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HomeMy WebLinkAbout1999-02-23 - AGENDA REPORTS - PUBLIC ART PGM (2)CITY COUNCIL AGENDA REPORT NEW BUSINESS City Manager's Approval Item to be presented by: L DATE: February 23, 1999 SUBJECT: CITY-WIDE PUBLIC ART PROGRAM DEPARTMENT: Planning and Building Services RECOMMENDED ACTION Hardy City Council to provide input and guidance to staff on whether to pursue opportunities for the initiation of a City-wide public art program. BACKGROUND In July 1998, City staff, in response to a request by the Planning Commission, began researching opportunities for a City -initiated public art program. With the large amount of new development occurring in the City, it was suggested that incorporating a requirement for on-site artwork (or an art in -lieu fee) into the development process would significantly expand the opportunities for Santa Clarita residents and employees to experience artwork, whether in an office plaza or within a public park. Such a program would also complement the City Beautification Master Plan, which is currently being prepared. Staff has collected and reviewed a variety of materials from cities in Los Angeles and Orange counties regarding their public art program and the associated art fee for new development. These materials provide a template for developing guidelines and requirements for a public art program and the associated public art ordinance. Attached is a detailed outline that highlights the primary components of a public art program and the issues to be considered as part of program initiation. We have also attached a copy of Culver City's "Art in Public Places Developer Handbook" which provides clear, streamlined and user-friendly guidelines for the implementation and management of a municipal art program. On October 20, 1998, staff made a presentation to the Planning Commission to both inform them about initiating a public art program and to solicit a recommendation on whether to pursue the item further. In general, the Planning Commission supported the concept of an art in public places program, but expressed some concern regarding additional developer fees and administrative costs to the City. This presentation was also made to the Parks and Recreation Commission on February 4, 1999. The Parks and Recreation Commission expressed support and enthusiasm for such a program and encouraged staff to continue its research. Staff will also obtain input from the Arts Alliance (advisory body for the Cultural Arts Master Plan) on February 18 prior• to bringing the item before City Council. Agendae Item: FISCAL IMPACT The program, as proposed, would draw upon developer fees to fund public art projects initiated by the City. No additional commitment of City funds for artwork development is proposed at this time. Costs related to the development and installation of artwork for private development projects would not require City funding and, therefore, would not place additional demand on the City's financial resources. However, ongoing administrative costs to manage the public art program would result following program initiation. ENOM : u7UMUMS 1. Launching a City -Wide Public Art Program — outline prepared by City staff 2. City of Culver City Art in Public Places Developer Handbook LMH s:\pbs\advance\pubart\arpbart.doc LAUNCHING A CITY-WIDE PUBLIC ART PROGRAM FEBRUARY 1999 I. PURPOSE AND NEED 1. Why now? Opportunity to create a proactive, City -initiated public art program 2. High development activity occurring in the City — opportunity for greater private sector participation 3. Time is right with initiation of the City Beautification Master Plan A. Benefits of Public Art • Public art as a tool for community building • Opportunities to involve children and students (i.e. mural painting) or design artwork for child play (i.e. sculpture designed for climbing in park) • Celebration of historic character / cultural diversity; celebrate a community within a community; recognize key historic individuals and events • Design solution — help facilitate desirable public space; alter perception of space (enclose or increase); streetscape improvement / aesthetic improvement to public spaces and corridors • Deterrent to vandalism / graffiti — i.e. mural or ceramic tile mosaic on walls • Economic boost — add visual interest to area / enliven area — complement businesses and create exciting environment that facilitates street activity; create desirable area to do business, shop, and dine • Thought-provoking; educational benefits for children and adults B. Goals and Objectives • Design of future projects to include a public art component • Add to arts and cultural resources of the City of Santa Clarita Physical and cultural heritage in everyday life of community: opportunity to encourage `cultural representations' of the area which focus on the historic and indigenous character of the Santa Clarita Valley C. Public Art Defined • Accessible for public experience • Located on either public or private property 0 Original object or design by artist (not mass-produced) Public Art Program February 1999 Page 2 II. PROGRAM COMPONENTS A. Two main components for program initiation: (1) Development of municipal art program which provides specific requirements and guidelines for all aspects of program implementation and management. (2) Creation of public art ordinance to be incorporated within the City's Municipal Code. B. Two options for fulfilling the requirements of the public art program: (1) In -lieu fee for public art (2) On-site public art Some cities require that new development contribute