A.

The purpose of this Chapter is to expand the opportunities for citizens of the City to experience public art resulting from the creative expression of its visual artists in public places throughout the City. A standard is hereby established to direct the inclusion of works of art in new development projects and establishing a fund used solely for the creation, purchase, installation, security, and maintenance of art in public spaces throughout the City.

B.

The City Council finds and declares as follows:

1.

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

Development of cultural and artistic assets should be finance by those whose development and revitalization diminish the availability of the community's resources for those opportunities and contribute to community urbanization.

4.

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

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

"Artist" means a practitioner in the arts, generally recognized by critics and peers as one who produces works of art through a record of exhibitions, public commissions, sale of works, or educational attainment.

B.

"Art" means all forms of original creations of visual arts, including but not limited to:

1.

Sculpture in any material or combination of materials.

2.

Painting—All media including portable and permanently affixed works, such as murals and frescoes.

3.

Graphic arts—Print making and drawing.

4.

Mosaics.

5.

Photography.

6.

Crafts in clay, fiber and textiles, wood, metal, plastics, and other materials.

7.

Calligraphy.

8.

Stained glass.

9.

Mixed media—Any combination of forms or media, including collage.

10.

Lighting elements not integral to the illumination of the art.

11.

Dedication ceremonies.

12.

Water generated art.

C.

"Art in public places" means any work of art which is designed for and sited in a space accessible to the public, from a public square to a wall inside a building open to the public.

D.

"Building valuation" means the construction cost for labor and materials computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO), excluding land acquisition and off-site improvement costs.

E.

"City" means the City of Grand Terrace.

F.

"City Manager" means the City Manager of the City and his or her designee.

G.

"Developer" means the applicant, developer, or owner (as applicable) of a development project.

H.

"Development project" means a proposal for the development of improved or unimproved real property, including but not limited to: offices, hotels, motels, restaurants.

I.

"Director" means the City's Planning and Development Services Director and his or her designee.

J.

"Public art fund" means a separate fund established to receive monies from any source by the public art fund.

K.

"Public place" means any area or property (public or private) which is accessible or visible to the general public a minimum of eight hours during a business day.

L.

"Planning Commission" means the Planning Commission of the City of Grand Terrace.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

Except as provided in Section 18.81.040, this Chapter shall apply to all works of construction and rehabilitation within the City for which a building permit is required, including, but no limited to, the following:

1.

New commercial and industrial construction.

2.

Remodeling or reconstruction of existing commercial or industrial property.

3.

Residential subdivisions or development of two or more units, whether by detached single-family residential structures, condominiums, apartments, duplexes, townhouses, or other dwelling units being built in the same tract by the same developer.

B.

The creator of the work of art shall be an artist through a record of exhibitions, public commissions, sale of works, or educational attainment.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

This Chapter shall not apply to the following construction and rehabilitation activities:

1.

Public projects undertaken by any agency of the City, the State, County, school district, or any other governmental entity.

2.

Remodeling, repair or reconstruction of structures to comply with earthquake seismic safety code standards or which have been damaged by fire, flood, wind, earthquake, or other calamity.

3.

Remodeling, repair, or reconstruction of residential units.

4.

Nonprofit, social service, or cultural institution projects.

5.

Low to moderate housing projects as defined by the household Health and Safety Code Section 50093.

6.

Affordable housing development receiving City, State, or Federal assistance.

7.

Private educational institutions which provide general education equivalent to the public school system (kindergarten through high school or any part thereof).

8.

Housing development projects to the extent that such housing development projects comply with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application thereof was deemed complete. Further, this Chapter shall not apply to housing development projects to the extent that applicable law, including but not limited to, Government Code Section 65589.5, prohibits the application of this Chapter upon housing development projects. For the purposes of this Section 18.81.050(A)(8), the term "housing development project" shall have the same meaning as provided in Government Code Section 65589.5.

9.

Such other circumstances where applicable law prohibits the application of this Chapter.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

No final City approval, such as a final inspection or a certificate of occupancy, for any Development Project subject to this Chapter shall be granted or issued unless and until full compliance with the art in public places is achieved in one of the following ways:

1.

The developer shall provide the City with proof of installation of the required the work of art in a manner satisfactory to the City pursuant to Section 18.81.060.

2.

In-lieu fees have been paid as calculated pursuant to Section 18.81.060.

3.

Financial security in an amount equal to the acquisition and installation cost of an approved works of art as calculated pursuant to Section 18.81.060 and in a form approved by the City Attorney have been posted.

