HomeMy WebLinkAboutOrd. 1613-2020 (20-912)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1613-2020
File Number: 20-912 Enactment Number: ORD 1613-2020
ORDINANCE AMENDING TITLE 8 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE TO ADD
CHAPTER 8.76 "PUBLIC ART REQUIREMENT".
WHEREAS, State law provides that cities have the responsibility to use the powers vested in them
to regulate the aesthetic conditions of the community; and
WHEREAS, on October 14, 2020, City Council amended Chapter 20.300 of the South San
Francisco Municipal Code to repeal and reserve Section 20.300.007(K), eliminating the option for some
property owners seeking to intensify the use of their properties to make a contribution to the Cultural
Arts Fund in lieu of meeting City landscaping requirement; and
WHEREAS, the City of South San Francisco is dedicated to supporting, promoting, and protecting
community interest and diversity in art, culture, and creative expression; and
WHEREAS, the City of South San Francisco is dedicated to improving infrastructure, economic
development and cultural diversity through acquisition and exhibition of public art; and
WHEREAS, cultural and artistic resources enhance the quality of life for individuals living in,
working in, and visiting the City, and artwork should be included in development projects to inspire civic
pride amongst its residents, strengthen the City's regional identity by enhancing public spaces, giving
character to neighborhoods and business districts, and providing numerous opportunities for people to
experience visual art; and
WHEREAS, City Council desires to amend the South San Francisco Municipal Code to establish a
public art requirement for specified non-residential development projects; and
WHEREAS, City Council desires that the public art requirement applies to any new
non-residential development project and that it requires such projects to contribute public art with a
value of at least one percent (1%) the amount of construction costs; and
WHEREAS, City Council desires that in -lieu of contributing public art, the public art requirement
will allow for the payment of an in -lieu fee into a public art fund at the value of half of one percent (.5%)
of the amount of construction costs; and
WHEREAS, the City of South San Francisco Municipal Code Title 8 is written to provide for the
Health and Welfare of the City, and
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File Number. 20-912
Enactment Number. ORD 1613-2020
WHEREAS, the City Council desires to amend Title 8 of the City of South San Francisco
Municipal Code to adopt Chapter 8.76 "Public Art" to require a public art contribution, or in the
alternative a payment of an in -lieu fee, for new non-residential development projects; and
WHEREAS, the action taken by this Ordinance has no potential for physical effects on the
environment because it does not commit the City to any particular public art project. Furthermore, it
involves the adoption of an in -lieu fee imposed by the City, which is a fee that may be used for future
projects, and all future projects will be fully evaluated in full compliance with the California
Environmental Quality Act ("CEQA") when enough physical details regarding said projects are available
to permit meaningful CEQA review (See CEQA Guidelines, Section 15004(b)(1)). Therefore, approval
of the fee is not a "project" for purposes of CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4);
and, even if considered a "project" under CEQA, is exempt from CEQA review pursuant to CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that
approval of the public art requirement and in -lieu fee may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO
DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the
Ordinance by this reference.
SECTION 2. Amendments to the Municipal Code
Chapter 8.76 ("Public Art Requirement") is hereby added to Title 8 of the South San Francisco
Municipal Code to read as follows:
Chapter 8.76
8.76.010 Purpose.
8.76.020 Definitions.
8.76.030 Public art requirement.
8.76.040 In -lieu fee option.
8.76.050 Exemptions and Waivers.
8.76.060 Use of public art fund.
8.76.070 Administration.
8.76.010 Purpose.
The purpose of this chapter is to authorize the establishment of guidelines, procedures, and
standards for the integration of public art into new development projects.
8.76.020 Definitions.
For the purpose of this chapter, the following words and phrases are defined as follows:
"Development project" means any new non-residential building construction, and/or the
rehabilitation, renovation, remodeling, or improvement of an existing non-residential building.
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File Number. 20-912
Enactment Number: ORD 1613-2020
"Construction costs" means the total value of a development project's hard construction costs as
estimated and certified by the City's Building Division as part of the standard building permit review
process.
