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HomeMy WebLinkAbout07/11/2000, 1 - PUBLIC ART ORDINANCE REQUIRING INCLUSION OF PUBLIC ART IN CERTAIN TYPES OF PRIVATE DEVELOPMENT council 1&6,D� '7-11 -00 agenda Repoat 1�N.1 C I T Y OF SAN LUIS OBISPO l FROM: Ken Hampian, Assistant City Administrative Officer Prepared By: Wendy George, Assistant to the City Administrative Officer 17 SUBJECT: PUBLIC ART ORDINANCE REQUIRING INCLUSION OF PUBLIC ART IN CERTAIN TYPES OF PRIVATE DEVELOPMENT CAO RECOMMENDATION 1. Introduce an ordinance to print requiring the placement of public art, valued at one-half percent of the total .construction cost, on privately-funded, non-residential construction projects costing in excess of$100,000. 2. Approve a resolution rescinding Section III, "Criteria for Matching Grant Funding", Exhibit A, Resolution No. 6811, (1990 Series), Visual Arts in Public Places Program. DISCUSSION Background In 1990, the City Council adopted a Visual Arts in Public Places Program which required that I% of the total approved construction cost of eligible City-funded capital projects be expended for the design and installation of public art. In the summer of.1997, the Council took various actions to revitalize the program, including direction to staff to seek community input on a potential mandated percent-for-art program for privately-funded development projects. As a result of that direction, staff convened a focus group of community members to consider the possibility of creating such an ordinance. While the focus group was highly supportive of public art, it was reluctant to recommend a mandatory requirement for public art in privately-funded construction projects. At the August 17, 1999, Council meeting, staff presented the results of the focus group study to the City Council, including the recommendation not to go forward with the mandatory art requirement. The City Council agreed with many of the focus group's recommendations for improving the Visual Arts in Public Places Program, but disagreed with the recommendation of no mandatory art requirement for private development. Instead, the Council directed staff to return with an ordinance requiring an art contribution from the private sector. Proposed Ordinance Staff performed a significant amount of research prior to developing the proposed ordinance. We contacted a number of cities, for example, Palm Desert and Dana Point, that had ordinances in place requiring the inclusion of public art in private development. We considered the legal questions posed by such an ordinance. Finally we discussed the ordinance with staff from the Community Development and Public Works Departments, in an effort to create an ordiny that Council Agenda Report—Ordinance Requiring Public Art in Private Development Page 2 could be reasonably integrated within the current City development review process. We believe that the proposed ordinance is comparable to those existing in other cities, meets all legal requirements and will not create undue impacts upon existing staff workloads. What does the ordinance require? The ordinance requires that all privately-funded non- residential development with a total construction cost in excess of $100,000 include public art with a value of one-half percent (.5%) of the construction cost. As voluntary options, the developer may pay an in-lieu fee to the City's public art fund or may give a comparably priced piece of public art to the City. The law clearly allows the City to require the inclusion of public art in the proposed development, as there is a direct enhancing nexus to the project. However, the City may not re uire that a public art fee be paid to the City. Therefore, this option is available on a voluntary basis and is provided for in the ordinance, along with the voluntary donation of art. Why was the minimum construction cost for application of the ordinance set at $100,000? Staff chose this level so that smaller maintenance or rehabilitation projects would not generate a public art requirement that might be unduly onerous. Additionally, under the proposed .5% formula, the value of public art on projects of less than $100,000 would be so srrWl that the art would likely be insignificant. Similarly, the ordinance exempts construction, repair or alteration of buildings that is primarily financed with public funds or is necessary to meet City-mandated seismic rehabilitation or fire lateral replacement. Staff did.not feel that imposing a public art requirement was appropriate under these circumstances. Why does the ordinance apply only to non-residential development? The initial direction given to staff by the Council at the August 17, 1999, meeting was to design an ordinance which required a public art contribution from all privately-funded development, including residential. The concept presented by the Council was that even individual residences should contribute to a public art fund which could then be used to place art in a nearby park. Unfortunately, as indicated above, the City cannot require a monetary contribution toward public art. It can only call for the actual placement of art in a location visible to the public. As a result, builders of individual residences could purchase fancy bird baths or wind vanes from an artist, for example, and use them to fulfill their public art requirement. Given the amount of staff time that would be involved in approving these individual public art projects, we did not feel that the value to the community would warrant the effort. What about including public art in large housing developments? Staff believes that the inclusion of public art in a major housing development or subdivision, especially as an entry feature, or in open space or a neighborhood park, would be beneficial to the community. However, given the way such projects develop, staff feels that it is more appropriate to include a public art requirement as part of the specific plan, rather than trying to apply a percent-for-art requirement