Agenda packet, joint meeting — Palm Desert City Council, October 8, 2026

PALM DESERT CITY COUNCIL

STUDY SESSION MEETING
AGENDA

Thursday, October 8, 2026
2:30 p.m.

Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
NOTICE IS HEREBY GIVEN that the purpose of the Study Session is to review the items listed on the agenda. No action will be taken.

This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Board of Library Trustees.

Pursuant to Senate Bill 707, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.

WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
https://palmdesert.zoom.us/j/83367449572 or on the City's YouTube Channel.

OPTIONS FOR PARTICIPATING IN THIS MEETING:

OPTION 1: IN PERSON
Attend in person in the Council Chamber, located at 73510 Fred Waring Drive, Palm Desert, California 92260.

OPTION 2: VIA EMAIL
Send your comments by email to: [email protected]. Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council.

Emails will not be read aloud at the meeting.

OPTION 3: LIVE VIA ZOOM
Access via https://palmdesert.zoom.us/j/83367449572 or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.

OPTION 4: LIVE VIA TELEPHONE
Call (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.

Pages

1. CALL TO ORDER - STUDY SESSION

2. STUDY SESSION TOPICS

2.a Permanent Public Outdoor Dining Program Design and Framework 5 RECOMMENDATION:

Provide direction on how to advance a permanent public outdoor dining program for use of public right-of-way, the preferred design concept for El Paseo and Highway 111, license terms and fees, and final design and construction responsibilities.

2.b Proposed Updates to the Art in Public Places Program Guidelines and Palm Desert Municipal Code Chapter 4.10
45 RECOMMENDATION:

Provide direction regarding proposed updates to the City’s Art in Public Places Program Guidelines and Palm Desert Municipal Code Chapter 4.10.

3. ADJOURNMENT
City Council Study Session
October 8, 2026
2 4. PUBLIC NOTICES
Pursuant to Senate Bill 707, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person. Members of the public may record open session meetings. Recording may be limited only if the manner of recording causes a persistent disruption due to noise, illumination, or obstruction of view.

Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Meetings & Agendas” at the top of the page.

Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Quiet Space Accommodation: Individuals with disabilities who require access to a quiet space in order to participate in the meeting are encouraged to notify the City Clerk. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible.

AFFIDAVIT OF POSTING
I, Michelle Nance, Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting.
/S/ Michelle Nance, CMC
Assistant City Clerk
City Council Study Session
October 8, 2026
3 4

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City of Palm Desert Staff Report
Meeting Date: October 8, 2026
Prepared By: Carlos Flores, AICP, Deputy Director of Development Services Department: Development Services
Subject: Study Session: Permanent Public Outdoor Dining Program Design and Framework Recommendation
Provide direction on how to advance a permanent public outdoor dining program for use of public right-of-way, the preferred design concept for El Paseo and Highway 111, license terms and fees, and final design and construction responsibilities.

Executive Summary
Staff is developing a permanent outdoor dining program for restaurants that seek to use public right-of-way for outdoor dining immediately adjacent to their existing storefront. Where that use occupies or interrupts the existing sidewalk, pedestrians would be rerouted onto a temporary, removable sidewalk extension located within adjacent parking space(s). “Permanent” refers to establishment of an ongoing City program. Individual approvals and improvements would remain revocable, and the pedestrian facilities would remain removable. The program would apply only to use of public right-of-way or other City-controlled space; outdoor dining located entirely on private property would continue through existing City processes.

Staff is presenting preliminary design concepts, a draft administrative framework for the program, and potential materials that could be used to construct the removable sidewalk.

Council guidance is requested on:
 A preferred concept(s) and material;
 Terms of a permanent program;
 The City completing standard construction details or requiring applicants to prepare their own construction drawings;
 If the existing lease-based rate of $7.08 per square foot per year is appropriate.

This study session seeks direction for further development. It does not adopt the program, approve individual installations, change existing fees or temporary approvals, authorize construction funding, or regulate outdoor dining located entirely on private property.

Background
The City established the Temporary Outdoor Dining Deck Program in 2020 to support restaurants during the COVID-19 pandemic. The Temporary Program has been extended through June 30, 2027, for eligible, compliant operators while a permanent approach is developed. Two restaurants (Kitchen 86 and Little Bar) are currently utilizing the Temporary Program.
5

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On June 11, 2026, City Council gave staff direction to explore a permanent program with a concept that would move dining toward restaurant frontages and use an elevated sidewalk extension to maintain pedestrian access. That discussion identified design, drainage, accessibility, maintenance, agreements, and fees for further evaluation.

The City utilized an engineering consultant (NV5) to assist in professional engineering services for the development of design concepts for the permanent program while City staff developed a framework for administration of the program.

Analysis
Design concepts (Attachment 1)
The proposed design separates the dining area from the public walkway. Under the concept being evaluated:
 The restaurant expands dining immediately adjacent to its storefront within approved space.
 If that dining area occupies or interrupts the existing sidewalk, pedestrians are rerouted around it.
 A removable sidewalk extension is constructed within adjacent parking space(s) to maintain the public pedestrian route.

The parking lane improvement is a public pedestrian walkway, not restaurant seating. A pedestal paver system would support the new removable sidewalk above the roadway within existing parking spaces, with space beneath for drainage. It would not replace the existing sidewalk.

The drawings identify drainage, access to drainage inlets, sidewalk connections, obstructions, and crosswalk clearances as case-by-case considerations. Final review must resolve accessibility, drainage and maintenance access, and the required protection from vehicles.

Final dimensions and parking displacement would depend on each site.

Concepts A1-A3 illustrate El Paseo with parallel parking. Concepts B1-B3 are labeled "Palm Desert Dr" and illustrate angled parking for the Highway 111 frontage roads corridor discussion. These are typical configurations, not approvals of specific restaurant locations.

The three paired approaches are summarized below:
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Table 1 – Drawings Summary
Approach What the drawings show Council Considerations Cost Estimate1
Continuous
elevated walkway
- El Paseo A1 /
Palm Desert Drive
B1
A continuous raised
pedestrian route connecting
to the existing sidewalk.

Angled wheel stops are
outside the ends.

Whether to advance this
for final engineering
review.

Additions: Council could
add wheel stop(s) and
planter(s)
$16,624
Elevated walkway
with marked
buffer - El Paseo
A2 / Palm Desert
Drive B2
The continuous elevated
route, plus a 2-foot outer
buffer with white pavement
striping and reflective
delineator posts at the end
returns. Angled wheel stops
remain outside the walkway
area.

Whether to advance this
for final engineering
review.

Additions: Council could
remove striping and add
delineator(s), wheel
stop(s), and planter(s)
$21,240
Ramp and
platform - El
Paseo A3 / Palm
Desert Drive B3
Curb-flush platforms and
ramps with guardrails at both
ends, with slopes labeled at a
maximum of 8.33%. Wheel
stops are shown at the ends
and along the street-facing
side.

Whether to advance this
for final engineering
review.

TBD
1This is based off an estimated 120 square feet and only includes estimates for construction and labor, not design. This is a preliminary estimate based off current designs and would change upon finalizing design, final construction plans, and would increase based off additional safety and aesthetic materials.

Materials
Staff has reviewed several potential material systems for the removable pedestrian walkway, including pedestal supported wood tiles, porcelain pavers, and modular prefabricated systems.

These materials are presented as examples of the types of systems that could satisfy the design concept. The final standards could either identify City-approved material palette or establish performance standards that allow comparable materials.

Pedestal supported materials are being evaluated because they can create a level walking surface while allowing drainage beneath the walkway and can generally be removed if the public right-of-way is needed for another purpose. Wood tiles may provide a warmer appearance, while porcelain or similar pavers may offer lower-maintenance options. 7

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Planters or similar streetscape elements could also be incorporated to improve appearance and help visually identify the pedestrian walkway. Final landscaping, maintenance, and edgetreatment specifications would be established as part of the design standards.

Permanent program framework (Attachment 2)
The working framework separates the application license, governing the operator and use of public property, from site/construction approval, governing the physical installation. A permanent program would establish an ongoing approval process; it would not give individual installations an irrevocable right to use public property.

Program area eligibility
The draft initially covers El Paseo and selected Highway 111 frontage roads segments, with eligible locations to be identified before adoption. Eligible new and existing operators could apply, subject to site review and required approvals. Property owner authorization and alcohol service approvals would be required where applicable. Outdoor dining entirely on private property would continue through existing City processes. Temporary program participation would not automatically approve an existing installation for the permanent program but staff would work with these operators for a transition into the permanent program.

The framework assigns operators responsibility for approved use, unobstructed pedestrian access, cleanliness, drainage, insurance, and removal/restoration. Final agreements would specify maintenance and repair responsibilities for the dining area and associated removable sidewalk. City and utility access would be retained and operator changes or material design changes would require City review.

License term.

The framework leaves the term open for Council direction. Options include:
 annual renewal
 a renewable multi-year term, such as three or five years, or  an ongoing revocable authorization without a fixed expiration.

Under any approach, continued operation would depend on compliance, insurance, fees, and City access provisions. A multi-year or ongoing authorization would retain annual compliance checks without requiring a new full application each year.

Fee Structure
The Temporary Program applies an annual rate of $7.08 per square foot, established using a lease-rate basis, subject to the applicable program provisions and individual agreements. Staff is asking Council whether to retain that rate or evaluate a revised fee.

Fees could be evaluated for application, permit(s), inspections, program administration, use of public property, displaced parking, additional City maintenance, and restoration security.

These are included as potential components of a fee analysis and are not proposed as separate cumulative charges.

A revised analysis could distinguish one-time application, review, and construction related charges from recurring program and public property use charges. 8

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Final design and construction responsibility
A City design standard would not commit the City to building or paying for installations. The design responsibility and funding decisions are separate. Staff currently sees three (3) options for final design and construction responsibilities:
 Option 1: City-standard design; applicant construction. The City would enter into a new agreement with an engineering consultant to complete reusable construction details and approved options. Applicants would provide site-specific plans, obtain permits, and arrange and pay for construction. Common details could reduce repeated design work, but each location would still require review of dimensions, drainage, access, and adjacent conditions.
 Option 2: Applicant design and construction. The City would adopt design and performance requirements, using the current concepts as a starting point. Each applicant would retain the necessary design professionals and prepare, permit, and construct its installation. This approach would allow site-specific designs but place more individual design work on applicants and require review of each proposed solution.  Option 3: Evaluate a City role in the improvements. Council could direct staff to evaluate whether the City should have a defined role in funding or constructing the public pedestrian portion of the improvement. Restaurant dining improvements would remain separate. Any City participation would require future Council consideration of scope, funding, ownership, maintenance, and cost recovery.

Council Direction Requested
1) Program Framework: Does Council support advancing this program and design? 2) Design: Which concept should be advanced for each corridor, or should more than one remain available?
a. What changes to design, if any, should be explored?
3) Program area eligibility: Should the initial program cover both Highway 111 frontage roads and El Paseo?
4) License Term: Should staff develop an annual, renewable multi-year, or ongoing revocable license? If multi-year, what term should be evaluated? 5) Fee Structure: Should staff retain the existing $7.08 lease-based approach or evaluate a revised methodology?
6) Responsibility: Should staff complete standard construction details or require applicant prepared designs under City standards?
Next Steps
Following Council direction, staff would refine the selected concepts and framework, resolve the outstanding engineering details, complete cost and fee evaluations, and discuss implementation strategies. The final program package would identify design standards, fees, license terms, approval procedures, agreements, maintenance responsibilities, and any requested City funding.

Staff would also prepare an application and transition schedule in advance of the June 30, 2027, Temporary Program expiration. Existing operators would need permanent program approval and any required modifications to continue under the new program. This study session does not open the permanent program for applications. 9

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Environmental Review
The action is not subject to CEQA pursuant to CEQA Guidelines section 15060(c) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in CEQA Guidelines section 15378. The action consists solely of providing preliminary, nonbinding direction to staff regarding further development of a potential Permanent Outdoor Dining Program, including program concepts and materials, license terms and fees, and design and construction responsibilities. It does not adopt the program, approve any individual installation, change existing fees or temporary approvals, authorize construction or funding, or otherwise commit the City to a definite course of action involving physical improvements. The action therefore constitutes an administrative activity that will not result in direct or indirect physical changes in the environment pursuant to CEQA Guidelines section 15378(b)(5). Any future adoption of the program will be subject to appropriate CEQA review. Accordingly, no CEQA review is required at this time.

Legal Review
This report has been reviewed by the City Attorney’s Office.

Financial Impact
No construction appropriation or funding commitment is requested. Financial impacts will depend on the selected designs, number of participating locations, fee structure, and allocation of design, construction, and maintenance responsibilities. Any request for additional City funding would return with an identified scope and funding source. No change to the existing fee is proposed with this study session.

