HomeMy WebLinkAboutStaff Report 4.B 6/17/2013 A.ve.n w It&wv #4.3
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' DATE:. June 17, 2013 ,,
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TO Honorable Mayor and Members of the City Council through City Manager
FROM: Heather Hines,.Planning Manage
SUBJECT: Petaluma Public Art Program; Adoption of Public Art Master Plan, Text
Amendments to Chapter 18 of the Implementing Zoning Ordinance, and
Modifications to the Public.Art ,,Committee's Enabling Legislation and Procedural
Guidelines
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RECOMMENDATION I
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It is recommended that the City;Council adopt the attached resolutions Adopting the Public Art
Master'Plan and Approving Modifications to the Public Art Committee Enabling Legislation,and
Procedural Guidelines and introduce the attached Ordinance Amending Chapter 18 of the
Implementing Zoning Ordinance
BACKGROUND
The preparation of the Draft Public Art:Master Plan was,undertaken by the Petaluma Public Art
Committee (PPAC) under the assistance o f consultant Chandra Cerrito and Art Advisors LLC.
Development of the Master Plan and proposed text amendments to Chapter 18 of the
Implementing Zoning Ordinance was a five year'process. Public involvement was embedded
throughout the process, including more°than 150 participants in an online survey, a community
meeting, and more than 30 "key person' interviews. The review and refinement of the draft
documents were,on the agenda and discussed at multiple PPAC meetings all of which provided
the opportunity for members.of,thcpublic to participate in the process.
Recreation,,Music,aand Parks Commission
In March of 2013 the draft master plan and text amendments were reviewed by the Recreation,
Music, and Parks.Commission at their monthly meeting. Comments were received on the Draft
Public Art Master Plan,and have been incorporated'into the master plan. No comments were
provided on the proposed code amendments:
Planning Commission
The Planning Commission reviewed the Public Art Master,Plan, proposed Text Amendments,
and modifications to the Committee's Enabling Legislation and Procedural Guidelines at their
April 23, 2013 hearing. The :Commission approved.Resolution No. 13-005 (5-1-1 with Elias
. s:
Agenda:Review. � �
City'Attorney Finance Director City Manag€tr �f -
dissenting) recommending the.'Council approve the Public,Art .Master Plan with one edit to
:change "Petaluma River Trail" to "Petaluma Water Ways" on Page 21 of the document in
response to apublic comment letter received from Petaluma:Water Ways (Attachment 10). This
change has been ificerporated.into.the'draft before the Council'for consideration.
•
The Planning Commission approved Resolution No 13-006 (6-0-1) to recommend the Council
approve modifications to Chapter 18 of the Implementing Zoning Ordinance. The following two
modifications were recommended and have been incorporated into the draft amendments:
• change 18.030.H. to clarify that public, art cost shall not include ongoing maintenance;
and
• modification to 18.170.A. to indicate that replacement cost should be based on original
value of the artwork in presentdollars.
•
As part of their comments on the zoning amendments, the Planmng Commission encouraged the
City Council to reconsider the current'policy on voluntary participation in the public art program
for residential projects and instead require residential projects of a certain size to participate in
the existing program.
The Planning Commission reviewed proposed modification's to the Public Art Committee's,
Enabling Legislation and Procedural.Guidelines and approved Resolution No 13-007 (6-0-1) to
recommend:approval by the City Council. No modifications were proposed.
Although not clearly outlined,in the three resolutions,approved by the Planning. Commission
(Attachments 5, 6. and 7), frustration was expressed by members of the Commission regarding
the lack of regulation requiring a developer to commit to incorporation of public art into the
project during. Site Plan and Architectural Review. The Planning Commission discussed the
need for a requirement that if onsite art is proposed and considered as part of the Site Plan and
Architectural Review then the applicant should not be able to pay the in lieu fee to satisfy the
public art requirement. This discussion and concern was not included in the Planning
Commi'ssion's action.
• DISCUSSION
Project Description
Public Art Master Plan
The Public Art Master Plan outlines recomrendations for enhancing Petaluma's public art
program. The plan includes recommendations for improving processing and integration of the
public art program into the development process as'well as identifying potential types of public
art on public property within the city. ;Also included in the plan are goals for facilitating
community support and continuing to develop a public art program that advances the
community's;goals:.;and vision.
The PPAC spent considerable time engaging the public through surveys and stakeholder
interviews to begin-to:frame the'discussion. Additionally, the committee reviewed similar type
documents from different jurisdictions known' to have an active public art component. Since
completion of the initial draft;"the master,plan.has.been reviewed,and recommended by the City
Manager',s'Office, Planning Staff, the City Attorney's Office, and by the Recreation, Music, and
Parks Commission.and-the.Planning Commission. The Draft Public.Art Master Plan (Exhibit A
of Attachment 1) is now before;the City Council for consideration and adoption.
Chapter 18 Text Amendments
The PPAC and staff have drafted a series of amendments to Chapter 18 (Public Art) of the
Implementing Zoning Ordinance. This chapteroutlines the requirements for public art as part of
private and public development: These amendments do not change the requirements for public
art as adopted by the City Council, 'but. rather clarify and build greater consistency with the
public all program.
Proposed modifications focus on clarifying applicability and requirements for public art as part
of private and public development projects. Additionally, changes,include expanding pertinent
definitions and more clearly outlining the specific public art requirements. The code
amendments were reviewed by the Recreation, Music, and Parks Commission and the Planning
Commission. The revised chapter"i`s attached (Attachment 4 in redline, Exhibit A of Attachment
2 in final version) for the Council's review'and adoption.
Enabling Legislation and Procedure Guidelines
The third component to this project,is modifications to the Public Art Committee's Enabling
Legislation and creation of Procedural Guidelines. This resolution (Attachment 3) would rep lace
Resolution No 2005-041 (Attachment 8) which was adopted by the City Council in 2005. The
proposed modifications primarily outline process improvements to better integrate public art in
the development review process. The PPAC, or their designee, will have final discretion on
public art in private development to determine that the,proposed artist and artwork meets the
requirements as outlined in,IZO Chapter'18.
General Plan Consistency
Chapter 6 of the Petaluma General Plan 2025 discussed recreation, music, parks, and the arts.
The General Plan acknowledges that art plays an important"economic, educational, and social
role in the life of Petaluma." Additionally, public art-contributes to Petaluma's sense of identity
and livability. The General Plan sets long term goals to further facilitate public art in the city.
The Public Arts Program items, including the Master"Plan, text,amendments, and modifications
to enabling legislation are consistent with the following General Plan policies.
6-P-26 Encourage, develop andsupport arts programs throughout the community that
provide for the continued success ofniusical,.theatrical, artistic, and cultural
traditions and events in Petaluma.
6-P-27 Utilize the Public Art Committee to implement the City's public art program and
increase art throughout Petaluma.
Develop and maintain a dynamic and c6hcise.Arts and Culture Master Plan.
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6-P-29 Integrate the,arts-into the splanningproce"ss in the city and encourage the arts as an
integral part of development proposals arid capital improvement projects.
6-P-30 Place public art in areas that are interactive'and accessible to the public and at the
city's gateway.
The proposed text amendments to Chapter 18 of the Implementing.Zoning Ordinance do not alter
the public art requirements for development, private or public, to either pay an in-lieu fee or
integrate public art into the project. Rather, thetproposed,amendments clarify the applicability of
the city's adopted public art;requireinent:and the criteria by which this requirement is measured.
Proposed modifications to the Public Art Committee's enabling legislation and procedure
guidelines more clearly outline the process for reviewing public art both as part of a private
development proposal iand as' part of a city project or a project on city property. Proposed
modifications also include the';duties and responsibilities of the PPAC and discuss administration
of the public art fund: Clearly outlining the PPAC's role and general process guidelines is
consistent with the PPAC's goal to work closely with staff, the Planning Commission, and the
City Council to promote,efforts to improve the City's aesthetics and to integrate the public art
program into the city's planning and development.procedures..
FINANCIAL IMPACTS
Staff and consultant work on the Public Art Program has been paid for by funds from the Public
Art Fund. The fund has a current balance of$300,809.26.
ATTACHMENTS
1. Resolution adopting the Public Art Master Plan
Exhibit A Draft Public Art Master Plan
2. Ordinance adopting amendments.to IZO Chapter 18
Exhibit A Draft Chapter-18;of the IZO (clean version)
3. Resolution approving modifications to the Public Art Committee Enabling Legislation
4. Redline 1ZO Chapter 18
5. Planning Commission Resolution 13-005
6. Planning Commission Resolution 13-006
7, Planning,Commission,Resolution 13-007
8. City Council Resolution 2005-041
9. Planrung Commission staff report, April 23, 2013
10. Public Comment Letter from Petalunia Water Ways,April 23, 2013
ATTACHMENT 1
RESOLUTION OF THE CITY^OF PETALUMA<CITY COUNCILADOPTING THE
PETALUMAPUBLIC ART MASTER PLAN
•
WHEREAS, the Petaluma General Plan recognizes the'itnportant.economic, educational
and social role that art plays in the life of Petaluma, including contribution to the community's
identity and livability; and„
WHEREAS, policy 6-P=-27 of§the,Petaluma General Plan calls for utilizing the Public Art
Committee to implement the City's public art and increase art throughout Petaluma by
developing an Arts and Culture Master Plan; and
WHEREAS, policy 6-P-29 of the Petaluma General;Plan calls for integration of the arts
into the planning process and encouragement of art as an integral part of development proposals
and capital improvement projects;.and,.
WHEREAS, the.Public Art Committeeahas created a Public Art Master Plan with
detailed recommendations for enhancing;Petaluma's public art program and providing a
framework for the public art fund, and such Public Art Master Plan is attached to and made a
part of this resolution as Exhibit;A;,and,
WHEREAS,this project has been reviewed in compliance with CEQA guidelines and
has been determined to be-categorically exempt to Section 15305 (minor alterations in
land use limitations)in.thatthe project involves minor modifications to the Implementing Zoning
Ordinance that do not result insignificant=.changes in allowable land use or density.
WHEREAS, on April 23, 2013,the Planning:Commissionaheld a duly noticed public
hearingrin.accordance with the City of Petaluma Implementing Zoning Ordinance, Section
24.010 and recommended the City Council adopt the Public Art.Master'Plan;
WHEREAS, a public notice of the June 6, 2013 public hearing before the City Council
was published in the Argus-Courier on April 11, 2013, and,
WHEREAS, on June 17, 2013 the City,Council held a duly noticed public:hearing to
consider the Public Art Master Plan.
NOW,THEREFORE BE IT RESOLVED that the City Council.hereby finds that the
proposed Public Art Master Plan, Exhibit A of this resolution, is in general conformity with'the
Petaluma General Plan 2025, in that these documents implement policy 6-P=29 by integrating
public art into the planning entitlement.process,
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'ii44" City of Petaluma Public Art Master Plan
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TABLE OF CONTENTS
STATEMENT OF APPRECIATION 2
PUBLIC ART MISSION STATEMENT 2
EXECUTIVE SUMMARY 2
GOALS 3
BACKGROUND 6
PETALUMA AND PUBLIC ART 9
IMPLEMENTING THE PUBLIC ART PROGRAM 12
SITES FOR FUTURE PUBLIC ART ON PUBLIC PROPERTY 19
PUBLIC ART SITE CATEGORIES 20
POLICY ON GIFTS AND LOANS OF ARTWORKS 29
POLICY ON DEACCESSION AND/OR REMOVAL OF ARTWORKS 30
APPENDICES 31
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MCN EAR PENINSULA
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Document Layout, Cover and Map by Metropolitan Planning Group, Inc.
1 April 2013
City of Petaluma Public Art Master Plan
STATEMENT OF APPRECIATION
The Petaluma Public Arts Committee ("PPAC") formally recognizes and appreciates the
inspiring efforts put forth by the committed group of citizens and city staff who
developed a Public Art Ordinance for Petaluma in 2004. At the time of its adoption by a
visionary city council, the Public Art Ordinance was a groundbreaking piece of legislation
with Petaluma at the forefront. Since then, many cities in Sonoma County have
followed by adopting their own public art legislation using Petaluma's Public Art
Ordinance as a template.
PUBLIC ART MISSION STATEMENT
The City of Petaluma's public art program is committed to enhancing the appearance
and cultural richness of the City by incorporating works of art into public places and
fostering art within public view or access in private developments. The public art
program encourages the use of art to celebrate the City's rich history, its significant
environmental assets and the diversity of its community as well as to salute creativity,
innovation and artistic excellence.
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SWALNUT PARK
2 April 2013
lek, City of Petaluma Public Art Master Plan
IIII
EXECUTIVE SUMMARY
The Public Art Master Plan includes detailed recommendations for enhancing
Petaluma's public art program, including the following topics:
• Clarification of the administration of the City's Public Art Program, including:
o Clarifying the process for acquiring and placing of public art on public
property;
o Clarifying the process for acquiring and placing public art as part of private
construction projects;
o Allocating Public Art Fund for authorized public art programs;
o Integrating the public art program into the private development entitlement
process; and,
o Clarifying the roles of the PPAC, the Public Art Liaison, city staff, and
approval bodies involved in the public art program.
• Maintenance and conservation of the City's public art collection, including
recommended procedures.
• • Identifying sites for future public art projects on public property, and consideration
of types of potential artwork.
• Recommended guidelines for reviewing and approving gifts and donations of public
art.
• Recommended Policies for deaccession and removal of public art.
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• TURNING BASIN
3 April 2013
City of Petaluma Public Art Master Plan
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GOALS
The following goals were developed by the PPAC, with input from hundreds of Petaluma
citizens, and with the consultant's advice to assist PPAC and city staff in implementing
the public art program.
Promote the display of public artwork through projects.
• Permanent public artworks should be evaluated by qualified reviewers to ensure
compliance with established criteria in the Public Art Ordinance, including artistic
quality, craftsmanship, and durability.
• The public art collection should be properly maintained.
Develop a Public Art Program that addresses and reflects the values,
cultures and aspirations of the community.
• Encourage art projects that include reflections of Petaluma's agricultural and
industrial past, the diversity of its cultural heritage and its present-day community.
• • Encourage art projects that consider Petaluma's geography, including the Petaluma
River at its center and its surrounding hills.
• Encourage art projects that celebrate innovation and artistic excellence or explore
ways to help the community visualize its future.
• Create and maintain an inventory of all public art pieces in the city.
Goal 3 Create a Public Art Program that supports and advances the urban
design and community goals of the City.
• The PPAC should continue to work closely with planning staff, the Planning
Commission, and/or City Council to promote efforts to improve the City's aesthetics.
• Petaluma's public art program should complement the City's infill development
objectives, which aim to preserve surrounding agricultural lands and open spaces,
encourages alternative modes of transportation such as biking and walking, and
celebrates the beauty and function of the Petaluma River.
• Public art enriches Petaluma's neighborhoods and gateways. It adds aesthetic and
cultural richness to downtown.
• Public art promotes a comfortable and amenable walking environment in Petaluma,
while being clearly visible to visitors passing through.
4 April 2013
0 City of Petaluma Public Art Master Plan .
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Goal 4 Develop community support for and encourage community
participation in the public art program.
• Citizens' input is incorporated into the development of the public art program—its
objectives, guiding principles and projects.
• The community should be informed of the public art program's activities through
public outreach including press releases, local media and web sites, local schools
and/or readily available brochures.
• Collaborate with other art organizations and projects to further the mission of the
public art program.
