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HomeMy WebLinkAboutItem 2 - ARCH-0941-2017 (3825 3897 S Higuera) ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT SUBJECT: Review of public art proposed to be installed within the Public Market at Long Bonetti project. PROJECT ADDRESS: 3825 & 3897 S. Higuera St. BY: Melissa Mudgett, Parks & Rec Manager Phone Number: (805) 781-7296 e-mail: mmudgett@slocity.org FILE NUMBER: ARCH-0941-2017 FROM: Shawna Scott, Associate Planner RECOMMENDATION: Adopt the Draft Resolution (Attachment 1), which finds that the public artwork proposed for the Public Market at Long Bonetti (private development) project meets the City’s Guidelines for Public Art, based on findings, and subject to conditions, and recommend City Council approval of the public art project. SITE DATA Applicant Tank Farm Center, LLC  PB Companies, LLC    Representative RRM Design Group  Zoning Service Commercial, Special  Consideration (C‐S‐S)  General Plan Services and Manufacturing  Site Area ~5.56 acres  Environmental  Status  Consistent with previously adopted  Mitigated Negative Declaration.  SUMMARY The City of San Luis Obispo promotes the general welfare of the City through balancing the community’s physical growth with revitalization with its cultural and artistic resources. In 2000, the City adopted Ordinance No. 1372 (2000 series) relating to public art in private development and requiring a public art contribution. Options to address this requirement include payment of the calculated public art development in-lieu fee (amount equal to 0.5% of that portion of the total construction costs more than $100,000) or the project applicant may acquire and install public art within the proposed development site, as approved by a public art jury and the Architectural Review Commission (ARC). In lieu of paying the required public art fee, the applicant for the Long Bonetti Ranch development has proposed public art (Attachment 2, Public Art Jury Response and Applicant’s Public Art Proposal). On October 6, 2017, an Art Jury was assembled to review the proposal in accordance with Meeting Date: December 18, 2017 Item Number: 2 ARC2-1 ARCH-0941-2017 (3825 & 3897 S. Higuera Street) Page 2 the adopted guidelines for public art (Attachment 3, Public Art Guidelines). The Art Jury’s recommendation to the ARC states the following: “As recommended by the public art jury, find that the public artwork proposed for the Long Bonetti Ranch development, entitled Obispo Town Musicians meets the City’s Guidelines for Public Art, based on findings, and subject to conditions, and recommend City Council approval of the project”. 1.0 COMMISSION’S PURVIEW The project is a public art piece to be located on private property. All public art shall meet the City’s Public Art Guidelines and receive approvals by the appropriate Advisory Bodies and the City Council. The City’s Public Art Policy designates the ARC to evaluate the proposal for very specific criteria. The ARC’s role is to determine whether the proposal is consistent with these criteria. 2.0 PROJECT INFORMATION 2.1 Site Information The project site is bounded by South Higuera Street to the west, Tank Farm Road to the south, and Long Street to the east. The existing Tribune building is located to the north. The project site is located within the Manufacturing (M) zone, and is within the Higuera Commerce Park Specific Plan area. The project site includes the area proposed for the Public Market at Bonetti Ranch project, including the recently constructed Tractor Supply building, outdoor storage area, and associated parking. The Bonetti Ranch project was approved by the ARC on July 11, 2016 (Resolution No. ARC-1013-16), including adoption of a Mitigated Negative Declaration and associated conditions and mitigation measures. The approved Bonetti Ranch project includes modifications to and rebuilding of existing historic structures, the construction of four new buildings, and associated pedestrian improvements, landscaping, and parking (including off-site parking shared with the Tribune property to the north of the project site). In addition, at the time the Bonetti Ranch project was approved by the ARC, the architectural design package included the Obispo Town Musicians art concept to show the how this piece was anticipated to be incorporated into the overall development plan for the project site. 2.2 Project Description: Obispo Town Musicians is a steel art piece depicting various farm animals stacked on top of each other (refer to Figure 1. Preliminary Sketch of Obispo Town Musicians Public Art). The overall artwork height will be approximately 10-12 feet height, fabricated from welded stainless steel and installed in a raised planter bed within the courtyard. The artwork will be lit by outdoor fixtures in accordance with the City’s adopted Night Sky Ordinance; the outdoor fixtures would be controlled by a timer that shuts off light when retails operations are closed for the evening. Four steel rods extending from the bull’s legs (animal on the