ORD 173CITY COUNCIL ORDINANCE 173
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA,
AMENDING TITLE 2 OF THE MUNICIPAL CODE
BY ADDING CHAPTER 2.65.
The City Council of the City of La Quinta,
California does ordain as follows:
SECTION 1. There is hereby added to the La Quinta
Municipal Code Chapter 2.65 to read as set forth in Exhibit
"A", attached hereto and made part of.
SECTION 2. EFFECTIVE DATE. This Ordinance shall
be in full force and effective thirty (30) days after its
adoption.
SECTION 3. POSTING. The City Clerk shall, within
15 days after passage of this ordinance, cause it to be posted
in at least three public places designated by resolution of the
City Council; shall certify to the adoption and posting of this
ordinance; and, shall cause this ordinance and its
certification, together with proof of posting, to be entered
into the Book of Ordinances of this City.
The foregoing Ordinance was approved and adopted at
a meeting of the City Council held on the 19th day of June
1990, by the following vote:
AYES: Councilman Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: Councilman Bohnenberger & Bosworth
ABSTAIN: None
.ti
JOHN PEW, ayor
City of La luinta, California
ATT T:
AUNDRA L. JUHO , City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
� 1/1
DA HONEYWELL,x-C-it�A tot rney
City of La Quinta, California
BJ/ORDDRFT.040 - 1 -
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true and
correct copy of Ordinance No. 173 which was introduced on the 5th
day of June, 1990 and was adopted at a regular meeting held on the
19th day of June, 1990 not being less than 5 days after date of
introduction thereof.
I further certify that the foregoing ordinance was posited in three
(3) places within the City of La Quinta as specified in a
res ution of the City Council.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City
California, do hereby certify that the foregoing
pos el pursuant to City Council Resolution on June
AUNDRA L. JUHO City Clerk
City of La Quinta, California
of La Quinta,
ordinancv-,� was
26, 1990.
Ordinance No. 173
Chapter 2.65
ART IN PUBLIC PLACES
Sections:
2.65.010 Intent and purpose.
2.65.020 Findings.
2.65.030 Definitions.
2.65.040 Formation and Function of Art in Public
Places Committee.
2.65.050 Requirement to provide Art Work or pay
development fee.
2.65.060 Projects subject to Art in Public Places
Program requirement.
2.65.070 Processing of Arts Application.
2.65.080 Guidelines for Art Work.
2.65.090 Development Fee.
2.65.100 Credits and Agreements with Developers.
2.65.110 Art in Public Places Fund.
2.65.120 Implementation and Administration of this
Chapter.
2.65.010 Intent and purpose. This Chapter may be known
and cited as the "La Quinta Art in Public Places Program." The
City of La Quinta has developed a nationwide reputation through
the annual La Quinta Arts Festival and other artistic events,
and attracts thousands of visitors every year to view and
purchase art and crafts in the City. The public health, safety
and welfare, the preservation and enhancement of property values
and economic vitality, as well as the popularity and prosperity
of the community, are dependent upon and enhanced by visually
pleasing and high quality public art.
The stated goal of the Cultural Resources Element of the
General Plan is to provide "enrichment of the community by
adequate cultural and recreational facilities and activities".
To implement this goal, the General Plan mandates the City to
"provide facilities and encourage opportunities for cultural
enhancement of the City of La Quinta". The General Plan further
states that "the cultural resources of a city encompass those
facilities and programs which refresh, enhance or re-create
people's bodies and spirits". Community parks, recreational
activities, historic resources, library facilities and art
festivals are included in this classification. The Art in
Public Places Program is intended to achieve this purpose by
providing visual art throughout the City.
Residential and commercial development throughout the City
will benefit from public art, both financially and visually.
All property within the City will prosper through the
Ordinance No. 173
enhancement and preservation of property values that will result
from the location of visual art throughout the City. As such,
the cost of providing public art should be shared. This program
is a means of achieving a balanced responsibility of providing a
cultural enhancement.