Goal 5 Integrate the public art program into City ordinances, policies, plans
and procedures to ensure the long-term viability of the public art
program and the public art purchased under the program.
• The public art program is included within the City's zoning ordinance and should be
integrated into the City's planning and development procedures. •
• A clear understanding of the Public Art Ordinance's applicability and requirements
should be established with Planning and Building staff and communicated to
applicants during review of private development projects.
• The PPAC should be designated to establish public art program guidelines including
annual work plans, budgets, policies and procedures subject to the provisions of the
Public Art Ordinance establishing the Public Art Committee, available funds in the
Public Art Fund, and the general oversight of the City Council.
• Specify authorized uses of the Public Art Fund.
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VALLEY VISTA SCHOOL MURAL
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5 April 2013
City of Petaluma Public Art Master Plan
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BACKGROUND
Public Art Master Plan Context, Process and Results
Context of the Public Art Master Plan
With the passage of the Petaluma Public Art Ordinance in 2005, Petaluma's City
Manager directed the PPAC to develop a Public Art Master Plan in order to implement a
comprehensive public art program that responds to the interests and aspirations of the
community and that complements the City's overall planning objectives.
Since the Public Art Ordinance was passed, a Public Art Fund has been established with
in-lieu fees paid by developers whose private construction projects are subject to the
public art requirement, and who opt to pay fees instead of installing public art within
their projects. The PPAC created the Public Art Master Plan to provide a framework for
the Public Art Fund, including uses of the Fund, site mapping for placement of future
artworks on City-owned property and clarifying procedures for completing these public
art projects.
After five years of experience facilitating the implementation of a public art program
• under the Public Art Ordinance, the PPAC has learned which areas of the program are
successful and which areas need improvement. The Public Art Master Plan offers
refinements and enhancements to the public art program as it has been implemented to
date.
Planning Process Flow Chart
Mission and goals (PPAC and consultant)
Public survey (City-wide distribution, managed by PPAC and consultant)
Public meeting (City-wide attendees, led by PPAC and consultant)
Key person interviews (conducted by PPAC)
City Staff review
Public Art Committee recommendation
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City Council approval
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6 April 2013
City of Petaluma Public Art Master Plan
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Phase I- Planning Scope and Results
In 2006, the PPAC began the process of developing a Public Art Master Plan ("Plan"). In order
to gather community input regarding the Plan, the PPAC hired public art consultant Chandra
Cerrito of Chandra Cerrito/ Art Advisors to assist in creating a public art survey and in
conducting a community meeting on public art. In February 2007, the PPAC launched an online
public art survey, which remained active through early July 2007. Over 150 people participated
in the survey. A community meeting on public art was held at the Lucchesi Community Center
on April 24, 2007. Approximately 25 people were in attendance.
Results from this community outreach illustrated that:
• The Petaluma community is supportive of public art;
• The Petaluma community believes public art can add ornamentation, create a landmark,
create a visitor destination, provoke discussion or response, and/or feature recognized,
noteworthy works of art;
• The Petaluma community envisions a variety of artworks within their City, including art
about the environment/nature, art that reflects the site's history or locale, art for art's
sake, art that reflects the uses of the site, art that involves the community and art that is
narrative; and,
• The Petaluma community would like to see public art throughout the City, including in
parks and plazas, outside public buildings, along the river, along pedestrian and •
recreational pathways and at major gateways to the City.
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DAVID YEARSLEY RIVER HERITAGE CENTER •
7 April 2013
City of Petaluma Public Art Master Plan
Phase ll- Planning Scope and Results
In June 2010, the PPAC began the second phase of the planning process with the assistance of
Chandra Cerrito. Results gathered in Phase I were reviewed and used as a basis for further Plan
development. In addition to further identifying and prioritizing potential public art sites and
types, the PPAC considered potential changes to the City's Public Art Ordinance and
modifications of public art implementation procedures that would improve the process and
results of Petaluma's public art program. Input regarding these topics was gathered in over 30
key person interviews.
Results from Phase II research, which incorporates results from Phase I, informed the
recommendations and strategies of this Public Art Master Plan and included:
• Make modifications to the existing Public Art Ordinance, including in the following
areas: artwork criteria, selection and approval procedures;
• Ensure the implementation of the public art program within the City's broader planning
process;
• Create objectives and implementation methods within the Public Art Master Plan that
complement the General Plan 2025, the current Zoning Ordinance and other City plans;
and,
• Create a public art project plan by identifying future sites for art on public property.
•
The PPAC, with Chandra Cerrito, developed a Draft Art Master Plan, and draft revisions to the
Public Art Ordinance. PPAC and the consultant met with, and reviewed the comments of,
Planning staff, the City Manager, and the City Attorney before finalizing the recommendations
presented in these documents. That process was initiated in 2011 and completed in 2012, was
done as the time of these individuals allowed, and addressed procedural, administrative, and
legal considerations.
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• PETALUMA ARTS CENTER
8 April 2013
City of Petaluma Public Art Master Plan
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PETALUMA AND PUBLIC ART
Petaluma as we recognize it today is the result of rapid growth during the 1950s and
1960s and urban growth of the 1970s to present. With the expansion of U.S. Highway
101 north from San Francisco to Marin and Sonoma Counties, new construction and
neighborhoods boomed, mostly on the eastern side of town. Although the highway
brought new industry and commuters, Petaluma's historical roots remain closely tied to
the Petaluma River, around which the City was originally built.
In the 1850s, early inhabitants of Petaluma took advantage of this natural resource and
established the town as an important commercial hub for transporting agricultural
products and goods. Thus the town grew along the riverbank, and today the City's
neighborhoods near the river boast well-preserved pre-1906 style buildings and
Victorian-era homes.
From 1950 to 1980 Petaluma tripled its population. Growth management policies were
adopted in 1971 under the "Petaluma Plan." The plan sought balance between
residential growth on both eastern and western sides of the City. Another objective was
to protect the City's proud historic character. Additionally, Petaluma residents
recognized the beauty of the surrounding hills and green space and opted for time
• controlled growth management practices.
Through review and planning, the City would ensure that a variety of housing choices
were available for residents along with adequate water supply and sewage treatment
facilities for its growing population. Since voters adopted the "Urban Growth Boundary"
in 1998, Petaluma has focused on identifying vacant and underutilized parcels for "infill"
development. The ultimate intention of infill is to ensure preservation of farmland and
open space surrounding the City.
With the objective to develop underutilized portions of Petaluma came the opportunity
for art to enhance and enliven the town. In the early 2000's, the Petaluma Arts Council
worked with Petaluma's Community Development Department, Chamber of Commerce,
Visitor's Bureau and Downtown Merchant's Association to help create the Public Art
Ordinance.
This ordinance passed by the City Council in March 2005 applies to certain public and
private development projects and provides for the creation, purchase and display of
public art projects as part of or in conjunction with the development project. The
ordinance established a Public Art In-Lieu Fee equal to 1% of defined construction costs
as an alternative to the installation of public art as part of or in conjunction with a
development project. These fees are collected in a Public Art Fund. The ordinance also
• created a Public Arts Committee charged with building and maintaining a meaningful
public art program. Since the adoption of the Public Art Ordinance, several public
artworks have been erected throughout town. These artworks help define the City's
identity, and benefit the entire community by enriching public spaces and boosting civic
9 April 2013
City of Petaluma Public Art Master Plan
•
pride. Today, the Public Art Master Plan provides guidance in the implementation of
public art projects funded by the Public Art Fund. It helps Petaluma's public art program
enhance, enliven and enrich the distinctive face of Petaluma--its historic foundation,
contemporary community, cultural diversity and vitalization.
The following information about Petaluma's history and character was used to develop
the Public Art Master Plan and will provide guidance in the development of the future
public art program:
Brief Petaluma History and Local Economy
• The Coast Miwok Indians and Pomo Indians resided in southern Sonoma County,
and Petaluma was originally the name of a Miwok village east of the Petaluma
River.
• 1836 General Vallejo built his adobe.
• 1849 Pioneers settled in Petaluma due to the discovery of gold in California. The
town's Petaluma River enabled productive farmland to send its agricultural
produce to the burgeoning city of San Francisco during California's gold rush.
• The city of Petaluma was founded in 1852 and chartered in 1858, becoming a
thriving shipping and manufacturing center. For 98 years, the waterway
contributed to Petaluma's commercial success, making it at one time the ninth
•
largest municipality and the third busiest inland port in California.
• In 1871 the San Francisco and North Pacific Railroad (SF & NPRR) line ran
through Petaluma from the bay steamboat terminals in Marin to Santa Rosa.
The line was constructed along the east side of the Petaluma River, with a
station on Lakeville Street. The railroad secured Petaluma's position as the
commercial hub of Sonoma County, as products could be shipped by both
steamer and train.
• 188Os to 194Os Petaluma was known as "Egg Capital of the World" because of its
significant chicken processing industries.
• The earthquake and fire of 1906 caused devastation elsewhere, but nearly
bypassed Petaluma. Many San Francisco manufacturing firms relocated to
Petaluma bringing jobs and a growing need for housing to the City.
• Dairy farming emerged in 195Os and continues as a principal industry today,
along with a variety of specialty agricultural products, high tech industries
including telecommunications, and tourism.
Petaluma Today
• The population of Petaluma is 57,941.
• Petaluma's median household income was $81,935 in 2009.
• According to www.muninetguide.com and based on the 2000 and 2010 US
census data, Petaluma's population is 65.5% Caucasian, 21.5% Latino, 4.5% •
Asian, 1.4%African American, and 2.2% other.
10 April 2013
City of Petaluma Public Art Master Plan
. ••
• Petaluma has served as a site for filming more than 30 motion pictures and
television commercials.
• Agriculture remains an active industry in Petaluma, including organic farming,
specialty crops, dairies, and vineyards.
• Petaluma hosts high tech industries including telecommunications and research
and development. It also has an active tourism industry.
• Petaluma supports a large arts community, including galleries, the Petaluma Arts
Center, Cinnabar Theater, The Mystic Theater and Phoenix Theater.
• Petaluma supports many cultural events such as the annual El Dia de los
Muertos, Butter and Eggs Day Parade, Poetry Walk, Veterans Day Parade and
Petaluma International Film Festival
• Santa Rosa Junior College has a campus in Petaluma.
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11 April 2013
0 City of Petaluma Public Art Master Plan
s
IMPLEMENTING THE PUBLIC ART PROGRAM
Implementing public art projects as part of public construction projects
The PPAC will work with City officials to gain understanding of those public construction
projects subject to the requirements of the Public Art Ordinance, and administer the
process for artwork search and review as outlined in the Public Art Ordinance, for
permanent and temporary placements.
Implementing public art projects on other public property
The PPAC will regularly monitor the Public Art Fund and determine when sufficient
monies are available to fund a public art project that is not tied to a specific public
construction project. PPAC will refer to the Public Art Master Plan's recommendations
for sites, for permanent and temporary placements.
The PPAC will manage the process for search and review of all artwork, as outlined in
the Public Art Ordinance.
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•
12 April 2013
City of Petaluma Public Art Master Plan
•
Art in Private Development
Review of proposed public artworks in private constructions projects
The PPAC or a designee of the PPAC will assist City staff with its review of proposed
public artworks for private construction projects, to verify compliance with the criteria
specified in section 18.090 of the Public Art Ordinance. The PPAC may designate City
staff to fulfill its review responsibilities.
Applicants for private development projects subject to the Public Art Ordinance will be
required to either pay the applicable in-lieu fee prior to the issuance of a building
permit, or incorporate public art into the project and receive approval from the PPAC or
designee that the proposed artwork meets applicable criteria.
A building permit for a project subject to the public art requirements will not be issued
until one of these two items has been completed.
Public Art Fund
The Public Art Fund is used to acquire, promote and maintain public art on public
property and to administer the public art program. The Public Art Fund is intended to
maximize the acquisition and installation of public Art in Petaluma. Accordingly, Public
•
Art Fund proceeds should be allocated approximately as follows, and should be
reviewed approximately quarterly via reports provided to the Public Art Committee by
the City's finance department:
Artwork acquisitions and commissions for public property,
including but not limited to:
• Design
• Engineering
• Fabrication
• Crating
• Shipping
• Installation
• Insurance
• Architect fees
• Site preparation
• Artwork lighting
• Artwork identifying plaque
25% Administration and outreach
10% Maintenance and conservation
13 April 2013
City of Petaluma Public Art Master Plan
Public Art Program Guidelines
In order to enhance consistency, accountability and efficiency within the Public Art
Program, the PPAC should establish policies, procedures and annual work plans, subject
to the provisions of the Public Art Ordinance establishing the Public Art Committee,
available funds in the Public Art Fund, and the general oversight of the City Council that
address the following:
• Scope and budgets of public art projects on public property
• Prioritization of public art projects on public property
• Calls for entries, requests for qualifications and requests for proposals
• Public art collection management
• Public art collection maintenance and conservation
• Education regarding public art and the public art program
• Publicity and community outreach
1
PETALUMA WATERWAY
14 April 2013
City of Petaluma Public Art Master Plan
Integration of the Public Art Program with Development Review Procedures
The following are ways the public art program should be integrated with other
development review procedures to ensure coordination and compliance:
• The PPAC recommends to and coordinates with City staff as appropriate
procedures for review and approval of proposed public art projects.
• The City website should contain links to a Public Art Program page, which should
contain pertinent information such as the following:
o A link to the Public Art Ordinance
o The Public Art Master Plan
o Public Art Packet information
These links should also be included within the City's website where applicants
for construction projects can find information about City requirements and a
procedure for obtaining applicable permits. Current examples of suggested
locations include:
o "Quick Links" section of the CDD home page
o "Handouts" page within that Quick Links section
o "Building Links"
o "Related Links" section on the Building page
o "Planning Links" and/or "Related Links" section on the Planning page.
• Public Art requirements should be included in development review-related
handouts . A Public Art information packet should be provided to applicants
whose projects may be subject to public art requirements.
• All applicants subject to the Public Art Ordinance, including those who may only
be subject to administrative reviews, who choose to commission or purchase
public artwork should be required to indicate a proposed location or locations
for public art within their initial submission of project plans.
• Planning staff should inform the PPAC of any private construction project
applications that are subject to the Public Art Ordinance. Other staff or officials,
such as the PPAC representative of the Music, Parks and Recreation Committee,
or Public Works staff, should inform the PPC of any public construction projects
subject to the Public Art Ordinance.
• In the "Development Permit Application" and the "Checklist for Accepting
Commercial Permit Applications," a section should be included for confirming
the applicant's fulfillment of the public art requirement, if applicable, through
either payment of the in-lieu fee or a public art proposal approved by the PPAC
or a designee of the PPAC.
• The PPAC should regularly update the Planning or other staff or City bodies and
coordinate as appropriate regarding public art projects that are in progress,
approved and completed.
• The City should designate a staff member as Public Art Liaison (See "Public Art
Liaison.") •
15 April 2013
City of Petaluma Public Art Master Plan
•
Public Art Liaison
Proper staffing is key to the ongoing success of the Public Art Program. The PPAC
emphasizes the importance of this position to the success of its activities. Until such
time as adequate funding is available from other sources to finance position costs,
funding should be provided from the Public Art Fund.