from an ordinance. The City's public art coordinator will work with appropriate Community Development Department planning staff to insure that such a requirement is included in appropriate specific plans. How will public art in private developments be approved? Preliminary design plans for the art will be provided as part of a public art application made to the Community DevejopiFent Council Agenda Report—Ordinance Requiring Public Art in Private Development Page 3 Department. The application and proposed artwork will be reviewed by a public art jury, using the criteria adopted in the City's Visual Arts in Public Places Program. The jury will be made up of a cross-section of community members, as defined in the same program. Upon the approval of the jury, the proposed artwork will go to the Architectural Review Commission (ARC) for approval. In many cases, ARC action on the public art may be simultaneous with ARC action on the proposed development itself. Who owns public art that is part of a private development project? Any public art included in a private development project remains the property of the owner of the development. However, there is language in the ordinance that requires the owner to maintain the public art so that it does not become a public nuisance. An owner may not remove the public art without the prior approval the City. Any artwork voluntarily donated to the City becomes the property of the City. How would this ordinance have affected some existing projects? If the ordinance had been in effect at the time that several new projects were being permitted, there would have been varying impacts on the project. • In the case of a smaller project, such as the new Frame Works building, a retail store with a dwelling above, the total construction cost of approximately $176,000 would have generated a requirement for public art valued at $880. The builder might have considered using that amount of money to enhance an existing feature of the building, meeting the City's public art criteria. Or the builder might have chosen to contribute that amount to the public art in-lieu fund, since it was not that large. • For an office building like the New Times building, valued at approximately $615,000, the public art requirement would have been valued at $2,575. This amount might have been sufficient to purchase an artist-designed bench to be placed outside the building. • The ordinance would have had a significant impact on a large development complex like the SLO Promenade. Since the ordinance requires public art for each building permit, and since there were seven different permits, one for each building in the project, the public art would have ranged in value from $1,340 for the smallest building to $8,887 for the largest. If, as allowed by the ordinance, the art requirements were combined, the total art value would have been about $30,500. (It should be noted that the SLO Promenade agreed to include a$10,000 piece of public art, but the requirement would have been larger if the ordinance had been in place.) Rescinding of Matching Grant Funding When the Visual Arts in Public Places Program was adopted by the Council in 1990, it included a section which established a matching grant fund to encourage the inclusion of public art in private construction projects. Matching grants were to occur on a dollar-by-dollar basis and criteria were established for approving such grants. For the past several years, this grant program has not been funded or used. With the passage of the proposed ordinance requiring public art in all privately-funded, non-residential projects, inclusion of public art becomes mandatory. It is no 1-3 Council Agenda Report—Ordinance Requiring Public Art in Private Development Page 4 longer necessary or appropriate for the City to include matching grants in its Visual Arts in Public Places Program. Staff is recommending that Section III, Exhibit A, "Criteria for Matching Grant Funding" of Resolution No. 6811 (1990 Series) be rescinded. (See Attachment 3.) CONCURRENCES The Public Works Director and Community Development Director concur with this ordinance. In addition, twenty=eight letters were sent to development-related and arts organizations with copies of the draft ordinance. They were invited to meet with staff to answer their questions and listen to concerns. None of them attended the informational session. Staff has also kept the Chamber of Commerce informed of the ordinance's development. FISCAL IMPACT It is anticipated that the ordinance with create some additional work for Community Development staff in both the Planning and Building Divisions. It will also have an impact on the Public Art Coordinator who must set up the public art juries and coordinate with the other departments involved. ALTERNATIVES 1. The Council could increase or decrease the one-half percent (.5%) value used to determine the cost of the required public art. Staff chose .5% because it was half as large as what the City requires in determining the required public art contribution for its own capital projects. 2. The Council could raise or lower the proposed $100,000 threshold. If it were raised, less public art would be generated. If it were lowered, as indicated earlier, the quality of the public art would be lowered also. 3. The Council could include all residential development in the ordinance. As indicated above, because only actual artwork can be required, the quality of the public art would be minimal and the impact on staff time would be significant. 4. The Council could exempt other types of development, or delete the proposed exemptions for government-funded construction or City-required retrofitting. Staff believes that the proposed exemptions are fair and that additional exemptions would lessen the impact of the ordinance and reduce the amount of public art produced by it. ATTACHMENTS 1. Draft Ordinance 2. Resolution rescinding matching grants. 