Attachments

1. Draft Design Concepts

2. Draft Permanent Outdoor Dining Framework

3. Draft Material Samples

4. Presentation
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Conflict of Interest Awareness Checklist
Note: This checklist is informational only and does not constitute a legal determination. Each Councilmember remains responsible for identifying, disclosing, and evaluating any disqualifying interests under the Political Reform Act and applicable FPPC regulations.

1. Site-Specific Property Interest
Does this item involve a project site or other identifiable real property? ☐ Yes
☒ No
If yes, identify the project site:

Councilmembers should consider whether they own, lease, or hold interests in real property within 1,000 feet of the project site. (Gov. Code § 87103(b); FPPC Reg. 18702.2).

2. SB 1439 / Gov. Code § 84308 Applicability (Campaign Contributions) Does this item involve a license, permit, other entitlement for use, or a contract or franchise agreement that is not competitively bid, a labor agreement, or a personal employment contract?
☐ Yes
☒ No
If yes, identify the applicant(s), appellant(s), party, or participant(s):

Councilmembers should review campaign contributions received within the prior 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision. (Gov. Code § 84308). 11 12
13 14
15 16
17 18

CITY OF PALM DESERT / PERMANENT OUTDOOR DINING PROGRAM FRAMEWORK WORKING DRAFT • AUGUST 2026 • DEVELOPMENT SERVICES PAGE 1

CITY OF PALM DESERT
Permanent Outdoor Dining
Program Framework

WORKING DRAFT
Administrative framework for application, review, licensing, temporary pedestrian facilities, operation, renewal, inspection, and enforcement.

STATUS Working Draft
INITIAL AREA El Paseo and selected segments of Highway 111

COMPANION

DOCUMENT
Permanent Outdoor Dining Design Standards
August 2026
Development Services Department
19 CITY OF PALM DESERT / PERMANENT OUTDOOR DINING PROGRAM FRAMEWORK WORKING DRAFT • AUGUST 2026 • DEVELOPMENT SERVICES PAGE 2 Contents

1. Purpose and Program Structure 3

2. Initial Program Area and Applicability 3

3. Outdoor Dining and Temporary Sidewalk Configuration 3

4. Eligibility to Apply 3

5. Required Application Package 4

6. Review and Approval Process 4

7. Approval Standards 4

8. Program License and Right-of-Way Agreement 5

9. Fees and Financial Framework 5

10. Operating Standards 5

11. Inspection, Compliance, and Enforcement 6

12. Renewal, Modifications, and Ownership Changes 6

13. City Roles 7

14. Transition from Temporary Program 7

15. Implementation and Adoption Work Items 7
Appendix A. Staff Approval Checklist 8
Appendix B. Renewal Checklist 8
20 CITY OF PALM DESERT / PERMANENT OUTDOOR DINING PROGRAM FRAMEWORK WORKING DRAFT • AUGUST 2026 • DEVELOPMENT SERVICES PAGE 3

1. Purpose and Program Structure
Item Framework Standard
Program purpose Establish the City framework to authorize, review, license, operate, inspect, renew, and enforce permanent public outdoor dining and associated temporary pedestrian improvements.

Program License Revocable City authorization governing the operator, approved area, use of public property, fees, insurance, maintenance, renewal, enforcement, and restoration.

Site / construction
approval
Approval of the physical installation and any temporary sidewalk or pedestrian facility under applicable design, engineering, building, fire, accessibility, utility, and right-of-way requirements.

Design standards Permanent Outdoor Dining Design Standards shall establish physical siting, dimensions, materials, accessibility, safety, and construction criteria.

No property right Program approval creates no leasehold, easement, vested right, or compensable property interest in City property or right-of-way.

2. Initial Program Area and Applicability
Item Framework Standard
Initial program area The permanent program shall initially apply to El Paseo and selected segments of Highway 111 designated by the City.

Future expansion Additional corridors or districts may be added only through subsequent City action.

Eligible business Outdoor dining must be accessory to a lawful operating restaurant or eating/drinking establishment serving the approved area.

Private property Outdoor dining located entirely on private property remains subject to applicable zoning, building, fire, accessibility, and business license requirements unless specifically included in this program.

Temporary events Special events and temporary street closures remain subject to separate City approvals.

Existing temporary
installations
Prior temporary approval does not establish permanent approval or grandfathered status.

3. Outdoor Dining and Temporary Sidewalk Configuration
• Use of the public right-of-way under this program may include a temporary sidewalk or pedestrian bypass needed to maintain the required continuous pedestrian route around an outdoor dining expansion. • The temporary sidewalk is a pedestrian facility and not a dining area. • Temporary sidewalks may occupy an approved portion of the curb lane, parking lane/space, or other City-controlled rightof-way when authorized by the City. • All temporary sidewalks, transitions, barriers, drainage, accessibility features, and traffic protection elements must comply with the Permanent Outdoor Dining Design Standards and approved plans. • The City retains access and may require modification or removal for emergencies, utility work, maintenance, street work, capital projects, or other public necessity.

4. Eligibility to Apply
• Applicant is the operator of the associated restaurant or another entity expressly authorized by the City. • Associated business is lawfully established and maintains an active City business license. • Applicant demonstrates legal control of the restaurant premises for the license term. • Property-owner authorization is provided when required by the City. • Applicant executes all required City agreements for use of public property. • Applicant is current on required City fees and prior program obligations, unless subject to an approved payment arrangement.
• Alcohol service requires all applicable California Department of Alcoholic Beverage Control approvals. 21 CITY OF PALM DESERT / PERMANENT OUTDOOR DINING PROGRAM FRAMEWORK WORKING DRAFT • AUGUST 2026 • DEVELOPMENT SERVICES PAGE 4

5. Required Application Package
Item Framework Standard
Program application Operator, business entity, location, requested term, hours, service description, and responsible contact.

Property
authorization
Owner consent in City-approved form, when required.

Site plan Approved footprint; dining area; required pedestrian route; temporary sidewalk, if proposed; curb/parking relationship; access points; utilities; barriers; and adjacent conditions.

Design compliance Plans and specifications demonstrating compliance with the Permanent Outdoor Dining Design Standards.

Construction
documents
Construction plans, accessibility, traffic-control, or other documents required by the applicable reviewing department reviewed and approved by Development Services department, Public Works, and Fire Marshal’s office
Utility clearance Utility identification and agency clearance when required.

Insurance /
agreement
Required insurance, indemnity, and revocable license/encroachment agreement.

Fees / security Adopted license, review, inspection, and security/restoration charges, as applicable.

ABC documentation Current State authorization when alcohol service is proposed.

6. Review and Approval Process
Item Framework Standard

1. Intake Permit Center confirms required application materials and fees.

2. Interdepartmental
review
Development Services coordinates review by applicable City departments, Fire, utilities, and outside agencies.

3. Design / site review Staff confirms compliance with adopted design standards and site-specific right-of-way, accessibility, safety, and operational requirements.

4. Corrections Applicant resolves required corrections before approval.

5. Agreements / fees Required agreements, insurance, indemnity, fees, and security are completed before construction or occupancy authorization.

6. Construction /
inspection
Required permits are issued and the installation is inspected.

7. Program License License is issued after all prerequisite approvals are complete.

8. Renewal / compliance Continued operation requires current license, insurance, fees, underlying business approvals, and compliance with approved plans and conditions.

7. Approval Standards (Findings)
• The location is within the authorized program area.
• The associated restaurant is a lawful use and eligible for the program. • The configuration maintains the pedestrian route required by the Permanent Outdoor Dining Design Standards and applicable accessibility requirements.
• The configuration does not obstruct required vehicle, bicycle, transit, loading, emergency, utility, drainage, or public works functions.
• The installation complies with the adopted Permanent Outdoor Dining Design Standards and approved plans. • Required City and utility access is maintained.
• The operator satisfies insurance, indemnity, property authorization, fee, maintenance, and restoration requirements.

8. Program License and Right-of-Way Agreement
22 CITY OF PALM DESERT / PERMANENT OUTDOOR DINING PROGRAM FRAMEWORK WORKING DRAFT • AUGUST 2026 • DEVELOPMENT SERVICES PAGE 5 Item Framework Standard
Term Term and renewal cycle established by the adopted program and agreement. (Can be one year, multi, or perpetuity)
Approved area License exhibit identifies the approved dining area and any temporary sidewalk or other right-of-way improvement.

Revocability Authorization is revocable and subject to City access and public-necessity provisions.

Changes Expansion, relocation, or material configuration changes require prior City approval.

Transfer Change of operator, tenant, business entity, or property ownership requires City review as specified by the program; approval does not transfer automatically.

City / utility
access
City and utility providers retain inspection, maintenance, repair, emergency, and capital project access.

Removal /
restoration
Operator removes improvements and restores affected City property upon expiration, revocation, abandonment, or City direction under the agreement.

Security City may require a deposit, bond, or other security for removal, repair, and restoration.

9. Fees and Financial Framework
The permanent program shall include an adopted fee structure. The final fee methodology remains an item to develop. Below are types of fees that can be considered.

Item Framework Standard
Application / review Cost-recovery charges for application intake, plan review, and related staff review.

Permit / inspection Applicable adopted permit, construction, inspection, and reinspection charges.

Program
administration
Annual or other adopted license/program charge for administration and compliance.

Right-of-way
occupancy
Charge for authorized commercial occupation or exclusive/semi-exclusive use of City-controlled right-ofway.

Parking-space impact Fee methodology shall evaluate the value or public cost associated with occupying a parking space or curb area when a temporary sidewalk or other program improvement displaces parking.

City maintenance
impact
Fee methodology shall evaluate City maintenance costs attributable to program improvements, including specialized paving or other City-maintained right-of-way treatments where applicable.

Restoration / security Deposit, bond, or other security as required to protect City property and fund removal/restoration obligations.

Fee methodology work item
• Replace the prior tenant lease percentage approach, if directed. • Determine a legally supportable basis for valuing right-of-way occupation, displaced parking, and incremental City maintenance.
• Coordinate the fee study and legal review with the permanent-program adoption schedule. • Establish final rates by Council action through the applicable fee schedule, resolution, or agreement structure.

10. Operating Standards
Item Framework Standard
Approved use Area is used only for the approved outdoor dining operation and authorized incidental furnishings.

Approved footprint Dining, furnishings, barriers, and temporary sidewalk elements remain within the approved configuration.

Pedestrian route Required pedestrian route and accessible connections remain unobstructed at all times.

Alcohol Alcohol service remains within the area and manner authorized by State and City approvals.

Noise / entertainment Operation complies with applicable City noise and entertainment requirements. 23 CITY OF PALM DESERT / PERMANENT OUTDOOR DINING PROGRAM FRAMEWORK WORKING DRAFT • AUGUST 2026 • DEVELOPMENT SERVICES PAGE 6 Item Framework Standard
Waste / cleanliness Operator maintains the dining area and immediately adjacent area free of trash, grease, food debris, and unsafe conditions.

Drainage Gutters, inlets, drainage paths, and stormwater facilities remain unobstructed.

Utilities / equipment Utilities, heaters, lighting, and equipment are installed and maintained only as approved. (Should not be on sidewalks)
Weather / emergency Operator secures or removes movable elements and complies with City closure or safety directions.

Responsible contact Operator maintains a current local contact for urgent safety, maintenance, or compliance issues.

11. Inspection, Compliance, and Enforcement
Item Framework Standard
Pre-opening Required before operation and after reconstruction or relocation.

Routine / complaint
inspection
City may inspect for condition, accessibility, approved footprint, temporary sidewalk condition, barriers, drainage, utilities, maintenance, or reported violations.

Correction notice City may require correction within a stated period based on the nature of the violation.

Immediate suspension City may suspend operation for an imminent safety or accessibility hazard, lapse of required insurance, obstruction of emergency access, unsafe construction, or failure to comply with an emergency order.

Penalties Applicable citations, administrative penalties, reinspection charges, or cost recovery may be used as authorized by City code and adopted program documents.

Revocation License may be revoked for material misrepresentation, repeated or serious violations, failure to maintain required approvals or fees, unauthorized material changes, or failure to comply with removal/restoration obligations.

City removal If authorized by agreement and law, the City may remove an unsafe, abandoned, expired, or revoked installation and recover costs.

12. Renewal, Modifications, and Ownership Changes
Item Framework Standard
Renewal Operator submits required renewal materials before expiration and confirms continued compliance.

Minor change Non-material changes may be approved administratively when they remain within adopted standards and the approved footprint.

Material change Changes to footprint, temporary sidewalk, structural system, barriers, pedestrian route, utilities, overhead elements, or capacity require prior City review and applicable permits.

Change of operator New operator obtains City approval and required license/agreement documents before using the approved area.

Change of property
owner
Updated owner authorization or agreement documents are provided when required.

