Chapter 12.35
ART IN PUBLIC PLACES

Sections:

12.35.010    Purpose and intent.

12.35.020    Definitions.

12.35.030    Applicability.

12.35.040    Exemptions.

12.35.050    Program requirements.

12.35.060    Developer options.

12.35.070    Standards.

12.35.080    Eligible and ineligible costs for private development.

12.35.090    Private ownership and maintenance requirements.

12.35.100    Administrative policies and program guidelines.

12.35.110    Review and approval process.

12.35.120    Appeal.

12.35.010 Purpose and intent.

The purpose of this chapter is to authorize the establishment of guidelines, procedures and standards for the integration of public art into new private and public construction projects throughout the city of San Jacinto. The program shall be identified as “art in public places.”

The intent of the city of San Jacinto’s art in public places program is to provide a diverse and culturally rich environment for San Jacinto residents and visitors. Public art expresses the confidence, vitality and optimism of the community and reflects the highest ideals of its citizens resulting in a more beautiful and livable city. It celebrates our community identity by developing collections of artwork, which have strong inherent aesthetic quality and represent diverse communities through a wide range of artistic styles and disciplines.

Public art helps create a more livable and visually stimulating city. The presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work and visit.

The visual and aesthetic quality of development projects has a significant impact on property values, the local economy and vitality of the city. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. A wealth of art and culture in the public realm will foster the economic development of the community. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.020 Definitions.

The terms used in this chapter shall have the following meanings:

“Addition” means an extension or increase in floor area or height of a building or structure.

“Alteration” means any construction or renovation to an existing structure other than repair or addition.

“Alternative placement plan” means an agreement between a developer of a specific plan, planned development permit, mixed-use, or master plan communities development project and the city of San Jacinto that allows for the establishment of unique policies, placement and ongoing funding for maintenance and support for large scale projects that may include a mixture of on-site and off-site public art throughout a community. The alternative placement plan does not dissolve or reduce a development project’s public art contribution, but does allow for flexibility in the application of the standards listed in this chapter.

“Art in public places committee” means an ad hoc committee of city employees selected by the city manager to make recommendations to the city council. At the city manager’s sole discretion, the committee may include outside individuals.

“Artist” means a person who has a reputation among peers as a person of artistic excellence, through a record of exhibitions, public commissions, sale of works, or educational attainment as judged by the reviewing body with final design review authority for the development project.

“Capital improvement projects” means projects that are included in the city’s capital improvement program.

“Committee” means the arts in public places committee.

“Community amenities fund” means a fund established and maintained by the city of San Jacinto for the purpose of funding public art and cultural programming consistent with the public art program. The community amenities fund is collected for residential developments. For nonresidential projects, see “public art fund.”

“Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers, and includes child care centers licensed pursuant to Section 1596.951 of the Health and Safety Code (Section 26001 of the Business and Professions Code references Section 1596.76 of the Health and Safety Code).

“Day care facilities” has the same meaning as in Section 26001 of the Business and Professions Code.

“Developer” means the person or entity that is financially and legally responsible for the planning, development and construction of any development project covered by this chapter, who may, or may not, be the owner of the subject property.

“Development project” means a project involving the construction of any new residential, commercial (including office and retail uses), industrial, or any mixed use building, tenant improvements, additions to an existing building, or the rehabilitation, renovation, remodeling or improvement of an existing building.

“Director” means the community development director, or a designee of the community development director or the city manager.

“Electric vehicle charging station” means the total components and subsystems that, in combination, connects an electric vehicle (EV) to a source of electricity to recharge electric cars, neighborhood electric vehicles and plug-in hybrids.

“Installation date” means the actual date on which the public art is installed on site.

“Maintenance” means to keep in continuance or in a certain state, as of repair.

“Nonresidential construction” means the addition or alteration of any nonresidential structure.

“Program” means the art in public places program.

“Public art” means an original work of a permanent nature in any variety of media produced by an artist which may include sculpture, murals, photography and original works of graphic art, water features, neon, glass, mosaics, or any combination of forms of media, furnishing or fixtures permanently affixed to the building or its grounds, or a combination thereof, and may include architectural features of the building such as decorative handrails, stained glass and other functional features which have been enhanced to be visually appealing. City-commissioned public art may also include pieces as identified above which may be moved from time to time as a gallery collection and placed in public buildings such as City Hall, the library, parks, Estadillo Mansion and other publicly accessible facilities.

