Hemet Municipal Code Art. XLIII Art in Development

Footnotes:

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Editor's note— Ord. No. 1585, § 3, adopted August 25, 1998, repealed former §§ 90-1501—90-1511 which pertained to nonconformities and derived from Ord. No. 621 and 1984 Code §§ 25200—25210.

(a) Title. This article shall be known and may be cited as the art in development ordinance.

(b) Authority. This article is adopted pursuant to the city's independent police power under article XI, section 7, of the state constitution to regulate land use, urban design, and the visual environment in furtherance of the public health, safety, and general welfare of the community.

(c) Purpose. The purpose of this article is to establish a formal regulatory framework for the integration of high-quality, permanent, content-neutral public art into the city's built environment. This article aims to:

(1) Mitigate the impact of new development on the city's cultural and aesthetic infrastructure.

(2) Foster a sense of place and enhance the pedestrian experience through superior urban design.

(3) Ensure that when an applicant elects to pay a fee in lieu of on-site installation, such charges are adopted, collected, and expended in strict compliance with state law and constitutional standards.

(4) Maintain the city's cultural vitality by ensuring that public art is created by qualified professionals and preserved through enforceable long-term maintenance standards.

(d) Legislative findings. The city council hereby finds and declares as follows:

(1) Public interest and cultural vitality. Public art is not merely aesthetic; it is a vital component of the city's infrastructure that promotes economic development, attracts tourism, and enhances the mental and physical well-being of residents by creating a high-quality "sense of place" that reflects the unique history and character of the San Jacinto Valley.

(2) Impact of development. New residential and non-residential development projects increase the density of residents, employees, and visitors within the city. This growth creates a direct and measurable demand for public-realm cultural amenities and enhanced urban design to offset the increased burden on the city's visual environment and public spaces.

(3) Regulatory structure and constitutional compliance.

a. The requirement to provide on-site public art is a land-use design standard similar to landscaping, set-back, or architectural requirements, intended to ensure a project's compatibility with the city's aesthetic and cultural goals.

b. When an applicant elects the alternative of an in-lieu fee, that fee is imposed as a condition of development approval and shall be the responsibility of the developer, not the ultimate purchaser or home buyer. The city council finds that there is a clear essential nexus between the impacts of new development and the need for public art, and that the required contribution is roughly proportional to the scale, cost, and impact of the project.

(4) Prop 26 and tax status. Any in-lieu fee collected pursuant to this article is a charge imposed for a specific benefit conferred or privilege granted, or a charge imposed as a condition of property development, and is therefore not a tax under article XIII C, section 1(e)(7), of the state constitution.

(5) Mitigation of aesthetic blight. Failure to integrate high-quality art into significant development projects contributes to architectural monotony and aesthetic blight, which diminishes property values and the overall safety and welfare of the community.

(Ord. No. 2073, § 2, 3-24-26)

For the purposes of this article, the following words, terms, and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the community development director of the city, or such other city official as may be designated by the city manager to oversee the daily operations of the art in public places program.

Art in public places program (AIPPP) or program means the comprehensive regulatory and administrative framework established by this article to facilitate the selection, acquisition, placement, and maintenance of artwork within the city.

Art in public places (AIPP) fund means a segregated, interest-bearing special fund established by the city for the deposit and expenditure of public art contributions and in-lieu fees. Funds shall be used exclusively for the purposes authorized in section 90-1507.

Building valuation means the total value of all construction work for which a building permit is issued, as determined by the building official using the most recent International Code Council (ICC) building valuation data or the city's adopted valuation tables, whichever is higher. Building valuation shall include all structural, mechanical, electrical, and plumbing work, and permanent on-site improvements. Specifically excluded from this definition are land acquisition costs and off-site improvement costs (e.g. public street segments or utility trunk lines). The building official's determination of valuation shall be final for the purposes of calculating the public art contribution.

Capital improvement projects (CIP) means those public construction projects identified and funded within the city's multi-year capital improvement program budget, including but not limited to the construction of new public buildings, parks, or major infrastructure.

Certificate of occupancy (C of O) means a temporary or permanent certificate issued by the building official authorizing the initial occupancy of a building or structure.

Developer means the person, corporation, partnership, or legal entity financially and legally responsible for the planning, design, and construction of a development project. The term "developer" may refer to the applicant for a building permit, which may be distinct from the legal owner of the real property upon which the project is situated. For purposes of this article, the developer (not the ultimate purchaser or home buyer) shall be responsible for payment of all public art contributions and in-lieu fees.

Development means the following activities, provided they meet the thresholds set forth in section 90-1503:

(1) The construction of new buildings or structures;

(2) Additions to existing buildings that create net new floor area; or

(3) Substantial interior or exterior remodels, rehabilitations, or improvements.

