(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:
(1) 
A visual artist;
(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)