"Nonprofit agency" means a corporation organized under Internal Revenue Code Section 501(c)(3),
in good standing with the California Department of Corporations and in compliance with all federal,
state, and local licensing, reporting, and tax requirements.
"Public art" means and includes the programs established in Section 8.76.030 of this chapter.
"Public art in -lieu contribution" means an amount paid to the City of South San Francisco pursuant
to this chapter, not less than one half of one percent (0.5%) of construction costs.
"Public art project" means the cost for the development, acquisition, and installation of the public
art required by this chapter. It shall include the costs for the administration of this public art program.
"Visual art professional" means any of the following: professional artist in any medium, curator, art
critic, art historian, arts educator, architect, or other design professional with a visual or arts background
or fine arts collector.
8.76.030 Public Art requirement.
A. Every development project, as defined in this chapter, shall provide qualifying public art with a value
equal to not less than one percent (1 %) of construction costs for acquisition and installation of public
art on the development site. However, if a development project consists of both residential and
non-residential developments, then only the construction costs for the non-residential portions of the
project shall be used for the valuation of public art as required herein. Further, if a development
project involves rehabilitation, renovation, remodeling, or improvement of an existing building, the
project shall only be subject to the requirements of this chapter if it creates a net increase in square
footage of the existing building.
B. Qualifying public art shall include the following:
1. On-site Projects. Works of visual art are meant to be enduring original artworks of the highest
quality and craftsmanship. They should engage one's mind and senses while enhancing and
enriching the quality of life of the city. The artworks will be generally sited and an integral
part of the landscaping and/or architecture of the building, considering the historical,
geographical, and social/cultural context of the site. The artworks shall be constructed in a
scale that is proportional to the scale of the development. These may include:
a. Sculpture, such as in the round, bas-relief, mobile, fountain, kinetic, electronic, or
other, in any material or combination of materials;
b. Painting: all media, including but not limited to, murals;
c. Graphic and multi -media: printmaking, drawing, calligraphy, and photography
including digital, any combination of various forms of electronic media, including
sound, film, holographic, and video and other art forms but only when on a large
public scale;
d. Mosaics;
e. Crafts: in clay, fiber and textiles, wood metal, plastics, and other materials;
f. Mixed media: any combination of forms or media, including collage;
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File Number. 20-912 Enactment Number. ORD 1613-2020
g. Furnishings and Fixtures, including, but not limited to: gates, walls, railings, street
lights or seating, if created by a visual art professional as unique elements. The
artworks can include water elements, walkways, and artistic or aesthetic elements
of the overall architecture or landscape design if created by a visual art professional
or a design team that includes a visual art professional.
h. Any other qualifying forms of on-site public art as determined by the Cultural Arts
Commission.
2. On-site Cultural Program. These may include:
a. Performance arts: theatre, dance, music;
b. Literary arts: poetry readings and storytelling;
c. Media areas: film and video, screenings, and installations;
d. Education: art lectures and presentations;
e. Special events: festivals and celebrations;
f. Artist -in -residence programs in the arts;
g. Any other qualifying form of cultural program as determined by the Cultural Arts
Commission.
3. On-site art spaces or cultural facilities that include one or more of the following eligible
components: gallery/exhibition spaces, resource libraries, visual arts slide registries,
performance spaces, artist studio spaces and arts education facilities which are open and
accessible to the public.
4. The following types of objects and elements may not be used to satisfy the requirements of
this Chapter:
a. Art objects that are mass-produced of standard design such as playground
equipment, benches, or fountains;
b. Decorative or functional elements or architectural details, which are designed
solely by the building architect as opposed to a visual art professional
commissioned for this purpose, working individually or in collaboration with the
building architect;
c. Landscape architecture and landscape gardening, except where these elements
are designed by the visual art professional and are an integral part of the work of
art by the visual art professional;
d. Directional elements such as super graphics, signage, or color coding, except
where these elements are integral parts of the original work of art or executed by
visual art professionals in unique or limited editions;
e. Logos or corporate identity.
