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HomeMy WebLinkAbout02/18/2003, PH1 - APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DETERMINATION THAT A SCULPTURE PROPOSED FOR THE COR r i COUnat Meeting Dat l j acEnaa Repoat "wb. C I TY OF SAN LU IS O B I S P O FROM: John Mandeville,Community Development Director Prepared By: Michael Codron,Associate Planner SUBJECT: APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DETERMINATION THAT A SCULPTURE PROPOSED FOR THE CORNER OF TANK FARM ROAD AND LONG STREET IS INCOMPATIBLE WITH THE CITY'S PUBLIC ART GUIDELINES; 3889 LONG STREET; ARC 113-01 ARC RECOMMENDATION Deny the appeal, and deny the proposed artwork because the proposed art is not consistent with Guideline#4 of the Guidelines for Public Art. CAO RECOMMENDATION Uphold the appeal and determine that the proposed artwork is consistent with the Guidelines for Public Art, as recommended by the Art Jury. DISCUSSION Situation On January 6, 2003 the Architectural Review Commission (ARC) reviewed a public art proposal for the Kennedy Fitness Center (Attachment 1, Vicinity Map). The proposed artwork is a sculpture of two dolphins vertically positioned head to tail (Attachment 2). On a 4-2 vote (Smith and Schultz voting no, Root absent), the ARC determined that the artwork was not compatible with Guideline #4 of the City's Public Art Guidelines, which requires artwork to be compatible with the immediate site and neighborhood in terms of historic, social and cultural characteristics (Attachment 3). The Commission determined that the subjects of the artwork,two dolphins,were not compatible with the guideline because of the agricultural setting and historic characteristics of the Tank Farm Road location. Members of the Commission also expressed their opinions that public art should be "business neutral," and the Commission ultimately recommended that the applicant issue an RFP (Request for Proposal) through the County Arts Council to insure a business neutral piece of art that was compatible with Guideline#4. Data Summary Address: 3889 Long Street Applicant/Property Owner: Kevin Kennedy Representative: Larry Brebes,Artist Zoning: M-SP (Manufacturing-Specific Plan) General Plan: Services and Manufacturing Council Agenda Report - Kennedy Public Art Appeal Page 2 Site Description The project site is located at the northeast corner of Tank Farm Road and Long Street (Attachment 1). The artwork is proposed adjacent to the intersection, in an area designated on the approved landscape plan for a monument sign (Attachment 2). Earth berms and landscaping are also shown on the approved plans in this area. The sculpture would be bordered by public sidewalks and the parking lot for the Kennedy Fitness Center. Proiect Description The project is the installation of a sculpture, in compliance with the City's Art in Public Places program. Signage for the Kennedy Fitness Center is proposed at the base of the sculpture. Evaluation Background Info on Public Art Ordinance No. 1372 was adopted in 2000 establishing public art requirements for private development (Attachment 4). Commercial projects that have a valuation of over $100,000 are subject to the requirement, which can be met in three different ways. The most common method of compliance to date has been the in-lieu fee, which is set at one-half of one percent of that portion of the total construction costs in excess of $100,000. Applicants may also meet the requirement by installing approved"public art on private property, or they may donate approved artwork to the City. Proposed Artwork and the Approval Process The proposed artwork is a depiction of two breaching dolphins. The dolphins are situated one above the other, head to tail. As designed by the artist, this sleek, vertical orientation is fitting to the dolphins. And, although the footprint of the sculpture is small, the vertical design provides for an appropriate height and scale. The sculpture would be 10' to 12' tall and would sit on a 6' tall base, for a total height of 16' to 18'_ The sculpture is constructed from bronze that is used to define the perimeter of each dolphin. The dolphins are not solid, providing a lightness that is well suited to the dolphin form. The "see-through" nature of the piece adds interest because it allows for views through to the sky, mountains and trees in the background. Approval of artwork to be placed on private property is a two-step process. The first step is a review by the City's Public Art Jury and the second step is ARC review. The Jury review is arranged by the City's Public Art Coordinator and the typical make-up of a Jury would include an area resident, an area business owner or employee, and members of the City's art community. A new Jury is convened for each public art proposal. The purpose of the Art Jury review is to provide a critique of the artwork from the point of view of professionals from the art community and people who live and work in the vicinity of the proposed art. The jurors for this project were Pierre Rademaker (Design Professional), Joy Hanson (Arts. Council Representative), Tim Beckwith(Artist),Karen.Ellsworth(Farm Supply, neighbor), and Precilla Beadle (Artist). r ( - oS Council Agenda Report Kennedy Public Art Appeal Page 3 Jury Review The dolphins are the second proposal submitted by the applicant for the project. The original proposal was a smaller sculpture that included human figures with much more detail. After review of this initial proposal, the