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PC R 11-2142 RESOLUTION NO. 11-2142 IA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND THE PUBLIC ART GUIDELINES AND INCORPORATE THEM INTO THE � � DEVELOPMENT CODE AS A SEPARATE DOCUMENT BY REFERENCE . (DEVELOPMENT CODE AMENDMENT 11-005) WHEREAS, In 2002 the City Council approved measures to promote art in the community, establish a uniform process for the review and selection of public art on public and private property that would be reflective of the community but limit City Government involvement, and identify general guidelines and selection criteria to promote creativity and freedom of expression, but also compatibility with the character design and environment of�the � � � surrounding area; and � � WHEREAS, In 2004, the City Council adopted a Resolution and an Ordinance approving Public Art Guidelines and incorporating them by reference that incorporated the approved criteria and process as part of the Design Guidelines and Standards for Mixed Use Districts; and WHEREAS, Section 16.08.010 of the Municipal Code specifies documents that ar� incorporated by reference into Title 16 of the Municipal Code; and WHEREAS, the Planning Commission finds that this project is consistent with the City's � General Plan, Development Code and the environmental documents associated therewith; and has the project is exempt under per Sections 15061(b)(3) and 15378 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the City's Planning Commission of the City of Arroyo Grande has considered � and recommend approval of the amended Public Art Guidelines at a duly noticed public . hearing on October 18, 2011, in accordance with the Development Code of the Ciiy of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City�of Arroyo Grande hereby recommends tf�at the City Council amend and remove the Public Art � Guidelines from the Design Guidelines and Standards for Mixed Use Districts, and amend . and�adopt,the Public Art Guidelines and Public Art Donation Program as attached hereto _ . � � as Exhibit `A' and incorporated herein by this reference, and adopt an Ordinance to .incorporate the Public Art Guidelines by reference directly into the Development Code as � �shown in Exhibit 'B'. I . I . � RESOLUTION NO. 11-2142 OCTOBER 18, 2011 . � � PAGE2of2 - � On a motion by Commissioner Ruth, seconded by Commissioner Sperow and by the � � following roll call vote to wit: AYES: Commissioners Ruth, Sperow, Barneich, Keen and Martin . NOES: None � ABSENT: None � �the foregoing Resolution was adopted this 18�' day of October 2011. ATTEST: I���-P /� . l� l DEBBIE WEICHINGER � � ELI BETH RUTH, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: c ,��� TERESA MCCLISH � �DIRECTOR OF COMMUNITY D��OlELOPMENT � CTTY OF ARROYO GRANDE PUBLIC ART ' � EXHIBIT "A" . � Public Art Guidelines _ And Pulblic Art Donation Program i- - i Adopted by City Council � Resolution No. 557 October 26, 2004 Amended by City Council Resolution No. November 8, 2011 � O 2004, 2011 City of Arroyo Grande ' . All Rights Reserved CTTY OF ARROYO GRANDE PUBLIC ART PUBLIC ART GUIDELINES Purpose � The purpose of these Guidelines is to create a framework to facilitate and encourage property� owners to provide outdoor public art on their property, or, if approved by the Director of Community Development, i.n the adjacent public right-of-way. For purposes of these Guidelines "Public Art" shall mean art located on private property that is displayed in an open area that is freely available to the general public or public accessibility is provided based upon the chazacteristics of the artwork or its placement on the site. Ariwork may include free-standing pieces (e.g. a sculpture or water fountain) or may be integrated into its surroundi.ngs as an architectural element(e.g. relief sculpture embedded in pavement or a wall, a mosaic or mural on a wall, decorative raili.ngs or lighti.ng. These Guidelines are i.ntended to assist artists, citizens and city officials and staff to understand the City's goals regardi.ng art that is displayed in a manner that is available and accessible to the . general public. The City recognizes that art and artistic expression is a protected activity and these Cruideli.nes aze not intended to unduly restrict creative expression or li.mit the types of public art possible. Rather, they are intended to facilitate and encourage the best possible combination of sites and artwork, and help to guide what is essentially a form of communication between the artist and the community. _ _ Process These Guideli.nes are applicable to public art projects proposed to be located on private property or by a private owner in the adjacent public right of way. The guidelines and criteria contai.ned herein shall also apply to public art projects on City properry, which shall be considered and approved by the City Council, in consultation with the San Luis Obispo County Arts Council, and with the recommendation of the Parks and Recreation Comm.ission if art is proposed to be placed on pazk properry, and are subject to the Public Art Donation Program to the extent applicable. Public Art Panel In order to solicit community input and involvement for the consideration and promotion of public art on private property in the City, a Public Art Panel has been established to review all public art. The 7 member panel is made up of the following representatives to be convened as needed(a m;nimum of 6 members shall be residents or business owners in Arroyo Crrande): ❖ 2 representatives from the property owner. ❖ 2 representatives designated by the County Arts Council ❖ 1 representative from the Architectural Review Committee. .