to the general fund for public art unless the development cost exceeds a certain level (i.e. $10 million). Only then is on-site artwork considered as part of this program. Other cities, like Culver City, allow the developer to choose whether they will provide on-site public art, contribute to the public art fund, donate artwork off-site, or combine the public art fund option with on-site art to fulfill program requirements. The fee option could be substantially less money than the on-site artwork option, depending on the type and scale of on-site artwork envisioned by the developer. For this reason, a developer may end up paying more than the required amount for public art. However, the on-site artwork option is often preferred given that the development project directly benefits from installation of public art, whereas contribution to the City's art fund is not directly reflected in the developer's project. C. City -Initiated Projects • Install artwork using art funds Locations: parks, libraries, schools, street medians, freeway on- and off - ramps, trail system, transit centers Examples of eligible arts budget expenditures: support public art; cultural facilities; cultural programming; conservation and maintenance of public art; artists on design/planning teams; cultural events and festivals; long-range planning; documentary projects; other programs pertaining to arts and culture in Santa Clarita Public Art Program February 1999 Page 3 III. PROGRAM REQUIREMENTS A. Applicability • Development types — both public and private ➢ Large-scale commercial ➢ Large-scale office ➢ Large-scale residential ➢ Institutional (civic centers, hospitals, private schools) ➢ Mixed-use projects (predominantly commercial, office or institutional in character — may include industrial) • Threshold for applicability established by either: ➢ Square footage of project (i.e. 1 acre) ➢ Total development cost (i.e. $250,000) B. Exemptions • Projects not exceeding the square footage or development cost threshold for applicability • Projects with building permits issued prior to effective date • Low/moderate income projects and senior citizen residences • Redevelopment projects * Some cities exempt projects within a redevelopment area. Others require that public art be included with redevelopment projects to aid in the area's economic and social vitality. C. Types of Artwork • Sculpture, earthworks, murals, mosaics, monuments, wall hangings, tapestries, photographs, etchings, engravings and paintings • Typically freestanding or freehanging. However, for maximum flexibility, allow artwork to be incorporated within building design and architecture. * Some cities require that on-site public art not include any architectural, structural, decorative, or functional elements that are part of the building/structure design and/or designed by either the architect or other Public Art Program February 1999 Page 4 design consultant retained for the development project. Other cities include a provision for architecture as an art option if the project's architecture has cultural significance. D. Placement of Artwork • Prominent location • Publicly accessible space • Directed more toward pedestrians than motorists • Outdoor space • Indoor space for unusual circumstances — for example, when an indoor area is the superior location with open pedestrian area and accessible X hours (i.e. 10-12 hours) daily • Off-site location acceptable if no reasonable on-site location E. Conditions of Approval and Contract/Design Service Agreement • Occupancy certificate not issued by City until compliance determined (either fee paid or on-site public art installed, or combination of the two) • Financing agreements negotiated between developer and artist - results in no liability for City IV. SELECTION PROCESSES A. Selection Process = Artist • Request for qualifications • Establish evaluation criteria for selection of artist B. Evaluation Process and Criteria for Artwork Selection • Evaluation process for artwork: ➢ Conceptual Review ➢ Preliminary Review ➢ Final Review ➢ Design Check Public Art Program February 1999 Page 5 ➢ Construction Check • Review of artwork design based on set of criteria: ➢ Authenticity / originality ➢ Appropriateness to character of City • Timing of artwork review: ➢ Option to conduct artwork review simultaneously with development review process (enables developer to get a head -start, especially if artwork will be incorporated into design of building) ➢ Option to conduct artwork review after developer receives development approval (site plan to indicate reserved space for artwork to be determined at later time) * Important that development approval is not based on approval of artwork. V. ONGOING PROGRAM IMPLEMENTATION & MAINTENANCE A. Ownership of Public Art • Responsible party - developer or its successor for lifetime of development project • Option for City ownership of public art for both public and private development projects • Artist copyright • Artist warranty — X -year period * Need for specific and clear provisions for ownership of public art associated with property ownership changes and long-term maintenance B. Maintenance • Comprehensive program for long-term maintenance of artwork — maintenance and repair 0 Property maintenance covenants Public Art Program February 1999 Page 6 VI. ISSUES AND CONSIDERATIONS 1. Thresholds for applicability — should it be based on square footage / developments over 10 units / total development cost? 2. For large-scale residential developments, would cost of public art get passed on to the residents? 