3. Resolution No. 6811 (1990 Series) Visual Arts in Public Places Program 4. Examples of public art 1-4 ATT; CHWHENT 1 ORDINANCE NO. (2000 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO RELATING TO PUBLIC ART IN PRIVATE DEVELOPMENT WHEREAS, the City of San Luis Obispo desires to provide opportunities the general public to experience quality works of art by facilitating the acquisition, display and development of such works of art in places where they may be experienced by large numbers of people; and WHEREAS, balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values; and WHEREAS, the Land Use Element of the General Plan states that "The City will encourage inclusion of appropriate public art in all projects."; and WHEREAS, the City of San Luis Obispo has adopted a policy which requires one percent of all eligible municipally funded capital projects be contributed toward public art; and WHEREAS, the City of San Luis Obispo desires to further enhance the aesthetic environment of the City by requiring private property owners and developers to incorporate works of art in new developments and substantially improved developments in the City, or as a voluntary measure in lieu thereof, to donate public art or funds for public art; and WHEREAS, such works of art will be of intrinsic value to the developments in which they are located; and WHEREAS, City of San Luis Obispo desires to adopt an ordinance relating to public art in private development. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 17.98 shall be added to the Municipal Code and shall read as follows: Public Art Requirements for Private Development 17.98.010 Purpose The City of San Luis Obispo wishes to enhance the cultural and aesthetic environment of the City, and to encourage creativity and an appreciation of the arts and our cultural heritage. Through the establishment of a program of public art funded by private development, the City will promote the general welfare through balancing the community's physical growth and revitalization with its cultural and artistic resources. 1-5 Ordinance No. (2000 Series) Page 2 17.98.020 Definitions A. "Art in Public Places", as used in this Chapter, shall mean public art installed either on or off-site, as part of new development, in conformance with the standards set forth in this Chapter. B. "Non-residential development", as used in this Chapter, shall mean the construction of commercial, mixed use, office and industrial projects, which are not intended for residential purposes. C. "Public art", as used in this Chapter, shall include, but not be limited to, sculpture, monuments, murals, frescoes, bas-relief, mobiles, drawings, paintings, graphic arts, mosaics, photographs, fountains, decorative arts, ceramics, carving and stained glass located in or on a public place. It does not normally include landscaping, paving, architectural ornamentation or signs as defined by Chapter-15.40 of the Municipal Code. D. "Public Art Coordinator", as used in this Chapter, shall mean that City employee designated by the City Administrative Officer to be responsible for the City's Visual Arts in Public Places program. E. "Public Art Jury", as used in this Chapter, shall mean an appointed jury of no less that five (5) City residents including, but not limited to, as appropriate, a board member from the San Luis Obispo County Arts Council, an artist, a business representative, an educator/historian and a City or Advisory Body representative. F. "Public place", as used in this Chapter, shall mean City or privately owned land or buildings which are open to the general public on a consistent basis and which are also places of high visibility to the general public. G. `Total construction costs", as used in this Chapter, shall mean the valuation of the proposed structures or improvements, as calculated based on the most recent Building Valuation Data from the Uniform Building Code (UBC). 17.98.030 Public Art Account There shall be an account designated for public art, into which shall be deposited all fees paid pursuant to this Chapter. This account shall be maintained by the City Finance Director and shall be used for the acquisition, installation, and improvement of public art in the City. 1-6 Ordinance No. - (2000 Series) Page 3 17.98.040 Applicability The program described in this Chapter is a mandatory program and the standards specified are minimum standards for compliance. Participation in the program by itself does not qualify project applicants for consideration of increased project density/intensity as discussed in the Land Use Element of the City of San Luis Obispo General Plan. A. This chapter shall apply to all new non-residential development, as defined in this Chapter, having a total construction cost of $100,000 or more, as calculated based on the most recent Building Valuation Data from the Uniform Building Code (UBC). B. This chapter shall apply to all expansion of, remodeling of or tenant improvements to existing eligible buildings when any such work has a total construction cost of $100,000 or more, as calculated based on the most recent Building Valuation Data from the Uniform Building Code (UBC). 17.98.050 Exceptions The following development activities shall be exempt from the requirements of Section 17.98.040: A. Construction, repair or alteration of buildings to carry out rehabilitation of private property if that rehabilitation is primarily financed with public funds. B. Construction, repair or alteration of buildings to meet City-mandated seismic rehabilitation or fire lateral replacement. 17.98.060 Public Art Contribution A. The project applicant shall acquire and install public art approved by a public art jury and the Architectural Review Commission in a public place on or in the vicinity of the development project site. The minimum cost of the public art, including installation, shall be determined by the following allocation: 1. An amount equal to one-half of one percent (.5%) of that portion of the total construction costs in excess of ($100,000), for each building permit, computed using the latest Building Valuation Data as set forth in the Uniform Building Code (UBC) unless, in the opinion of the City's Chief Building Official, a different valuation measure should be used. 2. Should a project consist of multiple buildings with separate building permits, at the City's option, arrangements may be made to combine the public art requirements in an appropriate manner. 