Large-scale residential developer means any person, corporation, partnership, or legal entity that constructs two or more single-family dwellings concurrently or sequentially within the same tract, subdivision, or development project, or any developer that constructs residential dwelling units on a commercial or production basis. This definition includes, but is not limited to, regional and national homebuilding companies.

Public art/artwork means a permanent, site-specific, and publicly viewable visual work of art created by a qualified artist.

(1) Eligible media. May include, but is not limited to, sculpture, murals, mosaics, earthworks, fiber works, media/light-based installations, and artist-designed functional amenities (e.g. paving patterns, benches, or water features) that possess high aesthetic quality.

(2) Ineligible items. The following are specifically excluded:

a. Mass-produced "off-the-shelf" objects or reproductions of original works;

b. Decorative, ornamental, or functional elements designed by the project architect or landscape architect rather than a qualified artist;

c. Routine landscaping or standard architectural features; and

d. Commercial signage, directional graphics, or "supergraphics" that serve primarily as branding.

Public art contribution means the mandatory dollar amount a developer must expend on on-site artwork or pay to the city as an in-lieu fee, calculated as a percentage of the building valuation pursuant to section 90-1503.

Public construction project means any city-funded construction, renovation, or improvement project, including those involving public buildings or facilities, specifically excluding those projects already categorized under the formal capital improvement program.

Public place means an exterior area on public or private property that is clearly visible to the general public from adjacent public property, sidewalks, or public rights-of-way.

Qualified artist means a practitioner in the visual arts who:

(1) Is recognized by critics and peers as a professional artist of serious intent and ability, as evidenced by a consistent history of professional exhibitions, public commissions, or gallery representation; and

(2) Has demonstrated experience in the design, fabrication, and installation of permanent public art of a scale and complexity comparable to the proposed project.

This definition specifically excludes the developer, the developer's employees, or the project's lead architect or landscape architect.

(Ord. No. 2073, § 2, 3-24-26)

(a) Applicability. Except as otherwise provided in subsection (c) (exemptions), the requirements of this article shall apply citywide to the following:

(1) Private development. All new construction, additions, and substantial exterior rehabilitations for residential, commercial, industrial, and mixed-use projects.

(2) Public development. All city-initiated capital improvement projects (CIP) and public construction projects, as defined in section 90-1502.

(b) Thresholds and contribution rates. The public art contribution shall be calculated at the time of building permit issuance based on the building valuation as follows:

(1) New residential development (tracts and multi-family). For all new residential developments, including but not limited to apartments, condominiums, and two or more single-family dwellings constructed concurrently or sequentially within the same tract or by the same developer the contribution shall be 0.50 percent of the total building valuation.

(2) Non-residential and public development. For all commercial, industrial, office, mixed-use, and public construction projects, the contribution shall be 0.50 percent of the total building valuation.

(c) Exemptions. The requirements of this article shall not apply to the following:

(1) Single-lot single-family construction (individual builders). The construction of a single-family dwelling on an individual lot where the applicant is not a large-scale residential developer. This exemption is intended to exclude custom homes and individual residential construction projects built by or for individual homeowners, while retaining the requirements for tract developments and projects undertaken by production homebuilders.

(2) Individual single-family residential (rehabilitation or expansion). For the rehabilitation, renovation, or expansion of an existing single-family residence.

(3) Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

(4) Minor accessory structures. Construction of detached accessory structures with a floor area of less than 120 square feet (e.g. storage sheds, gazebos).

(5) Interior improvements. Tenant improvements or remodels that are strictly limited to the interior of a structure and do not involve any exterior architectural changes or modifications to the building envelope.

(6) Maintenance and repair. Ordinary maintenance, repair, or "like-for-like" replacement of existing building components that do not increase floor area or change the exterior design.

(7) Emergency work. Immediate repair or reconstruction of structures damaged by fire, flood, earthquake, or other natural disasters, provided such work is necessary to protect public health and safety and is limited to restoring the structure to its pre-disaster condition.

(8) Affordable housing. Projects where 100 percent of the residential units are deed-restricted for "lower income" households, as defined by the state department of housing and community development (HCD), for a period of no less than 55 years.

(9) Legal preemption. Any project where the imposition of the public art contribution is expressly preempted by state or federal law.

(d) Enforcement of compliance. Compliance with this section is a mandatory condition of project approval.

(1) Building permit issuance. No building permit shall be issued for any project subject to this article until the public art contribution has been calculated and the developer has either paid the in-lieu fee or provided the security required for an on-site artwork path under section 90-1506.

(2) Certificate of occupancy. No temporary or permanent certificate of occupancy (C of O) shall be issued, and no final building inspection shall be approved, until the administrator certifies in writing that all requirements of this article have been fully satisfied.

(3) Continuing violation. Failure to maintain on-site artwork as required by the recordable covenant (see section 90-1508) shall constitute a violation of this Code, subject to the remedies set forth in section 90-1512.

