§ 4-2-8 MURALS.
   The purpose of this section is to provide opportunities for art citywide that will contribute to livable, aesthetically pleasing and pedestrian friendly streetscapes in accordance with the goals and objectives of the city’s general plan. Promoting murals of historical or community significance will assist in educating residents and visitors about the city. This section will promote the local economy, tourism and city beautification efforts by establishing standards for murals, their location and design.
   (A)   Application required. Applications for a mural permit shall be filed with the City Recreation Department. Such applications shall include the following:
      1.   The address and assessor’s parcel number for the property;
      2.   Written consent of the property owner or authorized representative;
      3.   A description of the proposed mural, both in written and picture/design form, including a size estimate for the mural; and
      4.   Any other information the Recreation Superintendent deems necessary in describing whether the mural will comply with subsection (D) of this section.
   (B)   Application fee. The application for a mural permit shall be accompanied by a fee established by the resolution of the City Council.
   (C)   Location. Murals may be located on the sides of buildings and walls on property in any commercial and industrial zone district (C-1, C-2, C-3, DTC, M-1, M-2, P-F) within the city.
   (D)   Criteria for design of murals.
      1.   The subject matter of the mural shall be of historical or community significance regarding the growth and development of the city and the region. A mural may not contain text, registered trademarks, logos or business advertising unless such items fall within the guidelines of this subsection (D)1.
      2.   The paint and materials to be used shall be appropriate for use in an outdoor locale, for an artistic rendition and shall be of a permanent, long lasting variety.
      3.   The mural shall be designed and painted by mural artists with knowledge in the design and painting of such projects. Mural artists must demonstrate their knowledge by providing photographs of murals they have painted or by providing evidence of their experience.
      4.   To the extent feasible, the mural shall be resistant to acts of vandalism, such as graffiti.
      5.   Murals shall be subject to review by the Recreation Superintendent, or individual designated by the City Manager, every two years, or as needed to determine physical condition and maintenance.
   (E)   Mural permit and design approval.
      1.   Prior to painting, installation and execution of a mural, an application shall be submitted to the Recreation Department and approved by the Parks, Recreation and Arts Commission, subject to appeal as described in subsection (G) of this section.
      2.   The application shall include all the criteria detailed in subsection (A) of this section, including a detailed drawing or sketch of the mural and other details as described on the application. As required under subsection (A) of this section, the application shall provide proof that permission from the property owner has been secured for the wall on which the mural will be applied; this will require written authorization by the property owner.
   (F)   Parks, Recreation and Arts Commission review of mural permit.
      1.   The Recreation Superintendent shall forward the application for a mural permit, with a recommendation, to the Parks, Recreation and Arts Commission. The Parks, Recreation and Arts Commission shall hold a public hearing to review and approve, approve with modifications, or deny the mural permit as submitted according to the criteria set forth in subsection (D) of this section. Public hearings for the consideration of proposed applications for a mural permit shall require at least one publication in an official newspaper of general circulation in the county not less than ten calendar days prior to the date of the hearing.
      2.   Should the Parks, Recreation and Arts Commission be disbanded, or not have sufficient members appointed to constitute a quorum, the Planning Commission shall fulfill the role of the Parks, Recreation and Arts Commission. In fulfilling the role of the Parks, Recreation and Arts Commission, the Planning Commission shall comply with all requirements of this chapter.
   (G)   Appeal process. Within ten days of the Parks, Recreation and Arts Commission’s decision on a mural permit, any interested party may appeal a decision of the Parks, Recreation and Arts Commission regarding a mural permit application. The appeal must be in writing and must be filed with the City Clerk within ten days of the action by the Parks, Recreation and Arts Commission. The appeal shall state specifically wherein the decision of Parks, Recreation and Arts Commission was inappropriate. The appeal shall be considered by the City Council at a noticed public hearing. Action of the City Council shall be considered final. Public hearings for the consideration of an appeal under this section shall require at least one publication in an official newspaper of general circulation in the county not less than ten calendar days prior to the date of the hearing.
(Ord. 612, passed 4-1-2014; Ord. 635, passed 10-2-2018)