(a)
The
purpose of the Palm Springs public arts program is to develop and
maintain a visual arts program for the residents and visitors of Palm
Springs, to add to the economic viability of the community, and to
enhance the environment and unique character of Palm Springs by providing
for the acquisition and maintenance of quality works of public art.
(b)
The
city council finds and declares as follows:
(1)
Cultural and artistic resources enhance the quality of life for individuals
living in, working in and visiting the city.
(2)
Balanced development of cultural and artistic resources preserves
and improves the quality of the urban environment and increases real
property values.
(3)
As development and revitalization of the real property within the
city continues, the opportunity for creation of cultural and artistic
resources is diminished.
(4)
As this development and revitalization continue as a result of market
forces, urbanization of the community results.
(5)
As these opportunities are diminished and this urbanization occurs,
the need to develop alternative sources for cultural and artistic
outlets to improve the environment, image and character of the community
is increased.
(6)
Development of cultural and artistic assets should be financed by
those whose development and revitalization diminish the availability
of the community's resources for those opportunities and contribute
to community urbanization.
(7)
Establishment of this public arts program will promote the general
welfare through balancing the community's physical growth and revitalization
and its cultural and artistic resources.
(8)
It is the purpose of this chapter to modify, clarify and codify the
city's existing public arts program.
(Ord. 1479 § 2, 1994)
The Palm Springs public arts commission shall carry out the
duties established by this chapter.
(Ord. 1479 § 2, 1994)
For the purpose of this chapter:
means the staff person hired by the city to administer the
public arts program. The salary and other compensation of the arts
administrator may be paid from the arts fund to the extent such person
is performing the duties prescribed herein.
means the Palm Springs public arts commission.
means a separate fund and account which is established to
receive monies collected for the designated purposes of the public
arts program.
means the program adopted by the city council.
means a system which is an accessory use added to any residential,
commercial, industrial, or public structure, for the purpose of providing
solar energy to generate onsite electric power, heating, cooling,
or water heating.
(Ord. 1479 § 2, 1994; Ord. 1837 § 1, 2014)
(a)
Creation.
There is established a public arts fund into which shall be
deposited all funds collected under this chapter of the Palm Springs
Municipal Code and such other funds as may be appropriated by the
city council or donated to the city for expenditures in conjunction
with the public arts program.
(b)
Accounting.
This fund shall be maintained by the city treasurer, with accounting
records established to sufficiently identify and control these funds.
Expenditures shall be processed through the city's established warrant
payment procedure.
(c)
Use
of Fund.
The funds shall be used solely for the permanent or temporary
acquisition, installation, improvement, display, maintenance, and
insurance of artwork to be displayed in the city and the administration
of the public arts program.
(d)
Permissible
Expenditures.
(1)
The cost of artwork and its installation and maintenance;
(2)
The cost of purchase or lease of art sites;
(3)
Contributions to local art museums subject to a negotiated benefit
for Palm Springs residents as determined by the city;
(4)
Waterworks, landscaping, lighting, signage, and other objects which
are commissioned from an artist as an integral aspect of a structure
or site or which are necessary for the proper aesthetic presentation
and structural placement of artwork;
(5)
Frames, mats, pedestals, and other objects which are necessary for
the proper presentation of the artwork;
(6)
Expenditures for maintenance and repair of artworks;
(7)
Administrative expenses, including legal, to otherwise implement,
uphold, or carry out any provision of this chapter.
(e)
Ineligible
Expenditures.
(1)
Reproductions of original work except limited editions;
(2)
Unlimited editions of original work;
(3)
Mass-produced art objects;
(4)
Works that are decorative, ornamental or functional landscape or
architectural elements except when commissioned from an artist as
an integral aspect of a structure or site;
(5)
Architectural rehabilitation or historical preservation of buildings.
(f)
(g)
Replacement.
For those artworks that have been purchased with monies from
the public arts fund or donated to the city, the city council may
determine to sell or exchange existing artworks for replacement artworks.
Any funds obtained from the sale of artwork shall be credited to the
public arts fund.
(Ord. 1479 § 2, 1994; Ord. 1738 §§ 1, 2, 2008)
(a)
Requirements.
Except as provided in subsection (b) of this section, the requirements of this chapter shall apply to all works of construction and rehabilitation for which a building permit is required, including but not limited to:
(1)
New commercial and industrial construction;
(2)
Remodeling or reconstruction of existing commercial or industrial
property;
(3)
New residential subdivisions or developments of two or more units,
whether by detached single-family residential structures, condominiums,
apartments, duplexes, townhouses or other dwelling units being built
in the same tract by the same owner or developer;
(4)
New individual single-family residential units constructed on a lot
located in an existing subdivision whose building permit valuation
is over one hundred thousand dollars.
