Shafter Municipal Code Ch. 15.51 Murals

It is the intent of the city council, for the purpose of promoting the local economy, for further beautification of the city, and for promotion of the overall well being of the city, to adopt this chapter regarding murals, their location, and their design.

(Ord. No. 715, § 1(Exh. A, § 17), 1-21-2020)

As used in this chapter, the following definitions shall apply:

"Area 1" means the downtown area bordered by Lerdo Highway on the south, Shafter Avenue on the west, and Central Valley Highway on the north plus Central Avenue between Central Valley Highway and Kern Street. This area shall include property adjacent to both sides of Lerdo Highway, Central Valley Highway, Shafter Avenue and Central Avenue as designated in this definition.

"Committee" means the mural design review committee as appointed by the city council of the city of Shafter.

"Mural" means a permanent picture painted directly on an exterior wall or on panels to exterior walls, covering twenty-five percent of the wall area.

"Mural project permit" means a permit issued by the city authorizing the painting of a mural within the city.

(Ord. No. 715, § 1(Exh. A, § 17), 1-21-2020)

A. Areas Established. Murals shall be located in two areas, these areas being known as "Area 1" and "Area 2" of the city. Area 1 is located within the downtown area, as defined in this chapter; Area 2 is the remaining area of the city. The intent of the city council regarding establishment of these two areas is to encourage concentration of murals in Area 1 (downtown area of Shafter); however, this intent should not be used as a sole rationale to deny application for murals in Area 2.

B. Mural Design Approval Required—Permit Issuance. Prior to painting or installing a mural on any building in Shafter, an application shall be submitted for review by the committee. The committee will then make recommendation to the city council who will approve, conditionally approve or deny any proposed mural.

C. Mural Design Amendment—Approval Required. Prior to amending a mural design (whether painted or not yet painted) that has been approved by the city council, an application for amendment to the permit shall first be approved, upon recommendation of the committee, by the city council. Upon approval, the permit for the mural shall be so amended.

(Ord. No. 715, § 1(Exh. A, § 17), 1-21-2020)

The

following criteria shall apply to the design of murals submitted for approval:

A. The subject matter shall reflect the life and growth of Shafter and its surrounding environs from 1900 to the present. Special consideration shall be given to subject matter that is more historical in nature.

B. The mural shall be pictorial only; no wording, signs, or other forms of advertising shall be permitted on the same wall as the mural; except that the name of the muralist and the name of the sponsor, or explanatory wording relative to the artwork may be incorporated into the mural in a manner approved by the city council upon recommendation of the committee.

C. The design and layout of the mural shall be consistent with Section 2.80 (Design Review) of the zoning ordinance, the city's general plan, the city's design guidelines, and any adopted architectural criteria for specialized areas designated as: historic districts, theme areas, specific plans or planned developments.

D. Paint, or any other medium that is to be applied to the mural shall be appropriate for use in an outdoor setting for an artistic rendition and shall be of a permanent, long lasting variety.

E. The city council may be resolution, from time to time, adopt additional criteria and guidelines relating to the design and placement of murals on buildings and walls.

F. The mural's theme, content, scale and layout shall reflect consideration of its location, surrounding properties and the environment.

(Ord. No. 715, § 1(Exh. A, § 17), 1-21-2020)

A. All applications for mural permits shall be referred to the committee for review and recommendation to the city council. The committee may offer suggestions and recommendations to the applicant, and/or city council to assist in the decision making process. The committee shall be appointed by the city council and shall consist of the community development director or his/her designated appointee and four citizens at large. The committee may enlist assistance from any number of Shafter residents to assist in the development and/or review of proposed murals to assure proper implementation of this chapter.

B. All mural permit applications shall include:

1. A photograph and/or artist's rendering to be reviewed by the committee. Artist's renderings and/or photographs shall be in full color and shall be to scale proportionate to the mural that is proposed.

2. A maintenance agreement between the city and the building owner(s) on which the proposed mural is to be painted or placed, in form and substance approved by the community development director, shall be required. This maintenance agreement shall set forth criteria upon which the mural is to be maintained and, upon approval by the community development director, shall be recorded in the office of the Kern County recorders office. The length of the maintenance agreement shall be for a term of no less than fifteen years.

(Ord. No. 715, § 1(Exh. A, § 17), 1-21-2020)

Application Fee and/or Permit Issuance. In the event the city council determines it appropriate, it may set, by resolution, a fee for the application and/or permit issuance for a mural permit.

(Ord. No. 715, § 1(Exh. A, § 17), 1-21-2020)

City council approval of a mural design shall occur only after the committee has made a recommendation to the city council, a public notice has been given, and an opportunity has been provided to any interested party(s) to present appropriate comments, considerations and/or concerns, either in writing or orally, to the city council. The city council may approve a permit if it finds that the criteria set forth in Section 15.51.040 are satisfied, that the requirements of Section 15.51.050 have been fulfilled, and that the proposed mural does not detrimentally impact nearby properties.

(Ord. No. 715, § 1(Exh. A, § 17), 1-21-2020)

Violations of this chapter shall constitute a misdemeanor punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail not to exceed six months or by both such fine and imprisonment.

(Ord. No. 715, § 1(Exh. A, § 17), 1-21-2020)