Existing Law: Planning Code Sections 429 et seq. establish a program that requires public artwork for certain projects. Section 429.4 includes provisions for removal, relocation, or alteration of existing artwork installed under the Planning Code requirements. Section 315(b) defines a 100% affordable housing project as a project that is restricted for a minimum of 55 years or the life of the project as affordable for 'persons and families of low or moderate income' as defined in California Health & Safety Code Section 50093.

The ordinance would create a process for the Planning Department to allow removal, relocation, or alteration of existing public artwork at 100% affordable housing projects if the artwork has been vandalized or severely compromised and the required authorization to remove, relocate, or alter the artwork has been obtained from the artist. A publicly noticed Zoning Administrator hearing would be involved unless the Zoning Administrator finds that the proposed relocation or alteration is a minor modification of the artwork.

The ordinance would eliminate the public art requirement for 100% affordable housing projects and provide processes for the relocation or removal of existing artwork at such projects, subject to certain conditions. This is to ensure that the creation of affordable housing is not impeded by onerous requirements, as the need for such housing far outweighs the indirect impact of not having an art piece present on-site.

The ordinance is based on various findings, including those related to the California Environmental Quality Act and consistency with the General Plan and eight priority policies of Planning Code Section 101.1. The rationale is to balance the needs of affordable housing development with the cultural and aesthetic values represented by public art, addressing circumstances where artwork may be impacted by vandalism or other forms of compromise.

The ordinance went through a legislative approval process, including a public hearing by the Planning Commission, which recommended approval with modifications, and affirmations by the Planning Department regarding compliance with environmental standards. The process included a review of consistency with priority policies and the General Plan, and the ordinance was adopted by the Board of Supervisors.

The ordinance provides criteria for the Zoning Administrator to consider when evaluating applications for artwork alterations, with clarity to ensure that 100% Affordable Housing Projects proposing minor relocations or alterations are offered the same less onerous process available to market-rate projects. The Planning Commission's determination under the California Environmental Quality Act and findings of consistency with the General Plan and priority policies are integral parts of the accountability framework.