1-7 Ordinance No. (2000 Series) Page 4 3. In no event shall the required cost for public art under this program exceed fifty thousand dollars ($50,000) per building permit. B. As an option, the project applicant shall acquire and install public art, approved by a public art jury and the Architectural Review Commission and accepted by the City Council, in a City-owned public place not located at the development site. Cost of the public art shall be determined by the allocations set forth in Subsection A of this Section. Such public art shall be considered a donation to the City of San Luis Obispo. C. In lieu of placement of approved public art, the applicant may pay as a voluntary alternative, to a Public Art In-Lieu Account an amount equal to the program allocation set forth in Subsection A of this Section. 17.98.070 Application Procedures for Placement of Required Public Art on Private Property An application for placement of public art on private property shall be submitted to the Community Development Director and shall include: A. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public art; B. An appraisal or other evidence of the value of the proposed public artwork, including acquisition and installation costs; C. Preliminary plans containing such detailed information as may be required by a public art jury and the Architectural Review Commission to adequately evaluate the location of the artwork in relation to the proposed development and its compatibility to the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhoods; D. A narrative statement to be submitted to the Community Development Director to demonstrate that the public art will be displayed in an area open and freely available to the general public, or that public accessibility will be provided in an equivalent manner based on the characteristics of the artwork or its placement on the site. 17.98.080 Approval for Placement of Public Art on Private Property A. Applications completed in accordance with Section 17.98.070 shall be submitted to the Community Development Director for review and approval of the public art in accordance with this Chapter. B. The Community Development Director shall forward the completed application to the Public Art Coordinator who shall convene a public art jury to review the proposed public art using adopted public art evaluation criteria. 1-8 Ordinance No. (2000 Series) Page 5 C. Upon recommendation of the public art jury, the public art application shall be reviewed by the Architectural Review Commission. D. All approvals for placement of public art on private property shall be obtained prior to issuance of a building permit. 17.98.090 Application Procedure for Acceptance of Public Art Donated to the City An application for acceptance of public art to be donated to the City shall include: A. Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public art. B. An appraisal or other evidence of the value of the proposed public art, including acquisition and installation costs; C. A written agreement executed by or on behalf of the artist who created the public art which expressly waives his or her rights under the California Art Preservation Act or other applicable law. D. Other information as may be required by the Public Art Coordinator to adequately evaluate the propose donation of public art. 17.98.100 Review of Application for Acceptance of Public Art Donated to the City A. Prior to the issuance of grading and building permits, the applicant shall present to the Community Development Director for review, an application for acceptance of public art donated to the City,pursuant to Section 17.98.060(B). B. The Community Development Director shall forward the application to the Public Art Coordinator who shall convene a public art jury to review the proposed public art,using adopted public art evaluation criteria. C. Upon the recommendation of the public art jury, the application shall be forwarded to the Architectural Review Commission for review. D. Upon the recommendation of the Architectural Review Commission,the application shall be forwarded to the City Council, which shall have the sole authority to accept, reject or conditionally accept the donation. 17.98.110 Payment of Art In-Lieu Fee If the payment of an art in-lieu fee is voluntarily elected, the payment, in an amount equal to the program allocation set forth in Section 17.98.060 (C), shall be paid prior to the issuance of a building permit. 1-9 Ordinance No. (2000 Series) Page 6 17.98.120 Certificate of Occupancy The following requirements must be met prior to the City's issuance of occupancy permits. A. Full compliance with one of the following: 1. The approved public art has been placed on the site of the approved project, in a manner satisfactory to the Chief Building Official and the Public Art Coordinator; or 2. Donation of approved public art has been accepted by the City Council; or 3. In-lieu art fees have been paid. B. If public art has been placed on the site of the approved project, the applicant must execute and record with the County Recorder covenants, conditions and restrictions (CC&Rs), which require the property owner, successor in interest and assigns to: 1. Maintain the public art in good condition as required by the City's Public Art Guidelines; 2. Indemnify, defend and hold the City and related parties harmless from any and all claims or liabilities from the public art, in a form acceptable to the City Attorney; 3. Maintain liability insurance, including coverage and limits as may be specified by the City's Risk Manager. 