3. Initiate public art program as a phased program — begin with larger projects 4. Critical to have extensive community outreach as program is developed — involve community groups, school districts, Newhall Land and Farming, etc. LMH s:\pbs\pingcom\pbartout.doc I ART IN PUBLIC PLACES DEVELOPER HANDBOOK DECEMBER 1988 (Updated January 1998) J J 3 TABLE OF CONTENTS Page L INTRODUCTION AND PURPOSE 1 II. APPLICABILITY 1 III. EXEMPTIONS 2 IV. GUIDELINES FOR ART WORK 2 V. CULVER CITY ARTS COMMITTEE 3 VI. OPTIONS FOR FULFILLING PROGRAM REQUIREMENT 4 • Intake Form 4 • Payment of Fee Option 4 • Donation of Art Work Gption 4 • Installation of Art Work Option g • Architecture as Art Option 6 VII. CERTIFICATE OF OCCUPANCY 7 VIII. APPENDICES • Form #1 • Form #2 • Ordinance CITY OF CULVER CITY ART IN PUBLIC PLACES DEVELOPER HANDBOOK DECEMBER 1988 (Updated January 1998) The City of Culver City has prepared this manual in order to provide the public with the necessary information and requirements pertaining to the placement of art work in accordance with the Art in public Places Program. The City of Culver City believes the image of a city is more than just its l or the physical characteristics of its streets ayout and buildings, One major element of a City's image can be its art. Art can make a statement to all about who and what a city is, how it views itself, and how it is viewed by others. In keeping with this philosophy, the City Council of the City of Culver City adopted an ordinance implementing an "Art in public Places" program in September 1988. The program is designed to intertwine public art with the City's private growth and development. Public art can serve as a business trademark conveying growth and prosperity to the private and public sector alike. Ir. APPLI ABILITY All new residential developments of five or more units, commercial, industrial, and public building development projects are required to comply with the City's public art requirement when the development project has a building valuation above $500,000, or when rehabilitation of the same development projects as listed above exceeds $250,000, excluding earthquake rehabilitation. The value of residential units covenanted for low moderate income households or for senior citizen developments are excluded. The total building valuation shall be computed using the latest Building Valuation Data as set forth by the International Conference of Building Officials unless, in the opinion of the Building Official, a different valuation measure should be used. —/1J s Abuilding with a valuation of up to 5500,000 is not subject to the art requirement. A valuation of $500,001 and higher requires that 1% of the total valuation be allocated for art work. Examples of the. art allocation formulas are as follows: Building Valuation 5 500,000 (no art required) 750,000 (1% of valuation) 1,000,000 5,000,000 10,000,000 25,000,000 50,000,000 Minimum Art Allocation -0- 7,500 10,000 50,000 100,000 250,000 500,000 Buildings which are designed and dedicated to performing arts spaces or museum uses are exempt from the Art in Public Places Program requirement for as long as the performing arts or museum uses are maintained within the building. Additionally, the value of a residential unit covenanted for low or moderate income households or for senior citizens shall not be included when determining the value of a new or renovated residential development. Guidelines for the selection, acquisition, placement, identification, and maintenance of art work are as follows: A- Only the following types of art work shall be permitted: sculpture; murals or portable paintings; earthworks; fiberworks; neon; glass mosaics; photographs; prints; calligraphy; and other forms of physical had media B. The art work shall be accessible to the public a minimum of 10 hours per day. C. The art work shall be located in an area specifically designated for such purpose. Installation 'of the art work shall be planned and implemented to enhance the work and allow for unobstructed public viewing from as many angles as possible. •2. D. The art work submittal shall include a complete site plan with landscaping, lighting and other appropriate accessories to complement and protect the art work. E. The composition of the art work shall be of permanent materials and require a low level of maintenance. Durable and weather resistant materials are recommended for outdoor art work. F. The art work shall be constructed in a size that is proportional to the size of the adjacent buildings(s). G. Expressions of bad taste or profanity, which would likely be offensive to the general public, are not permissible. H. If the art work is an art sculpture, it shall be designed by persons with experience and knowledge of monumental scale sculpture. I. Developers shall be encouraged to provide a wide range of styles, materials and types when selecting an art work for the program. J. Each piece shall be identified by a plaque measuring approximately 8" x 8". The plaque shall be made of cast metal (if for outdoor art) and will be placed in an appropriate location near the art piece and shall list only the date, title and the artist. K. The artwork shall be maintained by the property owner in a neat and orderly manner in accordance with the maintenance covenant recorded by the owner of the site. L. The artwork shall be a permanent, fixed asset to the property. J_ . ' �� • ' • amu! � . The Culver City Arts Committee (CCAC) is appointed by the City Council and serves to review proposed art for public areas in Culver City and to maintain quality and diversity for the community. CCAC