Closure /
abandonment
City may require removal when the associated restaurant ceases operation or the installation is not maintained as required by the adopted program.

13. City Roles
Item Framework Standard
Planning Program administration, eligibility, land-use review, design standard compliance, conditions, licensing, renewal, records, and coordination.

Permit Center Intake, routing, fee coordination, permit records, and issuance support.

Engineering / Public Works Right-of-way, traffic (during install), drainage, utilities, encroachment conditions, and restoration. 24 CITY OF PALM DESERT / PERMANENT OUTDOOR DINING PROGRAM FRAMEWORK WORKING DRAFT • AUGUST 2026 • DEVELOPMENT SERVICES PAGE 7 Item Framework Standard
Building & Safety & Fire Applicable structural, electrical, life safety, and accessibility review and inspection.

Code Compliance Operational compliance, complaints, maintenance, and enforcement coordination.

City Attorney / Risk Agreement form, insurance, indemnity, enforcement, and fee methodology legal review.

Finance (or EconDev) Fee structure, billing, deposits/security, and financial administration.

Utilities / outside agencies Review when facilities or agency-controlled property are affected.

14. Transition from Temporary Program
• Existing temporary approvals remain subject to their current terms until the June 2027 expiration. • Existing operators must obtain permanent program approval to continue after the transition deadline. • The City may establish an application window and coordinated transition schedule for current operators. • Installations not approved for transition must be removed and affected public property restored by the applicable deadline.

15. Implementation and Adoption Work Items
Item Framework Standard

1. Confirm initial geography Map and designate El Paseo and selected Highway 111 segments eligible for the initial permanent program.

2. Complete design
standards
Finalize design (NV5)

3. Define approval authority Establish administrative approval, appeal, renewal, suspension, and revocation authority.

4. Complete fee study Develop a fee methodology.

5. Prepare legal documents Prepare enabling resolution, any ordinance update, and standard revocable license/encroachment agreement.

6. Build permit workflow Create application, routing, inspection, renewal, fee, and records workflow in the City permit system. (Or use existing?)

7. Transition existing sites Inventory current decks and establish transition deadlines.

8. Adopt and launch Adopt program package, publish all necessary documents, and open

9. Initial program review Evaluate operations, design performance, parking impacts, maintenance, fee performance, and enforcement after the first operating cycle before considering geographic expansion.

Appendix A. Staff Approval Checklist
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-
-
-
-
-
Appendix B. Renewal Checklist
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25 26
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22,600 psi
21,600 MPa
13,000 lbf/in2
7% tangential, 6% radial

PROPERTY
Finish
Overall Height
Slat thickness
Width of slats
Slats per tile
Slat spacing
Screws
Ends & sides finish
Surface treatment
Weight
Warranty

IPE WOOD TILES
Smooth
1 11/16”
13/16“
2 7/8”
8 3/16” approx..

Stainless steel
S4S E4E (radius 1/8”)
Raw - uncoated
6 lb/sq.ft approx.
3 years
48” x 24” 24” x 24”

PROPERTY
Concentrated load on pedestals
Uniform load on pedestals
Solar Reflectance Index - New
Solar Reflectance Index - Weathered
Fire - Flame Spread
Fire - Intermittent Flame
Slip Resistance

STANDARD
ASTM E2322-03
ASTM E2322-03
ASTM E1980-11
ASTM E1980-11
ASTM E108-07
ASTM E108-07
ASTM E303-22
RESULT
3515 lbs
2901 lbs
41 24
Class A
Class A
Dry 67, Wet 28
Archatrak Inc. | 1288 N 14th Ave Unit 105, Bozeman, MT 59715 USA | 866-206-8316 | www.archatrak.com Ipe Tiles
TILE-IPE-48SMTH-8SL596
TILE-IPE-24SMTH-8SL596
23 7/16” x 47“
23 7/16” x 23 7/16“

PRODUCT CODES & SIZING
27 Installation Guide
Archatrak Inc. | 1288 N 14th Ave Unit 105, Bozeman, MT 59715 USA | 866-206-8316 | www.archatrak.com

STRUCTURAL / IPE WOOD TILES
Surface Finish
Archatrak Ipe wood tiles are manufactured using ‘A’ grade lumber which, in accordance with standard industry classification, permits some knots, color variation, dark streaks, pin holes, checking etc. Decking timber is not furniture grade.

Tiles are supplied in a natural, unfinished state. It is highly recommended that a good quality decking oil is applied as soon as practical after installation, which not only assists in maintaining the color as long as possible, but also provides some protection from airborne particles which can leave dark spots or markings on unfinished timber.

To provide good drainage under the tiles, the surface should normally slope slightly away from the outer wall of any structures.

Wax Treatment of Slat Ends
Archatrak structural Ipe wood tiles are not supplied with any factory applied oil coating. However, in accordance with normal industry practice, a wax material is applied to the ends of the slats to reduce the possibility of end checking. Be aware that this wax can ‘bleed’ a short distance along the top surface of the slats after installation, especially when the tiles are exposed to hot, sunny conditions and when the tiles have not been coated with a good quality decking oil after installation. There can often be a significant color contrast between the partially weathered body of the tiles and the wax impregnated ends, appearing as if the ends of the slats have been saturated with water.

Although this phenomenon should disappear over time as the tiles weather naturally, we nevertheless strongly recommend applying a good quality decking oil as soon as practical after installation to reduce the potential for ‘bleeding’ and reduce the rate of fading to a silvery grey. Even when some weathering has occurred, some wax can remain in the pores of dry wood, effectively providing some waterproofing to the ends of the slats, manifesting as a difference in color between the wax impregnated tile ends and body of the slats when the tiles are wet.

Pedestal Installation
Archatrak Ipe wood tiles are specifically designed for installation on pedestal supports for constructing elevated decks.

Any installation should ensure good air circulation can be maintained under the tiles and that the tiles will not be subject to prolonged contact with water.

Solid edge restraint is required on all sides of the deck and all tiles must be butted as tightly as possible against tabs on pedestal heads. Ensure there is no space exceeding 3/16” between the edge of the tiles and the restraining walls on all sides of the deck.

Ipe Tile Transition to Porcelain Paver
Archatrak Ipe wood tiles are the same dimension as the majority of our 2cm thick porcelain pavers and may thus be installed alongside each other without the problem of paver gaps becoming misaligned as you proceed laying across the deck area.

The pedestals just need to be adjusted in height to compensate for the different tile and paver thickness. With Archatrak Prime pedestals, the cut sides of the base of adjacent pedestals should be positioned facing each other.

Cutting
If any tiles need to be cut, make sure to remove any screws that fall in the path of the proposed cut. With any cut tile, it is very important that the structural integrity of the tile is maintained. This may require relocating one (or two) of the support battens and re-attaching these to the slats from the underside of the tile. It may also be necessary to drill and countersink additional holes when re-inserting screws.

To minimize checking or cracking at the need of cut slats, apply an appropriate sealer to the cut ends. Make sure not to get any sealer on the surface of the tiles to prevent any color differences between sealed and unsealed surfaces. 28 Installation Guide
Archatrak Inc. | 1288 N 14th Ave Unit 105, Bozeman, MT 59715 USA | 866-206-8316 | www.archatrak.com

STRUCTURAL / IPE WOOD TILES
Wind Uplift Considerations
Testing undertaken by Archatrak at the Florida International University Hurricane Research Center indicated that blow off of Archatrak 24” x 24” Ipe wood tiles installed on fixed height pedestals with a 12” parapet did not occur until wind speeds reached 130 mph.

Nevertheless, for additional security, Archatrak structural wood tiles are constructed with a slot cut in each corner enabling a special screw and washer component (ETE-IPE-SCREW) to be inserted in the slot and invisibly screwed to the top of the pedestal without damaging the wood surface, to “lock down” the tiles to the pedestal.

Place the pedestal under two adjacent pavers and level the pavers using the adjustment tool.

Move the pedestal slightly towards you and insert the fastening screw into the hole in the center of the pedestal head.

Using a Pozidriv #2 bit (not a Philips bit) turn the screw until the washer is level with slot cut in the tiles. Push the pedestal back towards the tiles so the tabs on the head butt firmly against the tiles and the washer engages the slots.
29 30
Outdoor Dining Program

PALM DESERT CITY COUNCIL
OCTOBER 8, 2026
10/8/2026 CITY COUNCIL 1
31 Background / Goals
How we got here
• Temporary program began in 2020 and
is extended through June 30, 2027.
• Current public right-of-way operators:

Kitchen 86 and Little Bar.
• Council directed staff to evaluate a
permanent program concept.
• City hired consultant ($39,332) to
prepare design concepts.

What tonight achieves
10/8/2026 CITY COUNCIL 2
• Confirm whether to keep developing
the program.
• Narrow the preferred design.
• Give direction on terms, fees, and
construction responsibility.
32 Basic Concept
Public right-of-way use only; private property dining remains under existing City processes.

Framework
• Restaurant dining stays adjacent to the
storefront.
• Pedestrians are routed around the dining
area when needed.
• A removable sidewalk extension is
located in adjacent parking space(s).
•
Menu of available materials.
10/8/2026 CITY COUNCIL 3
33 Council Direction Needed
Key questions
•
Advance the program and design?
• Which concept(s) should be refined?
• Initial area: El Paseo and selected Highway 111 frontage-road locations?
•
Annual, multi-year, or ongoing revocable license?
• Retain $7.08/sf/year or evaluate revised fee?
• City standard details or applicant-prepared designs?
Planning-level cost estimates
(construction and labor only, no
design)
Basic | A1/B1
$11,888
Standard | A2/B2
$16,624
Custom | A2 + add-ons
$21,240
Assumption
120 sf
Custom estimate starts with A2/B2 and adds items such as planter boxes, specialty materials/finishes, and fabrication. A3/B3 ramp-platform costs would be evaluated if advanced.
10/8/2026 CITY COUNCIL 4
34 Council Direction Needed
Key questions
•
Advance the program and design?
• Which concept(s) should be refined?
• Initial area: El Paseo and selected Highway 111 frontage-road locations?
•
Annual, multi-year, or ongoing revocable license?
• Retain $7.08/sf/year or evaluate revised fee?
• City standard details or applicant-prepared designs?
Planning-level cost estimates
(construction and labor only, no
design)
Basic | A1/B1
$11,888
Standard | A2/B2
$16,624
Custom | A2 + add-ons
$21,240
Assumption
120 sf
Custom estimate starts with A2/B2 and adds items such as planter boxes, specialty materials/finishes, and fabrication. A3/B3 ramp-platform costs would be evaluated if advanced.
10/8/2026 CITY COUNCIL 4
35 A1: El Paseo | Basic Elevated Walkway
Parallel parking condition
$11,888
Basic estimate (120
sf)
• Continuous raised
pedestrian route.
• Connects back to existing
sidewalk.
• Pedestal support allows
drainage below.
• Minimal edge treatment;
additions can be evaluated.
10/8/2026 CITY COUNCIL 5
36 A2: El Paseo | Standard Elevated Walkway
Parallel parking condition
$16,624
Standard estimate (120
sf)
• Continuous raised route
plus marked buffer.
•
2-foot outer striping shown.
• Reflective delineator posts
at end returns.
• Better visual definition of
pedestrian path.
10/8/2026 CITY COUNCIL 6
37 A3: El Paseo | Ramp and Platform
Parallel parking condition
Cost TBD
If advanced
• Curb-flush platforms and
ramps.
• Ramps shown at max

8.33% slope.
• Wheel stops along streetfacing side.
• Further engineering and
cost review needed.
10/8/2026 CITY COUNCIL 7
38 B1: Highway 111 | Basic Elevated Walkway
Angled parking / frontage-road condition
$11,888
Basic estimate (120
sf)
• Continuous raised
pedestrian route.
• Wider parking-lane
condition than El Paseo.
• Pedestal support allows
drainage below.
• Minimal edge treatment;
additions can be evaluated.
10/8/2026 CITY COUNCIL 8
39 B2: Highway 111 | Standard Elevated Walkway
Angled parking / frontage-road condition
$16,624
Standard estimate (120
sf)
• Continuous raised route
plus marked buffer.
•
2-foot outer striping shown.
• Reflective delineator posts
at end returns.
• Better visual definition of
pedestrian path.
10/8/2026 CITY COUNCIL 9
40 B3: Highway 111 | Ramp and Platform
Angled parking / frontage-road condition
Cost TBD
If advanced
• Curb-flush platforms and
ramps.
• Ramps shown at max

8.33% slope.
• Wheel stops along streetfacing side.
• Further engineering and
cost review needed.
10/8/2026 CITY COUNCIL 10 41
Materials
10/8/2026 CITY COUNCIL 11 42
Next Steps
If Council supports continued work, staff will return with a final program package. • Refine selected concept(s), materials, and edge treatments. • Resolve engineering details for accessibility, drainage, and vehicle protection. • Complete cost and fee evaluation.
• Finalize license terms, agreements, maintenance responsibilities, and transition schedule. • Return to Council before the June 30, 2027 temporary-program expiration.

