The purpose of this ordinance is to establish clear guidelines, design standards, and procedures for requiring the integration of public art into specified new commercial development projects or onto approved alternative locations on public property, and for allowing the integration of public art into existing projects within the city.

(Ord. No. 2023-06, § 2, 7-27-2023)

As used in this chapter:

ART REVIEW AUTHORITY means the City's Vibrancy Committee, or such other reviewing body as may be established by resolution of the City Council.

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 dete1mining 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.

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.

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.

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.

PLANNER means the City's Planner, or designee.

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 Nevada City Code of Ordinances, 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.

TEMPORARY PUBLIC ART means an original work that meets the criteria of PUBLIC ART, but is designed and intended for installation of 90 days or less.

(Ord. No. 2023-06, § 2, 7-27-2023)

A public art fund is hereby created within the City's General fund. Public art in-lieu contributions shall be placed into the public art fund and maintained, managed, and reviewed by the Planner. 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, maintenance, deaccession, moving, replacement and removal of artworks in the City art collection.

(Ord. No. 2023-06, § 2, 7-27-2023)

A.

Public Art Obligation. Developers of nonresidential construction projects for which site plan or design review is required under this Code shall devote an amount of not less than one percent of the construction cost for an approved public art installation. 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 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.

Alternatives. A developer may choose one of the following options to satisfy his or her public art obligation:

1.

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.

2.

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 made to the Planner and shall not be subject to further design review authority approval; or

3.

Place the required public art on public property in a location approved by the City Council. The public art will be considered a donation to the City.

C.

Compliance and Maintenance. Prior to obtaining a certificate of occupancy, the developer shall demonstrate compliance with this chapter by:

1.

Completing installation of the required public art that satisfies the provisions of this section and any other conditions specified by the final approving body; or

2.

Submitting written proof to the Planner 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 Planner, shall accompany such contract to adequately secure performance of the required public art; or

3.

Paying the applicable in-lieu fee as outlined in subsection B.(2).

4.

If public art is placed on private property, the applicant must also execute and record with the county recorder appropriate legal document(s) that require the property owner, successor in interest, and assigns to:

i.

Maintain the public art in good condition as required by the City's public art guidelines; and

ii.

Indemnify, defend, and hold the city and related parties harmless from any and all claims or liabilities from the public art, in a form acceptable to the city attorney; and

iii.

Maintain liability insurance, including coverage and limits as may be specified by the city's risk manager; and

iv.

Allow the City access to the public art to perform maintenance or removal at the property owner's expense in the event the public art is not maintained in good condition.

(Ord. No. 2023-06, § 2, 7-27-2023)

The following development projects are not subject to the requirements of this chapter:

A.

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

B.

Historic rehabilitation and/or preservation projects;

C.

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

D.

Fire sprinkler installation work items as defined in Chapter 8.30 of the Nevada City Municipal Code as part of an existing project;

E.

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

F.

Tenant improvements that do not add additional usable space within a building and that do not exceed $300,000 in construction cost.

G.

Projects other than temporary art located in the Historical District.

(Ord. No. 2023-06, § 2, 7-27-2023)

The property owner of a developed site may install public art on that site, subject to successfully completing the public art review and approval process in this chapter. Processing fees collected for review of such proposed public art shall be deposited into the public art fund.

(Ord. No. 2023-06, § 2, 7-27-2023)

Public art shall be located outside on an area of private property approved by the design review authority. In its discretion, the design review authority may approve a location that is more or less visible to the public, or multiple locations on a site to allow public art to be moved from time to time.

(Ord. No. 2023-06, § 2, 7-27-2023)

A.

Public art shall comply with the standards set out in the Municipal Code for architectural review and design review. In particular, mounting; fencing; framing; and any related support materials shall be consistent with adjacent buildings.

B.

No public at shall be located in the Historical District, other than temporary public art identified in 17.118.095.

C.

No public art installation shall interfere with the use of buildings, facilities, pedestrian access, or public safety.

(Ord. No. 2023-06, § 2, 7-27-2023)

The process for review and approval of public art is as follows:

A.

Pre-application Proposal. The developer informally submits the proposed public art, project site plan, and draft visual impact drawings to the Planner.

B.

Meeting With Staff. The developer meets with staff to review the proposal, development requirements, and design and location standards for the type of public art proposed.

C.

Completed Application. The developer files a complete application with the Planner. A complete application contains:

1.

A vicinity map or site plan depicting the proposed public art installation location and dimensions.

2.

Photographs and/or elevations of the buildings located on site or those approved for development on-site.