appointees have an art orientation and/or are qualified by education and/or experience in the field of art and/or architecture. The CCAC is comprised of a member of the Planning Commission, a member of the Human Services and Parks Commission and nine citizen at -large representatives. CCAC meetings are regularly scheduled for the third Wednesday of each month at 7:00 P.M. Any person may appeal a CCAC decision by Sling an appeal in accordance with Article XXA of Chapter 37 of the Municipal Code, commencing'with Section 37-120A. .3- 9 A. Intake Form Every developer proposing a project subject to the Art in Public Places Program requirements (or which is assumed to be subject to the Program requirements), shall fill out an intake form (Form 01) at either the Building Division or Planning Division public counter indicating how the developer intends to comply with the art requirement. B. Payment of Fee Option If the developer is subject to the Art in Public Places program and chooses to pay a fee to the City Art Fund, such payment completes the developer's obligation for the Art in Public Places Program. This payment based on building valuation as determined by the Building Official must be made prior to the final City approval (such as final inspection or Certificate of Occupancy) for any project subject to the Art in Public Places Program. Payment shall be made at the Building Division public counter. C. Donation of Art Work Option The developer may choose to fulfill the art requirement by donating art to the City. The value of the art work, including acquisition and installation costs, must equal one percent (1%) of the building valuation of the project. Only the forms of art identified in Section IV, Guidelines, may be accepted. The developer shall submit to the Culver City Arts Committee the following items: 1. Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to identify the nature of the art work. 2. An appraisal or other evidence of the value of the proposed art work. A written agreement executed by or on behalf of the artist who created the art work which expressly waives his or her rights under the California Art Preservation Act or other applicable law. 4- -/J I -4. Other information as maybe required by the CCAC to adequately evaluate the proposed donation of art work. A2proval Process The CCAC shall review and make its recommendation to the City Council. The City Council shall have sole authority to accept, reject or conditionally accept the donation. D. Installation of Art Work Option Upon submission of a building permit or development application, the Building Division and/or City Planning Division, respectively, shall give a copy of the Art in Public Places brochure, application (Form #2) and Developer Handbook to the developer. The City Planning/Building Divisions will generally advise the developer of the Program and recommend contact with Community Development staff for further direction and program clarification. It is the intent and hope of the City of Culver City that the procedure established to implement this program will not negatively impact the timing for development plan approval. To that end, it is recommended that developers interested in placing art work on their site advise the City Planning Division of their decision at the earliest possible time. It will be necessary to schedule the developer (plus project architect, artist, and landscape architect as appropriate) to attend the first available meeting of the Culver City Arts Committee (CCAC). If the project is subject to Planning Commission review, it is recommended that the CCAC review the type, siting, and placement of the art work prior to the Planning Commission review of the site plan. Submittal Requirements If the developer wishes to install art work on the site, he or she shall submit to the City Planning Division a completed Art in Public Places application (Form 42) and the following items: 1. A graphic or artist illustration in sufficient descriptive clarity of the art work depicting several views. 2. Preliminary sketches, photographs or slides of the subject art work depicting several views. A model of the art work, if available. -5- 4. An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs. Preliminary site plans containing information to adequately evaluate the location of the art work in relation to the proposed development and its compatibility with the proposed development. 6. A narrative statement of the art project. The artist's resume. The subject art work shall be an integral part of the landscaping and/or architecture of the building. Details as to specific landscaping and architectural treatment integrating the piece into an overall project design and maintenance factors required to insure its permanence shall be included. Approval Process Upon receipt of the application, a meeting shall be scheduled with the Culver City Arts Committee (CCAC) for its review and approval. If a development project is otherwise subject to Planning Commission review and approval and includes placement of on-site art, the CCAC will review the completed application and make a recommendation to the Planning Commission concerning the proposed art work, its proposed location, aesthetic quality and harmony with the proposed project and the public accessibility to the art work The Planning Commission shall consider the recommendations of the CCAC in the review and approval of the proposed project. If the Planning Commission recommends significant revisions to the architecture or physical design and layout subsequent to receipt of the CCAC recommendation, the