(a) 
Exceptions as noted in Article 2, Section 4-16.205, subsection (b) Exceptions, shall apply to this article.
(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:
(1) 
Fostering enjoyment of public spaces in a positive way;
(2) 
Enhancing the aesthetics of the City;
(3) 
Creating attractive places to work, live, and shop;
(4) 
Benefiting citizens, the City, visitors, and property owners; and
(5) 
Revitalizing creativity in the public space.
(§ 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;
(i) 
Limitations. The proposal does not conflict with any of the prohibitions under Section 4-16.303.
(§ 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)