(b)
Exceptions.
The requirements of this chapter shall not apply to the following
activities:
(1)
Public projects undertaken by any agency of the city, the state,
county, school district or any other governmental entity;
(2)
Remodeling, repair or reconstruction of structures to comply with
earthquake seismic safety code standards or which have been damaged
by fire, flood, wind, earthquake or other calamity;
(3)
Remodeling, repair or reconstruction of residential units;
(4)
Nonprofit social service or cultural institution projects;
(5)
Low to moderate housing projects as defined by household income Health
and Safety Code Section 50093;
(6)
Affordable housing developments receiving city, state or federal
assistance;
(7)
Private educational institutions which provide general education
equivalent to the public school system (kindergarten through high
school or any part thereof);
(8)
Architectural rehabilitation or historical preservation of properties
which are designated as Class 1 Historic Sites by the city council;
(9)
The valuation added to works of construction and rehabilitation for
existing residential, commercial, and industrial construction for
an onsite Solar Energy System.
(Ord. 1479 § 2, 1994; Ord. 1837 § 2, 2014)
(a)
No
final city approval, such as final inspection or a certificate of
occupancy, for any project subject to this chapter shall be granted
or issued unless and until full compliance with the public arts program
is achieved, in one or more of the following ways:
(1)
The approved artwork has been placed in a manner satisfactory to
the public arts commission.
(2)
In-lieu art fees have been paid.
(3)
Financial security in an amount equal to the acquisition and installation
costs of an approved artwork, in a form approved by the city attorney,
have been posted.
(4)
An approved artwork has been donated and accepted by the public arts
commission.
(Ord. 1479 § 2, 1994)
(a)
The
applicant shall be deemed to have satisfied his or her obligations
under this chapter through the placement of artwork in a manner consistent
with this chapter, valued at an amount equal to the program allocation.
(b)
In lieu of placement of an approved artwork, the applicant may, at his or her discretion, pay to the city for deposit into the public arts fund an amount equal to the program allocation set forth in subsection (d) of this section.
(c)
Fees
are to be collected with respect to all projects prior to issuance
of a building permit, except in the case of residential developments
of more than one dwelling unit, where the fee shall be collected on
a pro rata basis for each dwelling when it receives its final inspection
or certificate of occupancy, whichever occurs first.
(d)
The
program allocation, as used in this chapter, is the percentage of
the building cost which is set aside for the city's public arts program.
The total building valuation shall be computed using the latest building
valuation data as set forth by the International Conference of Building
Officials (ICBO) unless, in the opinion of the building official,
a different valuation measure more accurately represents the value
of the building. Excluding land acquisition and off-site improvement
costs, the program allocation shall be an amount equal to the percentage
of the total building valuation for an applicable project, as listed
herein:
(1)
One-half of one percent for new commercial and industrial construction;
(2)
One-half of one percent for remodel or reconstruction of existing
commercial or industrial property;
(3)
One-quarter of one percent for new residential subdivisions or developments
of two or more units, whether by detached single-family residential
structures, condominiums, apartments, duplexes, townhouses or other
dwelling units being built in the same tract by the same owner or
developer. A project shall be considered a development of two or more
units when two or more building permits are issued to the same person
for development of new residential structures within a one-hundred-eighty-day
period;
(4)
One-quarter of one percent for new individual single-family residential
units constructed on a lot located in an existing subdivision for
that portion of building permit valuation in excess of one hundred
thousand dollars.
(e)
Nothing
in this section shall prohibit the applicant from placing an approved
artwork with acquisition and installation costs in an amount less
than the program allocation; provided that the applicant shall also
pay to the public arts fund an amount equal to the difference between
the program allocation and the costs of acquisition and installation
of such artwork.
(f)
Nothing
herein shall restrict the city council from waiving the requirements
of this chapter, in whole or in part, with respect to any project
otherwise subject to the provisions of this chapter, provided that
the city council determines that the project applicant has entered
into an agreement with the city providing for the applicant's acquisition
and installation of artwork in connection with the development of
the project which addresses the goals and aims of this chapter in
a manner equally or more favorable to the city than would be achieved
by strict compliance with this chapter. In such an event, the city
council shall make findings to this effect on the basis of substantial
evidence.
