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HomeMy WebLinkAboutORD 321 2005 1005ORDINANCE NO. 321 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK 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 July 6, 1988, the City Council adopted Resolution No. 88 -492 requiring certain development projects to provide public art; and WHEREAS, at its meeting of August 23, 2005, the Planning Commission adopted Resolution PC- 2005 -485 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 Council received this Art in Public its meeting of September 21, an agenda report outlining the Places Ordinance and reached a 2005, the City provisions of 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: Ordinance No. 321 Page 2 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 develop 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. 2. Affixed murals, mosaics, or paintings in any material or combination of materials. Ordinance No. 321 Page 3 3. Decorative, ornamental, or functional building elements such as gates, fountains etc., or other architectural elements of a building, as approved by the 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" property which is general public. means any exterior area on private or public easily accessible or clearly visible to the 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 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. S. 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 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. Ordinance No. 321 Page 4 17.50.050 Projects subject to provisions of subchapter. A. All new residential developments of more than units, and all commercial, and industrial development with a building valuation exceeding Five Hundred Dollars ($500,000) shall be subject to the provisions Subchapter. this four (4) projects, Thousand of this 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, and industrial buildings shall be subject to the provisions of this Subchapter when such remodeling results in additional gross square footage of the building and 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 17.50.050 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 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. Ordinance No. 321 Page 5 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 17.50.050. 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. 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: Ordinance No. 321 Page 6 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; S. 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 app3 A. Application procedures. of Artwork on private property Community Development Department Recreation, and Community Services but not be limited to: :oval procedures for art work. An application for placement shall be submitted to the with a copy to the Park, Department and shall include, 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 Ordinance No. 321 Page 7 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 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 Ordinance No. 321 Page 8 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. 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 Governme t Code, for the City of Moorpark, w is hereby esig ted for that purpose. PASSED AND ADOPT ATTEST: the 5th day of pctAer 2 Deborah S. Traffenstedt, City Clerk er, Mayor Ordinance No. 321 Page 9 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Moorpark, California that the foregoing Council of the City 5th day of October, following vote: Traffenstedt, City Clerk of the City of i, do hereby certify under penalty of perjury Ordinance No. 321 was adopted by the City of Moorpark at a regular meeting held on the 2005, and that the same was adopted by the AYES: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 12th day of October, 2005. Deborah S. Traffenste , City Clerk (seal)