The purpose and intent of this chapter is to promote the general welfare and beauty of the city of Soledad through the acquisition and installation of public art works.

(Ord. 641 § 1 (part), 2006)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases are defined as follows:

"Art," "art work" or "public art" means an original creation of art which is freestanding or free hanging in that it is not a part of a building or other structure, nor an architectural element on or in which the work of art is placed, installed or affixed. Art includes, but is not limited to, sculptures, monuments, wall hangings, tapestries, photographs, etchings, engravings and paintings. Art shall not include decorative, ornamental or functional elements designed by the architect or other design consultant retained for the design and construction of the subject building or art objects that are mass produced with a standard design such as fountains and statuary objects.

"Art in public places committee" shall have the meaning set forth in Section 17.49.080.

"Commercial building" means any building or structure, all or part of which, contain commercial use.

"Construction cost" means the total value of all construction on a commercial or industrial structure.

"Industrial building" means any building or structure, all or part of which, contain industrial use.

"Maintenance" means preservation of the art work in good condition to the satisfaction of the city, protection of the artwork against physical defacement, mutilation or alteration, and securing and maintaining insurance coverage.

"Mural" means a graphic illustration or presentation other than a sign of any type, that is painted or otherwise applied to an inside or outside wall, facade, or surface of a building or structure.

"Public place" means any area on public or private property which is open to the general public and is easily accessible and clearly visible to the general public.

(Ord. 641 § 1 (part), 2006)

Any person constructing a commercial or industrial building within the city shall provide art in a public place or make an in lieu payment as provided in this section.

A.

The project applicant shall acquire and install an art work in a public place on or in the vicinity of the project site as approved by the city council pursuant to this chapter. The art work shall have a value that equals or exceeds one percent of the total construction cost.

B.

In lieu of acquiring and installing an art work in a public place, project applicants may contribute funds to the "art in public places fund" established pursuant to Section 17.49.130. The in lieu payment shall be equal to one percent of the construction cost of the commercial or industrial building and shall be paid by the project applicant at the time of issuance of a building permit. Project applicants shall indicate on their building permit application that they wish to make an in lieu payment.

(Ord. 641 § 1 (part), 2006)

The requirements of this chapter shall apply to the following:

A.

All new commercial and industrial building over fifteen thousand square feet of gross floor area;

B.

Remodeling, repair or reconstruction of existing commercial and industrial buildings, interior or exterior, where the building permit value exceeds one hundred thousand dollars in changes to the building, excluding landscaping and "acts of God."

C.

All public facilities over fifteen thousand square feet of gross floor area constructed by the city or the redevelopmentagency, except those listed in Section 17.49.050.

(Ord. 641 § 1 (part), 2006)

The requirements of this chapter shall not apply to the following:

A.

Remodeling, repair or reconstruction of existing commercial and industrial use property which constitutes less than one hundred thousand dollars of building permit value;

B.

Residential subdivision and development;

C.

Low-income housing construction, remodel, repair or reconstruction projects;

D.

Construction, remodel, repair or reconstruction of structures to be constructed and occupied by a nonprofit, social service agency or institution;

E.

Underground public works projects;

F.

Street or sidewalk repairs;

G.

Tree planting.

(Ord. 641 § 1 (part), 2006)

A.

An art in public places application shall be made on a form provided by the city no later than application for permits.

B.

The following information and documents must be submitted with all applications:

1.

If the applicant is:

a.

An individual, the applicant shall provide his or her legal name, any aliases, and current driver's license,

b.

A partnership, the applicant shall provide the complete name of the partnership, the legal names of all the general partners, and any aliases,

c.

A corporation, the applicant shall provide the complete name of the corporation, the legal names and any aliases, and capacity of all officers;

2.

The name of the business;

3.

The name of the prospective on-site manager or foreman;

4.

The type of proposed property use whether commercial or industrial;

5.

Square footage of the proposed development project;

6.

The location of the property;

7.

Option selection:

a.

Acquire and install an art work in a public place pursuant to subsection A of Section 17.49.030, or

b.

In lieu payment pursuant to subsection B of Section 17.49.030;

8.

A site plan showing the location of the art work, complete with a detailed drawing showing size, scale, colors and description of materials to be used;

9.

The applicant shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

(Ord. 641 § 1 (part), 2006)

The requirements and procedures for processing an art in public places application shall be as follows:

A.

The project applicant shall submit to the building division a completed application, designating which option is being utilized (in lieu or installation of art). In cases where an in lieu payment has been selected, payment of the fee will complete the application process;

B.

Upon receipt of an application and payment of the application deposit fee, the city shall immediately stamp the application as received on that date;

C.

An application submitted pursuant to this section will not be accepted unless the application fee is submitted with the respective application;

D.

In those cases under Section 17.49.030(A) not later than thirty days after the city has received the application, the city shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant;

E.

In the event the determination is made that the application is not complete, then the written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they may be made complete;

F.

If the written determination is not made within thirty days after receipt of the application, the application shall be deemed complete for purposes of this chapter;

G.

Within thirty days after the application has been deemed complete, the staff liaison shall forward a copy of the application to the art in public places committee for its review and comment;

H.

Within thirty days after receiving the comment from the development review committee, the staff liaison shall forward a copy of the application and a staff recommendation to the city of Soledad city council for its review and consideration;

I.

