The purpose of Claremont's Public Art Program is to enhance
the aesthetic and cultural quality throughout the community, provide
opportunities for the public to be exposed to a broad range of quality
visual art, acknowledge our local artistic community, inspire pride,
identity, and a sense of place among the residents of the community
and enhance the general welfare of people living and working in the
City of Claremont.
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For purposes of this chapter, the following terms shall have
the following meanings:
"Artist"
shall mean an individual generally recognized by critics
and peers as a professional practitioner of the visual arts as judged
by the quality of the professional practitioner's body of work, educational
background and experience, past public commissions, sale of works,
exhibition record, publications, and production of artwork.
"Artwork"
shall mean works in any style, expression, genre and media
created by an artist as defined herein that may be permanent, temporary,
and functional. Artwork may be stand-alone and integrated into the
architecture, landscaping, or other site development if such are designed
by an artist as defined herein.
"Arts professionals"
shall mean visual artists, curators, educators, and others
who engage in specialized practices pertaining to the visual arts.
"Building permit valuation"
shall mean the combined total valuation of all new structures,
including tenant improvements within those new structures, within
the premises, using the latest building valuation data as set forth
by the International Code Council and utilized by the City of Claremont
in determining valuation.
"Capital project"
shall mean any construction project of any new City building
or facility and renovation of any existing City building or facility
financed wholly or in part by funds appropriated by the City Council.
For the purposes of this chapter, street and right-of-way improvements,
sewer and drainage projects, and public landscape maintenance projects
are not considered facilities.
"Conservation"
shall mean the activities required to repair, restore, and
conserve a damaged or malfunctioning artwork, including treatment
that returns the artwork to its original condition.
"Deaccession"
shall mean the removal of artwork from the City's collection
and care.
"Design professionals"
shall mean architects, civil, structural, mechanical, electrical
engineers; landscape architects; urban planners; graphic, interior,
industrial, fashion designers; and others whose services require licensing
or registration by the state or otherwise require the knowledge and
application of design principles appropriate to the Public Art Program.
"Maintenance"
shall mean all activities required to conserve, repair, or
preserve the integrity of the artwork and setting within which the
artwork is located. Routine maintenance is limited to the basic day-to-day
care of the artwork.
"Public art"
as defined herein shall be artwork located in a public place
on private property or on land or in a building owned by the City
of Claremont. Public art shall encompass the broadest possible range
of expression, media, and materials.
"Public place"
shall mean an area on public or private property that is
freely accessible to and available for use by the general public during
normal hours of business operation consistent with the operation and
use of the premises including public rights-of-way, landscape areas,
entry plazas, building façades, interior lobbies, meeting spaces,
and rooftop gardens.
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Except as otherwise provided in Section
16.148.030 of this chapter, the requirements of this chapter shall apply to all new subdivisions, development projects, and remodeling and modifications to existing development projects.
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The following projects are exempt from the requirements of this
chapter:
A. Reconstruction
of a building built prior to September 23, 1997, if destroyed by fire,
earthquake, and flood and rebuilt to the same size and height.
B. Rehabilitation
of a building or structure listed on a local, state, or national historic
register.
C. New
construction or modifications to existing development for an educational
institution or other organization that is exempt from federal income
tax under Internal Revenue Code Section IRC 501(c)(3), including residential
development.
D. Any project which is not included in one of the categories listed in the table contained in Section
16.148.060, Minimum Allocation for Artwork.
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The minimum allocation for artwork shall be based on a percentage
of the project's total building permit valuation as computed using
Claremont's current building valuation data. In determining the minimum
allocation for the acquisition of artwork, the percentages are as
shown in the following table:
PROJECT TYPE
|
PERCENTAGE
|
---|
Public capital improvement projects, except street, right-of-way,
sewer, and drainage projects, with a building permit valuation of
$150,000.00 or greater
|
1%
|
Commercial and industrial development projects that have a building
permit valuation of $250,000.00 or greater
|
1%
|
Residential development projects with a building permit valuation
of $250,000.00 or greater, except individually built single-family
homes
|
1/2%
|
New single-family tract construction on 5 or more lots or a
new subdivision of 5 or more lots. For a project consisting of vacant
single-family lots to be sold for future development, the minimum
allocation shall be based on the estimated building permit valuation
assuming maximum permitted density and dwelling unit sizes
|
1/2%
|
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Private and municipal public art shall utilize whenever possible:
A. Sustainable
design principles including alternative energy sources, recycled materials,
low polluting and energy conserving production techniques, and renewable
resources.
B. Public
art that incorporates sustainable strategies, demonstrates green processes,
and utilizes green design, materials, theories, and techniques.
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The City shall retain the right to deaccession any artwork in
the public art collection. The City Council shall review all artwork
being considered for deaccession by deliberate, standardized procedures
independent of political pressures, fluctuations in artistic taste,
and public opinion pursuant to the City Council policy on the deaccession
of artwork.
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The Public Art Committee may recommend artists and Concept and
Schematic Plans for artwork for projects that are subject to the minimum
allocation for artwork requirement only if all of the following criteria
can be met:
A. Criteria
for the Artist Selection
1. The artist meets the definition of artist, as defined in Section
16.148.010.
2. Demonstrates artistic excellence, innovation and originality as represented
in past work and supporting materials.
3. Demonstrates capacity for working in the selected media and with
concepts that are appropriate to the project goals and site.
4. Demonstrates interest and capability in creating public art in collaboration
with the City, Public Art Program, the design team (if applicable)
and other project partners.
5. Demonstrates experience in successfully completing artwork of similar
scope, scale, budget and complexity, or ability to articulate how
he or she would be able to bring the necessary artistic and technical
skills to this project.
6. Demonstrates interest in and understanding of the project.
7. Is available to perform the scope of the work in a timely and professional
manner.
8. Contributes to the diversity of the City's public art collection.
9. Demonstrates a cohesive team (if applicable).
B. Criteria
for Evaluating Concept and Schematic Plans for Artwork
1. Clearly responds to the project goals.
2. Meets the definition of artwork as defined in Section
16.148.010.
3. Demonstrates excellence in aesthetic quality, workmanship, innovation,
and creativity.
4. Demonstrates appropriateness in scale and form and is of materials
and media suitable for the site.
5. Demonstrates feasibility in terms of budget, timeline, safety, durability,
operation, maintenance, conservation, legal and ethical issues related
to possession and use of proposed artwork, security, storage, and
siting.
6. Builds the diversity of the City's public art collection or adds
depth to an existing art form or heritage already contained in the
City's public art collection.
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Any decision made by City staff, the Architectural Commission and the Public Art Committee pursuant to this chapter may be appealed pursuant to Chapter
16.321, Appeals and Council Review.
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