San Mateo, CA Art in Public Places

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San Mateo, CA, US

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Type: Ordinance

Status: Adopted on 7/18/05

Vote: Unanimous

Source File: http://www.cityofsanmateo.org/downloads/government/ordinances/ordinance_2005_13.pdf

Text:

ORDINANCE NO. 2005-13
ADDING CHAPTER 23.60 TO THE SAN MATEO MUNICIPAL CODE REGARDING ART IN PUBLIC PLACES

The Council of the City of San Mateo, California, ordains as follows:

Section 1. Chapter 23.60 of the San Mateo Municipal Code is added to read:

23.60.010 Purpose.
23.60.020 Program execution.
23.60.030 Art in Public Places Fund.
23.60.040 Applicability.
23.60.050 Certificates of occupancy. 23.60.060 Program Allocations; In Lieu Fee Payments.
23.60.070 Application procedures for placement of artwork on private property.
23.60.080 Approval for placement of artwork on private property.
23.60.090 Ownership of artwork.
23.60.100 Artwork on public property.
23.60.110 Removal or alteration of artwork.
23.60.120 Return of fees.
23.60.130 Annual review.
23.60.140 Severability.

23.60.010 PURPOSE. The City Council finds and declares as follows:

(a) Cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting the city.

(b) Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.

(c) As development and revitalization of the real property within the city continues, the opportunity for creation of cultural and artistic resources is diminished.

(d) As this development and revitalization continues as a result of market forces, urbanization of the community results.

(e) As these opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.

(f) Establishment of this Art in Public Places Program will promote the general welfare through balancing the community’s physical growth and revitalization and its cultural and artistic resources.

(g) It is the purpose of this chapter to establish an Art in Public Places Program to achieve the objectives stated in this section.

23.60.020 PROGRAM EXECUTION. The City of San Mateo Civic Arts Committee and the community development department shall carry out the duties established by this chapter. The Civic Arts Committee shall be comprised of one ex officio member of the City Council selected by the City Council; one member of the Planning Commission nominated by the Planning Commission; one representative of the business community nominated by the San Mateo Chamber of Commerce, or its successor organization; a member of City Arts, Inc. nominated by that organization, or its successor organization; a professional in an arts related field nominated by City Arts, Inc., or its successor organization; and an architect nominated by the local chapter of the American Institute of Architects. All members of the Civic Arts Committee shall be appointed by the City Council. The Civic Arts Committee shall be a special committee subject to the provisions of Section 6.09 of the San Mateo City Charter.

23.60.030 ART IN PUBLIC PLACES FUND. There is a fund known as the “Art in Public Places Fund” into which shall be deposited all fees paid pursuant to this chapter. This fund shall be maintained by the city treasurer, and shall be used for the acquisition, installation, improvement, and maintenance of artwork to be displayed in the city, and the administration of the Art in Public Places Program.

23.60.040 APPLICABILITY. All commercial development projects and multi-family projects with a building permit valuation of three million dollars or more shall be subject to the provisions of this chapter, except when the work authorized by the project approval involves less than a substantial reconstruction of an existing building. “Substantial reconstruction” for the purposes of this section means work the estimated building permit valuation of which exceeds 50% of the replacement value of the existing building based upon construction costs at the time of project approval.

23.60.050 CERTIFICATES OF OCCUPANCY. The following requirements must be met prior to the City’s issuance of occupancy permits for projects subject to this chapter.

(a) Full compliance with one or more of the following:

(1) The approved artwork has been placed in a manner satisfactory to the community development director;
(2) In-lieu art fees have been paid; or
(3) Financial security in an amount equal to the acquisition and installation costs of an approved artwork, in a form approved by the city attorney, has been posted.

(b) Execution and recordation with the San Mateo County recorder by the applicant of covenants, conditions, and restrictions (CC&Rs), in a form approved by the city attorney, which require the property owner, successor in interest, and assigns to maintain the public art in good condition.

(c) Satisfaction of the entire program allocation required by Section 23.60.060 for the project.

23.60.060 PROGRAM ALLOCATIONS; IN LIEU FEE PAYMENTS.

(a) The program allocation, as used in this chapter, is the percentage of the building cost which is set aside for the City’s Art in Public Places Program. The program allocation shall be an amount equal to one-half of one percent of the total building valuation, excluding land acquisition and off-site improvement costs. The total building valuation shall be computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) unless, in the opinion of the Building Official, a different valuation measure should be used.

(b) In lieu of placement of an approved artwork, the applicant may pay to the Art in Public Places Fund an amount equal to the program allocation set forth in subsection (a) of this section.

(c) Nothing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocations; provided that the applicant shall also pay to the Art in Public Places Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.

23.60.070 APPLICATION PROCEDURES FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY. An application for placement of artwork on private property shall be submitted to the community development department and shall include:

(a) Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;

(b) An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs;

(c) Preliminary plans containing such detailed information as may be required by the community development department to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and

(d) A narrative statement to be submitted to the community development department to demonstrate that the artwork will be displayed in an area open and freely available to the general public, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site.

