HomeMy WebLinkAboutORD 501 2022 0316 ORDINANCE NO. 501
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 17.50.020
(DEFINITIONS) AND SECTION 17.50.030 (PUBLIC ART
FUND) OF CHAPTER 17.50 (ART IN PUBLIC PLACES) OF
TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE
TO UPDATE ALLOWABLE USES OF THE ART IN PUBLIC
PLACES FUND AND ASSOCIATED DEFINITIONS, AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council has determined that Section 10.50.020 (Definitions)
and Section 10.50.030 (Public Art Fund) of Chapter 17.50 (Art In Public Places) of Title
17 (Zoning) of the Moorpark Municipal Code should be revised to update the allowable
uses of the Art In Public Places Fund and associated definitions; and
WHEREAS, the Community Development Director has reviewed the contents of
this Ordinance and determined that adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) by the general rule that
CEQA only applies to projects that may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council has reviewed the Community Development
Director's determination that this Ordinance is exempt from CEQA and concurs that the
Ordinance does not have the possibility of having a significant effect on the environment
and is therefore exempt from CEQA.
SECTION 2. Section 17.50.020 of Chapter 17.50 of Title 17 of the Moorpark
Municipal Code is hereby amended and replaced in its entirety as follows:
"17.50.020 Definitions.
As used in this chapter:
"Artist" 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."
"Artwork" means an original creation of art, designed and envisioned by
an Artist, including but not limited to, the following media and materials:
Ordinance No. 501
Page 2
1. A sculpture which may be freestanding, wall-supported or
suspended, kinetic, electronic, or in any material or combination of
materials;
2. Affixed murals, mosaics, or paintings in any material or combination
of materials;
3. 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;
4. 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.
Artwork, as defined herein, may be made with any material or
combination of materials and may be permanent, fixed or temporary.
"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."
SECTION 3. Section 17.50.030 of Chapter 17.50 of Title 17 of the Moorpark
Municipal Code is hereby amended and replaced in its entirety as follows:
"17.50.030 Public Art Fund.
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:
1. For the acquisition, installation, improvement, maintenance and
insurance of an artwork;
2. 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;
3. For maintenance and utility charges related to property purchased
pursuant to subsections A and C of Section 17.50.130 of this chapter;
4. For the development of a design concept and the preparation of
construction drawings;
Ordinance No. 501
Page 3
5. For costs associated with administering the art in public places
program, in an amount not to exceed fifteen percent (15%) of the program
allocation;
6. For the acquisition, design, construction, operation and/or
maintenance of art and/or multi-cultural display space, demonstration, and
performance space to be utilized by individuals and nonprofit arts
organizations for arts and cultural programming;
7. For developing multi-cultural programs for the enjoyment and
appreciation of art, heritage and culture within the Moorpark community;
8. For supporting the development of arts and multi-cultural
programming in Moorpark by eligible nonprofit organizations, subject to City
Council approval.
SECTION 4. 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 or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 5. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 16th day of March, 2022.
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Janice S. Parvin,'Mayor
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ATTEST: 'IN° ,1
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Ordinance No. 501
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Ordinance No. 501 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the 16th day of March, 2022
and that the same was adopted by the following vote:
AYES: Councilmembers Castro, Enegren, Groff, Pollock and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 17th day of March, 2022.
Ky Spa ler
City Cle
(seal)
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