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:
"Arts administrator"
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.
"Public arts fund"
means a separate fund and account which is established to
receive monies collected for the designated purposes of the public
arts program.
"Solar energy system"
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) Endowments.
The public arts fund shall also be used as a depository for endowments, bequests, grants or donations. Such endowments, bequests, grants or donations may be expended as set forth in subsections
(c) and
(d) of this section and when approved by the commission:
(1) Art exhibitions or displays;
(2) Promotion of art education within the community, either separate
from or complementary to art programs of schools, museums or other
nonprofit organizations.
(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)
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)
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)