art jury determined that it included too much detail, which would be lost in.the large-scale setting of the Tank Farm Road/Long Street intersection. At that time the art jury directed the applicant to focus on a single feature from the original sculpture and make it large-scale to match the setting. The applicant and artist chose to focus on the dolphins from the original piece, and the art jury determined that the revised proposal appropriately addressed the jury's original concern with scale. The jury recommended that the ARC approve the artwork and.provided some recommendations, as listed in the ARC agenda report for the project(Attachment 7). ARC Review Broad design review authority of public art is typically reserved for the Art Jury. The City's public art review process limits the ARC's review to .a determination of consistency with the Guidelines for Public Art(Attachment 5). In this case, the artwork was approved by the Art Jury, after revisions were made, but the ARC determined that the proposed dolphins were not consistent with Guideline#4, which states that public art shall be compatible with the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. The ARC did not support the use of the dolphin in the inland setting and particularly along Tank Fane Road with its agricultural context. The ARC also expressed the concern that the proposed artwork was not business neutral, and that the dolphin could function as a logo or other identifier for the business. The ARC continued the item and recommended that the applicant go through the County Arts Council to issue an RFP, which would provide the applicant with a range of independent art choices for the location. After the ARC meeting, the Community Development Director determined that the action to continue the project and come back with a different work of art was equivalent to a denial of the proposed sculpture and the applicant was given the opportunity to appeal the ARC action. Appeal Filed On January 15, 2003, the applicant, Kevin Kennedy, filed an appeal of the ARC's action citing a disagreement with the ARC's determination with respect to Guideline #4 (Attachment 6). Appeals of ARC actions are referred directly to the City Council. After the appeal was received, the item was scheduled for the next available City Council agenda. Recommendations The CAO recommendation differs from the ARC recommendation because the proposed sculpture can be interpreted to be compatible with the immediate site and neighborhood in terms of social and cultural characteristics, land use and environmental context in satisfaction of Public Art Guideline 44. The evaluation of the art is essentially subjective won the support of the Art Jury after changes were made. If the approval process becomes too complex, with multiple Council Agenda Report - Kennedy Public Art Appeal Page 4 parties changing direction based on subjective considerations, the extension of the public art program to the private sector may lose its appeal and support. A second reason for the CAO's recommendation has to do with the direction given to the appellant to use an RFP process. The Public Art Ordinance (Attachment 4) allows the commissioning process to be at the discretion of the applicant. The ARC's direction that the applicant use the RFP process takes away the developer's discretion. The Art Jury has supported the proposed artwork because it is a unique sculpture that represents high artistic quality, both in design and materials, and staff is recommending that the Council uphold the appeal because it can be found consistent with the Guidelines for Public Art, including Guideline #4. The ARC has concluded that the artwork is not consistent with Guideline #4 because dolphins are not compatible with the project site in terms of its historical and environmental context. Findings for denying the appeal, as recommended by the ARC, are included in draft resolution "A" (Attachment 8). Findings and conditions for upholding the appeal and approving the proposed artwork are included in draft resolution`B" (Attachment 9). FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a neutral fiscal impact. ALTERNATIVES 1. Continue consideration of the appeal, if more information is needed, and provide direction to staff and to the applicant on issues that need to be resolved before the Council can make a final decision on the artwork. 2. Deny the appeal but modify the direction of the ARC. Direct the appellant to use a subject other than a dolphin to better reflect the setting of the piece, but do not require the use of an RFP process. Attachments: Attachment 1: Vicinity map Attachment 2: Rendering of proposed sculpture Attachment 3: ARC Action Letter and Minutes from the 1-6-03 meeting Attachment 4: Public Art Requirements for Private Projects (SLOMC 17.98) Attachment 5: Guidelines for Public Art Attachment 6: Appeal filed by Kevin Kennedy, dated ]-15-03 Attachment 7`. ARC Agenda Report for 1-6-03 meeting Attachment 8: Draft Resolution "A" with the ARC recommendation Attachment 9: Draft Resolution`B"with the CAO recommendation L:/mcodron/camciVkennedy art appealdoc Attachment 1 Y1 R-2-S M-SP M-SP s � Yfs r{ TANK FARM CS —PD C—S—S CROSS vicinity Map ARC 113-01 ® 30 0 30 60 Feet 3889 Long Kennedy Public Art i \l i fig di fl / Attachment 2 do [.