ORDINANCE NO. CCO-18-05

AN ORDINANCE OF THE CITY OF MT. SHASTA ADDING THE MT. SHASTA MUNICIPAL CODE CHAPTER 18.65

“PUBLIC MURAL REVIEW”

WHEREAS, the City of Mt. Shasta finds that the visual and aesthetic quality of development has a significant impact on property values, the local economy, and cultural vitality of the City; and

WHEREAS, the incorporation of public murals 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 development; and

WHEREAS, the purpose of this chapter is to authorize the establishment of guidelines, procedures, and standards for the integration and protection of public murals onto private and public structures; and

WHEREAS, the Planning Commission at the May 15, 2018 regular Planning Commission approved the creation of Chapter 18.65 “Public Mural Review”.

NOW THEREFORE BE IT RESOLVED, the City Council does hereby ordain that Chapter 18.65 of the Mt. Shasta Municipal Code is to read as follows:

Chapter 18.65

PUBLIC MURAL REVIEW

Sections:

18.65.010 Purpose.

18.65.020 Function.

18.65.030 Planning Commission Review.

18.65.040 Beautification Committee Review.

18.65.050 Requirements for Public Murals.

18.65.060 Application for Public Mural Review.

18.65.070 Prohibition of Commercial Message.

18.65.080 Exceptions.

18.65.90 Fees.

18.65.100 Appeals.

18.65.110 Miscellaneous Provisions.

18.65.120 Permit modifications.

18.65.130 Fines and penalties.

18.65.010 Purpose.

The purpose of this chapter is to authorize the establishment of guidelines, procedures, and standards for the integration of public murals onto private and public structures. The visual and aesthetic quality of development has a significant impact on property values, the local economy, and vitality of the City. No person shall create, maintain, and put in place a public mural without first receiving a permit from the City as provided in this Chapter. For the purposes of this Chapter, “Public Mural” is defined as a piece of artwork painted or applied directly on a wall, ceiling, or other permanent surface with a noncommercial message.

18.65.020 Function.

The function of the public mural review shall be to review and ensure compliance with this Chapter of all public murals on new and existing buildings and structures.

18.65.030 Planning Commission Review.

The powers and duties of the function of public mural review as set forth in this chapter shall be performed by the Planning Commission of the City of Mt. Shasta for all privately held buildings and structures.

18.65.040 Beautification Committee Review.

The Beautification Committee shall perform the public mural review set forth in this chapter and offer recommendation to the City Council for final approval authority for all public property in the City of Mt. Shasta.

18.65.050 Requirements for Public Murals.

A. The property owner, including the City, subject to the requirements of the Chapter shall install public mural(s) on a specific project site in a public place as approved by the appropriate review body with final design review authority for the project pursuant to the process identified in this Chapter.

B. Title to all public mural(s) required by and installed pursuant to this Chapter on private property shall be vested in the owner and pass to the successive owners of the property. Each successive owner shall be responsible for the custody, protection, and maintenance of such mural(s). Public Murals installed on public property is owned by the City of Mt. Shasta and maintenance, removal, or protection is the responsibility of the City.

(C) If, for any reason, the current property owner or successor in interest shall choose to replace or remove any public mural installed pursuant to this Chapter, the following requirements shall be met before the art is removed or replaced:

  1. A replacement project must be reviewed and approved by the appropriate reviewing body with final mural review authority for the project.

  2. The location of the replacement shall meet the requirement for public visibility in effect at the time of replacement.

  3. The replacement shall conform, in every aspect, to all standards in effect at the time of replacement.

  4. The replacement design, location, and installation shall violate no other ordinance.

  5. The replacement shall be installed within 180 days of the removal of the existing public mural, unless the period is extended by the Planning Department.

  6. The Planning department must be notified a minimum of 30 days prior to the removal of public mural(s) which will not be replaced. A public mural on private property may be removed by the private property owner without the permission of the City.

18.65.060 Application for Public Mural Review.

A. A person requesting a public mural permit shall file an application, certified by affidavit on forms provided by the Planning Department. The Planning Department will forward the application to the appropriate review body upon receipt of complete materials.