bottom of the stack) are proposed to be secured with epoxy onto concrete pedestals. Figure 1. Preliminary Sketch of Obispo Town Musicians Public Art ARC2-2 ARCH-0941-2017 (3825 & 3897 S. Higuera Street) Page 3 The sculpture will be located in an exterior courtyard on the northeast side of the project, between proposed Buildings 6 and 7. The location of the proposed piece was selected to enhance the pedestrian experience of the overall project, and would be placed in a prominent landmark location for visitors to view when entering the Public Market at Bonetti Ranch at the main entry from the parking lot and from convergent pedestrian paths (refer to Figure 2. Public Art Location within Project Site 3897 S. Higuera Street). In keeping with the City’s Guidelines for Public Art, the proposed artwork will be accessible to the public, highly visible, and fully integrated into the site with appropriate landscaping and representing an agriculture/farming theme consistent with the theme of the Public Market at Bonetti Ranch. 3.0 PROJECT ANALYSIS The City’s adopted public art guidelines require that an Art Jury shall review public art proposals for consistency with the approved guidelines (refer to Attachment 3, Public Art Guidelines). A public Art Jury, facilitated by the Public Art Manager Melissa Mudgett, consisted of various local community representation; artist, local businesses and City staff (refer to Attachment 2, Public Art Jury Response). The Art Jury convened on October 6, 2017 to review the public art proposal. To evaluate the proposal, the jury used the following Guidelines for Public Art. Art Jury responses are provided below in italics. Figure 2. Public Art Location within Project Site 3897 S. Higuera Street ARC2-3 ARCH-0941-2017 (3825 & 3897 S. Higuera Street) Page 4 3.1 Public Art Jury Evaluation a. Artistic excellence. The Art Jury found the art piece to be original and of high artistic quality. b. Appropriateness of scale, form, material, content and design relative to the environment. The Art Jury found the art piece to be considerate of the location, incorporating agriculture and farming uses. The Art Jury recommends the steel materials be brushed, patina or have a weathered-look. The Art Jury recommends the sculpture be life-size, representing the true scale of the animals depicted. c. Relationship to the social, cultural and historical identity of the building. The Art Jury found the art piece to be consistent with the agriculture/farming theme and consistent with proposed building construction. d. Appropriateness of materials relative to structural and surface integrity, protection against theft, vandalism, public safety and weathering. The Art Jury recommends the ARC consider additional safety enhancements to prevent climbing of the structure. e. Ease of maintenance. The Art Jury found the art piece to requirement little to no ongoing maintenance. f. Appropriateness of proposed method of installation of artwork, and safety and structural factors involved in installation. The Art Jury is in support of the proposed installation method for the art piece. The next step in the approval process is review of the Obispo Town Musicians art piece by the ARC. 3.2 Architectural Design The City’s Public Art Policy designates the ARC to evaluate the proposal for very specific criteria. Staff has provided statements (in italics) identifying whether the proposal meets the criteria, which the Commission can adopt or modify as desired. a. Publicly funded public art shall be located within the public right-of-way, a public building or otherwise shall be easily visible or accessible from a public right-of-way. Interior locations for public art are permitted, and shall be freely open and accessible to the public. Not Applicable. The proposed public art piece is located on private property. ARC2-4 ARCH-0941-2017 (3825 & 3897 S. Higuera Street) Page 5 b. Privately funded public art shall be located on privately owned land or buildings which are places of high visibility to the public. Such places shall be in exterior locations, and not within buildings. If privately funded public art is donated to the City, Guideline No. 1 above applies to location of art. The proposed art piece is located outside in an exterior courtyard. The location is accessible to the public and may serve as a gathering place for visitors entering the development. The Art Jury was in support of the proposed location. c. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. The location of the site lends itself to a substantial piece of public art. The proposed art piece will be approximately 10-12 feet high and located within a raised planter bed. The Art Jury recommends the sculpture be life-size and true to the size of the farm animals depicted. The project is consistent with the general design principles identified in the Community Design Guidelines for new projects to fit the site, be logically located in terms of surrounding uses, and to consider future maintenance concerns (refer to CDG Section 6.4 Public Art). d. 