The city council finds and declares:
A. 
Cultural and artistic resources, including artwork and performing arts, enhance the quality of life for individuals living in, working in, and visiting the city.
B. 
Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.
C. 
As development and revitalization of the real property within the city continue, the opportunity for creation of cultural and artistic resources is diminished. As development and revitalization continue as a result of market forces, urbanization of the community results. As these opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.
D. 
Development of cultural and artistic assets should be financed by those whose development and revitalization diminish the availability of the community's resources for those opportunities and contribute to community urbanization.
E. 
Establishment of this art in public places program will promote the general welfare through balancing the community's physical growth with revitalization and its cultural and artistic resources.
(Ord. 515 § 10, 2023)
As used in this chapter:
"Artist"
means a person, group or organization that has established a reputation of artistic excellence in the arts, including, but not limited to, visual, or performing arts, as judged by peers and experts in the field, through a record of public exhibitions, performances, commissions, sale of works, recognition and/or educational attainment. The qualified artist shall work primarily in the production of unique art. The city council may, at its discretion, recognize and approve other persons, groups or organizations as artists based on education, training, demonstrated creative achievement, or contribution to the arts.
"Artwork"
means an original creation of art, designed and envisioned by an artist, including, but not limited to, the following media and materials:
1. 
A sculpture which may be freestanding, wall-supported or suspended, kinetic, electronic, or in any material or combination of materials;
2. 
Affixed murals, mosaics, or paintings in any material or combination of materials;
3. 
Decorative, ornamental, or functional building elements such as gates or other architectural elements of a building, as approved by the city, commissioned for the purpose of creating a permanently affixed piece of art;
4. 
Water features or fountains, if the design is not dependent on the addition of water to function as an artistic enhancement should the water cease to function properly. There must be a demonstrated collaboration between the artist and the water feature design company with the artist as the lead concept designer.
"Artwork," as defined herein, may be made with any material or combination of materials and may be permanent, fixed or temporary.
"Building valuation"
means the total valuation for an applicable project, excluding land value and off-site improvement costs, as determined by the building official.
"Public place"
means any exterior area on private or public property which is easily accessible or clearly visible to the general public.
(Ord. 515 § 10, 2023; Ord. 532, 1/21/2026)
An art fund shall be created where fees are deposited pursuant to this chapter. The fund shall be maintained and used solely for the city's art in public places program:
A. 
For the acquisition, installation, improvement, maintenance and insurance of an artwork;
B. 
For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the city;
C. 
For maintenance and utility charges related to property purchased pursuant to subsections A and C of Section 17.50.130 of this chapter;
D. 
For the development of a design concept and the preparation of construction drawings;
E. 
For costs associated with administering the art in public places program, in an amount not to exceed 15% of the program allocation;
F. 
For the acquisition, design, construction, operation and/or maintenance of art and/or multicultural display space, demonstration, and performance space to be utilized by individuals and nonprofit arts organizations for arts and cultural programming;
G. 
For developing multicultural programs for the enjoyment and appreciation of art, heritage and culture within the Moorpark community;
H. 
For supporting the development of arts and multicultural programming in Moorpark by eligible nonprofit organizations, subject to city council approval.
(Ord. 515 § 10, 2023)
A. 
All new residential developments of more than four units, and all commercial and industrial development projects, with a building valuation exceeding $500,000 shall be subject to the provisions of this chapter.
B. 
Including, but not limited to, exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than four units and all remodeling of existing commercial and industrial buildings shall be subject to the provisions of this chapter when such remodeling results in additional gross square footage of the building and has a valuation exceeding $250,000.
(Ord. 515 § 10, 2023)
The following developments or modifications, alterations and additions to the developments are exempt from this chapter: low or moderate housing, senior housing, performing arts facilities, museums, public buildings, interior remodeling/tenant improvements, and national and state disaster repairs/rebuilding required by code. This exemption shall apply only as long as the exempt use is maintained.
(Ord. 515 § 10, 2023)
A. 
Any development subject to this chapter pursuant to Section 17.50.050 of this chapter shall be obligated to contribute to the city's art in public places program. The amount of such contribution shall be a percentage of the total building valuation for the development. The percentage required to be contributed shall be set by city council resolution.
B. 
At the city's sole discretion, an applicant may satisfy the contribution obligation required by subsection A of this section in one of two ways:
1. 
Through payment in cash of the contribution amount directly to the art fund (the "in-lieu fee"); or
2. 