B. The application for a public mural permit shall set forth all of the following information, if applicable:

  1. The name, address, e-mail address, and telephone number of the applicant and property owner, if the applicant is not the property owner.

  2. The project site address and a description of the location of the proposed public mural.

  3. Site photographs of the structure and angles of public view where the public mural will be located.

  4. A description of the materials used to execute the proposed public mural (i.e. paints, materials, vegetation, and lighting)

  5. A copy of a complete Encroachment Permit as per Chapter 12.34, if the execution of the public mural will encroachment on city property.

  6. The name, address, e-mail address, and telephone number of the artist executing the public mural.

  7. The proposed dates and times when the proposed public mural construction will begin and end.

  8. A copy of a contract or purchase between the applicant and artist for public mural construction and maintenance.

  9. A description of the maintenance plan to ensure the public mural stays in good condition.

  10. A rendering of the proposed design including dimensions and superimposed on the proposed structure to give context.

18.65.070 Prohibition of Commercial Message.

Public murals shall not include the name of a business or business logo. Public murals containing such shall be considered a flush mounted graphic and subject to Chapter 8 “Graphics” of the Mt. Shasta Municipal Code.

18.65.080 Exceptions.

(A) Maintenance and Emergency Repairs.

  (1) “Maintenance” as used in this section means the upkeep of the originally approved public mural.

  (2) “Emergency repairs” as used in this section means actions deemed by the Building Official as being required to preserve health, welfare, and safety.

(B) Single-family dwellings, duplexes, or triplexes

(C) Murals which are not visible to the general public on private property.

(D) Public murals existing at the time of ratification of this ordinance.

18.65.90 Fees.

The City Council of the City of Mt. Shasta shall adopt applicable fees for public mural review, such fees to be fixed by resolution, and to be in an amount equal to the costs of processing public mural review applications.

18.65.100 Appeals.

The applicants and the public may file an appeal to the City Council on any decision of the Planning Commission on private public mural review pursuant to Chapter 18.32 MSMC.

18.65.110 Miscellaneous Provisions.

(A) Noncompliance.

  (1) In addition to any other fines, penalties or enforcement provisions set forth in this chapter, failure to comply in any respect with an approved public mural review application shall constitute grounds for the immediate stoppage of the work involved in said noncompliance until the matter is resolved.

(B) Revocation, Expiration and Extension of Approval.

  (1) In any case wherein demolition of the structure or removal of any existing public mural is proposed, mural review and approval is required.

  (2) Mural review approvals shall automatically expire in one year unless a different expiration date or unlimited expiration is stipulated at the time of approval. Prior to the expiration of a mural review approval, the applicant may apply to the Planning Department for an extension of one year from the original date of expiration. The Planning Department shall grant the extension and may make minor modifications of the approved design at the time of extension if they find that there has been no substantial change in the factual circumstances surrounding the originally approved design. Any further extensions beyond one year shall require Planning Commission or Beautification Committee approval.

C) Historical Status.

  (1) In any case wherein the City grants approval of a public mural through the process outlined in this Chapter it does not infer historical status unless the public mural is properly registered with the state of California as a historical landmark or marker.

18.65.120 Permit modifications.

The Planning Department may approve minor modifications of an approved public mural permit upon a finding that any such changes would not alter the overall design and layout of the public mural.

18.65.130 Fines and penalties.

(A) Violation of this chapter shall constitute an infraction, and shall be punished in the manner as specified, at the time of violation, in California Government Code § 36900, or any successor statute which specifies the penalties of infractions.

(B) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city or its agents to compel public enforcement of this chapter against private parties.

(C) Nothing herein shall prevent a person who violates this chapter from, in the alternative, being charged with and convicted of a misdemeanor or felony under any other applicable provision of the California Penal Code or other local, County, State, or Federal law or regulation.

(D) In addition to provisions outlined in California Government Code § 36900, if a mural is erected, altered, or exists in a manner which violates this chapter the mural may be removed by the City at the property owner expense.

The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on September 24, 2018 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated: September 24, 2018

CITY OF MT. SHASTA

Kathy Morter, Mayor

ATTEST:

Kathryn M. Wilson, Deputy City Clerk

APPROVED AS TO FORM:

John Sullivan Kenny, City Attorney

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