17.98.130 Ownership of Public Art A. All public art placed on the site of an applicant's project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain with the owner of the site. B. Maintenance of public art, as used in this Chapter, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the City, protection of the public art 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's Risk Manager. Prior to placement of approved public art, applicant and owner of the site shall execute and record a covenant, in a form approved by the City, requiring maintenance of the public art. Failure to maintain the public art as provided in this Chapter is declared to be a public nuisance. 1-10 Ordinance No. (2000 Series) Page 7 C. In addition to all other remedies provided by law, in the event the owner fails to maintain the public art, upon reasonable notice, the City may perform all necessary repairs and maintenance or secure insurance, and the costs therefore shall become a lien against the real property. D. All artwork donated to the City shall become the property and responsibility of the City upon acceptance by the City Council. 17.98.140 Removal or Alteration of Public Art A. Public art installed on or integrated into a construction project pursuant to the provisions of this Chapter shall not be removed or altered without the approval of the City Council. B. If any public art provided on a development project pursuant to the provisions of this Chapter is knowingly removed by the property owner without prior approval, the property owner shall contribute funds equal to the development project's original public art requirement to the City's Public Art In-Lieu account, or replace the removed artwork with one which is of comparable value and approved the City Council. If this requirement is not met, the occupancy permit for the project may be revoked by the City Council upon due notice and an opportunity to be heard. The City may, in addition, pursue any other available civil or criminal remedies or penalties. SECTION 2. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance sholl go into effect at the expiration of thirty(30)days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at is meeting held on the day of 2000, on a motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: Lee Price,City Clerk Allen K. Settle, Mayor 1-11 Ordinance No. (2000 Series) Page 8 APPROVED AS TO FORM: L. Jeffrey Jorgensen, City Attorney 1-12 Al 1AUt ;"'-1t I ti RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING SECTION III,EXHIBIT A, "CRITERIA FOR MATCHING GRANT FUNDING", OF RESOLUTION NO. 6811 (1990 SERIES) WHEREAS, the Council of the City of San Luis Obispo adopted Resolution No. 6811 (1990 Series), Visual Arts in Public Places Program; and WHEREAS, the Visual Arts in Public Places Program established matching grant funding to encourage private developers to include public art in their projects; and WHEREAS, the passage of Ordinance No. (2000 Series) relating to public art in private development requires mandatory public art in all non-residential development with a construction cost in excess of$100,000; and WHEREAS, it is no longer appropriate or necessary for the City to offer a matching grant program. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section III, Exhibit A, "Criteria for Matching Grant Funding", of Resolution No. 6811 (1990 Series), Visual Arts in Public Places Program, (Exhibit A) is hereby rescinded. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 2000. ATTEST: Mayor Allen Settle Lee Price, City Clerk APPROVED AS TO FORM: Jeffrey G. Jorgensen, City Attorney 1-13 Visual Arts in Public Places Program Page 3 4. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information, and other amenities where appropriate. 5. Permanent public art shall be constructed of durable, high-quality materials and require minimal or no maintenance. Temporary public art shall be .constructed of materials appropriate to its duration of public display. 6. A wide variety of artistic expression is encouraged. Expressions of profanity, vulgarity, or obvious poor taste are inappropriate. 7. Artwork shall reflect a high level of artistic excellence. 8. Public art shall not directly or indirectly cause adverse environmental effects, or otherwise jeopardize public health, safety or welfare. III. CRITERIA FOR MATCHING GRANT FUNDING The city has established a matching grant fund to encourage public art. For every dollar of private investment, the City Council may match the expenditure on a dollar-for-dollar basis. Public art projects receiving matching funds should provide a clear public benefit and advance the city's public art goals: To achieve this,.the city has developed special review criteria. Projects seeking matching grant funds will require City Council approval, as described in Section IV below. The council will use the following criteria in evaluating funding requests: 1. Artwork shall be located 1) on publicly owned property or right-of-way, or 2) on private property if the artwork is secured through a public art easement. 2. Artwork should promote the city's Goals and Objectives for Public Art 3. The applicant has demonstrated sufficient experience and ability to successfully complete the public art project. 4. Projects which make creative and efficient use of resources will be given preference. I 5. Artwork shall be consistent with the city's Public Art Guidelines. 6. Artwork designed'and/or sponsored by a San Luis Obispo county resident, business or organization will be given preference. 7. The City shall be named as an additional insured and indemnified during construction and installation of the public artwork 8. Permanent artwork receiving city funds shall become City property. 