The City should designate a staff person as Public Art Liaison whose responsibilities
include the following:
• Coordination with City Departments, as appropriate, to identify upcoming
construction projects subject to the Public Art Ordinance;
• Assist with implementation/fulfillment of the public art program including:
o Artwork installation
o Artwork permits, if applicable
o Identifying plaques
o Appropriate lighting
o Artwork maintenance plan for PPAC review
o Artwork maintenance
o Imposition and collection of public art in-lieu fees
•
• Disseminate information about the public art program to city staff, applicants
and the general public;
• Coordinate communications with city staff, the Planning Commission, the City
Council, and other city boards and committees, as appropriate;
• Participate in monthly PPAC meetings, including coordinating open meeting law
compliance with the City Clerk's and City Attorney's office;
• Coordinate with planning staff concerning PPAC review and findings for
proposals for public art in private construction projects;
• Provide administrative support for public art projects on public property,
including coordination of solicitations for Artists Receipt, organization, and
documentation of Artist submissions; and,
• Organize and maintain PPAC documents, such as artwork proposals and
maintenance plans.
•
16 April 2013
City of Petaluma Public Art Master Plan
•
Public Art Collection Conservation and Maintenance
Maintenance of Public Art on Public Property
The public art collection represents the City's investment in its aesthetic and cultural
heritage and legacy. The condition of this collection should be protected through
regular maintenance and conservation, under the guidance of the PPAC. The
conservation and maintenance guidance by the PPAC should include the following:
• Public Art Agreements for art on public property should reference a consolidated
maintenance plan and should contain specific artist recommended maintenance
if necessary for the individual artwork.
• The PPAC should be authorized to conduct assessments annually or as needed to
determine the condition of the City's public art collection. Condition assessments
should be conducted by members of the PPAC or by a contractor, with the work
funded by the Public Art Fund.
• Execution of maintenance plans should be funded by the Public Art Fund where
feasible. Artwork conservation that is beyond typical routine maintenance, or
which is particularly costly should be funded through the Public Art Fund if
feasible. Where appropriate City Council approval may be sought for
contributions from the City's General Fund.
Maintenance of Public Art in Private Construction Projects
•
Property owners should be responsible for the ongoing maintenance and conservation
of public artworks installed on their sites. The following are ways appropriate
maintenance can be ensured:
As part of the public art proposal submission, development applicants should be
required to provide an artwork maintenance plan for review by the PPAC. On-going
maintenance of public art installed on private property to meet the requirements of the
Public Art Ordinance should be a condition of approval for applicable entitlements,
consistent with maintenance plan approved by the PPAC.
Responsibilities of City Departments and Commissions
The following outlines the responsibilities each department and committee/commission
has in facilitating public art in Petaluma.
Public Art Committee
• Provides initial conceptual dialogue with developers regarding incorporating
public art in private development proposals.
• Reviews public art proposals in private development for compliance with criteria
outlined in IZO Chapter 18.
• Recommends updates to the public art program policies and procedures to the
City Council. •
• Manages the selection process for public art projects on public property.
• Submits recommendations to the City Council for artwork on public property.
17 April 2.013
City of Petaluma Public Art Master Plan
• Maintains dialogue with Planning Division regarding public art project on both
private and public property and the implementation of the public art ordinance
and associated procedures.
• Provides guidance for maintenance and conservation of the public art collection.
• Oversees education, publicity, and public outreach regarding the public art
program.
Community Development Department
• Updates applicants of public art requirements for private development.
• Determines whether proposed project are subject to the public art requirement
specified in the public art ordinance.
• Informs PPAC of current and upcoming construction projects subject to the
public art ordinance.
• Facilitates early dialogue between the applicant and the PPAC when a developer
would like to incorporate the public art requirement into the project.
• Presents public art proposals to the PPAC for review and determination of
compliance with criteria outlined in the public art ordinance.
• Confirms that development applicant has fulfilled the public art requirement
prior to issuing building permit.
• Retains maintenance plans for all permanent public art of public property and as
• part of private development.
• Acts as the liaison between applicant and the PPAC for the purposes of
implementing the public art ordinance.
Planning Commission
• Consider public art location for private development as part of Site Plan and
Architectural Review, unless the applicant elects to pay the public art in-lieu fee
instead of installing public art on site.
Petaluma Arts Council
• Appoints representative on PPAC.
Parks and Recreation Department/Commission
• Appoints representative on PPAC.
• Updates PPAC regarding projects that may be subject to the public art ordinance.
City Council
• Appoints five members of the PPAC.
• Considers and approves permanent public artwork on public property.
• Authorizes contracts for the acquisition and commission of permanent art on
public property.
• Considers appeal of PPAC findings regarding public art as part of private
• development.
• Approves and directs modifications to the public art master plan and public art
ordinance.
18 April 2013
City of Petaluma Public Art Master Plan
I
SITES FOR FUTURE PUBLIC ART ON PUBLIC PROPERTY
Using the Public Art Fund, the City may implement a variety of public art projects on
public property. Outlined below are types of projects that have been identified for
future implementation.
Selection of public art projects should consider, in addition to other public art program
objectives and criteria, the category that applies to the site under consideration. The
public art site categories occur throughout all zones in the City and include the
following: parks, plazas, municipal facilities, pedestrian and recreational pathways,
gateways and roadways.
Each public art site category is unique and embodies the following components:
• Urban design context for public art;
• Guiding principles for public art;
• Approach; and,
• Artist selection guidelines.
Prior to recommending a site for a public art project, the PPAC in collaboration with
appropriate City staff and/or other City bodies, should evaluate the site and possible art
taking into account:
• Visibility and public access;
• Public safety;
• Interior and/or exterior traffic patterns;
• Relationship of art to the site's existing or future architectural and natural
features;
• Function and uses of the facility or site;
• Future development plans for the area that may affect the public art project;
• Relationship of the art project to existing works of art or design elements within
the site's vicinity; and,
• Social or cultural context of the art project relative to the site and its surrounding
environment.
•
19 April 2013
• �' City of Petaluma Public Art Master Plan
•
PUBLIC ART SITE CATEGORIES
Parks
Urban Design Context
Petaluma has over 35 public parks. Parks provide outdoor public space for Petaluma
residents of all ages. Residents from all over the City use larger parks for a variety of
recreational activities and relaxation. Smaller parks provide places for respite within
neighborhoods and commercial areas. Parks offer the opportunity for people to gather,
linger and explore, often within a natural or semi-natural setting.
Examples Center Park
Leghorn Park
Lucchesi Park
Oak Hill Park
Prince Park
Shollenberger Park
Steamer Landing
Walnut Park
Wiseman Airport Park
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20 April 2013
City of Petaluma Public Art Master Plan
•
Guiding Principles of Public Art
Public art placed in or near parks should accomplish the following:
• Make parks welcoming places to visit;
• Reflect or embrace the City's physical and historic attributes, social
characteristics and demographics, and aesthetic heritage, vision, and goals for
the future;
• Encourage enjoyment and celebration of the human spirit and artistic creativity;
and,
• In small neighborhood parks, strongly consider the characteristics, culture,
physical setting, history, and/or current or desired aesthetics of the particular
neighborhood.
Approach
• Sponsor artwork that is functional, decorative or way finding, such as seating,
fencing, furniture, drinking fountains, play structures, landscaping, paving,
mosaic, water features or sculpture. Artworks shall be compatible with, and not
impede, the programmatic function of the site.
• Ensure permanent artwork is extremely durable and all artwork is physically
accessible to a diverse audience.
• Ensure ease of maintenance access for artwork.
•
• Consider opportunities for rotating or temporary art installations that represent
a diversity of creative approaches, foster innovation and/or enable community
involvement in larger parks like Lucchesi Park and Shollenberger Park, which are
used by a large segment of the Petaluma community.
• When determining the artwork's scale, strongly consider the pedestrian
perspective.
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MILLENNIUM ARCH IN MCNEAR PARK, BY NICOLAS VAN KRIJDT
21 April 2013
City of Petaluma Public Art Master Plan
Plazas
Urban Design Context
Petaluma has several plazas in the Downtown area. Plazas provide outdoor open spaces
within the built environment. They offer pedestrian-oriented areas of respite and
gathering as well as visual focus, often within busy retail, commercial or mixed-use
environments.
Examples Helen Putnam Plaza
Plaza near Water Street Bridge
Plaza at the end of Western Avenue
Guiding Principles of Public Art
Public art associated with plazas should accomplish the following:
• Enliven public spaces by adding focal interest, whimsy, humor and/or beauty;
• Help identify the plaza and its vicinity, creating a sense of place;
• Strongly consider the range of the City's historical, and physical attributes, and
demographic and social characteristics; and,
•
• Encourage enjoyment and celebration of the human spirit and artistic creativity.
Approach
• Sponsor artwork that is functional, decorative or iconic such as seating,
landscaping, paving, clocks, water features or sculpture. Artworks shall be
compatible with, and not impede,the programmatic function of the site.
• Create orienting public artworks that lessen the visual clutter of the urban
setting.
• Ensure artwork is extremely durable and physically accessible to a diverse
audience.
• Ensure ease of maintenance access for artwork.
• When determining the artwork's scale, consider both the pedestrian perspective
and vehicular perspective, if the plaza is also visible from nearby streets.
•
•
PUTNAM PLAZA PLAZA NEAR WATER STREET BRIDGE
22 April 2013
City of Petaluma Public Art Master Plan
Municipal Facilities
Urban Design Context
Municipal facilities serve all residents of Petaluma and add to the visual landscape of the
City. Certain public buildings, such as the senior center, serve specific groups within the
community, while others have visitors from a wide range of the population, such as City
Hall, the community center and the library.
Examples Art Center and Visitor Center (SMART Depot Complex)
City Hall Complex
Keller Street Parking Garage
Petaluma Community Center
Petaluma Municipal Airport
Petaluma Regional Library
Petaluma Senior Center
Police Stations
Fire Stations
Guiding Principles of Public Art
•
Public art associated with municipal facilities should accomplish the following:
• Make the facility a memorable and people-friendly place to work and visit;
• Promote the overall goals and purposes of the facility;
• Strongly consider the range of the City's physical and historic attributes, and
social and demographic characteristics;
• Encourage enjoyment and celebration of the human spirit and artistic creativity.
Approach
• Sponsor artwork that is functional or decorative, such as seating, fencing,
furniture, landscaping, paving, murals, sculptural relief, glass, mosaic or
sculpture. Artworks shall be compatible with, and not impede, the
programmatic function of the site.
• Ensure permanent artwork is extremely durable and all artwork is physically
accessible to a diverse audience.
• Ensure ease of maintenance access for artwork
• Consider opportunities for rotating or temporary art installations that will add
visual interest, represent a diversity of creative approaches, foster innovation
and/or enable community involvement in or outside certain municipal facilities
that are most visible or accessible to a large segment of the Petaluma
community, such as City Hall, the Art Center and Visitor Center complex, the
library and the community center. •
• When determining the artwork's scale, consider both the pedestrian perspective
and the vehicular perspective.
23 April2013
• • City of Petaluma Public Art Master Plan
•
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24 April 2.013
City of Petaluma Public Art Master Plan
Pedestrian and Recreational Pathways
Urban Design Context
In Petaluma's General Plan 2025 and other planning efforts, alternative means of
transportation such as walking and biking are encouraged. Petaluma has a series of
trails along its creeks and the Petaluma River, which are part of this alternative
transportation system as well as places for recreation in a natural setting within the City
limits. Existing urban areas such as Downtown are pedestrian friendly, with many
ground level activities and alleys and promenades that are not accessible to motor
vehicles. The General Plan encourages active ground level uses, wider sidewalks,
enhanced pedestrian crossings and added bike lanes along streets like the East
Washington / Washington Street corridor to create more pedestrian friendly
boulevards. Public art projects may enhance the aesthetic and functional experience of
such pedestrian and recreational pathways encouraged by the General Plan.
Examples Alley between Keller Street Garage and Helen Putnam Plaza
Allman Marsh Trail
Lynch Creek Trail
Petaluma Water Ways
Water Street Promenade
•
Guiding Principles of Public Art
Public art associated with pedestrian and recreational pathways should accomplish the
following:
• Make the pathway a welcoming, and safe place, for all those using it;
• Strongly consider the range of the City's physical and historic attributes, and
social and demographic characteristics;
• Celebrate the City's natural environment, including the Petaluma River, its creeks
and its marshlands, along which several of the pathways follow; and,
• Encourage enjoyment and celebration of the human spirit and artistic creativity.
Approach
• Sponsor artwork that is functional, decorative or way finding, such as seating,
fencing, furniture, markers, light standards, drinking fountains, landscaping,
paving, entry features or sculpture. Artworks shall be compatible with, and not
impede, the function of the site.
• Ensure artwork is extremely durable and physically accessible to a diverse
audience.
• Ensure ease of maintenance access for artwork. Artworks on trails should be
close to main trailheads or visible from multiple viewpoints, not just along trails. •
• Alert and provide adequate opportunity for dialog with nearby businesses,
property owners and neighbors, regarding the potential installation of artwork/s.
25 April 2013
City of Petaluma Public Art Master Plan
i
Gateways
Urban Design Context
Gateways are the physical and symbolic entrances to the City, which may or may not be
located at the actual City boundaries. They are significant intersections and freeway off-
ramps that signal one's arrival in Petaluma or in a certain section of Petaluma, such as
Downtown. According to the Petaluma River Access and Enhancement Plan adopted in
1996, major river crossings also serve as gateways. Public art at the City's gateways can
heighten one's sense of arrival and immediately create distinctive and memorable
impressions of the City.
Examples East Washington Street @ Highway 101
Lakeville Highway @ Highway 101
Lakeville Highway @ East D Street (SMART Depot Complex)
Petaluma Boulevard North @ Highway 101
Petaluma Boulevard South @ Highway 101
Washington Street @ the Petaluma River over-crossing
Petaluma River
• Windsor and D Street
Guiding Principles of Public Art
Public art associated with gateways should accomplish the following:
• Identify and distinguish gateways to create a sense of arrival;
• Encourage celebration of the human spirit, artistic creativity and innovation;
and,
• Strongly consider the range of the City's physical and historic attributes, and
social and demographic characteristics.
Approach
• Sponsor landmark artwork that is functional, decorative or iconic such as railings,
light standards, murals, mosaics, sculptural relief, banners or sculpture.
Artworks shall be compatible with, and not impede, the programmatic function
of the site.
• Ensure artwork is extremely durable and physically accessible or visible to a
diverse audience.
• Ensure ease of maintenance access for artwork.
• When determining the artwork's scale, consider its visibility from a distance.
26 April 2013
City of Petaluma Public Art Master Plan
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27 April 2013
City of Petaluma Public Art Master Plan
•
Roadways
Urban Design Context
Certain roadway elements, such as roundabouts, medians and bridges are included in
this category. Roundabouts and medians punctuate roadways, giving them distinct
visual character and distinguishing them from other streets or sections of the same
street. Although the City currently has only a few roundabouts, the General Plan calls
for the creation of more in new and altered City streets. Roundabouts slow traffic,
making roads safer for bicyclists and pedestrians, while adding aesthetic interest.
Bridges not only serve a practical function, but also mark the crossing of a road or river
below, orienting passersby to the City's geography. Public art can enhance and highlight
these roadway elements.
Examples Baywood Drive @ South MacDowell Boulevard Roundabout
Corona Road @ Sonoma Mountain Parkway Roundabout
Ely Boulevard South @ Casa Grande Road Roundabout
Magnolia Avenue @ Elm Street Roundabout
Washington Street @ the Petaluma River over-crossing
• Street Bridge (See also Gateways)
Guiding Principles of Public Art
Public art associated with roadways accomplish the following:
• Create a memorable landmark that represents or signals the particular
neighborhood surrounding the site;
• Strongly consider the range of the City's physical and historic attributes, and
social and demographic characteristics, particularly those that are most
prevalent in the vicinity surrounding the site;
• Encourage enjoyment and celebration of the human spirit and artistic creativity;
and,
• Enable safe and efficient traffic flow.