& l! LP -� Attachment 3 city of san WIS OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 January 8, 2003 Kevin Kennedy Kennedy Club Fitness of SLO c/o 3534 EI Camino Real Atascadero, CA 93442 SUBJECT: ARC MOD 113-01: 3889 Long Street Review of Public Art for the Northeast, corner of Long Street and Tank Farm Road Dear Mr. Kennedy: The Architectural Review Commission, at its meeting of January 6, 2003, continued consideration of the public art proposal and recommended that the applicant work with the County Arts Council on a RFP with direction to provide public art that is consistent with the Guidelines for Public Art. The ARC determined that the current proposal was not consistent with Guideline #4, which states, "Public art shall be compatible with the immediate site and neighborhood.in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. If you have questions, please contact Michael Codron at 781-7175. Sincerely, Ro ald Whise and Deputy Com unity Development Director Development Review cc: County of SLO Assessor's Office The city of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. v Telecommunications Device for the Deaf(805) 781-7410. 1 - � DRAFT Attachment 3 SAN LUIS OBISPO ARCHITECTUAL REVIEW COMMISSION MINUTES JANUARY 6, 2003 ROLL CALL: Present: Commissioners Michael Boudreau, Jim Lopes, David Smith, Zeljka Howard, Vice Chair Rob Schultz, and Chairperson Stevenson. Absent: Commissioner Allen Root. Staff: Associate Planner Michael Codron, Utilities Director John Moss, and Recording Secretary Irene Pierce. PUBLIC HEARINGS: 2. 3889 Lona Street. ARC MOD 113-01; Review of Public Art proposed for the northeast corner of Long Street and Tank Farm Road; M-SP zone; Kevin Kennedy, applicant. Associate Planner Michael Codron presented the staff report-recommending approval of the proposed public art sculpture as recommended by the art jury. Chairperson Stevenson questioned how this sculpture meets Finding #4 of the Public Art Guidelines. Planner Codron responded that is an appropriate discussion and the finding should be made by the Commission. Commr. Howard questioned why this particular art piece was chosen? Planner Codron replied the original proposal was different, involving a dolphin and human figures. The art jury recommended that the artwork be simplified so the artist chose to focus on the dolphin forms. Chairperson Stevenson questioned if there were other proposals? Planner Codron replied no. The artwork was commissioned by the applicant and he worked directly with the artist of his choosing. PUBLIC COMMENTS: MaryBeth Schroeder, 2085 Wilding Lane, SLO, commented that the dolphins are suitable, but questioned if it is safe for the public to go to Kennedy Center because of soil contamination. Attachment 3 Chairperson Stevenson replied it was not their focus to review the safety, only the art that is proposed. Kevin Kennedy, applicant, explained they wanted to do something that was a standout on the corner and feels the landscaping design will compliment the sculpture. He explained why they came up with dolphins and what kind of lighting would be on the sculpture and how the name of the sign would try be incorporated into the rock feature in front of it. He said that the sculpture is about 17-feet tall. Commr. Lopes asked if the lighting would be inside the dolphin shapes. Mr. Kennedy explained they considered doing it in a plexiglas form with high bracket lighting, but mentioned the lighting still needs to be designed. He noted the Airport Land Use Commission did not want any upright lighting. There were no further comments made from the public. COMMISSION COMMENTS: Chairperson Stevenson commented he could not support this art sculpture because it is not appropriate for the location and does not meet Guideline #4. He feels true public art should be business neutral. He suggested something that ties more to the agricultural history of the area. Commr. Lopes questioned if the City would benefit more from an in-lieu fee. Planner Codron replied that the requirement could be met by paying an in-lieu . fee, but the applicant would prefer to put the money towards improving his own property, and the ordinance allows him to make that decision. Commr. Lopes concurs that public art should be business neutral and should reflect the context of the site and be compatible with the history and the character of the town. Commr. Howard questioned what would be the other option? Planner Codron explained if this proposal were denied because of finding 4, then the applicant would have the opportunity to redesign the artwork and come back before the Commission. Commr. Smith felt they should call this proposal signage. Planner Codron responded that the sign is before the Commission because it is integrated with this artwork. Vice-Chair Schultz questioned what would be appropriate for this location? Chairperson Stevenson replied there are a lot of choices. Attachment 3 Commr. Lopes suggested some wildlife. Planner Codron stated that the proposed artwork was approved by the art jury and noted it is a nice piece. He stated that based on the guidelines, staff did not see any conflicts or incompatibilities with the dolphin. Chairperson Stevenson commented there is no connection to dolphins with the Tank Farm Road setting and stated it would be more appropriate for an ocean setting. He suggested something that represents the setting in this area. Vice-Chair Schultz moves the staff recommendation, to approve the proposed art as recommended by the art iury. Seconded by Commr. Smith. Commr. Lopes commented that part of this has to do with the signage and suggested the two-foot wall be the base for the