application shall be returned to the CCAC for further review and recommendation regarding the revisions proposed'by the Planning Commission prior to resubmittal to the Planning Commission for final review and approval. If the architect of the project is substantially recognized by the art world and the project's architecture expresses ideas or meaning and have cultural significance or conceptual complexity in relation to the Ci totality of the development, the developer may apply to have the City consider the architecture as art in fulfillment of the public art requirement. Or, the architecture can be considered art if it is created as a collaborative effort with an artist and the artist has major design control of the portions of the architecture to be considered art. Submittal Requirements A developer must make'twopresentations to the CCAC. The first presentation must be made before the development application is complete. In addition to the submittal requirements identified in Section V, D (Installation of Art Work), the developer must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning,cultural significance or conceptual complexity expressed in the architecture. The second presentation shall be made at the completion of the City approval process. The developer must submit a maquette and other materials which satisfactorily illustrate the to -be -built development. The developer and architect must also demonstrate that high quality materials and craftsmanship will be used in the execution of the construction. The CCAC shall make its recommendation to the City Council to accept the architecture as art only if, in its judgment; the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to Culver City. VII. CERTIFICATE OF OCCUPANCY UPANf Y The Art in Public Places Ordinance does not allow the developer to occupy a development project until the approved art work is placed on site gr an in -lieu amount has been paid into the City Art Fund gr a combination of payment/placement is completed gr the requirements of the Ordinance are satisfied through the donation to the City of art work accepted by the City Council. If any approved art work placed on private property pursuant to the Program is removed without City approval, the Certificate of Occupancy may be revoked. -7- IFOR OFFICIAL USE . BLDG. PLAN CK. 1 a PLANKNIC FILE 1 FORWARD ORIGINAL TO: CCeNNITy DEVELOPMENT DIFECIOR CITY OF CALVER CITY =UIF® AM IN PUBLIC PLACES PFELIMINA& INTAKE raw POW fl FORM #I ITZTRt=ICNS: This form is to be completed and submitted concurrent with submittal of app ic—T' aeion(sI to the Planning Division or submittal of plane for plan check with the Building Division when no planning application is required. For general information regarding Culver City's Art in Public Places Program, see the reverse side of this form. PLEASE PRINT. Pro[n_rty Omer Addrecc . Street City Zip Telephone Architect Address Street -- _,y Zip Telephone I 1 Contact Person/Froject Coordinator Address treec City Zip Telc"Ic Project Address How Construction -( ) Remodeling Jeb ( ) Description of Proposed Size and Use of Structure to be Constructed or Remodeled: Applicant/Propecty Owner's Estimated Total Project Cast leselusiveof land and offsite improvements): S It is the intention of the project ower/applicant for ( ) Pay is of the construction value as detecnirod/verified by the Building. Official to the City's Art Fund. ( ) Donate approved art to be accepted by the City Council. ( ) To purchase/camission approved art work to be placed in a satisfactory manner on the job site. (AM11se Developer Handbook for information as to the process to offset Approval Of art and site plapmehe of art.) 1 ) Canbinatim of approved art work placed M site plus payment to City Art Fund. we the undersigned haw read the Culver City Art in Public Places Prograe Ordinance. we understand that w must comply with the pecvisiom of this Ordinance prior to City sign-aff of final inspection or issuance of a Certificate of azupaney for the dewlWeehe/rescdsling activity proposed above. We agree to work with City agencies or offices as necessary to fulfill the terms and guidelines applicable to the activity prop�aed Parties Listed abovi. (Signature Psgeired By BON etlow.) aS C014= PzRSCUPRD.= CCORDDATOR APPENDICES �� PFOPEICy ?rrttA - SIMATM/ // TO BE COMPLETED BY APPLICANTS FORM #2 WHO CHOOSE TO PLACE ARTWOF4K ON THEIR SITE FORki # 2 Location/Address Project Developer Property Owner Title of Art Work Artist Address City _ Media CITY OF CULVER CITY ART IN PUBLIC PLACES PROGRAM PROPOSAL APPLICATION Work Phone Phone Approximate Weight Dimensions Approximate Cost Description of Art Work Location of Identification Plaque Description of Sculptural Foundation Date of Installation " Oistance Between Public Street and Art Work Other Comments Enclose artist background information and one or more of the following formats: A. 8 x 10 photographs (or slides) depicting several views of artwork B. Artists rendering depicting several views of art work C. Model of artwork Enclose appraisal or other evidence of value of the proposed artwork, including acquisition and installation costs. If not located outdoors describe how art work will be accessible to the public 10 hours per day. a ORDINkNCE ARTICLE IL ART IN PUBLIC PLACES Section 33H-10. Purpose. The City Council finds and declares: 468-36a (Culver City 2.10.97) I § 33H-21 Culver City Code § 33H-22 (a) Cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting 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 the real property within the City continues, the opportunity