Therefore, the City Council declares that art work in its
various physical forms displayed in public venues in the City
Constitute public facilities of benefit to the citizens and
visitors to the City and in the interest of the public health,
safety and welfare, it is the policy of the City to require the
acquisition and installation of public art works as provided in
this Chapter.
2.65.020 Findings. The City Council makes the following
findings in connection with the adoption of this Ordinance:
A. There is a reasonable relationship between the
acquisition of Art Works through the Art in Public Places
Program and the projects on which the fees provided by this
Chapter shall be imposed because (1) art works will enhance the
real property values within the City generally, including the
developments on which the fees will be imposed, and (2) art
works will, by enhancing the aesthetic values of the City as a
whole, make the City an attractive place to live and work,
thereby making the City more economically vital; and
B. There is a reasonable relationship between the need
for cultural amenities such as art and the developments upon
which the fees provided for herein shall be imposed because the
development of real property generally necessitates that
additional costs be incurred and amenities be provided to
provide for harmonious and aesthetically pleasing environments
created by the development; and
C. The amount of the fee is reasonably related to the Art
Works to be acquired because the amount of the fee increases as
the value of the development upon which the fee is imposed
rises, so there will be direct and proportionate relationship
between the size of the development and the quantity or quality
of Art Work which can be purchased from the fees generated by
the development upon which the fee is imposed; and
D. There is a reasonable relationship between the amount
of the fees and the Art Work to be purchased because the fees
generated by the Art in Public Places Program will provide a
wide variety of Art Works, suitable for the wide variety of
developments upon which the fees shall be imposed.
-2-
Ordinance No. 173
2.65.030 Definitions. As used in this Chapter:
A. "Arts Application" means the application to be
submitted by a Project Applicant pursuant to Section 2.65.070
hereof.
B. "Art in Public Places Fund" means the fund established
by Section 2.65.110 hereof.
C. "Art Site" means any site, upon which an Art Work is
to be located, on public or private property within the City
which is accessible and visible to the general public.
D. "Art Work" means original creations of art including,
but not limited to, the following categories: sculpture,
murals, mosaics, fountains, and paving designs. These
categories may be realized through such media as steel, bronze,
stained glass, concrete, wood, ceramic tile and stone, as well
as other suitable materials.
E. "Fee" or "Fees" means the fees imposed by this Chapter.
F. "Project" means any project described in Section
2.65.060 hereof as being subject to the terms of Section
2.065.050.
G. "Project Cost" means the total value of the
improvements for a Project based upon the building permit
valuation submitted for the Project.
2.65.040. Formation and Functions of the "Art in Public
Places Committee".
A. Committee Composition and Selection. The City Council
hereby establishes an "Art in Public Places Committee" (the
"Committee") composed of three members of the "La Quinta Arts
Foundation", one member of the Fine Arts subcommittee of the
Community Services Commission, and one City Staff member. The
Committee will be composed of five members. The Committee will
be a standing committee appointed by the City Council. The
Committee will submit to the City Council a recommendation for
ratification of public art to be financed by the "Art in Public
Places Program" and carry out the other functions described
herein.
B. Term of Committee. The Committee members will serve
for staggered two year terms beginning on July 1 of every other
year, commencing July, 1, 1990. Initially two members will
serve two year terms, one for three years and two for one year.
C. Committee Functions. The primary function of the
Committee will be to prepare an "Art in Public Places Plan" for
recommendation for adoption by the City Council and the
-3-
Ordinance No. 173
implementation of such Plan by the City Council. To the extent
possible, the Plan shall identify Art Sites, Art Work and
estimates of cost for the Art Work and Art Sites. In
implementation of the Plan, the Committee shall undertake the
following tasks:
1. The Committee will be responsible for selecting
Art Works to be financed by the Art in Public Places Program,
using the guidelines for selection as provided for in Section
2.65.080 hereof.
2. The Committee will work with City staff to develop
a list of possible Art Sites.
3. The Committee will seek ways of procuring public
art other than through fees, such as endowments, donations, loan
programs, trusts, and similar means of support.
