(a)
Findings. The city council makes the following findings:
(1)
The city's visual and aesthetic quality has a significant impact
on property values, economic well-being and orderly development;
(2)
Development of large-scale or highly visible sites contributes to
the city's unique character;
(3)
The incorporation of publicly visible art on large-scale sites, highly
visible intersections or spaces that are publicly accessible within
private developments enhances the city's visual and aesthetic quality
and creates a unique sense of community and self-image; and
(4)
Providing art mitigates an undesired and potentially deleterious
sense of uniformity and loss of human scale and orientation and is
in the public interest.
(b)
Purpose. This chapter regulates and establishes standards for inclusion
of art in private development.
(Ord. 2977-12 § 2)
(a)
Major Intersection. Nonresidential development, including hotels,
shall provide art when located at a major street intersection listed
in this section. A lot is located at one of the referenced intersections
if the lot has frontage along both of the streets forming the intersection.
The development may include either new construction of a main building
of any size, an addition of at least ten thousand square feet to a
main or accessory building, or new construction of an accessory building.
(1)
El Camino Real and Wolfe Road;
(2)
El Camino Real and Remington Drive/Fair Oaks Avenue;
(3)
El Camino Real and Sunnyvale Avenue/Sunnyvale Saratoga Road;
(4)
El Camino Real and Mathilda Avenue;
(5)
Central Expressway and Lawrence Expressway;
(6)
Central Expressway and Mary Avenue;
(7)
Mathilda Avenue and State Highway 101;
(8)
Mathilda Avenue and State Highway 237;
(9)
Lawrence Expressway and State Highway 237;
(10)
Lawrence Expressway and State Highway 101.
(b)
Lots of Two Acres or More. Nonresidential development, including
hotels, shall provide art when located on any lot of two acres or
more. The development may include either new construction of a main
building of any size, an addition of at least thirty thousand square
feet to a main or accessory building, or new construction of an accessory
building. If more than one lot is developed jointly or as an integrated
project, the requirements of this chapter apply if the aggregate lot
area is two acres or more, regardless of whether the property is under
common ownership.
(c)
Phased Projects. In the event of construction occurring over a period
of time, projects become subject to this chapter when the aggregate
floor area of all construction reaches the specified levels.
(d)
Public Interest. Art may be required for any proposed project, including
those not mentioned in this section when deemed in the public interest.
(Ord. 2977-12 § 2)
(a)
Provision of Art. Projects shall provide publicly visible art on
site that is equal in value to two percent of the project construction
valuation.
(b)
Building Valuation. Building permit valuation is determined by the
chief building official using the city building permit valuation formula.
Valuation of development projects includes the construction of the
building shell. Valuation does not include land acquisition, site
improvements, parking structures, off-site improvements or tenant
improvements. In the event of multi-phased development, valuation
is based on the cost of all phases, even though all phases may not
be completed at the same time.
(c)
Art Valuation. When calculating the value of an art to be placed
on a private development site, eligible costs include:
(1)
Purchase price of the art;
(2)
Art consultant fees;
(3)
Installation costs, including transportation of the art to the site,
pedestals or display costs;
(4)
Wiring, fixtures and other costs directly related to the installation
of lighting the art;
(5)
Identification plaque; and
(6)
Ineligible costs include land acquisition, site preparation, travel
costs for the artist, architect fees, utility fees associated with
the installation or operation of the art, fees associated with dedication
ceremonies, publicity, or educational components and maintenance fees
and repairs.
(d)
Art Valuation Remainders. In some instances the cost of artwork may
not equate precisely to two percent of the construction valuation.
If the developer does not spend the entire two percent on public art,
then the remaining amount shall be contributed to the public arts
fund.
(e)
Alternative to Provision of Art. Developers may choose to make a
contribution to the public arts fund in-lieu of placing art on their
project site. Developers shall allocate an in-lieu amount equal to
1.1 percent of the building valuation. The additional 0.1 percent
is to be used for maintenance of art provided through the public arts
fund. The in-lieu fee shall be paid prior to issuance of the building
permit.
