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HomeMy WebLinkAboutAGENDA REPORT 2005 0921 CC REG ITEM 09EITEM C1. F. CITY OF MIAOORPARK, CALIFORNIA City Council Meeting of ACTION; CITY OF MOORPARK CITY COUNCIL AGENDA REPORI'Y' ` /h • 'lac = — TO: The Honorable City Council FROM: Mary K. Lindley, Parks, Recreation, and Community �. Services Director DATE: September 14, 2005(Meeting of September 21, 2005) SUBJECT: Consider Amending the Zoning Code (Title 17) by Adding a Public Art Requirement EXECUTIVE SUMMARY The City Council is being asked to amend the Zoning Code (Title 17) by adding a public art provision to certain residential, commercial, and industrial development projects. If approved, the Ordinance would require certain development projects to either install a public artwork or pay an in lieu fee. The value of the artwork and in lieu fee is based on one percent of the value of the total building space for projects that must comply with the provision. BACKGROUND Previously, staff believed that the proposed Ordinance needed to comply with State law requiring a public hearing by the Planning Commission for zoning matters. As a result, on August 23, 2005, the Planning Commission held a public hearing on a proposed Ordinance and approved Planning Resolution PC- 2005 -485, recommending approval of Zoning Ordinance Amendment No. 2005 -02, adding Chapter 17.50 (Art in Public Places) to the Moorpark Municipal Code. However, based on recent information from the City Attorney, the adoption of the in lieu art fees required by the proposed Ordinance does not require a public hearing for this purpose has had been previously thought. Only certain types of amendments to the Zoning Code require a pubic hearing before the Planning Commission and the City Council. Those 000383 Honorable City Council September 21, 2005 Page 2 types are outlined in the Government Code Section 65850. According to Government Code Section 65853, the proposed Art in Public Places Ordinance can be adopted in the same manner as all other ordinances are adopted - two readings before the City Council, but no requirement for a public hearing. Additionally, City Attorney notes that the fee described in the proposed ordinance is an in lieu fee, an alternative to the requirement for providing art. Under the Ehrlich case, the California Supreme Court has held that this is not the type of ordinance the falls within the mitigation fee act (Govt. Code 66000 et seq.). DISCUSSION As a condition of approval, the City has required commercial and industrial development projects to design and install artwork within their project area, or to pay an in lieu fee. The option to install artwork or to pay the in lieu fee is at the City's discretion. The value of the artwork and the fee is currently based on a formula of $.10 per square foot of the project's building space. In lieu fees are accounted for separately in a public art fund to be used by the City for the design and installation of artwork in locations accessible to the public. when a developer proposes an art piece, a committee of the City Council (comprised of two Councilmembers, one Parks and Recreation Commissioner, and two public members with staff provided by the Parks, Recreation, and Community Services Director) reviews the proposed design, makes comments, and refers a recommendation to the City Council. The City Council has the final approval authority. The proposed Ordinance defines and formalizes the current process applicants must comply with and makes two significant changes to the existing practice. First, the proposed ordinance changes the current practice from a formula of $.10 per square foot of building space to a percentage of the total building valuation for the development as the basis for the fee. Said percentage would be set by City Council resolution. This methodology is widely used by other jurisdictions and ties the value of the obligation to the value of the project. Second, the proposed ordinance would apply to residential developments. M: \MLindley \Public Art \Public Art Ord \Art in PP PH date ccagda 9- 21- 05.doc 0 0 0 3 8 4 Honorable City Council September 21, 2005 Page 3 Other provisions of the proposed Ordinance include: ■ All new residential developments of more than four (4) units, and all commercial and industrial development projects, with a building valuation exceeding $500,000, must comply with the public art requirement; ■ Projects involving alternations, additions, residential buildings of remodeling of existing buildings, must comply requirement; exterior modifications, and remodeling of existing more than four units, and commercial and industrial with the public art ■ Development applicants must continue to own any artwork they install and said applicants must record a maintenance covenant on the subject property which provides for the ongoing maintenance of the artwork; and ■ If artwork is to be designed and installed by the applicant, said design must be approved prior to issuance of a building permit and installation must occur prior to issuance of a Certificate of Occupancy. If in lieu fees are to be paid, said payment must be received by the City prior to issuance of a building permit. Consistent with the current practice, the process for approving an applicant's proposed artwork is set forth in the Ordinance as follows: ■ The applicant submits an application for placement of artwork to the Community Development Director with a copy to the Parks, Recreation, and Community Services Director. The application must include preliminary sketches depicting the proposed artwork, evidence of the value of the artwork, preliminary site plans sufficient to evaluate the proposed location of the artwork, and a narrative statement indicating how the artwork will be displayed in a public setting. The application will be reviewed by the Parks, Recreation, and Community Services Director for completeness and when complete it would be submitted to the Public Art Advisory Committee for its review M: \MLindley \Public Art \Public Art Ord \Art in PP PH date ccagda 9- 21- 05.doc 0 0 0 3 8 5 Honorable City Council September 21, 2005 Page 4 and comments. The