Approach
• Sponsor landmark artwork that is functional, decorative or iconic such as
landscaping, water features, railings, pillars, banners, lighting or sculpture.
• Artworks shall be compatible with, and not impede, the programmatic function
of the site. Artworks shall comply with thoroughfare regulations, such as those
regarding driver visibility and emergency vehicle accessibility.
• Ensure artwork is extremely durable and physically accessible or visible to a
diverse audience.
• Ensure ease of maintenance access for artwork.
• • When determining the artwork's scale, consider its visibility from a distance.
28 April 2013
City of Petaluma Public Art Master Plan
11111
POLICY ON GIFTS AND LOANS OF ARTWORKS
Artworks accepted as gifts or loans to the City should be compatible with the goals of
the Public Art Program. Gifts and loans of artwork should be evaluated by the PPAC for
acceptance by the City on the basis of the criteria specified in section 18.090(B) of the
Public Art Ordinance. In addition, a source of funding for the ongoing maintenance and
conservation of the artwork should be identified. It is recommended that the entity
donating the artwork also fund its ongoing maintenance and conservation.
Any proposals to the PPAC for artwork gifts or loans should be accompanied by detailed
descriptions of proposed artworks or photographs of existing artworks, documentation
of the Artist's professional qualifications, a proposed site, a maintenance plan with
estimated expenses and a current appraisal of the artwork, if the artwork exists.
The PPAC should present to City Council recommendations for accepting artwork gifts or
loans for final approval.
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29 April 2013
0 City of Petaluma Public Art Master Plan
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POLICY ON DEACCESSION AND/OR REMOVAL OF ARTWORKS
City-owned Public Art
The PPAC should review, and advise the City Council on, any requests for deaccession,
removal or relocation of artworks from the City's public art collection. Consideration of
deaccession or removal should involve the same careful review as a decision to
commission a work of art, informed by professional judgment and the interests of the
public. The PPAC may recommend sale of deaccessed pieces to the City Council for
consideration.
Incautious removal of an artwork from the public art collection may jeopardize the City's
ability to attract high caliber Artists for future projects, undermining the success of the
public art program. Given this, it is encouraged that no permanent artworks in the
public art collection be deaccessioned or removed within ten years of their installation.
Public Art in Private Developments
Replacement of public art in private developments is governed by section 18.120 of the
• Public Art Ordinance.
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30 April 2013
ATTACHMENT 2
ORDINANCE,OF THE CITY-OF. PETALUMA CITY COUNCIL,AMENDING
CHAPTER 18WOF'THE IMPLEMENTING ZONING ORDINANCE
WHEREAS, the Petaluma General Plan recognizes the important economic, educational
and social role that art plays,in the life of Petaluma, including contribution to the community's
identityand livability; and
WHEREAS,.policy 6-P-27 of the Petaluma=General>Plan calls for utilizing the Public Art
to implement the City's public art program and`increase,artthroughout Petaluma by
developing an Arts and Culture Master Plan; and
WHEREAS, policy 6-P-29%of the Petaluma General Plan calls for integration of the arts
into the planning process and.encour'agement of art as am integral part of development proposals
and capital improvement projects; and,
WHEREAS, the Public Art-.Conunittee-and staff have proposed a series of text
amendments to Chapter 18 of the,Implementing Zoning.Ordinance aimed at improving and
streamlining public art requirements into the planning entitlement process, and such proposed
amendments are attached to and made,a;part of this resolution as Exhibit A; and,
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance
provides in pertinent part that no^amendment shall'be made-to the Implementing Zoning
Ordinance unless the Planning'Cbniinissionand City Council find the amendment to be in
conformity with the General Plan; and,
WHEREAS, this project has been reviewed in compliance with CEQA guidelines and
has been determined to be.categorically exempt:pursuant'to Section 15305 (minor alterations in
land use limitations) in that the project involves,minor'modifications to the Implementing Zoning
Ordinance that do not result in significantchanges allowable.land use or density.
WHEREAS, on April 23, 2013,,the Planning;Commission held a duly noticed public
hearing.in accordance with the City of Petaluma Implementing Zoning Ordinance, Section
24.010 and recommended the.City Council amend Chapter 18 of the Implementing Zoning
Ordinance;
WHEREAS, apublic,notice of the June 6, 2013 public hearing before the City Council
was published in the Argus-Courier on April 11, 2013;and,
WHEREAS, on June 17, 2013 the CityCouncil held a duly noticed public hearing to
consider the proposed amendments.
2 � l
ATTACHMENT'2
NOW, THEREFORE BE IT RESOLVED thatthe City Council hereby finds that the
proposed amendments to Chapter 18 of the Imprementing Zoning Ordinance,;Exhibit A of this
resolution, are in general conformity with the Petaluma General Plan 2025, in that these
documents implement policy 6-P-29 by integrating public art into the planning entitlement
process.
•
2—
ATTACHMENT 2
EXHIBIT A
Chapter 18 Public Art
18.010- Purpose
A. The'purpose.of this chapter`is to require the integration of public art into private and public development projects,
and to authorize the establishment of guidelines:,procedures and standards for the integration of public art into
such development projects.
B. Public art helps,make cities:more livable and more visually stimulating. The experience of public art makes the
■ public areas of buildings and their grounds more welcoming., It creates a deeper interaction with the places people
visit and in which people workland live Public art illuminates the history of a community while it points to the city's
aspirations for the future.,A city rich in art encourages cultural tourism'which"brings in visitor revenues.
C. To achieve these"goals public!art planning should be integrated'into"development project planning at the earliest
possible stage,;and artists;selected should become a member of a development project's design team early in the
design process.,
18.020—Authority
In adopting this chapter, the city is relyingon,itsoolice power pursuant=to Article lI,.section 5 and 7, of the California Constitution.
In accordance with the case of Erlich v Cityrof Culver City(1996),12'CaIAt 854, the requirement to provide public art and/or pay
a public art lieu fee in accordance with this chapter is akin to traditional lannd userregulafions imposing designcenditions, and a
valid exercise of the city's traditional police power. The..requiiementsvof thiscftpter .including the requirement concerning •
providing'public art in a location reasonably accessible-to the public, like other design and landscaping requirements, are
aesthetic controls within the city's authority.
18.030 -- Definitions
A. Artist. A practicing professional*_artist or group of artists skilled•in the design and/or creative production of
aesthetic objects; wttqualificati s 4ecognized by peers and/or evidenced through a record of exhibitions, public
commissions,sale or works and educatonatattainment.
B. Construction cost' The total nstruction cost of a.development.project:±as determined by the Community
Development Director,h bonding permit application(s), or the totallcost of the above-ground elements of a park
or public works project Eas specified i sect nnr18.060. Construction cost is,calculated using all relevant
' building permit applications including, but not: to all grading', building plumbing, mechanical, site
improvement,;parking lot light ,9'th d'electrical permit applications for a development projects, but excludes costs
solely attributable,to interior tenant•improvements..
C. Construction or reconstruction.The construction or•the rehabilitation, renovation„remodeling or improvement of
a building, park,or other improvement subject to the requirements otthis:chapter
D. Private constructiontproject. Any privately funded non-residential construction or reconstruction subject to the
requirements of this chapter.
E. Public art. Original works of art that meet the requirements of section 18:120, including; but not limited to
sculpture, murals, photography and-original works of graphic art, water features, neon;:glass, mosaics, or any
combination of media. Public„art may include furnishings or fixtures, permanently affixed to buildings or building
grounds, including but not limited to works fixed to or comprising gates, walls, railings, street lights walkways or
seating, so long as they:are'created by anartist and otherwise meet the requirements/of section 18.120. Public art
may also include architectural features of.a building, and artistic or aesthetic elements of overall building
architecture or landscapedesign if created by an artist:so long as'such'features.orelements otherwise meet the
requirements of sectiori 18.120. Public art for purposes of.this chapter excludes:
1. Objects that are mass-produced or not Unique to'a'particular development project;
ATTACHMENT 2
EXHIBIT A
2. Decorative,or functional;elements or architectural details, unless designed by an artist and otherwise
meetingthe requirements ofsection 18.120;
3. Landscape.architecture and landscape gardening unless designed by the artist and otherwise meeting
the requirements ofsection 18`120;
4. Directional elements,such as super graphics, signage, or color coding unless designed by an artist and
an integral part of public art that otherwise meets thelrequirements of section 18.120;
5. Logos or expressions of corporateridentity that do not otherwise satisfy the definition of public art in
accordance with this section and the requirements of section 18120 a "
F. Public Art The committee=established pursuant.to sector 18180 to perform the duties required
pursuant to this chapter and any ordinance or resolution of the G% Gouncipertaining to the city's public art
program. The Public Art Committee is also referred to in this chapteras'the Petaluma Public Art Committee or
PPAC.
G. Public art in-lieu fee. The fee required to be paid to the city pursuant to this chapter equal=to one percent of the
construction cost as defined in this section in lieu of providing public art for public or private construction as
otherwise required pursuant to the requirements ofahis chapter.
H. Public art cost. The costof'providing'public art in'accordance with the,requirements of this chapter. Such cost
may include,but is not limited to the desgh;development acquisition,execution and installation of public art, and
includes the cost of administering the atysrPubiic'art program but shall not include maintenance costs.
I. Public art fund. The,accountestablished pursuant to=sectip 18:190, containing public art in lieu fees collected
pursuant to this chapter,and other contributions.to the ciittysipublic>art program for use for the limited purposes
specified in section 18.190. '
J. Public constructiomproject.Any publicly-funded coohstruction or reconstruction subject to the requirements of this
chapter.
K. Visual art professional. Any of the following: professional artist in any medium, art curators, art critics, art
historiansfrts,educators, architects or other design professionals with a visual arts background, and fine arts
collectors 4
18.040—DutytoProvide Public cArt and/or Pay Art in,Lieu Fee.
Developers and/or owners of,public an ri'vate construction projects to which this chapter applies in accordance with section
18.050 must provide,public'art that meetsathe:requirements of section 18.120 and/or pay the art in lieu fee as defined in section
18.030 in accordan`e"r'with section 18.090!and this chapter, and demonstrate compliance with the requirements of this chapter in
accordance with section 16.140 and 18150.
18.050—Applicability
The provisions of this chapterappfto all public,construction projects and non-residential private construction projects with a
construction cost of$500,000 or more, (including private,mixed-use construction'projects that include residential development, as
long as the non-residential development in the.mixed-use project has a construction cost of,'$500,000•ormore), that will be
constructed in any of the zoning districtsspecifed'in section 18.070, except those construction projects that are exempt from the
requirements'of this chapter in:acbordance with section 18.060.
18.060-Exemptions
The requirements of this chapter do not apply to the following:
A. Underground public works projects,,
B. Street or sidewalk,repair,construction,or reconstruction;
C. ' Tree planting;
ATTACHMENT 2
EXHIBIT A
D. Remodeling, repair or reconstruction of structures which.have,been damaged by fire, flood, wind, earthquake or
other calamity;
E. Affordable housing'construction„remodel, repair orLreconstruction'projects;
F. Seismic retrofitprojects:as defined by Chapter 17.34 of the Petalunia'Municipal Code;
G. Construction, remodel,;tepair or reconstruction ofstructures ownedand occupied by public-serving;social service
and non-profit agencies;.,
H. Utility pump stations and reservoirs,and
I. Fire sprinkler installation projects as defined by Section 17.20:070 of the'Petaluma'Municipal'Code.
18.070--Zoning Districts inwhich PublicArtiandlorPaymentofthe.Publicin,Lieu Fee is Required
Public construction projects and non-residential private construction projects,located'in any of the following zoning districts are
subject to the requirement to provide public art and/or pay an art in-liewfee in accordance with:section 18.040 of this chapter:
A. Mixed Use(MUM, MU1B, MU1C,and MU2).
B. Commercial 1 (C1).
C. • Commercial 2(C2).,
D. Industrial(I)
E: Business Park(BP).
F. Planned Unit District (PUD) and Planned Community District (PCD), except residential PUD's and PCD's; but
including mixed use
G. T-5 and T-6-Zones; as established by the Central Pe aluma Specific Plan,Smart Code, except projects that are
entirely residential;,but including mixed use
H. Any City Zoning District for any public construction;project as defined`by t is chapter.
18.080-Voluntary Participation in Public Art Program for Residential Project 9f,50 Units or More
Applicants for any private residential construction'project of 50 units or more as permitted in any applicable zoning district, are
strongly encouraged to voluntarily participate'in the public art program by followmgitherp ocedures"set forth in this chapter.
18.090—Minimum Cost of Public Art1Rublic Jtiin Lieu Amount
Public Art provided in accordance with`this chapte%must have a public artcost of not less than one percent of the construction
cost for a private or public construction project subject to this chapter, except as provided in this section. The public art in lieu fee
that applies to private or public n(ruction'projects subjectto his chapter shall be equal,to one percent of the construction cost
e -
for the private or public construcon project If public art proposed for a private,of public construction project subject to this
chapter has a public art cost °fzless than titne�Percefnt of-tfie construction cost, and the public art otherwise meets the
requirements"of this chapter,-the.develop /or ownerof the private or public construction project must pay a public art in lieu
fee equal to the difference betweenthe ptititieart•cost and one percent of the construction cost.
18:100-Location of Public Art
Public art provided in accordance with this chapter must be displayed in a manner that will enhance the general public's
enjoyment of{the public art, and must be,located eithern(1)inareas on the site of the private or public construction project clearly
visible from the public right-of-way,:or(2) on the site of an approved open space feature of:the private or public construction
project, or (3) upon the approval of the authorized public agency or'agenbies, on adjacent public.property, or (4) in a.publicly
accessible area of the private or public construction project:
18.110-Eligible Artists
Eligible artists to provide public art in.accordance with this chapter may not'be an employee:of the architect, engineer or
landscape architect for theprivate.or public constructien`•project subject to this chapter.
18.120—Public Art.Requirements
Public art that is proposed or Provided pursuant to this.chapter must satisfy all of the following requirements:
A. The art must be designed and constructed by an artist,•B. The art must relate.in `terms of scale,, material, form and content to immediate and adjacent buildings and
architecture, landscaping or other setting so as.,to complement the site and its surroundings, and must be
consistent with any applicable action of the Planning Commission, or City Council as it may relate to any
development entitlements for the private or public construction project;
ATTACHMENT 2
EXHIBIT A
C. The art must demonstrate excellence in craftsmanship,originality ih'conteptiori'and integrity of materials;
D. 'Permanent art rnust'be a fixed:asset of the public art site;.
E. Minimal maintenance must be adequate for preserving,the long-terms integrity'and enjoyment of the art, as
evidencedby a maintenance plan:submitted with the public art proposal;
F. Art in private construction projects must be'maintained'by.the property owner in a manner acceptable to the city in
accordance with a maintenance:plan submitted with the art proposal;
G. � The art must'meet all applicable building code requirements.
H. The art must.be accompanied, by an:identifying plaque,that:features-the artist's name, artwork title and date of
completion. This plaque must'bemade:ofa durable material and be installed.permanently near the art.