(Ord. No. 2073, § 2, 3-24-26)

To satisfy the public art contribution requirement, a developer must elect one of the following three compliance paths. This election must be made in writing at the time of the first discretionary permit application or, if no discretionary permit is required, prior to the submittal of building plans.

(1) On-site artwork (primary design standard). The developer may elect to design, fabricate, and install qualifying artwork on the project site or within the approved adjacent public right-of-way.

a. Procedural steps.

1. Step 1: concept review. Prior to the submittal of building permit applications, the developer shall submit a "preliminary art plan" to the administrator, detailing the proposed location, artist qualifications, and conceptual design.

2. Step 2: final art plan approval. Before a building permit is issued, the developer must obtain approval of a "final art plan," which shall include detailed structural engineering (stamped by a state-licensed engineer), a finalized budget, and a maintenance schedule.

3. Step 3: installation and inspection. The artwork must be installed and inspected for compliance with the final art plan prior to the request for a final building inspection.

4. Step 4: acceptance. Upon verified installation and recordation of the required maintenance covenant (section 90-1508), the administrator shall issue a "certificate of compliance."

b. Financial security. If a developer desires a building permit before the final art plan is approved, they must pay the full in-lieu fee as security. This fee shall be held by the city and refunded, without interest, only after the on-site artwork is accepted and the certificate of occupancy is issued.

(2) Donation of artwork to the city collection. In lieu of on-site installation, a developer may propose to purchase or commission an original work of art to be donated to the city for placement on public property.

a. Selection criteria. The proposed donation must be reviewed by the committee for:

1. Quality and provenance. The work must be an original work by a qualified artist.

2. Maintenance burden. The city shall not accept any donation that imposes an unreasonable or unfunded long-term conservation cost.

3. Siting. The city retains absolute discretion over the final placement of donated works.

4. Transfer of title. Title to the artwork must be transferred to the city via a formal bill of sale and VARA waiver, free and clear of all liens and encumbrances, prior to the issuance of a certificate of occupancy.

(3) In-lieu fee payment. The developer may elect to satisfy the public art contribution by paying a fee into the AIPP fund.

a. Calculation and timing. The fee is calculated based on the building valuation at the time of permit issuance. Payment must be made in full as a condition of building permit issuance.

b. Use of pooled funds. Fees paid into the AIPP fund may be pooled with other public art contributions to fund high-impact, publicly sited projects, cultural facilities, or the city's own "signature projects" (as defined in section 90-1501) regardless of their proximity to the developer's project site. Priority consideration may be given to mural projects along Florida Avenue and in the downtown area, and to projects that involve local community organizations.

c. Administration fee. A portion of the in-lieu fee, as set by city council resolution, may be allocated to cover the reasonable costs of administering the art in public places program.

(Ord. No. 2073, § 2, 3-24-26)

The specific dollar amounts, percentage rates, and administrative fee schedules necessary to implement the requirements of this article shall be established by city council resolution. The city council may, from time to time, amend such resolution to ensure that the public art contribution remains commensurate with the cost of providing cultural infrastructure and the impacts of development.

(Ord. No. 2073, § 2, 3-24-26)

(a) Calculation and collection of public art contribution.

(1) Timing of calculation. The public art contribution shall be calculated by the building official at the time of building permit application based on the building valuation defined in section 90-1502.

(2) Timing of payment. Except as provided in subsection (c) (deferral), the full public art contribution (in-lieu fee) shall be paid to the city prior to the issuance of any building permit for the development project.

(3) Condition precedent. Payment of the fee, or the provision of approved security under the on-site path, is a condition precedent to the issuance of a building permit.

(b) On-site compliance and refund mechanism. If a developer elects the on-site artwork path (section 90-1504(1)) but chooses to pay the in-lieu fee to allow the building permit to be issued immediately, the following refund procedure shall apply:

(1) Security deposit treatment. The paid in-lieu fee shall be held by the city as a cash security deposit to ensure the completion and installation of the artwork.

(2) Refund eligibility. The developer shall be eligible for a full refund of the security deposit, without interest, only after:

a. The administrator has issued a formal "acceptance of artwork" certificate;

b. The maintenance covenant and public access easement have been recorded; and

c. A permanent certificate of occupancy has been issued.

(3) Forfeiture. If the artwork is not installed and accepted within 180 days of the issuance of the certificate of occupancy, the security deposit shall be automatically transferred into the AIPP fund, and the project shall be deemed to have complied via the in-lieu fee path.

(c) Deferral of installation and financial security. In exceptional circumstances, the administrator may allow the issuance of a certificate of occupancy prior to the final installation of on-site artwork, provided the developer provides financial security to the city.

(1) Form of security. Security shall be in the form of a performance bond, an irrevocable letter of credit, or a cash deposit, in a form approved by the city attorney.

(2) Amount of security. The security shall be in an amount equal to 150 percent of the public art contribution. This increased amount is intended to cover inflationary costs of fabrication and city administrative overhead should the city be forced to complete the installation.

