The purpose of this chapter is to authorize the establishment
of guidelines, procedures and standards for the integration of public
art into development projects throughout the City of Santa Rosa.
Public art helps make our City more livable and more visually
stimulating. The presence of and access to public art enlivens the
public areas of buildings and their grounds and makes them more welcoming.
It creates a deeper interaction with the places where we live, work,
and visit. The visual and aesthetic quality of development projects
has a significant impact on property values, the local economy and
vitality of the City. Public art illuminates the diversity and history
of a community, and points to its aspirations for the future. A wealth
of art and culture in the public realm will foster the economic development
of the community.
To achieve these goals, public art should be integrated into
development projects citywide. For best results, consideration of
public art should be integrated into project planning at the earliest
possible stage, and the selected artist should become a member of
the project's design team early in the design process.
(Ord. 3805 § 1, 2006; Ord. 3822 § 1, 2007; Ord. 2018-013 § 2)
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
means a committee designated by the City Council to advise
the City Council and staff on the implementation of this chapter the
public art policy, and expenditures of the public art fund.
means a person who has established a reputation of artistic
excellence, as judged by peers through a record of exhibitions, public
commissions, sale of works, or educational attainment.
means the total value of any development project covered
by this chapter. Calculations shall be based on construction and improvement
costs as declared on all building permit applications. Building permit
applications shall include, but not be limited to all grading, building,
plumbing, mechanical, and electrical permit applications for the project.
The actual construction costs for the purpose of determining the public
art contribution amount required by this chapter shall be determined
by the City's Chief Building Official.
means the person or entity that is financially and legally
responsible for the planning, development and construction of any
development project covered by this chapter, who may, or may not,
be the owner of the subject property.
means a project involving the construction of a new building
or the rehabilitation, renovation, remodeling or improvement of an
existing building, and having construction costs, as defined in this
chapter, of $500,000 or more. An existing building that is remodeled
with a construction cost greater than or equal to 50 percent of the
replacement cost of the building as determined by the City's Chief
Building Official, regardless of the actual amount of the construction
costs, shall also be subject to the requirements of this chapter.
development or development project as herein defined shall include
any and all commercial development, including office and retail uses,
but not industrial or light industrial uses, and any commercial portions
of any mixed-use development throughout the City of Santa Rosa, subject
to the following exemptions: remodeling, repair or reconstruction
of structures which have been damaged by fire, flood, wind, earthquake
or other calamity; seismic retrofit projects as defined by the Santa
Rosa City Code; and fire sprinkler installation projects as defined
by Santa Rosa City Code.
means payment by owner or developer, into the public art
fund in the amount of the public art contribution in lieu of installation
of public art on-site.
means the actual date on which the public art is installed
on site or the date that the certificate of occupancy was issued,
whichever is later.
means an original work of a permanent nature in any variety
of media produced by an artist, as defined by this chapter, or by
a team of artists.
means a fund established and maintained by the City of Santa
Rosa for the purpose of funding public art and cultural programming
consistent with the public art policy, and administered by the AIPPC.
means the dollar amount equal to (i) for the first 12-month
period following the effective date of the ordinance codified in this
chapter, one-half percent of the construction costs of a development
project covered by this chapter, or (ii) after the expiration of the
first 12-month period following the effective date of this chapter,
one percent of the construction costs of a development project covered
by this chapter. In the case of a mixed-use project, the dollar amount
equal to one-half percent for the first 12-month period, or one percent
thereafter, of the commercial component of that development project.
For purposes of determining the public art contribution for a mixed-use
project, the construction costs will be determined based on the per
square foot cost of the entire development relative to the commercial
portions of the development (e.g., total $350.00 per square foot for
the entire 15,000 square foot project, where commercial is 2,000 square
foot – one percent contribution based on $350.00 X 2,000 = $7,000.00).
means the City Council Policy 000-42 originally adopted by
Council resolution on November 10, 1998, as may be amended from time
to time, setting forth those policies governing the AIPPC, the public
art program and the administration of the public art fund.
means a program for delivery of a broad range of art and
cultural projects and activities throughout Santa Rosa and within
the Santa Rosa Arts District, as designated by the City Council in
the public art policy.
