(b)
This
article applies to proposals to install public murals on private,
commercial buildings within the City.
(c)
"Mural"
means any large-scale artwork, painting or mosaic, visible from public
rights-of-way, public spaces, and public areas of private, commercial
buildings, applied directly to an exterior area of a building face
or wall which may or may not include sculptural elements; an artwork
painted or printed on a material bolted or otherwise fastened to a
wall; and /or an artwork seeking to create a faux finish, illusory,
or trompe l'oeil (fool the eye) architectural detail on an exterior
wall.
(d)
Murals
are intended to further the goals of the City's Public Art Program
by:
(§ 2, Ord. 916, eff. March 7, 2021)
A complete application for a mural proposal must be submitted
to the office of the Arts Commission liaison at City Hall. The application
must include:
(a)
The
proposed artist's curriculum vitae or resume and samples of prior
mural work or other relevant artwork;
(b)
The
proposed design of the mural, in full color, drawn to scale;
(c)
A
list of the proposed materials and the method of their application
to the proposed wall;
(d)
A
copy of the building owner's proof of liability insurance.
(§ 2, Ord. 916, eff. March 7, 2021)
The proposed mural must not:
(a)
Be
placed on exit walls in a manner interfering with the identification
or recognition of an exit, fire escape, stairway, or window;
(b)
Identify
prices, products, or services for off-site commercial enterprises;
(c)
Include
an advertisement or be commercial in nature. Murals must not contain
copy, lettering, symbols or references directly to the promotion of
any product, business, brand, organization, service, cause or place.
Murals may contain limited commercial elements so long as they are
not considered commercial speech with the purpose of promoting a commercial
transaction;
(d)
Contain
false statements, fighting words, obscene language or images, or create
a clear and present danger to the general public.
(§ 2, Ord. 916, eff. March 7, 2021)
After receiving a complete application, a Public Art Jury shall
be called to review the mural application at a public meeting.
The Public Art Jury, appointed by the Arts Commission, shall
be composed of seven members including: a representative of the Arts
Commission, a representative of either the Planning Commission or
the Historic Preservation Commission, an artist, a community member
at large, two arts professionals, and a representative of the commercial
building who has submitted the mural application.
The Public Art Jury shall make a recommendation to the Arts Commission for final approval or denial. The Arts Commission's decision are subject to appeal as provided in Chapter 4, Title 1 of the City's municipal code. The Arts Commission shall schedule a public meeting to review and approve, approve with modifications, or disapprove the application. The applicant, artist, or a qualified art consultant appointed by the applicant, must attend the public meeting.
(§ 2, Ord. 916, eff. March 7, 2021)
The Public Art Jury shall make all of the following findings
to recommend approval of a mural proposal to the Arts Commission:
(a)
Artist Qualifications. The artist is experienced with the
proposed mural and materials, and provided examples of past similar
work;
(b)
Aesthetic Considerations. The proposal presents an innovative
and unique artistic vision, including technique, composition of visual
art elements, use of line, color, form, texture, materials, and suitability;
(c)
Architecture. The proposal complements the architectural
design of the building on which the mural is proposed to be placed;
(d)
Paint. All paint must be durable, meet a minimum lightfastness
standard of six to eight on the American Association of Textile Chemists
and Colorists "Blue Wool Scale,” and be coated with a City approved
release type anti-graffiti application, and contain low or no volatile
organic compounds;
(e)
Wall. The wall must have the structural integrity to safely
hold any proposed materials;
(f)
Historic Nature. If the site is a designated landmark, within
a historic district, a structure of merit, or a point of historical
interest, the Historic Preservation Commission must first determine
a mural on the site will not adversely affect its historic nature;
(g)
Appropriateness. The proposal does not detract from the
character of the surrounding area or neighborhood;
(h)
Copyright. The artist and the building owner agree to allow
images of the completed mural to be used by the City at its sole discretion;
(§ 2, Ord. 916, eff. March 7, 2021)
After a mural is complete, the Public Art Committee of the Arts
Commission will conduct a site review. If the mural is not in keeping
with the approved mural proposal, the owner must direct the artist(s)
to address all identified issues within 14 days of the inspection.
If any identified issues are not adequately adjusted, the Public Art
Committee may recommend to the Arts Commission that the Mural be removed
at the owner's expense.
(§ 2, Ord. 916, eff. March 7, 2021)
(a)
The
building owner will be responsible for maintaining the mural, to the
satisfaction of the City Manager or designee in consultation with
the Arts Commission.
(b)
All
murals will be subject to ongoing inspection by the City Manager or
designee in consultation with the Arts Commission.
(c)
Murals
not properly maintained in the judgment of the City Manager or designee
in consultation with the Arts Commission may be declared a public
nuisance at a noticed public hearing before the Arts Commission. A
determination of public nuisance may be appealed to the City Council
within 15 days of the Art Commission's decision. A notice of appeal
must be filed with the City Clerk in writing. The City Clerk shall
set the matter for a public hearing before the City Council. The City
Council may confirm or deny the declaration of the mural as a public
nuisance, applying the standards in this chapter and this Code.
(d)
A
mural deemed a public nuisance must be repaired or removed at the
building owner's expense. Mural removal is subject to the rights of
the artist, which are protected under both the California Art Preservation
Act and the Visual Artist Rights Act, unless waived by the artist
in accord with those laws.
(e)
The
bare wall left after removal of the mural must be returned to a condition
consistent with the building's existing color scheme, texture, façade,
and other requirements of the Code. The City may, upon reasonable
notice, perform all necessary repairs, maintenance, and secure insurance
or take such legal or other action deemed necessary to have the artwork
maintained, and the costs therefor become a lien against the real
property.
(§ 2, Ord. 916, eff. March 7, 2021)
(a)
Replacement of an Existing Mural. A new mural may not be
installed on the site where the deteriorated mural was removed without
applying to the Arts Commission in accordance with this article.
(b)
Modification of an Existing Mural. Murals existing prior
to the adoption of the ordinance codified in this article are exempt
from the ordinance. Murals approved under the provision of this article
may not be modified, altered, relocated or removed without the prior
review of the City.
(c)
Maintenance of Existing Murals. Murals on commercial property
existing prior to the adoption of the ordinance codified in this article
should be kept in good condition. If an existing mural is found to
be in disrepair, it may be declared a public nuisance by the City
Manager or designee in consultation with the Arts Commission at a
noticed public hearing before the Arts Commission. A mural deemed
a public nuisance must be repaired or removed at the building owner's
expense. A determination of public nuisance may be appealed to the
City Council within 30 days of the decision. A notice of appeal must
be filed with the City Clerk in writing. The City Clerk shall set
the matter for a public hearing before the City Council. The City
Council may confirm or deny the declaration of the mural as a public
nuisance, applying the standards in this chapter and this Code.
(§ 2, Ord. 916, eff. March 7, 2021)
