The purpose of this chapter is to enhance the quality of life for city residents, workers and visitors by providing for the acquisition and maintenance of public artwork.
(Ord. 04-06 § 2)
A. 
The procedures prescribed by this chapter for review and approval of public artwork shall be conducted concurrently with any applicable procedures prescribed by Title 17 of this code for review and approval of development permits.
B. 
The community services department shall establish guidelines that specify maintenance requirements for public artwork installed on private property to satisfy the public artwork requirement.
(Ord. 04-06 § 2)
For the purposes of this chapter, the following words and phrases shall have the following meanings:
"Appropriately maintained"
means maintained in conformance with the city's public artwork guidelines.
"Artwork"
means an original creation of physical art including without limitation a fountain, mobile, mosaic, mural, painting, sculpture and tapestry. An artwork may be realized through such mediums as bronze, ceramic tile, concrete stained glass, steel or wood. An artwork may be an integral part of a building or public space, whether attached to, interior of or external to the building.
"Development project"
means construction or modification of a building.
"In lieu art fee"
means a fee in the amount of one-tenth of one percent of the project cost in excess of one hundred thousand dollars.
"Project cost"
means the total value of a development project, excluding the land value, as indicated on the building permit issued by the city for the project.
"Public artwork"
means an artwork that is either (a) donated to the city for installation on city property; or (b) installed on private property in a publicly accessible location.
"Public artwork requirement"
means the requirement, imposed by this chapter, of providing a public artwork or paying the in lieu art fee.
"Publicly accessible"
means accessible to the public for viewing in a direct line of sight for a minimum period of ten hours per day, seven days per week.
"Value of a public artwork"
means the cost of designing, acquiring, constructing and installing an artwork, as applicable.
(Ord. 04-06 § 2)
A. 
There is established in the city a fund known as the "Art in Public Places Fund," which shall be a depository for fees paid pursuant to this chapter and for public art-related monetary donations to the city.
B. 
The art in public places fund shall be maintained by the finance director and shall be utilized for the following purposes:
1. 
Administration of this chapter;
2. 
Design, acquisition, installation, improvement, maintenance and insurance of public artwork displayed on city property;
3. 
Offering of performing arts programs on city property for the community;
4. 
Art education programs on city property for the community; provided, however, that not more than five percent of the fund's annual budget shall be used for this purpose.
(Ord. 04-06 § 2)
A. 
Except as provided in subsection B below, the public artwork requirement shall apply to the following development projects:
1. 
Single-family residential unit on a lot within an approved subdivision and having a project cost in excess of one hundred thousand dollars;
2. 
Multi-family residential units having a project cost in excess of one hundred thousand dollars per unit;
3. 
Commercial, industrial, office and other non-residential units in excess of one hundred thousand dollars.
B. 
The following development projects shall be exempt from the public artwork requirement:
1. 
Government agency development projects;
2. 
Reconstruction of structures that have been damaged by fire, flood, wind, earthquake or other calamity.
(Ord. 04-06 § 2)
A. 
The public art requirement shall be satisfied by completing one of the following actions in accordance with this chapter:
1. 
Donating a public artwork to the city;
2. 
Installing a public artwork on private property;
3. 
Paying an in lieu art fee.
B. 
If the value of a public artwork used to satisfy the public artwork requirement is less than the amount of the in lieu art fee that otherwise would be applicable to the development project, then the difference shall be paid to the city and deposited in the Art in Public Places Fund.
(Ord. 04-06 § 2)
A. 
An application for donation of a public artwork to the city, or for installation of a public artwork on private property, shall be filed with the community services department prior to the issuance of grading or building permits for a development project. The application shall include:
1. 
Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;
2. 
An appraisal or other evidence of the value of the proposed artwork;
3. 
The resume of the creator of the proposed artwork;
4. 
If the application is for donation, then the application shall also include the following:
a. 
A city attorney-approved written statement executed by the artwork's creator waiving such person's rights under the Visual Artists Rights Act of 1990 (17 U.S.C. 101 et seq.), California Civil Code Section 1542 and equivalent laws;
5. 
If the application is for installation, then the application shall also include the following:
a. 
Preliminary plans of sufficient descriptive clarity to indicate the compatibility of the proposed public artwork with the development project, adjacent parcels and the surrounding neighborhood,
b. 
A written statement explaining how the proposed artwork will be publicly accessible;
6. 
Any other information requested by the community services department to enable reasonable evaluation of the application.
B. 
Each application shall be reviewed initially by the community services department, which shall make a recommendation thereon. If the application is for donation, then the community services commission shall be an advisory body and the city council shall be the decisionmaker. The city council's decision on an application for donation shall be final. If the application is for installation, then the community services commission shall be the decisionmaker and its decision shall be final unless appealed to the city council in accordance with Chapter 2.36 of this code.
C. 
Prior to installing a public artwork on private property to satisfy the public artwork requirement, the property owner shall execute and record with the county recorder a city attorney-approved covenant. Such covenant shall require the property owner and successors thereof to do the following:
1. 
Maintain the public artwork in good condition;
2. 
Allow city representatives to enter upon the property upon reasonable written notice to perform necessary repairs to the public artwork at the property owner's expense when it is not maintained in good condition;
3. 
Indemnify, defend and hold harmless the city, its officers, employees and agents from any claim, demand, damage, liability, loss, cost or expense attributable to the public artwork.
(Ord. 04-06 § 2)
Public artwork installed on private property to satisfy the public artwork requirement shall be appropriately maintained and insured by the property owner. The insurance shall be in an amount determined by the city manager and shall provide coverage in the event of fire damage to or vandalism of the public work.
(Ord. 04-06 § 2)
Artwork installed on private property to satisfy the public artwork requirement shall not be removed or altered without the prior approval of the city council. In addition to any other applicable penalty, violation of this section may render the property owner liable for payment of the in lieu art fee that would have been applicable to the development project, and may result in revocation of the occupancy permit issued for the development project. Prior to any imposition of in lieu art fee liability or occupancy permit revocation pursuant to this section, the city shall afford the property owner notice and an opportunity for a hearing.
(Ord. 04-06 § 2)