Chapter 21.63 — MURALS

The purpose of this chapter is to allow and encourage through a city registration process the establishment and maintenance of' original art murals on private buildings on a content-neutral basis on certain terms and conditions that assure placement and maintenance of such artwork serves the community's long-term industry and aesthetic interests without placing financial burden on the city and/or community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

City Art Mural Policy for Private Buildings. The director is authorized to implement and administer a city art mural policy for private buildings, as adopted by the city council by resolution, which establishes requirements for murals on private buildings including but not limited to the following: a neighborhood involvement process, design standards, height and size limitations, and safety requirements. The policy shall also require the applicant to advise the mural artist(s) in writing of the artist's rights pursuant to California law and federal law, including but not limited to California Civil Code Section 987, the California Art Preservation Act ("CAPA"), and the Visual Artist's Rights Act of 1990 ("VARA") as codified within the Copyright Act of 1976, 17 United States Code (U.S.C.) Section 101 et seq., as these acts may be amended from time to time.

B.

Original Art Mural on Private Building.

Allowed Original Art Murals. An application that meets all the following criteria, and which is not otherwise prohibited by this chapter, will be allowed:

a.

Submission of a complete original art mural application, submitted on forms furnished by the director;

b.

Compliance with all the requirements of the original art mural policy for private buildings referred to in Subsection 21.63.020(A) (City Art Mural Policy for Private Buildings), above, and all requirements of this zoning code;

c.

Certification that the mural will remain in place, without alteration, for a minimum period of five years, except in limited circumstances as may be specified in an original mural art on private buildings policy, and further that the applicant agrees to maintain the mural in place in good condition during the life of the original mural art;

d.

Location of the mural within the Uptown/Town Center Specific Plan area adopted by the city council, as it may be amended from time to time; and

e.

Payment of any registration fee required by this chapter or the art mural policy for private buildings.

Prohibited Original Art Murals. The following original art murals are prohibited:

a.

Murals on residential buildings with fewer than five dwelling units;

b.

Murals in or on a public right-of-way;

c.

Murals on buildings regulated by Chapter 21.62 (Historic Preservation) unless a certificate of appropriateness (Paragraph 21.62.080(A)6.) has been approved by the city council;

d.

Murals for which compensation is given or received for the display of the mural or for the right to place the mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the mural or the right to place the mural on the property; and

e.

Murals which would result in a property becoming out of compliance with the provisions of this title or land use conditions of approval for the development on which the mural is to be located.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Community Meeting Required. Applicants seeking to register an original art mural with the city shall conduct a noticed community meeting on the mural proposal at which time interested members of the public may review and comment upon it.

B.

Mailed Notice. Postmarked at least ten calendar days before the date of the community meeting, the zoning administrator shall provide notice by First Class mail delivery to:

The applicant for the proposal in question and the owner of the subject property; and

The owners and occupants of all real property within three hundred feet of the site of the proposal in question;

C.

Community Meeting Complete. No original art mural registration certificate shall be issued until the applicant certifies that he or she has completed the required neighborhood involvement process. This is a process requirement only and an original art mural registration certificate will not be granted or denied based upon the content of the mural.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Vintage Art Mural Registration. Murals created prior to October 2, 2018 and which received approval through a city- approved process that offered an opportunity for public input may be registered as a vintage original art mural, subject to completing a vintage original art mural application and paying a registration fee, if applicable.

B.

Art Mural Registration Fee. The city council may adopt a resolution authorizing a fee to register with the city an original or vintage art mural. Such fees shall not exceed the actual costs of administration of the original and vintage art mural registration process.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An unregistered mural is considered an illegal sign and will be enforced in accordance with this zoning code. Further, city registration of an original art mural or vintage art mural does not exempt the applicant and/or building owner from complying with any other applicable requirements of the Paso Robles Municipal Code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)