4. The Committee will recommend to the City Council
agreements for the purchase of commissioning of Art Works, the
purchase or lease of Art Sites, and agreements for the purchase
and display of Art Work, or the repair, maintenance or servicing
of Art Work.
5. The Committee will meet monthly and will elect
officers at its first meeting in July. Officers of the
Committee will consist of Chairperson and Vice Chairperson. The
Committee may adopt bylaws relating to the implementation of
their work under this Chapter.
2.65.050. Requirement to Provide Art Work or Pay
Development Fee. When a Project is subject to the requirements
of this Chapter pursuant to Section 2.065.060, the Project
Applicant shall pay a development fee, as described in (A)
below, or shall comply with the provisions of subsection (B).
Project Applicants shall indicate on their Art in Public Places
Application whether the Project Applicant will comply with
subsections (A) or (B) hereof.
A. Development Fees. The Project Applicants shall pay a
fee to be deposited in the Art in Public Places Fund established
pursuant to Section 2.65.110 equal to the amount provided in
Section 2.65.090 hereof for the Project.
B. Provision of Art Work. In lieu of paying the
development fee as required by (A) above, the Project Applicant
may acquire and install an Art Work on an Art Site on or in the
vicinity of the Project site pursuant to Section 2.65.100 of
this Chapter. As a guide, the cost or value of such Art Work
should approximate the amount of the fee that would be paid
under subsection (A). The Project Applicant shall receive
credit for the fee required by subsection (A) only in the actual
amount of the cost of value of Art Work acquired and
-4-
Ordinance No. 173
installed, plus costs of installation. Only Project Applicants
liable for a fee pursuant to subsection (A) above that is in
excess of $5,000 shall be permitted to elect to provide an Art
Work pursuant to this subsection (B), unless such Project
Applicant proposes to furnish Art Work in excess of the amount
of such fee and in a minimum amount of $5,000.
2.065.060. Projects Subject to Art in Public Places
Program Requirements.
A. Requirements. The requirements of this Chapter shall
apply to all "Projects", which shall be defined for purposes of
this Chapter to be all works of construction or rehabilitation
within the City which constitute or include the following
activities and which are not subject to the exceptions set forth
in (B) below:
1. New commercial or industrial developments having
Project Costs which exceed one hundred thousand dollars
($100,000);
2. Remodeling, repair or reconstruction of existing
commercial or industrial property having Project Costs which
exceed one hundred thousand dollars ($100,000) in expenditures;
3. Residential subdivision or development of two
units or more, whether by detached single family residential
structures, condominiums, apartments, townhouses or other
dwelling units, including the repair, remodeling or renovation
of same, having Project Costs exceeding one hundred thousand
dollars ($100,000);
4. Individual residential units (hereby defined as
not more than one single family dwelling which is to be
constructed on an individual lot or parcel) having Project Costs
of more than $100,000);
B. Exceptions. The requirements of this Chapter shall
not apply to the following activities:
1. Public projects.
2. Remodeling, repair or reconstruction of structures
which have been damaged by fire, flood, wind, earthquake or
other calamity.
3. Nonprofit social service or cultural institution
projects.
4. Low to moderate housing projects as defined by
household income in Health and Safety Code Section 50093.
2.65.070. Processing of Arts Application. The
requirements and procedures for the processing of an Art in
07-C
ordinance No. 173
Public Places Application (an "Arts Application") shall be as
follows:
A. Upon submission of a project application for a Project
subject to the requirements of this Chapter, the Department of
Planning and Development shall provide to the Project Applicant
a copy of the Ordinance codified in this Chapter and an Arts
Application form.