sign. Commr. Howard expressed that she is torn and feels if they look at the guidelines it would be hard for them to find that the dolphins are compatible with the site and the neighborhood. Vice-Chair Schultz expressed support for the signage and suggested adding a water feature to the sculpture. Planner Codron stated that the art jury considered a water element as part of the original proposal, but the fountain was eliminated in an effort to simplify the piece. Chairperson Stevenson expressed concern that this would set a precedent for public art and feels they could not make Finding #4. He commented it is part of a business promotion and feels this could be associated with the business as a logo. AYES: Commrs. Schultz and Smith. NOES: Commrs. Boudreau, Howard, Lopes, and Chairperson Stevenson. ABSENT: Commr. Root. ABSTAIN: None. The motion failed 4-2. There was much discussion on giving the applicant direction. Chairperson Stevenson commented they like this corner for public art and suggested something with a more historical context. �^ K ) Attachment 3 Commr. Lopes moved they continue consideration of the project and ask the applicant to provide a different proposal. He suggested encouraging the applicant to work with the public art coordinator to issue an RFP through the County Arts Council, and asked if the applicant could provide a financial guarantee to enable issuance of the building permits before the artwork is approved. He encouraged the applicant to work with the public art coordinator to seek public art that meets guideline #4, so that the art is specific to the San Luis Obispo context. Seconded by Commr. Howard. AYES: Commrs. Lopes, Howard, Boudreau, and Chairperson Stevenson. NOES: Vice-Chair Schultz and Commr. Smith. ABSENT: Commr. Root. ABSTAIN: None. The motion carried 4-2. Attachment 4 San Luis Obispo Municipal Code Chapter 17.98 PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT Sections: 17.98.010 Purpose. 17.98.020 Definitions. 17.98.030 Public art account. 17.98.040 Applicability. 17.98.050 Exceptions. 17.98.060 Public art contribution.. 17.98.070 Application procedures for placement of required public art on private property. 17.98.080 Approval for placement of public art on private property. 17.98.090 Application procedure for acceptance of public art donated to the city. 17.98.100 Review of application for acceptance of public art donated to the city. 17.98.110 Payment of art in-lieu fee. 17.98.120 Certificate of occupancy. 17.98.130 Ownership of public art. 17.98.140 Removal or alteration of public art. 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.(Ord. 1372 § 1 (part),2000) 17.98.020 Definitions. As used in this chapter: A. "Art in public places" 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. "Nonresidential development" shall mean the construction of commercial, mixed use, office and industrial projects,which are not intended for residential purposes. C. "Public art" 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 include landscaping, paving,architectural ornamentation or signs as defined by Chapter 15.40 of this code. D. "Public art coordinator" 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" shall mean an appointed jury of no less that five 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" shall mean city or privately owned land or buildings which are open to the general Printed from Folio Views Page I Attachment 4 San Luis Obispo Municipal Code public on a consistent basis and which are also places of high visibility to the general public. G. "Total construction costs"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). (Ord. 1372 § 1 (part), 2000) 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.(Ord. 1372 § I (part),2000) 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 nonresidential development, as defined in this chapter, having a total construction cost of one hundred thousand dollars 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 one hundred thousand dollars or more, as calculated based on the most recent Building Valuation Data from the Uniform Building Code (UBC). (Ord. 1372 § 1 (part),2000) 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. (Ord. 1372 § I (part), 2000) 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 of that portion of the total construction costs in excess of one hundred thousand dollars, 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. Printed from Folio Views Page 2 Attachment 4 San Luis Obispo Municipal Code 3. in no event shall the required cost for public art under this program exceed fifty thousand dollars per building permit. B. As an option,the project applicant may 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. (Ord. 1372 § 1 (part), 2000) 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. (Ord. 1372 § 1 (part), 2000) 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. 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. (Ord. 1372 § 1 (part), 2000) 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 Printed from Folio Views Page 3 Attachment 4 San Luis Obispo Municipal Code 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 proposed donation of public art. (Ord. 1372 § 1 (part), 2000) 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. (Ord. 1372 § 1 (part),2000) 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. (Ord. 1372 § I (part), 2000) 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. (Ord. 1372 § 1 (part),2000) Printed from Folio Views Page 4 115 Attachment 4 San Luis Obispo Municipal Code 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. 