Ordinance - 2117ORDINANCE NO. 2117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 17 (PLANNING) OF
THE WEST COVINA MUNICIPAL CODE RELATED TO THE
ESTABLISHMENT OF AN ART IN PUBLIC PLACES PROGRAM
•WHEREAS, on June 4, 2002, the City Council reviewed the concept of an "Art In Public
Places" for the City and gave direction to develop such a program for its consideration; and
WHEREAS, on June 22, 2004, the Planning Commission reviewed the draft Art In Public
Places Ordinance and its was the consensus of the Planning Commission to recommend its
approval to the City Council with amendments; and
WHEREAS, the City Council finds and determines that the establishment of an Art In
Public Places Program for the City of West Covina would be beneficial and serve to promote the
public health, safety, and welfare for the following reasons:
1. Cultural and artistic resources enhance the quality of life for persons who live, work, and
visit the City.
2. Balanced development of cultural and artistic resources preserves and improves the
quality of the urban environment and increases real property values.
3. As development and revitalization of real property within the City continues, the
opportunity for creation of cultural and artistic resources is diminished. As this
development and revitalization continues as a result of market forces, urbanization of the
community results. 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.
4. Development of cultural and artistic assets should be financed by those whose
dvelopment and revitalization diminishes the availability of the community's resources
for those opportunities and contributes to community urbanization.
5. Establishment of the 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.
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a regular City Council meeting
held on the 20`h day of July, 2004; and
NOW THEREFORE, the City Council of the City of West Covina does resolve as
follows:
SECTION NO. 1: The City Council of the City of West Covina hereby amends Chapter
17 (Planning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 2: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
PASSED AND APPROVED on this 17`h day of August, 2004.
04164r.�t —
ATTEST: ayor Michael L. Miller
City Clerk Janet Berr
;j 1,
Ordinance No. 2117
Page 2
I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the
foregoing Ordinance was regularly introduced and placed upon its first reading at a special
meeting of the City Council on the 27`h day of July, 2004. That, thereafter, said Ordinance was
duly adopted at a regular meeting of the City Council on the 17`h day of August 2004.
• AYES: Herfert, Hernandez, Wong, Miller
NOES: Sanderson
ABSENT: None
APPROVED AS TO FORM:
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City Clerk Janet Berr
Ordinance No.
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EXHIBIT "A"
Chapter 17.
PLANNING
• ARTICLE I. ART IN PUBLIC PLACES
Division 1. Purpose
Sec.17-1. Purpose.
The City Council finds and declares:
(a) Cultural and artistic resources enhance the quality of life for persons who live,
work, and visit 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 real property within the City continues, the
opportunity for creation of cultural and artistic resources is diminished. As this development and
revitalization continues as a result of market forces, urbanization of the community results. 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.
(d) Development of cultural and artistic assets should be financed by those whose
dvelopment and revitalization diminishes the availability of the community's resources for those
opportunities and contributes to community urbanization.
(e) Establishment of the 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.
Division 2. Definitions
Sec. 17-2. Definitions.
Applicant. The owner of the property or the tenant utilizing the property and seeking
required permits.
Artwork Original works of art, including, but not limited to, the following categories:
sculpture, mural or portable painting, mosaic, fountains, earthwork, firework, neon glass mosaic,
photograph, print, calligraphy, or other forms of physical hard media. These categories may be
realized through such mediums as steel, bronze, stained glass, concrete, wood, ceramic tile and
stone, as well as other suitable materials.
City Manager. The City Manager of the City of West Covina or his/her designee.
Eligible fund A source fund for construction projects construction cost) from which art is
not precluded as an object of expenditure. Construction cost excludes costs of real property
acquisition, demolition, equipment, normal major maintenance, financing, advertising and legal
fees, and costs paid from contingency reserve funds, capital reserve or interest earnings on city bond
proceeds.
Performing arts. Performances presented by professional or amateur performers, including
theater performance (any form of dramatic presentation, spoken or silent); musical theater/opera
(any dramatic performances of which music is an integral part; dance (any form of rhytlunical
movement); music/concert (any musical form whether classical or popular); and children's theater
(any theater for young audiences, for or by children).
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Planning Commission. The Planning Commission of the City of West Covina.
Planning Director. The planning director of the City of West Covina or his/her designee.
Project cost. The total value of the improvements for a project, excluding land value, as
.determined by the Public works Director, and indicated on the building permit(s) that are issued for
that project.