•. I . 1 representative from the Chamber of Commerce or 1 representative from the Village .. _ Improvement Association if the project is within the Village Districts. . ❖ 1 representative from the Historical Society. CITY OF ARROYO GRANDE PUBLIC ART � The Public Art Panel will convene to approve public art by a majority vote after the piece or i plans are presented at a public heari.ng held by the City Council for the purpose of obtai.ning community input. The San Luis Obispo County Arts Council shall act in an advisory capacity to the Public Art Panel. � Guidelines The following guidelines developed by the San Luis Obispo County Arts Council are intended to facilitate and encourage Public Art that is proposed to be placed on private property or by a � property owner on adjacent public right of way within the City: 1. Public art shall be of high artistic quality. 2. Public art shall be compatible with the i.mmediate site and neighborhood in terms of social and cultural characteristics, architectural scale, materials, land use and geographical and environmental context. _ . 3. Public art shall not i.mpede pedestrian or vehicle traffic or conflict with public or private easements. � 4. Consideration shall be given to any public safety or public health concerns related to, or created by,the artwork. I — 5. Public art shall be constructed of durable, high-quality materials and require minimal or no mai.ntenance. � 6.� Public art shall be securely installed. 7. A wide variety of artistic expression is encouraged. However, expressions of profanity or vulgarity are inappropriate. Selection Criteria The followi.ng aze considerations for the selection of public art � 1. Relationship to the social, cultural and historical identity of the area . 2. Evaluation of artistic excellence; 3. Appropriateness of scale, form, material, content and design relative to the immediate neighborhood; 4. Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and iweatheri.ng; 5. Ease of mai.ntenance; CTTY OF ARROYO GRANDE PUBLIC ART 6. Appropriateness of proposed method of installation and arlwork and safety and structural factors involved i.n installation; 7. Artist's experience in working on comparable projects. The City or Public Art Panel may consider a revolvi.ng art program for a proposed location on an ongoing basis. � Location � Public art is allowed in any district and is strongly encouraged in the Village Downtown, Village Mixed Use, Gateway Mixed Use, Fair Oaks Mixed Use and Public Facility Districts. Promotion of public art visible from intersections within these districts as well as proximate to public gatheri.ng areas,plazas and public parki.ng areas is highly recommended. PUBLIC ART DONATION PROGRAM Purpose Public art can provide aesthetic, cultural and economic benefits to the community. The City of Arroyo Grrande Public Art Donation Program is a means by which an artist, or an individual or group comm.issioning an artist,may donate, gift or bequeath public art to the City of Arroyo — Crrande for location in a city owned public place. Definition � Public art can be defined as "The engagement of an artist with public place involvi.ng original, creative work by an individual or a group."This includes functional and original works of art that also serve as capital improvements, such as, but not lim.ited to seating, fountai.ns, lighting, and free standing art forms. Pre-fabricated manufactured items such as benches, fountains etc. aze not considered public art. Proposal Proposals should include: 1. A donor application form (See Attachment 1) 2. The artist or donor's name, 3. Title of the work and artist statement 4. Description of the work(such as a photograph, artist's renderi.ng or computer generated image) 5. The materials and size of the work 6. A preferred public location 7. A statement from the donor and artist that the art is free of encumbrances CTTY OF ARROYO GRANDE • PUBLIC ART 8. The artist's resume if available I 9. Estimated value of donated work 10. Recommended manner of installation 11. Estimated mai.ntenance cost � � Process . The followi.ng steps will result in the review and decision regarding a proposal: 1. The proposal would be submitted to the Community Development Department to review it to: a. Determ.i.ne ongoing and General Plan consistency, accuracy and appropriateness. . b. Insure it would not create an undue risk or a safety problem. c. Consider maintenance requirements d. Determi.ne durability — e. Identify any engi.neering concerns 2. The proposal will be reviewed by the Pazks and Recreation Comm.ission if proposed to be placed on a park property. 