18.130—Verification of Compliance with this Chapter Prior to`;Issuance ofBuilding Permit
The owner and/or developer of private or public construction subject to thequirements of this chapter must demonstrate
compliance with the requirementsof this chapter in one of the following ways{uponfling a building'permit application;
A. Payment of the full amount of the applicable public art it ieufee; and/or,
B. l Presentation of a valid and binding contract to commission or purchasandinstall the required public art on the
' subject development site,and'a written approval the proposed artyfrom the,PPAC that certifies that the proposed
public art satisfies the requirementsof Section 18.120. "q'°
18.140—Satisfaction of Public Art Requirements—Appeal
Upon a determination that the proposed public art.:does not comply with the requirements of section 18.120, above, the
determination may be appealed to theCity Council'in',the manner prescribed bysection 24100 of this ordinance.
18.150—Verification of Compliance w th this'Chapter:Prior to Issuance;of Certificate of Occupancy—Proof of Installation
The owner and/or developer of pnvet or public jtruction subject to the requirementsof this chapter must provide the city
proof of installation of the requ public art!,in accordance with this chapterrprior to the issuance of a'Certificateof Occupancy for aro
the private orlpublic constructiortie requirectprocaof installation must include a public art maintenance plan specifying how the
public art will!be,maintained in'accorrdance with the°yrequiiements:of section 18.120. Compliance with the public art maintenance
plan must beta condition of approvel`of-he private o?pub c con�frs ucbon and the public art maintenance plan must be kept on file
by the Community Development'Depa meet '"
18.160—Title to Public Art vet
Title to all public art provided pursuant to this chapt%shall pass to the successive owners of the private or public construction
subject to the requirements of.this chapter so'that the=p blic art remains for the life of the construction;subject to the requirements
of this chapter. Each successive owner of the private or public construction shall be responsible the custody, protection and
maintenance of the public art and the running of this requirement with the ownership ot the private or public construction must be
a condition Of approval of the,private or public construction.
18:170—Replacement of Public Art
The following requirements must be met beforeany public art is replaced:
A. The public art cost of.thereplacement public art shall be equalto the public art cost of the'publicart to be removed
in present dollars.
B. The replacement public art mustconform,in every respect,to all,public art requirements in effect at the time of the
replacement. Such public art`requirements that replacement public art must satisfy include, but are not limited to
that the location of the replacement public art must meet the'requirements for public art location in effect at the time
of the replacement.
C. • The replacement public art, including its'location and installation,mustcornply with:all.applicable laws,ordinances,
' rules and regulations.
ATTACHMENT 2
EXHIBIT A
D. The replacement publicart:must be,available for'public viewing not more than 180 days after the replacement
public art is removed,.unless'a longer time'is'approved by the Community Development Director.
18.180-Public Art Committee
A. A Public Arts Committee is herebyestablished. Terms of offdeforeach of the Committee members shall be four-
year,staggered terms.TheComrnittee shall be comprised of sederi members as follows:
1. Three members shall be Visual Arts Professionals and appointed the City Council from the community
at-large.
2 One member shallbeawmember:of the Recreation ,Music; and Parks=Commission, as nominated by the
members of the Recreation, Music,and Parks Commission:and a pointed by the City Council.
3: One member shall be:a member oftheuPetaluma,Arts‘Councd, asmominated by the Arts Council and
appointed by the City Council. '
4 Two members shall be appointed by the City Council from the community-at-large
B. The Committee shall perform the duties required by this chapter and any other ordinance or resolution of the City
Council pertaining to,the City's public art'program.
18.190-Public Art Fund
A. All fees collected pursuant to this chpe sr hall be'held in a special fund referred to as the public art fund,
maintained managed and reviewed by the City Manager'or his%her designee In,addition to fees collected pursuant
to this chapter, fundsiacquired(through gift grants-td ations fundraising efforts'and other contributions directed
to the public art program;shall`also be deposdedm the ibttetart'.fund for use in accordance with this section.
Permitted uses of monies held in the publicarrttfund,are l meted tort e;#ollowing:
1. The cost of installing public argon puohcwptoperty, including the cost of commissioning or otherwise
acquiring and providing and preparing sitesfor public art;
VS-
2. The cost of public art lighting;
t3, The cost of public art identifying plaques;
4. The costwofimamtaining public art that is not subject to a privately-funded maintenance plan on public
property;
The cost of supporting publicly accessible art exhibits;
6: The;cost of documenting the city's-public art program and promotion of the program through education,
publicity,and;outreacb;
7. The cost4conserving the city's public art collection;
8. The cost of planning and administering the city's public art program consistent with the annual budget
—planningprocess,,including the cost of staff supporffor the Public.Art Committee.
B. The Public Arts Committee, with assistance from staff, shall,,as`part of the'City's,annual.budget process, estimate
the operating costs of the public art program for the givenfiscal year including, but not limitedlto,'staff support and
related expenses; curatorial services; documentation; publicity; community education and any other services or
programs in accordance with this chapter. Revisions to the adopted annual budget for the Public Art Fund shall be
' subject to the review and approval of'the City Manager;who may submit such revisions for the review and the
approval of the City Council.
1
ATTACHMENT 2
EXHIBIT
18.200-City Council Review of this Chapterand the Public Alt Program
The.City Council shall review the provisions of'this chapter,;any related rules, regulations,or policies and the effectiveness of the
city's public art program periodically as'deemed appropriate, and may amend'this chapter and/or'other elements of.the*city's
public art program that in the city council's discretion may`enhance the city's public art program`:and its benefits. As part of such
review or otherwise, the city council may seek the recommendations of the Public Art Committee concerning potential
improvements to the city's public art program. The Public Art Committee may also on its own initiative make recommendations to
the City Council concerning improvements to the public art program.
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ATTACHMENT 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPDATING ENABLING LEGISLATION'OF'.THE PETALUMA PUBLIC ART
COMMITTEE,PURSUANT TO THE IMPLEMENTING ZONING ORDINANCE,
ORDINANCE NO. 2300_N.C.S.,AND REPEALING AND REPLACING
RESOLUTION:NO. 200541 N.C.S.
WHEREAS, the City,Council of the City of Petaluma; by Ordinance 2202 N.C.S,
adopted April 4, 2005, added Article 19.6 to Ordinance 1072 N.C.S., the City's Zoning
Ordinance, authorizing the creation of a public art program through a combination of
zoning requirements for certain public and private development projects and establishment
of a Public Art In-Lieu Fee equal to I% of defined construction,costs; and,
WHEREAS, Ordinance 2202 N.C.S., authorized the creation of a Public Art
Committee with the duties and responsibilities of building and maintaining a meaningful
public art program in the City of Petaluma;and;
WHEREAS, Ordinance 2202 N.C.S. has been replaced and superseded by a new
Implementing Zoning Ordinance:adopted as Ordinance no. 2300 N.C.S. on June 2, 2008;
and
WHEREAS, Ordinance no. 2300 N.C.S. has been amended pursuant to Ordinance
no to update provisions in the ordinance related to public art, including section
18.170, which establishes the Petaluma Public Art Committee;and
WHEREAS, Section 18.170, subdivision (A) of the Implementing Zoning
Ordinance, as amended, provides for four-year, staggered terms of office for the seven-
member Public Art Committee; and
WHEREAS, Section ,18:170, subdivision (B), of the Implementing Zoning
Ordinance provides that the Public Art Committee shall perform the duties required by
Chapter 18 an any other ordinance or resolution of the City Council pertaining to the
City's public art program; and
WHEREAS,to implement changes to the Petaluma.public art program pursuant to
Ordinance no and assist the Public Art Committee in carrying,out its functions, it is
desirable to^also update pursuant to Chapter.18 of the Implementing Zoning Ordinance the
enabling legislation of the Public Art Committee previously adopted as Resolution no
2005-041;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Petaluma as follows:
1. Repeal. Resolution no 2005-041.Establishing Procedures,and Guidelines for the
City of'Petalunia..Public Art Committee adopted March 21, 2005, and any other
City resolutions concerning the responsibilities of the Petaluma Public Art
�/ I
ATTACHMENT 3
Committee ("Committee") are hereby repealed on the effective date of this
resolution.
2. Continuance of Terms. 'Subject. to Chapter 18 of the Implementing. Zoning
Ordinance and this resolution,all current members of the Committee shall continue
to serve for the remainder of the term to which they have been appointed. Current
Committee members and term expirations;are as follows:
Member Term.Expiration
Anee Booker Knight 6/30/13
(Chair)
Scott Hess 6/30/16
Larry Jonas 6/30/13
Alison Marks I 6/30/13
(Petaluma.Arts Council`Representative)
Rodrigo Santamarina 6/30/16
Karen Petersen 6/3,0/16
Marjorie Helm 6/30/13
(Recreation, Music'and Parks Commission Representative)
3. Composition. The Committee is made up of 7 members. Membership on the
Committee is set by section 18.170 of Ordinance no 2300 N.C.S., the Petaluma
Implementing Zoning Ordinance, as follows:
1. Three members shall be visual arts professionals appointed by the city
council from the,cominunityat-Yarge.
2. One member shall be a member of the Recreation. Music and Parks
Commission as nominated by the members of the Recreation, Music and
Parks,Commission,and'appointed by the city council.
3. One member shall be a member of the Petaluma Arts Council, as
nominated by the Arts:Council and appointed by the city council.
4. Two members shall be appointed by the city council from the community at
large.
Members of the Committee shall be residents of the City of Petaluma or reside
within its urban growth boundary. The Committee receives staff support and
advice on the performance of its duties from the City's Community Development
Departmentand other City staff, as appropriate.
4. Mission. According to the Public Art'.Mission Statement in the Petaluma Public
Art Master Plan, :adopted by , the City's public art program is
committed to enhancing the appearance and cultural richness of the City by
incorporating worksCof art into public places and fosteringart within public view or
access in private developments The public art program encourages the use of art
to celebrate the City's rich history, its significant environmental assets and the
ATTAGHIVIEN,T'3
diversity of its community as well as to salute creativity; innovation and artistic
excellence. According to Section 18.010 of the Implementing Zoning Ordinance,
the purpose of Chapter 18 of the ordinance go`verriing public art is to require the
integration ofpublic;art.into private and public:development projects,.subject to the
chapter, and to authorize the establishniënt of guidelines, procedures and standards
for the integration of public art into such development projects. The Committee is
charged with 'performing duties. required by Chapter 18 of the Implementing
Zoning Ordinance, this resolution, and any other ordinance or resolution pertaining
to Petaluma's public art program.
5. DUTIES AND RESPONSIBILITIES;?
a. General. The Committee's duties. and.responibilities: shall generally include:
reviewing and recommending public art projects on public property to the city council;
review and approval of public art+as part of private development in accordance with the
requirements of Chapter 18 of`the Implementing,Zoning Ordinance; selecting public art
and recommending appropriate locations; selecting artists for commissioned work;.
establishing requirements for artwork design documentation; establishing art maintenance
policies and funding; making reconmiendations to the City Council on expenditures from
the Public Art Fund;:and'participating as appropriate with the City Manager in selection
of staff and consultants:necessary to carry out Committee duties.
b. Public Art on Public,Property Subject to the requirements of Chapter 18 of the
Implementing Zoning Ordinance, the Public Art, Master, Plan and this resolution, the
Committee will select and approve public artworks for installation on public property by
identifying project sites and target budgets, conducting,artist searches, and reviewing
submissions of proposed artworks. The Committee may appoint a subcommittee or
subcommittees to assist with artist and art work-selection With appropriate staff support,
the Committee will forward appropriate recommendations to the City Council concerning
public art matters subject to City Council action, including,,but not limited to acquisition
and placement of public art.
c. Public Art on Private Property. Subject to the requirements of Chapter 18 of the
Implementing Zoning Ordinance, the Public Art Master Plan and this resolution, the
Committee will select and approve public art as part private development in
accordance with requirements of Chapter 18 of the Implementing Zoning Ordinance by
consultation and dialogue with developers "that plan to provide public art as part of the
project; review and approval of public art proposals, proposed locations, proposed
lighting and identifying plaques; and artwork maintenance plans.
6. Terms. In accordance,with section 18.1.70 of the.Implementing'-Zoning Ordinance„the
Committee member terms shall be for 4 years, and be staggered. Terms of Committee
members shall typically commence on July 1 of the year appointed: The terms shall be
staggered such that the terms of no more than 3 members,shall expire in any given year.
However, subject to Section 7 of this resolution, notwithstanding expiration of a
Committee member's term, the member will continue to serve until a successor is
appointed by the City Council. No' Coniniittee member may serve more than 2
successive terms.
ATTACHMENT 3
7. Resignation/Removal.. The City Council ;inay declare the office of a Committee
member vacant: upon thetre"signation, death, disability that results in-the inability of a
Committee:member to perform his/her duties, loss of status required for the Committee
member to be eligible to serve, or unexcused absence of a Committee.member from 3
consecutive.regular meetings. The City Council may also remove any member of the
Committee with or without case, in the sole discretion of the City Council. Such
removal,shall require the vote,of at least fourmembers of the City Council.
8. Vacancies. Upon declaring a-Committee office vacant for any reason, the City Council
shall thereupon appoint a qualified person to fill the vacancy for the unexpired term.
9. Meetings. Committee meetings shall',;be held as necessary on dates and at times
convenient for the majority of the Committee members. Currently,regular Committee
meetings are held monthly on-:the 4th Thursday of the month.• Committee meetings shall
be subject to all applicable requirements of the Ralph M. Brown Act, California
Government Code section 54950 et seq. '
10. Quorum/Action. A quorum of 4 members is,required to<meet and conduct business.
Fewer than 4 members, or if no members are present, staff to the Committee; may
adjourn the meetings:of the Committee ip accordance"with all applicable requirements of
the Brown Act. All actions or recommendations of the Committee shall be made at a
meeting at which a quorum ofthe Committee is present and.shall-be-made by a majority
vote of the members present. A tie vote shall constitute no action on the motion,
proposed action, or recommendation.
ATTACHMENT 4
Chapter'18 Public
18.010— Purpose
A. The purpose of this chaptererdinance is to authorizcthe establishi entof guidelines, procedures and standards
ferrequire theintegration of public into aew-private•and public,development and, n projects and to
authorize the establishmentrof guidelines, procedures and standards for the'integration of public art into such
development protects.
B. Public art helps make our:citiesy,more livable.and more visually.stimulating.The experience of public art makes the
public areas of;buildings and their grounds more welcoming, lit creates a deeper interaction with the'places
peoplewe visit, and in which peoplewe work endive. Public art-illuminates the history of a community while it
points to the city's aspirations for future. A city rich in art encourages cultural tourism which brings in visitor
revenues.
•
C. . To achieve these goals public art planning should'be integrated into development project planning at the earliest
possible stage, and the selected'artists selected should become,a member of a developmentthe projects design
team early in the design process:.
16.020—Apphisab+NtyAuthority .
In adopting this chapter'the'city is relying omits policepower pursuant to Articleal,'section!5 and 7, or the California Constitution.
In accordance with the case of Erlich v Cityof'Culver City(1996)`12 Cal 4t^854, the:requirement to provide public art and/or pay
a public art in lieu fee in accordance with this chapter is akin'to traditional land-userequlations`imposing design conditions,and a
va id exercise of the city's traditional police^power: The requirements of this.`chapter, including the requirement concerning
providing public art in a location reasonably'adeesSibleto the public;like other design and landscaping requirements are aesthetic
coitrols within the city's authority. . . - . . • . . .. -•y—{egeired
note of the circumstances listed in this'Section apply to:the.apphcation then.the°building permit must be issued for the project
prmr to the effective datc of this ordinance: However when-5 develop- -• --••- -• •='
18.030 - Definitions
A. Artist. A practicing professional artist or group of artists skilled•'in the design and/or creative,production of
aesthetic objects: with qualifications;recognized by peers and/or evidenced'.through;a record of exhibitions, public
commissions, sale of.works and'educational attainment:.
