Petaluma Municipal Code Ch. 18 Public Art

Sections:

18.010 Purpose.

18.020 Authority.

18.030 De8nitions.

18.040 Duty to Provide Public Art and/or Pay Art in Lieu Fee.

18.050 Applicability.

18.060 Exemptions.

18.070 Zoning Districts in which Public Art and/or Payment of the Public in Lieu Fee is

Required.

18.080 Voluntary Participation in Public Art Program for Residential Projects of 50 Units

or More.

18.090 Minimum Cost of Public Art/Public Art in Lieu Amount.

18.100 Location of Public Art.

18.110 Eligible Artists.

18.120 Public Art Requirements.

18.130 Veri8cation of Compliance with this Chapter Prior to Issuance of Building Permit.

18.140 Satisfaction of Public Art Requirements – Appeal.

18.150 Veri8cation of Compliance with this Chapter Prior to Issuance of Certi8cate of

Occupancy – Proof of Installation.

18.160 Title to Public Art.

18.170 Replacement of Public Art.

18.180 Public Art Committee.

18.190 Public Art Fund.

18.200 City Council Review of this Chapter and the Public Art Program.

A. The purpose of this chapter is to require the integration of public art into private and public development

projects, and to authorize the establishment of guidelines, procedures and standards for the integration of public

art into such development projects.

B. Public art helps make cities more livable and more visually stimulating. The experience of public art makes

the public areas of buildings and their grounds more welcoming. It creates a deeper interaction with the places people visit, and in which people work and live. Public art illuminates the history of a community while it points to

the city's aspirations for the future. A city rich in art encourages cultural tourism which brings in visitor revenues.

C. To achieve these goals, public art planning should be integrated into development project planning at the

earliest possible stage, and artists selected should become a member of a development project's design team

early in the design process.

In adopting this chapter, the city is relying on its police power pursuant to Article II, section 5 and 7, of the

California Constitution. In accordance with the case of Erlich v. City of Culver City (1996) 12 Cal.4th 854, the

requirement to provide public art and/or pay a public art in lieu fee in accordance with this chapter is akin to

traditional land-use regulations imposing design conditions, and a valid exercise of the city’s traditional police

power. The requirements of this chapter, including the requirement concerning providing public art in a location

reasonably accessible to the public, like other design and landscaping requirements, are aesthetic controls within

the city’s authority.

A. Artist. A practicing professional artist or group of artists skilled in the design and/or creative production of

aesthetic objects, with qualiHcations recognized by peers and/or evidenced through a record of exhibitions, public

commissions, sale of works and educational attainment.

B. Construction cost. The total construction cost of a development project as determined by the Community

Development Director from building permit application(s), or the total cost of the above-ground elements of a

park or public works project, except as speciHed in section 18.060. Construction cost is calculated using all relevant

building permit applications, including, but not limited to, all grading, building, plumbing, mechanical, site

improvement, parking lot, lighting, and electrical permit applications for a development projects, but excludes

costs solely attributable to interior tenant improvements.

C. Construction or reconstruction. The construction or the rehabilitation, renovation, remodeling or improvement

of a building, park, or other improvement subject to the requirements of this chapter

D. Private construction project. Any privately funded non-residential construction or reconstruction subject to the

requirements of this chapter.

E. Public art. Original works of art that meet the requirements of section 18.120, including, but not limited to,

sculpture, murals, photography and original works of graphic art, water features, neon, glass, mosaics, or any

combination of media. Public art may include furnishings or Hxtures, permanently aJxed to buildings or building

grounds, including but not limited to, works Hxed to or comprising gates, walls, railings, street lights walkways or

seating, so long as they are created by an artist and otherwise meet the requirements of section 18.120. Public art may also include architectural features of a building, and artistic or aesthetic elements of overall building

architecture or landscape design if created by an artist, so long as such features or elements otherwise meet the

requirements of section 18.120. Public art for purposes of this chapter excludes:

1. Objects that are mass- produced or not unique to a particular development project;

2. Decorative or functional elements or architectural details, unless designed by an artist and otherwise

meeting the requirements of section 18.120;

3. Landscape architecture and landscape gardening unless designed by the artist and otherwise meeting

the requirements of section 18.120;

4. Directional elements such as super graphics, signage, or color coding unless designed by an artist and an

integral part of public art that otherwise meets the requirements of section 18.120;

5. Logos or expressions of corporate identity that do not otherwise satisfy the deHnition of public art in

accordance with this section and the requirements of section 18.120.

F. Public Art Committee. The committee established pursuant to section 18.180 to perform the duties required

pursuant to this chapter and any ordinance or resolution of the City Council pertaining to the city’s public art

program. The Public Art Committee is also referred to in this chapter as the Petaluma Public Art Committee or

PPAC.

G. Public art in-lieu fee. The fee required to be paid to the city pursuant to this chapter equal to one percent of

the construction cost as deHned in this section in lieu of providing public art for public or private construction as

otherwise required pursuant to the requirements of this chapter.

H. Public art cost. The cost of providing public art in accordance with the requirements of this chapter. Such cost

may include, but is not limited to, the design, development, acquisition, execution and installation of public art,

and includes the cost of administering the city’s public art program, but shall not include maintenance costs.

