HomeMy WebLinkAbout1372ORDINANCE NO.1372 (2000 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO RELATING TO PUBLIC ART IN PRIVATE DEVELOPMENT
WHEREAS, the City of San Luis Obispo desires to provide opportunities the
general public to experience quality works of art by facilitating the acquisition, display and
development of such works of art in places where they may be experienced by large
numbers of people; and
WHEREAS, balanced development of cultural and artistic resources preserves and
improves the quality of the urban environment and increases real property values; and
WHEREAS, the Land Use Element of the General Plan states that "The City will
encourage inclusion of appropriate public art in all projects;" and
WHEREAS, the City of San Luis Obispo has adopted a policy which requires one
percent of all eligible municipally funded capital projects be contributed toward public art;
and
WHEREAS, the City of San Luis Obispo desires to further enhance the aesthetic
environment of the City by requiring private property owners and developers to incorporate
works of art in new developments and substantially improved developments in the City, or
as a voluntary measure in lieu thereof, to donate public art or funds for public art; and
WHEREAS, such works of art will be of intrinsic value to the developments in
which they are located; and
WHEREAS, City of San Luis Obispo desires to adopt an ordinance relating to
public art in private development.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 17.98 shall be added to the Municipal Code and shall read as
follows:
Public Art Requirements for Private Development
17.98.010 Purpose
The City of San Luis Obispo wishes to enhance the cultural and aesthetic
environment of the City, and to encourage creativity and an appreciation of the arts and our
cultural heritage. Through the establishment of a program of public art funded by private
development, the City will promote the general welfare through balancing the community's
physical growth and revitalization with its cultural and artistic resources.
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Ordinance No. 1372 (20uO Series)
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17.98.020 Definitions
A. "Art in Public Places ", as used in this Chapter, shall mean public art
installed either on or off -site, as part of new development, in conformance with the
standards set forth in this Chapter.
B. "Non- residential development," as used in this Chapter, shall mean the
construction of commercial, mixed use, office and industrial projects, which are not
intended for residential purposes.
C. "Public art," as used in this Chapter, shall include, but not be limited to,
sculpture, monuments, murals, frescoes, bas - relief, mobiles, drawings, paintings, graphic
arts, mosaics, photographs, fountains, decorative arts, ceramics, carving and stained glass
located in or on a public place. It does not include landscaping, paving, architectural
ornamentation or signs as defined by Chapter 15.40 of the Municipal Code.
D. "Public Art Coordinator," as used in this Chapter, shall mean that City
employee designated by the City Administrative Officer to be responsible for the City's
Visual Arts in Public Places program.
E. 'Public Art Jury," as used in this Chapter, shall mean an appointed jury of
no less that five (5) City residents including, but not limited to, as appropriate, a board
member from the San Luis Obispo County Arts Council, an artist, a business representative,
an educator/historian and a City or Advisory Body representative.
F. "Public place," as used in this Chapter, shall mean City or privately owned
land or buildings which are open to the general public on a consistent basis and which are
also places of high visibility to the general public.
G. "Total construction costs," as used in this Chapter, shall mean the valuation
of the proposed structures or improvements, as calculated based on the most recent Building
Valuation Data from the Uniform Building Code (UBC).
17.98.030 Public Art Account
There shall be an account designated for public art, into which shall be deposited all fees
paid pursuant to this Chapter. This account shall be maintained by the City Finance
Director and shall be used for the acquisition, installation, and improvement of public art in
the City.
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Ordinance No. 1372 (2000 Series)
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17.98.040 Applicability
The program described in this Chapter is a mandatory program and the standards specified
are minimum standards for compliance. Participation in the program by itself does not
qualify project applicants for consideration of increased project density /intensity as
discussed in the Land Use Element of the City of San Luis Obispo General Plan.
A. This chapter shall apply to all new non - residential development, as defined in this
Chapter, having a total construction cost of $100,000 or more, as calculated based
on the most recent Building Valuation Data from the Uniform Building Code
(UBC).