(Ord. 1479 § 2, 1994)
(a)
Placement
of Art by Applicant.
The applicant shall place artwork in outdoor areas of the private
property that are accessible and used by the public a minimum of eighteen
hours per day. Interior spaces, including lobbies, courtyards, malls,
etc., may be eligible if they are accessible to the public a minimum
of twelve hours per day.
(b)
Art
Purchased through Public Arts Fund.
When selecting the location for art purchased through the public
arts fund, preference shall be given to publicly accessible public
places. This would include libraries, parks, office buildings, sidewalks,
traffic islands, etc. Lobbies, plazas, adjacent open spaces or exterior
treatment of publicly owned buildings shall be potential sites, but
the offices themselves of publicly owned buildings shall not be considered
acceptable sites.
(Ord. 1479 § 2, 1994)
(a)
Eligible
requirements for each project will be established by the public arts
commission. Specifically excluded are artworks done by students under
the supervision of art instructors to satisfy course requirements
and artists who are members of the public arts commission.
The following criteria shall be considered in the selection
of artwork:
(1)
Quality of the artwork;
(2)
Media.
All visual art forms may be considered, subject to limitations
set by the selection jury or the arts commission;
(3)
Style.
Artworks of all schools, styles, and tastes should be considered
for the city collection;
(4)
Environment.
Artworks and art places should be appropriate in scale, material,
form and content for the immediate, general, social and physical environments
with which they relate;
(5)
Permanence.
Consideration should be given to structural and surface integrity,
permanence, and protection against theft, vandalism, weathering, excessive
maintenance, and repair costs;
(6)
Elements of Design.
Consideration should take into account that public art, in addition
to meeting aesthetic requirements, also may serve to establish focal
points, terminate areas, modify, enhance, or define specific spaces,
or establish identity;
(7)
Diversity.
The public arts program should strive for diversity of style,
scale, media, artists—including ethnicity and gender and equitable
distribution of artworks and art places throughout the city.
(b)
The
following methods may be used to select artwork:
(1)
Direct Purchase.
A completed work of art may be purchased for a specific project
or location;
(2)
Direct Commission.
An artist may be chosen directly by an artist-selection jury
and paid to submit a proposal. Artists will be selected on the basis
of their qualifications for a particular project and its probability
of successful completion;
(3)
Limited Competition.
A small number of artists may be invited and paid by the selection
jury to submit proposals;
(4)
Open Competition.
Any artist may apply subject to limitations established by the
selection jury. No proposal fee is paid to artists; however, a small
number of finalists may be selected to submit details, models or plans
for which a fee is paid.
(c)
In
selecting an artwork, the arts commission may appoint a selection
jury of qualified persons. The jury shall be subject to the provisions
of the Brown Act.
(d)
Review
by Department of Planning and Zoning.
A department of planning and zoning representative shall review
the artwork and its placement and landscaping elements and may refer
the artwork to the planning commission for approval pursuant to Section
9404.00 of the zoning ordinance.
(Ord. 1479 § 2, 1994)
(a)
Public
Artwork on Public Property.
A maintenance fund shall be established as part of the public
arts program. Procedures for custody, maintenance and conservation
of artwork shall be established by the public arts commission as well
as a maintenance schedule. Specific instructions for care of each
work shall be kept on file as part of the collection management. The
public arts commission will strive to include maintenance provisions
in the artwork contracts that stipulate the length of time (typically
one year) the artist will be responsible for repairs, that urge artists
to provide a maintenance manual, and that allow the artist first-refusal
on repair contracts within the fair market rate of remuneration. Regular
inspection-for-condition reporting shall be conducted so that the
collection is maintained in the best possible condition as supervised
by designated city personnel. When necessary, a conservation plan
will be established prioritizing the work which is to be done.
(b)
Private
Artwork on Private Property.
The obligation to provide all maintenance necessary to preserve
the artwork in good condition shall remain with the owner of the site.
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 public arts commission. Artwork installed
pursuant to this chapter shall be maintained as specified in the written
agreement between the city and the private property owner with regard
to that artwork. Maintenance of artwork, 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 artwork
against physical defacement, mutilation or alteration, and securing
and maintaining fire and extended coverage insurance against vandalism
and other similar acts in an amount to be determined by the city attorney.