(3) Completion deadline. The artwork must be installed and accepted no later than 120 days following the issuance of the certificate of occupancy. Failure to meet this deadline shall authorize the city to draw upon the security to fund a comparable public art project elsewhere in the city.

(d) Enforcement holds and remedies. The city shall utilize the following "stop points" to ensure strict compliance:

(1) Inspection holds. The building official shall withhold "final inspection" approval for any project that has not satisfied the requirements of this article.

(2) Certificate of occupancy holds. No temporary or permanent certificate of occupancy shall be issued for any portion of a development project until the administrator certifies that the public art contribution has been satisfied.

(3) Permit revocation. Non-compliance with the terms of an approved art plan or a recorded maintenance covenant shall be grounds for the revocation of any related land-use permits or business licenses.

(Ord. No. 2073, § 2, 3-24-26)

(a) Establishment of fund. All in-lieu fees and public art contributions collected pursuant to this article shall be deposited into the art in public places (AIPP) fund. This fund shall be a segregated, interest-bearing account, and all interest earned shall accrue to the benefit of the program.

(b) Eligible expenditures. Monies in the AIPP fund shall be expended solely for the following "capital-eligible" and "programming" purposes:

(1) Public art projects. The design, acquisition, fabrication, and installation of artwork on city-owned property or within the public right-of-way, including murals, sculptures, and small scale community art projects such as painted utility boxes, fire hydrants, and similar public amenities. Priority consideration may be given to mural projects along Florida Avenue and in the downtown area.

(2) Site preparation. Capital-eligible site work directly required for the installation of artwork, including but not limited to specialized lighting, structural pads, landscaping integral to the art, and seismic anchoring.

(3) Conservation and maintenance. The repair, cleaning, and professional conservation of artworks within the city's permanent collection to ensure their long-term structural and aesthetic integrity, including anti-vandalism treatments and protective coatings.

(4) Cultural programming and civic events. A portion of the annual AIPP fund revenue, not to exceed 15 percent, may be used for city-sponsored temporary art installations, "civic arts events" (e.g. chalk art or sand art festivals), and art competitions designed to foster community engagement and public participation in the arts.

(5) Administrative costs. A portion of the AIPP fund, not to exceed ten percent, may be used to cover the city's reasonable costs in administering the program, including staff time, consultant fees for technical reviews, and the development of administrative guidelines.

(6) Community engagement. Expenses related to public outreach, calls for artists, and community unveiling events specifically related to new installations funded by the program. Priority consideration may be given to providing local community organizations with opportunities for artist selection and mural installation.

(c) Pooling and geographic flexibility.

(1) Pooling of funds. The city may pool public art contributions from multiple development projects to fund larger, higher impact "signature projects" or to acquire significant works for the city's permanent collection.

(2) Off-site expenditures. In accordance with the legislative findings in section 90-1501, the city is not required to spend an in-lieu fee within the immediate vicinity of the project that generated it. Funds may be spent at any location within the city where the administrator determines that the placement of public art will provide the greatest community-wide cultural benefit.

(d) Prohibitions.

(1) Self-funding prohibited. No portion of a developer's in-lieu fee may be used to purchase or fund the specific artwork required for that developer's own project.

(2) Non-art infrastructure. Funds shall not be used for general city infrastructure, routine park maintenance, or architectural features that do not meet the definition of "artwork" under section 90-1502.

(3) Operation and salaries. Except for the designated administrative percentage, funds shall not be used for general city operating expenses or permanent city staff salaries.

(Ord. No. 2073, § 2, 3-24-26)

(a) Eligible artwork components. To qualify as artwork under this article, the proposed work must be a permanent, original work of art created by a qualified artist that possesses a high level of artistic quality and craftsmanship. Eligible components include, but are not limited to:

(1) Sculpture. Three-dimensional works in any durable material or combination of materials (e.g. stone, metal, glass, or plastic).

(2) Murals. Two-dimensional works applied directly to or integrated into an exterior wall surface, including mosaics and fresco. Priority consideration may be given to mural projects along Florida Avenue and in the downtown area, and to murals created by or in partnership with local community organizations.

(3) Integrated amenities. Artist-designed elements that serve a functional purpose but are unique and site-specific, such as streetscape furniture, paving patterns, artist-designed lighting, wayfinding, water features, and landscape art.

(4) Media and light works. Installations utilizing light, sound, or digital media, provided they are designed for permanent exterior installation and are not primarily commercial in nature. Such installations should be located appropriately based on the surrounding context, with careful consideration given to placement in high-traffic areas versus parks or lower-traffic locations.

(5) Small-scale community projects. Painted utility boxes, fire hydrants, traffic signal cabinets, and similar public infrastructure elements that are transformed into works of art by qualified artists or through community art programs.