Requested direction: design concept(s), program area, license term, fee approach, and construction responsibility.
10/8/2026 CITY COUNCIL 11 43
Council Direction Needed
10/8/2026 CITY COUNCIL 4
1) Program Framework: Does Council support advancing this program and design? 2) Design: Which concept should be advanced for each corridor, or should more than one remain available?
- What changes to design, if any, should be explored?
3) Program area eligibility: Should the initial program cover both Highway 111 frontage roads and El Paseo?
4) License Term: Should staff develop an annual, renewable multi-year, or ongoing revocable license? If multi-year, what term should be evaluated?
5) Fee Structure: Should staff retain the existing $7.08 lease-based approach or evaluate a revised methodology?
6) Responsibility: Should staff complete standard construction details or require applicant prepared designs under City standards?
44

Page 1 ends

City of Palm Desert Staff Report
Meeting Date: October 8, 2026
Prepared By: Michael Calderon, Deputy Director of Public Works Department: Public Works
Subject: Proposed Updates to the Art in Public Places Program Guidelines and Palm Desert Municipal Code Chapter 4.10
Recommendation
Provide direction regarding proposed updates to the City’s Art in Public Places Program Guidelines and Palm Desert Municipal Code Chapter 4.10.

Executive Summary
The City’s current Art in Public Places (AIPP) Program Guidelines (Guidelines) were adopted in 2018 and primarily address developer-provided public art, artwork selection, maintenance, and program administration.

As the AIPP Program has evolved, staff has identified an opportunity to update the Guidelines to better reflect the full range of activities administered through the program and provide a more comprehensive framework for future planning. The proposed updates retain the existing developer requirements while addressing City-initiated projects, permanent acquisitions, annual planning, and Community Public Art Education Programs.

Staff has also reviewed Palm Desert Municipal Code Chapter 4.10 and identified amendments primarily intended to update outdated terminology and align the Municipal Code with the proposed guidelines.

Background
The AIPP Program was established to enhance the City’s environment by incorporating public art into private development and public spaces. The current Guidelines provide an established framework for developer participation, artwork selection and approval, and payment of applicable fees into the Art in Public Places Fund.

Since adoption of the Guidelines, the AIPP Program has evolved to include a broader range of activities, including City-initiated projects, the El Paseo Sculpture Exhibition, maintenance and conservation, and coordination with other City projects and planning efforts. Staff has reviewed the Guidelines and Municipal Code to develop updates that reflect the program's current scope and provide a clear framework for its continued administration. Key proposed changes are as follows.
45

Page 2 ends

Proposed Guideline Changes
Program Area Current Approach Proposed Update
Annual Program Planning Public art projects and
priorities are addressed
through individual projects
and various planning efforts.

Establish an Annual AIPP
Work Plan identifying
available funding, project
priorities, maintenance, and
coordination with City
projects.

Public Art Site Planning Potential locations are
generally evaluated as
individual projects or as
opportunities arise.

Develop a more coordinated
Citywide approach to
identifying public art locations
based on visibility,
geographic distribution, site
readiness, technical
requirements, and future
capital projects.

Community Public Art
Education
Municipal Code allows up to
5% of the annual AIPP
budget for public art
education, but the Guidelines
provide limited direction for
use of these funds.

Establish criteria for eligible
programs and partnerships.

Funding would remain
discretionary and would not
establish an open grant
program, annual application
cycle, or entitlement to
funding.

Proposed Municipal Code Changes
Current Code Updated Code
City Treasurer Finance Department
Community Arts Manager/Public Art
Department
Program Administrator
Art in Public Places Commission Cultural Arts Committee The Palm Desert civic arts committee, art in
public places selection subcommittee, and
public art department shall carry out the
duties established by this chapter.

The City Manager, or the City Manager's
designee, shall administer and implement the
Art in Public Places Program and this
chapter. For purposes of this chapter,
“Program Administrator” means the City
Manager or the City department, officer,
employee, or other designee assigned by the
City Manager to administer the program.
46

Page 3 ends

Total building valuation shall be computed
using the latest building valuation data as set
forth by the International Conference of
Building Officials (ICBO)
Total building valuation shall be determined
using the valuation methodology or data
adopted by the building official
The art in public places commission shall
consider the recommendations of the public
art department in its review and approval of
the proposed project.

The cultural arts committee shall consider
the Program Administrator’s
recommendation and make a
recommendation to the City Council
regarding the proposed artwork, its location,
and any conditions of approval
The decision of the art in public places
commission is subject to a fifteen-day review
period by the city council, then becomes
final. During this fifteen-day review period
any person may appeal an art in public
places commission decision to the city
council, who shall conduct a hearing thereon.

The decision of the city council shall be final.

The recommendation of the cultural arts
committee shall be forwarded to the city
council for consideration. The city council
shall have final approval authority over the
proposed artwork and its location, including
any conditions of approval.

The public art department shall prepare and
submit to the art in public places committee
an annual plan for the AIPP program.

The Program Administrator shall prepare and
submit to the cultural arts committee an
annual work plan for the AIPP program. The
work plan shall identify proposed program
priorities, projects, funding, maintenance
needs, and other program activities.

If any artwork provided on a development
project pursuant to the provisions of this
chapter is knowingly removed or altered by
the property owner without approval of the
city council, the property owner shall
contribute funds equal to the development
project’s original public art requirement to the
City’s AIPP fund or replace or restore the
artwork as appropriate, with such
replacement or restoration subject to
approval by the city council.

Following direction from the City Council, staff will make any necessary revisions to the Guidelines and Municipal Code and return to the City Council for formal consideration. Staff would then begin development of the Annual AIPP Work Plan, consistent with the approved framework.
47

Page 4 ends

Requested Direction
Staff is seeking City Council feedback regarding the overall direction of the proposed AIPP Program update, including:

1. Whether the City Council supports the establishment of an Annual Art in Public Places Work Plan as the primary annual planning and prioritization tool for the AIPP Program.

2. Whether the City Council supports continuing to allow up to five percent (5%) of the annual AIPP budget to be used for Community Public Art Education Programs and, if so, whether the proposed guidelines provide an appropriate framework for evaluating programs and determining how those funds are allocated.

3. Whether there are additional priorities or policy considerations the City Council would like incorporated before the Guidelines and Municipal Code amendments return for formal consideration.

Environmental Review
This action is not a project under the California Environmental Quality Act because it is an organizational or administrative activity of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment. (14 Cal. Code Regs. § 15378(b)(5); see also §15061(b)(3).)
Legal Review
This report has been reviewed by the City Attorney’s Office.

Financial Impact
There is no direct financial impact on the General Fund associated with this Study Session.

Implementation of future AIPP projects, programs, acquisitions, or other activities identified through the proposed Guideline and Municipal Code updates, or Annual Art in Public Places Work Plan would be subject to available funding and applicable City Council budgetary approval.

Attachments

1. Draft Updated Art in Public Places Program Guidelines

2. Draft Redlined Palm Desert Municipal Code Chapter 4.10

3. AIPP Guidelines Adopted 2018

4. Presentation
48

Page 5 ends

1. Site-Specific Property Interest
Does this item involve a project site or other identifiable real property? ☐ Yes
☒ No
If yes, identify the project site:

Councilmembers should consider whether they own, lease, or hold interests in real property within 1,000 feet of the project site. (Gov. Code § 87103(b); FPPC Reg. 18702.2).

ART IN PUBLIC PLACES PROGRAM GUIDELINES
I. PROGRAM OVERVIEW
Palm Desert's Art in Public Places Program (“AIPP” or the “Program”) supports the integration of public art into the City's built environment and public spaces. Established in 1986, the program has grown and evolved to reflect the City's continued commitment to incorporating art throughout the community.

Today, the program encompasses developer-provided public art, developer in-lieu and allocation fees, City-initiated projects, the El Paseo Sculpture Exhibition, commissioned artwork, art donations, maintenance and conservation, integration in adopted specific plans, and community public art education programs.

The Cultural Arts Committee advises the City Council and performs other review responsibilities assigned by the Palm Desert Municipal Code and City policy. Final approval authority shall be exercised by the City Council, the Cultural Arts Committee, or authorized City staff, as applicable to the particular action.

II. WHY PUBLIC ART?
Public art contributes to Palm Desert's identity, visual character, and sense of place. It can transform ordinary public spaces into distinctive community features, complement the surrounding landscape and architecture, and reinforce the character of individual neighborhoods, corridors, and civic destinations.

Public art also provides opportunities for cultural enrichment, education, creativity, and greater appreciation of the arts. By incorporating artwork into medians, streetscapes, parks, gateways, and other civic improvements, the City can expand access to art while creating memorable public spaces throughout Palm Desert.

III. ART IN PUBLIC PLACES REQUIREMENTS
Through its Public Art Ordinance (Palm Desert Municipal Code Chapter 4.10), the City requires that its own Capital Improvement Projects (CIP) and private development projects contribute a percentage of the overall project construction budget (excluding land costs) to enhancing the visual appeal of the project and City. An Art in Public Places Fund was established as a depository for public art fees paid by the City and private developers to secure a building permit from the City of Palm Desert. For the private sector, this fee may be refunded if an artwork has been either placed on the development site or donated to the City. Alternatively, the fee remains in the Art in Public Places Fund for the discretionary use of the City for placement of art should the Developer elect not to participate in the program. APP funds generated by City projects 51 are not required to be used at the project or site from which the funds originated. These funds may be combined with other available APP funds and programmed for eligible public art purposes throughout the City.

The Palm Desert Municipal Code requires certain private development and public facility projects to satisfy Art in Public Places requirements based on the applicable building valuation and program allocation established by Chapter 4.10. These requirements may be satisfied through approved artwork, payment of an in-lieu fee, or donation of approved artwork.

A. Program Requirements
No permanent or temporary Certificate of Occupancy shall be issued unless the applicable Art in Public Places requirements have been satisfied in accordance with the Palm Desert Municipal Code. Compliance may be achieved through payment of the applicable in-lieu fee, installation of approved artwork, donation of artwork accepted by the City, posting of approved financial security, or another method authorized by the Municipal Code.
 All individual residential units whose building permit valuation is in excess of one hundred thousand dollars ($100,000) are assessed an amount equal to one quarter of one percent (1/4%) for that portion in excess of one hundred thousand dollars.
 All other residential development, including two or more single-family dwellings being built concurrently in the same tract by the same owner or contractor is assessed an amount equal to one quarter of one percent (1/4%) of the total building valuation.
 All commercial development is assessed an amount equal to one half of one percent (1/2%) of the total building valuation, excluding land acquisition and offsite improvement costs.  All public facilities subject to Chapter 4.10 are assessed an amount equal to one percent (1%) of the total building valuation, except for street and drainage projects.

Public Art fees are paid to the Development Services Department prior to issuance of a Certificate of Occupancy. The total building valuation is computed by using the latest Building Valuation Data as set forth by the International Conference of Building Officials (ICBO).
52 B. Developer Options
Several options are available to the private developer to meet the City’s art requirements. They are:

1. Artwork on Site
Upon assessment of the public art fee, the Developer may elect to site a permanent public artwork as part of the development project. Using this option, the Developer may:
 Utilize the Palm Desert Artist Registry (www.palmdesertartistregistry.com) to find artists;
 Select the artist directly;
 Hire a professional consultant (at a rate not to exceed 5% of the required public art expenditure/art allocation), to select an artist or artist team to create sitespecific work;  Purchase artworks for permanent installation.

Artworks may be:
 Singular, discrete objects (sculpture);
 Artist designed amenities (streetscapes, paving treatments, lighting standards and treatments, benches, architecturally integrated water features, artist designed landscape treatments or other artist designed amenities or aesthetic treatments).
 In all cases: Artworks must be located outside in publicly accessible locations; and
 If artwork is part of a limited edition series, the series must be no larger than 20.

Upon completion and installation of the artwork on site, the Developer may request the return of the art fee by submitting the required documentation to the City for approval.

Upon approval, the art fee will be returned to the Developer. The returned fee will be in an amount that is equal to the eligible, documented cost of the installed artwork, but does not exceed the amount paid into the Art in Public Places Fund.

The Artwork on Site approach allows the Developer to:
 Maximize and return the outlay of art fees by bringing a signature artwork to the development as an identifying and prestige feature;
 Increase the scope of work of a particular project or feature within the development by using art allocations to supplement and enhance the budget (for example, bringing an artist in to design an already budgeted water or entry feature);
 Keep the artwork on site.
53 2. Art Donated to the City of Palm Desert
Upon assessment of the public art fee, the Developer may elect to purchase an existing artwork or commission an original artwork for donation as a gift to the City of Palm Desert’s public art collection. Donations to the City are reviewed by the Cultural Arts Committee and the City Council to determine the aesthetic quality of the donation, the work’s maintenance requirements, and the appropriateness of the donation to the overall goals of the Art in Public Places program.

