(a) Purposes.
(1) These regulations relating to Original Art Murals in the City of Los Angeles further the following purposes: (1) encouraging artistic expression; (2) fostering a sense of pride; (3) preventing vandalism at mural sites through the installation of murals that vandals are reluctant to disturb; and (4) preserving existing murals that are a valued part of the history of the City of Los Angeles.
(2) The City wishes to encourage the installation of murals and, at the same time, prevent the proliferation of off-site commercial signs. Therefore, the City’s mural regulations exclude commercial advertising on murals to prevent the installation of the equivalent of an off-site commercial sign on a mural. This restriction on commercial advertising is intended to work in tandem with and help preserve the citywide ban on off-site commercial signs set forth in Section 14.4.4 of the Los Angeles Municipal Code. Both the ban and the exclusion of commercial advertising on murals are supported by the United States Supreme Court’s ruling in Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981). In Metromedia, the Supreme Court ruled that the only reasonable way that cities can stop the proliferation of off-site commercial signs is to ban them. The Supreme Court also ruled that cities can carve out exemptions to such a ban for noncommercial signs and on-site commercial signs.
(3) These mural regulations also promote public safety and welfare by regulating such displays in keeping with the following objectives:
(i) That the design, construction, installation, repair and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.
(ii) That the regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing and location of such displays.
(iii) That the public will enjoy the aesthetic benefits of being able to view such displays in numbers and sizes that are reasonably and appropriately regulated without having to endure visual blight and traffic safety impacts that would be caused by such displays that are not reasonably and appropriately regulated.
(iv) That consideration will be given to equalizing the opportunity for messages to be displayed.
(v) That adequacy of message opportunity will be available to sign users without dominating the visual appearance of the area.
(vi) That the regulations will conform to judicial decisions, thereby limiting further costly litigation and facilitating enforcement of these regulations.
(vii) To provide registration requirements and regulations for Original Art Murals as defined in Section 14.4.2 of the Los Angeles Municipal Code.
(b) Original Art Mural Registration.
(1) Authority. The Department of Cultural Affairs shall have the authority to determine that an application for an Original Art Mural or Vintage Original Art Mural meets all of the applicable registration requirements as established in the Mural Ordinance Administrative Rules.
(2) Administrative Rules. The Department of Cultural Affairs is authorized and directed to adopt Mural Ordinance Administrative Rules implementing this section.
(3) Neighborhood Involvement Requirement. The Mural Ordinance Administrative Rules to be adopted by the Department of Cultural Affairs shall include a neighborhood involvement requirement. Specifically, the rules shall include a requirement that an applicant for mural approval send notice of that application to the Neighborhood Council which has jurisdiction over the area of the City in which the proposed mural will be installed at least 45 days prior to the Department registering the mural. No mural shall be registered until the applicant certifies that the applicant has completed this neighborhood involvement requirement. This is a procedural requirement only, and the General Manager shall at all times retain sole authority to approve or deny an application for a mural based on the criteria in Section 22.119 of the Los Angeles Administrative Code and any Mural Ordinance Administrative Rules promulgated by the Department of Cultural Affairs. Further, in no event will registration of a mural be granted or denied based upon the content of the mural.
(4) Covenant. In connection with the installation of a new Original Art Mural, the applicant shall be required to record a covenant with the Office of the County Recorder and the Department of Cultural Affairs. The covenant shall require that the mural comply at all times with all provisions of the Original Art Mural Regulations specified in Subsection (b) of this Section 22.119
. In addition, the covenant shall remain in force for as long as the mural exists.
(5) Change of Ownership. Upon a change of ownership of the property to which an Original Art Mural is affixed, a new owner may, at the owner’s election and without the need for permission from the Department of Cultural Affairs, de-register the mural with that department and terminate the covenant.
(c) Grandfathering of Vintage Original Art Murals. Any Vintage Original Art Mural installed prior to the effective date of this section, shall have legal nonconforming status and, notwithstanding any provision of this Section 22.119
to the contrary, not require registration under this Section 22.119
. But a Vintage Original Art Mural which has not gained legal nonconforming status through law other than this Section 22.119
cannot qualify for legal nonconforming status under this Section 22.119
if it consists or contains any of the following: electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).
(d) Original Art Mural Regulations. An Original Art Mural that meets all of the following requirements will be allowed upon satisfaction of the applicable registration procedures:
(1) The mural shall remain in place, without alteration, for a minimum period of two years. “Alterations” include 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 an “alteration”. Such minor changes may include slight an 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. A mural may be removed within the first two years of the date of registration under the following circumstances:
(i) the property on which the mural is located is sold; or
(ii) the structure or property is substantially remodeled or altered in a way that precludes continuance of the mural; or
(iii) the property undergoes a change of use authorized by the Department of Building and Safety.
(iv) the owner of a mural may request per- mission from the Department of Cultural Affairs to remove a mural prior to the expiration of the two year period, which the Department may grant upon making a finding that the continued maintenance of the mural is not feasible and that the early removal of the mural is not in furtherance of off-site commercial advertising.
(2) No part of a mural shall exceed the height of the structure to which it is tiled, painted or affixed.
(3) No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted or affixed.
(4) No part of a mural shall exceed a height of 100 feet above grade.
(5) No mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).
(6) No mural, except for murals consisting completely of paint, shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material permitted under this Section 22.119 may be placed on roll down security doors on a commercial or industrial building.
(7) No mural shall be placed on a lot that is improved with only one single-family residential structure and accessory structures. Notwithstanding the foregoing, a mural may be placed on a lot that is developed with only one single-family residential structure and accessory structures if the lot is located within the boundaries of Council Districts 1, 9, 14 or 15, as defined by Los Angeles Ordinance No. 182,168. The mural regulations set forth in this Section 22.119 are permissive. Thus, murals are only allowed as authorized by this Section 22.119. Any murals that are not so authorized are prohibited.
(8) No mural shall be arranged and illuminated in a manner that will produce a light intensity of greater than three foot candles above ambient lighting, as measured at the property line of the nearest residentially zoned property.
(9) Digitally printed image murals shall receive approval of both the Los Angeles Fire Department and the Department of Building and Safety.
(e) Severability. If any part, sentence, phrase, clause, term, or word of this Section 22.119
is declared invalid or unconstitutional by a valid court judgment or decree of any court of competent jurisdiction, the declaration of such invalidity or unconstitutionality shall not affect the constitutionality or lawfulness of the remainder of this Administrative Code, the Los Angeles Municipal Code, or any other City regulation regulating signage, billboards, or Original Art Murals.
SECTION HISTORY
Added by Ord. No. 182,706, Eff. 10-12-13.
Amended by: Subsecs. (d)(6) and (d)(7), Ord. No. 182,825, Eff. 1-27-14; Subsec. (d)(7), Ord. No. 185,059, Eff. 8-16-17.