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:
means a person who 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.
means an original creation of art, designed and envisioned
by an artist, including, but not limited to, the following media and
materials:
A sculpture which may be freestanding, wall-supported or suspended,
kinetic, electronic, or in any material or combination of materials;
Affixed murals, mosaics, or paintings in any material or combination
of materials;
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;
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.
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Artwork, as defined herein, may be made with any material or
combination of materials and may be permanent, fixed or temporary.
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means the total valuation for an applicable project, excluding
land value and off-site improvement costs, as determined by the building
official.
means any exterior area on private or public property which
is easily accessible or clearly visible to the general public.
(Ord. 515 § 10, 2023)
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;
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)
The Moorpark arts commission, established pursuant to Chapter 2.38 of this code, shall be responsible for the review of proposed artwork design and location pursuant to Section 17.50.120 of this chapter.
(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.
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:
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)
