This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303 (New Construction or Conversion of Small Structures) because the project involves a mural on an existing garage where only minor modifications have been made to the exterior of said garage. No construction and/or modifications are being proposed which would result in any new square footage being added.

EXHIBIT 3



On January 18, 2022, nearby residents contacted City staff about the mural and inquired whether it was permitted in the subject location.   Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040(A), uses which are not specifically listed in Table 18.06.040.A - Land Use Matrix, are prohibited unless, pursuant to a review by the planning commission, the commission makes a determination that the proposed use is substantially similar to another permitted or conditionally permitted use. In addition, LHMC Section 18.66.010(A) states that uses may be permitted by the planning commission in zones from which they are prohibited where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the City’s comprehensive general plan. Since the use is not specifically listed as a permitted or conditionally use within the R-1c (One Family Dwelling) Zone, Code Enforcement staff issued a Notice of Violation for the prohibited use on January 25, 2022; a second Notice of Violation was issued on March 14; and, a final Notice of Violation was issued on April 13, 2022. On May 10, 2022, the property owner, Mr. Ricardo Gonzalez, submitted an application for Conditional Use Permit (CUP) 22-19, to allow the property owner to retain the subject mural.  In addition, the property owner covered up the mural with a landscaping mesh type fabric that obscures the mural from public view, as shown in Exhibit 3. As a result of these actions, no further Code Enforcement action was taken.

ANALYSIS

This request for approval of a CUP to retain the subject mural is before the planning commission pursuant to LHMC Section 18.06.040(A) and LHMC Section 18.66.010(A). These code sections state that the use can be approved if the commission makes a determination that the proposed use is substantially similar to another permitted or conditionally permitted use; and, where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the City’s comprehensive General Plan. Furthermore, pursuant to LHMC Section 18.66.070(C), in order to grant approval of any CUP, the planning commission would need to make the required findings listed below. Following each finding, is staff's analysis of whether the subject mural meets these findings. As indicated by the analysis, staff does not believe that the planning commission can make the required findings to permit the mural; and therefore is recommending that commission approve the attached resolution to deny the CUP.

1. The granting of such Conditional Use Permit will be detrimental to the public welfare and will unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will impair the character of the zone in which it is located. 

The subject property is located on the north side of Sandlewood Avenue, east of Euclid Avenue, as shown in Exhibit 1. The General Plan land use designation for the site is Low Density Residential, which is described in the General Plan as "characterized by single-family residential development in a semi-rural setting and conventional single-family residential developments constructed in subdivisions." The property is within the R1-c (One Family Dwelling) Zone, which implements the Low Density land use designation.  Surrounding properties to the north, east, west and south are also designated by the General Plan for low density residential land use, have similar zoning, and are within conventional single-family residential development subdivisions. To the northeast of the property, across Euclid Street, are apartments, a church, and Montwood Park. 

Nearby residents have expressed concern regarding the mural design and have questioned whether it enhances the neighborhood. The mural is highly visible to the homes located to the north of the subject property, which includes several homes on Valwood Street, Gwynwood Avenue and West Patwood Drive. The mural was painted using predominantly dark colors that appear to conflict with the surrounding conventional single-family residential development subdivisions. Given the sharp contrast with the surrounding homes, the mural appears to overshadow the overall aesthetic character of these residential streets. 

While LHMC Section 18.26.040.C2c permits public art within the City's multiple-family dwelling zones and the planning commission has previously approved CUPs to allow murals on buildings located within commercial zones, staff believes that the subject mural is not consistent with the surrounding "conventional single-family residential developments constructed in subdivisions." Therefore, the granting of the subject CUP would be detrimental to the public welfare and would unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will impair the character of the zone in which it is located.  

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

The subject mural is painted on the rear elevation of an existing detached garage of a one-family dwelling, located at a higher level grade than properties located to the north of the subject property. The mural does not complement the design of the homes in the surrounding conventional single-family residential development subdivision. Instead, its non-compatible, dark color composition creates an unexpected backdrop to the homes located below Sandlewood Avenue that disrupts the aesthetic character of the streets that sit below Sandlewood Avenue. Therefore, the site is not physically suitable for the subject mural. 