(b) Ineligible components and "loophole" exclusions. The following items do not satisfy the public art contribution requirement:

(1) Mass-produced objects. "Off-the-shelf" items, reproductions of original works, or garden-variety ornaments not created by a qualified artist specifically for the project.

(2) Standard architectural/landscape features. Features that are part of the project's routine architectural design or required landscaping (e.g. standard decorative cornices, pavers, or trees), unless they are demonstrably the work of a qualified artist and exceed standard design requirements.

(3) Commercial branding. Any element that includes logos, trademarks, branding, or "supergraphics" used for commercial advertising or directional purposes.

(4) Incompatible materials. Works created with materials prone to rapid deterioration or that require an unreasonable level of maintenance (e.g., non-galvanized metals in coastal environments or non-UV-rated plastics).

(c) Location and siting standards.

(1) Visibility. Artwork must be located in a public place (as defined in section 90-1502). It must be clearly visible and, where appropriate, accessible to the general public from the adjacent public right-of-way or public property.

(2) Safety and clearance. Artwork shall not:

a. Interfere with traffic safety "sight distance" triangles;

b. Obstruct the "path of travel" as defined by the Americans with Disabilities Act (ADA); or

c. Interfere with the operation or maintenance of public or private utilities.

d. Context-appropriate placement. The location of artwork shall be appropriate to the type of installation and surrounding context. For example:

1. Installations utilizing hologram art, digital media, or other visually dynamic or potentially distracting elements should be located away from high-traffic streets and arterials, and instead sited in parks, plazas, or lower-traffic pedestrian areas where they can be safely appreciated;

2. Large-scale or monumental works should be located where they can be viewed from appropriate distances without creating visual clutter or traffic hazards.

3. Materials appropriate to location. All artwork shall be constructed of materials appropriate to the specific site conditions and environmental context, including but not limited to:

(i) In areas designated as high or very high fire severity zones, artwork shall be constructed of non-flammable or fire-resistant materials.

(ii) In areas subject to high winds, seismic activity, or extreme weather, artwork shall be engineered and anchored to withstand such conditions.

(iii) All materials shall be UV-resistant and suitable for prolonged outdoor exposure in Southern California's climate.

4. For properties located within the scenic highway overlay district or subject to scenic highway corridor setback requirements, public art installations shall be incorporated into the overall site design in a manner that enhances the scenic character of the corridor. Such installations shall be reviewed for compatibility with adopted scenic corridor design guidelines and shall not detract from natural viewsheds or create visual clutter.

5. Lighting. All artwork must be provided with dedicated, artist-integrated lighting to ensure visibility during evening hours, unless the administrator determines lighting is inappropriate for the specific medium.

(d) Ownership, easements, and maintenance.

(1) Ownership and transfer. Artwork installed on private property shall be the property of the developer or subsequent property owner. Ownership and the obligation to maintain the artwork shall automatically transfer with the title to the real property.

(2) Recorded maintenance covenant and easement. Prior to the issuance of a certificate of occupancy, the property owner shall execute and record a maintenance covenant and public art access easement, in a form approved by the city attorney. This document shall:

a. Grant the city a perpetual easement for public viewing of the artwork;

b. Obligate the property owner to clean, repair, and maintain the artwork in its original approved condition against deterioration resulting from normal wear and tear, the owner's own actions or neglect, or the owner's failure to perform routine maintenance. The owner shall not be required to repair or replace artwork that is damaged or destroyed by vandalism, acts of God, or the intentional or negligent acts of third parties, provided that the owner was not at fault and had complied with all routine maintenance obligations; and

c. Grant the city the right (but not the obligation) to enter the property to perform necessary repairs if the owner fails to do so, with the costs thereof becoming a lien upon the property.

(3) VARA and CAPA compliance. The property owner shall be responsible for ensuring that all contracts with qualified artists include appropriate waivers of "moral rights" under the Visual Artists Rights Act (VARA) and the California Art Preservation Act (CAPA) to allow for the City-sanctioned relocation or removal of the work if it becomes a threat to public safety.

(e) Removal or alteration.

(1) City approval required. Once accepted and installed, no artwork may be removed, relocated, or materially altered without the prior written approval of the city council.

(2) Remedy for unauthorized removal. If an artwork is removed or destroyed without city authorization, the property owner shall be required to:

a. Replace the artwork with a piece of equal or greater valuation, as approved by the committee; or

b. Pay an amount to the AIPP fund equal to the original public art contribution plus an inflationary adjustment based on the CPI.

c. The owner shall not be required to replace artwork that is stolen, provided that the owner had complied with all reasonable obligations to protect the artwork.

(e) Decennial review and deaccessioning. To ensure that artwork remains compatible with the evolving site context, architectural standards, and the city's long-term aesthetic goals, the property owner may request a formal review of the artwork's status.