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. (Ord. 1372 § 1 (part), 2000) 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 by 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. (Ord..1372 § 1 (part),2000) Printed from Folio Views Page 5 � l � Attachment 5 GUIDELINES FOR PUBLIC ART 1. Public artwork shall be original and of high artistic quality. 2. 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 3. Interior locations for public art shall be freely open and accessible to the public. 4. Public art shall be compatible with the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 5. Public art proposed for areas of high historical sensitivity, such as Mission Plaza and its creek, should be given the closest scrutiny, including input from the Historical Society, before approval by the jury. 6. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information and other amenities where appropriate. 7. Consideration shall be given to potential conflicts with present or future vegetation or construction. 8. The design and placement of public art shall not impedepedestrian or vehicle traffic, or conflict with public or private easements. 9. Consideration shall be given to any public safety or public health concerns created by the artwork. 10. 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. 11. Public art shall be securely installed. 12. A wide variety of artistic expression is encouraged. However, expressions of profanity, vulgarity or obvious poor taste are inappropriate. 5 ' ttaAmenf 6 _ - Date Received j RECEIVED City Of Sall LUIS OBISPO JAN 15 2003 FF APPEAL TO THE CITY COUNCIL SECTION i. APPF LANT INFORMATION C_\11AJ C"u a q.CA,10V6 I&AL Name Mailing Address-and Zip Code qqF ALVkl Phone Fax &/A Representa e's Name Mailing Address and Trp Code Title Phone Fax SECTION 2. SUBJECT OFAPPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Cod_a (copy attached) I hereby a peal the decision of th : _A& .�_c 6', ' roh'a s 3-0 (Name of ion de icer, Committee or Commission being appealed) 2. The date the decision being appealed was rendered: 3. The application or project was entitled:Cacmqq, Qf FARI—L 4. 1 discussed the matter with the followin�City staff member: _V1,2z 'I A61, C-00PUN on (Staff Member's Name and Department) (Da SECTION 3. REASON FOR APPEAL Explain specifically what actiords you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 I - [q Attachment 7 CITY OF SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT ITEM#2 FROM: Ron Whisenand, Deputy Direc&4 MEETING DATE: January 6, 2003 BY: Michael Codron, Associate Planner(781-7175) FILE NUMBER: ARC 113-01 PROJECT ADDRESS: 3899 Long Street SUBJECT: Architectural review of public art proposed for the Kennedy Fitness Center. SUMMARY RECOMMENDATION: As recommended by the art jury, approve the proposed public art sculpture. BACKGROUND: Situation Public art is proposed to satisfy the Art in Public Places requirement for the Kennedy Fitness Center (Attachment #3). The proposed artwork was evaluated by an art jury on December 11, 2002, based on the City's Guidelines for Public Art (Attachment #4). The jury recommended that the ARC approve the proposed artwork with specific recommendations on the materials and the design of the sign face (Attachment #5). The applicant has submitted a building permit application for the fitness center, but must receive ARC approval of public art before construction related permits will be issued. Data Summary Address: 3899 Long Street Applicant/Property Owner: Kevin Kennedy Artist: Larry Brebes Zoning: C-S-SP (Commercial Service, Specific Plan) General Plan: Services and Manufacturing Environmental Review: Categorically exempt(CEQA Guidelines 15303) Site Description The project site is located at the northeast corner of Tank Farm Road and Long Street (Attachment #1). The artwork is proposed for the comer of the property, in an area designated on the approved landscape plan for a monument sign, berming and landscaping (Attachment#2). The sculpture would be bordered by public sidewalks and the parking lot for the Kennedy Fitness Center. Project Description The project is the installation of a sculpture, in compliance with the City's Art in Public Places program. Signage for the Kennedy Fitness Center is proposed at the base of the sculpture. `_ 0 Attachment 7 ARC 113-01 (Kennedy A Page 2 EVALUATION The design submitted to the ARC is the second art proposal for the project. The original proposal was a smaller sculpture that included human figures with much more detail. The art jury determined that the original proposal was not appropriate for the location because the detail would be lost in the large-scale setting of the parking lot and public streets. After review of the revised design, the art jury determined that the artist appropriately addressed the jury's original concern with scale, and recommended that the ARC approve the artwork. The revised design is a depiction of two breaching dolphins. The dolphins are situated one above the other, head to tail. As designed by the artist, this sleek, vertical orientation is fitting to the dolphins. And, although the footprint of the sculpture is small, the vertical design provides for an appropriate height and scale. The sculpture would be 10' to 12' tall and would sit on a 6' tall base, for a total height of 16' to 18'. The sculpture is constructed from bronze that is used to define the perimeter of each dolphin. The dolphins are not solid, providing a lightness that is well suited to the dolphin form. The "see-through" nature of the piece adds interest because it allows for views through to the sky, mountains and trees in the background As part of its recommendation, the jury has forwarded 6 comments to the ARC for consideration. 