C. Acquisition and installation of qualifying public art shall comply with the following:
1. The property owner, or property owner's designee as designated in writing, shall acquire
qualifying public art pursuant to the requirements of this chapter.
2. The creator of public art shall be a visual art professional who is not a member of the project
architect, engineering, or landscape architect firm.
3. Public art shall be installed on the development site in a location that allows the public art to be
visible from a public right-of-way or from other public property.
4. Public art shall be displayed in a manner that will enhance its enjoyment by the public.
5. The installation complies with all applicable building code requirements including structural
safety requirements.
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D. The property owner, or the property owner's designee as designated in writing, shall maintain, or
cause to be maintained, in good condition the public art continuously after its installation and shall
perform necessary repairs and maintenance to the satisfaction of the city.
1. The maintenance obligations of the property owner shall be contained in a covenant and
recorded against the property by the applicant.
2. Title to all artworks required by and installed pursuant to this chapter shall pass to the
successive property owners of the development.
3. Each successive property owner, or property owner's designee, shall be responsible for the
custody, protection, and maintenance of such works of art.
E. If, for any reason, the property owner, or property owner's designee, chooses to remove any public
art installed pursuant to this chapter, the city must be notified in advance and the property owner, or
property owner's designee, shall replace the public art pursuant to the following requirements:
1. The cost of the replacement shall be equal to, or greater than, the cost of the art to be
removed;
2. The location of the replacement shall meet the requirement for public accessibility in effect
at the time of the replacement;
3. The replacement art shall conform, in every respect, to all standards in effect at the time of
the replacement;
4. The replacement work, location and installation shall violate no other ordinance;
5. The replacement public art shall be available for public view not more than one hundred
eighty days after the existing art is removed, unless the property owner, or property owner's
designee, requests an extension of such time and the extension is approved in writing by the
Director of the Parks and Recreation Department at their discretion. The Director may
choose to confer with the Cultural Arts Commission in relation to approving replacement
public art.
8.76.040 In -lieu fee option.
A. Any person subject to the requirements of this chapter may elect to make a public art contribution
payment in an amount not less than half of one percent (0.5%) of construction costs into the
public art fund, in lieu of acquisition and installation of public art on the development project site.
The in -lieu contribution payment must be made prior to the issuance of a building permit.
8.76.050 Exemptions and waivers.
A. The city council may, at its sole discretion, exempt any project that is sponsored, funded, and
managed by a government agency or by a non-profit agency acting on behalf of the city from the
requirements of this chapter.
B. Exceptions. The requirements of this chapter shall not apply to the following activities:
1. Underground public works projects;
2. Street or sidewalk repair;
3. Tree planting;
4. Remodeling, repair, or reconstruction of structures which have been damaged by fire,
flood, wind, earthquake or other calamity;
5. Residential development projects;
6. Seismic retrofit projects;
7. Utility pump stations and reservoirs;
8. Fire sprinkler installation projects.
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File Number. 20-912
Enactment Number: ORD 1613-2020
8.76.060 Use of public art fund.
A. There is hereby created a public art fund to account for the public art in -lieu contributions and
any and all other revenues appropriated or received for public art and/or public arts and cultural
programs, including donations from the public. The revenues in such fund shall be used solely
for:
1. The acquisition, commission, design, installation, improvement, maintenance and insurance
of public art and/or arts and cultural programs identified by Section 8.76.030 of this chapter;
2. The acquisition or improvement of real property for the purpose of displaying public art,
which has been or may be subsequently approved by the city;
3. Other expenses associated with the implementation and administration of the public art
program.
B. All fees collected under this chapter will be maintained, managed, and reviewed by the city
manager and director of parks and recreation or their designee. The Parks and Recreation
Department shall initiate review of, and the city council shall review, the administrative costs of
the public art program annually, including, but not limited to, 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.
