SEC. 429.4. COMPLIANCE BY PROVIDING ON-SITE PUBLIC ARTWORK.

(a) Installation. The project sponsor must install the public art in compliance with this Section 429.4: (1) in areas on the site of the building or addition so that the public art is clearly visible from the public sidewalk or the open-space feature required by Section 138, or (2) on the site of the open-space feature provided pursuant to Section 138, or (3) in a publicly accessible lobby area of a Hotel (“On-Site Public Artwork”). Said On-Site Public Artwork shall be installed prior to issuance of the first certificate of occupancy; provided, however, that if the Zoning Administrator concludes that it is not feasible to install the Artwork within that time and that adequate assurance is provided that the Artwork will be installed in a timely manner, the Zoning Administrator may extend the time for installation for a period of not more than 12 months. Said works of art may include sculpture, bas-relief, murals, mosaics, decorative water features, tapestries or other artworks permanently affixed to the building or its grounds, or a combination thereof, but may not include architectural features of the building, nor artwork designed by the architect, except as permitted with respect to the in lieu contribution regarding publicly owned buildings meeting the criteria described above. Artworks shall be displayed in a manner that will enhance their enjoyment by the general public. The type and location of Artwork, but not the artistic merits of the specific artwork proposed, shall be approved by the Zoning Administrator in accordance with the provisions of Section 309 of this Code.

(b) Recognition of Artists. An ADA compliant plaque identifying the creator, name (if any), and installation date of the On-Site Public Artwork required by subsection (a) above shall be placed at a publicly conspicuous location within

view of the On-Site Public Artwork at the same time the Artwork is installed.

(c) Removal, Relocation, or Alteration of Artwork. Once the project sponsor has installed and completed the final Artwork, the project sponsor, building owner and any third party may not remove, relocate or alter the Artwork without notifying and consulting with the Planning Department at least 120 days prior to the proposed removal, relocation or alteration. A project sponsor’s or building owner’s notice of intent to the Planning Department to remove, relocate, or alter Artwork shall include written approval of the proposed removal, relocation, or alteration from the artist or artist’s estate, if applicable, under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)) (“VARA”), the California Art Preservation Act (Cal. Civil Code §§987 et seq. ) (“CAPA”), or any successor laws protecting the integrity of Artwork, or a written waiver from the artist expressly waiving their rights, if any, under VARA and CAPA. The Planning Department shall not approve any removal, relocation, or alteration unless it finds any removed Artwork will be replaced with Artwork of equal or greater value or that any relocation or alteration is only a minor modification. If a project sponsor does remove, relocate, or alter the Artwork without notification and approval of the Planning Department, the Planning Department is authorized to pursue enforcement of this Section under Section 176 of this Code or to pursue any other remedy permitted by law.

be replaced with Artwork of equal or greater value or that any relocation or alteration is only a minor modification. If a project sponsor does remove, relocate, or alter the Artwork without notification and approval of the Planning Department, the Planning Department is authorized to pursue enforcement of this Section under Section 176 of this Code or to pursue any other remedy permitted by law.

(d) Removal, Relocation, or Alteration of Artwork for Existing 100% Affordable Housing Projects. Notwithstanding the requirements of subsection (c) of this Section 429.4, 100% Affordable Housing Projects for which public art has already been installed as of the effective date of the ordinance in Board of Supervisors File No. 230706, including a 100% affordable residential building built to satisfy affordable housing requirements of market rate projects, may remove, relocate, or alter Artwork if the Artwork has been vandalized or severely compromised such that it cannot be restored to its original condition without significant financial expenditures. A project sponsor’s or building owner’s notice of intent to the Zoning Administrator to remove, relocate, or alter Artwork shall include: (1) documentation of vandalism or severely compromised conditions and (2) written approval of the proposed removal, relocation, or alteration from the artist or artist’s estate, if applicable, under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)) (“VARA”), the California Art Preservation Act (Cal. Civil Code §§987 et seq. ) (“CAPA”), or any successor laws protecting the integrity of Artwork, or a written waiver from the artist expressly waiving their rights, if any, under VARA and CAPA. The Zoning Administrator, after a duly noticed public hearing, may approve, conditionally approve, or deny removal, relocation, or alteration of the Artwork. The Zoning Administrator shall take into account the financial burden of repair and the extent of the vandalism, including past history of repeat vandalism, and likelihood that the Artwork may be vandalized again. For cases proposing removal under this subsection (d), the Zoning Administrator shall consider the viability of relocating the Artwork elsewhere on the property. In regard to relocation or alteration, including relocation of the Artwork elsewhere on the property, if the Zoning Administrator determines that relocation or alteration is a minor modification of the Artwork, then no hearing is required. Notice of the Zoning Administrator’s hearing shall be sent to property owners within a 300 foot radius of the subject site at least seven days before the hearing. Enforcement of this subsection (d) shall be in accordance with Section 429.4(c).

(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 3-24, File No. 230706, App. 1/19/2024, Eff. 2/19/2024)

AMENDMENT HISTORY

Former division (b) redesignated as (c); new division (b) added; Ord. 217-16, Eff. 12/10/2016. Divisions (a) and (c) amended; division (d) added; Ord. 3-24, Eff. 2/19/2024.