This approach allows the developer to:
 Bypass the commissioning process and the subsequent installation of the artwork on the property in favor of purchasing artwork for the City to own and maintain.
 Increase public awareness of the Developer and development as civic benefactors.
 Following acceptance of the donated artwork by the City Council and satisfaction of all applicable donation requirements, the Developer may request the return of the art fee. The amount returned shall equal the Developer’s documented cost to purchase or commission the donated artwork, together with any other eligible costs paid by the Developer and approved by the City, but shall not exceed the amount paid into the Art in Public Places Fund.

3. Fees in Lieu of Artwork on Site
Upon assessment of the public art fee, the Developer may elect to pay the fee to the Art in Public Places Fund with no intention of placing artwork on site or donating a work of art to the City. When a developer elects to pay a fee in lieu of providing artwork on site, the fee shall be administered as follows:
 In-lieu fees shall be deposited into the City's Art in Public Places Fund in accordance with the Palm Desert Municipal Code Chapter 4.10.  In-lieu fees may be combined with other revenues within the Art in Public Places Fund to support eligible public art projects and activities.  Funds may be programmed through the Annual Art in Public Places Plan and used for eligible public art purposes throughout Palm Desert, subject to applicable Municipal Code requirements, available funding, and City approvals.  Payment of an in-lieu fee does not provide the contributing developer with authority to select or approve the artwork, artist, project, or location subsequently funded by the City. Project and site selection shall be based on applicable City criteria, policies, and priorities identified through the Annual Art in Public Places Plan.
54  In-lieu fees shall be tracked and administered in accordance with applicable Municipal Code requirements, including requirements governing the timeframe for commitment or expenditure of funds.
 A Developer may satisfy the Art in Public Places requirement through a combination of approved artwork and payment to the Art in Public Places Fund.

When the eligible cost of approved artwork is less than the Developer's required Art in Public Places allocation, the Developer shall pay the difference into the Art in Public Places Fund in accordance with the Palm Desert Municipal Code.

IV. SITE CRITERIA FOR DEVELOPERS
The following site criteria apply to artwork provided by developers to satisfy the requirements of the Art in Public Places Program. Site selection for City-funded public art projects is addressed separately in Section VII – Site Selection and Section XI – Annual Art in Public Places Work Plan.

A. Eligible Public Art Locations
Developer-provided artwork shall be located and installed in accordance with the following criteria:
 Artwork may be located in commercial or residential developments and associated plazas, parks, sidewalks, traffic islands, public buildings, power stations, and other appropriate publicly accessible locations.  Artwork shall be located in exterior areas that are accessible and visible to the public.
 Artwork may be incorporated into buildings and other site features, including walls, retaining walls, bridges, and other architectural or landscape elements.

The definition of an eligible location may also be expanded by an artist's ability to identify creative opportunities for public art, subject to City approval.  Public art may be integrated into functional or architectural features of a development, including gates, water features, railings, signage, lighting fixtures, and similar elements, when designed or enhanced by an artist.  The location and placement of artwork shall be appropriately integrated with the architecture, landscaping, scale, and overall design of the development.  Artwork shall be placed in a manner that provides appropriate public visibility while avoiding conflicts with pedestrian or vehicular circulation and other site functions.
 The location and installation of artwork shall consider the permanence, durability, safety, and long-term maintenance of the artwork.
 Artwork shall include appropriate identification of the artwork and artist in accordance with City requirements.
55 B. Eligible Public Art Components
On-Site Art in Public Places
The Art in Public Places Program recognizes a broad range of artistic media and materials appropriate for permanent installation. Eligible public art components may include, but are not limited to:
 Sculpture, including freestanding, wall-supported, suspended, kinetic, electronic, or other permanent sculptural works.
 Painted, mosaic, or other artist-designed murals.
 Works incorporating glass, photography, prints, calligraphy, sound, film, video, light, digital media, or combinations of artistic media.  Standardized fixtures such as gates, streetlights, signage, etc., may be designed or enhanced by an artist for unique or limited editions.  Other forms of permanent or site-integrated artwork determined by the City to be consistent with the purposes and requirements of the Art in Public Places Program.

V. BUDGETARY GUIDELINES FOR DEVELOPERS
The following guidelines identify costs that may or may not be credited toward a developer's required Art in Public Places expenditure. These guidelines apply specifically to costs associated with satisfying developer requirements under the Art in Public Places Program and do not govern the City's budgeting or expenditure of monies from the Art in Public Places Fund.

A. Eligible Costs
Costs directly associated with the creation, preparation, and installation of qualifying public artwork may be considered eligible expenses, including:
 Structures specifically required to display or support the artwork.  Professional artist fees.
 Labor, materials, fabrication, and contracted services required for the production and installation of the artwork.
 Required permits and certificates.
 Business and legal costs directly related to the artwork.  Studio and operating costs directly attributable to the artwork.  Communication and other indirect project costs, including insurance.  Artist travel expenses associated with site visits and project-related research.  Transportation of the artwork to the installation site. 56  Site preparation and foundations specifically required for installation of the artwork.
 Installation of the completed artwork.
 Engineering and other professional services directly required for the design or installation of the artwork.
 Documentation (photographs) of the completed artwork.  Subcontractors, including fabricators, engineers, contractors, and signage professionals.
 Lighting designed and installed specifically for illumination of the artwork.

Art Consultant Fees. Fees paid by a developer for professional art consultant services may be credited toward the required Art in Public Places expenditure, subject to the applicable percentage limitation established by the City. This limitation applies solely to developer art consultant costs and is separate from the Municipal Code provision governing the use of a portion of the annual Art in Public Places budget for community public art education programs.

B. Ineligible Costs
The following costs shall not be credited toward a developer's required Art in Public Places expenditure:
 Directional signage, supergraphics, or color-coding, except where such elements are integral components of an approved artwork.
 Mass-produced or standard-design objects, including playground equipment, fountains, or statuary.
 Reproductions of original works of art produced by mechanical or other means.  Decorative, ornamental, or functional elements not designed by the artist or incorporated as an integral component of the approved artwork.  Landscape architecture and landscape gardening, except where designed by the artist and incorporated as an integral component of the artwork.  Services or utilities necessary for the ongoing operation of the artwork.  Routine or ongoing artwork maintenance.

VI. PRIVATE OWNERSHIP AND MAINTENANCE REQUIREMENTS
The following requirements apply to privately owned artwork installed by a developer to satisfy the requirements of the Art in Public Places Program. Maintenance, conservation, relocation, and deaccession of artwork owned by the City are addressed separately through the Annual Art in Public Places Work Plan and applicable City collection-management policies.

A. Maintenance
57  Privately owned artwork shall remain the property of the property owner and shall be maintained in good condition for the life of the project. Title and ownership of the artwork shall transfer with the property upon sale or other transfer of ownership.
 The property owner shall be responsible for all costs associated with the maintenance, conservation, repair, and preservation of the artwork. The owner shall also maintain appropriate insurance coverage for the artwork consistent with City requirements.
 Failure to properly maintain the artwork may constitute a violation of the requirements of the Art in Public Places Program and may be subject to applicable enforcement provisions.

B. Removal or Alteration of the Artwork
 Privately owned artwork installed to satisfy the requirements of the Art in Public Places Program shall not be removed, relocated, materially altered, or replaced without prior City Council approval.
 If artwork is removed, relocated, altered, or replaced without required City Council approval, the property owner shall be responsible for bringing the property back into compliance with the Art in Public Places Program, which may include restoration or replacement of the artwork, payment of applicable public art fees, or another remedy approved by the City.
 Any removal or alteration of artwork shall comply with applicable legal requirements and City policies.

C. Filing of Public Art Agreement with County of Riverside  The property owner shall execute a Public Art Agreement addressing the ownership, maintenance, preservation, and other applicable requirements associated with the artwork.
 The agreement, together with any covenants or other documentation required by the City, shall be recorded with the County of Riverside in accordance with the Palm Desert Municipal Code and shall remain binding upon subsequent owners of the property.
58 VII. SITE SELECTION
Public art sites shall be evaluated based on their suitability for the proposed artwork, opportunities for public visibility and access, relationship to the surrounding environment, and applicable City plans and priorities. Site selection for City-funded projects shall also consider the priorities established through the Annual Art in Public Places Work Plan.

A. Location, Installation and Identification
Public art locations and installations shall consider the following:
 Public Accessibility and Visibility. Artwork shall be located in areas that provide appropriate opportunities for public access and visibility.  Relationship to the Site. The location and installation of artwork shall complement the surrounding environment and provide appropriate opportunities for viewing and engagement.
 Avoidance of Obstructions. Artwork shall be located to avoid conflicts with pedestrian and vehicular circulation, accessibility, utilities, sight lines, landscaping, and anticipated site improvements.
 Permanence. Permanent artwork shall be appropriately secured and installed for the intended location.
 Identification. Artwork shall include appropriate identification of the artwork and artist in accordance with City requirements.

B. Public Placement
City-funded public art may be located in publicly accessible areas throughout Palm Desert, including gateways, vistas, public spaces and plazas, major intersections, corridors, City entrances, medians, streetscapes, parks, civic facilities, and other appropriate public locations.

Potential public art sites may be identified and prioritized based on the following considerations:
 Annual Art in Public Places Work Plan. Priorities and potential locations identified through the Annual Art in Public Places Work Plan.  Geographic Distribution. Opportunities to expand the distribution of public art throughout Palm Desert, including areas underserved by existing public art.  Median Landscape Master Plan. Opportunities identified through or associated with the City's Median Landscape Master Plan.
 Capital Improvement Program. Opportunities to coordinate public art with projects identified in the City's Five-Year Capital Improvement Program. 59  Adopted Public Art Plans. Locations and priorities identified through adopted corridor-specific, site-specific, or other applicable public art plans.  Streetscape and Roadway Improvements. Opportunities to integrate public art with planned streetscape, roadway, gateway, median, or other public improvements.
 Site Readiness and Public Visibility. The suitability and readiness of the site for installation and the opportunities it provides for public visibility and engagement.
 Technical Considerations. Safety, engineering, accessibility, utilities, site conditions, installation requirements, and ongoing maintenance needs.  Project and Lifecycle Costs. Total anticipated costs associated with development of the site, installation of the artwork, and long-term maintenance and conservation.

C. Citywide Public Art Opportunity Planning
The City may create and maintain a Citywide Public Art Opportunity Map or inventory to identify and evaluate potential locations for future public art. The map or inventory may be incorporated into or maintained as an appendix to the Annual Art in Public Places Work Plan and updated as City priorities, capital projects, site conditions, and opportunities change.

Potential locations may be classified using categories such as:
 Priority Public Art Location – A location identified as a priority for future public art investment.
 Art-Ready Location – A location that is generally suitable and prepared for placement of public art.
 Future Public Art Opportunity – A location with potential for public art as future development, infrastructure, or other improvements occur.  Further Evaluation Required – A potential location requiring additional site, engineering, operational, or other evaluation.
 Completed – A location where a public art project has been completed.  Not Recommended/Retired Opportunity – A location previously considered but no longer recommended for public art.

D. Private Placement
Developer-provided artwork shall be located on the development site in a publicly accessible location consistent with the requirements of Section IV – Site Criteria for Developers.
60 Artwork may be:
 Architecturally integrated into a building, structure, landscape, or other site feature; or
 Installed as a discrete artwork in an exterior location that is visible and accessible to the public.

At the request of the developer, artwork may be considered for placement at an off-site location, subject to City approval and the requirements of the Art in Public Places Program.

VIII. ARTIST AND ARTWORK SELECTION
Artists and artwork considered for the Art in Public Places Program shall be evaluated using criteria appropriate to the type of project, proposed location, method of acquisition, and applicable City plans and priorities.

A. Artist Selection Criteria
The following criteria may be considered when selecting artists for public art projects:
 Artistic and Technical Quality. The aesthetic and technical quality, originality, craftsmanship, and demonstrated artistic ability reflected in the artist’s previous work.
 Relevant Experience. Previous experience with public art projects of a similar scale, scope, complexity, or medium.
 Professional Capability. Demonstrated ability to successfully develop and complete a project in a timely and professional manner.  Collaboration. Ability to communicate ideas effectively and work collaboratively with City staff, design professionals, community representatives, contractors, and other project participants, as applicable.
 Project Appropriateness. The suitability of the artist’s experience, qualifications, and proposed approach for the particular project and location.  Range of Artists. Consideration of a broad range of qualified artists, including nationally recognized, regional, and local artists, as appropriate to the project.