3.

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.

4.

The proposed artist's qualifications.

5.

A written agreement executed by or on behalf of the artist who created the public art which expressly waives the artist's rights under the Federal Visual Artists Rights Act, California Art Preservation Act, and any other applicable law or right protecting the integrity of works of art.

6.

An appraisal or other evidence of the value of the proposed public artwork, including acquisition and installation costs.

7.

Written permission from the property owner for location of the public art.

8.

A maintenance plan for the public art together with the property owner's agreement to be responsible for maintenance as provided in this Chapter.

9.

Such processing fees as may be set and amended from time to time by resolution of the City Council.

10.

A proposed lighting plan for the public art.

11.

Such other information as the Planner may reasonably require to review the application.

D.

Staff Review of Completed Application. Staff will review a completed application for public art to verify compliance with public art standards as set out in this chapter, and then schedule the application for review by the Art Review Authority and Design Review Authority or City Council, as applicable. Staff will coordinate reviews with review of the developer's overall project, where applicable.

If public art not otherwise meeting this chapter's criteria for permanent installation is proposed for installation of 90 days or less, staff will schedule the application for review and approval by the City Council. The decision of the Council shall be final.

E.

Review and Recommendation of Art Review Authority. The Art Review Authority shall review works proposed for installation for compliance with the definition of public art in this chapter, and shall make its recommendation to the Design Review Authority.

F.

Review and Approval by Design Review Authority; Appeals. The Design Review Authority shall review and approve with conditions, or deny, public art installations proposed on private property; specifically:

1.

The Art Review Authority's recommendation;

2.

Proposed location, dimensions and materials of a proposed public art installation;

3.

Staff s recommendation as to compliance with public art standards of this chapter;

4.

The application submitted by the developer;

5.

Other evidence submitted for consideration.

The decision of the Design Review Authority shall be final unless appealed to the City Council in accordance with Section 17.88.050.

G.

Review and Approval by City Council. The City Council shall review and approve with conditions, or deny, public art installations proposed on public property; specifically:

1.

The Art Review Authority's recommendation;

2.

Proposed location, dimensions and materials of a proposed public art installation;

3.

Staff s recommendation as to compliance with public art standards of this chapter;

4.

The application submitted by the developer;

5.

Other evidence submitted for consideration.

The decision of the City Council shall be final.

H.

Required Findings: In rendering its decision, the Design Review Authority or City Council shall make the following findings, or state that the findings cannot be made:

1.

The proposal meets or exceeds the criteria of the ordinance and is consistent with the General Plan and applicable land use designations.

2.

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.

3.

The maintenance plan is sufficient to provide that the public mi will be adequately maintained so as to ensure and preserve its purpose as a permanent piece of public art in the City.

(Ord. No. 2023-06, § 2, 7-27-2023)

The process for review and approval of temporary public art is the same as that for public art on public property under 17.118.090(G), with the following exceptions:

A.

The requirement of 17.118.090.C.8 to submit a maintenance plan and property owner agreement to be responsible for maintenance does not apply.

B.

The decision of the City Council shall be final.

C.

The required finding of 17.118.090.H.3 does not apply.

(Ord. No. 2023-06, § 2, 7-27-2023)

A.

All public art placed on the site of an applicant's project shall remain the property of the property owner; the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain with the owner of the site.

B.

Maintenance of public art, as used in this section, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the City; protection of the public art 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's risk manager. Prior to placement of approved public art, the applicant and owner of the site shall execute and record a covenant, in a form approved by the city, requiring maintenance of the public art. Failure to maintain the public art as provided in this section 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 public art, upon reasonable notice, the city may perform all necessary repairs and maintenance or secure insurance, and the costs shall become a lien against the real property.

D.

All public art donated to the City shall become the property and responsibility of the city upon installation and acceptance by the City Council.

(Ord. No. 2023-06, § 2, 7-27-2023)

A.

Public art installed on or integrated into a construction project in compliance with the provisions of this section shall not be removed or altered without the approval of the Planner.

B.

If any public art provided on a development project in compliance with the provisions of this section is knowingly removed by the property owner without prior approval, the property owner shall contribute funds equal to the development project's original public art requirement to the city's public art in-lieu account or replace the removed artwork with one that is of comparable value and approved by the Planner. If this requirement is not met, the occupancy permit for the project may be revoked by the Planner upon due notice and an opportunity to be heard. The city may, in addition, pursue any other available civil or criminal remedies or penalties.

(Ord. No. 2023-06, § 2, 7-27-2023)