Public art does not include the following:

1.    Art objects that are mass produced of standard design such as playground equipment, benches, statuary objects or fountains;

2.    Decorative or functional elements or architectural details, which are designed solely by the building architect as opposed to an artist commissioned for this purpose working individually or in collaboration with the building architect;

3.    Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art by the artist;

4.    Directional elements such as super graphics, signage as defined in the Chapter 17.335, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions;

5.    Interpretive programs;

6.    Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, print making, or other media arts, specifically commissioned by the city;

7.    Services or utilities necessary to operate or maintain the artwork over time;

8.    Existing works of art offered for sale or donation to the city which do not have an established and recognized significance as public art among arts professionals and art appraisers as judged by the art in public places committee or city council;

9.    Works of art which are not visible to the general public;

10.    Works of art which cannot be reasonably maintained within the resources allocated by the city of San Jacinto;

11.    Logos or corporate identity.

“Public art contribution” means the dollar amount required to be contributed to public art pursuant to this chapter.

“Public art fund” means a fund established and maintained by the city of San Jacinto for the purpose of funding public art and cultural programming consistent with the public art program. The public art fund is collected for nonresidential developments. For residential projects, see “community amenities fund.”

“Public construction project” means any city-funded construction or reconstruction project excluding capital improvement program projects.

“Public place” means any exterior area on public or private property which is clearly visible to the general public. If located on private property, the area must be clearly visible from adjacent public property such as a street or other public thoroughfare, sidewalk, or path.

Remodel. See “alteration.”

“Repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

“Residential construction” means the new construction of one or more residential dwelling units.

“Senior housing projects (covenant restricted)” shall have the same definition at Section 17.800.020, senior residential projects (land use). Dwellings designed for persons at least sixty-two (62) years of age, or a person at least fifty-five (55) years of age who meets the qualifications found in Civil Code Section 51.3. Includes senior apartments, retirement communities, retirement homes, homes for the aged. Does not include extended care facilities such as convalescent homes or skilled nursing facilities (“medical services—extended care”); assisted living facilities or senior care facilities (“residential care facilities”).

“Solar photovoltaic system” means the total components and subsystems that, in combination, convert solar energy into electric energy suitable for connection to a utilization load.

“Valuation” means the estimated construction cost for a development project based on the current International Code Council (ICC) valuation tables, or the contract cost, whichever is greater. “Valuation” does not include off-site improvements. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.030 Applicability.

A.    The program shall apply to any of the following development projects:

1.    New residential construction.

2.    New nonresidential construction (commercial, industrial, institutional, or mixed-use) where the valuation of the development project is one hundred thousand dollars ($100,000.00) or more.

3.    Tenant improvement for nonresidential construction where the valuation of the development project is one hundred thousand dollars ($100,000.00) or more.

4.    Public project. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.040 Exemptions.

A.    The following development projects are exempt from the arts in public places program. To the extent that all or some portion of the project includes one or more of the “exclusion items” identified below, those portions of the project shall be excluded from the definition of “development project”; thus, those portions of construction shall not be subject to the requirements of this chapter:

1.    Capital improvement projects;

2.    Day care facilities;

3.    Electric vehicle charging stations;

4.    Fire sprinkler installation work items;

5.    Historic preservation or restoration;

6.    Maintenance of an existing building;

7.    Projects explicitly exempted by development agreements;

8.    Public park projects;

9.    Publicly financed or operated museums or cultural centers;

10.    Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity;

11.    Seismic retrofit or flood protection projects work items;

12.    Senior housing projects (covenant restricted);

13.    Solar (photovoltaic) system applications. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.050 Program requirements.

A.    Prior to the issuance of a building permit, the developer of any development project subject to the program shall pay or deposit the minimum amount determined by the fee methodology established by Resolution 3806 of the city council.

B.    No permanent or temporary certificate of occupancy shall be issued for any structure in the city unless the program requirements have been satisfied.

C.    The developer shall not be reimbursed or otherwise compensated for paying or contributing more than required by the resolution.

D.    Public art fees are paid to the building and safety department prior to issuance of a certificate of occupancy. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.060 Developer options.

A.    The developer of a nonresidential development project may:

1.    Elect to install a permanent public art piece(s) as part of the development project subject to the standards outlined in Section 12.35.070, Standards. The developer and property owner shall enter into a long-term maintenance agreement as outlined in Section 12.35.090 with the city. The maintenance agreement requires that the developer/property owner and successors in interest are responsible for the ongoing maintenance, repair and replacement, as necessary, to keep the work of art in good condition during the term of the agreement.

a.    Using this option, the developer may:

i.    Select the artist directly; or

ii.    Hire a professional consultant to select an artist or artist team to create site-specific artwork. Reimbursement of the consultant shall not exceed five percent (5%) of the total public art contribution.

b.    The developer shall submit a deposit for the public arts fee to the city prior to issuance of building permits. Upon completion of the installation and inspection of the public art piece and recordation of the maintenance agreement, the developer shall submit a detailed cost breakdown/invoice outlining all of the costs associated with the installation of the public art piece. The committee shall review the cost breakdown/invoice to determine the reimbursable costs as outlined in Section 12.35.080. The developer will be reimbursed eligible costs up to the amount of the deposit.

