§ 19.21

This Division sets forth requirements for art to enrich the lives of residents and visitors, create a unique sense of place and enhance the attractiveness and quality of life within the community. Art helps make our City more livable and more visually stimulating. The experience of art makes the public areas of buildings and their

grounds more welcoming, and it creates a deeper interaction with the places we visit and in which we work and live.

To achieve these goals, art should be integrated into project planning at the earliest possible stage. If providing art is required instead of paying an in-lieu fee, an artist should become a member of the project's design team early in the design process.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.21.020 - Definitions.

As Used in this Division:

A.

"Art" shall mean, but is not limited to, all paintings, murals, inscriptions, stained glass, fiber work, statues, reliefs, or other sculpture, monuments, fountains, arches, or other structure intended for ornament, commemoration, or display. Carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints and work in clay, fiber, wood, metal, glass, plastics and other materials are also included. Landscape items including the artistic placement of natural materials or other functional art objects may be included. Works of art may be portable as well as permanent.

B.

"Construction Cost" shall be determined by the Chief Building Official in accordance with the most recent building valuation data published by the International Code Council for use as provided in Section 223 of the California Building Code.

C.

"Construction" or "Alteration" shall mean the construction of a new residential dwelling unit(s) or the construction of a new nonresidential structure(s) or the rehabilitation, renovation, remodeling or improvement resulting in an increase of the gross square footage of an existing non-residential building.

D.

"Art Project" shall mean the development, acquisition, and installation of the art required by this Division.

E.

"Residential Development" shall mean all residential development of five (5) or more units.

F.

"Nonresidential" shall mean every land use other than a residential development, including a mixed-use project with residential units.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

This division shall apply to all new residential developments of five or more units and construction or alteration of nonresidential structures. This division shall not apply to accessory dwelling units and renovations, remodels or additions to existing residences, the residential portion of a mixed use project when four (4) or fewer units are proposed, or affordable housing components of residential and mixed-use projects.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Construction or alteration of a nonresidential building shall require that an Art Project be installed and maintained as part of the project. The Art Project shall have a value of not less than one-third of one percent of the construction cost of the completed development project.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Construction of a residential development shall require that an Art Project be installed and maintained as part of the project. The Art Project shall have a value of not less than one-third of one percent of the construction cost of the completed development project.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Design Review. An Art Project proposed to satisfy the requirements of this Division shall be subject to Design Review for approval of the scale and location of the proposed Art.

B.

Recreation, Cultural and Community Services Advisory Commission. Art proposed to satisfy the requirements of this Division which is to be located on public property shall be referred to the City's Recreation, Cultural & Community Services Advisory Commission for consideration as to context, scale, artistic quality, media, permanence, durability, and for public safety. The Commission shall provide a recommendation to the Review Authority who will take final action on the Art Project.

C.

Design Review Commission. Art proposed to satisfy the requirements of this Division which is to be located on private property shall be reviewed by the City's Design Review Commission in conjunction with the Design Review of the structure or site where the Art is proposed to be located. The Design Review Commission shall provide a recommendation to the Review Authority, and shall consider the context, scale, artistic quality, media, permanence, durability, and for public safety and relationship to the building or site where the Art is proposed to be located. The Design Review Commission may request review and recommendation from the Recreation, Cultural & Community Services Advisory Commission where warranted.

D.

Location. Art shall be displayed in a manner that will enhance its enjoyment by the general public. Art may be located (1) in areas on the site of the building or addition clearly visible from the public street or sidewalk, or (2) on the site of the approved open space feature of the project, or (3) on adjacent public property upon the approval of any relevant public agency, (4) in a publicly accessible lobby area of an office building or hotel, (5) public park, (6) entry to residential development, (7) common area of a residential development, (8) or as otherwise determined appropriate by the Design Review Authority.

E.

Timing of Installation. Art shall be installed prior to the issuance of the first certificate of occupancy provided for any building in non-residential development or residence in a residential development. However, if the Community Development Director concludes that it is not feasible to install the works of art within the time allotted and adequate assurance (which the Director may require to be in the form of a letter of credit or bond) is provided that the works will be installed in a timely manner, the Community Development Director may extend the time for installation for a period of not more than 12 months.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

The Director of Parks, Recreation and Community Services (DPRCS) may allow payment of an in-lieu fee for all or a portion of the art requirement if the DPRCS finds that the location, siting or scale makes the provision of art inappropriate or infeasible, or whether for other reasons, the DPRCS agrees with the developer's request not to integrate an art element into the project. The in-lieu fee shall be calculated in the following manner:

1.

Nonresidential Development. A fee equal to one-half of one percent of the construction cost, or the difference between the cost of the art installed and one-half of one percent of the development's construction cost. The fee shall be paid prior to the issuance of a building permit for a nonresidential development.

2.

Residential Development. A fee equal to one-third of one percent of the construction cost, or the difference between the cost of art installed and one-third of one percent of the construction cost. The fee shall be paid prior to the issuance of the first certificate of occupancy in a residential development.

3.

In-lieu Fees Shall be Placed in an Art Fund to be Administered by the City. In-lieu fees collected by the City shall be used for City-owned art or City-sponsored exhibitions. The fund shall be used exclusively to (1) provide sites for works of art, (2) acquire and install works of art, (3) maintain works of art, or (4) support the exhibition of art which is publicly accessible.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.21.080 - Maintenance and Removal, and Replacement of Works of Art.

The owner of the real property on which art is located shall maintain the art installed pursuant to this Division. No work of art may be removed unless a replacement work of art is approved pursuant to the procedures in Section 19.21. Artwork that has been damaged, destroyed, or stolen shall be replaced by the owner in compliance with this Division.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.22 - GENERAL PERFORMANCE STANDARDS