1. The sculpture should be bronze with a polished finish(not patina). 2. Lettering for the signage should also be bronze with a polished finish. Staff is recommending backlighting of individual bronze letters. 3. The sculpture should be designed with some depth, or other 3-dimensional characteristic, and should not appear too flat. 4. The sculpture should be lit. 5. The art work should be incorporated into the landscaping plan and site plan to insure proper execution. 6. The jury recommended two alternatives for the sign display, since the proposed lettering is too large to be displayed on the sculpture base as proposed. Staff is recommending that the ARC direct the applicant to comply with the Sign Regulations standards for the size of monument signs, which will reduce the size of the proposed sign by half. The above items are incorporated into the staff recommendation as conditions of approval. If the ARC approves the proposed sculpture, the applicant would revise the landscaping plan and the site plan in the current building permit application. The changes would be reviewed by the Community Development Director for consistency with past and present ARC approvals for the project. l - � ARC 113-01 (Kennedy A Attachment 7 Page 3 Signage The Sign Regulations limits monument signs to 24.square feet in area and six feet in height. As a result, the proposed 24" sign letters will most likely have to be reduced in size. The applicant has incorporated signage into the public art proposal to avoid conflicts between the art and signage, but the details of the letter size and location have not been solidified. The art jury recommended that the applicant consider two alternatives for the sign display so that the stone base of the sculpture did not have to be overly large. The first alternative shows the sign detached from the base of the artwork, which significantly reduces the circumference of the base. The second alternative would be to set the sculpture on a pie-shaped base, also reducing the area of the structure. The ARC should express a preference for one of the two alternatives, or if both are acceptable, the artist and sign manufacturer can work together to determine the most efficient base design to use, subject to review and approval by the Community Development Director. ALTERNATIVES: 1. Grant schematic approval to the project and provide specific direction to the applicant and staff regarding additional information necessary to make a final decision on the project. 2. Continue consideration of the project if additional information is necessary to make a decision. 3. Deny the request if the proposed pubic art is determined to be inconsistent with the Guidelines for Public Art. CM ARC 113-01 (Kennedy A. � � Attach Page 4 meet 7 RECOMMENDATION: Grant final approval to the proposed public art, based on findings and subject to conditions of approval. Findings: 1. The proposed artwork is consistent with the Guidelines for Public Art because the City's art jury determined that the piece is original artwork of high artistic quality and the proposed sculpture installation is consistent with the 12 Guidelines for Public Art established by the City of San Luis Obispo. 2. As conditioned, the integrated sign design is appropriate because the sign will be consistent with the Sign Regulations criteria for size and height and a separate structure for the sign would potentially conflict with and detract from the public art display. Conditions: 1. The sculpture shall be bronze with a polished finish (not patina). 2. Lettering for the signage shall be individual bronze letters with a polished finish. The sign shall be halo-lit(back-lit). 3. The sculpture shall be designed with some depth, or other 3-dimensional characteristic, and should not appear too flat. 4. The sculpture shall be lit with low level, architectural up-lighting, to the approval of the Community Development Director. 5. The landscaping plan and the site plan for the project shall be revised to incorporate the art work, to the approval of the Community Development Director. 6. The final sign design shall be revised consistent with the alternatives provided by the art jury and shall fully comply with the requirements of the Sign Regulations, to the approval of the Community Development Director. Attached: Attachment 1: Vicinity map Attachment 2: Approved project plans for Kennedy Fitness Center Attachment 3: Proposed Artwork Attachment 4: Public Art Guidelines Attachment 5: Art Jury Comments - aa AffachmeM 7 M-SP R-2-S HIND �J CD M-SP M-SP C=1 TANK FARM CS -PD C-S-S CROSS Vicinity Map ARC 113-01 30 0 30 60 Feet 3889 Long ® Kennedy Public Art � _ a3 lhment 7 I II IIS g N ! l11 A 3 0 N I ed I C I °. ��! II II I � W s L5 -{vV}y A NJJ OJ V a d`acl y Q V I fl' I 0 W(mj j _ Q EZ5 I a 3 N x N X c I O� . O ( M ` Q� I i N gui u 3 li ^/ N d M —M — S w e6 I w U. _ S �1 II I 3 W J I J OJ i fr a W oW oI f r C° Y IIS , nm�=� W�l VON ANSI it a1 •� � � 1� L „ ���,� ■lilt f�lZ 'fir. 1�= .lap,.+ � � .� ����& '61 •c, c p MR.