(1) Timing of request. No such request shall be accepted or processed until the property owner has paid an application fee, if any, set by council resolution and at least ten years have elapsed from the date of the issuance of the original certificate of compliance for the artwork. Following this initial ten-year period, the property owner may submit a request for review at any time, provided that no more than one such request may be filed for the same artwork within any 12-month period.

(2) Standards for removal or relocation. The city council may authorize the removal or relocation of the artwork if the property owner demonstrates that:

a. The artwork has reached the end of its functional life or requires significant repairs;

b. The redevelopment or substantial remodeling of the project site renders the current location of the artwork physically or aesthetically untenable; or

c. The city council may, in the exercise of its legislative and aesthetic discretion, authorize the removal or relocation of the artwork if it finds that the work is no longer compatible with the city's desired community character, the evolving architectural identity of the project site, or the visual environment of the surrounding neighborhood.

Such a finding may be based on the council's subjective evaluation of the artwork's ongoing contribution to the public realm and its harmony with the current aesthetic goals of the community, regardless of whether the artwork violates any specific or codified design standard.

(Ord. No. 2073, § 2, 3-24-26)

(a) Public art plan requirements. For all projects electing the on-site compliance path, the developer must submit a comprehensive public art plan to the administrator. The plan shall be submitted in two phases (preliminary and final) to ensure coordination with the project's overall design. The public art plan shall include, at a minimum:

(1) Artist qualifications. A resume and portfolio of the qualified artist, demonstrating experience with projects of similar scale and complexity.

(2) Conceptual design. Schematic drawings, 3D renderings, or models showing the scale, color, and materials of the proposed artwork. Where appropriate, the design should reflect or complement the history, heritage, and cultural character of the San Jacinto Valley.

(3) Site plan. A detailed site plan showing the exact location of the artwork, including visibility from the public right-of-way, proposed lighting, and landscaping. The site plan shall demonstrate compliance with siting standards in section 90-1508(c), including context-appropriate placement and materials appropriate to location.

(4) Budget verification. A certified budget prepared by the artist or developer, including artist fees, fabrication costs, transportation, installation, and specialized insurance.

(5) Technical specifications. A description of the materials used, focusing on durability, UV resistance, and anti-graffiti coatings.

(6) Structural integrity. For sculptures or large-scale works, preliminary structural calculations or a letter from a California-licensed structural engineer confirming the feasibility of the installation.

(7) Maintenance plan. A detailed schedule for routine cleaning and professional conservation, including anti-vandalism measures.

(b) Review and approval authority.

(1) Administrative review. The administrator shall review the public art plan for technical compliance with this article, including safety, siting, materials appropriate to location, and artist qualifications.

(2) Committee review (planning commission). The planning commission, acting as the art in public places committee, shall review the proposed public art plan for aesthetic compatibility with the surrounding environment and consistency with the city's design goals and general plan, and appropriateness to the cultural character of the community. The committee's review shall be advisory to the city council.

(3) Final approval.

a. Minor on-site projects. for projects where the public art contribution is less than $50,000.00, the administrator is authorized to issue final approval.

b. Major on-site projects. For projects where the public art contribution exceeds $50,000.00, the city council, after receiving a recommendation from the planning commission, shall have final approval authority.

(4) Standard of review. Review shall be conducted in a content-neutral manner, focusing on the quality of materials, scale, professionalism of the artist, and consistency with the city's aesthetic and cultural goals rather than the artistic message or viewpoint.

(c) Process coordination. To avoid development delays, the public art review process shall run concurrently with the standard entitlement and design review process.

(1) Preliminary plan. Should be submitted with the initial application for a discretionary permit or design review.

(2) Final plan. Must be approved prior to the submittal of construction documents for a building permit.

(3) Modifications. Any material change to an approved public art plan (e.g. change in artist, material, or location) requires a formal amendment approved by the administrator.

(d) Selection methods. The developer may utilize any of the following selection methods, provided the process results in the selection of a qualified artist as defined in section 90-1502:

(1) Open competition. A public call for portfolios or proposals.

(2) Limited invitational. Soliciting proposals from a pre-selected list of professional artists.

(3) Direct purchase. The purchase of an existing, original work of art (e.g. from a gallery or studio), provided it meets the site-specific and durability requirements of this article.

(4) Community partnership. Partnership with local community organizations for artist selection and artwork installation. The city may give priority consideration to proposals that involve local community organizations in the selection and creation process.

(Ord. No. 2073, § 2, 3-24-26)

(a) Alternative compliance methods. The administrator or city council may authorize an alternative compliance method if the developer demonstrates that on-site installation is technically infeasible or that an alternative provides a superior community benefit. Authorized alternatives include:

(1) Off-site installation. Installation of artwork on a city-approved site within the public right-of-way or on other public property within the city. The developer shall remain responsible for all costs of design, fabrication, and installation, as well as a pre-paid maintenance endowment if the city assumes ownership.