Committee makes a recommendation to the City Council as to whether the proposed artwork should be approved or denied. The process for the City's use of funds deposited in the art fund is not included in the proposed Ordinance, which only addresses the public art requirement for development projects. A separate procedure will be created for the use of the art fund to design and install artworks on public property. During the Planning Commission's deliberations, the Commission requested that the Council limit the use of Art in Public Places funds for administrative costs. Instead, the Commission suggests that General Funds, or another funding source be used. As the Ordinances is currently written, up to 15% percent of the funds generated can be used for administrative costs. Staff recommends that the language remain as proposed. The Council can control the use of Art Fund monies for administrative expenses through the City budget process. Leaving the language as is preserve the Council options. The Planning Commission also recommended this that the configuration of the Public Art Advisory Committee be modified to include only one City Councilmember and adding a Planning Commissioner. The revised configuration would be as follows: one City Councilmember, one Parks and Recreation Commissioner, one Planning Commissioner, and two public at -large members. The role of the Committee would remain the same. The Director of Community Development has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. If the Council adopts this Ordinance, a Resolution will be presented at a subsequent meeting to establish the valuation percentage and in lieu fee. M: \MLindley \Public Art \Public Art Ord \Art in PP PH date ccagda 9- 21- 05.doc 0 0 0 3 8 6 Honorable City Council September 21, 2005 Page 5 STAFF RECOMMENDATION Introduce Ordinance No. — for first reading, waive full reading, and schedule second reading and adoption for October 5, 2005. Attachments A: Draft Ordinance No._, B: Resolution No. PC- 2005 -485 M: \MLindley \Public Art \Public Art Ord \Art in PP PH date ccagda 9- 21- 05.doc p 0�3 ©38i Honorable City Council September 21, 2005 Page 5 STAFF RECOMMENDATION Introduce Ordinance No. — for first reading, waive full reading, and schedule second reading and adoption for October 5, 2005. Attachments A: Draft Ordinance No. , M: \MLindley \Public Art \Public Art Ord \Art in PP PH date ccagda 9- 21- 05.doc 0 0 0 3 8 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK AMENDING THE MOORPARK, CALIFORNIA, MUNICIPAL CODE BY ADDING CHAPTER 17.50 (ART IN PUBLIC PLACES) TO TITLE 17 (ZONING) TO REQUIRE CERTAIN DEVELOPMENT PROJECTS TO PROVIDE PUBLIC ART WHEREAS, on the City Council adopted Resolution No. 88 -492 requiring certain development projects to provide public art; and WHEREAS, at its meeting of , 2005, the Planning Commission adopted Resolution PC -2005- recommending to the City Council approval of Zoning Ordinance Amendment No. 2005 -01, a proposed ordinance for adding chapter 17.50 (Art in Public Places) of Title 17, Zoning, of the Moorpark Municipal Code pertaining to requiring certain development projects to provide public art; and WHEREAS, at its meeting of 1 2005 the City Council conducted a duly- noticed public hearing on this Art in Public Places Ordinance, received public testimony, and after receiving oral and written public testimony, closed the public hearing, and reached a decision; and WHEREAS, the City Council concurs with the Community Development Director's determination that this project is Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b) (3) of the CEQA Guidelines in that there is no possibility that this ordinance may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. That the Moorpark Municipal Code is amended by adding Chapter 17.50 of Title 17, Zoning to read as follows: 000389 ART IN PUBLIC PLACES 17.50.010 Purpose. 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 continues, the opportunity for creation of cultural and artistic resources is diminished. As the 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 development 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 diminishes the availability of the community's resources for those opportunities and contributes 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. 17.50.020 Definitions. As used in this chapter: "Artwork" means an original creation of art, 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. M:\MLindley\Public Art\Public Art Ord\An in Public Places Ordinance 9- 13- 05.doc 2 000390 2. Affixed murals, mosaics, or paintings in any material or combination of materials. 3. Decorative, ornamental, or functional building elements such as gates, fountains etc., or other architectural elements of a building, as approved by City, commissioned for the purpose of creating a permanently affixed piece of art. "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. 17.50.030 Public art fund. A "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: 1. For the acquisition, installation, improvement, maintenance and insurance of an art work. 2. For the acquisition and improvement of real property for the purpose of displaying art work, which has been or may be subsequently approved by the City. 3. For maintenance of and utility charges related to property purchased pursuant to subsection A.1.1 and A.2. 4. For development of a design concept and the preparation of construction drawings. 5. For costs associated with administering the Art in Public Places program, in an amount not to exceed fifteen (15) percent of the program allocation. 17.50.040 Public art advisory committee. A. The Public Art Advisory Committee, herein referred to as Committee, shall consist of five (5) members to be appointed by the City Council. The committee shall be comprised of two Councilmembers, one parks and recreation commissioner, and two public members. Committee members shall serve two -year terms coinciding with the term of the MAMLindley\Public Art\Public Art Ord\Art in Public Places Ordinance 9- 13- 05.doc 3 000391. mayor. The mayor shall solicit nominees from the members of the Council. The committee shall be responsible for the review of proposed Artwork plans required pursuant to section 17.50.040 and make recommendations to the City Council. 