Suisun City Municipal Code Ch. 13.14 Public Art

Footnotes:

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Editor's note— Ord. No. 789, § 2(Exh. A), adopted Dec. 21, 2021, amended Ch. 13.14 in its entirety to read as herein set out. Former Ch. 13.14, §§ 13.14.010—13.14.030, pertained to similar subject matter, and derived from Ord. No. 787, § 2(Exh. A), adopted Sept. 7, 2021.

A. The purpose of this chapter is to authorize the establishment of guidelines, procedures and standards for the integration of public art into new development projects throughout the City of Suisun City. Public art on public projects installed pursuant to this chapter shall be governed by the city's public art policy.

B. Public art plays an important role in increasing the understanding and enjoyment of art by the community. Art is more accessible and visible to people when displayed in public areas. A key feature of public artwork is the importance of integrating art into the urban fabric of the city in order to enrich and enhance its physical attractiveness. Public art transforms spaces and makes a valuable contribution to our appreciation of the city and the quality of public places. In addition, public art located in public places reflects the unique environment and cultural identity of the city to visitors and to residents of Suisun City. It often provides a link with our history and can contribute to development of tourism.

C. To achieve these goals, public art should be integrated into development projects citywide. For best results, consideration of public art should be integrated into project planning at the earliest possible stage.

D. In the event of a conflict between the public art policy and this chapter, the provisions of the chapter shall govern.

(Ord. No. 789, § 2(Exh. A), 12-21-2021)

The following definitions apply to this chapter:

"Addition" means an extension, expansion, or increase in floor area or height of a building or structure.

"Alteration" means any construction, remodel, rehabilitation of, or improvement to, an existing structure other than repair or addition.

"Artist" means a person who has a reputation among peers as a person of artistic excellence, through a record of exhibitions, public commissions, sale of works, or educational attainment as judged by the reviewing body with final design review authority for the development project.

"Construction cost" means the total cost of a development project. Construction costs shall be based on construction and site improvement costs as declared on all building permit applications, and shall include, but not be limited to, all grading, site improvement, building, plumbing, mechanical, and electrical permit applications for the project.

"Developer" means the person or entity that is financially and legally responsible for the planning, development, and construction of a development project, who may, or may not, be the owner of the subject property.

"Development" or "development project" means a project involving the construction of any new residential, commercial (including office and retail uses), industrial or light industrial, or mixed-use buildings, the construction of tenant improvements, any addition to an existing building, or the rehabilitation, renovation, remodeling, or improvement of an existing building. Tenant improvement construction cost shall be calculated on a per-tenant basis.

1. "Nonresidential development" means a project with a construction cost of $250,000.00 or more, and involving:

a. The construction of any new commercial (including office and retail uses), industrial or light industrial development, including the nonresidential portion of a mixed-use development;

b. Tenant improvements to a unit in a nonresidential development;

c. An addition to an existing nonresidential building or structure; or

d. The alteration of an existing nonresidential building or structure.

2. "Residential development" means any new multi-home or multi-unit housing project, including the residential portion of mixed-use developments.

3. "Development" or "development project" shall not include any of the following:

a. Repair or reconstruction of building or structures, which have been damaged by fire, flood, wind, earthquake, or other calamity;

b. Historic preservation or restoration;

c. Seismic retrofit or flood protection projects work items;

d. Fire sprinkler installation;

e. Any maintenance, upgrade, or repair of an existing building, structure, or equipment, necessary for its optimal condition or operation;

f. Solar (photovoltaic) system installations.

"Director" means the recreation, parks, and marina director, and shall include their designee.

"In lieu public art contribution" means the dollar amount equal to 1.5 percent of the construction cost. In the case of a mixed-use project, the in lieu public art contribution shall equal 1.5 percent of the construction cost of the nonresidential component of the development on a pro rata basis. By way of example, the in lieu public art contribution for a 15,000 square foot mixed-use project with a 2,000 square foot commercial space component, with a construction cost of $350.00/square foot would be $10,500.00, calculated as follows: 0.015 x $350.00 x 2,000 = $10,500.00.

"Installation date" means the actual date on which installation of the public art is completed.

"Public art" means an original work of a permanent nature in any variety of media produced by an artist, including, but not limited to, sculpture, murals, photography, and original works of graphic art, water features, neon, glass, mosaics, or any combination of forms of media, furnishing or fixtures permanently affixed to the building or its grounds, or a combination thereof, and may include architectural features of the building such as decorative handrails, stained glass and other functional features which have been enhanced to be visually appealing. City commissioned public art may also include pieces as identified above which may be moved from time to time as a gallery collection and placed in public buildings such as City Hall, the Joe Nelson Community Center and other publicly accessible facilities.