B. This chapter shall apply to all expansion of, remodeling of or tenant improvements
to existing eligible buildings when any such work has a total construction cost of
$100,000 or more, as calculated based on the most recent Building Valuation Data
from the Uniform Building Code (UBC).
17.98.050 Exceptions
The following development activities shall be exempt from the requirements of Section
17.98.040:
A. Construction, repair or alteration of buildings to carry out rehabilitation of private
property if that rehabilitation is primarily financed with public funds.
B. Construction, repair or alteration of buildings to meet City- mandated seismic
rehabilitation or fire lateral replacement.
17.98.060 Public Art Contribution
A. The project applicant shall acquire and install public art approved by a public art
jury and the Architectural Review Commission in a public place on or in the vicinity
of the development project site. The minimum cost of the public art, including
installation, shall be determined by the following allocation:
1. An amount equal to one -half of one percent (.5 %) of that portion of the total
construction costs in excess of ($100,000), for each building permit,
computed using the latest Building Valuation Data as set forth in the
Uniform Building Code (UBC) unless, in the opinion of the City's Chief
Building Official, a different valuation measure should be used.
2. Should a project consist of multiple buildings with separate building
permits, at the City's option, arrangements may be made to combine the
public art requirements in an appropriate manner.
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Ordinance No. 1372 (2000 Series)
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3. In no event shall the required cost for public art under this program exceed
fifty thousand dollars ($50,000) per building permit.
B. As an option, the project applicant 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.
17 98 070 Application Procedures for Placement of Required Public Art on Private
Propert y
An application for placement of public art on private property shall be submitted to the
Community Development Director and shall include:
A. Preliminary sketches, photographs or other documentation of sufficient descriptive
clarity to indicate the nature of the proposed public art;
B. An appraisal or other evidence of the value of the proposed public artwork,
including acquisition and installation costs;
C. Preliminary plans containing such detailed information as may be required by a
public art jury and the Architectural Review Commission to adequately evaluate the
location of the artwork in relation to the proposed development and its compatibility
to the proposed development, including compatibility with the character of adjacent
conforming developed parcels and existing neighborhoods;
D. A narrative statement to be submitted to the Community Development Director to
demonstrate that the public art will be displayed in an area open and freely available
to the general public, or that public accessibility will be provided in an equivalent
manner based on the characteristics of the artwork or its placement on the site.
17 98 080 Approval for Placement of Public Art on Private Property
A. Applications completed in accordance with Section 17.98.070 shall be submitted to
the Community Development Director for review and approval of the public art in
accordance with this Chapter.
B. The Community Development Director shall forward the completed application to
the Public Art Coordinator who shall convene a public art jury to review the
proposed public art using adopted public art evaluation criteria.
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Ordinance No. 1372 (2000 Series)
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C. Upon recommendation of the public art jury, the public art application shall be
reviewed by the Architectural Review Commission.
D. All approvals for placement of public art on private property shall be obtained prior
to issuance of a building permit.
17.98.090 Application Procedure for Acceptance of Public Art Donated to the City
An application for acceptance of public art to be donated to the City shall include:
A. Preliminary sketches, photographs, models or other documentation of sufficient
descriptive clarity to indicate the nature of the proposed public art.
B. An appraisal or other evidence of the value of the proposed public art, including
acquisition and installation costs;
C. A written agreement executed by or on behalf of the artist who created the public art
which expressly waives his or her rights under the California Art Preservation Act
or other applicable law.
D. Other information as may be required by the Public Art Coordinator to adequately
evaluate the proposed donation of public art.
17.98.100 Review of Application for Acceptance of Public Art Donated to the City
A. Prior to the issuance of grading and building permits, the applicant shall present to
the Community Development Director for review, an application for acceptance of
public art donated to the City, pursuant to Section 17.98.060 (B).
B. The Community Development Director shall forward the application to the Public
Art Coordinator who shall convene a public art jury to review the proposed public
art, using adopted public art evaluation criteria.
