Calculation.

In Lieu Contribution.

The provisions of this chapter shall be applicable to publicly accessible private property, public right-of-way, and City-owned property throughout Paramount.

Publicly accessible public art within residentially developed properties shall be restricted to the following areas:

Americans with Disabilities Act (ADA) compliance projects, not including projects where ADA compliance is a portion of a larger project.

Road, path, and sidewalk repairs, including traffic signals and upgrades, curb and gutter repairs, sign reflectivity, road and parking signage, resurfacing of roads or other existing hardscape areas.

Emergency repair projects.

Cyclical replacement and repair of trails, outdoor furnishings, or fencing.

Studies and plans.

Roof replacement.

Mechanical, security, audio-visual equipment, and information technology (IT) installations, upgrades, and repairs.

Utilities projects unless there is building construction or reconstruction involved.

Seismic upgrades and waterproofing.

Projects where most of the cost is allocated to elements located underground.

Projects where prohibited by federal law, including projects or portions of projects funded by grants from non-City sources that prohibit expenditure of funds for art.

All public art on private property shall become the property of the developer and/or owner and successor(s) in interest with the exception of public art owned by the City and placed on private property.

The obligation to provide public art maintenance and security, as necessary to preserve the public art in good condition, shall remain with the developer and/or owner with the exception of public art owned by the City and placed on private property.

The revenues in such fund shall be used solely for:

All fees collected under this chapter shall be maintained, managed, and reviewed by the City Manager or designee. The City Manager shall present annually to the City Council for approval an annual public art workplan that recommends the use of public art fund monies consistent with the purpose of this section including the administrative costs of the public art program annually, staff support and related expenses; curatorial services; documentation; publicity, community education, and any other services or programs in accordance with the intent of this chapter.

Included Appropriations and Expenditures. Included appropriations and expenditures for public art include:

Excluded appropriations and expenditures for public art include:

The PAAC shall be comprised of a minimum of five and up to seven voting members appointed by the Mayor and approved by the City Council to advise on and advocate for public art.

A minimum of two voting members of the PAAC shall be arts professionals with considerable knowledge and experience in the arts. Qualifying arts professionals may include contemporary museum and gallery art curators, arts management professionals, arts educators, and design professionals such as licensed architects, landscape architects, and urban planners.

A minimum of one member of the PAAC shall be a community stakeholder.

Two members of the PAAC shall be City Councilmembers.

Appropriate City staff may serve as non-voting advisors. Oversight of the PAAC is the responsibility of public art program staff.

The PAAC would convene on an as-needed basis and no less than two times each year. In general, the powers and duties of the PAAC shall be as follows:

Included and excluded roles and responsibilities of the City Council:

Excluded Roles and Responsibilities. Oversight and/or approval of small-scale art projects identified by Neighborhood Preservation Committee action items in need of immediate attention to preserve the health and safety of the community.

Policies and guidelines for the implementation and administration of public art shall be adopted by the PAAC. Any major changes to the public art policies and guidelines after adoption shall be submitted to the PAAC for review and approval.

Implementation of adopted policies and guidelines is the responsibility of the designated Planning Department staff implementing the public art program.

A completed public art application to supplement a development review application shall be submitted to the PAAC for public art associated with new development. An application associated with new development shall indicate whether the applicant has elected to acquire and install or make an in-lieu contribution to the public art fund in accordance with California Government Code Section 66007.

The Planning Department shall submit to the PAAC each application to acquire and install public art on new or existing development. The PAAC shall recommend approval, partial approval, or conditional approval, or deny the application based upon guidelines set forth providing their recommendation to City Council for final review and approval.

With public art in publicly accessible places associated with new development or existing development, when the project applicant elects to acquire and install public art, the art in public places application will be reviewed by the PAAC and a recommendation will be made to the City Council for final approval.

With art in publicly accessible places associated with new development, and the PAAC has recommended approval of the art in publicly accessible places application, the certificate of occupancy shall not be issued until the approved public art has been installed unless an in-lieu contribution is made as a deposit to secure the proper installation of the public art within a reasonable period of time as specified by the Planning Director or designee.

When the project applicant has elected to make an in-lieu contribution to the public art development fee, the contribution shall be paid in accordance with Section 66007 of the California Government Code.

If the applicant decides to install public art after making an in-lieu contribution, a bond, letter of credit, or other instrument acceptable to the Planning Director or designee will be necessary to ensure completion of the project before any refunds are issued to pay for public art.

Public art on public property shall be subject to review and approval from the PAAC, pursuant to Section 17.112.070 of this Code. A single application for multiple works of public art to be installed simultaneously at one or more locations as part of a group, team, or programmatic event is permitted.

A completed art public art application shall be submitted to the Planning Department for public art proposals. A single application for multiple works of public art to be installed simultaneously at one or more locations as part of a group, team, or programmatic event is permitted.

The Planning Department shall submit to the PAAC each application to acquire and install public art. The PAAC shall recommend approval, partial approval, or conditional approval, or deny the application based upon guidelines set forth with the City Council having the final decision.

Art objects that are mass produced from a standard design. However, limited productions may be considered with specific restrictions.

Reproductions of original artworks.

Decorative, ornamental, or functional elements that are designed by the building architects opposed to an artist commissioned for the purpose of creating the public art.

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

Any artwork that directly promotes a business or service.

Expressions of obvious bad taste, obscenity, indecency, hate speech, or profanity, which would likely be offensive to the general public are unacceptable.

Within 10 calendar days after the date of a recommendation by the Planning Department to the City Council that includes a condition of approval imposing a public art requirement for private development, an appeal from said decision must be filed by the applicant or any other interested party. The appeal shall be submitted to the Planning Department. In the event the last date of appeal falls on a weekend or holiday when the City offices are closed, the next date such offices are open for business shall be the last date of appeal. Such an appeal shall be made on a form prescribed by the Planning Department and shall be filed with the Planning Department to the attention of the Planning Director, along with any appropriate fees required. The appeal application must be complete and shall state specifically wherein it is claimed there was an error or abuse of discretion by the PAAC or wherein the PAAC's decision is not supported by the evidence in the record. The appeal itself must raise each and every issue that is contested, including any and all constitutional claims, along with all the arguments and evidence in the record which supports the basis of the appeal; failure to do so will preclude the appellant from raising such issues during the appeal and/or in court.

If proposed public art or art project is denied by the PAAC, an appeal process may be initiated by an applicant only based on a process stated in this chapter or in the guidelines and policies adopted not having been followed. Within 10 calendar days after the date of denial of proposed public art or an art project by the PAAC, an appeal from said decision must be filed by the applicant or any other interested party. The appeal shall be submitted to the Planning Department. In the event the last date of appeal falls on a weekend or holiday when City offices are closed, the next date such offices are open for business shall be the last day of appeal. Such an appeal shall be made on a form prescribed by the Planning Department and shall be filed with the Planning Department and submitted to the Planning Director, along with any appropriate fees required. The appeal application must be complete and shall state specifically wherein it is claimed there was an error or abuse of discretion by the PAAC or wherein the PAACs decision is not supported by the evidence in the record. The appeal itself must raise each and every guideline and/or policy that is contested, including all constitutional claims, along with all the arguments and evidence in the record, which supports the basis of the appeal; failure to do so will preclude the appellant from raising such issues during the appeal and/or in court.