§ 18.78

The city council finds and declares:

A.

Public art contributes to the public's understanding, enjoyment and experience of cultural diversity, while helping to create and maintain a large and diverse community that will enrich the city's cultural identity and economic vitality.

B.

The incorporation of public art into private and public development will create a unique sense of community as well as public identity and enhance the visual and aesthetic quality of such developments.

C.

The incorporation of public art in private and public development contributes to civic enhancement through creation of a more desirable community, which is in the public interest for those living and working in the City of Morgan Hill.

D.

The provision of public art supports and implements general plan policies to support publicly accessible artwork to enhance the social, cultural, historic, and artistic character of the community and ensure high quality architectural and artistic design in all new developments.

E.

Cultural and artistic assets should be included in private development projects because those projects diminish the availability of the community's resources for those cultural and artistic features, and because it is important that those projects contribute to the urbanization of private property in a manner that benefits the public.

F.

Cultural and artistic resources foster economic development and tourism, revitalize urban areas, and create a more desirable community within which to live and work.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

18.78.020 - Applicability and exemptions.

A.

Applicability. This chapter applies to all new residential building developments of twenty housing units or more; nonresidential development projects of five thousand square feet or more; and new public buildings and new city parks.

B.

The following shall be exempt from the provisions of this chapter:

1.

Building/facility renovations or additions.

2.

Public works capital improvement projects, including, but not limited to, building/facility renovations or expansions, streets and roads, medians, trails, bike lanes, landscaping, storm drainage facilities, wastewater facilities, and water facilities.

3.

Non-Municipal Governmental projects.

4.

Municipal projects when the city council finds that, based upon the characteristics of the project or the project budget, it is in the best interests of the Morgan Hill community to do so.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

18.78.030 - Contribution requirements.

A.

Program Allocation.

1.

Commercial, industrial, moderate-income and above moderate-income residential, and municipal development projects subject to the provisions of this chapter shall expend not less than one percent of building development construction valuation, to a maximum of one million dollars, acquiring and installing on-site artwork.

2.

Non-profit organizations and lower-income affordable housing development projects subject to the provisions of this chapter shall expend not less than one-half percent of building development construction valuation, to a maximum of five hundred thousand dollars, acquiring and installing on-site artwork.

B.

In-lieu Payments. In lieu of acquiring and installing on-site artwork as required under Section 18.78.030.A, the applicant, at the applicant's discretion, may pay into the Morgan Hill Public Art Fund a public art in-lieu contribution in an amount equal to one hundred percent of the program allocation. If an applicant chooses to make the public art in-lieu payment, the applicant must make that choice prior to final approval of the development project application and fully pay the public art in-lieu payment to the city prior to the issuance of the first building permit for the development project for which the contribution is required.

C.

If the applicant chooses to acquire and install on-site artwork, and the value of the on-site artwork is less than one hundred percent of the program allocation, the applicant shall pay into the Morgan Hill Public Art Fund the difference between one hundred percent of the program allocation and the value of the on-site artwork.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

A.

On-site artwork shall be installed on the development project site in a location that allows the artwork to be visible and accessible by the public, such as the adjacent right-of-way.

B.

On-site artwork shall be permanently sited and an integral part of the landscaping and/or architecture of a building considering the historical, geographical, and social/cultural context of the site or community.

C.

On-site artwork shall be constructed of materials that are appropriate for the proposed location and to a scale that is proportional to the scale of the building or property it relates to or is sited upon.

D.

On-site artwork installations required by Section 18.78.030 may include:

1.

Graphic and multi-media: Printmaking, drawing, calligraphy and photography including digital, any combination of forms of electronic media including sound, film, holographic, and video and other art forms but only when on a large public scale;

2.

Interactive art pieces;

3.

Mixed Media: Any combination of forms or media, including collage;

4.

Mosaics;

5.

Painting: All media, including, but not limited to, murals;

6.

Performance spaces, including indoor or outdoor stages and amphitheaters.

7.

Public art gardens;

8.

Sculpture; such as in the round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials, including glass and neon;

9.

Waterworks; and

10.

Any other artwork determined by the city council to satisfy the intent of this section.

E.

The following facilities and artwork shall not be eligible to satisfy the requirements for on-site artwork:

1.

Mass-produced, standard design art objects such as playground equipment, benches or fountains;

2.

Decorative or functional architectural elements designed solely by the project architect;

3.

Directional elements such as super graphics, signage, or color coding;

4.

Logos or corporate identity;

5.

Reproduction, by mechanical or other means, of original works of art; and

6.

Art that signifies political or religious affiliations.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

18.78.050 - Program administration.

A.