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 proposed art piece is considerate to the context of the site and is representative of the nearby farming and agriculture. The proposed art piece will be fabricated with compatible materials. The Art Jury recommends a brushed, patina, weathered look to the steel material used in this sculpture. e. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. The proposed location is within a raised planter bed in the public market courtyard. The proposed location does not impede with vehicle or pedestrian traffic, or conflict with public or private easements. f. Consideration shall be given to any public safety or public health concerns created by the artwork. The placement of the artwork creates a public safety concern. The Art Jury noted concerns with the public’s ability to climb the sculpture, and recommended the applicant propose a method to enhance the safety of the piece and to discourage climbing. The proposed structure would be set in an 18-inch raised planter bed with a 36-inch high leaning wall, which would discourage climbing by young children (refer to Attachment 2, Sheets 3 and 4, Public Art Exhibit). The applicant also proposes to surround the structure with dense lavender initially planted at maturity, which would further discourage persons from directly accessing the structure. ARC2-5 ARCH-0941-2017 (3825 & 3897 S. Higuera Street) Page 6 g. Public art shall be integrated with the site and/or building, and include landscaping, lighting, interpretive information and other amenities where appropriate. Artwork will be up lit by outdoor fixture to be controlled by a timer that shuts off light when retails operations are closed for the evening. Lighting fixtures shall be properly directed and shielded consistent with Section 17.23.050 of the Zoning Regulations (Night Sky Ordinance). The proposed art piece shall be located in a raised planter bed with an 18-inch high wall seat. The Art Jury recommends that art piece be integrated into the landscape to avoid the look of “plop art” (art that was just plopped into place). The Art Jury recommends local, drought tolerant plantings. As noted above, the applicant proposes to surround the structure with established lavender. h. Public art shall be securely installed. Engineered footings will anchor the proposed art piece to a concrete pad and stainless- steel rods and engineered epoxy will secure the sculpture to the pedestal. Community Design Guidelines Chapter 6.4 of the Community Design Guidelines discusses the procedural criteria for the selection and placement of public art. As proposed, the artwork is consistent with the guidelines. 4.0 ENVIRONMENTAL REVIEW Based on staff’s review of the previously adopted Mitigated Negative Declaration for the Bonetti Ranch, the proposed public art project would not result in any new or increased impacts, and can be found consistent with the previously-adopted environmental document. 5.0 OTHER DEPARTMENT COMMENTS Chapter 6.4 of the Community Design Guidelines discusses the procedural criteria for the selection and placement of public art. As proposed, the artwork is consistent with the guidelines. The recommendations of the Public Art Jury are reflected in the Conditions of Approval. 6.0 ALTERNATIVE RECOMMENDATIONS 6.1. Recommend denial of the project based on findings of inconsistency with the Community Design Guidelines. This alternative is not recommended, because the project is consistent with the General Plan, the Public Art Guidelines, and Community Design Guidelines, and further review could be accommodated in the review process. 6.2 Continue the project to a date uncertain, with specific directional items provided. 7.0 ATTACHMENTS 1. Draft Resolution 2. Public Art Jury Response and Applicant’s Public Art Proposal 3. Public Art Guidelines ARC2-6 RESOLUTION NO. ARC-XXXX-17 A RESOLUTION OF THE SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION FINDING THAT THE PROPOSED PUBLIC ART ENTITLED “OBISPO TOWN MUSICIANS” MEETS THE CITY’S GUIDELINES FOR PUBLIC ART IN PRIVATE DEVELOPMENT FOR THE PUBLIC MARKET AT LONG BONETTI RANCH PROJECT, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED DECEMBER 18, 2017, 3825 AND 3897 SOUTH HIGUERA STREET (ARCH-0941-2017) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on December 18, 2017, pursuant to a proceeding instituted under application ARCH-0941-2017, Tank Farm Center, LLC and PB Companies, LLC, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Architectural Review Commission 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 Architectural Review Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Architectural Review Commission hereby recommends approval of public art application (ARCH-0941-2017), based on the following findings: 1. The proposed artwork is consistent with the City’s Guidelines for Public Art, as stated in the City’s Public Art Manual, Appendix C. 2. The Art Review Committee Jury approved the artwork design on October 6, 2017. 