Pismo Beach Municipal Code Ch. 15.49 Public Art Program

Public art in Pismo Beach beautifies private development and public places for the visual pleasure of residents and visitors. Public art positively impacts property values, enhances the Pismo Beach experience, and serves as an economic catalyst. (Ord. O-2015-004 § 1 (part), 2015)

A. "Building development costs" shall mean those construction costs as declared on all building permit applications for new construction as determined by the city building official.

B. "Contribution requirement" shall mean a financial commitment for the creation and installation of public art.

C. "Capital projects" shall mean new construction, expansion, or replacement project for an existing city facility or facilities, except those in the public right-of-way or those involving city utility systems.

D. "City" shall mean the city of Pismo Beach city council, parks, recreation and beautification commission, the city manager, the risk manager, the community development or public works/engineering departments and directors of said departments.

E. "City facility" shall mean public buildings, parks and open spaces.

F. "Municipal development" shall mean city of Pismo Beach and any other government agency capital project on public property; but shall exclude improvements in the public right-of-way except those in the public right-of-way or those involving city utility systems.

G. "Non-profit agency" shall mean a corporation organized under Internal Revenue Code Section 501(c)(3), in good standing with the California Department of Corporations and in compliance with any and all federal, state, and local licensing, reporting, and tax requirements.

H. "PRBC" shall mean the parks, recreation and beautification commission.

I. "Private development" shall mean the new construction or addition to existing development on private property owned by individuals or companies; private residential projects that create four or fewer units shall not be included within the definition of private development.

J. "Public art" shall mean art installed on locations that allow viewing visibility from a public right-of-way or from other public property as noted below and special festivals and celebrations which promote or enhance these art forms. These include:

1. Sculptures. Includes in-the-round, bas-relief, mobile, fountain, kinetic, electronic or other in any material or combination of materials;

2. Painting and graphics. Includes large and small scale murals, printmaking, drawing, calligraphy or other;

3. Photography and digital. Includes any combination of photography, electronic media such as sound, film, holographic, video and other art forms on a large public scale;

• 4. Mosaics and tile, chalk and sand art and sand sculpture;
• 5. Temporary displays of 1. through 4. above;
• 6. Capital improvements determined by the city council to be artistic in value;
• 7. Any other art form determined by the city to satisfy the intent of this section.

K. "Public art in-lieu contribution" shall equal the percentage of building development costs required by this program.

L. "Public art ad-hoc committee" will be comprised of three individuals with documented expertise in the particular art medium being evaluated; absent available experts in the medium to be evaluated, other artists or individuals with knowledge of the medium are permitted. The committee is not limited to residents of Pismo Beach.

M. "Public art draft concept" shall consist of 1) a site plan to indicate the location of the proposed public art; 2) sample, model, photograph or sketch of proposed work; and 3) exemplars of materials, if applicable. (Ord. O- 2015-004 § 1 (part), 2015)

A. There is hereby created the Pismo Beach public art account for the public art in-lieu contributions, grants, other funding opportunities and all other revenues appropriated or credited to or deposited into the account. Except as set forth in Section 15.49.025, the public art account revenues shall be used for:

1. The acquisition, commission, design, installation, improvement, maintenance and insurance of public art;

2. The improvement of real property for the purpose of displaying public art, which has been or may be subsequently approved by the city; or

3. Other expenses associated with implementation of the Pismo Beach public art program.

B. The Pismo Beach public art account shall be distributed as follows:

1. Up to twenty percent of the annual Pismo Beach public art account shall be used for administration for processing the public art submittal, approving the public art, monitoring, compliance, or any other administrative task associated with public art.

2. At least eighty percent of the annual Pismo Beach public art account shall be used for public art acquisition, installation and the authorized expenses specified in Section 15.49.025E.

