A. 
The purpose of this chapter is to promote the general welfare and enhance the quality of life for city residents, workers, and visitors by improved public placemaking and promotion of the arts.
B. 
The fees imposed under this chapter are in addition to any other applicable fees, dedications, construction requirements or other exactions imposed as a condition of approval for the development project, or under the provisions of any state or federal law, other provisions of this code, or city resolutions and policies.
C. 
Nothing contained in this chapter shall prevent the city council from imposing requirements for inclusion of public art in particular projects not subject to the requirements of this chapter, pursuant to conditions imposed upon a particular discretionary approval, where it is determined that facts particular to the proposed development warrant such imposition.
(Ord. 992 § 2, 2022)
A. 
All private development projects, as defined in this chapter, with building permit valuation greater than $500,000 shall be subject to a public art impact fee as defined in this chapter.
1. 
Private development projects include the following:
a. 
New nonresidential developments, or expansion of existing nonresidential square footage;
b. 
Residential subdivision or development of more than two dwelling units, whether by detached single-family residential structures, condominiums, apartments, townhouses, or other dwelling units; and
c. 
Mixed use developments where either of the above are true.
B. 
Exclusions. The public art impact fee shall not apply to projects performed by or under control of the city; repair or reconstruction of existing structure damaged by fire, flood, wind, earthquake, or other natural disaster; affordable housing including transitional housing, low-income housing construction, remodel, repair, or reconstruction projects; or construction, remodel, repair, or reconstruction of structures to be occupied by a nonprofit, social service agency or institution.
C. 
Public art includes the following:
1. 
Physical artwork (e.g., sculptures and murals);
2. 
Performing arts;
3. 
Literary arts;
4. 
Media arts;
5. 
New media;
6. 
Cultural facilities (public galleries, exhibition space, performance space, theaters, artistic studio space, amphitheater, parks, educational facilities, or similar facilities);
7. 
Education: lectures, presentations, workshops, and arts and culture; and
8. 
Other works as determined by the city manager or designee.
(Ord. 992 § 2, 2022)
Prior to the issuance of a building permit, a public art impact fee must be paid to the city of Moreno Valley for deposit in the city's public art fund. The public art impact fee for new development is equal to one percent of the private development project's building permit valuation. Private development project valuations will be conducted by city of Moreno Valley staff in accordance with its standard procedures. No building permit, nor occupancy permit, shall be issued for any applicable private development project unless the fees specified in this chapter are paid.
(Ord. 992 § 2, 2022)
Permissible expenditures of funds may include, but are not limited to, the following uses:
A. 
The cost of the public art and its installation or presentation;
B. 
Construction of facilities in which to present public art (public galleries, exhibition space, performance space, theaters, artistic studio space, art and educational facilities, or similar facilities);
C. 
Lighting, walls, landscaping, informational signage, water works, and other objects which are an integral part of the public art and its presentation; and
D. 
Public education and promotion of the public art program and collections.
(Ord. 992 § 2, 2022)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
(Ord. 992 § 2, 2022)