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17.104.200 Public art requirements.

A.     Purpose. The purpose of this section is to establish clear guidelines, design standards, and procedures for integrating public art into construction projects throughout the City of Woodland. The City has determined that public art is a critical element in providing for a diverse and culturally rich environment for Woodland residents and visitors. Public art fosters economic development and activity and promotes cultural tourism by enlivening the public areas of buildings and expressing the vitality and heritage of the community. A well-conceived work of art can increase the value of a development project as well. Public art may enhance urban revitalization efforts as the overall image, beauty, and livability of the community are enhanced. Accordingly, to achieve these purposes, the City Council has determined that public art should be regularly integrated into new development projects Citywide, however, it is the intent of this section that this be a collaborative process between the City representatives and the applicant at all stages of the process with substantial deference to the applicant for how he or she wishes to incorporate public art within the project.

B.     Definitions. The following words and phrases, whenever used in this section, shall be construed as follows:

1.      “Artist” means a person who has a reputation among his or her peers as a person of artistic excellence, through a record of exhibitions, public commissions, sale of works, or educational attainment, as judged by the design review authority for the project. In determining whether an artist is qualified for a particular project, the design review authority shall consider the following criteria:

a.      The artist has demonstrated successful, creative, innovative, and effective approach in comparable projects as that proposed;

b.      The artist has proven mastery or skill in at least one artistic medium;

c.      The artist’s ability to complete the project within a reasonable timeframe as judged by the Design Review Authority for the project; and

d.      The artist’s prior experience in producing public art. If an artist does not have prior experience in producing public art, the artist shall be considered qualified if he or she has significant experience working as a professional artist as evidenced by the artist’s exhibit record, critical review, honors, and awards.

2.      “Construction cost” means the total cost of any development project subject to this section. Calculations shall be based on all aspects of construction and improvement costs, not to include system and operational equipment costs, grading, or sidewalks as declared on all building permit applications. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project.

3.      “Design Review Authority” means the Planning Commission, unless and until the City Council designates or appoints a different body or subcommittee to serve as the design review authority for public art.

4.      “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 section, who may, or may not, be the owner of the subject property.

5.      “Director” means the Community Development Director, or designee.

6.      “Public art” means an original work of a permanent nature in any variety of media produced by an artist that may include sculpture, murals, photography, 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 that have been enhanced to be visually appealing. Public art does not include the following:

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

b.      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 (this shall not preclude the architect from being the artist if such individual meets the definition of “artist” as provided above);

c.      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;

d.      Directional elements such as super graphics, signage as defined in the City of Woodland Municipal Code, 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;

e.      Interpretive programs;

f.       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;

g.      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 determined by the design review authority;

h.      Logos or corporate identity.

7.      “Public art fund” means a fund established and maintained by the City of Woodland for the purpose of acquiring, commissioning, designing, installing, placing, improving, and/or maintaining public art.

C.     Public Art Requirement.

1.      Public Art Obligation Calculation. Developers of commercial construction projects, as defined and specified below, shall be subject to the public art requirement as outlined in this section. The project specific public art obligation shall be based on project construction costs as defined in this section and as further outlined below:

a.      Nonresidential Construction. Private nonresidential developments with a construction cost exceeding $350,000.00 and subject to site plan or design review approval shall devote an amount of not less than one percent of the construction cost for public art. Construction costs, as defined in this section, shall not include any portion of the project that includes system and operational equipment costs, grading, sidewalk repair or reconstruction, landscape installation, or utility facilities. Any developer of a nonresidential development project with construction costs that exceed $350,000.00 may submit a request to the design review authority for a less expensive public art contribution provided that developer also submits documentation showing that such a contribution would be prohibitively expensive for project delivery.

b.      Public Construction. Public construction projects with a construction cost exceeding $350,000.00 shall devote an amount of not less than one percent of the construction cost for public art subject to determination of sufficient funding. The construction cost shall be verified by the City Engineer, and the cost shall not include the portion of any project that includes underground public works projects, tree planting, street or sidewalk repair or reconstruction, or utility facilities with the exception of administrative buildings. A maintenance plan shall be developed to ensure any public art constructed as a component of a public construction project is adequately maintained and preserved.

2.      Public Art Obligation Satisfaction Options. A developer may choose one of the following options to satisfy his or her public art obligation subject to the review and approval of the design review authority for the project, except as otherwise stated below:

a.      Install public art on the project site in a public place as approved by the design review authority. The creator of the public art shall be an artist as defined in this section.

b.      Pay an in-lieu fee in an amount equal to one percent of the development project construction cost to the public art fund for the creation, acquisition, and placement of public art in the City. Payment of an in-lieu fee shall be subject to approval by the Community Development Director and not subject to further design review authority approval; or

c.      Place the required public art on an alternative project site in a location approved by the design review authority.

D.     Exemptions. The following development projects shall not be subject to the requirements of this section:

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

2.      Historic rehabilitation and/or preservation projects;

3.      Seismic retrofits or flood protection work performed on existing buildings and structures that do not otherwise qualify as new construction projects;

4.      Fire sprinkler installation work items as defined in Chapter 8.20 of the Woodland Municipal Code as part of an existing project;

5.      Solar or other renewable energy installation and energy efficiency upgrades as part of an existing project; and

6.      Infill development projects, either new construction or redevelopment of existing structures, that are located within the Woodland Downtown Specific Plan Area Boundary.