I. Public art fund. The account established pursuant to section 18.190 containing public art in lieu fees collected

pursuant to this chapter and other contributions to the city’s public art program for use for the limited purposes

speciHed in section 18.190.

J. Public construction project. Any publicly-funded construction or reconstruction subject to the requirements of

this chapter.

K. Visual art professional. Any of the following: professional artist in any medium, art curators, art critics, art

historians, arts educators, architects or other design professionals with a visual arts background, and Hne arts

collectors.

Developers and/or owners of public and private construction projects to which this chapter applies in accordance

with section 18.050 must provide public art that meets the requirements of section 18.120 and/or pay the art in

lieu fee as deHned in section 18.030 in accordance with section 18.090 and this chapter, and demonstrate

compliance with the requirements of this chapter in accordance with section 18.140 and 18.150.

The provisions of this chapter apply to all public construction projects and non-residential private construction

projects with a construction cost of $500,000 or more, (including private mixed-use construction projects that

include residential development, as long as the non-residential development in the mixed-use project has a

construction cost of $500,000 or more), that will be constructed in any of the zoning districts speciHed in section

18.070, except those construction projects that are exempt from the requirements of this chapter in accordance

with section 18.060.

The requirements of this chapter do not apply to the following:

A. Underground public works projects;

B. Street or sidewalk repair, construction, or reconstruction;

C. Tree planting;

D. Remodeling, repair or reconstruction of structures which have been damaged by Hre, Iood, wind, earthquake

or other calamity;

E. AKordable housing construction, remodel, repair or reconstruction projects;

F. Seismic retroHt projects as deHned by Chapter 17.34 of the Petaluma Municipal Code;

G. Construction, remodel, repair or reconstruction of structures owned and occupied by public-serving social

service and non-proHt agencies;

H. Utility pump stations and reservoirs; and

I. Fire sprinkler installation projects as deHned by Section 17.20.070 of the Petaluma Municipal Code.

Lieu Fee is Required.

Public construction projects and non-residential private construction projects located in any of the following

zoning districts are subject to the requirement to provide public art and/or pay an art in-lieu fee in accordance

with section 18.040 of this chapter:

A. Mixed Use (MU1A, MU1B, MU1C, and MU2).

B. Commercial 1 (C1).

C. Commercial 2 (C2).

D. Industrial (I).

E. Business Park (BP).

F. Planned Unit District (PUD) and Planned Community District (PCD), except residential PUD's and PCD's; but

including mixed use.

G. T-5 and T-6 Zones, as established by the Central Petaluma SpeciHc Plan Smart Code, except projects that are

entirely residential, but including mixed use.

H. Any City Zoning District for any public construction project as deHned by this chapter.

Projects of 50 Units or More.

Applicants for any private residential construction project of 50 units or more, as permitted in any applicable

zoning district, are strongly encouraged to voluntarily participate in the public art program by following the

procedures set forth in this chapter.

Public Art provided in accordance with this chapter must have a public art cost of not less than one percent of the

construction cost for a private or public construction project subject to this chapter, except as provided in this

section. The public art in lieu fee that applies to private or public construction projects subject to his chapter shall

be equal to one percent of the construction cost for the private or public construction project. If public art

proposed for a private or public construction project subject to this chapter has a public art cost of less than one

percent of the construction cost, and the public art otherwise meets the requirements of this chapter, the

developer and/or owner of the private or public construction project must pay a public art in lieu fee equal to the

diKerence between the public art cost and one percent of the construction cost.

Public art provided in accordance with this chapter must be displayed in a manner that will enhance the general

public’s enjoyment of the public art, and must be located either: (1) in areas on the site of the private or public

construction project clearly visible from the public right-of-way, or (2) on the site of an approved open space

feature of the private or public construction project, or (3) upon the approval of the authorized public agency or

agencies, on adjacent public property, or (4) in a publicly accessible area of the private or public construction

project.

Eligible artists to provide public art in accordance with this chapter may not be an employee of the architect,

engineer or landscape architect for the private or public construction project subject to this chapter.

Public art that is proposed or provided pursuant to this chapter must satisfy all of the following requirements:

A. The art must be designed and constructed by an artist;

B. The art must relate in terms of scale, material, form and content to immediate and adjacent buildings and

architecture, landscaping or other setting so as to complement the site and its surroundings, and must be

consistent with any applicable action of the Planning Commission, or City Council as it may relate to any

development entitlements for the private or public construction project;

C. The art must demonstrate excellence in craftsmanship, originality in conception and integrity of materials;

D. Permanent art must be a Hxed asset of the public art site;

E. Minimal maintenance must be adequate for preserving the long-terms integrity and enjoyment of the art, as

evidenced by a maintenance plan submitted with the public art proposal;

F. Art in private construction projects must be maintained by the property owner in a manner acceptable to the

city in accordance with a maintenance plan submitted with the art proposal;

G. The art must meet all applicable building code requirements.

H. The art must be accompanied by an identifying plaque that features the artist’s name, artwork title and date

of completion. This plaque must be made of a durable material and be installed permanently near the art.