3. The public art application complies with the standards set forth in the Community Design Guidelines. 4. The project is consistent with the previously-adopted Mitigated Negative Declaration for the Long Bonetti Ranch project). SECTION 2. Action. The Commission hereby supports public art application ARCH- 0941-2017 allowing installation of public art for the Public Market at Bonetti Ranch private development project located at 3825 and 3897 South Higuera Street and recommends approval to the City Council, subject to the following conditions: ATTACHMENT 1 ARC2-7 Resolution No. _____ (2017 Series) Page 2 Conditions: 1. Along with plans submitted for a building permit, appropriate low-level lighting shall be reviewed and approved by the Community Development Department to ensure that the art pieces are properly illuminated for public viewing, but that glare or light spillage is not created consistent with Chapter 17.23 (Night Sky Preservation) of the Zoning Regulations. 2. The sculpture shall be life-size and true to the size of the farm animals depicted and constructed with brushed, patina, weathered-looking steel materials. The sculpture shall be located in a raised planter bed with an 18-inch high wall seat. The sculpture shall be integrated into the landscape to avoid the look of “plop art”. Associated landscaping shall consist of local drought-tolerant plantings. 3. The proposed sculpture location shall not impede with vehicle or pedestrian traffic, or conflict with public or private easements. 4. The Owner/Applicant shall be responsible for public safety and ensure the sculpture is constructed and installed in a manner that enhances the safety of the piece and discourages climbing. 5. The Owner/Applicant shall be responsible for providing all maintenance necessary to preserve the public art in good condition, and to protect it against physical defacement, mutilation, or alteration. 6. The Owner/Applicant shall assume full responsibility and liability for the piece once approved, installed and completed. On motion by Commissioner ________________, seconded by Commissioner _____________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 18th day of December 2017. _____________________________ Doug Davidson, Secretary Architectural Review Commission ATTACHMENT 1 ARC2-8 City of San Luis Obispo, Parks and Recreation, 1341 Nipomo Street, San Luis Obispo, CA, 93401-3934, 805.781.7300, slocity.org October 9, 2017 MEMO PUBLIC ART JURY RESPONSE TO: Community Development Shawna Scott, Associate Planner FROM: Parks and Recreation Melissa Mudgett, Recreation Manager – Public Art Program SUBJECT: Review of public art in private development proposed to be installed at Long Bonetti Ranch Development RECOMMENDATION TO THE ARC: As recommended by the public art jury, find that the public artwork proposed for the Long Bonetti Ranch development, entitled Obispo Town Musicians meets the City’s Guidelines for Public Art, based on findings, and subject to conditions, and recommend City Council approval of the project. BACKGROUND: The City of San Luis Obispo promotes the general welfare of the City through balancing the community’s physical growth with revitalization with its cultural and artistic resources. In 2000, the City adopted Ordinance No. 1372(2000 series) relating to public art in private development and requiring a public art contribution. The project application shall pay the calculated public art development in-lieu fee (amount equal to .5% of that portion of the total construction costs more than $100,000). As an option, the project application may acquire and install public art within the proposed development site, as approved by a public art jury and the Architectural Review Commission (ARC). In lieu of paying the art fee, the Long Bonetti Ranch development has proposed public art (Attachment 1). On October 6, 2017, an Art Jury was assembled to review the proposal in accordance with the adopted guidelines for public art (Attachment 2). Project Description Obispo Town Musicians is a steel art piece depicting various farm animals stacked on top of each other. The art piece is proposed to be placed in a prominent landmark location for visitors to view when entering the Pubic Market at Bonetti Ranch from the parking lot and from convergent pedestrian’s paths. In keeping with the City’s Guidelines for Public Art, the proposed artwork shall be highly visible and integrated into the site with appropriate landscaping and representing an agriculture/farming theme consistent with the Bonetti Ranch construction. The overall artwork height will be approximately 10-12 feet height, fabricated from welded stainless steel and installed in a raised planter bed within the courtyard. The artwork shall be up-lit by outdoor fixtures in accordance with the City’s adopted Night Sky Ordinance. Four steel rods extending from the bull’s legs (animal on the bottom of the stack) are proposed to be secured with epoxy onto concrete pedestals. ATTACHMENT 2 ARC2-9 EVALUATION Public Art Jury Review A public art jury, facilitated by the Public Art Manager Melissa Mudgett, consisted of various local community representation; artist, local businesses and City staff (Attachment 3). The Art Jury convened on October 6, 2017 to review the public art proposal. To evaluate the proposal, the jury used the following Guidelines for Public Art. Art Jury responses are provided in italics. 