Through installation of an approved artwork, equal to or exceeding the value of the contribution amount, pursuant to Section 17.50.100 of this chapter. Artwork must be installed in a public place, with the specific site location to be approved by the city.
C. 
Fifteen percent of the revenue generated from the art fund may be allocated for city administrative costs.
(Ord. 515 § 10, 2023)
A. 
The applicant must record a maintenance covenant on the subject property, in a format approved by the city, which provides for ongoing maintenance of approved artwork prior to the issuance of a certificate of occupancy or prior to the final building permit sign-off.
B. 
Removal of approved artwork on private property pursuant to this chapter without city approval is a violation of this chapter.
(Ord. 515 § 10, 2023)
For developments to be built in phases, the applicant shall provide the city with a detailed phasing plan and timeline. In phased developments, the applicant may be required to install public art in each development phase at the city's discretion.
(Ord. 515 § 10, 2023)
A. 
If the city approves an applicant's payment of an in-lieu art fee to satisfy his or her public art obligation, such payment shall be made prior to the issuance of a building permit. As used in this chapter, "applicant" shall be an applicant for a building permit for a development which is subject to this chapter, pursuant to Section 17.50.050 of this chapter.
B. 
If the city approves an applicant's installation of an approved artwork on private property to satisfy his or her public art obligation, the artwork shall be approved, as provided herein, prior to the issuance of a building permit. Such approved artwork must be installed and complete prior to issuance of a certificate of occupancy.
C. 
The applicant must record a maintenance covenant of the subject artwork as provided in Section 17.50.070 of this chapter, prior to the issuance of a certificate of occupancy.
D. 
If any approved artwork placed on private property pursuant to this chapter is removed without city approval, the certificate of occupancy may be revoked.
(Ord. 515 § 10, 2023)
A. 
Expenses which may be used for calculating the value of the artwork are limited to:
1. 
Fees for the artist, structural engineering and fabrication;
2. 
Mountings, pumps, motors, subterranean equipment, pedestals, or materials directly necessary for installation of the artwork; and
3. 
Lighting elements integral to illuminating the artwork.
B. 
Expenses not allowed to be calculated in the value of the artwork include, but are not limited to:
1. 
Expenses to locate an artist;
2. 
Architect and landscape architect fees;
3. 
Landscaping around an artwork;
4. 
Transportation of the artwork;
5. 
Utility fees associated with activating electronic or water-generated artwork; and
6. 
Lighting elements not integral to the illumination of the artwork as determined by the city.
(Ord. 515 § 10, 2023)
A. 
Application Procedures. An application for placement of artwork on private property shall be submitted to the community development department with a copy to the park, recreation, and community services department and shall include, but not be limited to:
1. 
Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;
2. 
An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs;
3. 
Preliminary plans containing such detailed information as may be required by the community development department to adequately evaluate the site location of the artwork in relation to the proposed development and its compatibility with the neighborhood in which it is located; and
4. 
A narrative statement indicating how the artwork will be displayed in a public place freely available to the general public at least 10 hours each day, or equivalent alternatives acceptable to the city.
B. 
Approval.
1. 
The parks, recreation, and community services director shall review the application for completeness, and if it is found complete, prepare a recommendation to the arts commission.
2. 
The commission shall be responsible for reviewing the proposed artwork for its aesthetic quality and harmony with the existing and proposed on-site improvements, and the proposed location of and public accessibility to the artwork.
3. 
The commission shall provide a recommendation to the city council regarding the site location and conceptual design of the proposed artwork.
4. 
At the next regularly scheduled city council meeting, following the action by the commission, the parks, recreation, and community services director shall present the commission's recommendation for council consideration. Action by the city council is final.
(Ord. 515 § 10, 2023)
A. 
All artwork placed on the site of the applicant's project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site.
B. 
"Maintenance of artwork," as used in this chapter, shall include, without limitation, preservation of the artwork in good working condition to the satisfaction of the city; protection of the artwork against physical defacement, mutilation or alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the city. Prior to the placement of an approved artwork, the applicant and owner of the site shall execute and record a covenant in a form approved by the city for maintenance of the artwork. Failure to maintain the artwork as provided herein is hereby declared to be a public nuisance.
C. 
In addition to all other remedies provided by law, in the event the owner fails to maintain the artwork, upon reasonable notice, the city may perform all necessary repairs and maintenance, or secure insurance, and the costs therefor shall become a lien against the real property.
(Ord. 515 § 10, 2023)