Prior to placement of an approved artwork, applicant and the owner
of the site shall execute and record a covenant in a form approved
by the city for maintenance of the artwork. Failure to maintain the
artwork as provided herein is declared to be a public nuisance. If
the artwork is not maintained in the manner prescribed, or is removed
or altered without approval of the public arts commission, in addition
to all other remedies provided by law, the city may, upon reasonable
notice, perform all necessary repairs, maintenance, secure insurance,
or take such legal or other action deemed necessary to have the artwork
maintained and if necessary, restored, and the costs therefor shall
become a lien against the real property.
(Ord. 1479 § 2, 1994)
Any artwork being placed on private property as part of the
city's public arts program shall be a one-of-a-kind piece. The city
encourages applicants to submit an application prior to the development
of the architect's schematic design. The requirements and procedures
for the processing of a public arts program proposal application (an
"arts application") shall be as follows:
(1)
Upon
submission of a development project application for a project subject
to the requirements of this chapter, the department of planning and
zoning shall provide to the project applicant a copy of this chapter,
an arts application form and the name and phone number of the city's
arts administrator.
(2)
The
project applicant shall submit to the arts administrator the completed
arts application form, describing the manner in which the project
applicant intends to comply with this chapter.
(3)
The
arts application shall include:
(A)
Preliminary sketches, photographs, or other documentation of sufficient
descriptive clarity to indicate the nature of the proposed artwork;
(B)
An appraisal or other evidence of the value of the proposed artwork,
including acquisition and installation costs;
(C)
Preliminary plans containing such detailed information as may be
required by the public arts commission to adequately evaluate the
location of the artwork in relation to the proposed development, and
its compatibility with the proposed development (the artwork shall
be an integral part of the landscaping and/or architecture of the
building), including compatibility with the character of adjacent
conforming developed parcels and existing neighborhoods if necessary
to evaluate the proposal;
(D)
A narrative statement to demonstrate that the artwork will be displayed
in an area open and freely available to the general public, or otherwise
provide public accessibility in an equivalent manner based on the
characteristics of the artwork or its placement on the site; and
(E)
Maintenance factors required to insure its permanence.
(Ord. 1479 § 2, 1994)
(a)
The
application for the proposed artwork and its placement will be considered
at a monthly public meeting of the Palm Springs public arts commission.
A department of planning and zoning representative will also review
the artwork and its placement and landscaping elements and may refer
the application to the planning commission for approval pursuant to
Section 9404.00 of the zoning ordinance. Any changes, questions or
recommendations shall be conveyed in writing to the applicant. The
commission will determine when all issued have been addressed and
accept or reject the artwork. The applicant will be notified in writing
of the public arts commission's decision.
(b)
If
the applicant proposes or the planning commission or city council
recommends significant revisions to the architecture or physical design
and layout of the proposed project subsequent to the receipt of the
public arts commission's approval, the application shall, if legally
permitted, be returned to the public arts commission for further review
and recommendation concerning the revised proposal prior to final
approval unless the council otherwise directs.
(c)
A
contract between the city and the applicant spelling out all requirements,
including insurance and maintenance, shall be executed prior to the
city's final acceptance of the applicant's art-in-lieu proposal.
(Ord. 1479 § 2, 1994)
If in-lieu artwork has been placed subsequent to payment of
a public arts fee, the applicant shall submit to the arts administrator
a written request for refund of the amount spent on the artwork placed
on the applicant's property. The amount to be refunded shall not exceed
the amount that would have been paid into the public arts fund should
the applicant have chosen to pay a fee instead of place artwork on
the site. The request for reimbursement shall be submitted after the
artwork is installed, approved by the public arts commission and accepted
by the city.
(Ord. 1479 § 2, 1994)
Artwork placed on the applicant's property by the applicant
in satisfaction of the applicant's program requirement shall remain
the property of the applicant.
(Ord. 1479 § 2, 1994)
The prospective donor shall submit to the arts administrator:
(1)
Sketches,
photographs, or other documentation of sufficient descriptive clarity
to indicate the nature of the proposed artwork to be donated;
(2)
Additional
samples of artist's work other than the proposed donation;
(3)
Background
information on artist who created the proposed donation;
(4)
Installation
costs, if available;
(5)
Maintenance
factors required to ensure its permanence.
(Ord. 1479 § 2, 1994)
The proposed donation will be considered at a monthly public
meeting of the public arts commission. All details of the proposed
donation, including the feasibility and expense of placing and caring
for the work of art will be considered. The commission will review
and discuss the donation and will direct the arts administrator as
to any questions to be asked of the donor or artist. A personal appearance
by artist may be requested. The commission will determine when all
issues have been addressed and accept or reject the artwork.
(Ord. 1479 § 2, 1994)