B. Artwork Selection Criteria
Artwork may be evaluated based on the following criteria, as applicable:
 Artistic Quality. The artistic excellence, originality, craftsmanship, and overall quality of the artwork.
 Media and Style. The appropriateness of the artistic medium, materials, style, form, and scale for the proposed project and location.
61  Relationship to the Site. The artwork’s relationship to the character, function, architecture, landscape, and surrounding environment of the proposed location.  Integration and Placemaking. The artwork’s contribution to the identity, visual character, and use of the site, including opportunities for public viewing, interaction, or engagement.
 Intended Audience. The primary and secondary audiences for the artwork, including pedestrians, motorists, residents, visitors, and users of the surrounding area.
 Public Safety and Accessibility. Applicable safety, accessibility, operational, and liability considerations associated with the artwork and its installation.  Installation and Technical Requirements. Structural, engineering, utility, foundation, lighting, site-preparation, permitting, and other technical requirements associated with the artwork.
 Durability and Maintenance. Structural and surface integrity, permanence, resistance to weather, theft, or vandalism, and anticipated maintenance and conservation requirements.
 Collection and Geographic Distribution. The artwork’s contribution to the diversity of the City’s public art collection and the geographic distribution of public art throughout Palm Desert.
 Acquisition and Installation Costs. Total anticipated costs associated with acquisition, commissioning, transportation, engineering, site preparation, installation, lighting, landscaping, and related project requirements.  Lifecycle Costs. Anticipated long-term maintenance, conservation, repair, operational, and other lifecycle costs.

C. Additional Criteria for City-Initiated Projects
In addition to the criteria above, the City may consider the following when selecting, acquiring, commissioning, or placing artwork for a City-initiated project:
 Consistency with priorities identified in the Annual Art in Public Places Work Plan.  Relationship to an identified priority location or an adopted corridor-specific, sitespecific, or other applicable City plan.  Opportunities to expand access to public art in areas underserved by the City’s existing collection.
 Coordination with the Capital Improvement Program, Median Landscape Master Plan, or other planned City improvements.
 Availability and suitability of artwork already owned by the City, including artwork awaiting placement or being considered for relocation.
 Site readiness and technical feasibility, including engineering, utilities, accessibility, safety, installation, maintenance, and operational requirements. 62 D. Selection Methods
Artists and artwork may be selected through one or more of the following methods, depending on the nature and needs of the project:
 Open Competition. A publicly advertised opportunity through which qualified artists may submit materials for consideration.
 Limited Invitation. A selected group of artists is invited to submit qualifications, concepts, or proposals for consideration.
 Direct Invitation. An individual artist is invited to submit a proposal for a specific project.
 Direct Purchase. An existing artwork is considered for purchase for a specific project, location, or addition to the City’s collection.

E. Permanent Artwork Acquisitions and El Paseo Sculpture Exhibition Proposed acquisitions of permanent artwork for the City’s collection, including purchases of artwork exhibited through the El Paseo Sculpture Exhibition, shall be evaluated using the applicable criteria established in this section and the following additional considerations:
 The purchase price in relation to the artwork’s artistic quality, significance, and value to the City’s collection.
 Identification and suitability of a proposed permanent location.  Anticipated transportation, engineering, foundation, site preparation, installation, lighting, landscaping, and other placement requirements.  Suitability of the artwork for long-term public display.  Anticipated maintenance, conservation, and lifecycle costs.  Consistency with the Annual Art in Public Places Work Plan, the Median Landscape Master Plan, adopted public art plans, and other applicable City plans.

A viable permanent location should generally be identified before the City acquires artwork for permanent installation. The proposed location shall be evaluated for its suitability for the artwork, installation requirements, public visibility, maintenance needs, and long-term feasibility. Artwork proposed for installation within a City median should be consistent with the Median Landscape Master Plan and undergo appropriate technical review before acquisition.
63 IX. REVIEW AND APPROVAL PROCESS
Administration of the Art in Public Places Program involves coordination among the Cultural Arts Committee, City staff, other City departments, and the City Council. Review and approval shall be conducted in accordance with the Palm Desert Municipal Code, these guidelines, applicable City policies, and established approval authority.

A. Cultural Arts Committee
The Cultural Arts Committee serves in an advisory capacity to the City Council on matters related to the Art in Public Places Program. Responsibilities of the Committee may include:
 Reviewing and making recommendations regarding proposed public art projects and artwork selections.
 Participating in artist and artwork selection processes, as appropriate.  Reviewing and making recommendations regarding the Annual Art in Public Places Work Plan and annual public art project priorities.  Reviewing and making recommendations regarding proposed City acquisitions of permanent artwork, including permanent acquisitions associated with the El Paseo Sculpture Exhibition.
 Reviewing implementation of adopted public art plans and priorities.  Providing recommendations regarding other public art matters referred to the Committee by the City Council or City staff.
 Participating in the review of Community Public Art Education Program funding recommendations, if assigned through applicable City policy or procedures.

B. Art in Public Places Program Responsibilities
City staff responsible for administration of the Art in Public Places Work Program shall coordinate implementation of the program and may be responsible for:
 Preparing and administering the Annual Art in Public Places Plan.  Monitoring the use, commitment, and availability of Art in Public Places funds consistent with applicable requirements.
 Tracking the planning and implementation of approved public art projects.  Maintaining information regarding the City's public art collection and identifying maintenance and conservation needs.
 Coordinating public art opportunities with capital improvement projects, the Median Landscape Master Plan, adopted public art plans, and other applicable City plans.
 Coordinating artist and artwork selection processes and preparing matters requiring Cultural Arts Committee or City Council consideration. 64  Coordinating with other City departments as necessary for project planning, technical review, installation, maintenance, and administration.

C. Interdepartmental Review
Public art projects shall be coordinated with appropriate City departments based on the nature, location, funding, and technical requirements of the project. Review may include Public Works, Development Services, Capital Projects, City Manager’s Office, Finance, the City Attorney's Office, and other departments or divisions as appropriate.

Interdepartmental review may address matters including site suitability, accessibility, structural and engineering requirements, utilities, traffic and pedestrian safety, landscape and irrigation impacts, permitting, project costs, funding, contracting, maintenance, risk, and other operational or legal considerations.

Permanent artwork proposed within City medians or other infrastructure-sensitive locations shall undergo appropriate technical review prior to final approval and installation.

D. Approval Authority
Approval authority for Art in Public Places Program activities shall be determined in accordance with the Palm Desert Municipal Code, these guidelines, applicable City policies, and established contracting and purchasing authority. Depending on the nature of the action, review or approval may include administrative approval by authorized City staff, recommendation by the Cultural Arts Committee, and/or approval by the City Council.

Actions subject to applicable review and approval requirements may include the Annual Art in Public Places Work Plan, acquisition or purchase of artwork, artist and professional service agreements, permanent installations, Community Public Art Education Program funding, relocation of City-owned artwork, and deaccession of artwork from the City's collection.

Removal, alteration, relocation, replacement, or restoration of privately owned artwork installed to satisfy Art in Public Places requirements shall require City Council approval in accordance with Palm Desert Municipal Code Section 4.10.130.

X. SELECTION AND IMPLEMENTATION PROCESS
The process used to select an artist or artwork shall be appropriate to the type of project and shall follow applicable City requirements and the selection methods established in these guidelines.
65 A. City of Palm Desert Public Process
For City-initiated public art projects and acquisitions, the following general process shall apply:

1. Project Identification. The public art project or acquisition opportunity is identified through the Annual Art in Public Places Work Plan or otherwise authorized by the City.

2. Artist Solicitation or Acquisition Process. Artists are solicited or artwork is considered using an appropriate selection method identified in Section VIII – Artist and Artwork Selection, which may include open competition, limited invitation, direct invitation, or direct purchase.

3. Review of Qualifications or Proposals. Artist qualifications, artwork, concepts, or proposals are reviewed in accordance with the applicable selection criteria and project requirements.

4. Artist or Artwork Selection. A preferred artist, artwork, or proposal is selected and recommended for approval in accordance with the review and approval process established in Section IX.

5. Agreement and Project Development. Following applicable approval, the City enters into the appropriate agreement or acquisition process and proceeds with project design, engineering, fabrication, acquisition, or other necessary project activities.

6. Final Review and Installation. The artwork and proposed installation are reviewed for consistency with approved plans, applicable technical requirements, and City approvals prior to installation.

7. Final Acceptance. Upon completion of installation and satisfaction of applicable project requirements, the artwork is accepted by the City in accordance with established approval authority.

B. Private Development Process
For Developer-provided artwork, the following general process shall apply:

1. The Developer is informed of applicable Art in Public Places requirements through the City's development review process.

2. The Developer coordinates with City staff responsible for administration of the Art in Public Places Program (“Program Administrator”).

3. Applicable Art in Public Places fees or other requirements are addressed in accordance with the Palm Desert Municipal Code.
66 4. The Developer consults with appropriate City staff regarding the proposed artwork, artist, location, and applicable program requirements.

5. An artist and/or artwork is selected by the Developer.

6. The required Art in Public Places application and supporting materials are submitted to the City for review.

7. The proposed artwork, artist, location, and installation are reviewed by appropriate City staff for consistency with applicable Art in Public Places requirements and other City requirements.

8. The Cultural Arts Committee reviews the proposed artwork, artist, location, and installation and makes a recommendation to the City Council.

9. The proposed artwork, artist, location, and installation are submitted to the City Council for final approval.

10.Following City Council approval, the artwork is commissioned, donated, purchased, or otherwise acquired by the developer.

11.The artwork is installed following completion of applicable permits, inspections, agreements, identification requirements, and other conditions of approval.

12.Upon completion and City verification that applicable Art in Public Places requirements have been satisfied, any applicable fee reimbursement or other final administrative action may be processed.

XI. ANNUAL ART IN PUBLIC PLACES WORK PLAN
The City shall prepare an Annual Art in Public Places Work Plan to guide the planning, funding, implementation, and stewardship of the Art in Public Places Program. The Annual Work Plan shall provide an overview of available and committed program funding, identify current and future public art priorities, coordinate public art opportunities with applicable City plans and capital projects, and track the status of the City's public art collection and ongoing projects.

The Annual Plan may be updated as necessary to reflect changes in available funding, project schedules, City priorities, or other circumstances.

A. Annual Art in Public Places Funding
The Annual Work Plan shall provide an overview of available Art in Public Places funding and anticipated expenditures, which may include:
 Beginning Art in Public Places Fund balance.
 Anticipated in-lieu fee and other program revenues.
67  Funds previously committed to approved projects or activities.  Proposed expenditures for the upcoming year, which may include.  Artwork acquisition and installation.
 Maintenance and conservation of the City's public art collection.  El Paseo Sculpture Exhibition expenses and permanent acquisitions.  Community Public Art Education Program funding, subject to the limitation established in Section XII and Palm Desert Municipal Code Section

4.10.030.
 Program administration.
 Appropriate reserves or contingencies.

B. Five-Year Fee Tracking
The Annual Work Plan shall include information necessary to monitor Art in Public Places fees subject to applicable expenditure or commitment requirements. Tracking may include:
 Date funds were received.
 Amount received.
 Amount committed to approved projects or activities.
 Remaining uncommitted balance.
 Proposed use of available funds.
 Anticipated expenditure or commitment date.

C. Annual Project Priorities
The Annual Work Plan shall identify the status and priority of current and proposed public art projects and opportunities. Projects may be identified for:
 Advancement or implementation.
 Planning and development.
 Further study or evaluation.
 Deferral to a future year.
 Completion or closeout.
 Retirement from further consideration.

D. Adopted Public Art Plans
The Annual Work Plan shall incorporate and review priorities established through adopted corridor-specific, site-specific, or other public art plans.

The annual review may address:
 Project status and priorities.
68  Available or anticipated funding.
 Proposed artwork locations.
 Partnership opportunities.
 Community engagement needs.
 Changes in site conditions or implementation priorities.

E. Median Landscape Master Plan
The Annual Work Plan shall coordinate public art planning with the City's Median Landscape Master Plan and may identify:
 Priority medians for public art.
 Art-ready locations.
 Planned median rehabilitation or improvement projects.  Existing artwork that may be affected by planned improvements.  Opportunities for future public art installations.

F. El Paseo Acquisition Plan
The Annual Work Plan may identify artwork from the El Paseo Sculpture Exhibition under consideration for permanent acquisition and shall consider, as applicable:
 Artwork under consideration.
 Proposed permanent location.
 Purchase price.
 Estimated transportation and installation costs.
 Engineering, foundation, lighting, landscaping, or other site requirements.  Anticipated maintenance and conservation needs.
 Estimated total cost associated with permanent acquisition and installation.