Public place. Any exterior area on public or private property which is easily accessible and
clearly visible to the general public, such as a street or other public thouroughfare, sidewalk, parks,
and plazas.
Public Works Director. The Public Works Director of the City of West Covina or his/her
designee.
Division 3. Projects Subject to Art In Public Places Program
Sec. 17.3. Projects subject to requirements.
Except as may be exempted pursuant to Section 17-3 below, the requirements of this
subchapter shall apply to the following types of projects:
(a) Residential projects. New residential projects consisting of the subdivision of ten
(10) or more residential lots and/or the construction of ten (10) or more dwelling
units.
(b) New nonresidential projects. New nonresidential (i.e. commercial, office, or
industrial) projects having total projects costs of $500,000 or more as determined
by the city's valuation of building permits issued for the project.
(c) Expansion/Remodel of nonresidential projects. Expansion and/or remodeling of
existing nonresidential (i.e. commercial, office, or industrial) projects having total
project costs of $250,000 or more as determined by the city's valuation of
building permits issued for the project.
(d) Mixed use projects. Projects consisting of both residential and nonresidential
development that meet one or more of the criteria listed in subparagraphs (a)
through (c) above.
(e) City projects. City capital improvement projects involving construction of public
buildings or facilities and having project costs of $500,000 or more as determined
by the Public Works Director.
Sec. 17.4. Exempt projects.
The following projects shall be exempt from the requirements of this subchapter:
(a) Affordable/senior citizen housing. Residential or mixed use projects involving the
construction or remodeling of dwelling units restricted to sale, rent, or occupancy
by low- to moderate -income households and/or senior citizen households.
(b) Civic, cultural, or governmental facilities. Projects consisting of the construction,
expansion, or remodeling of facilities of a civic or cultural nature or facilities
owned by governmental agencies, except "city projects" as listed under Section
17-2(e) above.
(c) Reconstruction or repair of damaged ,facilities. Projects consisting of the
reconstruction or repair of facilities that have been damaged or destroyed by fire,
flood, wind, earthquake, acts of terrorism, or other calamity.
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Division 4. Requirements for Art In Public Places Program
See.17-5. Requirements.
When a project is subject to the requirements of this subchapter, the applicant shall
.comply with the provisions of wither subparagraph (a) or (b) of this section or a combination of
both.
(a) Artwork contribution.
(1) The project applicant shall acquire and install artwork in a public place on
or in the vicinity of the project site as approved by the Planning Commission pursuant to this
Article.
(2) The cost or value of such artwork shall approximate the amount of the in -
lieu contribution that would be made under division (b) of this section.
(3) A project applicant may acquire and install artwork in a public place not
on the applicant's property (the "Substitute Site") subject to approval by the Planning
Commission.
(b) In -lieu contribution.
(1) In -lieu of providing artwork in compliance with subsection (a) above, for
residential projects, the project applicant may elect to pay an in -lieu fee
equal to one-half (1/2) percent of the total project costs, excluding land,
and for nonresidential projects, the project applicant may elect to pay an
in -lieu fee equal to one (1) percent of the total project costs, excluding
land.
(2) Payment of in -lieu fees shall be made by the applicant prior to issuance of
a building permit, unless otherwise provided by the City Council.
Division 5. Administration and Processing
Sec. 17.6. Project screening.
(a) Upon application for land use entitlements and/or building permits, the Planning
Director shall determine whether a project is subject to the requirements of this Article. The
Planning Director may require the submission of additional information regarding project
valuation to assist in making this determination.
(b) Within thirty (30) days of the date of applying for entitlements or permits, the
Planning Director shall determine whether a project is subject to the requirements of this Article
or shall request additional information in writing to assist in making this determination. If
additional information is requested, the Planning Director shall make his/her determination
within thirty (30) days of receiving all requested additional information.
Sec. 17-7. Art In Public Places Application.
(a) Application. For projects which are subject to the requirements of this Article and
which decide to not fulfill the requirements of this subchapter through the payment of in -lieu
fees as set forth in Section 17-4(b), the project applicant shall submit an Art In Public Places
application form to the Planning Department. The application shall set forth the manner in
which the applicant proposes to fulfill the requirements of this Article, including whether the
fulfillment shall be by on -site artwork contribution, off -site artwork contribution, in -lieu
contribution, or any combination thereof.