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

LHMC Section 18.06.040(A), states that uses which are not specifically listed in Table 18.06.040.A - Land Use Matrix, are prohibited unless, pursuant to a review by the planning commission, the commission makes a determination that the proposed use is substantially similar to another permitted or conditionally permitted use. While there is precedent for permitting public art within the City of La Habra, in that LHMC Section 18.26.040.C2c permits public art within the City's multiple-family dwelling zones; and, on March 14, 2022, the planning commission approved CUPs to allow murals on buildings located within commercial zones; staff believes that the subject mural is not consistent with the subject property's location in the R1-c (One Family Dwelling) Zone.

In addition, LHMC Section 18.66.010 states that uses may be permitted by the planning commission in zones from which they are prohibited where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the City’s comprehensive general plan. The subject residential mural design is incompatible with the surrounding single-family neighborhood home designs for the reasons stated above in Finding Nos. 1 and 2. As described in Finding No. 4 below, the subject mural is not in harmony with the various elements or objectives of the City’s comprehensive General Plan. Therefore, there is insufficient justification for the planning commission to make this finding.

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

The General Plan contains the following three references to public art; there are no references to murals: 

• Policy LU 11.9 states that the City should "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."
• The Community Identity (CI) section of the General Pan states that "Signage, landscape, public art, and other improvements at the City's boundaries along arterial highways provide a sense of 'entry" from adjoining communities."
• The Implementation Plan references public are in relation to Public Streets Improvement Plans "The content of streetscape master plans, whether a part of a specific plan or separate document, should be developed to address the unique conditions and objectives for each area. They should specify such items as sidewalk connectivity within the planning area and to external destinations (adjoining uses, parks, schools, and so on), street crossings, paving/hardscape materials, design treatments, trees and planted landscapes, irrigation, wayfinding signage, lighting, pedestrian amenities (benches, trash receptacles, and other street furniture), public art, and drainage."

The General Plan does not include any reference to encouraging public art, such as the subject mural, in residential neighborhoods.

Furthermore, Goals LU 4 "A Quality Community" and CI 2 "Community Places" include the following policies to ensure design compatibility:

• LU 4.1: Development Comparability. Require that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality, and aesthetics.
• LU 4.4: Design Review. Require design review that focuses on achieving appropriate form and function for new and redeveloped projects to assure compatibility with community character, while promoting creativity, innovation, and design quality. 
• CI 2.3: Require building design that respects the local context in scale, massing, and materials; is responsive to La Habra's climate; and, considers the historic and cultural context of its neighborhood. 

As described above, and pursuant to LHMC Sections 18.06.040(A), 18.66.010 and 18.66.070(C), staff has evaluated how this mural functions in its single-family residential setting and how it relates to the city's policies for public art.  While the mural was painted along the back of an existing detached garage, it is evident from Exhibits 2 and 3 that the mural will be highly visible due to the fact that many of the surrounding homes are located on adjoining rear lots to the north that are situated at a lower grade level.  The mural can easily be viewed from Valwood Street, Gwynwood Avenue and West Patwood Drive. While the mural design has desirable artistic qualities when viewed by its self, it is not compatible with the surrounding community.  The processing of a CUP allows an avenue for community input on the above findings. However, based on the public inquiries that initiated this case, it is evident that some residents have expressed concern regarding the mural and whether it enhances the surrounding neighborhood.  Staff believes that the mural conflicts with the aesthetics of the surrounding conventional single-family residential development subdivisions and creates an unexpected/unconventional backdrop to the homes that sit below Sandlewood Avenue and the adjacent residential streets. The mural does not align with the General Plan's vision for public art and appears incompatible with surrounding single-family homes. Therefore, staff does not believe that the commission will be able to make the findings necessary to approve Conditional Use Permit No. 22-19.

The Applicant's 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 the preparation of a WQMP.

• LU 4.1: Development Comparability. Require that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality, and aesthetics.
• LU 4.4: Design Review. Require design review that focuses on achieving appropriate form and function for new and redeveloped projects to assure compatibility with community character, while promoting creativity, innovation, and design quality. 
• CI 2.3: Require building design that respects the local context in scale, massing, and materials; is responsive to La Habra's climate; and, considers the historic and cultural context of its neighborhood. 

• Goal 5 - Development Activity and Business Assistance
  • Objective C: Work closely with commercial and residential property owners to improve and maintain the appearance of their properties.
  • Objective S: Create a Public Art Program requirements/in lieu fee for larger development projects.