1-1 ATAICH r11-N 3 RESOLUTION NO. 6811 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A VISUAL ARTS IN PUBLIC PLACES PROGRAM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Title and Content. The City Council hereby adopts the "Visual Arts in Public Places" program as described in Exhibits "A" and 'B" of the Community Development Department staff report dated May 1, 1990. SECTION 2. Definitions. For the purposes of this resolution, the following terms are defined as follows: (1) "Pisual Art in Public Places" or "Public Art" means any visual work of art displayed in a publically visible location: (a) in a City-owned area, (b) on the exterior of any city-owned facility, (c) within any city-owned facility in areas designated as public area, lobbies, or public assembly areas, or (d) on non-city- owned property if the work of art is installed or financed, either wholly or in part, with city funds or grants procured by the City; and if on private property, secured by a public art agreement between the City and the landowner. (2) "Work of Art" includes, but is not limited to,sculpture,monument,mural,fresco, bas-relies; mobiles, photography, drawing, handcrafts, painting, fountain, landscape composition, banners, mosaic, ceramic, weaving, calving, and stained glass. "Work of art" is the creative result of individual or group effort, and is either unique or of limited-issue nature, and is normally not mass-produced or intended primarily for a commercial market. "Work of art" does not normally include landscaping, paving, architectural ornamentation, or signs as defined by Chapter 15.40 of the Municipal Code. (3) "Capital Construction Project" means any project listed in the City's Financial Plan Capital Improvement Program, and paid for wholly or in part by the City of San Luis Obispo for public benefit. "Capital construction project". includes, but is not limited to building construction, addition, and remodel; parks; plazas; creek improvements and flood protection projects; bridges; streets, sidewalks, bikeways, trails other public transportation improvements;parking facilities, and similar public facilities as determined by the Community Development Director. (4) "Construction Cost" means the cost in dollars, as approved by the City Council or the City Administrative Officer, to construct a project. "Construction Cost" shall not include land acquisition, design, operation, or maintenance costs. 1-15 R 6811 Ai F�itil{i4 {'i 1 3 Resolution No. 6811 (1990 Series) Page 2 (5) "Eligible Project" means a capital construction project which is not exempt under the provisions of this resolution, .or by City Council or City Administrative Officer action. SECTION 3. Environmental Determination. After City Council review and consideration, the Community Development Director's decision to grant a negative declaration pursuant to the City Environmental Procedures and the California Environmental Quality Act is hereby affirmed. SECTION 4. Percent For Art. One percent (1%) of the total approved construction cost of eligible capital construction projects shall be expended for the design and installation of public art. SECTION 5. Responsibility For Implementation. The Community Development Director is responsible for administering the program. City departments responsible for the planning, design, and construction of eligible capital construction projects shall include public art in their projects, or shall otherwise meet the requirement through allocation of funds to the Public Art Program as described in Section 6. SELMON 6. Public Art Program. (1) Small capital construction projects, or projects in which the City Council or City Administrative Officer determines that it is not feasible or desirable to include public art due to site limitations or the project's location or design, may meet this requirement through allocation of one percent (1%) of their construction cost as an in-lieu contribution for citywide public art; (2) The Finance Director shall establish and maintain a Public Art Program in the Capital Improvement Plan for such a purpose; and (3) Program funds shall be used for the design, fabrication, and installation of public art, pursuant to the Visual Arts in Public Places Program, Exhibits "A" and 'B". 1-16 r fa3 r;Cx�4-EMIT -� Resolution No. 6811 0990 Series) Page 3 SECTION 7. Exempt Projects. The following types of projects are exempt from this percent for art requirement: (1) Utility projects, such as public water or sewer system improvements, pumps, and wells; (2) Underground projects, such as storage tanks and storm drains and similar items; (3) The City Council or the City Administrative Officer may exempt other projects from this requirement upon finding that: (a) installation of public art would be detrimental to public health, safety, or welfare; (b) the project is not suitable for the inclusion of public art; or is not visible by, used by, or accessible to the public; or (c) The project is itself a public art project. SECTION 8. San Luis Obispo County Arts Council. The San Luis Obispo County Arts Council shall assist the City by evaluating the technical and artistic merit of proposed public an projects by forwarding its comments to the Community Development Director or Architectural Review Commission. This is recognized as an appropriate function for the Arts Council, a non-profit agency, and no City funding is allocated for this advisory service. SECTION 9. Program Evaluation. The City Clerk shall schedule the public art program for Council review within one year of the date of this resolution. At such review, the Council may modify or suspend the program On motion of Councilman Roalman , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Ranpa, Reiss, and Mayor lhmin NOES: None ABSENT: None 1-17 Resolution No. 6811(1990 Series) Page 4 the foregoing resolution was passed and adopted this 15th day of Mag 1990. G-d'1 Mayor Ron Dunin ATTEST: ty erk oges i t i t i i i t i i i i Q <tyOfficer y orney, Community Developmen epartment Public Wo s epartment 1-18 I f" A17A0 'V' 1" 3 Resolution No.6811 (1990 Series) Page 5 Fie epartment a ecreation Department Fiaanc Director D/jh/pub-art5.wp 1-19 city of San WIS OBISPO ; p VISUAL ARTS IN PUBLIC PLACES PROGRAM I. PROGRAM GOALS AND OBJEC'T'IVES A. Goals The City of San Luis Obispo Shall: 1. Preserve and enrich the community's environmental quality by encouraging visual arts in public places for both public and private development. 