Coachella Municipal Code Ch. 5.70 Art Murals

The purpose of this chapter is to permit and encourage public art murals on a content-neutral basis under certain terms and conditions. Murals comprise a unique medium of expression that serves the public interest. Murals have purposes distinct from signs and confer different benefits. Such purposes and benefits include improved aesthetics; avenues for original artistic expression; public access to original works of art, community participation in the creation of original works of art, community-building through the presence of an identification with original works of art, education about the history of the city depicted in original works of art, and a reduction in the incidence of vandalism. Murals can increase community identity and foster a sense of place if they are located in a manner visible to pedestrians, are retained for substantial periods of time, and include a neighborhood process for discussion.

(Ord. No. 1089, § 1, 5-25-16)

For purposes of this chapter:

"Alteration" means any change to a permitted mural, including but not limited to any change to the image(s), materials, colors, or size of the permitted mural. "Alteration" does not include naturally occurring changes to the mural caused by exposure to the elements or the passage of time. Minor changes to the permitted mural that result from the maintenance or repair of the mural shall not constitute "alteration." Such minor changes may include slight and unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time or as a result of vandalism.

"Applicant" means an applicant for a mural permit application under this chapter.

"City council" means the city council of the city of Coachella.

"Commission" means the Coachella Public Arts Commission, as established in Municipal Code Section 2.68.010 et seq.

"Development services director" means the development services director of the city of Coachella, or his or her designee.

"Mural" means an original work of visual art produced by hand that is tiled, painted directly upon, or affixed directly to an exterior wall of a structure.

"Permittee" means an applicant who has received a mural permit pursuant to the process outlined in this chapter.

(Ord. No. 1089, § 1, 5-25-16)

It is unlawful for any person, firm, corporation, or other entity to authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any mural within the city without first obtaining final approval from the city council and meeting all requirements set forth in this chapter.

(Ord. No. 1089, § 1, 5-25-16)

A. Any person, firm, corporation, or other entity desiring to place a mural on any property shall first submit an application to the Development Services Department. A mural permit application shall include the following information:

1. Name and address of the creator of the mural.

2. Name and address of the owner, operator, or person in possession of the premises where the mural is proposed to be located.

3. A detailed drawing or sketch of the proposed mural.

B. A mural permit application shall be submitted with the notification fees and mural application permit fee, as established by resolution of the city council.

C. The development services department shall submit each completed application to the commission for review as to the compatibility of the proposed mural in the location and on the specific structure the mural is proposed, and all other applicable requirements of the Zoning Code.

D. Prior to any action by the commission, the applicant shall send notice of such application to all property owners within five hundred (500) feet of the location of the mural at least 30 days prior to the commission consideration of the mural. No mural shall be permitted until the applicant has certified that notification has been completed.

E. Each mural permit application will be considered at a public meeting of the commission. The commission will make a recommendation to the city council to accept or reject the mural permit application. The applicant will be notified in writing of the commission's decision.

F. The development services department shall submit the application and recommendation of the commission to the city council for final review at a public meeting. The city council's decision to issue or reject the mural permit is final.

G. A permit issued under this chapter is granted for the specific design and one-time production of the mural as presented in the application. Any alterations must be submitted to the development services director for review and may require additional public review and approval by the city council.

(Ord. No. 1089, § 1, 5-25-16)

A. A mural permit is revocable by the development services director if it is determined at any time that the mural conflicts with the information provided in the application or with any one of the requirements listed in Section 5.70.060, below.

B. Unless a shorter period of time has been granted by the city council, a permit issued under this chapter expires two (2) years after issuance if the approved mural has not been installed, or one hundred eighty (180) days from issuance if the work permitted hereunder has not been commenced. The permit shall also expire if it is determined that the work authorized by the permit has been suspended, discontinued, or abandoned for a period of one hundred eighty (180) days.

C. Upon completion of the mural, the permittee shall request a final inspection and release of the permit.

(Ord. No. 1089, § 1, 5-25-16)

Murals that meet all of the following requirements will be allowed upon satisfaction of the applicable permit procedures:

A. A new mural shall remain in place, without alteration, for a minimum period of five years. The artist or landowner must enter into a five-year maintenance agreement with the city to provide an assurance that the mural will be repaired in case of vandalism, weathered wall surface damage, or chipping paint. A mural may be removed within the first five years of the date it is permitted under the following circumstances:

1. The property on which the mural is located is sold; or

2. The structure or property is substantially remodeled or altered in a way that precludes continuance of the mural; or

3. The property undergoes a change of use authorized by the building and safety department.

B. A mural shall not include mechanically-produced or computer-generated prints or images, including, but not limited to, digitally printed vinyl.

C. A mural shall not contain electrical or mechanical components.

D. A mural shall not have moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image, not including static illumination turned off and back on not more than once every twenty-four (24) hours.

E. A mural shall not be placed over the exterior surface of any building opening, including, but not limited to, windows, doors, and vents.

F. No part of the mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

G. No part of the mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.

H. No mural shall be placed on a lot that is improved with only one single-family residential structure and accessory structures.

I. No mural shall be arranged and illuminated in a manner that will produce light intensity of greater than three foot candles above ambient lighting, as measured at the property line of the nearest residentially zoned property.

J. The owner of the property on which a mural is installed shall execute and deliver to the city clerk a covenant for recordation in a form approved by the city attorney. The covenant shall provide that the mural will be installed and maintained at all times in full compliance with this chapter. In addition, the covenant shall remain in force for as long as the mural exists.

K. Upon change of ownership of the property on which a mural is installed, the new owner may, at the owner's election and without the need for permission from the city, terminate the covenant and remove the mural, subject to the provisions of this chapter.

(Ord. No. 1089, § 1, 5-25-16)

A. It is unlawful to violate any provision of this chapter. This applies to any applicant, any permittee, the proprietor of a use or development on which a permitted mural is located, or to the owner of the land on which the permitted mural is located. For the ease of reference in this Section, all of these persons are referred to by the term "operator."

B. The department of development services must give written notice of any violation to the operator. Failure of the operator to receive the notice of the violation does not invalidate any enforcement actions taken by the city.

C. Any violation of this chapter is considered a public nuisance.

D. The development services director shall have the authority to enforce the regulations of this chapter.

(Ord. No. 1089, § 1, 5-25-16)