4.

An approved work of art has been donated and accepted by the City pursuant to Section 18.81.100.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

Public Art Requirement. The developer shall acquire and install art on or in the vicinity of the development project, which shall be in a public place, in accordance with provisions of this Chapter. The value of the art shall be at least as follows:

1.

The cost of art for all new development projects (except single-family residential) shall be equal to at least one percent of the estimated total building valuation.

2.

The cost of the work of art for development projects that are single-family residential development must be equal to at least one-half percent of the estimated total building valuation.

B.

Monetary Contribution In Lieu of Public Art. In lieu of acquiring and installing art on or in the vicinity of the development site in a public place pursuant to Subsection A. of this Section, the developer may elect to make a monetary contribution to the public art fund as follows:

1.

In the amount of at least one percent fee of the total estimated construction cost for all new development except single-family residential.

2.

In the amount of at least one-half percent fee of the total estimated construction cost for new single-family residential development.

C.

If the developer chooses to pay the in lieu fee, payment in full shall be required at the same time as when all other fees are due on any development processed through the City or upon completion of the project, whichever occurs first.

D.

Nothing in this Section shall prohibit the developer from placing an approved work of art with a value, including acquisition and installation costs, totaling an amount less than the art in public places program allocation provided for in this Section, provided that, in that event, the developer shall also pay into the public art fund an amount equal to the difference between the art in public places program allocation and the value, including costs of acquisition and installation, of the work of art placed. This Subsection D shall not apply to industrial development projects.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

Public art fund created.

1.

The City Manager is hereby directed to create a special interest- bearing fund entitled public art fund, or other appropriate accounting mechanism.

2.

The City Manager shall administer the public art fund.

B.

Placement and use of funds in public art fund.

1.

All amounts collected from the in lieu fee collected pursuant to Subsection 18.81.060(B) shall be placed in said public art fund and expended by the City Manager solely for the costs associated with projects that result in the creation, purchase, installation, security, or maintenance of art in public spaces.

2.

Furnishings or fixtures affixed to the building or its grounds, including architectural features of the building or landscaping that have been uniquely enhanced to be visually appealing, may qualify as art. Works of art may be temporary as well as permanent.

3.

When selecting the location for art purchased though the public art fund, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, lobbies, plazas, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.

4.

Location and art purchased through the public art fund shall be reviewed by the Planning Commission with recommendation to the City Council for final approval.

5.

Recommendations for installations may be requested from the Parks and Recreation Committee, the Art Committee, the Planning Commission, the City Council, or other City committee.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

All works of art installed pursuant to this Chapter on private property shall remain the property of the owner of a site for which the final building permit or certificate of occupancy related to the development project was obtained and the owner's successors and assigns, which property owner must provide all maintenance necessary to preserve and maintain the works of art in good condition and in the manner approved by the City.

1.

Title to all works of art required by and installed pursuant to this Section on private property shall be vested in the owner thereof and pass to the successive owners of the development project.

2.

Prior to placement of the work of art, the owner of the subject private property shall execute and record a covenant, agreement, or other instrument, in the form approved by the City Attorney, setting forth a description of the work of art and acknowledging the obligation of the owner of the subject site to repair and maintain the work of art. This document shall run with the land and provide notice to future property owners of the obligation to repair and maintain the work of art and of certain limitations related to any Federal, State, or local requirements governing the rights of the artist, including but not limited to right regarding the alteration, modification or relocation of subject work of art.

3.

Each successive owner shall be responsible for the custody, protection, repairing, restoring, maintenance, or reacting the work of art in the event of physical defacement, mutilation, alteration or destruction, and securing and maintaining insurance coverage in an amount to be approved by the City for: fire, flood, wind, earthquake and natural disaster, vandalism and extended liability.

4.

Any time the City determines that the work of art has not been maintained in substantial conformity with the manner in which it was originally approved, the City may require the current property owner to maintain, repair, restore, or replace the work of art.

5.

Failure to maintain the work of art as provided in this Chapter is declared to be a public nuisance and may be abated as such pursuant to applicable provisions of the City Code.

B.

Art donated to and accepted by the City or installed on public property and accepted by the City is owned by the City and maintenance, removal or protection thereof is the responsibility of the City.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

An application for placement of art on private property shall be submitted to the Director and shall include the following information, at minimum:

A.