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(b) Planning Commission review. The Planning Commission shall be responsible for
reviewing and rendering decisions regarding Art In Public Places applications. The
determination of the Planning Commission shall be final unless appealed to the City Council
within ten (10) days of the Planning Commission decision pursuant to procedures set forth in
Section 26-212.
Sec. 17-8. Completion of Requirements.
(a) In -lieu contribution. No project grading or building permits may be issued until
all in -lieu contributions have been paid in full pursuant to the approved Art In Public Places
application.
(b) Artwork contribution. When the project applicant has elected to fulfill the
requirements of this Article in full or in part through an artwork contribution pursuant to an
approved Art In Public Places application, the certificate of occupancy or final building permit
shall not be issued until the approved artwork(s) has been fully installed and completed in a
manner satisfactory to the Planning Director.` At the discretion of the Planning Director, an in -
lieu contribution in the amount of the valuation of the approved artwork may be made as a
deposit to secure the proper installation of artwork subsequent to the issuance of a certificate of
occupancy or final building permit. Upon proper installation of the approved artwork, the
deposit shall be refunded. After one (1) year following the deposit of an in -lieu contribution, the
City may elect to cancel the requirement for the approved artwork and retain the deposit as
fulfillment of the requirement for this Article.
Division 6. Art In Public Places Fund
Sec. 17-9. Fund Created.
There is hereby created an Art In Public Places Fund. All monies collected in accordance
with this Article, and in particular in accordance with the in -lieu contribution provisions of this
Article, shall be deposited into this fund. The Art In Public Places Fund may also be used as a
depository for endowments, bequests, grants, or donations.
Sec. 17-10. Accounting.
The City Manager shall establish accounting records sufficient to identify and control the
Art In Public Places fund. The account containing these funds shall earn interest and the earned
interest shall be used for and be subject to the same restrictions set forth in Section 17-10.
Sec. 17-11. Use of Funds.
Monies in the Art In Public Places Fund may only be used for the following purposes:
(a) The purchase, commission, and/or installation of public artwork.
(b) Maintenance or restoration of public artwork.
(c) Art education programs and events.
(d) Plaques and signage.
(e) Publicity and promotional materials for public art programs and functions.
(f) Training and development for staff and commissioners involved in the
administration of the Art In Public places program.
(g) Other costs directly associated with the administration of the Art In Public Places
Program as set forth in the annual program budget.
. Sec. 17-12. Budget and Work Program.
The Art In Public Places Program shall have an annual administrative budget that shall be
included as part of the City's budget. In conjunction with the annual budget, a work program
shall be prepared each year which shall set forth a plan for use and expenditure of funds. The
work program should specify locations for proposed artworks, approximate value of artworks,
and the selection process to be used for commissioning or purchasing artworks. The Planning
Commission shall review the annual work program and render a recommendation for final
approval by the City Council.
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Division 7. Standards for Artworks.
Sec.17-13. Location.
Artwork shall be situated so as to be readily visible by the general public and be located
•in an area specifically designated on approved building plans. Appropriate locations may
include entryways, greenbelts, and building exteriors.
Sec. 17-14. Materials.
Artwork shall be constructed of permanent materials requiring a low level of
maintenance. The application.is reviewed for durability and weather resistance of the art media.
Sec. 17-15. Maintenance.
The continued maintenance of artwork shall be responsibility of the owner. Artists and
developers shall include maintenance provisions in the artist's contract which stipulate the length
of time the artist shall be responsible for repairs. Where artwork is placed on private property
pursuant to the requirements of this Article, the applicant shall execute and record a covenant
with the Los Angeles County Recorder which sets forth the applicant's obligation to properly
maintain the approved artwork. If any approved artwork placed on private property pursuant to
this Article is removed without City approval, the City shall pursue enforcement of the covenant
and any other appropriate remedies that will ensure compliance with the requirements of this
Article.
Sec. 17-16. Artist Qualifications.
Artwork must be designed by artists with experience and knowledge of monumental -
scale public art. The artist's qualifications shall be reviewed by the Planning Commission.
Qualifications must include examples of past works that can be documented.
Section 17-17. Art In Public Places Guidelines.
In addition to the standards set out in this article, the Planning Commission shall also be
responsible for promulgating and adopting a set of guidelines that shall further set out
appropriate standards for artwork, artists, and other related matters. These guidelines shall be
adopted by resolution of the Planning Commission and may be amended from time to time as
necessary.
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