C. The PRBC shall provide an annual report to the city council that contains details of art acquired/installed and recommendations for use of public art account funds in the next fiscal year(s). (Ord. O-2015-004 § 1 (part), 2015)

A. Private and municipal developments with building development costs of more than two hundred fifty thousand dollars (as determined by the city building official) shall devote an amount not less than one percent of such costs for acquisition and installation of public art on the development site. Based on a recommendation by the city manager, the city council may contribute additional amounts to the public art account for capital projects. In lieu of acquisition and installation of public art on a development site, an owner or developer may request city approval for a public art in-lieu contribution to fulfill the public art requirement. The Pismo Beach city planning commission may authorize a public art in-lieu contribution should they determine as a part of the discretionary review of a project that that installation of the public art on the project site would be infeasible or undesirable. The public art in-lieu contribution shall equal the cost that would have been required for acquisition and installation of public art as noted above. The in-lieu fee shall be paid prior to the issuance of a building permit for the project on the development site. There shall be no future credits for owners or developers who provide in-lieu contributions.

B. The public art in-lieu contribution requirement of this section shall apply to all new private and municipal development, and additions of floor area of fifty percent or more for existing commercial projects based on the value of the addition as determined by the city building official. This section shall also apply to remodeling or modification of existing structures of commercial development, and multi-family development exceeding four units, with a construction value equal to or more than fifty percent of the replacement cost of the building as determined by the city building official. Mixed use projects are also subject to the contribution requirement.

C. Subject to the approval of the city council, private development applicants may incorporate into the project public art that has a value lower than the contribution requirement. In such cases, the applicant shall pay a public art in-lieu contribution to the public art account equal to the difference between the lower value and the value established in Section 15.49.025A. and B. The value of the public art shall be determined by the artist proposed by the applicant to create the public art for the development.

D. The city shall budget for public-sponsored art projects from an appropriate fund and/or the public art account in such amounts as determined by the city council during annual city budget review. Appropriations for the public art program shall be made in accordance with the budgeting procedures of the city.

E. Public art in-lieu contributions to the public art account may be used for:

1. Works of art including design fees, commissions, engineering and fabrication costs, and public art on public property;

2. Transportation of the work to the site;

3. Signage;

4. Installation costs including, but not limited to, mountings, anchorages, containments, pedestals, bases, and/or utilities such as water and power; and

5. Maintenance and repair of public art on public property.

F. Public art in-lieu contributions to the public art account may not be used for:

• 1. The cost of housing the artist(s);
• 2. Land costs;
• 3. Landscaping around public art not integral to its design;
• 4. Publicity, public relations, photographs or dedication ceremonies;
• 5. Ongoing utility fees. (Ord. O- 2015-004 § 1 (part), 2015)

A. Public art submittal to the city: Upon approval of concept by the PRBC as noted in Section 15.49.035, a formal public art submittal shall be provided to the community development department to check for compliance with zoning, general plan requirements, building and fire code consistency, and the Americans with Disabilities Act (ADA). The submittal shall be evaluated by the city public works department and city risk manager to: 1) ensure the public art installation will not create an undue risk or a safety problem; 2) consider maintenance requirements; 3) determine durability; and 4) identify any engineering concerns. The submittal shall include:

1. Landscape and site plans indicating the location and orientation of the public art and the landscaping and architectural treatment integrating the piece into the overall project design;

• 2. Sample, model, photograph or detailed drawings of the proposed public art;
• 3. Exemplars of materials and finishes, if applicable;
• 4. Resume of the proposed artist;

5. If applicable, slides and/or photographs of the proposed artist's past public art, demonstrating works similar to the proposal;

6. A written statement by the artist describing any theme and/or conceptual development of the public art;

7. A written statement by the developer as to the manner in which the public art will be displayed in an area that is visible from a public right-of-way or public property;

8. A maintenance plan for the public art;

9. The cost of the work of art including installation at site;

10. Any such additional information or materials as may be required by the community development director, public works director, city risk manager or their designee(s).

B. Administrative processing: The community development director or his/her designee shall be responsible for administrative tasks related to the public art approval process, including, but not limited to, advertising for and communicating with a public art ad-hoc committee, noticing for public meetings, meeting with the property owner, conferring with other city departments, and preparing and presenting staff reports.