17.50.050 Projects subject to provisions of this subchapter. A. All new residential developments of more than four (4) units, and all commercial, and industrial development projects, with a building valuation exceeding Five Hundred Thousand Dollars ($500,000) shall be subject to the provisions of this Subchapter. B. Including but not limited to exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than four (4) units, and all remodeling of existing commercial, industrial, and public buildings, shall be subject to the provisions of this Subchapter when such remodeling has a valuation exceeding Two Hundred Fifty Thousand Dollars ($250,000). 17.50.060 Exceptions. 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 remodel /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. 17.50.070 Development obligation. A. Any development subject to this chapter pursuant to section 17.50.040, 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 in one of two (2) ways: 1. through payment in cash of the contribution amount directly to the Art Fund (the "In Lieu Fee "); or M:1MLindley\Public Art\Public Art Ord\Art in Public Places Ordinance 9- 13- 05.doc 4 000392 2. through installation of an approved Artwork, equal to or exceeding the value of the contribution amount, pursuant to 17.50.100. Artwork must be installed in a Public Place; specific site location to be approved by City. C. Fifteen percent (15 %) of the revenue generated from the Art Fund may be allocated for City administrative costs. 17.50.080 Covenant for maintenance. 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 ordinance. 17.50.090 Art in phased developments. 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. 17.50.100 Time of compliance. A. If City approves applicant's payment of an in lieu art fee to satisfy its public art obligation, such payment shall be made prior to issuance of 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 17.50.040. B. If City approves applicant's installation of an approved Artwork on private property to satisfy its public art obligation, the artwork shall be approved, as provided herein, prior to issuance of a building permit. Said approved artwork must be installed and complete prior to issuance of a certificate of occupancy. M: \MLindley\Public Art\Public Art Ord\Art in Public Places Ordinance 9- 13- 05.doc 000393 C. The applicant must record a maintenance covenant of the subject Artwork as provided in section 17.50.070, prior to issuance of a certificate of occupancy. D. If any approved Artwork placed on private property pursuant to this Subchapter is removed without City approval, the Certificate of Occupancy may be revoked. 17.50.110 Artwork valuation. 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, or subterranean equipment, pedestals, or materials directly necessary for installation of the art work; and 3. Lighting elements integral to illuminating the art work. 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. 17.50.120 Application and approval procedures for art work. 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: M:WLindley\Public Art\Public Art Ord\Art in Public Places Ordinance 9- 13- 05.doc 6 000394 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 ten (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 Committee. 2. The Committee 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 Committee 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 Committee, the parks, recreation, and community services director shall present the" Committee's recommendation for Council consideration. Action by the City Council is final. 17.50.130 Maintenance and ownership of artwork. A. All artwork placed on the site of the applicant's project shall remain the property of the applicant; the M: \Ml-indley\Public Art\Pubtic Art Ord\Art in Public Places Ordinance 9- 13- 05.doc UQ ®195 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 Subchapter, 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 placement of an approved artwork, 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, maintenance, or secure insurance and the costs therefore shall become a lien against the real property. 17.50.140 Return of Fees A. Fees paid into the City art fund which are not committed within five (5) years from the date of payment may be returned to the then current owner of the development project, with all interest actually earned thereon, if a written request is filed with the City Clerk during the fifth year after payment, and refund of the fees is approved by the City Council. The request for return shall be verified, and include the date of payment, the amount paid and method of payment, the location of the new development for which the fee was paid, and a statement that the applicant is the payer of the fees or the current owner of the development project. B. The City Council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines any one (1) of the following applies: 1. The City Council finds the fee is needed for the Art in Public Places program. M: \MLindley\Public Art\Public Art Ord\Art in Public Places Ordinance 9- 13- 05.doc 000 .396 2. The administrative costs of refunding uncommitted fees pursuant to this Subchapter exceeds the amount to be refunded; provided notice of a public hearing on this issue has been published and posted on the site of the development project in not less than three (3) places. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection sentence, clause, phrase, part of portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter this ordinance in the book of original ordinances of the City of Moorpark, shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted, and shall, within fifteen (15) days after passage and adoption thereof, cause the same to be published once in the Moorpark Star, a daily newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED the day of 2005. ATTEST: Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk MANTLindley\Public ArAPublic Art OrdUft in Public Places Ordinance 9- 13- 05.doc 9 0003917