B. The Project Applicant shall submit to the Department
of Planning and Development a completed Arts Application form,
describing the manner in which the Project Applicant intends to
establish compliance with this Chapter. The Arts Application
shall include, for Project Applicants intending to meet the
requirements of Section 2.65.040(B), a complete description of
the Art Work, the artist creating the Art Work, a copy of the
contract for commissioning or purchasing the Art Work, if any,
the cost or estimated cost of the Art Work and installation, the
agreement or means by which the Project Applicant will meet the
requirements of Section 2.65.100 hereof, and a site plan showing
the location of the Art Work, complete with landscaping,
lighting and other appropriate accessories to complement and
protect the Art Work.
C. The Department of Planning and Development shall, upon
receipt of the Arts Application, submit the Arts Application to
the Committee.
D. The Committee shall, within thirty days from the date
of submittal of the application by the Department of Planning
and Development, submit to the City Council comments and a
recommendation on the proposed Arts Application, based upon the
guidelines set forth in Section 2.65.080 hereof.
E. The Arts Application shall then be submitted to the
City Council, which may ratify the application based upon the
guidelines set forth in Section 2.65.080 hereof.
2.65.080. Regulations for Art Work.
A. Guidelines. Guidelines for the approval of Art Work
shall include, but are not limited to, the following criteria:
1. The Art Work shall be easily visible and
accessible to the public.
2. The composition of the Art work shall be of
appropriate materials in order to be durable against vandalism,
theft and weather, and in order to require a low level of
maintenance. The review may consider the proposed location of
the Art Work.
Ordinance No. 173
3. The Art Work shall be related in terms of scale,
material, form and content to immediate and adjacent buildings
and landscaping so that it complements the Art Site and
surrounding environment.
4. The Art Work shall be designed and constructed by
persons experienced in the production of such Art Work and
recognized by critics and by his or her peers as one who
produces works of art.
5. The Art Work shall be appropriately affixed to its
site or display.
B. Limitations. The following items are not to be
considered as Art Works:
1. Art objects which are mass produced from a
standard design.
2. Reproductions of original art works.
3. Decorative, ornamental or functional elements
which are designed by a building architect as opposed to an
artist commissioned for the purpose of creating the Art Work.
4. Landscape architecture and landscape gardening
except where these elements are designed or approved by the
artist and are an integral part of the Art Work as created by
the artist.
5. Services or utilities necessary to operate or
maintain the Art Work.
C. Use and Maintenance of Art Work. Art Work acquired by
expenditures from the Art in Public Places Fund shall be the
property of and maintained by the City. The City may dispose of
such Art Work at its discretion, subject to any agreement with
artists or otherwise relating to any specific Art Work. The Art
Works acquired and installed by a Project Applicant for which
credit for the fee required by Section 2.65.040 hereof is given
pursuant to Section 2.65.100 of this Chapter shall be the
property of and maintained by the Project Applicant, except to
the extent the City has rights in or to the Art Work or the
display thereof pursuant to the agreement with the Project
Applicant entered into pursuant to Section 2.65.100 hereof.
Alternatively, Art Work acquired by the Project Applicant in
lieu of the Fee may be donated to the City to be maintained by
the City.
_ 2.25.090. Development Fee. There will be, and there is
hereby, established an Art in Public Places Fee (herein referred
to occasionally as the "Fee" or "Fees") to be collected as
follows:
-7-
ordinance No. 173
A. Fees are to be collected with respect to all Projects
prior to or at the time of issuance of a building permit, except
in the case of residential developments of more than one
dwelling unit, where the fee shall be collected on a pro rata
basis for each dwelling when it receives its final inspection or
certificate of occupancy, whichever occurs first. The Director
of Planning and Development, or other such person appointed by
him/her, is hereby appointed as the authorized individual to
collect said Fees.
B. All residential structures whose Project Costs is in
excess of $100,000 will be charged a Fee hereunder equal to the
greater of (i) 1/4 of 1% for that portion of Project Cost in
excess of $100,000; or (ii) Twenty Dollars ($20.00).
C. All commercial developments, industrial developments
and non-residential development within the City will be charged
a Fee hereunder equal to the greater of (i) 1/2 of 1% of the
Project Costs; or (ii) Twenty Dollars ($20.00); said fee not to
exeed $50,000.