(Ord. 3805 § 1, 2006)
(A)
Developments covered by this chapter, which are those defined in Section 21-08.020 of this chapter, shall be required to devote not less than the public art contribution amount for such development projects, as defined in Section 21-08.020 and determined by the City's Chief Building Officer, for the acquisition and installation of public art on the site of the development project.
(B)
Non-municipal governmental construction shall be exempt from this
chapter.
(C)
In lieu of acquisition and installation of public art on the development
project site, developer, at its discretion, may pay the public art
contribution amount in cash. The in-lieu fee public art contribution
amount shall be paid in full prior to the issuance of a certificate
of occupancy. Any in-lieu payment shall be deposited into the Santa
Rosa public art fund as administered by the AIPPC.
(D)
Subject to the approval of the AIPPC, developer may install public
art on the development project site that has a value lower than the
public art contribution amount and pay an in-lieu contribution for
the balance of the public art contribution.
(Ord. 3805 § 1, 2006)
(A)
Public art, for the purposes of this chapter and for the purposes
of determining what shall meet the public art contribution requirements
for on-site installation of public art, may include works of art that
are created uniquely by an artist, as that term is defined in this
chapter, and integrated into the development project, including but
not limited to the following or any combination of the following:
(1)
Painting in all media including permanently affixed works such as
murals or frescoes;
(2)
Prints and drawings;
(3)
Reliefs, including carvings, frescoes, mosaics, earth works;
(4)
Sculpture, including statues, fountains, kinetic, electronic, mobiles
and monuments, or other in any material or combination of materials;
(5)
Arches or other structures intended for ornament or commemoration;
(6)
Graphic and multi-media, including printmaking, photography, any
combination or forms of electronic media in a large public scale;
(7)
Mixed or conceptual media in any combination of forms or media including
drawings, collages, prints, or the use of sound, light, or water;
(8)
Video, electronic, holographic, or digital media;
(9)
Crafts both decorative and utilitarian in clay, fiber, wood, metal,
glass, plastics and other materials;
(10)
Stained glass;
(11)
Neon; or
(12)
A landscape or architectural feature that has been specifically and
originally designed as a unique artistic element for the project and
is not a mass production or replication.
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Public art may include any other form determined by the Art
in Public Places Committee to satisfy the intent of this chapter.
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(B)
The following are not considered public art for the purposes of this
chapter:
(1)
Directional elements such as supergraphics, signage, or color coding
except where these elements are integral parts of the original work
of art or executed by artists in unique or limited editions;
(2)
Objects which are mass produced of standard design such as banners,
signs, playground equipment, benches, statuary, street barriers, sidewalk
barriers, or fountains;
(3)
Reproduction, by mechanical or other means, of original works of
art, except in cases of film, video, photography, printmaking, or
other media arts;
(4)
Decorative, architectural, or functional elements which are not designed
by the building architect or landscape architect as an original artistic
design feature unique to the project;
(5)
Landscape architecture, gardening, or materials, except where these
elements are designed by the artist and are integral or part of the
work of art created by the artist; or
(6)
Landscaping required by the City's Community Development Department
as part of the development entitlements.
(C)
Alternatively, developer may by special application and coordination
with City staff, satisfy up to 75 percent of the public art contribution
required hereunder as follows:
(1)
Developer's inclusion of space within the project that is generally
open to the public during regular business hours and is dedicated
by developer or owner for regular use as a rotating gallery, free
of charge, will be deemed to satisfy 25 percent of the public art
contribution hereunder required, provided that developer or owner
facilitates or arranges for the facilitation of regularly maintained
display of original works of art, with no financial gain to developer
or owner.