Building Permit.

The owner and/or developer of private or public construction subject to the requirements of this chapter must

demonstrate compliance with the requirements of this chapter in one of the following ways upon Hling a building

permit application;

A. Payment of the full amount of the applicable public art in-lieu fee; and/or,

B. Presentation of a valid and binding contract to commission or purchase and install the required public art on

the subject development site, and a written approval of the proposed art from the PPAC that certiHes that the

proposed public art satisHes the requirements of section 18.120.

Upon a determination that the proposed public art does not comply with the requirements of section 18.120,

above, the determination may be appealed to the City Council in the manner prescribed by section 24.090 of this

ordinance. (Ord. 2811 § 4, 2022.)

Certi8cate of Occupancy – Proof of Installation.

The owner and/or developer of private or public construction subject to the requirements of this chapter must

provide the city proof of installation of the required public art in accordance with this chapter prior to the issuance

of a CertiHcate of Occupancy for the private or public construction. The required proof of installation must include

a public art maintenance plan specifying how the public art will be maintained in accordance with the

requirements of section 18.120. Compliance with the public art maintenance plan must be a condition of approval

of the private or public construction and the public art maintenance plan must be kept on Hle by the Community

Development Department.

Title to all public art provided pursuant to this chapter shall pass to the successive owners of the private or public

construction subject to the requirements of this chapter so that the public art remains for the life of the

construction, subject to the requirements of this chapter. Each successive owner of the private or public

construction shall be responsible for the custody, protection and maintenance of the public art, and the running of

this requirement with the ownership of the private or public construction must be a condition of approval of the

private or public construction.

The following requirements must be met before any public art is replaced:

A. The public art cost of the replacement public art shall be equal to the public art cost of the public art to be

removed in present dollars.

B. The replacement public art must conform, in every respect, to all public art requirements in eKect at the time

of the replacement. Such public art requirements that replacement public art must satisfy include, but are not

limited to, that the location of the replacement public art must meet the requirements for public art location in

eKect at the time of the replacement.

C. The replacement public art, including its location and installation, must comply with all applicable laws,

ordinances, rules and regulations.

D. The replacement public art must be available for public viewing not more than 180 days after the

replacement public art is removed, unless a longer time is approved by the Community Development Director.

A. A Public Arts Committee is hereby established. Terms of oJce for each of the Committee members shall be

four-year, staggered terms. The Committee shall be comprised of seven members as follows:

1. Three members shall be Visual Arts Professionals and appointed by the City Council from the community

at-large.

2. One member shall be a member of the Recreation, Music, and Parks Commission, as nominated by the

members of the Recreation, Music, and Parks Commission and appointed by the City Council.

3. One member shall be a member of the Petaluma Arts Council, as nominated by the Arts Council and

appointed by the City Council.

4. Two members shall be appointed by the City Council from the community-at-large.

B. The Committee shall perform the duties required by this chapter and any other ordinance or resolution of the

City Council pertaining to the City's public art program.

A. All fees collected pursuant to this chapter shall be held in a special fund referred to as the public art fund,

maintained, managed and reviewed by the City Manager or his/her designee. In addition to fees collected

pursuant to this chapter, funds acquired through gifts, grants, donations, fundraising eKorts and other contributions directed to the public art program shall also be deposited in the public art fund for use in

accordance with this section. Permitted uses of monies held in the public art fund are limited to the following:

1. The cost of installing public art on public property, including the cost of commissioning or otherwise

acquiring and providing and preparing sites for public art;

2. The cost of public art lighting;

3. The cost of public art identifying plaques;

4. The cost of maintaining public art that is not subject to a privately-funded maintenance plan on public

property;

5. The cost of supporting publicly accessible art exhibits;

6. The cost of documenting the city’s public art program and promotion of the program through education,

publicity and outreach;

7. The cost of conserving the city’s public art collection;

8. The cost of planning and administering the city’s public art program consistent with the annual budget

planning process, including the cost of staK support for the Public Art Committee.

B. The Public Arts Committee, with assistance from staK, shall, as part of the City's annual budget process,

estimate the operating costs of the public art program for the given Hscal year, including, but not limited to, staK

support and related expenses; curatorial services; documentation; publicity; community education and any other

services or programs in accordance with this chapter. Revisions to the adopted annual budget for the Public Art

Fund shall be subject to the review and approval of the City Manager, who may submit such revisions for the

review and the approval of the City Council.

The City Council shall review the provisions of this chapter, any related rules, regulations or policies and the

eKectiveness of the city’s public art program periodically as deemed appropriate, and may amend this chapter

and/or other elements of the city’s public art program that in the city council’s discretion may enhance the city’s

public art program and its beneHts. As part of such review or otherwise, the city council may seek the

recommendations of the Public Art Committee concerning potential improvements to the city’s public art

program. The Public Art Committee may also on its own initiative make recommendations to the City Council

concerning improvements to the public art program.

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8,

Disclaimer: The city clerk’s oJce has the oJcial version of the Petaluma Implementing Zoning Ordinance. Users

should contact the city clerk’s oJce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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