’s extraordinary diversity of social, recreational, and health services.

The projects implement Policies LU 4.4 (Design Review), LU 5.6 (Building Rehabilitation), LU 11.9 (Retail Landscapes), CI 2.4 (Iconic Buildings), and CI 3.3 (Private Signage) of the La Habra General Plan 2035.

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