C. Upon the recommendation of the public art jury, the application shall be forwarded
to the Architectural Review Commission for review.
D. Upon the recommendation of the Architectural Review Commission, the application
shall be forwarded to the City Council, which shall have the sole authority to accept,
reject or conditionally accept the donation.
17.98.110 Payment of Art In -Lieu Fee
If the payment of an art in -lieu fee is voluntarily elected, the payment, in an amount equal to
the program allocation set forth in Section 17.98.060 (C), shall be paid prior to the issuance
of a building permit.
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Ordinance No. 1372 (2000 Series)
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17.98.120 Certificate of Occupancy
The following requirements must be met prior to the City's issuance of occupancy permits.
A. Full compliance with one of the following:
1. The approved public art has been placed on the site of the approved project,
in a manner satisfactory to the Chief Building Official and the Public Art
Coordinator; or
2. Donation of approved public art has been accepted by the City Council; or
3. In -lieu art fees have been paid.
B. If public art has been placed on the site of the approved project, the applicant must
execute and record with the County Recorder covenants, conditions and restrictions
(CC &Rs), which require the property owner, successor in interest and assigns to:
1. Maintain the public art in good condition as required by the City's Public
Art Guidelines;
2. Indemnify, defend and hold the City and related parties harmless from any
and all claims or liabilities from the public art, in a form acceptable to the
City Attorney;
3. Maintain liability insurance, including coverage and limits as may be
specified by the City's Risk Manager.
17.98.130 Ownership of Public Art
A. All public art placed on the site of an applicant's project shall remain the property of
the applicant; the obligation to provide all maintenance necessary to preserve the
public art in good condition shall remain with the owner of the site.
B. Maintenance of public art, as used in this Chapter, shall include without limitation,
preservation of the artwork in good condition to the satisfaction of the City,
protection of the public art against physical defacement, mutilation or alteration and
securing and maintaining fire and extended coverage insurance and vandalism
coverage in an amount to be determined by the City's Risk Manager. Prior to
placement of approved public art, applicant and owner of the site shall execute and
record a covenant, in a form approved by the City, requiring maintenance of the
public art. Failure to maintain the public art as provided in this Chapter is declared
to be a public nuisance.
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Ordinance No. 1372 (2000 Series)
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C. In addition to all other remedies provided by law, in the event the owner fails to
maintain the public art, upon reasonable notice, the City may perform all necessary
repairs and maintenance or secure insurance, and the costs therefore shall become a
lien against the real property.
D. All artwork donated to the City shall become the property and responsibility of the
City upon acceptance by the City Council.
17.98.140 Removal or Alteration of Public Art
A. Public art installed on or integrated into a construction project pursuant to the
provisions of this Chapter shall not be removed or altered without the approval of
the City Council.
B. If any public art provided on a development project pursuant to the provisions of
this Chapter is knowingly removed by the property owner without prior approval,
the property owner shall contribute funds equal to the development project's
original public art requirement to the City's Public Art In -Lieu account, or replace
the removed artwork with one which is of comparable value and approved the City
Council. If this requirement is not met, the occupancy permit for the project may be
revoked by the City Council upon due notice and an opportunity to be heard. The
City may, in addition, pursue any other available civil or criminal remedies or
penalties.
SECTION 2. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in the Tribune, a newspaper published and circulated in this City. This ordinance
sholl go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED AND FINALLY PASSED by the Council of the City of San
Luis Obispo at is meeting held on the 15'h day of August 2000, on a motion of Vice Mayor
Schwartz, seconded by Council Member Marx, and on the following roll call vote:
AYES: Council Members Marx , Romero, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: Council Member Ewan
ATTEST:
Lee Price, City Clerk
CITY OF SAN LUIS OBISPO,
A Municipal Corporation
B �
Allen K. ettle, Mayor
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Ordinance No. 1372 (2000 Series)
Page 8
APPROVED AS TO FORM:
-vr/oveivll� ors f—it �4ttorney
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