2. Foster public art to enhance San Luis Obispo's character. I Promote opportunities for public participation in and interaction with public artworks and artists. 4. Expand access to the arts for residents and visitors, with special attention to the needs of under-served audiences, such as children, low-income families, senior citizens, and disabled persons. 5. Support a diversity of public art styles, media, programs, and.artists through its matching grants program for public art. 6. Encourage public artworks which celebrate and reaffirm the community's historical, socio-cultural, and aesthetic values, and which provide a sense of continuity for future generations. 7• Expand citizen awareness and appreciation of the visual arts as a key part of the community's identity and quality of life. B. Objectives To achieve these goals, the city will: 1. Strongly encourage the inclusion of visual arts in new public and private development projects in the PF, O, C-G C-R and C-T zones through its development review process. 2. Evaluate, and where appropriate, revise its General Plan, Zoning and Subdivision Regulations and other-pertinent.polides*and standards to provide incentives for and remove.obstacles to public art.. . I " Ate,'. .. 3 ,Lh•: l Visual Arts in Public Places Program Page 2 3. Develop and implement, in conjunction with San Luis Obispo County Arts Council, administrative policies for public art acquisition, administration, funding and long-range planning. 4. Expand the range and depth of financial support sources for the visual arts, including the possibility of using a portion of an increase in transient occupancy tax or sales tax to support "public arts programs". 5. Include funding for public art planning and development in the city's Capital Improvement and Capital Reinvestment Programs where feasible, including an on-going matching grant fund for public art. 6. Include public art in new capital projects such as parks, city buildings, public plazas and major street projects;and allocate at least 1 percent of total capital construction costs for the installation of public art II. GUIDELINES FOR PUBLIC ART Art eludes precise definition or regulation. Art in public context, unlike art in private collections or museums, is linked to the community in complex ways. It both shapes and reflects the community's perception of itself — its character and its values. And it must address and respond to a wider audience than art in museums or private collections. Recognizing this difference, cities and counties have developed various guidelines to encourage the widest possible range of artistic expression, while ensuring that artworks express the community character and values, and meet reasonable criteria applicable to other types of"development projects". The following guidelines will help artists, citizens, commission and council members and staff understand the city's expectations for public art. They are not intended to unduly restrict creative expression, or limit the types of public art possible. Rather, they are intended to achieve the best possible mating of site and artwork, and guide what is essentially a form of.communication between the artist and the community. They are interpreted by the City Council and the Architectural Review Commission, with technical and procedural assistance from the San Luis Obispo County Arts Council. 1. Public art shall be located within the public right-of-way, or shall otherwise be easily visible or accessible from a public right-of-way. 2. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 3. Public art shall be compatible with.the immediate site and neighborhood in terms of architectural scale, materials, land use and the site's historical and environmental context. Visual Arts in Public Places Program Page 3 4. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information, and other amenities where appropriate. 5. Permanent public art shall be constructed of durable, high-quality materials and require minimal or no maintenance. Temporary public art shall be constructed of materials appropriate to its duration of public display. 6. A wide variety of artistic expression is encouraged. Expressions of profanity, vulgarity, or obvious poor taste are inappropriate. 7. Artwork shall reflect a high level of artistic excellence. 8. Public art shall not directly or indirectly cause adverse environmental effects, or otherwise jeopardize public health, safety or welfare. III. CRITERIA FOR MATCHING GRANT FUNDING The city has established a matching grant fund to encourage public art. For every dollar of private investment, the City Council may match the expenditure on a dollar-for-dollar basis. Public art projects receiving matching funds should provide a clear public benefit and advance the city's public art goals.' To achieve this,the city has developed special review criteria. Projects seeking matching grant funds will require City Council approval, as described in Section IV below. The council will use the following criteria in evaluating funding requests: 1. Artwork shall be located 1) on publicly owned property or right-of-way, or 2) on private property if the artwork is secured through a public art easement. 2. Artwork should promote the city's Goals and Objectives for Public Art. 3. The applicant has demonstrated sufficient experience and ability to successfully complete the public art project 4. j Projects which make creative and efficient use of resources will be given preference. 5. Artwork shall be consistent with the city's Public Art Guidelines. 6. Artwork designed and/or sponsored by a San Luis Obispo county resident, business or organization will be given preference. 7. The City shall be named as an additional insured and indemnified during construction and installation of the public artwork. 