(a) It is the intent of the city to create a program designed to promote
the arts in public places. It is intended that art work will be installed
throughout the neighborhoods of Escondido and be a source of pride
to the residents of the city and the community life.
(b) The public art partnership program will provide art education and
experiences which will enhance the economic vitality, commemorate
local values, history and progress, as well as develop community pride
and identity and improve the general welfare and quality of life in
the city. The program will promote partnership between business, local
government and private citizens and thereby encourage awareness and
enjoyment of art experiences. An increase in the quantity and quality
of distinguished works of art will improve and expand the use and
value of public buildings and facilities and enhance the urban development
of the community.
(Zoning Code, Ch. 107, § 1074.10)
"Art in public places"
means any visual work of art, accessible to public view,
on public or private property within the Escondido neighborhood environs
including residential, business or industrial buildings, apartment
and condominium complexes, parks, multiple-use structures and similar
facilities. The work of art may include, but need not be limited to,
sculptures, murals, monuments, frescoes, fountains, paintings, stained
glass or ceramics. Media may include, but need not be limited to,
steel, bronze, wood, plastic, stone and concrete.
"Tenant improvements"
mean improvements within the confines of an existing building
exclusive of those required to meet minimum Uniform Building Code
occupancy standards, such as wiring or plumbing.
(Zoning Code, Ch. 107, § 1074.20)
(a) The city council shall appoint a public art commission, which shall
meet as needed. The commission shall consist of seven members possessing
an interest in public art. Members of the public art commission shall
be appointed by the mayor. Members shall reside or own a business
within the city's general plan; up to two members may be appointed
who do not reside or own a business within the city's general plan
provided they are employed at a business within the city's general
plan. Members of the public art commission shall serve at the pleasure
of the council, and may be removed from office at any time, without
cause.
(b) The terms of office for members of the public art commission shall
be for a two year period commencing with the actual date of appointment
and ending on March 31st of the second year thereafter.
(c) Any vacancy which occurs prior to the expiration of a term shall be filled by appointment for the unexpired portion of such term consistent with the nomination procedure provided for in section
2-30.
(d) The commission shall appoint a chairperson and shall designate ex
officio advisers to aid in the commission functions without vote.
(e) Ex officio advisers shall include:
(2) An architect or urban designer;
(3) An arts professional such as a curator, fine arts collector, art
critic or art educator;
(4) A member of the business or industry community;
(5) A member of the community services commission.
(Ord. No. 2021-14R, § 4, 3-2-22)
The duties of the public art partnership panel shall include,
but not be limited to, the following:
(a) To review, select and approve art work proposed within the public
art partnership program;
(b) To devise methods of selecting and commissioning artists with respect
to the design, execution and placement of art in public places and
to advise the city council on the selection and commissioning of artists
for such purposes;
(c) To advise the city in matters pertaining to the quality, quantity,
scope and style of art in public places;
(d) To advise the city regarding the amount of the "percent for art"
fund to be expended on specific art projects;
(e) To review and maintain an inventory of art in public places and advise
the city in matters pertaining to the maintenance, placement, alteration,
sale, transfer, ownership and acceptance or refusal of donations and
other matters pertaining to art in public places;
(f) To recommend the retention of consultants to assist the city in making
decisions concerning the public art partnership program;
(g) To advise and assist private property owners regarding the selection
and installation of works of art to be located on private property
in the public view;
(h) To act as a liaison between artists and private property owners desiring
to install works of art on private property in public view;
(i) To establish and maintain an inventory of meritorious works of art
in the public view and give recognition to the artist and the donor;
(j) To endeavor to preserve works of art in the public view deemed to
be meritorious by the public art partnership panel through agreements
with the property owners and the artist;
(k) To seek grants, donations, gifts and other funding methods for works
of art in public places;
(l) To educate, edify and generally inform the public about art.
(Zoning Code, Ch. 107, § 1074.31)
(a) By resolution, the city council shall establish a schedule of construction requiring building permits from the city which shall pay a fee for art in public places or provide art in public places pursuant to subsection
(b) of this section. There shall be no fee for the following:
(1) Individual tenant improvements in a commercial or industrial building
and all residential improvements to existing residential structures
(such as room additions) except for work which results in an additional
dwelling unit.
(2) The first 2,000 square feet of any structure. This exception shall
not apply on an individual basis to commercial structures which are
part of a larger integrated commercial center, but shall apply only
to the first 2,000 square feet of the entire center.
