San Bruno Municipal Code Ch. 3.40 Art in Public Places

Note: Editor's note: In July 2007, under the direction of the city attorney, Ch. 9.33 was renumbered to be Ch. 3.40, under new Article III, Fees.

The city council finds and declares:

A. San Bruno's community is largely built-out. The city is undergoing an intense infill through home remodeling and additions, large housing developments, and commercial redevelopment.

B. The city has been consistently mindful of incorporating aesthetic considerations into the city's residential and commercial growth. For example, the city's planning commission reviews at two levels all applications for new construction and for additions that substantially increase a home or building size. The city has a Beautification Task Force that recognizes those in the community who maintain their homes and landscapes in an aesthetically pleasing fashion. An agreement with a developer to develop the former Navy site includes a requirement for artwork.

C. The city finds that it is important to develop, support and maintain the city's cultural and artistic heritage, resources and assets in order to enhance the community's aesthetic quality of life, to add to a sense of community, and to improve the image and character of the community as it grows.

D. The financial burden of developing, supporting and maintaining the city's cultural and artistic resources and assets should be distributed in a manner roughly proportionate to the building impact of each project in the community.

E. Establishment of an art in public places program will promote the city's goal of developing the community's aesthetic qualities and will promote the general welfare of the community.

(Ord. 1684 § 1, 2003; Ord. 1875 § 3, 2019)

The purpose of this chapter is to create an Art in Public Places program funded by the community as a whole for the purpose of creating, conducting and sponsoring art programs, events and exhibits and for the purpose of accepting, commissioning, acquiring, selecting, installing, maintaining, and insuring art work in the city of San Bruno.

(Ord. 1684 § 1, 2003; Ord. 1875 § 3, 2019)

Culture and arts shall be defined as in Section 2.50.030, (Culture and Arts Commission — Definition).

(Ord. 1684 § 1, 2003; Ord. 1875 § 3, 2019)

The "City Art Fund" is hereby established to account for fees paid pursuant to this chapter. This fund shall be maintained by the city finance director or designee, and shall be used solely for the purpose of sponsoring, conducting and hosting art programs, events and exhibits and for the purpose of accepting, commissioning, acquiring, selecting, installing, maintaining, and insuring art work to be displayed in the city.

(Ord. 1684 § 1, 2003; Ord. 1875 § 3, 2019)

The program allocation, as used in this chapter, shall be established as part of the city's building division permit collection fee system. In the absence of a development agreement or other similar agreement providing for public art or an art fund fee, the program allocation shall be as follows:

A. Five percent of residential building, mechanical, electrical, or plumbing permit fee;

B. Seven percent of commercial (non-residential) building, mechanical, electrical, or plumbing permit fee.

(Ord. 1684 § 1, 2003; Ord. 1875 § 3, 2019)

No final city approval, such as a final inspection or certificate of occupancy, for any project subject to this chapter shall be granted or issued unless and until full compliance with the provisions of this chapter is achieved, until all required fees under this chapter have been paid.

(Ord. 1684 § 1, 2003; Ord. 1875 § 3, 2019)

A. As set forth in Chapter 2.50, the culture and arts commission shall administer the art in public places program under the general direction of the city council.

B. General Considerations. The commission shall consider at a minimum the aesthetic quality, harmony and propriety of proposed artwork with existing on-site improvements, maintenance of the artwork, and proposed location of and public accessibility to the artwork. The commission shall consider whether a proposed program or event comports with the findings and purposes of this chapter.

C. Relationship to Planning Commission.

1. If a development project is subject to planning commission review and approval and includes on site placement of art work, the culture and arts commission shall first review a completed application for consistency with subsection B of this section, including any recommended conditions of approval, and forward its recommendation to the planning commission;

2. The planning commission shall consider the recommendations and conditions of approval of the culture and arts commission.

D. Relationship to City Council.

1. The culture and arts commission shall seek approval from the city council for all expenditures of the culture and arts commission from the city art fund;

2. The city council may call up any matter relating to the culture and arts commission for de novo review and action by the city council or refer to the redevelopment agency board where appropriate. The decision of the city council or redevelopment agency board shall be final.

(Ord. 1684 § 1, 2003; Ord. 1875 § 3, 2019)

Artwork donated to the city and accepted by the city shall be the property of the city.

(Ord. 1684 § 1, 2003); Ord. 1875 § 3, 2019)