2.    Elect to purchase an existing artwork or commission an original artwork for donation as a gift to the city of San Jacinto’s public art collection. Donations to the city are reviewed by the committee and the city council to determine the aesthetic quality of the donation, the work’s maintenance requirements and the appropriateness of the donation to the overall goals of the program. Donation, delivery and acceptance of such work that occurs prior to the issuance of building permits shall exempt the developer from payment of the public art fee. Donation, delivery or acceptance of such work that occurs after issuance of building permits shall require payment of the public art fee prior to building permit issuance and will be reimbursed upon donation, delivery and acceptance by the city.

3.    Elect to pay the public art fund in-lieu fee. Payment of the public art fee shall be made prior to building permit issuance. Funds are subsequently used by the city of San Jacinto on publicly sited projects.

B.    The developer of a residential development project:

1.    Shall pay the community amenities in-lieu fee. Payment of the community amenities fee shall be made prior to building permit issuance. Funds are subsequently used by the city of San Jacinto on publicly sited projects.

2.    For specific plan, planned development permit, mixed-use, or master plan communities, the developer may enter into an agreement with the city for an alternative placement plan. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.070 Standards.

A.    Site Criteria for Developers.

1.    Eligible Public Art Locations.

a.    Such facilities include commercial or residential buildings and adjoining plazas, parks, sidewalks, traffic islands, public buildings, power stations, etc.

b.    Spaces may only be exterior and must be accessible to the public at all times.

c.    Locations can include surface treatments of buildings, retaining walls, and bridges. The definition of “location” can also be expanded by an artist’s ability to extend the possibilities for public art, and would then be determined on a case-by-case basis.

d.    Projects can also include artist-designed features that might otherwise be provided by commercial sources, such as gates, water fountains, tile and surface materials, doors, furniture, clocks, lighting fixtures, railings, signage, etc., by using public art allocations to supplement and enhance the budget.

2.    Eligible Public Art Components. The art in public places program is receptive to the broadest definitions of art and encourages imaginative interpretations of media. The possible media and materials, which might be used for permanent installation, decorative or functional purpose, include:

a.    Sculpture. Freestanding, wall supported or suspended, kinetic, electronic, etc., in any material or combination of materials.

b.    Painted and mosaic murals.

c.    Earthworks, fiberworks, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, film, holographic and video systems, hybrids of any media and new genres.

d.    Standardized fixtures such as gates, streetlights, signage, etc., may be contracted to artists for unique or limited editions.

B.    Eligibility. Artworks may be:

1.    Singular, discrete objects (sculpture).

2.    Artist designed amenities (streetscapes, paving treatments, lighting standards and treatments, benches, wayfinders, architecturally integrated water features, artist designed landscape treatments or other artist designed amenities or aesthetic treatments).

3.    Artworks must be located outside in publicly accessible locations.

4.    If artwork is part of a limited edition series, the series must be no larger than twenty (20).

C.    All projects shall comply with all applicable policies and design guidelines established under Section 12.35.100. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.080 Eligible and ineligible costs for private development.

A.    Eligible Costs for Reimbursement. All artworks created by artists are considered eligible expenses for the art in public places program as well as the following:

1.    Structures which enable the display of artwork(s).

2.    Artists’ budgets for projects, which will be expected to cover:

a.    Professional fees for the artist(s).

b.    Labor of assistants, materials, and contracted services required of the production and installation of the work of art.

c.    Any required permit or certificate fees.

d.    Business and legal costs directly related to the project.

e.    Studio and operating costs.

f.    Communication and other indirect costs (insurance, utilities).

g.    Travel expenses of the artist for site visitation and research.

h.    Transportation of the work of art to the site.

i.    Preparation of site to receive artwork.

j.    Installation of the completed work of art.

k.    Documentation (color and black and white photographs) of the artwork.

3.    Subcontractors including fabricators, engineers, contractors, signage, etc.

4.    Installation of lighting with the explicit intent to light the artwork.

B.    Ineligible Costs for Reimbursement. The following are ineligible for consideration as contribution to the public arts program:

1.    Directional elements such as super graphics, signage, or color-coding except where these elements are integral parts of the original work of art.

