ORD 277ORDINANCE 277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING THE MUNICIPAL
CODE -CHAPTER 2.65 "ART IN PUBLIC PLACES"
The City Council of the City of La Quinta, California does ordain as follows:
SECTION 1. Chapter 2.65 of the La Quinta Municipal Code is hereby amended 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 effect 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 this 5th day of December, 1995, by the following vote:
AYES: Council Members Adolph, Perkins, Sniff, Mayor Bangerter
(One Vacancy)
NOES: None
ABSENT: None
ABSTAIN: None
ENDA BANGERTE ayor
City of La Quinta, California
A
SAUNDRA L. JVHOLA, City Clerk
City of La Quinta, California
ORDDRFr.034
Ordinance 277
DAWN HONEYWELL, Oity Attorney
City of La Quinta, California
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. 277 which was introduced
on the 21 st day of November, 1995 and was adopted at a regular meeting held on the 5th day
of December, 1995 not being less than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in three (3) places within the City of
;AUNDRA
inta as specified in a resolution of the City Council.
L. JUH LA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on December 14, 1995 pursuant to City Council
SAUNDRA L. JUROLA, City Clerk
City of La Quinta, California
ORDDRFr.054
Ord 277
2.65.010
Chapter 2.65
ART IN PUBLIC PLACES
Section:
2.65.010
Intent and purpose.
2.65.020
Findings
265.030
Definitions.
2.65.040
Formation and functions of the Art in Public Place Commission
2.65.050
Requirement to provide art work or pay development fee.
2.65.060
Projects subject to Art in Public Places Program requirements.
2.65.0707
Processing of arts application.
2.65.080
Regulations for art work.
2.65.090
Development fee.
2.65.100
Credits --Agreements as to particular projects.
2.65.110
Art in Public Places Fund.
2.65.120
Implementation and administration of this chapter.
2.65.010 Intent and purpose.
A. 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.
B. 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 further states that "the cultural resources of a city encompass
those facilities and programs which refresh, enhance or recreate 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.
C. 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 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.
D. Therefore the City Council declares that artwork 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
acquisition and installation of public art works as provided in this chapter. (Ord. 173 § 1 (part),
1990)
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2.65.010
2.65.020 Findings
The City Council makes the following findings in connection with the adoption of this chapter:
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 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 developments
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 a direct and proportionate relationship between the size of the development and the
quantity or quality of art work which can b e purchased from the fees generated by the development
upon which the fees shall be imposed. (Ord. 173 § 1 (part), 1990)
2.65030 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.
B. "Art in Public Places Fund" means the fund established by Section 2.65.110.
C. "Art site" means any site, upon which the 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. "Projects" means all construction or rehabilitation in the City covered by a single building
permit.
G. "Project costs" means the value of the improvements for a project based upon the building
permit valuation submitted. (Ord. 203 §§ 1, 2, 1992; Ord. 173 § 1 (part), 1990)
2.65.040 Formation and functions of the Art in Public Places Commission.
A. Commission Composition and Selection. The City Council establishes an Art in Public
Places Commission (the "" "Commission") composed of three members of the La Quinta Arts
Foundation nominated by the La Quinta Arts Foundation, and four at -large members appointed
directly by the City Council from the community. The Commission will be composed of seven
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members. The Commission will be confirmed and appointed by the City Council. The Commission
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 in this chapter.
B. Term of Commission. The Commission members will serve for staggered two-year terms
beginning on July 1 st 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. Commission Functions. The primary function of the Commission will be to prepare an
Art in Public Places Plan for recommendation for adoption by the City Council and the
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
Commission shall undertake the following tasks:
1. The Commission 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;
2. The Commission will work with City staff to develop a list of possible art sites;
3. The Commission 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 Commission will recommend to the City Council agreements for the purchase of
commissioning of art works, the purchase or lease of art sits and agreements for the purchase and
display of art work or the repair, maintenance or servicing of art work;
5. The Commission will meet monthly and will elect officers at its first meeting in July.
Officers of the Commission will consist of chairperson and vice -chairperson. The Commission may
adopt bylaws relating to the implementation of their work under this chapter. (Ord. 247 § 1, 1994;
Ord. 230 § 1, 1993; Ord. 226 § 1, 1993; Ord. 173 § 1 (part), 1990)
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 2.65.060,
the project applicant shall pay a development fee, as described in Subsection A of this section, or shall
comply with the provisions of Subsection B of this section. Project applicants shall indicate on their
Art in Public Places application whether the project applicant will comply with Subsections A or B
of this section.