(Ord. 2977-12 § 2; Ord. 3167 § 1)
Proposed art in private development shall meet the criteria
in this section. The arts commission may allow modifications that
are consistent with the intent of this chapter.
(a)
Type of Art. Art should be one significant piece of art, except that
requirement may be met with several works of art when specifically
found by the arts commission to fulfill the intent of this chapter.
The nature and style of the art is considered in the context of other
similar art in the surrounding area to encourage a wide range of types
of art, styles and materials in order to create a balanced and interesting
artistic and aesthetic appearance. The following types of art are
permitted as long as they are on a large public scale:
(1)
Sculpture: in the round, bas-relief, mobile, fountain, kinetic, electronic,
or other, in any material or combination of materials;
(2)
Painting: all media, including permanently affixed works, such as
murals;
(3)
Graphic arts: printmaking, drawing, calligraphy and photography,
but only when on a large public scale;
(4)
Mosaics;
(5)
Glass;
(6)
Clay, fiber and textiles, wood, metal, plastics and other materials;
(7)
Mixed media: any combination of forms or media, including collage.
Water, neon, fiber optic and electronic sculpture generally should
not be encouraged due to difficulty of maintenance. Such art may be
permitted if adequate assurance of continued maintenance is provided;
(8)
Functional art created by a professional artist, such as benches,
tree grates and trash receptacles; or
(9)
Any other form of work of art determined to satisfy the intent of
this chapter.
(10)
Ineligible Works. The following do not meet the requirements for
art in private development:
(i)
Artwork that is similar to, reminiscent of or based on a corporate
logo;
(ii)
Reproductions by mechanical or other means of original works
of art. Permitted art may include, however, limited editions controlled
by the artists of original prints, cast sculpture, photographs and
other art forms;
(iii)
Directional or other functional elements such as supergraphics,
signing, color coding, except where these elements are integral parts
of original signed arts;
(iv)
Art objects which are mass produced from a standard design,
such as playground equipment, fountains, flags or banners; and
(v)
Landscaping and gardening, except where these elements are designed
by the artists and are an integral part of a fine art.
(b)
Artist Qualifications. The artist is required to have experience
and knowledge of monumental-scale art intended for public viewing.
The artist's qualifications will be evaluated and examples of past
work may be reviewed to determine whether or not the artist has appropriate
experience for the project.
(c)
Artistic Preference. The determination of artistic preferences is
primarily a function of the owner or developer of the property. It
is the intent of this chapter to provide for the public display of
private art on private property without substituting the artistic
preferences of the city for those of the owner or developer of the
property.
(d)
Visibility and Locations. Appropriate locations may include, but
are not limited to, vehicular entryways to the property, plazas, greenbelts
and building façades. The location selected should allow reasonable
accessibility to the art, including visibility of the art from the
public street. The location shall be exterior and installation of
the art piece shall enhance the art and allow for unobstructed public
viewing from as many angles as possible. When located in proximity
to major traffic thoroughfares, the art should be at a motorist's
scale and oriented toward the view corridor of the motorist. The art
shall be an integral part of the landscaping and/or architecture of
the buildings.
(e)
Proportional Size. The art shall be proportional to the scale of
the development and designed to create an artistic, visual and aesthetic
impact upon observers. Particularly in locations on major thoroughfares
and major intersections, the art should be of such size and nature
as to strengthen the urban design and aesthetic quality of life in
the community.
(f)
Inoffensive. Because the art will necessarily be highly visible to
the public, will be associated with city requirements, and because
the traveling public will have no real opportunity to avoid the visual
aspects of the art, expressions of obvious bad taste or profanity
is prohibited. It is the intent of this criterion to address proposed
art which by its nature would generally be considered offensive to
the public.
(g)
Permanence. The art shall be a permanent, fixed asset to the property.
The composition of the art shall be of permanent materials requiring
a low level of maintenance. Materials used shall be durable and weather
resistant.
(Ord. 2977-12 § 2)
(a)
Art Permit Required. An art permit is required for installation of
art in private development. The art permit shall be obtained prior
to building permit occupancy. In phased projects, the director retains
discretion as to which building permit triggers the need for the art
permit application.