G. Capital Improvement Coordination
The Annual Work Plan shall identify opportunities to coordinate public art with the City's Capital Improvement Program and other planned infrastructure projects.

Public art opportunities should be evaluated sufficiently early in project development to allow artwork, site preparation, utilities, foundations, landscaping, and other necessary improvements to be appropriately incorporated into project planning and design.

H. Collection and Maintenance
The Annual Work Plan shall identify significant collection-management needs and priorities, including:
 Routine or anticipated artwork maintenance.
69  Conservation needs.
 Artwork currently in storage.
 City-owned artwork awaiting permanent placement.
 Potential artwork relocations.
 Artwork that may warrant evaluation for deaccession.

I. Multi-Year Project Pipeline
The Annual Work Plan should include a three- to five-year forecast of anticipated public art projects and opportunities. The forecast may identify anticipated timing, funding needs, potential locations, related capital projects, and other factors affecting future implementation.

The multi-year pipeline is intended as a planning tool and may be adjusted annually based on available funding, project readiness, City priorities, and changing circumstances.

J. Performance Measures
The Annual Work Plan may include performance measures to evaluate implementation of the Art in Public Places Program, including:
 Program funding and expenditures.
 Projects initiated, underway, and completed.
 Artwork acquisitions.
 New installations.
 Maintenance and conservation activities.
 Geographic distribution of public art.
 Community Public Art Education Program activities and outcomes.

K. Annual Review and Approval
The Annual Art in Public Places Work Plan shall be reviewed by the Cultural Arts Committee and presented to the City Council for consideration and approval in accordance with Section IX of these guidelines.

XII. COMMUNITY PUBLIC ART EDUCATION PROGRAMS
The City may allocate up to five percent of the annual Art in Public Places budget for qualifying Community Public Art Education Programs, consistent with Palm Desert Municipal Code Section 4.10.030. This funding is discretionary, and nothing in this section requires the City to allocate or expend the full amount available in any year.

This section does not establish a grant program, application cycle, entitlement to funding, or requirement that the City solicit or accept funding requests. The City may 70 identify, initiate, sponsor, contract for, or partner in qualifying programs consistent with the Annual Art in Public Places Work Plan, available funding, and established approval authority.

Funding under this section is not intended to provide general operating support or general arts funding unrelated to public art.

A. Purpose
Community Public Art Education Program funding may support activities that:
 Increase public awareness, understanding, and appreciation of public art.  Provide educational opportunities related to the City's public art collection.  Increase public engagement with artists and the public art process.  Provide opportunities for residents, students, visitors, and community organizations to learn about or participate in public art.  Support interpretation and educational programming associated with public artwork, artists, exhibitions, or public art projects.

B. Annual Funding
Funding for Community Public Art Education Programs shall be considered annually through the Annual Art in Public Places Work Plan and shall not exceed five percent of the annual Art in Public Places budget. For purposes of calculating this limitation, the annual Art in Public Places budget shall be based on the total Art in Public Places Program expenditures approved by the City Council for the applicable fiscal year. The City is not required to allocate or expend the maximum amount available.

The Annual Work Plan may identify the total amount, if any, proposed for Community Public Art Education Programs and may establish annual priorities, funding limitations, cost-sharing expectations, or other conditions appropriate to City-supported programs and partnerships.

C. Eligible Programs and Partnerships
The City may provide qualifying Community Public Art Education Programs directly or in partnership with nonprofit organizations, cultural arts organizations, educational organizations, museums and cultural institutions, community-based organizations, schools, artists, or other entities determined by the City to be appropriate.

Identification of an organization in this section does not create eligibility for, or an entitlement to, City funding.

D. Eligible Activities
71 Eligible activities shall demonstrate a clear educational or community-engagement connection to public art and may include, but are not limited to:
 Public art workshops and educational programs.
 Guided or self-guided public art tours.
 Lectures, presentations, panel discussions, and educational events related to public art.
 Youth education programs related to public art.
 Artist demonstrations, talks, and educational interactions.  Programs related to the City's public art collection.  Interpretive materials, educational resources, and other materials that increase understanding of public art.
 Community participation in temporary, collaborative, or participatory public art projects.
 Other educational activities that advance public awareness, understanding, or engagement with public art.

E. Ineligible Uses
Community Public Art Education Program funding shall not be used for:
 General operating support for an organization.
 General arts programming that does not demonstrate a clear connection to public art.
 Fundraising activities.
 Cash awards or prizes.
 Re-granting or redistribution of City funds to another organization or individual.  Political or lobbying activities.
 Private events or activities that do not provide an appropriate public benefit.  Expenses already reimbursed or paid by another funding source.  Other expenditures determined by the City to be inconsistent with the purposes of the Art in Public Places Program.

F. Other City and Outside Funding
Organizations receiving City funding or participating in a City-supported program shall disclose all other City financial assistance, in-kind support, facility use, reduced or nominal lease arrangements, sponsorships, or other City resources received in connection with the organization or proposed program, as well as other outside funding associated with the proposed activity.

In determining whether to provide funding, the City may consider the total level of City support already provided to the organization, including both direct financial assistance 72 and in-kind or non-monetary support. Receipt of other City support does not automatically make an organization or program ineligible for funding; however, the City may reduce, condition, or decline additional funding when it determines that the proposed funding would result in duplicative or disproportionate City support.

Community Public Art Education Program funds shall not be used to reimburse costs already funded or reimbursed through another City program, grant, sponsorship, or other funding source.

The City may allow or encourage the use of non-City grants, sponsorships, donations, partnerships, or other funding sources to supplement Community Public Art Education Program funding when appropriate.

G. Program Evaluation
Before funding or supporting a program under this section, the City shall obtain sufficient information to determine whether the proposed activity is consistent with the purposes and requirements of this section. Information considered by the City may include the program description, connection to public art, anticipated community benefit, proposed budget, other funding sources, participants, project partners, goals, and anticipated outcomes.

The City may establish administrative procedures, documentation requirements, agreements, and funding conditions necessary to evaluate and administer programs under this section. These requirements are intended for the administration of Cityidentified or City-supported programs and do not establish an open application cycle or competitive grant process.

H. Metrics and Reporting
Organizations receiving funding or participating in a City-supported program shall provide information sufficient for the City to evaluate the use of funds and the results of the supported program or activity.

Reporting may include, as applicable:
 Total participants served.
 Palm Desert residents served.
 Youth or senior participation.
 Artists and community partners involved.
 Availability of free or publicly accessible programming.  Programs, activities, or educational materials delivered.  Expenditures and use of City funds.
 Participant outcomes.
73  Increased awareness, understanding, or engagement with public art. 74 City of Palm Desert, CA
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ART
Chapter 4.10

ART IN PUBLIC PLACES
§ 4.10.010. Purpose.
§ 4.10.020. Program execution.
§ 4.10.030. Art in public places fund.
§ 4.10.040. Applicability.
§ 4.10.050. Certificates of occupancy.
§ 4.10.060. Program allocations.
§ 4.10.070. Application procedures for
placement of artwork on
private property.
§ 4.10.080. Approval for placement of
artwork on private
property.
§ 4.10.090. Application procedure for
acceptance of artwork
donated to the city.
§ 4.10.100. Review of application for
acceptance of artwork
donated to the city.
§ 4.10.110. Ownership of artwork.
§ 4.10.120. Artwork on public property.
§ 4.10.130. Removal or alteration of
artwork.
§ 4.10.140. Return of fees.
75 City of Palm Desert, CA
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 § 4.10.010 ART § 4.10.040
CHAPTER 4.10

ART IN PUBLIC PLACES
§ 4.10.010. Purpose.

The city council finds and declares as follows:

A. Cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting the city.

B. Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.

C. As development and revitalization of the real property within the city continues, the opportunity for creation of cultural and artistic resources is diminished.

D. As this development and revitalization continues as a result of market forces, urbanization of the community results.

E. As these opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.

F. Development of cultural and artistic assets should be financed by those whose development and revitalization diminishes the availability of the community's resources for those opportunities and contributes to community urbanization.

G. Establishment of this art in public places program will promote the general welfare through balancing the community's physical growth and revitalization and its cultural and artistic resources.

H. In promotion of the foregoing objectives, the city council through Ordinance No. 473 previously established an art in public places program and fund.

I. It is the purpose of this chapter to modify, clarify, and codify the city's existing art in public places program.
(Ord. 673 § 1, 1992)
§ 4.10.020. Program execution.

The City Manager, or the City Manager's designee, shall administer and implement the Art in Public Places Program and this chapter. For purposes of this chapter, “Program Administrator” means the City Manager or the City department, officer, employee, or other designee assigned by the City Manager to administer the program.

The Palm Desert civic arts committee, art in public places selection subcommittee, and public art department shall carry out the duties established by this chapter. (Ord. 673 § 1, 1992)
§ 4.10.030. Art in public places fund.

There is a fund, established pursuant to Ordinance No. 473, known as the "art in public places fund" into which shall be deposited all fees paid pursuant to this chapter. This fund shall be maintained by the finance department city treasurer, and shall be used for the acquisition, installation, improvement, and maintenance of artwork to be displayed in the city, the administration of the art in public places program, and for community public art education 76 City of Palm Desert, CA
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 programs, provided that expenditures for such education programs shall not exceed five percent of the annual Art in Public Places budget. For purposes of this section, the annual Art in Public Places budget shall be based on the total Art in Public Places Program expenditures approved by the City Council for the applicable fiscal yearnot to exceed five percent of the annual budget. (Ord. 673 § 1, 1992)
77 City of Palm Desert, CA
§ 4.10.040 ART § 4.10.060
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 § 4.10.040. Applicability.

A. All individual residential units whose building permit valuation is in excess of one hundred thousand dollars shall be subject to the provisions of this chapter. An "individual residential unit" is defined as not more than one single-family dwelling which is to be constructed on a lot located in an existing subdivision. With respect to all other residential development (that is, developments designed to be used as homes for human habitation), the total building permit valuation shall be subject to the provisions of this chapter.

B. All commercial development (that is, developments other than residential development and public facilities) within the city shall be subject to the provisions of this chapter.

C. All public facilities constructed within the city by the City or any other public agency shall be subject to the provisions of this chapter, except for street and drainage projects All public facilities (that is, projects designed for use by the general public) constructed by the city and its redevelopment agency or by any other government entity within the city's jurisdiction shall be subject to the provisions of this chapter, except for street and drainage projects. (Ord. 673 § 1, 1992; Ord. 732 § 1, 1993)
§ 4.10.050. Certificates of occupancy.

The following requirements must be met prior to the city's issuance of occupancy permits.

A. Full compliance with one or more of the following:

1. The approved artwork has been placed in a manner satisfactory to the Program Administrator tcommunity arts manager;

2. In-lieu art fees have been paid;

3. Financial security in an amount equal to the acquisition and installation costs of an approved artwork, in a form approved by the city attorney, has been posted; and

4. Donation of an approved artwork has been accepted by the city council.

B. Execution and recordation with the Riverside County recorder by the applicant of covenants, conditions, and restrictions (CC&Rs), in a form approved by the city manager and the city attorney, which require the property owner, successor in interest, and assigns to maintain the public art in good condition as required by the Public Art Guidelines.

C. Submission of the following to the city clerk's office:

1. A statement which indemnifies, defends, and holds the city and related parties harmless from any and all claims or liabilities from the artwork, in a form acceptable to the city attorney; and

2. Certificate of public liability insurance naming the city as an additional insured, including such coverage and liability limits as may be specified by the city manager.

D. Satisfaction of the entire program allocation required by Section 4.10.060 for the project. (Ord. 673 § 1, 1992)
§ 4.10.060. Program allocations.

A. The program allocation, as used in this chapter, is the percentage of the building cost which 78 City of Palm Desert, CA
§ 4.10.060 PALM DESERT CODE § 4.10.080
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 is set aside for the city's art in public places program and shall be as follows: for individual residential units, an amount equal to one-quarter of one percent for that portion of the total building valuation in excess of one hundred thousand dollars; for all other residential development, including two or more single-family dwellings being built concurrently in the same tract by the same owner or contractor, an amount equal to one-quarter of one percent of the total building valuation; for commercial development, an amount equal to one-half of one percent of the total valuation, excluding land acquisition and off-site improvement costs; for public facilities, an amount equal to one percent of the total building valuation.

Total building valuation shall be determined using the valuation methodology or data adopted by the building official The total building valuation shall be computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) unless, in the opinion of the building official, a different valuation measure should be used.

B. In lieu of placement of an approved artwork, the applicant may pay to the art in public places fund an amount equal to the program allocation set forth in subsection A of this section.

C. Nothing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocations; provided that the applicant shall also pay to the art in public places fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.
(Ord. 673 § 1, 1992; Ord. 732 § 2, 1993)
§ 4.10.070. Application procedures for placement of artwork on private property.