23.60.080 APPROVAL FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY.

(a) Completed applications shall be submitted to the community development department for review of the artwork.

(b) The community development department shall present the completed application to the Civic Arts Committee. The Civic Arts Committee shall review the application for installation of the artwork considering its proposed location, the aesthetic quality and harmony with the proposed project, and the public accessibility to the artwork, including any recommended conditions of approval.

(c) The Civic Arts Committee shall approve a request to install artwork on private property, if it finds:

(1) The aesthetic quality of the artwork merits approval;
(2) The location of the proposed artwork is compatible and in harmony with the proposed development project and with the character of adjacent developed parcels; and
(3) There is sufficient public accessibility to the artwork.

(d) The decision of the Civic Arts Committee is subject to a fifteen-day review period by the City Council, and then becomes final. During this fifteen-day review period any person may appeal a Civic Arts Committee decision to the City Council, who shall conduct a hearing thereon. The decision of the City Council shall be final.

23.60.090 OWNERSHIP OF ARTWORK.

(a) All artwork placed on the site of an applicant’s project shall remain the property of the owner of the site; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site. If the artwork is not maintained in good condition, the occupancy permit for the project may be revoked by the City Council upon due notice and an opportunity to be heard.

(b) Maintenance of artwork, as used in this chapter, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the city, protection of the artwork against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the city attorney. Prior to placement of an approved artwork, applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the artwork. Failure to maintain the artwork as provided in this chapter is declared to be a public nuisance.

(c) In addition to all other remedies provided by law, in the event the owner fails to maintain the artwork, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs therefore shall become a lien against the real property.

23.60.100 ARTWORK ON PUBLIC PROPERTY.

(a) Each year the Civic Arts Committee shall prepare and submit to the City Council an annual plan for the Art in Public Places Program. The annual plan shall include a discussion of the amount of money in the Art in Public Places Fund (“the Fund”), plans for the expenditure of money from the Fund during the year, a description of efforts to raise funds from other sources to be deposited into the Fund, and any other matters the Civic Arts Committee deems appropriate to include in the plan.

(b) Before money from the Fund is expended to purchase and install artwork on public property, the Civic Arts Committee shall consider the proposed expenditure and make a recommendation on the proposal to the City Council. In addition, at any time the Civic Arts Committee may make a recommendation to the City Council to purchase a particular artwork to be displayed on public property. Any recommendations made under this provision shall include the type of artwork considered, an analysis of the constraints applicable to placement of the artwork on a site, the need for and practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork.

23.60.110 REMOVAL OR ALTERATION OF ARTWORK.

(a) Public art installed on or integrated into a construction project pursuant to the provisions of this chapter shall not be removed or altered without the approval of the City Council. If such public art is knowingly removed or altered without prior approval from the public art department, the occupancy permit for the project may be revoked by the City Council upon due notice and an opportunity to be heard. The City may in addition pursue any other available civil or criminal remedies or penalties.

(b) If any artwork provided on a development project pursuant to the provisions of this chapter is knowingly removed by the property owner without the approval of the community development department, the property owner shall contribute funds equal to the development project’s original public art requirement to the City’s Art in Public Places Fund, or replace the removed artwork with one which is of comparable value and approved of by the Civic Arts Committee. If this requirement is not met, the occupancy permit for the project may be revoked.

23.60.120 RETURN OF FEES.

(a) Fees paid to the Art in Public Places Fund which are not committed within ten years from the date of payment may be returned to the then current owner of the development project, with all interest actually earned thereon, if a written request for return is filed with the city clerk during the tenth year after payment, and refund of fees is approved by the City Council. The request for return shall be verified, and include the date of payment, the amount paid and method of payment, the location of the development for which the fee was paid, and a statement that the applicant is the payor of the fees or the current owner of the development project.

(b) The City Council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines any one of the following applies:

(1) The City Council finds the fee is needed for the Art in Public Places Program;
(2) Moneys were not posted as fees, but were satisfied by letter of credit, bond or other instrument taken to secure payment at a future date;
(3) Administrative costs of refunding uncommitted fees pursuant to this chapter exceeds the amount to be refunded; provided, notice of public hearing on this issue has been published and posted on the site of the development project in not less than three places.

23.60.130 ANNUAL REVIEW. Each year upon receipt of the annual plan referenced in section 23.60.100(a), the City Council will conduct an annual review of the Art in Public Places Program.

23.60.140 SEVERABILITY. Each section and provision of this Chapter shall be considered severable and the invalidity of any section or provision of this Chapter shall not affect the validity or enforceability of any other section or provision.

Section 2. CEQA. This project is exempt from CEQA requirements in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per Guidelines Section 15061(b)(3).

Section 3. PUBLICATION. This Ordinance shall be published once in the San Mateo County Times and shall be effective on January 1, 2006.

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