for creation of cultural and artistic resources is diminished. (d) As this development and revitalization continues as a result of market forces, urbanization of the community results. (e) 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. (f) Development of cultural and artistic assets should be financed by those whose development and revitalization diminishes the availability of the community's resources for those opportunities and contributes to community urbanization. (g) Establishment of this 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. Ord. No. 88-019 § 2. Section 33H-21. Culver City Arts Committee Established. There shall be a Culver City Arts Committee to fulftil the duties established in this Article. The City Council may prescribe, by resolution, other duties, and the qualifications of and appointment process for the members of the Committee. Ord. No. 88-019 § 2. Section 33H-22. Fund Created. There is hereby created a fund to be known as the "City Art Fund" to account for fees paid pursuant to this Article. This fund shall be maintained by the City Treasurer and, subject to Sections 33H-30 and 33H-32, shall be used solely for the acquisition, installation, improvement, maintenance and insurance of an art work, or to sponsor or support performing arts. Ord. No. 88-019 § 2, Ord. No. 94-004 § 2) (Culver City 6.27.94) 468-36b § 33H-23 New Development Fees § 33H-23 Section 3311.23. Applicability. (a) All new residential development of more than four (4) units, and all commercial, industrial, and public building development projects, with a building valuation exceeding Five Hundred Thousand Dollars ($500,000.00) shall be subject to the provisions of this Article, provided that the value of a residential unit covenanted for low- or moderate -income households, or for senior citizens shallnot be included when determining the value of a residential development. (b) Including but not limited to exterior and interior modifications and additions, all remodeling of existing resi- dential buildings of more than four (4) units, and all remodeling of existing commercial, industrial and public buildings, shall be subject to the provisions of this Article when such remodeling has a valuation exceeding Two Hundred Fifty Thousand Dollars ($250,000.00), excluding earthquake rehabili-tation required by this Code for seismic safety. As used herein, the value of a residential unit covenanted for low - or moderate -income households or for senior citizens shall not be included when determining the value of a residential development. Ord. No. 88-019 § 2. 468.36b.1 (Culver City 6.27.94) /-,W/ § 33H-24 New Development Fees § 33H-25 Section 33H•24. Certificates of Occupancy. (a) No final City approval, such as final inspection or a Certificate of Occupancy, for any project subject to this Article shall be granted or issued unless and until full compliance with the art in Public Places Program is achieved, in one (1) or more of the following ways: (1) The approved art work has been placed in a manner satisfactory to the Community Development Director. (2) In lieu art fees have been paid. (3) Financial security in an amount equal to the acquisition and installation costs -of an approved art work, in a form approved by the City Attorney, has been posted. (4) Donation of an approved art work has been accepted by the City Council. (b) For the purposes of this Subsection (a), "full compliance with the Art in .Public Places Program" shall not be found until the entire program allocation required by Section 33H-25 for the project has been satisfied. (c) If any approved art work placed on private property pursuant to this Article is removed without City approval, the Certificate of Occupancy may be revoked. Ord. No. 88-019 § 2. Section 33H-25. Program Allocations. (a) The program allocation, as used in this Article, is the percentage of the building cost which is set aside for the City's - Art in Public Places Program and shall be an amount equal to one percent (1%) of the total building valuation for an applicable project, excluding land acquisition and off-site improvement costs. The total building valuation shall be computed using the latest Building Valuation Data as set forth by the International Conference of Building Officials (ICBO) unless, in the opinion of the Building Official; a different valuation measure should be used. (b) In lieu of placement of an, approved art work, the applicant may pay to the City Art Fund an amount equal to the program allocation set forth in Subsection (a). (c) Nothing in this Section shall prohibit the applicant from placing an approved an work with acquisition and installation 468-36c (Culver City 1231.88) .. /14 I 33H-26 Culver City Code § 33H-27 costs in an amount Iess than the program allocations; provided that the applicant shall also pay to the City Art Fund an amount equal'to the difference between the program allocation and the costs of acquisition and installation of such art work Ord. No. 88-019 § 2. Section 3311.26. AppHeation Procedures for Placement of Art Work on Private Property. An application for placement of art work on private property shall be submitted to the Planning Division and shall include: (a) Preliminary sketches, photographs or other documen- tation of sufficient descriptive clarity to indicate the nature of the proposed art work; (b) An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs; (c) Preliminary plans containing such detailed information as may be required by the City Planner to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and (d) A narrative statement to be