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HomeMy WebLinkAboutRES PC 2005 0485 0823RESOLUTION NO. PC- 2005 -485 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2005 -02: ADDING CHAPTER 17.50 (ART IN PUBLIC PLACES) TO THE MOORPARK MUNICIPAL CODE WHEREAS, at a duly noticed public hearing on August 23, 2005, the Planning Commission considered Zoning Ordinance Amendment No. 2005 -02: adding Chapter 17.50 (Art in Public Places) to the Moorpark Municipal Code to require certain development projects to provide public art; and WHEREAS, at its meeting of August 23, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposed ordinance and reached a decision on this matter; and WHEREAS, the Planning Commission 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 PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds the Public Places) of the Moorpark the City of Moorpark General Plans. proposed Chapter 17.50 (Art in Municipal Code consistent with Plan and all adopted Specific SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2005 -02 (Exhibit A) , which adds Chapter 17.50 (Art in Public Places) to the Moorpark Municipal Code, requiring certain development projects to provide public art. S: \Community Development \DEV PMTS \Z O A \2005 \ -02 Art in Public Places \Resos &Ords \050823 PC Reso.doc Resolution No. PC- 2005 -485 Page 2 SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners DiCecco, Landis, Taillon, Vice - Chair Peskay and Chair Pozza. NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 23rd day of August, 2005. tt Pozz V Chair ATT T: ar y Hoga u i Deve ent Director Exhibit A - Zoning Ordinance Amendment No. 2005 -02 Resolution No. PC- 2005 -485 Page 3 EXHIBIT A Chapter 17.50 ART IN PUBLIC PLACES Sections: 17.50.010 Definitions. 17.50.020 Public art fund. 17.50.030 Public art advisory committee. 17.50.040 Projects subject to provisions of this subchapter. 17.50.050 Exceptions. 17.50.060 Development obligation. 17.50.070 Covenant for Maintenance. 17.50.080 Art in phased developments. 17.50.090 Time of compliance. 17.50.100 Art work valuation 17.50.110 Application and approval procedures for art work. 17.50.120 Maintenance and ownership of art work. 17.50.130 Return of fees. 17.50.010 Definitions. As used in this chapter: "Art work" means creations 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; 3. Decorative, ornamental, or functional building elements such as archways, columns, 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 value of the building, excluding land value, off -site improvement costs, interior improvements, parking facilities, and public facilities as determined by the Building Official. Resolution No. PC- 2005 -485 Page 4 "Public place" means any exterior area on private or public property which is easily accessible or clearly visible to the general public. 17.50.020 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; and 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. 17.50.030 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 art work plans required pursuant to section 17.50.040 and make recommendations to the City Council. 17.50.040 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). Resolution No. PC- 2005 -485 Page 5 17.50.050 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. 17.50.060 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 2. through installation of an approved art work, equal to or exceeding the value of the contribution amount, pursuant to 17.50.100. Art work must be installed in a Public Place; specific site location to be approved by City. C. Fifteen percent (159.) of the revenue generated from the art fund may be allocated for City administrative costs. 17.50.070 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 art work prior to the issuance of a certificate of occupancy or prior to the final building permit sign off. B. Removal of approved art work on private property pursuant to this chapter without City approval, is a violation of this ordinance. Resolution No. PC -2005 -485 Page 6 17.50.080 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. 17.50.090 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 art work on private property to satisfy its public art obligation, the art work shall be approved, as provided herein, prior to issuance of a building permit. Said approved art work must be installed and complete prior to issuance of a certificate of occupancy. C. The applicant must record a maintenance covenant of the subject art work as provided in section 17.50.070, prior to issuance of a certificate of occupancy. D. If any approved art work placed on private property pursuant to this Subchapter is removed without City approval, the Certificate of Occupancy may be revoked. 17.50.100 Art work valuation. A. Expenses which may be used for calculating the value of the art work 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 art work include, but are not limited to: Resolution No. PC- 2005 -485 Page 7 1. Expenses to locate an artist; 2. Architect and landscape architect fees; 3. Landscaping around an art work; 4. Transportation of the art work; 5. Utility fees associated with activating electronic or water generated art work; and 6. Lighting elements not integral to the illumination of the art work as determined by the City. 17.50.110 Application and approval procedures for art work. A. Application procedures. An application for placement of art work 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: 1. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work; 2. An appraisal or other evidence of the value of the proposed art work, 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 art work in relation to the proposed development and its compatibility with neighborhood in which it is located; and 4. A narrative statement indicating how the art work 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. Resolution No. PC- 2005 -485 Page 8 2. The Committee shall be responsible for reviewing the proposed art work for its aesthetic quality and harmony with the existing and proposed on -site improvements, and the proposed location of and public accessibility to the art work. 3. The Committee shall provide a recommendation to the City Council regarding the site location and conceptual design of the proposed art work. 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. 17.50.120 Maintenance and ownership of art work. A. All art work 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 art work in good condition shall remain with the owner of the site. B. Maintenance of art work, as used in this Subchapter, shall include without limitation, preservation of the art work in good working condition to the satisfaction of the City; protection of the art work 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 art work, applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the art work. Failure to maintain the art work 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 art work, 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. 17.50.130 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 Resolution No. PC- 2005 -485 Page 9 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. 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. EXHIBIT A Chapter 17.50 ART IN PUBLIC PLACES Sections: 17.50.010 Definitions. 17.50.020 Public art fund. 17.50.030 Public art advisory committee. 17.50.040 Projects subject to provisions of this subchapter. 17.50.050 Exceptions. 17.50.060 Development obligation. 17.50.070 Covenant for maintenance. 17.50.080 Art in phased developments. 17.50.090 Time of compliance. 17.50.100 Artwork valuation. 17.50.110 Application and approval procedures for art work. 17.50.120 Maintenance and ownership of artwork. 17.50.130 Return of fees. 17.50.010 Definitions. As used in this chapter: "Artwork" means creations 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; 3. Decorative, ornamental, or functional building elements such as archways, columns, 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 value of the building, excluding land value, off -site improvement costs, interior improvements, parking facilities, and public facilities as determined by the Building Official. S: \Community Development \DEV PMTS \Z O A \2005 \ -02 Art in Public Places \Resos &Ords \pc 05_0823 Exhibit A amended.doc "Public place" means any exterior area on private or public property which is easily accessible or clearly visible to the general public. 17.50.020 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; and 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. 17.50.030 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 onet-we Councilmembers, one planning commissioner, 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. 17.50.040 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 2 this Subchapter when such remodeling has a valuation exceeding Two Hundred Fifty Thousand Dollars ($250,000). 17.50.050 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. 17.50.060 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 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 or the General Fund may be allocated for city administrative costs. 17.50.070 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. 3 B. Removal of approved artwork on private property pursuant to this chapter, without city approval, is a violation of this ordinance. 17.50.080 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. 17.50.090 Time of compliance. A. If City approves applicant's payment of an In Lieu 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. An extension of time for approval of the art work may be granted by the community development director. 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. 17.50.100 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 11 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. 17.50.110 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: 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 proposed development 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. 5 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. 17.50.120 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 reasonable notice, the City may perform all necessary I repairs, maintenance, or secure insurance and the costs therefore shall become a lien against the real property. 17.50.130 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. 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. 7