- C I S AVON ' ■ P i � ■1•��CSIr'1•E'i AC nU', -lS��l PRIN f`ppS Attachment 7 II- y �c a - x i ® i i ® i i® O W s LLI - ° z o o z Attachment 7 a fit �<s Ij r' W 4 !n it :: 81 W a � c m � r Co9 � d W E d ro a . W a c Ore /r Q �e N — 7 AS0 a N 9 CL 3 � As o m _ 4 l r� Attachment 7 I � / .- ' � ' � � �` \ | | ' | ■| §� 04 - - ` | § I| ƒ| | I LUj �C \ t t � �� � k k � y \ g\. ' \ � | �| 2 IM C 0 �--� 7 .- 2 3 - Attachment 7 ----------------------- I E I ......... _, .. ......_...... _..... ........ ... . S I 1 1 O I 1 B A 1 I t i I II II I 11 II I I I 1 II 1 II I U�e� �•� 11 I-.viz--i I CD 5 r l 1 W I � I s \ gdj - .m.-... .. .RY� a. cc I� 1 I `a o .......................... .............................. 1 - r CL Co .'C M I I + ........... ..... c I I l i f i o ..... CO 1 1 1 CL.® 11 7a - ;i 5�• .a i 1 • Attachment 7 GUIDELINES FOR PUBLIC ART 1. Public artwork shall be original and of high artistic quality. 2. 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 3. Interior locations for public art shall be freely open and accessible to the public. 4. Public art shall be compatible with the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 5. Public art proposed for areas of high historical sensitivity, such as Mission Plaza and its creek, should be given the closest scrutiny, including input from the Historical Society, before approval by the jury. 6. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information and other amenities where appropriate. 7. Consideration shall be given to potential conflicts with present or future vegetation or construction. 8. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 9. Consideration shall be given to any public safety or public health concerns created by the artwork. 10. 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. 11. Public art shall be securely installed. 12. A wide variety of artistic expression is encouraged. However, expressions of profanity,vulgarity or obvious poor taste are inappropriate. 5 Attachment 7 PUBLIC ART SELECTION CRITERIA 1. Evaluation of artistic excellence. 2. Appropriateness of scale, form, material, content and design relative to the immediate and general neighborhoods. �ro o 5 d / 1] p Aj 3. Relationship to the social, cultural and historical identity of the neighborhood. Ok 4. Appropriateness of proposed materials as regards structural and surface integrity, protection against theft, vandalism, public safety and weathering. Ij / 5. Ease of maintenance. 6. Appropriateness of proposed method of installation of artwork, and safety and structural factors involved in installation. Signature: Attachment 7 PUBLIC ART SELECTION CRITERIA 1. Evaluation of artistic excellence. 2. Appropriateness of scale, form, material, content and design relative to the immediate and general neighborhoods. 3. Relationship to the social, cultural and historical identity of the neighborhood. 4. Appropriateness of proposed materials as regards structural and surface integrity, protection against theft, vandalism, public safety and weathering. (tel Ci ;✓�.t. I / _I I f ,(, � U 5. Ease of maintenance. J 6. Appropriateness of proposed method of installation of artwork, and safety and structural factors involved in installation. _ Signature: /-7!'r Q' i � -33 Attachment 7 PUBLIC ART SELECTION CRITERIA 1. Evaluation of artistic excellence. 2. Appropriateness of scale, form, material, content and design relative to the immediate and general neighborhoods. O� Ger e;e__ 3. Relationship to the social, cultural and historical identity of the neighborhood. /v 4. Appropriateness of proposed materials as regards structural and surface integrity, protection against theft, vandalism, public safety and weathering. 5. Ease of maintenance. 6. Appropriateness of proposed method of installation of artwork, and safety and structural factors involved in installation. Sign e: Attachment 7 PUBLIC ART SELECTION CRITERIA 1. Evaluation of artistic excellence. kum Md Wu J� 2. Appropriateness of scale, form, material, content and design relative to the immediate and general neighborhoods. 1p C lCot �G`110 U- L �'V4'l l I E C1( rol)(,l L 3. Relationship to the social, cultural and historical identity of the neighborhood. 4. Appropriateness of proposed materials as regards structural and surface integrity, protection against theft, vandalism, public safety and weathering. 5. Ease of maintenance. 6. Appropriateness of proposed method of installation of artwork, an safety d structural factors involved in installation. G i Oil C Q( VIM 1 Signature:V� ,�J Resolution"A" Attachment 8 RESOLUTION NO. (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO DENY PUBLIC ART PROPOSED FOR 3889 LONG STREET; APPLICATION NO. ARC 113-01 WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing on February 18, 2003, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering an appeal of the Architectural Review Commission's decision to deny public art proposed for 3899 Long Street, Application No. ARC 113-01; and WHEREAS, the Architectural Review Commission reviewed the proposed public art on January 6, 2003, and denied the proposal because they determined that it was not consistent with Guideline#4 of the City's Guidelines for Public Art; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Denial. Based upon all the evidence, the appeal is denied based on the following finding: 1. The proposed artwork is inconsistent with the Guidelines for Public Art because the proposed dolphins are not consistent with the neighborhood in terms of historic and cultural characteristics as required by Guideline #4. The