(2) Cultural facility improvements. The construction of, or significant capital contribution to, a permanent cultural facility (e.g. a gallery, theater, or museum space) that is open and accessible to the general public. Such facility must be of equal or greater value than the required public art contribution.

(3) Restricted donation. A donation to the city's permanent art collection of a pre-existing work of significant historical or cultural value, subject to the review and acceptance criteria set forth in section 90-1504.

(b) Constitutional waiver and adjustment.

(1) Application for relief. An applicant for a development project may apply for a waiver, reduction, or adjustment of the requirements of this article. Such application must be submitted in writing concurrently with the project's initial land-use application.

(2) Standard for granting relief. The city council may grant a waiver or adjustment only if the applicant demonstrates, by a preponderance of the evidence, that the application of the requirements of this article would:

a. Result in a "taking" of property without just compensation under the Fifth and Fourteenth Amendments to the United States Constitution or article I, section 19, of the state constitution;

b. Lack an essential nexus between the requirement and the project's impact; or

c. Not be roughly proportional in nature and extent to the impact of the proposed development.

(3) Administrative record and findings. The city council's decision shall be based on a written record and shall include specific findings of fact. If the council determines that the requirement is unconstitutional as applied, it shall provide for a narrowly tailored adjustment to the requirement (e.g. a reduced fee or modified on-site requirement) to the extent necessary to achieve constitutional proportionality.

(4) Burden of proof. In any administrative or legal proceeding, the burden of proving that the requirement lacks a nexus or is disproportionate shall rest solely with the applicant.

(Ord. No. 2073, § 2, 3-24-26)

(a) Right to appeal. Any person aggrieved by a final administrative decision, determination, or requirement issued by the administrator or the building official pursuant to this article, including but not limited to the calculation of the building valuation, the denial of a public art plan, or the determination of qualified artist status, may appeal such decision in accordance with the procedures set forth in this section.

(b) Filing and timing.

(1) Written appeal required. An appeal must be filed in writing with the city clerk within ten calendar days of the date of the decision being appealed.

(2) Specific grounds. The appeal must state the specific grounds for the appeal and the specific error or abuse of discretion alleged to have been committed by the administrator.

(3) Appeals fee. The appeal shall be accompanied by an appeal fee in an amount established by city council resolution to cover the city's cost of processing and hearing the appeal.

(c) Appellate body and hearing.

(1) First level of appeal. Appeals of administrative decisions shall be heard by the planning commission. The hearing shall be scheduled within 45 days of the filing of a complete appeal application.

(2) Standard of review. The planning commission shall review the matter de novo, but shall limit its review to the requirements and standards set forth in this article and any adopted administrative guidelines.

(3) Notice of decision. The planning commission shall issue a written decision within 30 days of the conclusion of the hearing, which shall be mailed to the appellant.

(d) Final appeal to city council.

(1) Eligibility. A decision of the planning commission may be appealed to the city council by filing a written notice of appeal with the city clerk within ten calendar days of the planning commission's written decision.

(2) Council action. The city council may elect to:

a. Affirm, reverse, or modify the decision of the planning commission; or

b. Remand the matter back to the planning commission or administrator for further proceedings.

(3) Finality. The decision of the city council shall be final and shall be the city's final administrative action for purposes of judicial review.

(e) Stay of proceedings. The filing of a timely appeal shall stay all further proceedings in furtherance of the action appealed, including the issuance of building permits or certificates of occupancy, unless the administrator certifies to the appellate body that a stay would cause imminent peril to life or property.

(Ord. No. 2073, § 2, 3-24-26)

(a) Violations.

(1) Non-compliance. It shall be unlawful for any developer, property owner, or person to fail to comply with any requirement, condition of approval, or standard set forth in this article. Each day that a violation continues shall constitute a separate and distinct offense.

(2) Public nuisance. Any artwork installed, maintained, or removed in violation of this article is hereby declared to be a public nuisance, subject to abatement in accordance with the procedures set forth in article II of chapter 1 of this Code.

(b) Administrative and legal remedies. The city shall have the authority to utilize any one or a combination of the following remedies to ensure compliance:

(1) Permit and inspection holds. The administrator or building official shall withhold the issuance of building permits, the approval of any interim or final inspections, and the issuance of any temporary or permanent certificate of occupancy for any project in a state of non-compliance.

(2) Draw on security. If a developer fails to install approved artwork or pay the in-lieu fee within the timelines established in section 90-1506, the city shall have the immediate right to draw upon any performance bond, letter of credit, or cash deposit to satisfy the public art contribution.

(3) Specific performance. The city may seek an injunction or order for specific performance in a court of competent jurisdiction to compel the installation, repair, or restoration of artwork as required by an approved art plan or recorded maintenance covenant.

(4) Administrative citations. Violations may be addressed through the city's administrative citation process, with fines increasing for subsequent offenses as established by city council resolution.