B. Construction cost. The total construction cost value--of a dedelopmentthe project'as determined by the
Community Development Director:from building permit application(s) or the total cost of`the above-gound
elements of a park or public works project, exceptias specified in section'18:060. Construction cost'isepartnieah
cGalculatedions,,shal-using all relevant be based on construction costs as'declared on all building permit
applications;including but notlimited!to, all grading, building plumbing mechanical,site improvement, parking lot,,
lighting, and electrical permit applications'fora development.proiects,but shachet-apply/excludes to-costs solely
attributable to interiortenantimprovemehts.
C. Construction or reconstruction.Theiconstruction or the rehabilitation, renovation, remodeling or improvement of
aa-exietinga building • •:• •- = •• _ = - =• • " = cmcrits, having a
.: ':- •-e _ .: - : .!! !!' !! "—park, or other improvement subject to the
requirements of this chapter
B.D. •
Private construction project. Any privately funded non-residential construction or reconstructionsubiect to the
1
Ordinance No.2300 N.C.S. 129
requirements'of this chapter.
Publicartwerks Original wWorks of art that meet the requirements of section'18:120. including but not limited'tot
sculpture, murals; ehotography'and.'original works'of graphic art; waterfeatures,.neon, glass,..mosaics. or any
combination of media. Publicrart may include furnishings or fixtures permanently`affxed to.buildings'or building
grounds, including but not limited'to)works':fixed`to orcompnsi q'gates walls railing_sy street lights walkways or
s-eatin�c,_so lonq:as they are if-created bbyan artist'as uniauc elements The artworks can include water elements
�s and otherwise meet therequirements of'section'181i20. Public art may also include.architectural
features:of'aWilding, and artistic or`aesthetic elements of Overall building'architecture.or landscape design if
created by an artist`so long'as&uch-features orelements-otherwise meet.the fequirementsof section 18:120.
Public art for purposes of•this chapter excludes:
: :: _.; : ,. ...• •ip. They
considering the historical, gcographical and social/cult:war context of the site. The artworks shall be
2.
if cr atedby a professional artist or a do e• artist
6.
thebuilding
• 8.
10.
1. Art Oobjects that are mass-produced or hot unique'to a'particular development project;
of standard design'such`as playground equipment, benches or;fountains;
142. Decorative;or-functional elements or,architectural details;which areunless designed-solely-by
the buildirig.:architbct'as Opposed-to-an,artist ceraniis 'e•= idea -er-in
-e ee _ ':• • •-::-'e'•: . .•' -. and otherwise meeting the requirements of:section 18.120;
12.3. Landscape architecture and landscapeigardening:.except:where these elements ardunless
designed by,the artist:and - -e e.• e e e -• = otherwiseameetinq the
requirements of section 18.120;
134. Directional elements;,such as{super graphics, signage or color coding except where these
i..�t�aceunless:designed by an artist and an integral parts of the'original work of art or executed by
artists ih uniquc.drrlimited editiohspart Of°public art-that!.otherwise meets the requirements of section
18120;-
145. Logos or expressions of corporate identity that dornototherwise satisfy the definition of public
art in acberdancewitbthis section and the requirements of section 18:120.
F. Public Art Committee. The'committee established pursuant'to-section"18:180'to perform the'duties.required
pursuant;to Chia chapter and any ordinance or 'resolution of the City Council pertaining to'the city's public'art
program. `The Public:AdiCommittee is also referred to in this chapteras'the Petaluma Public Art Committee or
PPAC.
ROrdinance No. 2300 N.CS. �� 130
G. Public art-inrlieu fee.The fee required'to be paid'te.the cCity f P.etaluma,pursuant to this cChapter equal to one
percent of the construction costas defiriedhereain;thiss section iiiliell of.providinq public art for nubile'or private
construction as otherwise required pursuant to the requirements of this"chapter.
In lieu fees shall be placed in the.Public Art`Fund..The fund shall'be used for;pub6c art'on public property. The fund Shall be
used exclusively to (1):provide sites for-works of art, (2) acquire and install works of art,(3) maintain works of art, or(4)
H. Public art cost. The cost of providing public art in accordance with.the;requirements of this chapter. Such cost
may include,butis noblimited to:,the design, development; acquisition;.execution and installation of public art, and
includes the cost of'administerinq'the!city'spublic art program
Dd. Public art prejectfund Tfie cost for the development acquisition, and'installation of the public art required by this
e'•-•-- ` • - •-; .: :••'•' - : • - ••The account established
pursuant to section 18.190 contsininq 'public art in lieu fees: collected pursuant to this chapter and other
contributions to the city's'public art program`fonuse;for the limited purposes:specified in section 18:190.
€J: Public construction project:.Any publicly funded construction or reconstruction •- • - - .
Section 18.045, of the City"of Petaluma or the Petaluma,Community Development Commission with an engineer's
• et • - '•• the requirements of this chapter.
€K Visual art'professional. Any'of the:following: professional artist in any medium, art'curators art critics; art
I historians, arts educators; architects"or other design professionals with a visual arts background, ander fine arts
collectors.
1:040—Duty to Provide'Public ArtandlorPay;Art in:Lieu Fee
0
velopers and/or owners of public and private construction prolectsto whichythis chapter applies in accordance with section
1. 050 must provide public art that meetsthe requir`e'ments of section 18'120 and/or pay-the:art in lieu fee:as defined in section
1: 030 in accordance with-section 18'.090 jiid this chapter, and demonstrate compliance with the requirements of this chapter in
ac ordance with section18.140 and 18:150.
1: 050–Applicability
T -.provisions of this chapter apply to all public construction projects and'non-residential private construction protects with a
co struction cost of$500,000 or more (including private:mixed-use construction protects that include residential development as
lo q as the non-residential development in the mixed-use protect has a construction cost of $500,000 or more), that will be
co strutted in any of the zoning districts.specified;in section 18.070, except those cbnstruction'projects that are exempt from the
re' uirements:of this chapter inaccordance with:section"18:060.
16045 - Exceptiensemptions
T -'requirements of this chapter doshallnet apply tothe.followino activities:
A. Un lerrground'public-works projects
B. Street or sidewalk repair,construction,or reconstruction;
C. Tree planting,
D Remodeling repair-or reconstruction of structures.which'have been damaged_by fire flood wind eart_hquake,or
other calamity;
E Affordable housinq;construction remodel repair gfreconstruchon protects
F. Seismic retrofit Projects as defined by P• . . -- -.Chapter-1-7,34 of the Petaluma Municipal Code;
•
G. Construction, remodel re•aiior reconstrFuction of structures owned and occu•ied b .ublic-servin• social service
and non_profitagencies
H. Utilitkpumostations_and reservoirs .
I. Fire sprinkler'installation projects as defined by:- ..•.2 :•• Section 17.20.070 of the Petaluma
Municipal Code_
l _
Ordinance No. 2300 N.C.S. 131
16i070 Public A•t Reg Frif ed--in Cb taih ZonesZoninq'Districts'iti4hich Public Art•andlorPayment
of the Public in Lieu Fee is Required,
Public artworks, as defined-in Section 18'030, shall be'required as part of any:private or public conctruction or reconstruction
project, as defined by Section 18.030 located in the following zoning districtsPublic construction projects and non-residential
private construction projects located in any'of'the following zoning districts are subject to the requirement to,provide public art
and/or pay:an art in-lieu feeiniaccordancewith section 18.040 of this chapter:
A. Mixed:Use(MU1A,MU1B MU1C; and MU2).
B. Commercial.1(C1).
C. Commercial 2,(C2).
D. Industrial(I).
E. Business Park(BP).
F. Planned Unit District (PUD) and Planned Community District (PCD), except residential PUD's'and PCD's; but
including mixed use.
G. T-5 and T-6 Zones, asaestablished by the,Central Petaluma Specific Plan'-Smart Code, except projects that are
entirely residential,"butincluding;rtixed'use.
H. • Any City Zoning District fer,an'y public constructio project as`defined:by this,cChapter.
:e €-ceeptions
J. _- —.°•—
K.
L. Wig;
M ' _ - 's z — :-
0 -
1 .0850 - Voluntary Participatiom-in PubliMArt Prograrnfor Residential Projects of 50 Units or
More
A y Applicants for any private residential ealy-construction project of 50 units or more as permitted in any applicable zoning
dt trict,gray-shoeseare strongly encouraged to voluntarily participate in the public art program-Residen - `_ •••
.rs. .:. .. .. . . . "
••. bay following the procedures set forth in this chapter.
1 :0960—_ Minimum Cost of Public Art/Public Art in Lieu Amount
P bliicArt provided in accordance with this chapter must have a'publicart•The public art project shall cost an amounto_f not less
th n one percent of the:construction cost for a private or public construction subject to this chapter;except as provided in
thi section:. The public art fee:that applies to private or public construction pfojectS.sublectto:hi chaptershall be equal to
on percent of the construction cost forithe private or public construction project. If public.artl proposed fora private or public
co struction project•subjecttothis chapterThas a public art cost of less thamone percentrof;ttieiconstruction cost, and'the public
ar otherwise'meets the requirements of:this chapter,the developer andlor dwner of the pnvate.or public construction project must
p a public art in lieu fee;equal'to the difference between the public art cost and one percent,of the construction cost., including
18.10040 -Location of Public Art
Public art provided in accordance with this chapter must be displayed in a manner that will enhance the general public's
en oyment of the public art, and must The public art may be located either (1) in areas on the site of the private or public
construction projectbuilding-or-additien dearly visible from the public street or sidcwalknalit-of-way; or (2) on the site of an the
Ordinance No. 2300 N.CS: - 132
,
a roved open space feature of the.prejestprivate or public.construction proledt,p61(3) upon the approval of an'-e;evantthe
au horized public agency or agencies on adjacent public;property; or (4) in a publicly accessible?area.of the private or public
co structiondevelepment project:
1 .110080;'-Creator-of Public-ArtEligible Artists
EI ible artists to provide public:art in accordance with this chapter may not be an employee The crcator of public art shall be a
pr ctitioner in the visual arts who is not a member of'the project-architect,engineering orlandscape architect for the private or
pu 'lic construction project subject this chapter-firm. '.e'- • •- :- : - -: ••- -•
th general public.
1:.120090-GempliancdPublic Art Requirements
_:••: -•-- ' • •- : : :• _•.-: - :- •:• gated by the owner or developer at the time of filing a building
:: ••• .:: . • :•- e •• : : '•e Public art thatis proposed or provided pursuant to this chapter must satisfy all of
th following reguirements.
A. -. ••-• . •- . _••:.• : •- :.:'. . .• .-. --; : ;The art must be designed and constructed by an artist;
B. The art must relate! in terms of_scale, material,form and content to immediate,and adjacent buildings and
architecture, landscaping or other setting so as to complement the site and its surroundings, and must be
consistent with any applicable action of the Planning Commission, or City Council as it may relate to any
• development entitlements for theprivate or public project,
C. Theart must demonstrateexcellence!incraftsmanship, originality in,conceptien'and integrity of materials;
D. Permanent art must be efxed asset of the public art site;
E. Minimal maintenance must.be adequate'for preserving the long-terms integrity and enjoyment of the art, as
edidenced by.a maintenance plan-submitted with the public art proposal;
F. Art in private construction.projects must be maintained by the property owner:in a manner acceptable to the city in
accordance with a maintenance plan.subrnitted with the art proposal;
G. The art.mustmeetall applicable building code requirements.
H. The art must be accompanied'by an identifying plaque that features the artists name, artwork title and date,of
completion. This plaque must be made of a durable materiarand be'installed permanently hear the art.
l 18.130-Satisfaction of Public Art Requirements-Appeal
Ur on a determination that the proposed public art does not comply with the requirements of section 18.120, above, the
determination may be appealed to the City Council in the,manner prescribed'by section 24:070 of this ordinance.
. 18 140-Verification.of Cornplianoe With;this Chapter'Pilor to`lssuance,of Building Perrnit:
The owner and/or developer'of private or public construction subject todhe requirements of this chapter must demonstrate
compliance with the requirementsof this chebterin one of the following ways upon filing abuildinq permit application;
A. Pa ment of the fulYamount ofthe a•.licable .ublic.art in-lieu'fee and/or.
B. Presentation Of a.valid and binding contract:to commission or purchase and install the required public art on the
subjct devel'o`pment site,and:a written.approval of the proposed'art from the PFACthat certifies that the proposed
publicirt satisfies-the requirements of section 18.120.
A _
. r - - -. ..tien-as to the projects compliance
I
Ordinance No. 2360 N.C.S. Li 133
, 1
1
1 15000 Proof of Insta�.�latic°.c^Verification of Compliance with this Chapter Prioito Issuance of
C rtificate of•Occupancy rProofoflnstallation
T owner and/or developer of private or public construction sublectto the requirements of this chapter mustshalkprovide the
tywith proof of installation of the required public artwork on the development'stein accordance with this chapter prior to the
is uance of a Certificate of Occupancy fortheprivate or publiciconstruction. The required proof of'installation must include.a.
pu lic art maintenance plan specifying how'the public!art will'be maintained in accordance with the requirements of section
1 120. Compliance with the publican tmaintenance plan must be a condition approval ofthe:private or public construction and
th public art-maintenance plan must be kept on file.bythe Community DevelopmentDepartment.
1 16040-Title to Public Artwork
Ti e to all public artworks provided required by:and installed pursuant to this cChapter shall pass to,the successive owners of the
pr ate or public construction subject to'•the requirements of this chapter so that the public "art remains for the life of the
co struction.isubject to the requirements of this'chapterdevelepment. Each,successive owner of the private or public construction
• sh II be responsible for the custody protection and maintenance of sash-the.public works of art, and the running of this
re uirement with the ownership'orthetprivate.or public construction must be;a,condition of approval of the private or public
co struction.-
18.1720- Replacement'of.Public.Art
.. e• " • -1 . - ,-•.: , Tthe following
requirements mustshall be met before any publicthe artwork is replaced:
A. The public art cost of the replacement public art shall be equal to, or greaterthan, the public art costof the public
art to be removed.
replacement
C-B.The replacement public art rnushaU conform in every respect, torallfctandards public art requirements in effect at
the time of the replacement. Such public art requirements that-replacement public art must satisfy include, but are
not limited to. that'the,location otthe replacement_public art must meeuthe requirements for public art location in
effect at the time of the replacement.
07aThereplacement . ; e--'=• -• - . 'e• •• _ - •- a -•--public art, including its location and
installation must complywith all applicable laws,ordinances,rules and regulations.
ED.The replacement publicsart shal-must-be available for public:viewinn not more°than 180 days after the existing
replacement public Si is r moved, unless the-a longer time e period-is extended-approved by the Community
Development Director.
1.1830 -Public Art Committee
A. A Public Arts Committee:is hereby established by the City Council. Terms of office for each of the Committee
l members:shall be four-year, staggered.'terms.-Said The Committee shall be comprised of seven members as
follows:
1. Three members shall be "Visual Arts,Professionals a-s-clefrneckftereinand' appointed by the City
Council fromt a community at-large.
2: One:member•shall be:a member of the Recreation, Music, and Parks Commission, as designated
nominated by the members of the Recreation, Music, and Parks Commission and appointed by the City
Council.