(b)
Application. The art permit application shall contain the following
information:
(1)
An application signed by the owner of the affected property;
(2)
Landscape and site plans indicating the location and orientation
of the art, signage, utility boxes, fire suppression systems, and
the landscaping and architectural treatment integrating the piece
into the overall project design;
(3)
Color elevation rendering clearly showing the artwork to scale in
relation to its surroundings;
(4)
A sample, model, or photograph and "to-scale" drawings or renderings
of the proposed art piece;
(5)
Material samples and finishes;
(6)
A resume of the proposed artist including slides or photographs of
the proposed artist's past work which demonstrates similar work to
the proposal;
(7)
A written statement by the artist describing any theme or development of the art, as well as a discussion of the manner in which the proposed art meets the criteria in Section 19.52.040 (Standards for art);
(8)
A lighting plan including samples of lighting fixtures; and
(9)
Other information as required by the superintendent of community
services.
(c)
Finding. The proposed art is consistent with Section 19.52.040 (Standards for art) and the purpose of this chapter.
(d)
Decision. The application, along with the recommendation of the superintendent
of community services, will be forwarded to the arts commission for
review and action at a public hearing. The arts commission, based
on the finding, may either:
(f)
Failure to Act. Failure of the arts commission to act on a permit
application within sixty calendar days, or an extended period as mutually
agreed upon by the applicant and the arts commission, is deemed a
denial of the application. Denial may be appealed to the city council
in accordance with this section. The superintendent of community services
shall send a notice of the action to the applicant. Failure to send
notice does not affect the arts commission action or extend any appeals
period.
(Ord. 2977-12 § 2; Ord. 3050-14 § 2)
(a)
Applicability. Development of any property having an aggregate area
of more than fifty acres may apply for a master art permit. Development
may occur at one time or in phases and shall consist of contiguous
lots.
(b)
Application. Application for a master art permit is filed in the
same manner as an art permit, except that the application does not
need to specifically identify each particular piece of art proposed.
(c)
Content. The master art permit may define the total obligation to
provide art and include information on the quantity, type, orientation
and timing of installation of the proposed art. The master art permit
may waive art permit requirements for individual installations.
(d)
Decision. Decisions require a city council hearing after recommendation
by the arts commission.
(Ord. 2977-12 § 2)
(a)
Timing of Installation. If art installation is impracticable prior
to the anticipated date of building occupancy, the director may allow
building occupancy provided that the art permit has been issued and
the applicant has filed with the city adequate security to guarantee
installation of the art. The security may take the form of a bond,
letter of credit, cash deposit, or similar security instrument, along
with an agreement to install the required art in such amount and form
as is acceptable to the director.
(b)
Permit for Installation. The applicant shall obtain a building permit
for the art.
(c)
County Recordation. Prior to completion of the art installation,
a document shall be recorded with the county containing a description
of the art and noting the obligation of present and future property
owners to maintain and repair the art.
(d)
Plaque Required. Each piece of art shall provide an appropriate identification
plaque or monument measuring at least eight inches by eight inches.
The plaque shall be made of cast metal and be placed near the art
piece. Information must include the date, title and artist. The requirement
of this section may be waived if determined in a particular circumstance
to be inconsistent with the intent of this chapter.
(e)
Maintenance. Art shall be maintained in good condition after its installation. Maintenance of the art includes related landscaping, lighting and the identification plaque. Violation of the maintenance requirements may result in the imposition of administrative fines and penalties under Chapter 1.06 (Administrative Fines and Penalties) and may include the city's cost of maintaining or repairing the art.
(Ord. 2977-12 § 2; Ord. 3167 § 1)
The city council authorizes the establishment of two funds for
the deposit of all fees paid under this chapter.
(a)
Public Arts Fund. This fund uses one percent of the construction
valuation for the acquisition and installation of the art and administration
of the public art program, including, but not limited to, improvements,
site preparation, light-ing and landscaping.
(b)
Art Maintenance Fund. The 0.1 percent of the construction valuations
shall be set aside in the art maintenance fund for repairing and maintaining
art purchased by the in-lieu fee.
(Ord. 2977-12 § 2)
