Chapter 18 Public Art 18.010 Purpose A. The purpose of this chapter is to require the integration of public art into private and public development projects, and to authorize the establishment of guidelines, procedures and standards for the integration of public art into such development projects. B. Public art helps make cities more livable and more visually stimulating. The experience of public art makes the public areas of buildings and their grounds more welcoming. It creates a deeper interaction with the places people visit, and in which people work and live. Public art illuminates the history of a community while it points to the city's aspirations for the future. A city rich in art encourages cultural tourism which brings in visitor revenues. C. To achieve these goals, public art planning should be integrated into development project planning at the earliest possible stage, and artists selected should become a member of a development project's design team early in the design process. 18.020 Authority In adopting this chapter, the city is relying on its police power pursuant to Article II, section 5 and 7, of the California Constitution. In accordance with the case of Erlich v. City of Culver City (1996) 12 Cal.4 th 854, the requirement to provide public art and/or pay a public art in lieu fee in accordance with this chapter is akin to traditional land-use regulations imposing design conditions, and a valid exercise of the city s traditional police power. The requirements of this chapter, including the requirement concerning providing public art in a location reasonably accessible to the public, like other design and landscaping requirements, are aesthetic controls within the city s authority. 18.030 -- Definitions A. Artist. A practicing professional artist or group of artists skilled in the design and/or creative production of aesthetic objects, with qualifications recognized by peers and/or evidenced through a record of exhibitions, public commissions, sale of works and educational attainment. B. Construction cost. The total construction cost of a development project as determined by the Community Development Director from building permit application(s), or the total cost of the above-ground elements of a park or public works project, except as specified in section 18.060. Construction cost is calculated using all relevant building permit applications, including, but not limited to, all grading, building, plumbing, mechanical, site improvement, parking lot, lighting, and electrical permit applications for a development projects, but excludes costs solely attributable to interior tenant improvements. C. Construction or reconstruction. The construction or the rehabilitation, renovation, remodeling or improvement of a building, park, or other improvement subject to the requirements of this chapter D. Private construction project. Any privately funded non-residential construction or reconstruction subject to the requirements of this chapter. E. Public art. Original works of art that meet the requirements of section 18.120, including, but not limited to, sculpture, murals, photography and original works of graphic art, water features, neon, glass, mosaics, or any combination of media. Public art may include furnishings or fixtures, permanently affixed to buildings or building grounds, including but not limited to, works fixed to or comprising gates, walls, railings, street lights walkways or seating, so long as they are created by an artist and otherwise meet the requirements of section 18.120. Public art may also include architectural features of a building, and artistic or aesthetic elements of overall building architecture or landscape design if created by an artist, so long as such features or elements otherwise meet the requirements of section 18.120. Public art for purposes of this chapter excludes: 1. Objects that are mass- produced or not unique to a particular development project; Ordinance No. 2300 N.C.S. 18-1
2. Decorative or functional elements or architectural details, unless designed by an artist and otherwise meeting the requirements of section 18.120; 3. Landscape architecture and landscape gardening unless designed by the artist and otherwise meeting the requirements of section 18.120; 4. Directional elements such as super graphics, signage, or color coding unless designed by an artist and an integral part of public art that otherwise meets the requirements of section 18.120; 5. Logos or expressions of corporate identity that do not otherwise satisfy the definition of public art in accordance with this section and the requirements of section 18.120. F. Public Art Committee. The committee established pursuant to section 18.180 to perform the duties required pursuant to this chapter and any ordinance or resolution of the City Council pertaining to the city s public art program. The Public Art Committee is also referred to in this chapter as the Petaluma Public Art Committee or PPAC. G. Public art in-lieu fee. The fee required to be paid to the city pursuant to this chapter equal to one percent of the construction cost as defined in this section in lieu of providing public art for public or private construction as otherwise required pursuant to the requirements of this chapter. H. Public art cost. The cost of providing public art in accordance with the requirements of this chapter. Such cost may include, but is not limited to, the design, development, acquisition, execution and installation of public art, and includes the cost of administering the city s public art program, but shall not include maintenance costs. I. Public art fund. The account established pursuant to section 18.190 containing public art in lieu fees collected pursuant to this chapter and other contributions to the city s public art program for use for the limited purposes specified in section 18.190. J. Public construction project. Any publicly-funded construction or reconstruction subject to the requirements of this chapter. K. Visual art professional. Any of the following: professional artist in any medium, art curators, art critics, art historians, arts educators, architects or other design professionals with a visual arts background, and fine arts collectors. 18.040 Duty to Provide Public Art and/or Pay Art in Lieu Fee Developers and/or owners of public and private construction projects to which this chapter applies in accordance with section 18.050 must provide public art that meets the requirements of section 18.120 and/or pay the art in lieu fee as defined in section 18.030 in accordance with section 18.090 and this chapter, and demonstrate compliance with the requirements of this chapter in accordance with section 18.140 and 18.150. 18.050 Applicability The provisions of this chapter apply to all public construction projects and non-residential private construction projects with a construction cost of $500,000 or more, (including private mixed-use construction projects that include residential development, as long as the non-residential development in the mixed-use project has a construction cost of $500,000 or more), that will be constructed in any of the zoning districts specified in section 18.070, except those construction projects that are exempt from the requirements of this chapter in accordance with section 18.060. 18.060 - Exemptions The requirements of this chapter do not apply to the following: A. Underground public works projects; B. Street or sidewalk repair, construction, or reconstruction; C. Tree planting; 18-2 Ordinance No. 2300 N.C.S.
D. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity; E. Affordable housing construction, remodel, repair or reconstruction projects; F. Seismic retrofit projects as defined by Chapter 17.34 of the Petaluma Municipal Code; G. Construction, remodel, repair or reconstruction of structures owned and occupied by public-serving social service and non-profit agencies; H. Utility pump stations and reservoirs; and I. Fire sprinkler installation projects as defined by Section 17.20.070 of the Petaluma Municipal Code. 18.070 -- Zoning Districts in which Public Art and/or Payment of the Public in Lieu Fee is Required Public construction projects and non-residential private construction projects located in any of the following zoning districts are subject to the requirement to provide public art and/or pay an art in-lieu fee in accordance with section 18.040 of this chapter: A. Mixed Use (MU1A, MU1B, MU1C, and MU2). B. Commercial 1 (C1). C. Commercial 2 (C2). D. Industrial (I). E. Business Park (BP). F. Planned Unit District (PUD) and Planned Community District (PCD), except residential PUD's and PCD's; but including mixed use. G. T-5 and T-6 Zones, as established by the Central Petaluma Specific Plan Smart Code, except projects that are entirely residential, but including mixed use. H. Any City Zoning District for any public construction project as defined by this chapter. 18.080 - Voluntary Participation in Public Art Program for Residential Projects of 50 Units or More Applicants for any private residential construction project of 50 units or more, as permitted in any applicable zoning district, are strongly encouraged to voluntarily participate in the public art program by following the procedures set forth in this chapter. 18.090 Minimum Cost of Public Art/Public Art in Lieu Amount Public Art provided in accordance with this chapter must have a public art cost of not less than one percent of the construction cost for a private or public construction project subject to this chapter, except as provided in this section. The public art in lieu fee that applies to private or public construction projects subject to his chapter shall be equal to one percent of the construction cost for the private or public construction project. If public art proposed for a private or public construction project subject to this chapter has a public art cost of less than one percent of the construction cost, and the public art otherwise meets the requirements of this chapter, the developer and/or owner of the private or public construction project must pay a public art in lieu fee equal to the difference between the public art cost and one percent of the construction cost. 18.100 - Location of Public Art Public art provided in accordance with this chapter must be displayed in a manner that will enhance the general public s enjoyment of the public art, and must be located either: (1) in areas on the site of the private or public construction project clearly visible from the public right-of-way, or (2) on the site of an approved open space feature of the private or public construction project, or (3) upon the approval of the authorized public agency or agencies, on adjacent public property, or (4) in a publicly accessible area of the private or public construction project. 18.110 - Eligible Artists Eligible artists to provide public art in accordance with this chapter may not be an employee of the architect, engineer or landscape architect for the private or public construction project subject to this chapter. 18.120 Public Art Requirements Public art that is proposed or provided pursuant to this chapter must satisfy all of the following requirements: A. The art must be designed and constructed by an artist; B. The art must relate in terms of scale, material, form and content to immediate and adjacent buildings and architecture, landscaping or other setting so as to complement the site and its surroundings, and must be consistent with any applicable action of the Planning Commission, or City Council as it may relate to any development entitlements for the private or public construction project; Ordinance No. 2300 N.C.S. 18-3
C. The art must demonstrate excellence in craftsmanship, originality in conception and integrity of materials; D. Permanent art must be a fixed asset of the public art site; E. Minimal maintenance must be adequate for preserving the long-terms integrity and enjoyment of the art, as evidenced by a maintenance plan submitted with the public art proposal; F. Art in private construction projects must be maintained by the property owner in a manner acceptable to the city in accordance with a maintenance plan submitted with the art proposal; G. The art must meet all applicable building code requirements. H. The art must be accompanied by an identifying plaque that features the artist s name, artwork title and date of completion. This plaque must be made of a durable material and be installed permanently near the art. 18.130 Verification of Compliance with this Chapter Prior to Issuance of Building Permit The owner and/or developer of private or public construction subject to the requirements of this chapter must demonstrate compliance with the requirements of this chapter in one of the following ways upon filing a building permit application; A. Payment of the full amount of the applicable public art in-lieu fee; and/or, B. Presentation of a valid and binding contract to commission or purchase and install the required public art on the subject development site, and a written approval of the proposed art from the PPAC that certifies that the proposed public art satisfies the requirements of section 18.120. 18.140 Satisfaction of Public Art Requirements Appeal Upon a determination that the proposed public art does not comply with the requirements of section 18.120, above, the determination may be appealed to the City Council in the manner prescribed by section 24.070 of this ordinance. 