Chapter 17.79 — ORIGINAL ARTWORK MURALS ON PRIVATE PROPERTY

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Original artwork mural" means a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence, distinguished from signage in that it does not advertise a business, commercial endeavor, or product sold or offered on the site or off-site.

(Ord. No. 2017-02, § 2)

Installation of original artwork murals shall be limited to nonresidential buildings located as follows: Walker Street, all of 6th Street, and Mill and Colusa Streets from 3rd to 8th Streets.

(Ord. No. 2017-02, § 2)

A.

This chapter is intended to permit and encourage original artwork murals on content neutral basis that are (1) sufficiently durable and will be properly maintained; (2) are located on appropriate places on buildings and constitute a particular scale of the building facade; (3) do not include any unsafe features or would not pose any unsafe conditions to vehicular or pedestrian traffic; (4) provide avenues for artistic expression, and (5) are assets to the community.

B.

The regulations and permit requirements set forth in this chapter are also intended to promote public safety and welfare by establishing the following:

That the design, construction, installation, repair, and maintenance of the displays will not interfere with traffic safety or otherwise endanger public safety.

That regulation will provide reasonable protection by controlling the size, height, spacing, and locations of such displays.

That the public will enjoy the aesthetic benefits of viewing such displays in numbers and sizes that are reasonably and objectively regulated.

(Ord. No. 2017-02, § 2)

A.

No person, firm, corporation or other entity may authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any original artwork mural within the city prior to obtaining a permit as set forth herein. Such permit shall be known as a mural permit.

B.

An application for a mural permit shall be filed with the planning department by way of a form prepared by the planning department and shall include the following:

Name of the artist.

Examples of previous work done by the artist, with references.

Description of the materials to comprise the proposed mural and manner of application.

Statement regarding durability of the materials considering the location and positioning of the proposed mural.

Plans and specifications for the proposed mural including an exact picture graphic or other description.

Statement that the proposed mural will remain in place for at least five years.

Statement that no compensation will be given or received for the display of the mural or the right to place the mural on the property.

Application fee as established by resolution of the city council.

(Ord. No. 2017-02, § 2)

A.

The mural permit application shall be submitted to the planning department for review as set forth herein. The review shall be completed within thirty (30) days; provided, however, that the planning department is authorized to utilize additional time, with notice to the applicant and the basis therefore.

B.

Review Criteria. The planning department shall review the mural application using the following criteria.

The mural shall be durable, permanent and easily protected from vandalism and weathering; consideration shall be given to the structural and surface integrity and stability of the building facade the permanence and durability of the mural and the mural resistance against weathering theft and vandalism.

The mural shall not have any unsafe features or conditions that may affect public safety.

The mural shall not disrupt traffic nor create any unsafe conditions or distractions to motorists or pedestrians.

The mural surface shall be prepared with an outdoor primer to ensure good adhesion for the artwork.

Clear, anti-graffiti coating shall be applied over the completed artwork.

The mural shall not extend more than six inches from the plane of the wall to which it is attached.

(Ord. No. 2017-02, § 2)

The following are prohibited in the city:

A.

A mural that is placed on single or multiple family residential buildings.

B.

A mural that contains obscene matters as defined in Section 311 of the California Penal Code or images that would incite immediate violence so as to constitute fighting words.

(Ord. No. 2017-02, § 2)

A.

Except as provided in subsection B. below, if installation of the permitted original artwork mural has not taken place within twelve (12) months of the date of issuance of the mural permit, the permit is void and no further work on the mural may be done at the site until a new permit has be approved and new fee paid.

B.

An approved mural permit may be extended by the planning department for an additional period of no more than twelve (12) months upon the planning department finding that the applicant was unable to begin or continue the installation of the approved mural for reasons beyond his or her control. A request for permit extension must be in writing and must be received by the planning department before the original permit expiration date.

(Ord. No. 2017-02, § 2)

A.

The property owner is responsible for ensuring that a permitted original artwork mural is maintained in good condition and fully repaired in the case of vandalism or accidental destruction.

B.

Failure to maintain the original artwork mural as provided herein is declared to be a public nuisance and may be summarily abated or repaired by the city. The city may pursue additional remedies to obtain compliance with the provisions of this section as appropriate.

C.

In addition to other remedies provided by law in the event the property owner fails to maintain the mural upon reasonable notice, the city may perform all necessary repairs or maintenance to the mural or secure insurance and all costs incurred by the city shall become a lien against the property.

(Ord. No. 2017-02, § 2)

Alterations to an original artwork mural shall only occur pursuant to a new mural permit approved and issued by the procedures described herein.

(Ord. No. 2017-02, § 2)