(2)
Subject to the reasonable discretion of the Director of Recreation
and Parks, developer's provision, design and dedication of at least
500 square feet of open space within the development project, including
but not limited to the supply of electrical outlets and lighting,
which space is generally available to the public and its primary use
is for arts and cultural programming may be deemed to satisfy 50 percent
of the public art contribution, provided that developer or owner facilitates
or arranges for the facilitation of such space for regular arts and
cultural programming with no financial gain to developer or owner.
The space should be available to individual artists, and not for profit
cultural organizations presenting art which is intended for the general
public. City staff will be available to provide information on current
local artists and cultural organizations as resources for such programming.
The Director's reasonable discretion, in allowing the dedication of
such space hereunder, shall be based on a determination of the City's
needs and likely use of such space to include, but not be limited
to, the following criteria: the need and likelihood of the use of
such space given the location of the space and other similar existing
space within the same general area, whether sufficient arts and cultural
programming resources have been identified and are generally available
to utilize the space, and whether the space and use of the space as
proposed are consistent with the stated goals of the City's public
art policy, as herein defined, and the general plan.
(D)
Developer shall have the right to satisfy the requirements for providing
public art, as herein set forth, in whole or in part on one alternate
site instead of or in addition to the development project covered
by this chapter, provided that the public art on such alternate site
shall, alone or in conjunction with the development project site,
be consistent with all provisions of this chapter and may not be installed
or commissioned prior to the completion date of the application triggering
these requirements.
(Ord. 3805 § 1, 2006)
(A)
The public art contribution for on-site installation must be expended
only on costs associated with the selection, acquisition, purchase,
commissioning, design, fabrication, placement, installation, or exhibition
of the public art. Eligible expenditures include the following items:
(1)
Artist fees;
(2)
Labor of assistants, materials, and contracted services required
for the design, fabrication, and installation of the public art;
(3)
Any required permit or certificate fees and reasonable business and
legal costs directly related to the public art;
(4)
Dealer's fees, if necessary and where appropriate, up to 10 percent
of the public art contribution;
(5)
Communication and other indirect costs (insurance, utilities associated
with the creation but not the operation of the public art, etc.);
(6)
Transportation of the public art to the site;
(7)
Preparation of site to receive public art, beyond that required for
the development itself;
(8)
Installation of the completed public art;
(9)
Structures which enable the display of the public art, such as platforms
or pedestals, up to five percent of the total public art contribution;
(10)
Mountings, anchorages, containments, or other materials necessary
for installation of the public art; and
(11)
Plaque identifying the public art, as required by this chapter.
(B)
Expenditures that are ineligible to be counted toward the public
art contribution include the following items:
(1)
Promotional materials or activities for the artist, the public art,
the development, the . developer or others parties involved in the
development project;
(2)
Opening, dedication, or other event for the public art, artist, or
development;
(3)
Developer's project management expenses associated with the public
art;
(4)
Services, materials, utilities or other expenses associated with
the operation or maintenance of the public art;
(5)
The cost of locating the artist(s);
(6)
Land costs or any other costs associated with the development that
are not part of and solely attributable to the public art, except
as specifically set forth in this chapter; and
(7)
Illuminating the public art if not integral to the design.
(Ord. 3805 § 1, 2006)
(A)
Selection of the artist and public art will be the responsibility
of the developer. At the sole discretion of the AIPPC, the developer
may receive limited assistance from the AIPPC in the identification
of potential artists and concepts for the public art. All financial
arrangements related to the public art are negotiated between the
artist and the developer as contracting parties and will be verified
by a written agreement.
(B)
Prior to issuance of the building permit for the development project,
the proposed public art must be reviewed and approved by the Director
of Recreation and Parks or designee for compliance with this chapter
and any associated guidelines subsequently formulated by the City.
In addition, the budget for the proposed public art must be approved
to ensure that only eligible expenditures are proposed and that such
expenditures total the amount of the public art contribution.