The developer shall submit a narrative proposal and artistic rendering of the proposed work of art in satisfaction of the requirements imposed by this Section, including any additional information, plans or maps prescribed by the Director at the time of submission of their development application, or indicate an intention to pay the in lieu fees. The application shall also comply with the requirements of Section 18.81.110.

B.

The proposal for the work of art shall be considered as an element of the site and architectural design review process, pursuant to the Chapter 18.63.

C.

The approval of all works of art to be created, purchased, installed, secured and maintained under this Section shall require a review and approval of the City Planning Commission.

D.

The decision of the Planning Commission shall be final unless appealed to the City Council, pursuant to Chapter 18.63.

E.

Review of all proposed works of art shall be considered based on the following criteria:

1.

Conceptual compatibility of the design with the immediate environment of the site.

2.

Appropriateness of the design to the function of the site.

3.

Compatibility of the design and location within a unified design character or historical character of the site.

4.

Creation of an internal sense of order and a desirable environment for the general community by the design and location of the work of art.

5.

Preservation and integration of natural features with the project.

6.

Consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, excessive maintenance, and repair cost.

7.

Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to ensure a variety of style, design and media throughout the community that will be representative of the eclectic tastes of the community.

8.

Works of arts and art places should be appropriate in scale, form, and content for the immediate, general, social, and physical environments with which they relate.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

Art Donated as Part of a Development Project.

1.

In the event a developer elects to donate the work of art to the City pursuant to this Chapter as part of a development project, an application for acceptance of works of Art to be donated to the City (including for such works of art to be placed on public property, as applicable) shall be submitted to the Director and comply with the requirements of Section 18.81.110. This application shall be submitted at the same time as the developer's application for the development project.

2.

The application shall also include a written agreement, in form approved by the City Attorney, executed by or on behalf of the artist who created the art, which expressly waives his/her rights under the California Art Preservation Act or other applicable law.

3.

The proposal for the work of art shall be considered as an element of the site and architectural design review process, pursuant to Chapter 18.63.

4.

The Director shall review the application submitted pursuant to this Section and provide a recommendation to the Planning Commission. The Planning Commission shall consider and may either accept (or conditionally accept) or deny the proposed work of art. Review of all proposed works of art shall be considered based on the criteria provided in Subsection 18.81.090(E). The decision of the Planning Commission shall be final unless appealed to the City Council, pursuant to Chapter 18.63.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

Any works of art being donated or placed on public or private property pursuant to this Chapter shall be one-of-a-kind piece. The application shall include:

1.

Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed works of art.

2.

An appraisal or other evidence of the value of the proposed works of art, including acquisition, and installation cost.

3.

Preliminary plans shall contain detail information of the works of art, location, and compatibility with the proposed development. The works of art shall be an integral part of the landscaping and/or architecture of the building, including compatibility with the character of adjacent conforming development parcels and existing neighborhoods if necessary to evaluate the proposal.

4.

A narrative statement to demonstrate that the works of art 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 works of art or its placement on the site.

5.

Other information as may be required by the Director to adequately evaluate the proposed donation of public art.

B.

If the work of art is to be donated to the City, an appraisal or other evidence of the value of the proposed work of art, including acquisition and installation costs.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

If, for any reason, the current owner or successor in interest shall choose to replace any work of art installed pursuant to this Section, the following requirements shall be met before the art is replaced:

1.

The replacement of the work of art must go through the site review process established above, unless the replacement will be identical to the existing works of art and in the same location.

2.

The cost of the replacement shall be equal to, or greater than, the initial cost of the existing work of art to be removed adjusted for time.

3.

The location of the replacement work of art shall be located in a public place and meet the requirement for public visibility in effect at the time of the replacement.

4.

The replacement of the work of art shall conform, in every respect, to all standards in effect at the time of the replacement.

5.

The replacement work of art, location and installation shall violate no other ordinance.

6.

The replacement work of art shall be installed within 180 days of the removal of the existing work of art piece unless the period is extended by the Director.

7.

The owner may choose to pay an in lieu fee equivalent to the cost of the replacement of the existing work of art as calculated in Section 18.81.060.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

The City Manager shall annually prepare and present a report to the City Council indicating the amount of revenues accumulated in the art in public places fund and the expenditures made by the City in the preceding fiscal year.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

Fees collected pursuant to this Section do not replace existing development fees or other charges or limit requirements or conditions to provide additional mitigation of impacts imposed upon development projects as part of the normal development review process.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

The City Manager may request that the City Council exclude certain capital improvement projects from the provisions of this ordinance by the passage of a resolution authorizing such a waiver.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)