The city council shall approve, conditionally approve or deny the application with or without prejudice based upon the guidelines set forth in Section 17.49.170 within thirty days of its initial review of the application.

(Ord. 641 § 1 (part), 2006)

The art in public places committee shall consist of five members appointed by the mayor with the consensus of the city council. The membership should, to the greatest extent possible, consist of persons with knowledge, education, training or experience in the visual arts. The art in public places committee members shall serve for a term of two years and shall serve without compensation.

The art in public places committee will have the authority and duty to recommend public art works for placement in public and private development projects throughout the city. The committee shall also advise the city council on the use of the public art fund and other matters regarding implementation of the art in public places program pursuant to the adopted guidelines.

The committee shall review art plans for art work to be located within a public place as directed by the city council. In making this determination, the committee shall consider the following criteria:

A.

Whether the art work is appropriate as public art and is compatible in scale, material form and content with the surroundings within which it is to be located;

B.

The inherent quality of the work of art;

C.

Consideration of the structural and surface soundness of the art work and its prominence in terms of relative proof against age, theft, vandalism, weathering or excessive maintenance or repair costs;

D.

Whether reasonable diversity in the type of art work in public places is being attained in terms of style, scale, media and materials represented;

E.

Recommending themes for artwork e.g., in industrial area, "steel theme";

F.

Recommending to the city council purchase or commission of artwork/murals.

(Ord. 641 § 1 (part), 2006)

A.

If the applicant has elected to acquire and install public art, then the applicant shall deposit with the city cash, a letter of credit, or other satisfactory security in an amount equal to the value of the art required by Section 17.49.030(A) within thirty days after the final decision of the city council.

B.

If the public art required by this chapter is not installed within the time period set by the city council, then the applicant shall forfeit the security posted with the city and the city shall be permitted to use the security to purchase and install alternate public art within the city.

(Ord. 641 § 1 (part), 2006)

Guidelines for the approval and maintenance of art in public places shall include, but are not limited to, the following criteria:

A.

The art works shall be clearly visible and easily accessible to the public;

B.

The application shall include a site plan showing the location of the art work, complete with landscaping, lighting and other accessories to complement and protect the art work;

C.

The composition of the art work shall be of permanent type materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance;

D.

The art work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment;

E.

The art work shall be designed and constructed by persons experienced in the production of such art work and recognized by critics and by his or her peers as one who produces works of art; and

F.

The art work shall be a permanent, fixed asset to the property.

(Ord. 641 § 1 (part), 2006)

A denial of an application shall be based upon the applicant's failure to comply with the guidelines set forth in Section 17.49.100.

(Ord. 641 § 1 (part), 2006)

No certificate of occupancy shall be issued for buildings subject to this chapter unless and until the applicant has complied with Section 17.49.030(A) or (B). In the event the project applicant has elected to make an in lieu payment to the art in public places fund, the certificate of occupancy shall not be issued until such payment has been paid in full to the city. In the event of remodeling or repairs that meet the chapter requirements, a final inspection shall not be scheduled or performed until all requirements of the chapter are met.

(Ord. 641 § 1 (part), 2006)

A.

Any payments collected in accordance with the in lieu payment provision of this chapter shall be deposited in a separate interest bearing account denominated as the "art in public places funds."

B.

The city manager or his or her designee shall establish accounting records sufficient to identify and control the art in public places fund.

C.

The art in public places fund shall be used to provide sites for, and works of art in, public places in order to further the intent of this chapter.

D.

The art in public places fund shall be used to maintain and insure art works installed pursuant to this chapter.

E.

The development review committee shall make recommendations to the city council concerning the use of the art in public places fund to purchase or commission art works.

F.

The decision to use the art in public places fund to purchase or commission art work shall be based on the guidelines set forth in Section 17.49.100.

G.

All decisions regarding the use of the art in public places fund shall be made by the city council.

H.

Administration of the art in public places fund shall comply with the provisions of Government Code Section 66000 et seq.

(Ord. 641 § 1 (part), 2006)

A.

The holder of the certificate of occupancy of the structure for which the public art requirement was imposed is the owner of the art, and is responsible for its maintenance and for providing insurance coverage in the amount of the purchase price to insure the art against any loss or damage, including vandalism. This provision does not apply when the in lieu option is selected.

B.

Any art purchased by the city from the art in public places fund shall be the property of the city and shall be maintained and insured by the city.

(Ord. 641 § 1 (part), 2006)

Public art installed on or integrated into a construction project pursuant to the provisions of this chapter shall not be removed or altered without the approval of the city council. If such public art is knowingly removed or altered without prior approval from the city council, the property owner shall contribute funds equal to the project's original public art requirement to the city's art in public places fund.

(Ord. 641 § 1 (part), 2006)

Failure to comply with Sections 17.49.030 and 17.49.140(A) of this chapter shall constitute a public nuisance which shall be subject to the provisions of Chapter 17.50 of this code.

(Ord. 641 § 1 (part), 2006)

A violation of Sections 17.49.030, 17.49.090(A) and 17.49.150 of this chapter by any person responsible for committing such violation shall constitute an infraction violation and the violator shall be subject to the provisions of Chapter 17.50 of this code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 641 § 1 (part), 2006)