An application for placement of artwork on private property shall be submitted to the Program Administrator public art department and shall include:

A. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork, the resume of the artist as well as evidence of previous work and efforts of the artist;
B. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs;
C. Preliminary plans containing such detailed information as may be required by the Program Administrator public art department to adequately evaluate the location of the artwork in relating to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and D. A narrative statement to be submitted to the Program Administrator public art department to demonstrate that the artwork will be displayed in an area open and freely available to the general public, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site. (Ord. 673 § 1, 1992; Ord. 1245 § 1, 2012)
§ 4.10.080. Approval for placement of artwork on private property.

A. Completed applications shall be submitted to the Program Administrator public art department for review and approval of the artwork.
79 City of Palm Desert, CA
§ 4.10.080 ART § 4.10.110
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 B. The Program Administrator public art department shall review the completed application and make a recommendation to the cultural arts committee art in public places commission concerning the proposed artwork and its proposed location, considering the aesthetic quality and harmony with the proposed project, and the public accessibility to the artwork, including any recommended conditions of approval.

C. The cultural arts committee art in public places commission shall consider the recommendations of the Program Administrator’s recommendation and make a recommendation to the City Council regarding the proposed artwork, its location, and any conditions of approval. public art department in its review and approval of the proposed project.

D. D. If significant revisions to the architecture, physical design, or layout of the proposed project materially affect the artwork or its location, the application shall be returned to the Program Administrator for review. Such revisions may be proposed by the applicant, recommended by the Cultural Arts Committee, or required by the City Council. The Program Administrator shall determine whether the revisions require further review by the Cultural Arts Committee prior to final consideration by the City Council. Modifications directed by the City Council shall not require further review by the Cultural Arts Committee unless specifically requested by the City Council.If the applicant proposed or the planning commission or city council recommends significant revisions to the architecture or physical design and layout of the proposed project subsequent to receipt of the art in public places commission's approval, the application shall be returned to the public art department for further review and recommendation concerning the revised proposal prior to resubmittal to the planning commission for final review and approval.

E. The recommendation of the cultural arts committee shall be forwarded to the city council for consideration. The city council shall have final approval authority over the proposed artwork and its location, including any conditions of approval..The decision of the art in public places commission is subject to a fifteen-day review period by the city council, then becomes final. During this fifteen-day review period any person may appeal a art in public places commission decision to the city council, who shall conduct a hearing thereon. The decision of the city council shall be final.
(Ord. 673 § 1, 1992; Ord. 1245 § 2, 2012)
§ 4.10.090. Application procedure for acceptance of artwork donated to the city.

An application for acceptance of artwork to be donated to the city shall include:

A. Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork; B. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs;
C. A written agreement executed by or on behalf of the artist who created the artwork which expressly waives his or her rights under the California Art Preservation Act or other applicable law; and
D. Other information as may be required by the Program Administrator public art department to adequately evaluate the proposed donation of artwork. (Ord. 673 § 1, 1992)
§ 4.10.100. Review of application for acceptance of artwork donated to the city. 80 City of Palm Desert, CA
§ 4.10.080 ART § 4.10.110
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 A. Prior to the issuance of grading and building permits, the applicant shall present to the Program Administrator public art department an application for acceptance of artwork donated to the city for review and recommendation to the city council. The city encourages the applicant to submit an application prior to the development of the architect's schematic design.

B. Recommendations shall be forwarded to the city council, which shall have the sole authority to accept or reject or conditionally accept the donation. (Ord. 673 § 1, 1992)
§ 4.10.110. Ownership of artwork.
81 City of Palm Desert, CA
§ 4.10.110 PALM DESERT CODE § 4.10.130
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 A. All artwork placed on the site of an applicant's project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site. If the artwork is not maintained in the manner prescribed by the Public Art Guidelines, the occupancy permit for the project may be revoked by the city council upon due notice and an opportunity to be heard.

B. Maintenance of artwork, as used in this chapter, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the city, protection of the artwork against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the city attorney. Prior to placement of an approved artwork, applicant and owner of the site shall execute and record a covenant in a form approved by the city for maintenance of the artwork. Failure to maintain the artwork as provided in this chapter is declared to be a public nuisance.

C. In addition to all other remedies provided by law, in the event the owner fails to maintain the artwork, upon reasonable notice, the city may perform all necessary repairs, maintenance or secure insurance, and the costs therefor shall become a lien against the real property.

D. All artwork donated to the city shall become the property of the city upon acceptance by the city council.
(Ord. 673 § 1, 1992)
§ 4.10.120. Artwork on public property.

A. The Program Administrator public art department shall prepare and submit to the cultural arts committee art in public places commission an annual work plan for the art in public places program. The work plan shall identify proposed program priorities, projects, funding, maintenance needs, and other program activities.

B. The Program Administrator public art department may recommend to the cultural arts committee art in public places commission the purchase of artwork to be displayed on public property, which recommendation the committee commission may submit to the city council.

A recommendation shall include the type of artwork considered, an analysis of the constraints applicable to placement of the artwork on a site, the need for a practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork. (Ord. 673 § 1, 1992; Ord. 1245 § 3, 2012)
§ 4.10.130. Removal or alteration of artwork.

A. Public art installed on or integrated into a construction project pursuant to the provisions of this chapter shall not be removed or altered without the approval of the city council. If such public art is knowingly removed or altered without prior approval from the city council public art department, the occupancy permit for the project may be revoked by the city council upon due notice and an opportunity to be heard. The city may in addition pursue any other available civil or criminal remedies or penalties.

B. If any artwork provided on a development project pursuant to the provisions of this chapter is knowingly removed or altered by the property owner without the approval of the city council public art department, the property owner shall contribute funds equal to the development project's original public art requirement to the city's art in public places fund, or replace or restore the artwork as appropriate, with such replacement or restoration subject to approval by the city council.removed artwork with one which is of comparable value 82 City of Palm Desert, CA
§ 4.10.110 PALM DESERT CODE § 4.10.130
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 and approved of by the public art
83 City of Palm Desert, CA
§ 4.10.130 ART § 4.10.140
Downloaded from https://ecode360.com/PA4981 on 2026-09-09 department. If this requirement is not met, the occupancy permit for the project may be revoked.
(Ord. 673 § 1, 1992)
§ 4.10.140. Return of fees.

A. Fees paid into the art in public places fund which are not committed within five years from the date of payment may be returned to the then current owner of the development project, with all interest actually earned thereon, if a written request for return is filed with the city clerk during the fifth year after payment, and refund of the fees is approved by the city council. The request for return shall be verified, and include the date of payment, the amount paid and method of payment, the location of the new development for which the fee was paid, and a statement that the applicant is the payor of the fees or the current owner of the development project.

B. The city council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the city council determines any one of the following applies:

1. The city council finds the fee is needed for the art in public places program;

2. Moneys were not posted as fees, but were satisfied by letter of credit, bond or other instrument taken to secure payment at a future date;

3. The administrative costs of refunding uncommitted fees pursuant to this chapter exceeds the amount to be refunded; provided, notice of a public hearing on this issue has been published and posted on the site of the development project in not less than three places.
(Ord. 673 § 1, 1992)
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100
Study Session – Proposed
updates to AIPP
Guidelines and Municipal
Code
Art in Public Places
101
Background
Art in Public Places Program:
• Established in 1986
• Municipal Code Chapter 4.10 established AIPP
program and fund
• Current program guidelines adopted in 2018
• Existing guidelines primarily focus on public
art associated with development
• AIPP program has expanded over time
102
Current AIPP Program
• Developer-provided art and
in-lieu fees
• City-initiated public art
projects
• El Paseo Sculpture
Exhibition
• Art donations
• Maintenance and
conservation
• Planning and site
identification
• Community Public Art
Education Programs
• Current guidelines do not
103
Update Goals
• Preserve existing developer public art
framework
• Establish a more comprehensive Citywide AIPP
program
• Improve long-term planning and prioritization
• Better coordinate public art with City projects
and infrastructure
• Clarify roles and approval responsibilities
• Establish clear guidelines for acquisitions,
maintenance, and funding
104
Guideline Updates
• Proposed updates do NOT change the
following:
• Program requirements
• Site criteria for developers
• Budgetary guidelines for developers
• Private ownership and maintenance
requirements
• Criteria for art placement
• Art selection methods
• Cultural Arts Committee responsibilities 105
Guideline Updates
• Proposed updates
include clarifying
language
• Additional sections:
• Citywide public art
opportunity planning
• Additional criteria for
City-initiated projects
• Annual AIPP Work Plan
• Community public art
education programs
106
Community Art Education
• Current Municipal Code allows up to 5%
of the annual AIPP budget for community
art education programs.
• Proposed guidelines
• Retain 5% maximum for public art education
programs
• Establish clearer eligibility and review
criteria
• Allow City-initiated programs/partnerships
• Does NOT establish a grant program or
Fiscal Year Total Annual
Budget
5% of Annual
Budget
2026-2027 $1,966,961 $98,348
107
Community Art Education Programs
• Increase public awareness, understanding,
and/or appreciation of public art
• Provide educational opportunities related
to the City’s public art collection
• Increase public engagement with artists and
the public art process
• Provide opportunities for the community to
participate in public art
• Support educational programming associated
with public artwork, artists, exhibitions,
or projects
108
Community Art Education Programs
• Eligible activities:
• Public art workshops and tours
• Lectures, presentations, or educational events
related to public art
• Artist demonstrations
• Community participation in public art projects
(community mural)
• Ineligible activities:
• General operating support or programming that does
not demonstrate clear connection with public art
• Fundraising activities
• Cash awards or prizes
• Expenses already reimbursed or paid by another
funding source
109
Community Art Education Programs
• Staff may consider the total level of City support
already provided to an organization
• Additional considerations include:
• Anticipated community benefit
• Participants
• Program goals and anticipated outcomes
• Overall connection to public art
• If awarded funding, organizations will report on:
• Number of participants served
• Artists and community partners involved
• Programs/activities completed
• How City funds were spent
• Program outcomes
110
Annual AIPP Work Plan
• Updated guidelines
establish a clear work
plan to include:
• Funding information and
anticipated expenditures
• Identifying public art
locations and
opportunities
• Adopted plans (Median
Landscape Master Plan &
El Paseo Exhibition)
• Maintenance and
conservation
• Multi-year planning
111
Municipal Code Updates
Current Code Updated Code
City Treasurer Finance Department
Community Arts Manager/Public Art
Department
Program Administrator
Art in Public Places Commission Cultural Arts Committee The Palm Desert civic arts committee,
art in public places selection
subcommittee, and public art
department shall carry out the duties
established by this chapter.

The City Manager, or the City
Manager's designee, shall administer
and implement the Art in Public
Places Program and this chapter. For
purposes of this chapter, “Program
Administrator” means the City Manager
or the City department, officer,
employee, or other designee assigned
by the City Manager to administer the
program.

Total building valuation shall be
computed using the latest building
Total building valuation shall be
determined using the valuation
112
Municipal Code Updates
Current Code Updated Code
The art in public places commission
shall consider the recommendations of
the public art department in its
review and approval of the proposed
project
The cultural arts committee shall
consider the Program Administrator’s
recommendation and make a
recommendation to the City Council
regarding the proposed artwork, its
location, and any conditions of
approval
The decision of the art in public
places commission is subject to a
fifteen-day review period by the city
council, then becomes final. During
this fifteen-day review period any
person may appeal an art in public
places commission decision to the
city council, who shall conduct a
hearing thereon. The decision of the
city council shall be final.

The recommendation of the cultural
arts committee shall be forwarded to
the city council for consideration.

The city council shall have final
approval authority over the proposed
artwork and its location, including
any conditions of approval.
113
Municipal Code Updates
Current Code Updated Code
The public art department shall
prepare and submit to the art in
public places committee an annual
plan for the AIPP program.

The Program Administrator shall
prepare and submit to the cultural
arts committee an annual work plan
for the AIPP program. The work plan
shall identify proposed program
priorities, projects, funding,
maintenance needs, and other program
activities.

If any artwork provided on a
development project pursuant to the
provisions of this chapter is
knowingly removed by the property
owner without approval of the public
art department, the property owner
shall contribute funds equal to the
development project’s original public
art requirement to the City’s AIPP
fd lhd k
If any artwork provided on a
development project pursuant to the
provisions of this chapter is
knowingly removed or altered by the
property owner without approval of
the city council, the property owner
shall contribute funds equal to the
development project’s original public
art requirement to the City’s AIPP
fd lh
114
City Council Direction
• Continuation of 5% of the annual AIPP budget to
be used for community public art education
programs
• AIPP Work Plan
• Additional priorities or policy considerations to
be incorporated into AIPP guidelines and/or
Municipal Code
115

Palm Desert City CouncilOctober 8, 2026

Palm Desert City Council
October 8, 2026