Public art does not include the following:

1. Art objects that are mass-produced or of standard design;

2. Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art;

3. Works of art not visible to the public;

4. Logos or corporate identity.

"Public art fund" means a fund established and maintained by the City of Suisun City for the purpose of funding public art and cultural programming consistent with the adopted public art policy.

"Public art policy" means the marina, parks, and recreation department's public art policy, as adopted by city council resolution, including any amendments or successor policies thereto.

"Public place" means any exterior area on public or private property, which is clearly visible to the public. If located on private property, the area must be clearly visible from adjacent public property such as a street or other public thoroughfare, sidewalk, or path.

"Residential development park enhancement set-aside" means the dollar amount equal to 0.5 percent of the total construction cost of the residential development. In the case of a mixed-use project, the park enhancement set-aside shall be 0.5 percent of the construction cost of the residential component of the development on a pro rata basis. By way of example, the residential development park enhancement set-aside for a 20,000 square foot mixed-use project with a 15,000 square foot residential space component, with a construction cost of [$400.00]/square foot would be $30,000.00, calculated as follows: 0.005 x $400.00 x 15,000 = 30,000.

"Repair" means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

(Ord. No. 789, § 2(Exh. A), 12-21-2021)

A. Any new nonresidential or mixed-use development project in the city is required to include a public art component. The public art shall be displayed in a manner that will enhance its enjoyment by the general public.

B. The cost of the public art, or in lieu public art contribution, must be equal at least to 1.5 percent of the construction cost of the development, for a maximum value of $250,000.00. In case of mixed-use developments, the public art requirement shall be based on the construction cost of the nonresidential portion of the development only.

C. The developer has the following options to meet the requirement:

1. Locate the public art on the project site in a public place.

2. Request that the reviewing body with final review authority for the development project consider placement of a developer-funded art piece on public property at a location approved by the recreation, parks, marina, and arts commission. Public art to be placed on public property is subject to design review and approval by the city council. The public art will be donated to the city. The total cost of the public art shall include a maintenance fee, in the amount of 15 percent of the 1.5 percent of the construction cost of the development. The city shall hold the maintenance fee in a separate project-specific account, and the funds shall be used exclusively for the maintenance of the specific work.

3. Pay an in lieu public art contribution, which shall be deposited in the public art fund. The in lieu public art contribution shall be paid by the developer at the time of building permit issuance; or

4. Developers may elect to install public art that has a value lower than the public art contribution requirement and make an in lieu public art contribution for the balance.

D. Prior to obtaining a building permit, the developer shall demonstrate compliance with the requirements of this chapter in one of the following ways:

1. Payment of the full amount of the in lieu public art contribution; or

2. Written proof to the director of a contract to commission or purchase and install the required public art. Such proof shall be accompanied by a performance security, in an amount of ten percent of the total public art contribution, which will be refunded following installation. If the public art is not completed within one year of the issuance of the certificate of occupancy, the deposit shall be forfeited and an in lieu public art contribution shall be required.

E. Prior to the issuance of the certificate of occupancy, the developer shall provide the city with proof of installation of the required public art on the development site, unless the developer has entered into an agreement and submitted a performance security consistent with Subsection (C)(2).

F. The owner of the development project shall hold title to all public art installed on private property. Each successive owner shall be responsible for the custody, protection, and maintenance of such works of art. The works of art must be maintained in good condition and free of graffiti for the life of the piece.

G. If the development project's owner wishes to replace any public art installed pursuant to this chapter, the following requirements shall be met before the art is replaced:

1. The cost of the replacement shall be equal to, or greater than, the initial cost (adjusted for time) of the existing public art to be removed.

2. The location of the replacement public art shall meet the requirement for public visibility in effect at the time of the replacement.

3. The replacement public art shall conform, in every respect, to all standards in effect at the time of the replacement.

4. The replacement public art shall be installed within 180 days of the removal of the existing public art piece, unless the period is extended by the director.

(Ord. No. 789, § 2(Exh. A), 12-21-2021)

Any new residential or mixed-use development project in the city that is required to install a park shall be subject to a residential development park enhancement set-aside for the purpose of including art elements within the required park. In case of mixed-use developments, the residential development park enhancement set-aside amount shall be based on the construction cost of the residential portion of the development only. The park enhancement set-aside shall be applied to art elements for park amenities such as benches, shade sails, picnic tables, pathways, garbage cans, play structures, bicycle racks, and signage.

(Ord. No. 789, § 2(Exh. A), 12-21-2021)