(5) Cost recovery and liens. The city shall be entitled to recover all costs associated with the enforcement of this article, including staff time, expert consultant fees, and legal fees. If the city performs "self-help" repairs on artwork pursuant to a recorded easement, such costs shall be recorded as a lien or special assessment against the real property.

(c) Protection of public art (criminal and civil penalties).

(1) Prohibited acts. It shall be unlawful for any person to intentionally deface, vandalize, alter, damage, or remove any artwork installed pursuant to this article, whether on public or private property, without prior written authorization from the city.

(2) Penalties.

a. Criminal prosecution. Any person who violates this subsection may be charged with a misdemeanor, punishable by a fine and/or imprisonment as set forth in Penal Code § 594 et seq.

b. Administrative fine. In addition to criminal penalties, the city may issue an administrative citation for the maximum amount allowed by law.

c. Mandatory restitution. Any person found to have vandalized or damaged artwork shall be required to pay full restitution to the city (for public works) or the property owner (for private works). Restitution shall include the actual cost of professional restoration by a conservator approved by the city, or the full replacement value of the work if restoration is technically infeasible.

d. Property owner responsibility. If, artwork on private property is damaged by vandalism, acts of God, or third-party actions, the property owner shall not be required to repair or replace the artwork, provided the owner was not at fault and had complied with all routine maintenance obligations under the maintenance covenant. However, if damaged artwork poses a safety hazard or visual blight, the owner shall remove the damaged artwork within 30 days of receiving written notice from the city. If the damage resulted from the owner's own actions, neglect, or failure to perform required maintenance, the city may treat the failure to repair as a violation of the maintenance covenant and proceed with the remedies set forth in subsection (b) above. Upon removal of artwork damaged by vandalism, acts of God, or third parties (where the owner was not at fault), the owner may elect to:

1. Replace the artwork with a new installation of comparable value subject to city approval;

2. Pay the current in-lieu fee into the AIPP fund; or

3. Request termination of the maintenance covenant, subject to city council approval.

(Ord. No. 2073, § 2, 3-24-26)

(a) Authority to adopt guidelines. The administrator is hereby authorized to develop, adopt, and periodically amend "Art in Public Places Administrative Guidelines" (the "guidelines") to provide detailed procedural and technical standards for the implementation of this article. The guidelines shall be consistent with the purposes and requirements of this article and shall be maintained on file in the department of community development and on the city's website for public inspection.

(b) Scope of guidelines. The guidelines may include, but are not limited to, the following:

(1) Artist qualification standards. Criteria for determining "qualified artist" status, including requirements for professional resumes, portfolios, and references to ensure a high standard of craftsmanship.

(2) Selection methodologies. Procedural templates for conducting open competitions, limited invitationals, and direct purchases and community partnership programs. Guidelines may include procedures for prioritizing local community organizations for mural installations and artist selection opportunities.

(3) Design and technical standards.

a. Specific requirements for material durability, UV resistance, fire-resistance and anti-graffiti treatments tailored to the local Southern California climate and specific site conditions;

b. Standard engineering requirements for foundations, seismic anchoring, and structural wind-load calculations;

c. Siting, lighting, and "sight-distance" safety standards;

d. Context-appropriate placement standards for different types of artwork (e.g. hologram art, digital media, monumental sculptures);

e. Materials appropriate to location, including requirements for non-flammable materials in high fire severity zones and materials suited to scenic highway corridors.

(4) Application and submittal forms. Standardized forms for the preliminary and final art plans, art path election, and artist/developer contracts.

(5) Valuation verification procedures. Detailed protocols for the building official and administrator to audit construction budgets and verify the accuracy of the building valuation used to calculate the public art contribution.

(6) Conservation and maintenance standards. Minimum standards for routine maintenance and professional conservation to be included in the recordable maintenance covenant, including anti-vandalism measures and protective treatments.

(7) Deaccessioning policy. Standards and procedures for the city's removal, relocation, or disposal of artwork within the city's permanent collection that has become damaged, hazardous, or no longer compatible with its site.

(8) Community engagement procedures. Guidelines for providing local community organizations with priority consideration for mural projects and artist selection, and procedures for implementing youth programs such as high school mural programs.

(9) Cultural heritage and aspirations theme criteria. Guidelines to assist artists and developers in creating artwork that reflects the history, heritage, and cultural character of the San Jacinto Valley and is consistent with the city's general plan.

(c) Legal effect. The guidelines shall serve as a supplemental regulatory document. A developer's failure to comply with the mandatory provisions of the adopted guidelines shall constitute a violation of this article and shall be grounds for the withholding of permits or certificates of occupancy.

(d) Amendments. The administrator may amend the guidelines as necessary to reflect evolving industry standards for public art or changes in building and safety codes. Any amendment that significantly alters the financial obligation of developers shall be presented to the city council for review.

(Ord. No. 2073, § 2, 3-24-26)