C. Following public art project approval:

1. On private property: The community development director or his/her designee shall require, prior to issuance of a building permit or certificate of occupancy:

a. Payment of the public art in-lieu contribution for approved development; or

b. Installation of the public art subject to approval of the public art submittal; execution of an installation agreement; and evidence that a maintenance covenant has been recorded against the property.

2. On public property: The public works director or his/her designee shall require, prior to installation of approved public art on public property:

a. Plans identifying the installation method and consistency with city construction requirements; and

b. Owner application for and public works department approval of an encroachment permit to install the public art.

c. Execution of an agreement identifying the responsibilities for the ongoing maintenance of the public art. (Ord. O-2015-004 § 1 (part), 2015)

A. PRBC concept review: A public art draft concept is approved as appropriate by the parks, recreation and beautification commission (PRBC).

B. Public art submittal to the city: Upon approval of concept by the PRBC, a formal public art submission shall be provided to the community development department fulfilling the requirements stated in Section 15.49.030.

C. Public art ad-hoc committee selection: Following community development staff advertisement for and compilation of ad-hoc committee applications, the PRBC selects an ad-hoc committee to assist in the review of the public art. An ad-hoc committee may be assembled for each individual public art proposal.

D. PRBC public hearing and action on public art on private property: The PRBC, with advisement from the ad-hoc committee will evaluate the proposed public art at the first available PRBC regular meeting within forty-five days of receipt of a complete public art submittal, or as soon as possible thereafter. The purpose of the public hearing will be for the PRBC to evaluate the appropriateness and consistency of the proposed public art with the Pismo Beach public art program and take action to approve or deny the public art proposal. The PRBC's determination can be appealed to the city council within ten working days of PRBC action. Within sixty days of receipt of the appeal or as soon as possible thereafter, the city council will review and take final action on the public art proposal.

E. PRBC recommendation and city council action on public art on public property: The PRBC, with advisement from the ad-hoc committee will evaluate the proposed public art in a public hearing at the first available PRBC regular meeting within forty-five days of receipt of a complete submittal, or as soon as possible thereafter, to evaluate the appropriateness and consistency of the proposed public art on public property with the Pismo Beach public art program. The PRBC will provide a recommendation to the city council and within sixty days of the PRBC's recommendation or as soon as possible thereafter, the city council will review and take final action on the public art proposal. (Ord. O-2015-004 § 1 (part), 2015)

A. Installation:

1. Private development: Public art related to private development shall be installed prior to issuance of a certificate of occupancy for new construction or final building inspection of a remodel. If installation prior to the date of occupancy is impracticable as determined by the community development director or his/her designee, a certificate of occupancy may be approved for the building or portion thereof if the public art submittal pursuant to this section has been approved, the applicant has executed a written agreement with the city to install the public art, and the applicant has filed security in an amount and form acceptable to the city attorney to guarantee installation of the public art.

2. Municipal development: Public art related to municipal development shall be installed prior to completion of the project. If installation prior to the date of project completion is impracticable as determined by the public works director or his/her designee, it shall be installed as soon as reasonably possible thereafter.

B. Maintenance:

1. On private property: The community development director or his/her designee shall ensure that the property owner maintains the public art, or causes it to be continuously maintained in good condition after its installation, and the property owner shall perform necessary repairs and maintenance to the satisfaction of the city. The maintenance obligations of the property owner shall be contained in a covenant and recorded against the property by the applicant. Should the property owner wish to remove the public art, the city must be notified in writing not later than forty-five days in advance of the proposed removal date. The property owner shall replace the public art with public art of equal or greater value before or concurrent with removal of the existing art and provide consistency with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law.

2. On public property: The public works director or his/her designee shall ensure that public art on property owned by the city is maintained in good condition after its installation consistent with the agreement specified in Section V.C.2.C). (Ord. O-2015-004 § 1 (part), 2015)

The public art shall:

A. Fit the character of the area where it will be located.

B. Include timeless qualities for enduring enjoyment of the art work.

C. Stand out as a work of artistic merit.

D. Be compatible with the coastal, historic, or natural characteristics of the city. (Ord. O-2015-004 § 1 (part), 2015)