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ORD 257 ORDINANCE NO. 257 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 15. 30 TO ESTABLISH A PUBLIC ART PROGRAM. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Findings and Declarations. The City Council hereby makes the following findings and declarations in support of this Ordinance: A. On September 17, 1989, the City Council adopted Resolution 89-99, the Parks Master Plan, which authorized the development and implementation of an "Art in Public Places Program;" and B. The City Council seeks to reflect the demographics and strengthen the cultural aspects of the City of Rancho Palos Verdes by making contemporary and traditional art forms accessible in public spaces; and C. The City Council seeks to use public art in the interpretation of public space; and D. The City Council finds that the design, installation and integration of public art into development projects can best be achieved by artists whose specific fine arts training and experience gives them different sensibilities, interpretive skills, and vision than those of project architects, landscape architects, and designers retained by an applicant to complete a development project; and E. The City Council seeks to encourage the use of artists in the design of buildings, facilities, parkland and open space; and F. The City Council seeks to encourage collaboration between artists and design professionals, including architects, I/ planners and engineers; and G. The City Council seeks to generate broad community participation in a Public Art Program; and H. The City Council wishes to use public art through a variety of approaches to reflect the identity of the City of Rancho Palos Verdes; and 900531 bm/apc 1840110 (6) I. The City Council wishes to develop a Public Art Program which is unique to the City of Rancho Palos Verdes and which is responsive to the City's rural, coastal and suburban community; and J. The City Council finds that a Public Art Program will counteract the visual impact caused by development and will implement the City's general plan and coastal specific plan by helping to harmonize development with the natural environment; and K. The City Council finds that a Public Art Program will partially counteract the community perception of displacement and loss of open space caused by development; and L. The City Council has determined, based upon the foregoing findings and declarations, that the Public Art Program hereby established is necessary to protect the public health, safety and general welfare of the community and the region as a whole. Section 2 . Chapter 15. 30 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby added to read as follows: Chapter 15.30 PUBLIC ART PROGRAM Sections: 15. 30.010 Short Title. 15. 30. 020 Preamble. 15. 30.030 Purposes and Intent. 15. 30.040 Definitions. 15. 30. 050 Establishment of an Arts Commission. 15. 30. 060 Establishment of an Ad Hoc Public Art Committee. 15.30. 070 Applicability to Projects. 15.30. 080 Requirements. 15. 30.090 Exemptions. 15.30. 100 Hearings and Appeals. 15.30. 110 Maintenance of Public Art. 15. 30. 120 Removal or Alteration of Public Art. 15.30. 130 Establishment of City Funds. 15.30. 140 Public Project Source of City Funds. 15.30. 150 City Manager's Authority. 15. 30. 010 Short Title. This chapter, together with any guidelines or other implementing actions promulgated hereunder, shall be referred to as the "Public Art Program of the City of Rancho Palos Verdes. " -2- 900531 bm/apc 1840110 (6) the City of Rancho Palos Verdes. " 15.30. 020 Preamble. The City of Rancho Palos Verdes recognizes that public art and artists from all disciplines can contribute significantly to the identity, spirit, and cultural enhancement of a City. Works of art and artists at work enhance a City's physical beauty; strengthen a community's environmental awareness and quality of life; and play a significant role in the I/ social, economic, and ecological life of a city. The City's General Plan places special emphasis on the cultural needs of the City, and recognizes the City's visual and cultural resources and calls for their protection and expansion. The City seeks through this Public Art Program to address these concerns in order to protect the public health, safety and general welfare of the community and the region as a whole. 15. 30.030 Purposes and Intent. Development projects change the environmental, visual and cultural character of the City by decreasing the amount of undeveloped open space and altering the visual, social and cultural identity of the City. The purpose of this chapter is to counteract in part these impacts by requiring the design, installation and integration of public art into development projects. This chapter is intended to: A. Acknowledge that artists bring different sensibilities to problem solving of issues inherent in the planning, development, and preservation of communities; B. recognize that public art provides creative solutions as well as diverse and innovative landmarks for preserving and reflecting the character and promoting the identity of a community; C. reflect the demographics and strengthen the cultural aspects of the City by making contemporary and traditional art forms accessible in public places; D. develop a Public Art Program which is unique to the City and is responsive to its rural, coastal, and suburban community; and E. require that development projects integrate public art into their overall design and encourage voluntary contributions in lieu of or in addition to on-site public art. 15.30. 