17.310.030 Public art required in certain districts.
A. Public artworks, as defined in SMC 17.310.020, shall be required as part of any private or public construction or reconstruction project located in any commercial or industrial district.
B. Exceptions. The requirements of this chapter shall not apply to the following activities:
1. Underground public works projects;
2. Street, sidewalk, trails or pathway construction or repair;
3. Tree planting;
4. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity;
5. Affordable housing construction, remodel, repair or reconstruction projects;
6. Seismic retrofit projects as defined by Sebastopol City policy;
7. Construction, remodel, repair or reconstruction of structures owned and occupied by public-serving social service and nonprofit agencies;
8. Construction or repair of utility pump stations and reservoirs;
9. Fire sprinkler installation projects;
10. Disabled accessibility improvements.
C. Any private, residential-only project as permitted in any district may choose to voluntarily participate in the public art program. Residential developers choosing to voluntarily participate in the program shall follow the procedures set forth in this section. Applicants choosing to voluntarily participate in the public art program shall provide public art on the project site, as approved by the Public Arts Committee and the Sebastopol Design Review Board.
D. The public art project shall cost an amount not less than one percent of the construction cost for a private or public project as they may relate to that project. The public art may be located:
1. In areas of the site of the building or addition clearly visible from the public street or sidewalk; or
2. On the site of the approved open space feature of the project; or
3. Upon the approval of any relevant public agency on adjacent public property; or
4. In a publicly accessible area of the development project open to the public at least 40 hours a week.
E. The creator of public art shall be a practitioner in the visual arts who is not a member of the project architect, engineering or landscape architect firm. Public art shall be displayed in a manner that will enhance its enjoyment by the general public.
F. Compliance with the provisions of this chapter shall be demonstrated by the owner or developer at the time of filing a building permit application in one of the following ways:
1. Payment of the full amount of the public art in-lieu fee; or
2. Written proof to the Planning Department of a contractual agreement to commission or purchase and install the required public artwork on the subject development site and a written acknowledgment by the project artist and the owner or developer, in a form approved by the City, that the proposed public artwork complies with the following criteria:
a. The art has been approved by the Public Arts Committee;
b. The art shall be designed and constructed by any person experienced in the production of such art and recognized by critics and by his/her peers as one who produces works of art;
c. The art project shall require a low level of maintenance and that the proposed maintenance provisions are adequate for the long term integrity and enjoyment of the work;
d. The artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and architecture, landscaping or other setting so to complement the site and its surroundings and shall be consistent with any corresponding action of the Design Review Board, Planning Commission or City Council as it may relate to any development entitlements;
e. Permanent artwork shall be a fixed asset to the property;
f. The artwork shall be maintained by the property owner in a manner acceptable to the City;
g. The artwork meets all building code requirements.
G. In the event owner or developer does not agree with the findings and decisions of the Design Review Board and/or Planning Commission, the owner or developer may appeal those findings and decisions to the City Council.
H. The owner or developer shall provide the City with proof of installation of the required public artwork on the development site prior to the issuance of a certificate of occupancy. In the alternative, the owner/developer may post a bond in the amount of the in-lieu fee to be reimbursed upon completion of the artwork.
I. Title to all artworks required by and installed pursuant to this chapter shall pass to the successive owners of the development. Each successive owner shall be responsible for the custody, protection and maintenance of such works of art.
J. If, for any reason, the current owner shall choose to replace any public artwork installed pursuant to this chapter, the following requirements shall be met before the artwork is replaced:
1. The cost of the replacement shall be equal to, or greater than, the cost of the art to be removed.
2. The location of the replacement shall meet the requirement for public accessibility in effect at the time of the replacement.
3. The replacement art shall conform, in every respect, to all standards in effect at the time of the replacement.
4. The replacement work, location and installation shall violate no other chapter.
5. The replacement art shall be available for public view not more than 180 days after the existing art is removed, unless the period is extended by the Planning Director. (Ord. 1111, 2018)