E.      Design and Installation Standards.

1.      General. The public art shall relate in terms of scale, form, and material to the proposed project and adjacent buildings with regards to architecture and landscaping style to best complement the project site and its surroundings.

2.      Location.

a.      Public Place. The public art shall be located in an exterior area on public or private property that is clearly visible to the general public as determined by the design review authority.

b.      Public art commissioned by the City using the public art fund may be moved from time to time as part of a gallery collection placed in public buildings such as City Hall, the Library, or other publicly accessible facilities.

3.      Maintenance. The developer shall submit a maintenance plan to the design review authority for review and approval, shall maintain the public art, and shall be responsible for all maintenance costs for the duration of the public art’s placement.

F.      Compliance. Prior to obtaining a certificate of occupancy, the developer shall demonstrate compliance with this section through one of the following:

1.      Completed installation of the required public art that satisfies the provisions of this section and any other conditions specified by the design review authority’s approval;

2.      Payment of the applicable in-lieu fee as outlined in subsection (C)(2); or

3.      Written proof submitted to the Director of a contract to commission or purchase and install the required public art that was approved by the design review authority for the development project. A performance security, in an amount and form determined by the Director, shall accompany such contract to adequately secure performance of the required public art.

G.     Public Art Fund. Public art in-lieu contributions shall be placed into the public art fund within the City’s General Fund, and maintained, managed, and reviewed by the Director. The public art fund shall be used solely to acquire, commission, design, install, place, improve, and maintain public art throughout the City, consistent with the purpose and objectives of this section. A reasonable percentage of the public art fund may be allocated for project administration, management and curatorial services as well as the preservation and maintenance of artworks in the City art collection. The City Council shall review the public art fund as part of its annual budget review, and approve allocations of public art funds upon the recommendation of the Director or the design review authority. Allocation of public art funds shall consider available reserves for ongoing maintenance of City owned public art. City Council shall be the final approval authority on all public art projects undertaken through the public art fund upon the recommendation of the design review authority.

H.     Developer’s Pre-Application Proposal.

1.      Developer’s Proposal. For each construction project subject to this section’s requirements, the developer shall propose to the Director and the design review authority one or more of the methods for the provision of public art described in subsection C, public art requirement, of this section.

2.      Pre-Application Meeting. Following submission of the developer’s proposal, a pre-application meeting with the developer, Director and the design review authority is recommended for newly proposed public art to review the proposal and development requirements and design and location standards for the type of public art proposed, and to ensure a qualified artist is used. When available, it is recommended that the applicant provide preliminary site plan and visual impact drawings to aide in the pre-applicant review process. These meetings are voluntary, and no fees shall be paid for the City’s review of material provided at this stage.

3.      Review of Pre-Application Developer’s Proposal. The Director and design review authority shall review and respond to the developer’s proposal, if necessary, by recommending modifications to the proposed application.

I.       Applications for Public Art Review.

1.      Form and Content. A proposal for all new public art installations shall be processed upon the application of the developer or its agent, subject to the following:

a.      The developer shall file a completed application with the Director in a manner prescribed by the City.

b.      The developer shall submit a vicinity map or site plan depicting the proposed public art installation location and dimensions.

c.      The developer shall submit photographs and/or elevations of the buildings located on site or those approved for development on-site.

d.      The Director will verify that the public art will not interfere with use of other adjacent buildings or facilities, pedestrian access to public sidewalks, or public safety.

e.      When applicable, the developer shall submit material samples, color boards, photo simulations, or other graphic illustrations necessary for the design review authority to determine potential visual impact of the proposed project, and the public art’s style, scale, and design as compared to the project and surrounding buildings. The visual representation shall show the proposed public art as it would be seen from surrounding properties from various perspectives.

f.       The developer shall submit the proposed artist’s qualifications.

g.      The developer shall submit a proposed maintenance plan for the public art.

h.      The developer shall submit all required processing and application fees. Such fees may be set and amended by resolution of the City Council.

2.      Approval for Public Art Applications. All public art proposals shall be reviewed by staff as part of the review process with a recommendation incorporated in the overall project staff report. The design review authority shall review the public art component of the project as part of its consideration of the overall project in those cases where the applicant elects to submit an art installation for approval. The design review authority shall determine if the proposed public art complies with the requirements of this section, and shall approve or require resubmission with recommended modifications or conditions for approval based on the findings for approval.

3.      Findings for Approval for Public Art Applications.

a.      The proposal meets or exceeds the criteria of this section, and is consistent with the General Plan and applicable land use designations.

b.      The public art is consistent and compatible in its size, design, and appearance with the development and design of the proposed project and surrounding structures and neighborhood.

c.      The public art will be adequately maintained so as to ensure and preserve its purpose as a permanent piece of public art in the City.

J.      Appeals. Any person dissatisfied with the decision to either approve, modify or deny an application for public art, may file an appeal in accordance with the procedures set forth in either Chapter 17.132 or 17.148 of this title, as applicable. (Prior code § 25-21-90)