1. Artistic excellence. The Art Jury found the art piece to be original and of high artistic quality 2. Appropriateness of scale, form, material, content and design relative to the environment. The Art Jury found the art piece to be considerate of the location, incorporating agriculture and farming uses. The Art Jury recommends the steel materials be brushed, patina or have a weathered-look. The Art Jury recommends the sculpture be life-save, representing the true scale of the animals depicted. 3. Relationship to the social, cultural and historical identity of the building. The Art Jury found the art piece to be consistent with the agriculture/farming theme and consistent with proposed building construction. 4. Appropriateness of materials relative to structural and surface integrity, protection against theft, vandalism, public safety and weathering. The Art Jury recommends the ARC consider additional safety enhancements to prevent climbing of the structure. 5. Ease of maintenance. The Art Jury found the art piece to requirement little to no ongoing maintenance. 6. Appropriateness of proposed method of installation of artwork, and safety and structural factors involved in installation. The Art Jury is in support of the proposed installation method for the art piece. The next step in the approval process is review and subsequent approval of the Obispo Town Musicians art piece by the ARC. Advisory Body Review The City’s Public Art Policy designates the ARC to evaluate the proposal for very specific criteria. Staff has provided statements (in italics) identifying whether the proposal meets the criteria, which the Commission can adopt or modify as desired. 1. Publicly funded public art shall be located within the public right-of-way, a public building or otherwise shall be easily visible or accessible from a public right -of-way. Interior locations for public art are permitted, and shall be freely open and accessible to the public. Not Applicable. The proposed public art piece is located on private property. 2. Privately funded public art shall be located on privately owned land or buildings which are places of high visibility to the public. Such places shall be in exterior locations, and not within buildings. If privately funded public art is donated to the City, Guideline No.1 above applies to location of art. The proposed art piece is located outside in an exterior courtyard. The location is accessible to the public and may serve as a gathering place for visitors entering the development. The Art Jury was in support of the proposed location. 3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. The location of the site lends itself to a substantial piece of public art. The proposed art piece will be approximately 10-12 feet high and located within a raised planter ATTACHMENT 2 ARC2-10 bed. The Art Jury recommends the sculpture be life-size and true to the size of the farm animals depicted. 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. The proposed art piece is considerate to the context of the site and is representative of the nearby farming and agriculture. The proposed art piece will be fabricated with compatible materials. The Art Jury recommends a brushed, patina, weathered look to the steel material used in this sculpture. 5. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. The proposed location is within a raised planter bed in the public market courtyard. The proposed location does not impede with vehicle or pedestrian traffic, or conflict with public or private easements. 6. Consideration shall be given to any public safety or public health concerns created by the artwork. The placement of the artwork creates a public safety concern. The Art Jury is concerned with the public’s ability to climb the sculpture. Art Jury recommends the applicant propose a method to enhance the safety of the piece and to discourage climbing. 7. Public art shall be integrated with the site and/or building, and include landscaping, lighting, interpretive information and other amenities where appropriate. Artwork will be up lit by outdoor fixture to be controlled by a timer that shuts off light when retails operations are closed for the evening. The Art Jury recommends public art lighting that is consistent with the City’s adopted Night Sky Ordinance. The proposed art piece shall be located in a raised plater bed with an 18’ high wall seat. The Art Jury recommends that art piece be integrated into the landscape to avoid the look of “plop art” (art that was just plopped into place). The Art Jury recommends local, drought tolerant plantings. 