040 Definitions. For purposes of this chapter, the following words shall have the following meanings: A. "Applicant" shall mean the Construction Project developer or a duly authorized representative thereof. -3- ORD. NO. 257 900531 bm/apc 1840110 (6) B. "Arts Commission" shall be the City of Rancho Palos Verdes Arts Commission, which shall be the approving entity on all programmatic aspects of the Public Art Program and shall advise the City Council on the expenditure of funds established under this chapter. C. "Conservation" shall refer to the examination, preservation, and restoration of public artworks. D. "Construction Project" shall mean the following I/ development projects when they have a total Construction Project Value of one million dollars ($1, 000, 000.00) or more: 1. All commercial and institutional development or reconstruction projects; 2. All residential development or reconstruction projects which consist of five (5) or more lots; E. "Construction Project Value" (CPV) shall mean the total value of all parts of a development or reconstruction project subject to grading and building permits. The CPV shall be computed by the City upon the basis of the building permit valuation prepared by the Department of Environmental Services. F. "Deaccession" means the indefinite removal of an artwork from permanent display, whether it is sold, exchanged, disposed of, or stored. G. "Extraordinary Maintenance" means the maintenance beyond ongoing care and operation of an artwork or installation based on the maintenance costs of comparable elements. H. "Public Art Fund" shall be a revenue fund established in the City Treasury into which shall be deposited funds established by this chapter. I. "Public Art" shall mean a medium that is either permanent or portable, but which differs from art in a museum or gallery and may serve to interpret, modify, enhance, define, alter public spaces, or establish a point of reference. Public art is created by a visual artist(s) , other design professionals and/or artists from other disciplines. Public Art includes physical artworks which may be an integral part of a building or public space, whether attached, placed within or outside of a building. Such art works may include, but are not limited to the I/ following: media art; paintings; sculpture; engravings; carvings; frescoes; mobiles; murals; collages; mosaics; bas- reliefs; tapestries; photographs; drawings; earthworks; and environmental works including the artistic placement of natural -4- 900531 bm/apc 1840110 (6) material objects; calligraphy; prints; artist designed functional elements, such as seating, paving, water features, and lighting; and fine crafts, both decorative and utilitarian, in clay, fiber, textiles, wood, metal, glass, plastics, earth and other material. Mass produced artworks which are produced from a standard design are not considered public art for the purposes of this chapter. Reproductions of original artworks, reproductions of historical elements, and decorative, ornamental or functional elements which are designed by the project architect or landscape architect rather than a design team or an artist commissioned for the purpose of creating public art may be considered on a case- by-case basis by the Arts Commission. J. "Public Art Master Plan" shall mean a program to supplement the activities authorized by this chapter including, but not limited to the following: 1. Public art education and implementation guidelines; 2 . Guidelines for implementing public art in public development; 3. Identification and review of public capital improvement projects and projected private development, with special attention given to sites that lend themselves to the interpretation of public space and problem solving of environmental issues through public art; 4. Consultation with respect to public art with City agencies, private non-profit organizations, interested citizens, artists, and design professionals. K. "Reconstruction project" is the alteration or repair of any project subject to this chapter within any twelve (12) month period in which the alteration or repair exceeds twenty-five percent (25%) of the assessed value of the previously existing building or facility. 15. 30. 050 Establishment of an Arts Commission. There is hereby established a seven (7) member Arts Commission to be appointed by and serve at the pleasure of the City Council for terms of four (4) years. The purpose of the Arts Commission is I/ to oversee implementation of the Public Art Master Plan, other arts related matters, this chapter, and any resolutions, guidelines or other actions taken pursuant to this chapter. The duties of the Arts Commission shall be to: A. Develop recommendations to the City Council on policies for administering funds established- pursuant to the -5- ORD. NO. 257 900531 bm/apc 1840110 (6) authority granted by this chapter; B. Develop and review the Arts Commission's operation and program guidelines and policies; C. Develop and recommend to the City Council arts advocacy and legislation; D. Review and recommend to the City Council any amendments to this chapter and to the Public Art Master