(b) Prior to issuance of a building permit, the applicant or developer for projects identified in subsection
(a) of this section shall be required to either:
(1) Pay the art fee which shall be established from time to time by city
council resolution; or
(2) Enter into an agreement with the city to defer payment to a date
established by the city, not to exceed one year from building permit
issuance, with the calculation of such fee due based on the fee schedule
in effect at the time of payment; or
(3) In lieu of the fee, donate art which shall have been approved by
the public art partnership panel and have a minimum value determined
by the panel based upon the fee schedule which shall be established
by city council resolution; or
(4) A combination of the above.
(c) If art has been provided in lieu of a fee for construction requiring
building permits, the art shall be installed, maintained and operated
at all times in substantial conformance with the manner in which the
art was originally approved by the panel.
(d) Following approval of the project, the applicant shall record a document
with the county recorder setting forth a description of the art and
stating the obligation of the property owner to repair and maintain
the art project. This document and the underlying land shall be in
form to run with the land and provide notice to future property owners
of the obligation to repair and maintain the art project.
(e) At any time the panel has determined that project has not been maintained
in substantial conformance to the manner in which it was originally
approved, the panel shall require the current property owner to either:
(1) Repair or maintain the art; or
(2) Pay the art fee required by subsection (b) of this section, based
upon the current fee schedule and the square footage of the building,
structure or improvement for which the art was required.
(Zoning Code, Ch. 107, § 1074.40; Ord. No. 90-26, § 1, 6-13-90; Ord. No. 97-10, § 1, 6-4-97; Ord. No. 2012-12, § 8, 6-20-12)
The public art partnership shall develop procedures to implement
the public art partnership program and shall develop and review criteria
for all art under the program.
(Zoning Code, Ch. 107, § 1074.50)
At any time the panel reviews an art project proposal, the advance
notice shall be published at least once in a newspaper of general
circulation. At any time the panel or the city council reviews an
appeal of a decision on an art project proposal, advance notice of
such review shall be given to the applicant and shall be published
at least once in a newspaper of general circulation.
(Zoning Code, Ch. 107, § 1074.51)
Decisions of the public art partnership panel pursuant to this
article and related resolutions on art for private and public property
are deemed final at the time they are made and are effective 10 days
after the decision is made. An appeal of any final decision filed
with the city clerk within 10 days of the date the decision is made
shall stay the decision until determination of the appeal. An appeal
to the panel for reconsideration of the panel decision may be filed
by any aggrieved person, and shall be processed as follows:
(a) An appeal shall be reviewed at the first regularly scheduled meeting
after it is filed;
(b) Appeals shall be filed on forms available at the city clerk's office
and shall contain the grounds upon which the appeal is made;
(c) On appeal, the panel shall review all pertinent documents, including
the original application, records, specifications and details of the
appeal which may indicate how or why the application and art proposal
failed to meet the requirements of this article and the related resolutions
and guidelines;
(d) The panel may affirm, reverse or modify in whole, or in part, any
appealed decision, determination or requirement. Before granting any
appealed petition which was originally denied, the panel shall indicate
in writing where and how the proposal meets or fails to meet the relevant
requirements as stated;
(e) The panel review of its own action may be appealed by any aggrieved
person in writing to the city council within 10 days of the panel's
final decision. The appeal shall state the grounds upon which it is
based. A fee of $50 to cover costs on appeal shall be paid at the
time the appeal is filed;
(f) The city council will not exercise its independent judgment on artistic
matters unless the city council requests that the matter be put on
the agenda for review or an appeal of a panel decision is filed. Unless
the city council determines to exercise its independent judgment as
provided in this section, designs, sketches, precise plans, photographs,
art examples and similar items concerning art in public places shall
not be transmitted to the city council as a matter of course in conjunction
with projects before the city council.
(Zoning Code, Ch. 107, § 1074.52)
A certificate of occupancy shall not be issued until such time
as the art/sculpture is in place, the appropriate fee has been paid
or a letter of credit for the full amount of the fee has been deposited
with the city. If the art work is not completed within 12 months,
the fee or letter of credit shall be forfeited and the obligation
satisfied.
(Zoning Code, Ch. 107, § 1074.53)
(a) The public art partnership panel shall receive art/sculpture project
proposals from sculptors, painters, environmental artists, ceramicists,
glass artists, woodworkers and metalsmiths. All such artists who work
in either large or small scale are encouraged to submit project ideas.
The panel shall maintain such ideas in readiness for continuous review
by the panel and such ideas shall be matched with requests by developers,
builders, owners or users of prospective sites. The panel shall also
make available to other public and private organizations such information.
(b) The public art partnership panel shall develop necessary criteria
for the nondevelopment proposals.
(Zoning Code, Ch. 107, § 1074.60)