8. Public art shall be securely installed. Engineered footings will anchor the proposed art piece to a concrete pad and stainless-steel rods and engineered epoxy will secure the sculpture to the pedestal. ATTACHMENTS 1. Public Art Application 2. Guidelines for Public Art 3. Art Jury List ATTACHMENT 2 ARC2-11 CITY OF SAN LUIS OBISPO Community Development Department 990 Palm St. San Luis Obispo (805)781-7172 PUBLIC ART PROPOSAL Application Checklist (NO FEE) Information on this list must be submitted for your project to be accepted for processing, review and scheduled for a hearing. These are minimum requirements; additional information and plans may be required to evaluate your application following initial staff review. Applications not containing the necessary information as shown on the checklist will not be accepted for review. Check each box to indicate that you have provided the appropriate information. SECTION A – PUBLIC ART IN PRIVATE DEVELOPMENT Complete Planning Application: Applications can be obtained from the Community Development Department. Applications must include business owner and property owner signatures. Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art; including description of colors and materials to be used. (Color and material samples may be required). An appraisal or other evidence of the value of the proposed art; including acquisition and installation costs. A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including adjacent rights-of-way. An elevation or perspective rendering showing the streetscape view of the art; including street elevations of adjacent properties. A narrative statement to demonstrate that the art will be displayed in an area open and freely available to the general public. Draft covenants, conditions, and restrictions (CC&Rs), to be recorded with the County Recorder, which requires the property owner, successor in interest, and assigns to: 1) Maintain the art in good conditions 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 art, in a form acceptable by the City Attorney. 3) Maintain liability insurance, including coverage and limits as may be specified by the City’s Risk Manager. SECTION B – PRIVATELY FUNDED PUBLIC ART Complete Planning Application: Applications can be obtained from the Community Development Department. COMPLETED BY CITY’S PUBLIC ART MANAGER Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art; including description of colors and materials to be used. (Color and material samples may be required). An appraisal or other evidence of the value of the proposed art; including acquisition and installation costs. Complete Privately Funded Public Art Application and Waiver SECTION C – CITY FUNDED PUBLIC ART Complete Planning Application: Applications can be obtained from the Community Development Department. COMPLETED BY CITY’S PUBLIC ART MANAGER Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art; including description of colors and materials to be used. (Color and material samples may be required). A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including adjacent rights-of-way. SECTION D – MATCHING GRANTS FOR PUBLIC ART Complete Planning Application: Applications can be obtained from the Community Development Department. COMPLETED BY CITY’S PUBLIC ART MANAGER Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art; including description of colors and materials to be used. (Color and material samples may be required). A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including adjacent rights-of-way. SECTION E – PAYMENT OF IN-LIEU FEE Provide a written statement of intent to pay the in-lieu fee to meet the public art requirement for a development project. Include a preliminary calculation of that fee (see the Building Permit Coordinator for the latest Building Valuation Data used to calculate fees). ATTACHMENT 2 ARC2-12 ATTACHMENT 2 ARC2-13 STATEMENT REGARDING PUBLIC ART ON PRIVATE PROPERTY Project Address: 3897 South Higuera Project Name: PUBLIC MARKET AT BONETTI RANCH Overview: • The location of the artwork has been selected because it is meant to be an enhancement of the pedestrian experience of Bonetti Ranch. • The sculpture is designed to be a landmark within a landmark project; an easily identifiable and highly visible meeting place and locator (e.g. “Meet me at the bull. . .”) • In addition to this Planning Application for placement of public art on private property, the attached exhibit has been submitted with the Permit Application Resubmittal on 6/15/17 in response to Plan Check Review-Completeness Letter • The artist, Michael Reddell, is being commissioned by the developer/owner, The Obispo Company, to create the artwork, The Obispo Town Musicians, specifically for the Public Market at Bonetti Ranch. • The artist’s commission to be paid by the Applicant (The Obispo Company/Tank Farm, LLC) is for $50,000. No appraisal document exists for the original piece that has yet to be fabricated, however, an estimate of costs is provided below. • Due to the overall project currently still being in the development stage, The Public Maintenance Covenant shall be fully executed by the Applicant upon final approval by the