3. One membershall be a member of thejPetaluma Arts Council, as nominated by the Arts.Council and
appointed by the City,Councif.
Ordinance No.2300 N.C.S. j i —(/p 134
I
I
4. Two members"shall'be appointed by Council from the community-at-large..
B. The Committee=shall perform the duties required of this ordinanceby this chapter and any other ordinance or
resolution of the City Council,pertaining to the City-e€-Petaluma s public art'program.
1:1940 - Public Art Fund
A All fees collected andec-pursuant to this'ordunansechapter shall be:held in a special fund:designated "Public Art
€undreferred to.as the public art'fund =maintained, managed and reviewed by the City ManagecManager or
his/her designee. In addition to fees collected pursuant to this chapter, funds acquired through gifts, grants,
donations, fundraising efforts`and other contnbutions'directed`tb the publicart program shall also be deposited in
the publicart fund.for'use in'accordance with this-Section. Permitted uses of Monies held in the"public"art fund are
limited to the following:
1. The cost of installing public art:onf public property, including the.cost'of commissioning or otherwise
acquiring"and'providingand-preparing sites for publicart;
2. The cost of public.artlighting;
3. The cost of public art identifying;plaques;
4. The cost of maintaining public art that is not subject to a privately-funded maintenance plan on public
property;
5. The cost of supporting publiclyaccessible art exnibits;
6. The cost of documenting,the city's public art program and promotion of the program through education,
publicity and outreach;
7. The cost of conserving the city's publicart collection; ,
8. The cost of planning and administering the city's publicart program consistent with the annual budget
planning'process;'includingthe cost of staff support for the Public Art Committee.
B. The Public Ms Committee:with assistance from staff, shall,as part of the City's-annual budget process, estimate
the ad °' peratinq costs of the public art program for the given fscal year 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 ordnancechaptec Revisions to the adopted annual
budget for the Public Art Fund shall be'subject to the review and approval of the City Manager,who may determine
that said submit such revisions also-reouirefor the review-theand the approval of the City Council.
1 :200450-City Council Review of this,Chapter and the Public Art,Program
T City Council shall review the ,provisions;of this erdinanee-chapter; any related rules„ regulations or policies and the
e ctiveness of the city s pPublic?aArt program,fetlewing-a-pened-ef-t+meperiodically as-deemed'appropriat-e, and may amend
thi chapter and/or other elements of the citys public artprogram 4that-in the city councils discretion may enhancethe city's public
a program and its benefits. part of such review or otherwise;the city council may seek the recommendations of the Public Art
C mmittee concerning'potential improvements to'the city's public art program The Public Art Committee may also on its own
ini iative make recommendationstoithe;CityCouncilconcerning improvements to.the;public art program. by the City Council, but
n to excecd`five years after the'cffcctivc date of this ordinance.
Ordinance No.2300 N.C.S. 135
I
THIS PAGE INTENTIONALLY LEFT BLANK
Ordinance No.2300 N.CS. 136
ATTACHMENT 5
RESOLUTION 2013-005
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT
THEEPETALUM'A PUBLIC ART MASTER PLAN'
WHEREAS,the Petaluma°General Plan recognizes the important economic, educational
and social role that ad plays in the;life:of'Petaldma, including contribution to the community's
identity;and livability; and,
WHEREAS,policy 6-P-27 of-the PetalumalGeneral.Plan calls for utilizing'the Public Ad
Committee to implement the City,''s public ad program and''increase'ad"throughout Petaluma
by developing an Arts and'Culture Master Plank and
WHEREAS, policy 6=P-29 Of PetalumaiGenerar l Plan calls for integration of the ads into
the planning process and encouragement of art as anintegral part of development proposals
and capital improvement projects;.dnd;
WHEREAS, the Public,Ad Committee has created a Public Ad Master Plan with.detailed
recommendations for enhancing Petaluma's public ad program and providing a framework for
the public ad fund,and such Public Ad Master Plan is attached to;and,made a pad of this
resolution as Exhibit 1; and,
WHEREAS, this project'has been reviewed incompliance v✓ith CEQA guidelines and has
been determined to,be categorically exempt pursuant to Section 15305 (minor alterations in
land use limitations) in that the project involves;minor modifications to the Implementing Zoning
Ordinance that do not result insignificant changes in allowable land use or density.
WHEREAS, a public notice:of the;April 23, 2013 public,hearing;before the Planning
Commission was published in the Argus-Courier on April 11, 2013; and,
WHEREAS; on April 23, 2013, the.Planning Commission held'a duly-noticed public hearing,
in accordance with the City of Petaluma Implementing Zoning'Ordinance, Section 24.010;
NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby finds that the
proposed Public Art'Master Plan, Exhibit 1 of this resolution, is in general conformity:with the
Petaluna General Plan 2025, in that these documents implement policy 6-P-29 by integrating
public ad into the planning entitlement process; and,
BE IT FURTHER RESOLVED by the Planning'Commission that the Public Ad Master Plan is
hereby referred to the,Petaluma City Council for consideration with a modification to change
the term "Petaluma River Trail"'to "Petaluma Water Ways" as an example of a Pedestrian and
Recreational Pathway. �- l
i
PC Resolution No.2013-005 Page 1
ATTACHMENT 5
ADOPTED this 23rd,day ikAprit„2013, by thefollowing vote:'
Co m tteeisMember2 ¢ , ,`, � A No vAbienv o Abstain=
Abercrombie
X
Elias
X
Johnson
X
Miller
.X
Council member'Miller
X
Chair Pierre
X
Vice Chair Wolpert
X
Jennifer Pierre, Chair
ATTEST: APPROVED.AS TO,FORM:
Heather Hines, Cornrriittee Secretary Eric Danly, City Attorney
•
•
PC Resolution No.X2013-005' Page 2
ATTACHMENT 6
RESOLUTION 2013-006
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF
CHAPTER 180F THE CITY OF PETALUMA IMPCEAAENTING,QRDINANCE
WHEREAS, the Petaluma.General Plan recognizes the/important economic, educational
and social role that art plays in the,life•of Petaluma, including contribution to the community's
identify and livability;and,
WHEREAS, policy.6-P 27 of The PetalumaiGeneral Plan calls for utilizing the Public Art
Committee to implement the City's public art program and increase art throughout Petaluma
by developing an Arts and Culture Master Plan; and
WHEREAS, policy 6-P-29 of:the PetalumaGeneral Plan calls for integration of the arts into
the planning process and encouragement of art as an integral part of development proposals
and capital improvement projects;-and,
WHEREAS, the Public,Art Committee has created a Public Art Master Plan with detailed
recommendations for enhancing Petaluma's public art program; and,
WHEREAS, the Public Art Committee and staff have proposed a series of text
amendments to Chapter 18 of thelmplementing Zoning Ordinance aimed at improving and
streamlining public art requirements into the planning entitlement process;and such proposed
amendments are attached toeand made a part of this°resolution as Exhibit A; and
WHEREAS, Section 25.010 ofThe City of Petaluma Implementing Zoning Ordinance
provides in pertinent part that no amendment shall be made,'to the Implementing Zoning
Ordinance unless the Planning Commission and City Council,find the amendment to be in
conformity with the General'Planand,
WHEREAS, this>project:has+been revie,ved incompliance with CEQA guidelines and has
been determined to be categorically exempt pursuant to Section 15305 (minor alterations in
land use limitations) in that the project involves+minor modifications to the Implementing Zoning
Ordinance that do not result in significant changes in allowable land use or density.
WHEREAS, a-public notice of the;April.23, 2013 public hearing before the Planning
Commission was published in the Argus-Courier on April 11, 2013; and,
WHEREAS, on April 23, 2013,the Planning Commission held a duly-noticed public hearing
in accordance with the City of Petaluma Implementing Zoning Ordinance,=Section 24.010;
lV
PC Resolution No.2013-006 Page 1
ATTACHMENT 6
NOW THEREFORE BE IT RESOLVED that the Planning Commission hereby finds that the
proposed amendments to the City's Implementing Zoning'Ordinance, Chapter 18, Exhibits 1 of
this resolution, are in general conformity with the Petaluma General Plan 2025, in that these
documents implement policy 6-P-29 by integrating public art into the planning entitlement
process;and,
BE IT FURTHER RESOLVED by the Planning:Commission that the proposed amendments°to
Chapter 18 of the Implementing Zoning Ordinance are hereby referred to the Petaluma City
Council'for consideration in accordance with Section 25:010 ofthe Implementing Zoning
Ordinance with the following recommendations:
• Change,18.030.H to cldrifythat public art cost shaltn ot include ongoing
maintenance;:dhd
• Modify 18.170.A to indicate that replacement cost should be based on original value
of the artwork'in'present dollars; and,
• Encourage the City Council to reconsider the current policy on voluntary
participation in the public art program for residential projects and instead require
residential projects ofa'certain size to participate in the existing program.
ADOPTED this.23rd day of April, 2013, by;the following vote::
Co m tte Me ber ms ¢ 'as*Aye $No Absent ' Abstain
Abercrombie
X
Elias
X
Johnson
X
Miller
X
CouncilmemberMiller
X
Chair'Pierre
X
Vice Chair Wolperf
X
(I) , 2
PC Resolution No.2013-006 Page 2
ATTACHMENT`7
RESOLUTION 201:3-007 ,
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING'THE:CITY'COUNCIL APPROVE MODIFICATIONS
TO'THE PUBLIC ART COMMITTEES ENABLING LEGISLATION
AND PROCEDURAL.GUIDELINES
WHEREAS, the Petaluma GeneraUPlan recognizes the important.economic, educational
and social role that art plays',in:tl e life,of Petaluma, including contribution to the community's
identify and livability;and,
WHEREAS, policy 6-P-27 of th-e Petaluma General Plan calls for utilizing the Public Art
Committee to implement the City s,public art program and increase art throughout Petaluma
by developing an Arts and Culture Master Plan;and
WHEREAS, policy 6 P`29 of.the Petaluma,General Plan calls for integration of the arts into
the planning process and encouragement of art as an integral.part of development proposals
and capital improvement projects; and,
WHEREAS, the Public_Art Committee has created a Public Art^Master Plan with detailed
recommendations'for enhancing Petaluma's public art program; and,
WHEREAS, proposed modifications to the Public Art,Committee's enabling legislation and
procedural guidelines arerecommended to update and clarify theiinternal process for
reviewing public art projects, the duties and responsibilities.of the Public Art Committee, and
address administration of the public art fund and it approved would supersede Resolution No
2005-041 as adopted by the City Council on March 21, 2005, and such proposed modifications
are attached to and made a part of this resolution as Exhibit l; and,
WHEREAS,this project has reviewed in compliance with CEQA guidelines and has
been determined to:be categorically exempt pursuant to Section 15305 (minor alterations in
land use limitations) in that the project involves minor modifications`to the Implementing Zoning
Ordinance that do not result in significant changes in allowable land'use or density.
WHEREAS,a public notice of the;April 23, 2013'public hearing before the Planning
Commission was published in the Argus-Courier on April 11.,.2013; and,
WHEREAS, on April 23,2013; the Planning Commission held a duly noticed public hearing
in accordance with the City.of Petaluma Implementing Zoning Ordinance, Section 24.010;
NOW THEREFORE BE IT RESOLVED that the Planning Commission hereby finds that the
proposed amendments to the Public Art Committee's enabling legislation,:Exhibits 1 of this
resolution, are in general conformity with the Petaluma General Plan 2025, in that these
PC Resolution No:--2013-007 Page 1
-I - I
1
ATTACHMENT 7
documents implement policy 6-P'29`byintegrating public art:into the planning entitlement
process; and,
BE IT FURTHER RESOLVED by the Planning Commission that the proposed modifications to
the Public Art Committees enabling legislatiorhand procedural guidelines are hereby referred to
the Petaluma City Council for consideration.
ADOPTED this 23rd dayof.April, 2013, bythe following vote:
Committee3Member/S -7s2 r ,rAye t E i"No _k $Absents(4640jiig,
Abercrombie:.
X
Elias
IX
i
Johnson
X
Miller
• X
Council member Miller
X
Chair Pierre
X
Vice Chair Wolped
' X
Jennifer Pierre, Chair
ATTEST: APPROVED AS TO FORM:
Heather Hines, Committee Secretary Eric Danly; City Attorney
PC Resolution No.2013-007 Page 2
ATTACHMENT 8
Resolution NO.2005-041 N.C.S.
of the City'of Petaluma, California.
ESTABLISHING;PROCEDU_RES AND'GUIDELINES
FORTHE CITY OF'PETALUMA PUBLIC ARTS COMMITTEE
WHEREAS, the City Council of the City of Petaluma , by-Ordinance 2202 N.C.S.,
- - has authorized the creation of public art program through a combination of zoning
requirements for certain public and private development projects and.a Public Art In-Lieu
Fee equal to 1% of defined construction costs; and,
WHEREAS,Ordinance authorizes the creation of a Public Arts Committee with •
the duties and responsibilities of building and maintaining a meaningful public arts
program in the Cityof Petaluma; and,.
WHEREAS, the Public Arts Committee shall
perform its duties and
responsibilities in accordance.with theiprocedures and guidelines established herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma does hereby establish the following procedures and'guidelines for the Public Art
Program of the City of Petaluma and Public Arts Committee.
PUBLIC ARTS COMMITTEE DUTIES AND.RESPONSIBILITIES.
A) Review and approve public art applications and related materials for any public art
project on public property or as:part of d public construction project as defined in Chapter
19.6 of the-ZoningGtdinance, pursuant to the following requirements and procedures:
1) A completed, public art.application form and related materials and information
shall be submitted to the Community Development Department. The public art
component of the public construction project'shall be reviewed and approved by
the Public pArts Committee prior to or in conjunction with any other required City
entitlement or permit; or, when an entitlement or permit may not required, prior to
City Council.approval of a request to go to bid.
2) Submittal requirements shall include the following: site plans (including
landscaping, and lighting details and any other appropriate accessories to
complement and protect the project); ;structural calculations; a model of the
project in its anticipated context; drawings and photos; material samples and
finishes; a detailed cost estimate; anticipated maintenance requirements and
associated costs; the artist's resume(including°training and education, record of
group and solo\exhibitions; public-and private collections, critiques and articles);
slides and/or photosoof the,artist's past work which demonstrates similarities to
the proposal and the price for which these works were sold or commissioned
(verification of past selling prices shall also be provided); location of any
identifying plaques (plaques shall list only the date, title and artist and shall not be
Resolution No.. 2005-041 _ N.C.S.
COPY - Original Stored rat The City of Petaluma
V
mounted directly on the project). The nurriber of copies of each required item
shall be determined by the Public Arts Committee andaclearly'indicated on the
public art`application form. Developers are encouraged to provide a wide range of
styles, materials and types whenmelecting,an'art project for the program.
B) Provide general oversight of the public art program, its projects, and sites
including, but;not.liniited'to:
1) Selecting artwork and appropriate locations for the public art program.
Locations can include surface treatments of buildings, retaining walls and
bridges, or may be interior spaces provided'they'are accessible to the public
for a minimum of eight hours per business day.
2) Selecting'artists for'.commissioned artwork
3) Establishing requirements of design documentation for review of artwork,
and requirements for project records.
4) Establishing maintenance policies and funding.
5) Developing and making recommendations to the City Council on
expenditures front the;Public Art Fund.
6) Participating to the extent determined appropriate,by the. City Manager in
the selection of Support staff and consultants necessary to carry out the
duties and responsibilities of thejcommission.