2.    “Art objects” which are mass produced of standard design such as playground equipment, fountains, or statuary objects.

3.    Reproductions, by mechanical or other means, of original works of art.

4.    Decorative, ornamental, or functional elements that are designed by the building architect as opposed to an artist commissioned for this purpose.

5.    Landscape architecture and landscape gardening except where these elements are designed by the artist and/or are an integral part of the work of art by the artist.

6.    Services or utilities necessary to operate or maintain the artwork over time.

7.    Artwork maintenance. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.090 Private ownership and maintenance requirements.

A.    Public Art Ownership. All privately sited art pieces shall remain the property of the property owner for the life of the project. Title and ownership of the artwork shall transfer in whole or in part to any successor in interest of the art pieces.

B.    Maintenance. The owner of the artwork shall provide all maintenance necessary to preserve the work in good condition. In addition, the owner of artwork shall maintain in full force and effect fire and extended insurance coverage, including but not limited to vandalism coverage, in a minimum amount of the purchase price of said artwork. Failure to maintain the artwork will make the owner subject to possible liens against the real property.

C.    Art in Public Places Maintenance Agreement with the County of Riverside. Owner must execute a recordable art in public places maintenance agreement (“maintenance agreement”) regarding ownership and maintenance of the artwork. The maintenance agreement shall have a term of the life of the project, or twenty (20) years, whichever occurs first. The agreement must be recorded with the county of Riverside prior to issuance of certificate or temporary certificate of occupancy.

D.    Removal or Alteration of the Work. Public art installed onto or integrated into a private construction project shall not be removed or altered without the approval of the committee during maintenance agreement. In such an event, the owner shall contribute funds equal to the original public art fees, or replace the work with another of equal value, as approved by the city. The property owner may be subject to fines or liens against the real property for failure to comply.

E.    Review. Any proposed public art will be reviewed by the committee for compliance with all applicable standards and guidelines. A recommendation will be made to the city council which has final authority on the public art installation. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.100 Administrative policies and program guidelines.

The city manager is authorized to establish and maintain written administrative policies as program guidelines, which shall implement the requirements of this chapter. A copy of the program guidelines shall be maintained by the community development department. The program guidelines shall be approved by the city manager, based on the recommendation of the director. The program guidelines may include, but are not limited to, the following elements:

A.    Standards for eligible public art works.

B.    Media and materials in public art.

C.    Standards for placement and site selection of public art.

D.    Standards for placement of public art on both public and private development sites.

E.    Role and procedures of the art in public places committee.

F.    Art selection process.

G.    Art selection standards and criteria.

H.    Maintenance and conservation of public art works.

I.    Staffing and administration of the public arts program.

J.    Public art collection review and deaccessioning.

K.    Catalog and inventory procedures for the collection of art installed under this chapter. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.110 Review and approval process.

A.    Art in Public Places Committee. The art in public places committee serves in an advisory capacity providing recommendations for art placement to the city council.

B.    The art in public places committee is charged with the responsibility to:

1.    Serve as the selection panel for all city-initiated public art projects;

2.    Serve as the first review body for all privately initiated public art projects;

3.    Provide technical and aesthetic recommendations for all public and private public art projects for the city council.

C.    Alternative placement plans may be considered for specific plan, planned development permit, mixed-use, or master plan communities. The alternative placement plan allows for the city and developer to create unique policies, placement and ongoing funding for maintenance and support for large scale projects that may include a mixture of on-site and off-site public art throughout a community. The alternative placement plan shall be reviewed by the committee before making a recommendation to the city council. The alternative placement plan does not dissolve or reduce a development project’s public art contribution, but does allow for flexibility in the application of the standards listed in this chapter. (Ord. 20-07 § 2 (Exh. 1 (part)))

12.35.120 Appeal.

A.    Eligibility. An appeal in compliance with this chapter may be filed by any person for actions taken by the committee or city staff. Decisions of the city council are final and cannot be appealed.

B.    Timing and Form of Appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.

1.    The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority (e.g., commission, development review committee, director, or other city official) in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.

2.    The appeal shall be filed within ten (10) days following the actual date the decision was rendered.

3.    The appeal shall be accompanied by the filing fee identified in the city’s planning fee schedule.

C.    Judicial Review. No person shall seek judicial review of a city decision on any matter in compliance with this chapter unless and until all available appeals to council have been first exhausted in compliance with this chapter. (Ord. 20-07 § 2 (Exh. 1 (part)))