submitted to the Culver City Arts Committee to demonstrate that the art work will be displayed in an area open and freely available to the general public at least ten (10) hours each day, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the art work or its placement on the site. Ord. No. 88-019 § 2. Section 33H-27. Approval for Placement of Art Work on Private Property. (a) Except as provided in Subsection (b), completed appli- cations shall be submitted to the Culver City Art§ Committee for review and approval of the art work, considering the aesthetic quality and harmony of the art work with the existing on-site improvements, and the proposed location of and public accessi- bility to the art work (b) If a development project is otherwise subject to Planning (Culver City 12-31.88) 468-36d New Development Fee=_ $ 33H-28 Commission review and approval and includes on-site piacement of art work, the Culver City :arts Committee shall review the completed application and make a recommendation to the Planning Commission concerning the proposed art work and its proposed location, considering the aesthetic quality and harmony with the proposed project, and the public accessibility to the art work, including any recommended conditions of approval. The following shall apply to the review and approval of such development project and art work. (1) The Planning Commission shall consider the recom- mendations. of the Culver City Arts Committee in its review and approval of the proposed project. (2) If the applicant proposes or the Planning Commission recommends significant revisions to the architecture or physical design and layout of the proposed project subsequent to receipt of the Culver City Arts Committee recom- mendation, the revised application shall be returned to the Committee for further review and recommendation concerning the revised proposal prior to resubmittal to the Planning Commission for final review and approval. (c) Any person may seek review 'of a Culver City Arts Committee decision made pursuant to Subsection (a) by filing an appeal in accordance with Article XXA of Chapter 37 of this Code, commencing with Section 37-1204; provided that, for purposes of this Section the reference herein to Planning Commission and Commissioners shall be deemed to mean Arts Committee and Committee members, respectively. Ord. No. 88-019 12. Section 33H-28. Application Procedure for Acceptance of Art Work Donated to the City. An application for acceptance of art work to be donated to the City shall include: (a) Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work-, (b) An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs; (c) A written agreement executed by or on behalf of the artist who created the art work which expressly waives his or her 468-36* (Culver City 6.27.94) a § 33H•29 Culver City Code § 33H-31 rights under the California Art Preservation Act or other applicable law; and (d) Other information as may be required by the Culver City Arts Committee to adequately evaluate the proposed donation of art work. Ord. No. 88-019 § 2. Section 33H-29. Review of Application for Acceptance of Art Work Donated to the City. (a) Completed applications shall be submitted to the Culver City Arts Committee for review and recommendation to the City Council. (b) Recommendations shall be forwarded to the City Council, which shall have the sole authority to accept or reject or conditionally accept the donation. Ord. No. 88-019 § 2. Section 33H30. Limitation on Forms of Art (a) Private Property. Subject to the provisions of 33H-26, 33H- 27 and 33H-31, if a person subject to this Article chooses to meet the art in public places allocation requirement by providing art, the only form of art which can satisfy the requirement is placement of an approved art work on private property. As used in this Article, an "art work' is a sculpture, mural or portable painting, earthwork, fiberwork, neon, glass mosaic, photo- graph, print, calligraphy; or other form of physical hard media. (b) Donation of Art. Subject to the provisions of 33H-28, 33H- 29 and 33H-32, if a person subject to this Article chooses to meet the art in public places allocation by donation of art, the only form of art which can be donated to the City is an art work, as described in subsection (a). Ord. Na. 88-019 § 2, Ord. No. 94.004 § 3. Section 33H -3L Ownership of Art Work. (a) All art work placed on the site of an applicant's project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the owner of the site. (Culver City 6-27.94) 468-36f § 33H_37 New Development Fees § 33H-32 (b) Maintenance of art work, as used in this Article, shall include without limitation, preservation of the art work in good condition to the satisfaction of the City, protection of the art work against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City Attorney. Prior to placement of an approved art work, applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the art work. Failure to maintain the art work as provided herein is hereby declared to be a public nuisances (c) In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs therefor shall become alien against the real property. (d) All art work donated to the City shall become the property of the City upon acceptance by the City Council. Ord. No. 88-019 §2. Section 3311-32. Art Work on Public;, Property and Performing Arts. (a) The Culver City Arts Committee shall prepare an annual plan for the Art in Public Places Program. (b) The Culver City Arts Committee may recommend to the Ciry Council the purchase of art work to be displayed on public property. A