C. If real property purchased with monies from the public art fund is subsequently sold, the
proceeds from the sale shall be returned to the public art fund.
8.76.070 Administration.
A. Compliance with the provisions of this chapter shall be demonstrated by the property owner, or
property owner's designee, prior to issuance of a building permit, in one of the following ways:
1. Installation of qualifying public art on the development project site;
2. Payment of the full amount of the public art in -lieu contribution; or
3. Written proof to the city of:
(a) a contractual agreement to commission or purchase and install the required public art
on the development project site;
(b) a written acknowledgement by the visual art professional and the property owner, or
property owner's designee, in a form approved by the city, that the proposed public art
complies with the following criteria:
i. The public art shall be designed and constructed by any person experienced in the
production of such art and recognized by critics and by his or her peers as one who
produces works of art;
ii. The public art shall require a low level of maintenance and that the proposed
maintenance provisions are adequate for the long-term integrity and enjoyment of
the work;
iii. The public art shall be related in terms of scale, material, form and content to
immediate and adjacent buildings and architecture, landscaping, or other setting to
complement the site and its surroundings and shall be consistent with any
corresponding action of the planning commission, design review board or city
council as it may relate to any development entitlements;
iv Permanent public art shall be a fixed asset to the property;
v. The public art shall be maintained by the property owner, or the property owner's
designee, in a manner acceptable to the city;
vi. The public art meets all applicable building code requirements.
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File Number. 20-912 Enactment Number. ORD 1613-2020
(c) security or other financial assurance provided by the owner or applicant in an amount
and form acceptable to the city attorney to guarantee installation of the public art.
B. If the city determines that the proposed public art project does not comply with this Chapter, the
project shall be referred to the Cultural Arts Commission for review and a determination as to the
project's compliance with the requirements of this Chapter. The Cultural Arts Commission shall
be the sole reviewing authority for public art projects.
C. The determination of the Cultural Arts Commission may be appealed to the City Council in
accordance with Chapter 1.28 of this Code.
D. The determination of the Cultural Arts Commission regarding compliance of a proposed public art
project with this Chapter is also subject to review by the City Council as outlined in this section.
1. Two or more members of the City Council may call for review of a determination of the
Cultural Arts Commission regarding whether a proposed public art project complies with the
requirements of this Chapter. A call for review must be filed within the 15 -day appeal period.
The call for review shall be processed in the same manner as an appeal by any other person.
A call for review by at least two members of the City Council shall stay all proceedings in
the same manner as the filing of an appeal. Such action shall not require any statement of
reasons and shall not represent opposition to or support of an application or appeal.
2. Within two business days of a Cultural Arts Commission determination on a proposed public
art project, the Department of Parks and Recreation shall submit a notice of the
determination to the City Clerk for distribution to the City Council. Members of the City
Council may submit a call for review of a Cultural Arts Commission determination by
submitting a notice in writing to the City Clerk or noting so on the record at a City Council
meeting within the 15 -day appeal period. If two or more Councilmembers request review of
a Cultural Arts Commission determination, the City Clerk shall set a public hearing in
accordance with the provisions of Chapter 1.28. The City Clerk's notice to the City Council
regarding a Cultural Arts Commission determination shall include the date by which a call
for review by a Councilmember must be received by the City Clerk or noted on the record at
a City Council meeting.
SECTION 3. Severability.
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 the Ordinance, and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be
subsequently declared invalid or unconstitutional.
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File Number: 20-912
SECTION 4. Publication and Effective Date
Enactment Number. ORD 1613-2020
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a
summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is
scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's
Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance,
the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of
the full text of this Ordinance
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Introduced at a regular meeting of the City Council of the City of South San Francisco held the 11th
day of November 2020.
At a meeting of the City Council on 11/24/2020, a motion was made by Councilmember Nagales,
seconded by Councilmember Nicolas, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by LAX 4'k
osa Govea Acosta, City Clerk
Richard Garbarino,
City of South San Francisco Page 8