§ 36.395

Every new residential development of four or more units and every new commercial or industrial building project with a building valuation exceeding $500,000 will be required to provide public artwork or dedicate funds to support public art. The public art program shall also apply to any remodeling project of existing commercial or industrial buildings and any residential building of four or more units or complex of four or more units, when the remodeling has a building valuation exceeding $250,000. (Ord. No. 2325 § 2 (part), 2018.)

The following developments or modifications, alterations, and additions to the developments are exempt from this division: affordable housing units, performing arts facilities, museums, private nonprofit and institutional uses, interior remodel or tenant improvements, seismic reinforcement, and rebuilding necessitated by a natural disaster. (Ord. No. 2325 § 2 (part), 2018; Ord. No. 2358 § 2, 2021.)

The valuation of the percentage for public art development, as provided for in SPMC 36.395.010, shall be based on a percentage of the building cost in an amount equal to one percent or more of the total building valuation for the project if the project is being built on site and one and one-half percent if the developer will be paying the public art development fee in lieu of providing public art on site, excluding land acquisition, off-site improvement expenses, interior improvements, parking facilities, and public facilities. (Ord. No. 2325 § 2 (part), 2018.)

Development projects subject to the public art program may satisfy the requirement through:

A. Installation of approved site-specific public artwork, cultural, or artistic facilities equal to or exceeding the value of the contribution amount; or

B. Payment in lieu of the one and one-half percent development fee to a new public art fund.

1. Payment of the public art development fee will be collected in two installments: (a) 50 percent of the total public art development fee shall be collected prior to issuing the building permits; and (b) 50 percent of the total public art development fee shall be collected prior to final inspection or issuing the certificate of occupancy.

C. No final approval, such as final inspection or a certificate of occupancy, for any development project subject to this division shall be granted or issued unless and until full compliance with the public art program is achieved.

D. The applicant must certify that any artwork donated or purchased is free and clear of all liens, claims, encumbrances, and restrictions. The applicant must also certify that no portion of the artwork has been exported from its country of origin in violation of laws of that country in effect at the time of export, nor imported into the United States in violation of United States laws and treaties in effect at the time of import. The applicant must represent and warrant that no tax laws, laws of inheritance, or other laws or regulations applicable to the artwork have been broken. The applicant agrees to indemnify, defend, and hold harmless the City from and against any and all claims, damages, loss, and expenses relating to the break or alleged break of any of the applicant’s obligations, representations, or warranties herein, and relating to the claims of third parties or challenging the title to the artwork or any intellectual rights or copyright for the artwork transferred and conveyed to the City. (Ord. No. 2325 § 2 (part), 2018.)

For public art projects developed on site, the developer must contract the services of a professional art consultant experienced in working with municipal art programs for any public art project valued at more than $25,000 (if not paid in lieu). (Ord. No. 2325 § 2 (part), 2018.)

For public art projects developed on site, prior to the associated entitlement review for a development project an application for public art concept review shall be submitted to the Public Art Commission and shall include:

• A. Completed public art application; and

• B. Preliminary sketches, photographs, or other documentation to provide sufficient clarity of the nature of the proposed artwork; and

C. Preliminary plans containing such detailed information as may be required to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of the adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and

D. A narrative statement to be submitted to demonstrate that the artwork will be displayed in an area open and freely available to the general public; and

E. A maintenance plan describing the required maintenance and costs to preserve the artwork in good condition.

The Public Art Commission’s concept review shall be provided to the entitlement review body(ies) for consideration during the approval process. (Ord. No. 2325 § 2 (part), 2018.)

For public art projects developed on site, following the entitlement approval process for a development project, an application for final public art approval shall be submitted to the Public Art Commission and shall include:

• A. Completed public art application; and

• B. Finalized sketches, photographs, or other documentation to provide sufficient clarity of the nature of the proposed artwork; and

C. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs; and

D. Written agreement executed by or on behalf of the artist who created or is creating the artwork which expressly waives their rights under the California Art Preservation Act or other applicable laws; and

E. Finalized plans containing such detailed information as may be required to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of the adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and

F. A narrative statement to be submitted to demonstrate that the artwork will be displayed in an area open and freely available to the general public at least 10 hours each day, or otherwise is publicly accessible in an equivalent manner based on the characteristics of the artwork or its placement on the site; and

G. A maintenance plan describing the required maintenance and costs to preserve the artwork in good condition.

Completed applications shall be submitted to staff for the Public Art Commission’s review and approval. Building permits shall not be issued until final approval has been granted by the Public Art Commission. (Ord. No. 2325 § 2 (part), 2018.)

Any artwork associated with the public art program that is included on site for an applicant’s project shall remain on the property of the applicant; the obligation to provide all maintenance to preserve the artwork in good condition will remain with the owner of the site. Maintenance of artwork shall include without limitation preservation of the artwork in good condition, protection of the artwork against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City Attorney. Prior to placement of an approved artwork, the applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the artwork. Failure to properly maintain the artwork is hereby declared a public nuisance. In addition to all remedies provided by law, in the event the real property owner fails to maintain the artwork, upon reasonable notice, the City may perform necessary repairs or maintenance or secure insurance, and the costs therefor shall become a lien against the real property. (Ord. No. 2325 § 2 (part), 2018.)

Public artwork installed on private property to satisfy the public art development requirement shall not be removed or altered without the prior approval of the City Council. In addition to any other applicable penalty, violation of this section may render the property owner liable for payment of the one and one-half percent development fee to the public art fund and may result in revocation of the occupancy permit issued for the subject development project. Prior to any imposition of the one and one-half percent development fee to the public art fund or occupancy permit revocation pursuant to this section, the City shall afford the property owner notice and an opportunity for a hearing. (Ord. No. 2325 § 2 (part), 2018.) Home Previous Next

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