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HomeMy WebLinkAboutAGENDA REPORT 2005 1019 CC REG ITEM 10Frr� 1 °• F. CITY OF MOORPARK, CALIFOR.MA City Council Mestinp of CITY OF MOORPARK ACtION: CITY COUNCIL AGENDA REPORT of" TO: The Honorable City Council FROM: Mary K. Lindley, Parks, Recreation, and Community,]) Services Director l'l�-' ll , DATE: October 10, 2005 (Meeting of October 19, 2005) SUBJECT: Consider Resolution Setting Art In Public Places Fees DISCUSSION On September 21, 2005, the City Council introduced Ordinance No. 321, amending the Zoning Code (Title 17) by adding a public art provision to certain residential, commercial, and industrial development projects. On October 5, 2005, the Ordinance was read for the second time and adopted. Ordinance No. 321 formalizes the 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. Other provisions of the proposed Ordinance include: ■ Continuation of the current configuration of the Public Art Advisory Committee and its role; ■ All new residential developments of more than four (4) units, and all commercial and industrial M: \MLindley \Public Art \Public Art Ord \Art In Public Place Reso adoption ccagda 10- 19- 05.doc 000028 Honorable City Council November 2, 2005 Page 2 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 installed 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. The Council is now being asked to adopt the attached Resolution setting the contribution obligations established by Moorpark Municipal Code Chapter 17.50 (Art in Public Places) at one (1) percent of the total building valuation for the development project, excluding land value and off - site improvement costs. STAFF RECONII-MNDATION Adopt the attached Resolution. Attachment A: Resolution 0 0©0 11Z,9 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING FEES FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, on September 21, 2005, the City Council introduced for first reading Ordinance No. 321 establishing an Art in Public Places program; and WHEREAS, on October 5, 2005, Ordinance 321 was read for the second time and adopted by the City Council; and WHEREAS, the Ordinance provides for the establishment of a public art fee and fund; and WHEREAS, the Ordinance provides that the City set said fee by resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Moorpark City Council of the City of Moorpark adopted Ordinance No. 321, on October 5, 2005, providing for the creation of an Art in Public Places Program by adding Chapter 17.50 to the Moorpark Municipal Code. Moorpark Municipal Code Section 17.50 provides that the City Council shall set by resolution the amount of the contribution obligation to the Art in Public Places Program for development subject to Chapter 17.50. SECTION 2. Effective as of the date this Resolution is adopted, contribution obligations established by Moorpark Municipal Code Chapter 17.50 shall be one (1) percent of the total building valuation for the development and remodeling projects subject to Chapter 17.50, excluding land value and off -site improvement costs. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of , 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000'3®