proposed dolphins are not appropriate in the proposed inland setting, which is defined predominantly by its agricultural context. On motion of ,seconded by and on the following roll call vote: AYES: NOES: ABSENT: Resolution No. (2003 Series) Attachment 8 Page 2 The foregoing resolution was passed and adopted this 18th day of February, 2003. Mayor David F. Romero ATTEST: Lee Price, City Clerk AP VED AS TO F Gil Trujillo, Acting City Attorney f ' 89 i Resolution«B" Attachment 9 RESOLUTION NO. (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO DENY PUBLIC ART PROPOSED FOR 3889 LONG STREET; APPLICATION NO. ARC 113-01 WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing on February 18, 2003, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering an appeal of the.Architectural Review Commission's decision to deny public art proposed for 3899 Long Street, Application No. ARC 113-01; and WHEREAS, the Architectural Review Commission reviewed the proposed public art on January 6, 2003, and denied the proposal because they determined that it was not consistent with Guideline#4 of the City's Guidelines for Public Art; and WHEREAS, the proposed public art meets all of the requirements of the City's ordinance pertaining to Public Art in Private Development (SLOMC 17.98) and was reviewed and approved by an art jury; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed artwork is consistent with the Guidelines for Public Art because the City's art jury determined that the piece is original artwork of high artistic quality and the proposed sculpture installation is consistent with the 12 Guidelines for Public Art established by the City of San Luis Obispo. 2. The proposed sculpture can be interpreted to be compatible with the immediate site and neighborhood in terms of social and cultural characteristics, land use and environmental context in satisfaction of Public Art Guideline #4 because dolphins can be symbolic and evocative of an artistic message. In this case, the dolphin sculpture is not a literal representation of two dolphins because only the outline of each animal is set in bronze, which provides views through the sculpture connecting the artwork to the fields, hills and sky beyond. 3. As conditioned, the integrated sign design is appropriate because the sign will be consistent with the Sign Regulations criteria for size and height and a separate structure for the sign would potentially conflict with and detract from the public art display. I � 3� Attachment 9 Resolution No. (2003 Series) Page 2 Section 2. Approval. The Council does hereby uphold the appeal and approves the proposed artwork, subject to the following conditions of approval. 1. The sculpture shall be bronze with a polished finish (not patina). 2. Lettering for the signage shall be individual bronze letters with a polished finish. The sign shall be halo-lit(back-lit). 3. The sculpture shall be designed with some depth, or other 3-dimensional characteristic, and should not appear too flat. 4. The sculpture shall be lit with low level, architectural up-lighting, to the approval of the Community Development Director. 5. The landscaping plan and the site plan for the project shall be revised to incorporate the art work,to the approval of the Community Development Director. 6. The final sign design shall be revised consistent with the alternatives provided by the art jury and shall fully comply with the requirements of the Sign Regulations, to the approval of the Community Development Director. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 18th day of February, 2003. Mayor David F. Romero ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Gil Trujillo, Acting Attorney �'SOI San Luis Obispo County RECEIVED ARTS COUNCIL FEB 18 2003 SLO CITY CLERK February 13, 2003 ^'COUNCIL ZCbD DIR JZ CAOy/ IN DIR OACAO FIRE CHIEF Councilman Schwartz Z_ATTORNEY' ;2 PW,DIR SLO City Hall l CLERWORIG"` Q'POLJCE CHF'` RED FILE 990 Palm St. ° kADs 2 RE°DIR MEETING AGENDA San Luis Obispo, CA 93401 ZHR DIR IF,. T"—� HR DIR, DA ITEM Dear Councilman Schwartz, The San Luis Obispo County Arts Council Art in Public Places Committee supports the staff recommendation to grant the appeal for the Kennedy Nautilus Center public art element. It is our opinion that the Architectural Review Committee should not be making decisions about public art projects based on content. The City of San Luis Obispo has established clear and defined criteria for the Architectural Review Committee to follow. These criteria are part of the very successful review process as established by the SLO City public art guidelines. The selection process, before Architectural Review Committee review, consists of juries with qualified people assessing all aspects (including artistic and content issues) of a public art project. The role of the Architectural Review Committee is not to judge artistic merit or content, as in the Kennedy case, but to make decisions based solely on the established criteria. Again,we ask that you override the Architectural Review Committee recommendation and grant the appeal. Sincerely, Kate Stulbe Ann Ream Executive Director APP Committee Chair SLO County Arts Council SLO County Arts Council Cc: Mayor Dave Romero Councilwoman Christine Mulholland Councilman Ken Schwartz Councilman John Ewan Councilman Allen Settle FRECEIVED EB 18 2003 Post Office Box 1710 • San Luis Obispo, CA 93406 CITY COUNCIL (805)544-9251 • E-Mail: ipslocac@slonet.org • Fax: (805)544' - www.sloartscouncil.org