18.150 Verification of Compliance with this Chapter Prior to Issuance of Certificate of Occupancy Proof of Installation The owner and/or developer of private or public construction subject to the requirements of this chapter must provide the city proof of installation of the required public art in accordance with this chapter prior to the issuance of a Certificate of Occupancy for the private or public construction. The required proof of installation must include a public art maintenance plan specifying how the public art will be maintained in accordance with the requirements of section 18.120. Compliance with the public art maintenance plan must be a condition of approval of the private or public construction and the public art maintenance plan must be kept on file by the Community Development Department. 18.160 Title to Public Art Title to all public art provided pursuant to this chapter shall pass to the successive owners of the private or public construction subject to the requirements of this chapter so that the public art remains for the life of the construction, subject to the requirements of this chapter. Each successive owner of the private or public construction shall be responsible for the custody, protection and maintenance of the public art, and the running of this requirement with the ownership of the private or public construction must be a condition of approval of the private or public construction. 18.170 Replacement of Public Art The following requirements must be met before any public art is replaced: A. The public art cost of the replacement public art shall be equal to the public art cost of the public art to be removed in present dollars. B. The replacement public art must conform, in every respect, to all public art requirements in effect at the time of the replacement. Such public art requirements that replacement public art must satisfy include, but are not limited to, that the location of the replacement public art must meet the requirements for public art location in effect at the time of the replacement. C. The replacement public art, including its location and installation, must comply with all applicable laws, ordinances, rules and regulations. 18-4 Ordinance No. 2300 N.C.S.
D. The replacement public art must be available for public viewing not more than 180 days after the replacement public art is removed, unless a longer time is approved by the Community Development Director. 18.180 - Public Art Committee A. A Public Arts Committee is hereby established. Terms of office for each of the Committee members shall be fouryear, staggered terms. The Committee shall be comprised of seven members as follows: 1. Three members shall be Visual Arts Professionals and appointed by the City Council from the community at-large. 2. One member shall be a member of the Recreation, Music, and Parks Commission, as nominated by the members of the Recreation, Music, and Parks Commission and appointed by the City Council. 3. One member shall be a member of the Petaluma Arts Council, as nominated by the Arts Council and appointed by the City Council. 4. Two members shall be appointed by the City Council from the community-at-large. B. The Committee shall perform the duties required by this chapter and any other ordinance or resolution of the City Council pertaining to the City's public art program. 18.190 - Public Art Fund A. All fees collected pursuant to this chapter shall be held in a special fund referred to as the public art fund, maintained, managed and reviewed by the City Manager or his/her designee. In addition to fees collected pursuant to this chapter, funds acquired through gifts, grants, donations, fundraising efforts and other contributions directed to the public art program shall also be deposited in the public art fund for use in accordance with this section. Permitted uses of monies held in the public art fund are limited to the following: 1. The cost of installing public art on public property, including the cost of commissioning or otherwise acquiring and providing and preparing sites for public art; 2. The cost of public art lighting; 3. The cost of public art identifying plaques; 4. The cost of maintaining public art that is not subject to a privately-funded maintenance plan on public property; 5. The cost of supporting publicly accessible art exhibits; 6. The cost of documenting the city s public art program and promotion of the program through education, publicity and outreach; 7. The cost of conserving the city s public art collection; 8. The cost of planning and administering the city s public art program consistent with the annual budget planning process, including the cost of staff support for the Public Art Committee. B. The Public Arts Committee, with assistance from staff, shall, as part of the City's annual budget process, estimate the operating costs of the public art program for the given fiscal year, including, but not limited to, staff support and related expenses; curatorial services; documentation; publicity; community education and any other services or programs in accordance with this chapter. Revisions to the adopted annual budget for the Public Art Fund shall be subject to the review and approval of the City Manager, who may submit such revisions for the review and the approval of the City Council. Ordinance No. 2300 N.C.S. 18-5
18.200 - City Council Review of this Chapter and the Public Art Program The City Council shall review the provisions of this chapter, any related rules, regulations or policies and the effectiveness of the city s public art program periodically as deemed appropriate, and may amend this chapter and/or other elements of the city s public art program that in the city council s discretion may enhance the city s public art program and its benefits. As part of such review or otherwise, the city council may seek the recommendations of the Public Art Committee concerning potential improvements to the city s public art program. The Public Art Committee may also on its own initiative make recommendations to the City Council concerning improvements to the public art program. 18-6 Ordinance No. 2300 N.C.S.