(C)
Issuance of any temporary or permanent certificate of occupancy for
the development project will be conditioned on completion and full
installation of the public art at the development site in accordance
with the public art proposal approved by the City, and confirmation
by the City that the developer expended the public art contribution
in full on the public art and in accordance with this chapter. In
the alternative, developer may elect to defer the obligation to install
the public art or to pay the in lieu contribution amount to the City
for up to six months by executing a written agreement setting forth
developer's obligations hereunder in favor of the City and by providing
security for said obligation in a form acceptable to the City Attorney.
(Ord. 3805 § 1, 2006)
(A)
Whenever feasible, the public art shall be installed on the development
site in a location that allows the public art to be visible to the
public from. a public right-of-way or from other public property at
all times. In the event that this is not feasible, the developer may
request approval from the City to place the public art on the development
site in a location to which the public has free and unrestricted access
during as many hours per day as possible, but at a minimum between
the hours of nine a.m. and five p.m. Monday through Friday each week.
(B)
The art shall be a permanent, fixed asset to the property. The composition
of the artwork shall be of permanent materials requiring a low level
of maintenance. Materials used shall be durable and weather resistant.
(C)
The public art shall be identified by a plaque that meets the standards
in use by the City at the time of installation of the public art.
The requirement of this subsection may be waived if determined in
a particular circumstance to be inconsistent with the intent of this
chapter.
(D)
The developer and subsequently the property owner shall maintain
or cause to be maintained in good condition the public art continuously
after its installation and shall perform necessary repairs and maintenance
to the satisfaction of the City. The maintenance obligations of the
property owner shall be contained in a covenant and recorded against
the property and shall run with the property.
(Ord. 3805 § 1, 2006)
(A)
The public art must remain on the project site for not less than
20 years from the original installation date, as that term is defined
in this chapter. When and if the development project is sold within
20 years from the installation date, the public art must remain at
the development for which it was created and may not be claimed as
the property of the seller or removed from the development or its
location as approved by the AIPPC. In the event that a property is
to be demolished within the 20-year period, the owner must relocate
the public art to another publicly accessible, permanent location
that is approved in advance by the AIPPC.
(B)
A property owner may petition the AIPPC to relocate the public art
to another publicly accessible location on the development project
site.
(C)
In the case of removal of the public art for any reason prior to
the expiration of the 20-year period, developer or owner of the development
project must notify the City at least 30 days in advance of the removal,
and must replace the public art within six months of its removal,
meeting all of the requirements of this chapter and using the same
approval process, or pay an amount equal the remaining portion of
the in lieu contribution prorated over the 20-year period.
(D)
Any removal, relocation, or replacement of the public art must be
consistent with the California Preservation of Works of Art Act and
the Federal Visual Artists' Rights Act and any other relevant law.
Developer or owner shall execute a restrictive covenant in a form
acceptable to the City Attorney enforceable by the City, which shall
be recorded against the project site and shall run with the land for
a period of 20 years from the installation date.
(Ord. 3805 § 1, 2006)
The City of Santa Rosa shall contribute to the public art program by annually allocating an amount into the public art fund that is equal to one percent of the total dollar amount of the construction costs of eligible capital improvement projects. Eligible projects covered by this chapter are defined as those capital improvement projects paid for in whole or in part from the City general fund or the park acquisition and development fund, and involving the construction, rehabilitation, remodeling or improvement of any building, structure, park, public utility, street, sidewalk or parking facility within the limits of the City of Santa Rosa. For eligible projects funded from multiple funding sources, only that portion of the total project costs funded from eligible funding sources shall be applicable under this chapter. Park acquisition and development funds may be spent only on public art in parks projects. The fees collected pursuant to the City Code Chapter 19-70, "Parks and Recreation Land Fees" shall not be increased for the purpose of acquiring art in public places.
(Ord. 3805 § 1, 2006)