Community Development Department/Public Art Coordinator. Project Description (refer to attached Exhibit) The commissioning and installation of The Obispo Town Musicians at the Public Market at Bonetti Ranch fulfills the objectives of the City’s Public Art Program in the following ways: • The sculpture will be featured in a prominent and highly visible location at the main entry from the public parking area to the Public Market complex. • The Public Market is to be open to the general public on a consistent basis. • The artwork captures the essence of the historic, agricultural theme for Bonetti Ranch. • From the outset of this project, the artist, developer/owner and design team have worked closely to fully integrate the artwork into the site and landscape. • A mock-up of the artwork is available for Staff/Public Art Jury Review (please contact Artist) Estimated Costs: • Artwork (materials, fabrication and delivery) = $50,000 • Installation Costs (to be covered by Developer as part of landscape construction) ATTACHMENT 2 ARC2-14 ATTACHMENT 2ARC2-15 ATTACHMENT 2ARC2-16 ATTACHMENT 2ARC2-17 ATTACHMENT 2ARC2-18 ATTACHMENT 2ARC2-19 ATTACHMENT 2 ARC2-20 4. Landowner shall not move the Artwork from its present location at the Site, as depicted in Exhibit B attached hereto, without prior written approval by the City. 5. Landowner grants the City an irrevocable license to photograph and otherwise make two-dimensional reproductions of the Artwork and to use such reproductions for commercial and noncommercial purposes as the City sees fit. 6. Within a reasonable period of time following a request by the City, Landowner shall allow the City and its authorized agents access onto the Site for the purpose of inspecting and photographing the Artwork and ensuring that Landowner is meeting its obligations under this Covenant. 7. This Covenant shall be recorded in the official records of San Luis Obispo County and shall run with the land described herein as the Site, binding and/or benefiting the parties’ respective successors in interest, including but not limited to any purchasers, heirs, devisees, transferees, assignees, tenants, grantees, trustees, and beneficiaries. Should any court find this Covenant unenforceable at law, the parties intend that it be enforceable in equity. 8. To the extent reasonably possible, Landowner shall provide actual notice of the Covenant to any successors in interest. Failure of Landowner to provide actual notice shall not preclude enforcement of this Covenant against anyone who receives constructive notice. 9. This Covenant shall be governed by the laws of the State of California. 10. No modification of this Covenant shall be valid unless made in writing and signed by both parties hereto. 11. No waiver of performance by any party shall be construed as or operate as a waiver of any subsequent default. 12. Should any action or proceeding be brought to enforce the terms of this Covenant, the prevailing party shall be entitled to reasonable attorney’s fees and costs. 13. Landowner agrees to defend, indemnify, protect and hold City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Landowner’s employees, agents, officers or invitees, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Landowner and its agents, officers or employees, as a result of any act or obligation of Landowner arising out of this Public Art Maintenance Covenant, and all expenses of investigating and defending against same; provided however, that landowner’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole active negligence or willful misconduct of the City, its agents, officers or employees. ATTACHMENT 2 ARC2-21 EXECUTION: This Covenant shall be deemed executed as of the date first above written. The undersigned parties shall acknowledge their signatures before a California notary. CITY OF SAN LUIS OBISPO By: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF San Luis Obispo On , 2017, before me, , a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public __________________________ (seal) (EXECUTION CONTINUED ON NEXT PAGE) ATTACHMENT 2 ARC2-22 (PUBLIC ART MAINTENANCE COVENANT – EXECUTION CONTINUED) TANK FARM CENTER, LLC, a California limited liability company By: PB COMPANIES, LLC, its manager By: __________________________________ John W. Belsher, manager of PB COMPANIES, LLC, a California limited liability company A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF San Luis Obispo On , 2017, before me, , a Notary Public in and for said State, personally appeared John W. Belsher , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public __________________________ (seal) APPROVED AS TO FORM ___________________________ City Attorney ATTACHMENT 2 ARC2-23 EXHIBIT A PROPERTY DESCRIPTION All that real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: APN: 053-251-073 Parcel A: Parcel 1 of Parcel Map SLO 96-057, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per Parcel Map recorded January 18, 2000 in Book 54, Page 45 of Parcel Maps, in the Office of the County Recorder of said