Projects subject to the public art requirement shall declare their intention to install public art on-site or to contribute to the in-lieu fund as part of the project design approval process, or the submission of building permits, if no design approval is required for the project. If an applicant chooses to install public art on-site, the applicant shall identify the proposed location(s) of the on-site public art on the submitted plans.

B.

Application Requirements. An application for the installation of on-site artwork shall be submitted to the development services department on forms furnished for that purpose and shall include the following information, as applicable:

1.

Landscape and/or site plans indicating the location and orientation of the on-site artwork that integrates the artwork into the overall project design;

2.

A sample, model, photograph(s), or drawing(s) of the proposed on-site artwork;

Material samples and finishes, if appropriate;

4.

The artist's resume and portfolio of past work, which demonstrates competency with the materials and forms proposed for the on-site artwork proposal;

5.

A written statement by the artist describing the on-site artwork, as well as a discussion of the manner in which the proposed on-site artwork meets the findings established by Section 18.78.050.E;

6.

An itemized budget declaring the valuation of the on-site artwork pursuant to Section 18.78.070;

7.

A maintenance plan for the on-site artwork;

8.

Any such additional information or materials as may be required by the development services director; and

9.

Application processing fees.

C.

Art Installations. The planning division shall review the location of the proposed art installation as part of the project design approval process, or the submission of building permits, if no design approval is required for the project. The library, culture, and arts commission shall review the proposed artwork.

D.

City Commissioned Public Art Project Installations. The library, culture, and arts commission shall review the proposed artwork and provide a recommendation to the city council. The city council shall review and act on all city commissioned public art projects.

E.

Findings. In order to approve an on-site artwork application, the library, culture, and arts commission must make all of the following findings:

1.

The artist has demonstrated qualifications to complete the proposed on-site artwork with the highest professional standards.

2.

There is sufficient public visibility and accessibility to the on-site artwork, and the proposed on-site artwork is compatible with and harmonious with the development project and surrounding environment.

3.

The proposed on-site artwork is durable and cost effective to maintain using ordinary methods of maintenance.

4.

The budget for the proposed on-site artwork and any in-lieu fees proposed by the applicant is equivalent to or exceeds the required program allocation.

F.

In-lieu Fee Collection. The city's engineering division shall be responsible for collecting the in-lieu fee prior to building permit issuance for nonresidential developments, and prior to certificate of occupancy for residential developments.

G.

Administration. The city's public services department shall be responsible for the administration of the public art fund.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

A.

The property owner on which the on-site artwork is located shall maintain, or cause to be maintained, in good condition the on-site artwork continuously after its installation and shall perform necessary maintenance thereto to the satisfaction of the city. The maintenance obligations of the property owner shall be incorporated into the conditions of approval for the on-site artwork and shall be reflected in an agreement between the city and the owner of the property on which the on-site artwork shall be located and the agreement shall be recorded against the property prior to building permit issuance or final map approval, whichever occurs first.

B.

Should the property owner wish to remove the on-site artwork, the city must be notified in advance. The property owner shall replace the on-site artwork with on-site artwork of equal or greater value subject to the approval of the city, and consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

A.

The following expenses may be included in the budget for the program allocation for on-site artwork:

1.

The on-site artwork itself, including the artist's fee for design, acquisition, purchase, structural engineering and fabrication;

2.

Transportation and installation of the on-site artwork at the development project site;

3.

Artwork identification signs; and

4.

Mountings, anchorages, containments, pedestals, bases, or materials necessary for installation of the onsite artwork.

B.

The following expenses shall not be included in the budget for the program allocation for on-site artwork:

1.

The cost of locating the artist(s);

2.

Architect and landscape architect fees;

3.

Land costs;

4.

Landscaping around the on-site artwork not integral to its design;

5.

Publicity, public relations, photographs, or dedication ceremonies;

6.

Utility fees associated with activating the artwork; and

Illuminating the on-site artwork if not integral to the design.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

18.78.080 - Use of in-lieu fee funds.

Public art funds collected pursuant to this chapter may be used for the following activities:

A.

For the design, acquisition, purchase, commission, installation, placement, improvement, relocation, conservation, and insurance of artwork acquired by the city with the preference to commission public art from a local artist;

B.

For preventative care, maintenance, and utility charges related to the artwork and real property purchase;

C.

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;

D.

For costs associated with administering the public art program;

E.

Structures that enable the display of artwork(s); artistic design and fabrication fees; labor of assistants, materials, and contracted services required for the production and installation of the work of art; any required permit or certificate fees, business and legal costs directly related to the project; and

F.

Preparation of site to receive artwork.

(Ord. No. 2359 N.S., § 1, 12-4-2024)

Chapter 18.80 - RECREATIONAL VEHICLE PARKS