Plan, I/ provided however that failure by the City Council to obtain such review and recommendation shall not affect the validity of any such amendment; and E. Advise the City with respect to its Public Art Program, including, but not limited to: 1. Recommending the designation of sites for the implementation of this chapter in a manner consistent with the general plan and coastal specific plan; 2 . Recommending artworks to be commissioned; 3 . Reviewing selection, design execution, and placement of public art in private and public development; 4. Recommending donations, deaccessions, and conservation of public art; 5. Determining project scope, budget, artist selection process, and selection of jurors; and 6. Making recommendations to the City Council on an annual Public Art Program budget. F. Reviewing and approving, approving with conditions, or denying public art proposals for public and private development as provided in this chapter. G. Such other matters as the City Council may from time to time direct the Arts Commission to consider. 15. 30. 060 Establishment of an Ad Hoc Public Art Committee. The City Council shall appoint an Ad Hoc Public Art Committee as an interim body fulfilling the duties of the Arts Commission relative to the Public Art Program until formation of I/ the Arts Commission. The Ad Hoc Committee shall also develop and recommend, for consideration and adoption by the City Council, a Public Art Master Plan. Upon completion of the Public Art Master Plan, the Ad Hoc Committee will disband. The City Council may from time to time reestablish the Ad Hoc Committee if deemed desirable to assist in public art planning matters. -6- 900531 bmlapc 1840110 (6) 15. 30.070 Applicability to Projects,. All construction projects, as defined above, are subject to the requirements of this chapter. 15. 30. 080 Requirements. All construction projects I/ shall be subject to the following requirements: A. On-site Public Art. All construction projects shall, as a condition of the issuance of grading and building permits, or occupancy permits if otherwise required by state law, be required to include on the development site one or more publicly accessible works of public art which is reasonably related to the environmental, visual, cultural, social and other changes caused by the project and which is otherwise consistent with the Public Art Guidelines set forth below. B. Two Percent of the CPV. In lieu of including on the development site one or more publicly accessible works of public art, the Applicant may be permitted to choose to donate money to the Public Art Fund in an amount equal to or greater than two percent (2%) of the CPV in a manner consistent with the Public Art Guidelines set forth below. C. Public Art Proposal. Prior to the issuance of grading and building permits the applicant shall present a public art proposal to the Commission for approval. The City encourages the applicant to submit a proposal prior to the development of the architect's schematic design. D. Covenants, Conditions, and Restrictions. Prior to the issuance of the occupancy permit, the Applicant shall execute and record with the Los Angeles County Recorder, Covenants, Conditions, and Restrictions (CC&R's) , in a form approved by the City Manager and City Attorney, which require the property owner, successors in interest, and assigns to maintain the public art in good condition as required by the Public Art Guidelines. E. Public Art Guidelines. Public art shall meet the requirements set forth in Public Art Guidelines adopted by Resolution of the City Council. 15.30.090 Exemptions,. The following categories of projects are exempt from the requirements of this chapter: A. Development projects with a CPV of less than one million dollars ($1, 000, 000.00) . B. All City utility and street projects. C. Residential projects comprised of four (4) lots or less. -7- ORD. NO. 257 900531 bm/apc 1840110 (6) D. Reconstruction projects necessitated by force maj eure. E. Development projects for which grading or building permits are issued prior to the effective date of this chapter. I/ F. Development projects wherein compliance with the provisions of this chapter would results in extreme hardship. Extreme hardship shall mean that the requirements of this Chapter are so burdensome as to make it infeasible to proceed with the project in a manner consistent with vested property rights. The burden of demonstrating such hardship is the responsibility of the applicant who must fully disclose all project records, including detailed financial statements, to the City when attempting to make a showing of extreme hardship. In the event that a construction project falls within one of the enumerated exemptions, applicants from the private sector are encouraged to contribute funds to the Public Art Fund in an amount equal to or greater than two percent (2%) of the Construction Project Value (CPV) . Pp on Exem ti applications shall P be processed in accordance with procedures established in the Public Art Guidelines. 15.30. 100 Hearings and Appeals. The Applicant shall present a public art proposal to the Arts Commission for its approval, approval with conditions or denial. Extreme hardship exemptions shall be appealable to the City Council. All other decisions of the Arts Commission shall be final. 15. 30. 