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 of this chapter for the project.
B. Provision of Art Work. In -lieu of paying the development fee as required by Subsection
A of this section, 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
of this section. The project applicant shall receive credit for the fee required by Subsection A of this
section only in the actual amount of the cost of value of art work acquired and installed, plus costs
of installation. Only project applicants liable for a fee pursuant to Subsection A of this section that
is in excess of five thousand dollars shall be permitted to elect to provide an art work pursuant to this
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subsection unless such project applicant proposes to fiunish art work in excess of the amount of such
fee and in a minimum amount of five thousand dollars. (Ord. 173 § 1 (part), 1990)
2.65.060 Projects subject to Art in Public Places Program requirements.
A Requirements. The requirements of this chapter shall apply to all works of construction
or rehabilitation for which a building permit is applied for within the City which constitutes or
includes the following activities and which are not subject to the exceptions set forth in Subsection
B of this section:
a. New commercial and industrial construction;
2. Remodeling, repair or reconstruction of existing commercial or industrial property having
project costs which exceed one hundred thousand dollars 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;
4. Individual residential units (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 one hundred
thousand dollars.
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. (Ord. 203 §§ 3, 4, 1992; Ord. 173 § 1 (part), 1990)
2.65.070 Processing of arts application.
The requirements and procedures for the processing of Art in 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 Community Development Department 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 Community Development Department 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 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 of this chapter, 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;
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C. The Community Development Department shall, upon receipt of the arts application,
submit the arts application to the Commission.
D. The Commission shall, within thirty days from the date of submittal of the application by
the Community Development Department, 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;
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. (Ord 173 § 1 (part), 1990)
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:
a. 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;
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 produce 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 is given pursuant to Section 2.65.100 of this chapter shall be the
property of and maintained by the project applicant, except 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 2.65100. 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. (Ord. 173 § 1 (part), 1990)
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2.65.010
2.65.090 Development fee.
There will be, and there is hereby established, an Art in Public Places fee ( referred to
occasionally in this chapter as the "fee" or "fees") to be collected as follows:
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 or more than one dwelling unit,
where the fee shall be collect on a pro rats basis for each dwelling when it receives its final inspection
or certificate of occupancy, whichever occurs first. The Director of the Community Development
Department, or other such person appointed by him/her, is hereby appointed as the authorized
individual to collect the fees;
B. All residential structures whose project costs is in excess of one hundred thousand dollars
will be charged a fee hereunder equal to the greater of
1. 1/4 of one percent for that portion of project cost in excess of one hundred thousand
dollars, or
2. Twenty dollars;
C. All commercial developments, industrial developments and nonresidential development
within the City will be charged a fee hereunder equal to the greater of:
1. '/2 of one percent of the project costs, or
2. Twenty dollars;
D. The fees will be collected prior to the issuance of any building permit commencing on the
date the ordinance codified in this chapter becomes effective. (Ord. 203 § 5, 1992; Ord. 173 § 1
(part), 1990)
2.65.100 Credits -Agreements 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 of this chapter, of one hundred percent 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 Commission, and the project 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 twenty-five years after installation. The
written agreement may be extended by the City for ten 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. (Ord. 173 § 1 (part), 1990)
2.65.110 Art in Public Places Fund.
A Accounting. The fees imposed pursuant to Section 2.65.090 of this chapter and any other
monies collected in accordance with provisions of this chapter shall be deposited in a separate
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account, entitled the "Art in Public Place 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 monies 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 or 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 five percent of the total funds in the account on
July 1 of any year nor twenty-five thousand dollars 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 of this section 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.
F. Reimbursement. In the event fees have not been committed for a use as specified in
Subsection B within two years of their collection, the fees in the Art in Public Places Fund shall be
distributed by the Director of the Community Development Department to the person or entity who
has paid the fees or in any other manner permitted by law. (Ord. 173 § 1 (part), 1990)
2.65.120 Implementation and administration of this chapter.
The City may enter into agreements, upon recommendation of the Commission or otherwise,
for the purchase or commissioning of artworks, the purchase and the 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.
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