Applicability. The provisions relating to murals shall not be interpreted to violate the federal Visual Artists Rights Act, codified as 17 U.S.C. § 106A, or the California Art Preservation Act, codified as Civil Code § 987 et seq.
The general requirements for signs articulated in Section 17.75.080 (General Requirements for All Signs) do not apply to murals.
The placement of a mural on commercial premises will not be applied to the sign area allotment for those premises.
The property owner is responsible for compliance with these provisions.
Murals may be painted on, tiled, or affixed to a building.
Murals may not depict obscene or defamatory content.
Murals may not contain commercial messages; this prohibition shall include, but not be limited to, advertising for goods or services, corporate logos, sponsorship logos, the name and/or symbol of a recognizable entity, copyright, or trademark information related to a business or commercial enterprise of any kind, as well as artistic depictions of the business, goods, or services being provided on the premises.
Murals must comply with the following construction and placement requirements:
The colors, construction materials and mediums to be used for the mural should be compatible with the architectural style of adjacent buildings and structures. This requirement is not intended to limit or dictate the content and/or message of the mural.
Murals must be permanently affixed to the structure or building, and must be constructed of a permanent material or medium to be durable against graffiti, vandalism, fading, and weather. To this end, the material or medium to be used for construction of the mural shall be approved, prior to commencement of the mural, by the director as constituting such permanent and durable nature.
Murals must be maintained in a safe, neat, and orderly manner.
No mural may consist of, or contain, electrical or mechanical components, or changing images; provided that, static illumination turned off and back on not more than once every 24 hours is permitted.
Murals may not contain fluorescent colors (i.e., colors that are strikingly bright, vivid, or glowing).
No part of a mural shall exceed the height of the structure on which it is placed.
No part of a mural shall extend more than six inches from the plane of the wall upon which it is placed.
No mural shall be placed so as to interfere with ingress or egress from any structure, or in any way obstruct doors, windows, doors, vents or any other similar building element that would threaten the public health and safety.
No mural shall be arranged and illuminated in a manner that will produce a light intensity of greater than three footcandles above ambient lighting, as measured at the property line of the nearest residentially zoned property. Illumination must be directed so that it only illuminates the mural and does not spill over into residential properties.
Murals on properties in specific plans and overlay districts shall, in addition to the requirements of this chapter, meet any specific design requirements for murals set forth in the ordinance(s) establishing the specific plan or overlay district.
Murals that would result in a property becoming out of compliance with the provisions of the city's municipal code or any land use conditions of approval for the property on which a mural is to be located, are prohibited.