County. Parcel C: Parcel 2 of Parcel Map SLO 96-057, in the County of San Luis Obispo, County of San Luis Obispo, State of California, as per Parcel Map recorded January 18, 2000 in Book 54, Page 45 of Parcel Maps, in the Office of the County Recorder of said County. Parcel D: Parcel 2 of Parcel Map SLO 08-0093, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded February 28, 2014 in Book 77, Pages 18 and 19 of Parcel Maps. ATTACHMENT 2 ARC2-24 ATTACHMENT 2 ARC2-25 ATTACHMENT 2 ARC2-26 ATTACHMENT 2 ARC2-27 ATTACHMENT 2 ARC2-28 ATTACHMENT 2 ARC2-29 ATTACHMENT 2 ARC2-30 C:\Documents and Settings\sbates\Local Settings\Temporary Internet Files\OLK92\Guidelines for Public Art Revised final draft 10808.doc GUIDELINES FOR PUBLIC ART Architectural Review Commission Criteria 1. Publicly funded public art shall be located within the public right-of-way, a public building or otherwise shall be easily visible or accessible from a public right-of-way. Interior locations for public art are permitted, and shall be freely open and accessible to the public. 2. Privately funded public art shall be located on privately owned land or buildings which are places of high visibility to the public. Such places shall be in exterior locations, and not within buildings. If privately funded public art is donated to the City, Guideline No.1 above applies to location of art. 3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. 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. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 6. Consideration shall be given to any public safety or public health concerns created by the artwork. 7. Public art shall be integrated with the site and/or building, and include landscaping, lighting, interpretive information and other amenities where appropriate. 8. Public art shall be securely installed. Public Art Jury Criteria 1. Public artwork shall be original and of high artistic quality and shall not include any signage or other advertisement or logo, literal or abstract. 2. Public art should be considerate of the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 3. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information and other amenities where appropriate. 4. 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. 5. A wide variety of artistic expression is encouraged. However, expressions of profanity, vulgarity or obvious poor taste are inappropriate. Other Review Criteria 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 Cultural Heritage Committee, before approval by the jury. ATTACHMENT 2 ARC2-31 City of San Luis Obispo, Parks and Recreation, 1341 Nipomo Street, San Luis Obispo, CA, 93401-3934, 805.781.7300, slocity.org Public Art Jury Subject: Long Bonetti Ranch – Private Development Jury Members Affiliation Melissa Mudgett, Facilitator City of San Luis Obispo Parks & Recreation Jed Joyce Artist Jill Lemieux SLO Chamber of Commerce Jill Stollmeyer Local Business Owner Ron Brown Local Business Representative Sahvanna Ettested City of San Luis Obispo Parks & Recreation ATTACHMENT 2 ARC2-32 C:\Documents and Settings\sbates\Local Settings\Temporary Internet Files\OLK92\Guidelines for Public Art Revised final draft 10808.doc GUIDELINES FOR PUBLIC ART Architectural Review Commission Criteria 1. Publicly funded public art shall be located within the public right-of-way, a public building or otherwise shall be easily visible or accessible from a public right-of-way. Interior locations for public art are permitted, and shall be freely open and accessible to the public. 2. Privately funded public art shall be located on privately owned land or buildings which are places of high visibility to the public. Such places shall be in exterior locations, and not within buildings. If privately funded public art is donated to the City, Guideline No.1 above applies to location of art. 3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. 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. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 6. Consideration shall be given to any public safety or public health concerns created by the artwork. 7. Public art shall be integrated with the site and/or building, and include landscaping, lighting, interpretive information and other amenities where appropriate. 8. Public art shall be securely installed. Public Art Jury Criteria 1. Public artwork shall be original and of high artistic quality and shall not include any signage or other advertisement or logo, literal or abstract. 2. Public art should be considerate of the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 3. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information and other amenities where appropriate. 4. 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. 5. A wide variety of artistic expression is encouraged. However, expressions of profanity, vulgarity or obvious poor taste are inappropriate. Other Review Criteria 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 Cultural Heritage Committee, before approval by the jury. ATTACHMENT 3 ARC2-33