7) Preparing-and implementing a comprehensive'plan"for'the/public arts.
PUBLIC ART FUND ADMINISTRATION
A) The Public Art Fund shall be used to further the intent,and purpose of these guidelines
and procedures, the Public Art chapter of the Zoning Ordinance, and in the
administration of the public art program.
B) Permitted:expenditures,'of the Public Art Fund shall include, but are not limited.to:
1.) The costof art work and its installation;
2) Water works, landscaping, lighting, plaques and other objects which are an
integral part of the art work; ,
3) Frames, mats,pedestals and other objects necessary for the(presentation of the art
work;
4) Walls, pools, landscaping and other architectural or landscape architectural
elements necessary for the proper aesthetic.and structural placement of the art
i
COPY - {] il�J3lili:�9 Stored at The C? �Re olution fia0T5^04,1 N.C.S'., Page 2
work;
5) Maintenance and repair of art works funded through the Public Art Fund;
6) Administration of the City's public art program, including staff support and
related expenses, curatorial services, documentation, publicity and community
education.
7) Hiring ccinsultantS as may be needed•to advise and/or assist the Public Arts
Committee in such areas as professional appraisal of art work; packing and
shipping art work; conservation and Maintenance; collection documentation;
installation design; presentation'assistance; contract'negotiation; artist selection;
program monitoring; on-site monitoring of art wor(installation.
C) Nothing shall preclude gifts, grants, bequests, donations or other cash received by the
City Council for art purposes from beirig placed in the Public Art Fund and used for the
purposes expressed herein or for any other purpose as may be deterrnined by the donor.
, .
Undelthe'power and authority conferred upon this Council by the Charter of said City.
REFERENCE. I hereby certify the foregoing Resolution was introduced and adopted by the Approved.as to
CounA of the City of Petaluma at a (Regular)!(Adjourned) (SpecthlY meeting firm
,'20 05 by the
on.the lsi day!Of March
following vote:
City Attorney
AYES: Mayor Glass, Healy,Nau,Torliatt
NOES: Canevaro,Vice Mayorlian-is,0!Brien .
ABSENT: ■ None , Doxkl ill IT/
' ATTEST: - - ' 0,71,1962/A--; i
1
City Clerk
i Mayor
Council "Zdos-o4i r
COPY - Original Stored at The Cityof 13athlu k
rcia ' " •cs e /9)
1
ATTACHMENT 9
CITY OF PETALUMA
STAFF REPORT
Community;DevelopmentDepartmnent,Planning Division, 11 English Street,.Petaluma, CA 94952
(707) 778-4301. Fax-(707).778 4498 E-mail:pet alumaplanning@ci:petaluma.ca.us
DATE: April,23,,2013 AGENDA ITEM NO. 6
TO: Planning Commission
PREPARED BY: Heather Hines, Planning Manager
SUBJECT: Petaluma Public Art Program: Adoption of Public Art Master Plan, Text
Amendments to Chapter 18 of the Implementing Zoning Ordinance, and
Modifications°to the Public Art Coil mittee's Enabling Legislation and
Procedure Guidelines
•
y;' _ °EGO 0 NDA7°ION a x 4:
Staff recommends that the Planning Commission adopt a resolution recommending to the City
Council adoption of the Public Art Master Plan, amendment of Chapter 18 of the Implementing
Zoning Ordinance, and approval of modifications to the Public Art Committee's enabling legislation
and procedural guidelines.
-BrWraiD
m
The preparation of the Draft Public Art.Master Plan was undertaken by;the, Petaluma Public Art
Committee (PPAC) under the assistance of consultant Chandra Cerrito and Art Advisors LLC.
Development of the Master Plan and proposed text amendments to Chapter 18 of the Implementing
Zoning Ordinance was a five year process. Public involvement was embedded throughout the
process, including more than 150 participants in an online survey, a community meeting, and more
than 39 :"key person" interviews. The review and refinement of the draft documents were
agendized and discussed at multiple PPAC meetings all of which provided the opportunity for
members of the public to participate in the process.
In March of 2013 the draft master plan and text amendments were reviewed by the Recreation,
Music, and Parks Commission:at their monthly meeting. Comments were received on the Draft
Public Art Master Plan and have been incorporated into the version before the Commission for
review. No comments were provided on the proposed code amendments.
Page 1
■
` hence 1 DESCR P ICON
Public Art Master Plan
The Public Art Master Plan outlines recommendations for enhancing Petaluma's public art program.
The plan includes recommendations for improving processing and better integrating the public art
program into the development process as well as identifying different types of public art projects on
public property within the city. Also included in the plan are goals for facilitating community
support and continuing to develop a public art program that advances the community's goals and
vision.
The PPAC spent considerable time engaging the.public through-surveys and stakeholder interviews
to begin to frame the discussion. Additionally;the committee reviewed similar type documents
from different jurisdictions known to have an active public art component. Since completion of the
initial draft, the master plan has been reviewed by staff and the Recreation, Music, and Parks
Commission. The Master Plan, (Exhibit 1) is ;before the Planning Commission for review and
recommendation to the City Council.
Chapter 18 Text Amendments
The PPAC and staff have drafted a series of amendments to Chapter 18 (Public Art) of the
Implementing Zoning Ordinance. This chapter;outlines'the requirements for public art as part of
private and public development. These amendments,do`,not change the requirements for public art
as adopted by the City Council, but rather clarify and build greater consistency with the public art
program.
Proposed modifications focus on clarifying applicability and requirements for public art as part of
private and public development projects. Additionally, changes include expanding pertinent
definitions and more clearly outlining the specific public art requirements. The code amendments
were reviewed by the Recreation, Music, and Parks Commission. The revised chapter is attached
(Attachment B in redline, Exhibit 2- in final version) for the. Commission's review and
recommendation.
Enabling Legislation and Procedure Guidelines
The third component, to this roject` is ,modifications to the Public Art Committee's Enabling
P J
Legislation and creation of'.Procedure Guidelines. The draft resolution (Exhibit 3) would replace
Resolution No 2005-041 (Attachment C) which was adopted by the City Council in 2005. The
proposed modifications primarily outline process improvements°to better integrate public art in the
development review,process. The PPAC, or their designee, will have final discretion on public art
in private development to determine that the proposed artist and artwork meets the requirements as
outlined in IZO Chapter 18.
. n #ANALYSIS _ v?
t ry e _.. �t ucY
Chapter-6 of the Petaluma General Plan 2025 discussed recreation, music, parks, and the arts. The
General Plan acknowledges that art plays an important "economic, educational and social role in
the life of Petaluma:' Additionally, public art contributes to Petaluma's sense of identity and
livability. The General Plan:sets long term goals to farther-facilitate public art in the city. The
l G1 - ?
Page 2
Public Arts Program items, the Commission, including the Master,Plan, text amendments,
and-modifications to enabling legislation:are consistent with thefollowing General Plan policies.
6-P-26 Encourage, develop and support arts programs throughout the community that
provide for the continued success of musical, theatrical, artistic,;and cultural
traditions and events in Petaluma.,
6-P-27 Utilize the Public Art Committee to implement the City's public art program and
increase art throughout Petaluma.
Develop and maintain a dynamic and concise Arts and Culture Master Plan.
6-P-29 Integrate the:arts rinto the planning process in"thecityand encourage the arts as an
• integral part of development proposals and capital improvement projects.
6-P-30 Place public art in areas that are interactive and accessible,to the public and at the
city's gateway.
The proposed text amendments to Chapter 18 Of the Implementing Zoning Ordinance do not alter
the public art requirements forcertain development,both'private and:public,'to either pay an in-lieu
fee or integrate public art into the project. What the proposed amendments do is clarify the
applicability of the city's adopted public,art requirement and the criteria by which this requirement
is measured.
IZO Chapter 25 requires that allzoning-code amendments be'heard by the Planning Commission at
a noticed public hearing. In order to recommend approval of the amendments to the City Council
for ultimate adoption, the Planning Commission'must find that'the,amendments are consistent with
the General Plan and the public,,necessity, convenience, and general welfare. These amendments
are consistent with the PPAC's goal to integrate the public art program into the city ordinances as
included in the draftPublie Art Master Plan.
Proposed modifications to the.Public Art.Committee's enabling legislation and procedure guidelines
more clearly outline the process for reviewing public art both as part of a private development
proposal and as part of a city project or on city'property. Proposed modifications also include the
duties and responsibilities of the PPAC and discuss,administration of the public art fund. Clearly
outlining the PPAC's role and general process guidelines is consistent with the PPAC's goal to
work closely with staff, the Planning Commission, and the City Council to promote efforts to
improve.the City's aesthetics and to integrate the public art program into the city's planning and
development-procedures.
.r PARTIGIPATTON' _ . ,:ziest,litul
Review and discussion during the development of the Public Art Master Plan and proposed code
amendments have involved many.members of the'publiclsince its inception. Further discussion and
refinement has occurred at publicly noticed meetings of the PPAC. The draft Public Art.Master
Plan and draft zoning code amendments were rev,iewed by the Recreation, Music, and Parks
Commission at their regular March meeting.
Page 3
The Planning Commission hearing for consideration:and recommendation to the Council on the
Master Plan, Text Amendments;;and modifications to"the•PP'AC enabling legislation and procedural
guidelines was noticed in an eighth page,ad_in the°Argus Courier at least'ten days prior to the
hearing. Because these modifications are citywide a property specific individual mailing was not
required.
Similar noticing will be undertaken_for the City Council hearing.
REGOMME - 1
Staff recommends that the Planning Commission adopt a resolution recommending to the City
Council adoption of the.Public Art Master Plan, amendments to Chapter 18 of the Implementing
Zoning Ordinance,and approval ofindlifications to the Public Art.Committee's:enabling legislation
and procedural guidelines.
Attachments:
Attachment A Draft Resolution.
Exhibit 1 Draft Public Art Master Plan
Exhibit 2 Draft Chapter 18 of the Implementing‘Zoning Ordinance(clean version)
Exhibit 3 Draft Modifications to Public Art Committee Enabling Legislation
Attachment B Redline IZO Chapter 18
Attachment C City Council Resolution 2005-041,
Page 4;11
ATTACHMENT 10
PETALUMA
- WATER WAYS
April 23, 2013
RE: Petaluma Public Art Master Plan
TO: Planning Commission
c/o Heather Hines, City of'Retaluma
Dear Commission and Staff; I
Before approving the Public Art Master Plan (di.aft April 2013) please make the following
correction on page 21: Replace"Petaluma River Trail"'with "Petaluma Water Ways."
In addition, please consider the following suggestion: Designate Petaluma'Water Ways as a
special Arts District.
The manifestation of the city's 1996 River Access and Enhancement Plan, Petaluma Water Ways
is a trail and river-access network.encompassirig a number of public parks, paths, and gateways
mentioned in the Public Art Plan. It currently incorporates,the waterfront on both sides of the
river between North Water Street and Park, as mapped at
http://www.cityofpetaluma.net/parksnrec/pdf/PetalumaRiver091010.pdf: Interpretive areas
and gateway projects that are part of Petaluma Water Ways are listed in the "Interwoven
Connections" portfolio at:http://www.dityofpetaluma.net/parksnrec/pdf/waterways-
WayfindingPortfolio.pdf.
Artwork that incorporates functional and interpretive features can add[greatly to the human
experience of civic spaces, as noted in the Plan. It is widely known that arts and culture in
waterfront public and private areas have helped to transform many of America's finest cities by
attracting tourism and retainingthe innovative businesses that employ"creative class" workers
essential to economic development'and prosperity.
Where the Plan's,wording<applies to Petaluma^Water'Ways;.it.is not strong enough. We would
hope that any artwork on the waterfront relate to the waterfront'and its'•history, resource and
environmental significance, and recreational aspects. Without a policy, this is not guaranteed.
Description of the new Arts District could be inserted in'the Plan under "PUBLIC ART SITE
CATEGORIES."
•
PETAtUMAWATERWAYS ORG
•
PETALUMA
WATER
Urban Design Context:The purpose of the.Petaluma Water Ways Arts District is to recognize,
preserve, and promote the unique river-oriented characteristics of our town, its history and
heritage, natural resources, and recreational opportunities.
Examples: Sites include but are not limited to those mentioned in thePlan: Shollenberger Park,
Steamer Landing Park (page 18of the Plan); Plaza near WaterStreet Bridge (Balshaw Bridge or
Copeland Crossing?), Plaza at,endof Western Street (page1.9); Petaluma Water Ways, Water
Street Promenade (page 21); and Washington Street @ the Petaluma'River overcrossing (pages
22 and 23). All of these sites,are described Petaluma Water Ways' projecticatalogue at the
website,petalumawaterways.org:,
Guiding Principles: Public Art places within the'Petalurna Water Ways area should accomplish
the following:
• Marry history, environment,culture, and recreation with the arts
• Prioritize interactive installations that encourage active participation in the riverside
experience
• Combine creative expression with functional and/or interpretive"features
• Reflect that gatevway:and,landmark installations.are attractions both for close-to-home civic
engagement and visitor:appreciation.
Approach:
• Art installations in the Petaluma.Water Ways'distritt(are,subjectto special contextual
review.
• Artwork should be congruent with the historic, heritage, environmental, and cultural
context of each site.
• Sponsor artwork that integrates water features or reflects'\.thewater environment.
• Sponsor functional and wayfinding artwork
• Sponsorartwork"that can'also become the locus ofiothercivic(activities-are arts, such as
performance spaces, fire features, etc. thatwill draw citizens to'the waterfront
• Scale artwork for both close-up and line-of-sight observation and enjoyment.
We recommend-that the P etaluma River Access Partnership;offer to the Commission and
Council a study session to explore and request'establishment of an Arts District along the
Petaluma River waterfront.. We hope the City Of Petaluma recognizes'the economic
PETALUMAWATERWAYS ORG
IOii
___T�.. ,,, L
WATER WAYS
•
development advantages to the City that would be'realized by this designation, and will
authorize creation and establishment of the Petaluma Water Ways Arts District.
A suggested CouncilResolution establishing such a district appears on the next page.
Susan rbird
Volunteer Project Coordinator.Emeritus !
Cc: S. Brodhun J Hamilton S Bastianon
T Barrett T Renee M Hohle
M Dooley P Todiatt G Sabourin
D Elias K'Rinehart C Stevick
J Fitzgerald B Rinehart. L Brown
PETAL UMAWATERWAYS ORG
ET . _,,.L MA
WATER • , AYS
DRAFT
RESOLUTION OF THE COUNCIL OF THE CITY OF PETALUMA-AUTHORIZING THE CREATION OF
THE PETALUMA WATER WAYS ARTS DISTRICT •
WHEREAS, the Petaluma River Access Partnership requested that Council;consider creating an
Arts District along thePetaluma River waterfront; and
WHEREAS, the Cityof Petaluma.;also recognizes the economic development:advantages to the
City that would be realized by.the establishment of the.Petaluma Water Ways Arts District; and
WHEREAS, arts and culture in waterfront public and private,areas.have helped to transform
many of America's finest:cities by attracting tourism and retaining innovative businesses and
quality workers essential to economic development and prosperity.
NOW;THEREFORE, BE IT RESOLVED that the Council of the City of Petaluma authorizes the
creation and establishment of the'Petaluma Water Ways Arts District to include those areas
within Petaluma as designated on the map attached hereto as•Exhibit "A."
- 1 PETALUMAWATERWAYS.ORG
N .- il
'�• _ ..�v�.�-. 2_ '� _ x '.ice_. �� .mL.;� lac.. ^z`'