8. Permanent artwork receiving city funds shall become City property. 122 All 1A. Visual Arts m Public Places Program Page 4 IV. PUBLIC ART REVIEW PROCESS Public art projects shall be reviewed according to the chart shown in Exhibit"B". All public art shall require review and approval by the City's Architectural Review Commission,except for those public art projects determined by the Community Development Director to be minor or incidental. Hearing, notice and appeal procedures shall be as provided for architectural review, Chapter 2.48 of the Municipal Code. Public art in major City capital projects, or public art projects for which matching city funds are requested, shall require City Council approval. The San Luis Obispo County Arts Council will assist the City in the review of public art. A subcommittee of the Arts Council will, on request by the City, evaluate artworks on their technical and artistic merits, and make recommendations to the Architectural Review Commission and City Council. V. INCENTIVES FOR PUBLIC ART To promote the inclusion of public art in both public and private projects, the City shall undertake, as appropriate, the following actions to implement the Visual Arts in Public Places program: 1. Waive processing and permit fees for public art projects. 2. Increase matching grant funding or allow unused grant funds to accrue from one budget cycle to the next. 3. Consider allowing density bonuses or height exceptions to projects which include public art tied to open space at ground level. For example, a project which included sculpture and mini-plaza might receive height or coverage exception to allow additional floor area comparable to the area devoted to public art. 4. Work with the county and state to explore possible tax incentives for public arL 5. Revise setback regulations (Section 17.16.020) to allow public art within setback areas, with provision allowing direction discretion to require use permits for large artworks, or for those whose placement lmay have solar, traffic or environmental impacts. 6. Clarify Sign Regulations relative to public arL 7. Minimize public review time by waiving construction permit requirements, where allowed by law, for most types of public art, including:. temporary artworks, projects which do not involve significant structural work, and projects which do not affect public health or safety (eg., the mural or bas- relief on existing wall); and by allowing over-the-counter .construction permits . .; {_. r i frY j' 1 3 Visual Arts in Public Places Program Page 5 for all but structurally complex artworks. 8. Consider allowing public art to meet a portion of the total required common open space in condominium projects. 9. Redefine "structure" in the Zoning Regulations (Section 17.04.410) so that public artworks are excluded for determining setbacks or building/lot coverage. VI. ADDITIONAL TASKS These are additional tasks to be completed as part of a comprehensive public art program, listed in the recommended order of implementation: 1. Establish Administrative Procedures - In addition to public art policies established by the City Council, administrative procedures are needed to support the overall goals of the program. These would include: artist selection procedures, community involvement, interagency cooperation, contract preparation, art .collection management guidelines, insurance and liability, and conflict resolution. 2. Artist Involvement -The ARC is the primary City advisory body charged with reviewing public art. To assist the ARC in its role, at least one member of the commission should be an artist, or have a strong background in the visual arts. This would help commissioners understand art issues, and provide the technical expertise to understand public art media, techniques, and design implementation. 3. Public Art Brochure - To assist community groups, developers, and citizens, the City will prepare a brochure which explains the public art program: goals and objectives, matching grant funding, and the design review process. The brochure would be made available through:the Arts Council, and at the City Community Development and Engineering Departments. 4. Education Program - The success of public art is measured largely by the community's understanding of an and appreciation for this art form as a cultural resource. To promote such understanding, the City will help sponsor an educational program which may include: public art activities in elementary school classes, occasional articles on public art in the SLO Newsletter, San Luis Obispo City/County.labrary displays,and:promotion of public art among civic organizations. S. Program Evaluation - The public art program should be evaluated on a regular basis, initially one year after adoption (on or before May 15, 1991), and then every 2 years, in conjunction with the city's budget cycle. The written evaluation would describe the status of public art projects, evaluate policies and,procedures,-and spggest changes.to.the program;.as appropriate All Ertl.:ii•..._. . ; PUBLIC ART REVIEW PROCESS LEGEND SUBMIT NORMAL REVIEWAPPLICATION SPECIAL REVIEW PUBLIC HEARING IF MINOR OR TEMPORARY ARTWORK STAFF r--------- EVALUATION I NOT MINOR OR TEMPORARY MINOR OR INCIDENTAL IF IN CITY PARK IF MATCHING GRANT FUNDING REQUESTED ARCH.REVIEW r- - - ROUTING ----------� I I i MAJOR CITY-FUNDED I PARKS& ARCHITECTURAL PROJECTS OR PROMOTIONAL RECREATION IF APPEALED - REVIEW -- COORDINATING I COMMITTEE COMMISSION , COMMITTEE I j t I L--------- PERMITCITY COUNCIL INSTALL ARTWORK a Ir w 1•~���Y`7•. 1 t - 8 a � -r c ' • ' 1 t 'm _ _ ��I� �'�Crn.r._.L'am•� R � Y t 1 � •�.0 l 1Y �.r L n4 Y 24. to 1 r � t � �•1�'�~ / 1 �`E.y¢"+1-i�r"Ik-�jNAC�a I��,,,_ �4 "a N; _ 1 .'N� YAR ,1 ��• Y �}Fa�r=.+� K ... e :: jti��4'�mr t•�'r C.r! � rC�M 7 r SS { � r y ) JFJ myy[ so >r� �� 7 w vi< n'h- �.k { �s t-t•o-.,`4T�R.��Y'+��4.4 tw�i +r i =ti s P �/I_LSI a2 Alrh_JLSwy-�yAG� IJ 't Y}"�i ti �11 1 a � >. 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