recommendation shall include the type of art work considered, an analysis of the constraints applicable to placement of the art work on a site, the need for and practicality of the maintenance of the art work, and the costs of acquisition and installation of the art work. (c) An expenditure from the City Art Fund may be made for the performing arts; provided that the City Council, in its sole discretion. approves the expenditure and further provided the performance occurs at a location in the City of Culver City, or owned or controlled by the • City or the Culver City. Redevelopment Agency. Ord No. 88-019 §2, Ord No. 94-004 § 4• 468-36g (Culver City 2.12.967 § 33H-33 Culver City Code § 33H-34 Section 33H-33. Return of Fees. (a) Fees paid into the City Art Fund which are not committed within five (5) years from the date of payment may be returned to the then current owner of the development project, with all interest actually earned thereon, if a written request for return is filed with the City Treasurer during the fifth year after payment, and refund of the fees is approved by the City Council. The request for return shall be verified, and include the date of payment, the amount paid and method of payment, the location of the new development for which the fee was paid, and a statement that the applicant is the payor of the fees or the current owner of the development project. (b) The City Council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines any one (1) of the following applies: (1) The City Council finds the fee is needed for the Art in Public Places Program. (2) Moneys were not posted as fees, but were satisfied by letter of credit, bond or other instrument taken to secure payment at a future date. (3) The administrative costs of refunding uncommitted fees pursuant to this Article exceeds the amount to be refunded; provided notice of a public hearing on this issue has been published and posted on the site of the development project in not less than three (3) places. Ord. No. 88-019 § 2, Ord. No. 96-007 § 1 (part). Section 33H-34. Criteria for Approving Architecture as Art. The, following criteria shall be used to determine, on a case-by-case basis, whether architecture can be considered art for purposes of fulfilling the City's public art requirement. (a) The architect shall be substantially recognized by the an world in shows, museums, and/or publications. (b) When reviewing architecture as art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture as a whole or certain architectural features shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object (Culver City 2-10-97) 468-36h I § 33H•35 New Development Pees § 33H-35 (c) In the alternative, architecture can be considered art if it is created as a collaborative effort with an artist, the artist does a majority of the work, the artist has major design control of the portions- of the architecture to be considered art, and the artist has been brought in early in the process. The artist shall have experience and knowledge of monumental scale sculpture. (d) The architecture must meet all the general criteria regarding placement of artwork on private property as defined in Section 33H-26 et seq. of the Code. Ord. No. 95-016 § L Section 33H-35. Procedure • Approving Architec u e as Art The following procedure must be followed by the developer to fulfill the public art requirement with the building's architecture. (a) A developer must make two (2) presentations to the Culver City Arts Committee: (1) The first presentation shall be made prior to the development application being deemed complete. The developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual development. The developer and architect must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural significance or conceptual complexity expressed in the architecture. (2) The second presentation shall be made at the completion of the City approval process. The developer must then submit a maquette and other materials which satisfactorily illustrate the to -be -built development. (3) If a development application was received prior to the adoption of this Section, the above requirements for the timing of a developer's presentations to the Culver City Arts Committee shall not apply, provided the first presentation is made by April 30,1996. (b) The developer and architect shall demonstrate that there will be high quality materials and -craftsmanship used in the execution of the construction. (c) If all of the foregoing criteria are met,"the Culver City Arts Committee shall make the recommendation to accept the architecture as art, only if, .in its judgment, the architectural 468.36h.1 (Culver City 2.12-M /�J 3 § 33H-36 Culver City Code § 33H-40 work is of e=tremely high artistic merit and would make a substantial cults:al contribution to Culver City. (d) The developer and/or architect shall have the responsibility to demonstrate that all of the foregoing criteria are met. Ord. No. 95-016 § 2; Ord. No. 96-002 § 1. Section 33H36. Exemption. Buildings which are designed and dedicated to performing arts spaces or museum uses shall not also be required to meet the one percent (1%) set-aside requirement for as long as the performing arts or museum uses are maintained within the building. Ord. *1o. 95-016 § 3. Sections 33H37 -33H39. Reserved. ARTICLE M. RESIDENTIAL DEVELOPMENT PARK DEDICATION AND IN LIEU PARKI..AND FEES Section 33H-40. Purpose The City Council finds and declares: (a) The public interest, convenience, health, welfare and safety require neighborhood and community park and (Culver Citp2.12.96) 468-36U