110 Maintenance of Public Art. On-site public art shall be maintained in good condition by the property owner. If the public art 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. 15.30. 120 Removal or Alteration of Public Art. 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 Arts Commission. If such public art is knowingly removed or altered without prior approval from the Arts Commission, the occupancy permit for the ect 7 ro ' p 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. 15.30. 130 Establishment of City Funds. The Director of Finance is authorized and directed to establish the following funds: -8- 900531 bm/apc 1840110 (6) A. Public Art Fund. A Public Art Fund shall be established as a revenue account of which all funds, both private contributions and City monies, shall be deposited into the fund and of which seventy-five (75%) shall be designated and expended for public art. The remaining twenty-five percent (25%) of the I/ Public Art Fund shall be designated and expended for community public art education, ongoing maintenance of the City's public art, and administration of the Public Art Program. Interest earned on all monies placed in the Public Art Fund shall be expended solely for the purpose of extraordinary maintenance, conservation and relocation of City public art. B. Arts Endowment Fund. An Arts Endowment Fund shall be established as a revenue account into which funds are donated and collected for city-wide arts activities and support. Monies above a principal of one hundred thousand dollars ($100, 000. 00) shall be expended from the Arts Endowment for purposes identified herein. The Fund' s principal shall not be expended. Interest earned on the Arts Endowment Fund shall remain with the fund. 15. 30. 140 Public Project Source of City Funds. The City Manager shall include in the City's annual budget monies equivalent g •q nt to two percent of the Construction Project Value (CPV) of all City projects subject to the requirements of this chapter for deposit in the Public Art Fund. 15. 30. 150 City Manager's Authority. The City Manager, in consultation with the City Attorney, shall have authority to recommend, and the City Council shall have authority to implement, any modification, accommodation, revision or other action necessary or desirable to allow implementation of this chapter in a manner consistent with the statutory and constitutional rights of applicants and the public. This provision is intended to allow, and require pursuit by applicants and the public, of such administrative remedies as may be necessary to address any dispute arising under this chapter. I/ -9- ORD. NO. 257 900531 bm/apc 1840110 (6) Section 3 . Severability. If any term, provision, section or part of this Ordinance shall be determined invalid, void or unenforceable, the remainder of this Ordinance shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Ordinance. PASSED, APPROVED and ADOPTED this 6TH day of JUNE , 1990. J/. y ), , ./ // A ,_:. _., A A ,/ , Air i --,6‘.... ,YO' ATTEST: a/1���I,q/ CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance No. 257, passed first reading on May 15, 1990, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on June 6, 1990, and that the same was passed and adopted by the following roll call: AYES: HINCHLIFFE, BACHARACH AND MAYOR HUGHES NOES: NONE ABSENT: McTAGGART AND RYAN ABSTAIN: NONE AOP qr A-,a,CF City Clerk -10- 900531 bm/apc 1840110 (6) RANCHO PALOS VERDES ORDINANCE/RESOLUTION NO. ORD. N O. 257 FILE: 1201 SUBJECT: AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 15. 30 TO ESTABLISH A PUBLIC ART PROGRAM. INTRODUCED: 5/15/90 ADOPTED: 6/6/90 POSTED/PUBLISHED 6/11/90 ORDINANCE AND RESOLUTION DISTRIBUTION: CITY ATTORNEY PUBLIC WORKS DEPARTMENT RICHARDS, WATSON, & GERSHON -_- ENVIRONMENTAL SERVICES A W 1 Y'S/ 333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS ���`�� LOS ANGELES, CA 90071 CITY MANAGER SCHOOL , 0 p BOOK PUBLISHING COMPANY HOMEOWNERS ASSOCIATION 201 WESTLAKE AVENUE N. APPLICANT SEATTLE, WA 98109 REGISTAR SOUTH BAY MUNICIPAL COURT 5557 FERGUSON DRIVE 825 SOUTH MAPLE AVE. LOS ANGELES, CA 90022 TORRANCE, CA 90503 ATTN: MARGARET MILLER, ATTN: EXECUTIVE OFFICES ELECTIONS ADM. LEAGUE OF CALIFORNIA CITIES (STREET VACATIONS/EASEMENTS/ 702 HILTON CENTER ABANDONMENTS/ NAME CHANGES/ LOS ANGELES, CA 90017 DEDICATIONS/TRAILS) L.A. COUNTY REGISTRAR-RECORDER LA COUNTY DEPT. OF PUBLIC WORKS/ 227 NORTH BROADWAY PUBLIC ROADS LOS ANGELES, CA 90012 ATT: CITY SERVICES P.O. BOX 1460 L.A. COUNTY ASSESSOR ALHAMBRA, CA 91802-1460 500 HALL OF ADMINISTRATION LOS ANGELES, CA 90012 SPCA 5026 WEST JEFFERSON BLVD. SO. CALIFORNIA GAS COMPANY LOS ANGELES, CA 90717 22741 HAWTHORNE BOULEVARD TORRANCE, CA 90501 STATION COMMANDER 26123 NABONNE AVE. SO. CALIFORNIA EDISON COMPANY LOMITA, CA 90717 P.O. BOX 2944 TORRANCE, CA 90509 T.M. CABLEVISION 31244 P.V. DRIVE WEST, SUITE 207 CALIFORNIA WATER SERVICE COMPANY RANCHO PALOS VERDES, CA 90274 5837 CREST ROAD WEST RANCHO PALOS VERDES, CA 90274 0 8 INSTITUTE OF GOVERNMENTAL STUDIES LIBRARY, 109 MOSES HALL GENERAL TELEPHONE COMPANY UNIVERSITY OF CALIFORNIA 22715 HAWTHORNE BLVD. /POSTED BERKELEY, CA 94720 TORRANCE, CA 90509 AT THE FOLLOWING: 1 . City Hal. a Iat 2. R.P.V. Park, 3. Hesse Park 4. U.S. PACIFIC TELEPHONE COMPANY 6r Post Office, 28649 Western Ave. 5. 19310 GATEWAY DRIVE, ROOM 208 Fire Station, 4000 Miraleste Plaza TORRANCE, CA 90502 6. Ladera Linda Park