D. Said Fees will be collected prior to the issuance of
any building permit commencing on the date this Ordinance
becomes effective.
2.65.100. Credits; Aqreements as to Particular Projects.
A. A Project Applicant may apply for a credit against the
Fee otherwise required to be paid by the Project Applicant under
Section 2.65.050 hereof, of one hundred percent (100%) of the
cost of an Art Work and costs of installation for including an
Art Work in an Art Site subject to this Chapter, provided that
such work shall be approved by the Committee, and the Project
Applicant shall enter into a written agreement with the City
providing that the Art Work shall be installed, maintained and
open to public view at reasonable hours for a minimum period of
25 years after installation. The written agreement may be
extended by the city for 10 year increments.
B. Nothing herein shall restrict the City council from
waiving the requirements of this Chapter, in whole or in part,
with respect to any Project otherwise subject to the provisions
of this Chapter, provided that the City Council determines that
the Project Applicant has entered into an agreement with the
City making provision for the acquisition and installation of
Art Works in connection with the development of the Project
which addresses the goals and aims of this Chapter in a manner
equally favorable to or on a basis more favorable to the City
than would be achieved by strict compliance with this Chapter.
2.65.110. Art in Public Places Fund.
A. Accounting. The Fees imposed pursuant to Section
2.54.090 of this Chapter and any other monies collected
ordinance No. 173
in accordance with provisions of this Chapter shall be deposited
in a separate account, entitled the "Art in Public Places
Fund". The City Manager or his/her designee shall establish
accounting records sufficient to identify and control these
funds. The amounts held in the Art in Public Places Fund shall
otherwise be accounted for, deposited, invested and expensed as
provided by law and the practices and policies of the City. The
account containing these funds may be invested along with other
moneys of the City and the investment earnings thereon shall be
used for and be subject to the same restrictions established in
subsection (B).
B. Use of Fund. Expenditures of the Fees collected in
the Art in Public Places Fund may include the following:
1. The cost of Art Work and its installation.
2. The cost of purchase or lease of Art Sites.
3. Water works, landscaping, lighting and other
objects which are an integral part of the Art Work.
4. Frames, mats, pedestals, and other objects
necessary for the proper presentation of the Art Work.
5. Walls, pools, landscaping or other architectural
or landscape architectural elements necessary for the proper
aesthetic and structural placement of the Art Work.
6. Expenditures for maintenance and repair of Art
Work.
7. Administrative expenses to otherwise implement any
provision of this Chapter, however, in no event shall said
administrative expenses exceed 50 of the total funds in said
account on July 1 of any year nor $25,000 in any fiscal year.
D. Endowments. The Art in Public Places Fund shall also
be used as a depository for endowments, bequests, grants or
donations. Such sums may be expended as set forth in subsection
(B) above and for art exhibitions or displays as approved by the
City Council.
E. Replacement. For those Art Works that have been
purchased with monies from the Art in Public Places Fund or
donated to the City, the City may determine to sell or exchange
existing Art Works for replacement Art Works. Any funds
obtained from the sale of Art Work shall be credited to the Art
in Public Places Fund. Art Work owned privately and on display
by In -Lieu Agreement may be exchanged with City Council approval
or the original Fee paid to the Art in Public Places Fund.
mom
Ordinance No. 173
F. Reimbursement. In the event Fees have not been
committed for a use as specified in subsection (B) above within
two years of their collection, said Fees in the Art in Public
Places Fund shall be distributed by the Director of Planning and
Development to the person or entity who has paid the Fees or in
any other manner permitted by law.
2.65.120. Implementation and Administration of this
Chapter. The City may enter into agreements, upon
recommendation of the Committee or otherwise, for the purchase
or commissioning of Art Works, the purchase and lease of Art
Sites, for insuring Art Works, for the display of Art Works on
Art Sites not owned by the City, for installation of Art Work or
the repair, maintenance of servicing thereof and for or relating
to all other matters necessary or appropriate to implement the
Art in Public Places Program.
-10-