3. Recommendations will be forwarded to the City Council for review and action during a public heari.ng. The Council would have final approval of the donation. Guidelines for Review of the Proposal The following guidelines would be used for review of art donations: 1. Public art shall be of high artistic quality. 2. Public art shall be compatible with the immediate site and neighborhood in terms of social and culturaUhistorical characteristics, azchitectural scale, materials, land use and geographical and environmental context. 3. Public art shall not i.mpede pedestrian or vehicle traffic or conflict with publ�c or private easements. � I 4. Consideration shall be given to any public safety or public health concems related to or created by the artwork. 5. Public art shall be constructed of durable, high-quality materials and require minimai or no mai.ntenance. CTCY OF ARROYO GRANDE PUBLIC ART 6. Public art shall be securely i.nstalled.� 7. A wide variety of artistic expression is encouraged. However, expressions of profanity or - vulgarity aze inappropriate. Displav of Public Art 1. A contract shall be executed between the artist and the City establishi.ng the terms of the proposed installation. 2. Artwork shall be displayed to i.nclude the artwork title, artist's name, pabron's name if applicable and date of completion. The materials used and a short explanation of the work could be included as an option. Plaques will not be used for advertising purposes. 3. Prior to accepti.ng the project, the Community Development Deparhment shall receive from the artist or donor a set of plans, specifications, and a copy of a mai.ntenance record, which identifies maintenance, installation and removal instructions. The transportation, installation and adjunct costs (such as engineering, a base for the artwork or other installation elements) related to arlwork are the responsibility of the donor. 4. � Once the art piece is installed (by the donor under the supervision of City staff with the artist's installation direction and donor i.nstallation funding), it will require inspection and sign off by a City Buildi.ng Inspector. 5. Followi.ng inspection, the artwork shall become the property of the City. A publicized . dedication ceremony shall be held to present the art piece to the community. � Exhibit "B" . � . ORDINANCE NO. � � � . � . � � � " � . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.08 OF TITLE 16 OF THE MUNICIPAL CODE TO INCORPORATE THE PUBLIC ART GUIDELINES BY REFERENCE . WHEREAS, Section 16.08.010 of the Municipal Code specifies documents that are . incorporated by reference into Title 16 of the Municipal Code; and ' WHEREAS, the Planning Commission finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and that the project is exempt under per Sections 15061(b)(3) and 15378 of fihe Califomia Environrnental Quality Act (CEQA)�Guidelines; and � � . WHEREAS, the Planning Commission of the City of Arroyo Grande considered and : recommended approval of the proposed amendments to the Public Art Guidelines at a duly . noticed public hearing on October 18, 2011, in accordance with the Development Code of � the City of Arroyo Grande at which time all interested persons were given the opportunity to � � � � be�heard; and � , . � � � . � , WHEREAS, after consideration of all testimony and all relevant evidence, the City Council . . has.determined that the following Development Code Amendment findings can be made in � an affrmative manner: � . . � A. The proposed revisions to Title 16 are required to ensure consistency with the � � ; objectives, policies and implementation measures of the General Plan, particularly � � � the Land Use Element, and is therefore desirable to implement the provisions of the . General Plan. B. The proposed revisions to Title 16 will not adversely affect the public health, safety, . � and welfare or result in an illogical land use pattern. C. The proposed revisions are consistent with the purpose and intent of Title 16 and satisfy the intent of Chapter 16.08 of the Municipal Code and provide for internal consistency. � � D. The proposed revisions to Title 16 are exempt under per Sections 15061(b)(3) and 15378 of the California Environmental Quality Act (CEQA) Guidelines. � . , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF � ARROYO GRANDE AS FOLLOWS: ! SECTION 1: The above recitals and findings are true and correct and are incorporated I herein by this reference. ORDINANCE NO. PAGE 2 SECTION 2: Arroyo Grande Municipal Code("AGMC")Section 16.08.010("Incorporation by Reference") is hereby amended to add Subsection (S) as follows: S. Public Art Guidelines. SECTION 4: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/City Clerk. Within fifteen (15)days after adoption of the Ordinance,the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 5: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 6: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent -_ jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. � On motion of , seconded by , and on the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of 2011. � ORDINANCE NO. I PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK � APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER � APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY I � I