HomeMy WebLinkAbout912 - Ordinances - AMENDING MUNICIPAL CODE REGARDING CREATIVE PLACEMAKING AND PUBLIC ART ORDINANCE NO. 912
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA AMENDING THE
RANCHO CUCAMONGA MUNICIPAL CODE REGARDING
CREATIVE PLACEMAKING AND PUBLIC ART
A. Recitals.
1. Placemaking and public art enhances the quality of life for individuals living in,
working in, and visiting Rancho Cucamonga by enhancing the physical beauty of the community;
providing gathering places for residents who live in the community; encouraging the development
and appreciation of art; and enhancing the quality of development projects and the image of the
community.
2. This Ordinance will promote the general welfare by encouraging pride in the
community, build vibrant and distinctive spaces through placemaking, increasing property values,
enhancing the quality of life through artistic opportunities, uniting the community through shared
cultural experiences, and creating a cultural legacy for future generations through the collection
and exhibition of high-quality art in unique public spaces which reflects diverse styles that will
acknowledge the past, usher in the future and create programs and activities that will further these
goals.
3. On May 24, 2017, the City of Rancho Cucamonga Planning Commission held a
duly notice public hearing regarding this Ordinance, and thereafter adopted Planning Commission
Resolution 17-48 setting forth its recommendation regarding this Ordinance.
4. All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
SECTION 2. The City Council finds further based the facts found to be true and correct
in the preceding Section 1 and substantial evidence presented during its public hearing on this
Ordinance as follows:
1. This Ordinance is consistent with the City's General Plan. This Ordinance meets
General Plan Land Use Goal LU-14 by supporting public art as an important amenity of a beautiful
City. This Ordinance also meets City Council Goal At 1 by developing a public art ordinance and
funding mechanism to support art within publicly accessible spaces.
2. Adoption of this Ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of
Regulations (CEQA Guidelines), Section 15061(b)(3) because it can be seen with certainty that
there is no possibility that this Ordinance will have a significant effect on the environment. This
Ordinance does not propose any physical change to the environment itself, but instead revises
existing land use regulations to require certain development projects that require discretionary
Ordinance No. 912 - Page 1 of 12
review to include publicly accessible art and creates a process for administering a public art
program. Pursuant to CEQA, the City will review the potential significant impacts of all
development applications that are subject to the public art requirement and any discretionary
action by the City to install public art pursuant to this Ordinance. Therefore, this Ordinance will
not have a significant effect on the environment.
SECTION 3. A new Chapter 2.26, entitled "Public Art Committee," is hereby added to
the Rancho Cucamonga Municipal Code to read as follows:
"Chapter 2.26- Public Art Committee
2.26.010 Public Art Committee.
A. There is established a Public Art Committee to advise the Council
regarding the selection, purchase, placement, and maintenance of art
installed by the City or on City property, and expenditures from the City of
Rancho Cucamonga Public Art Trust Fund.
B. The Public Art Committee shall consist of five members appointed by the
Council as follows: (i) one member of the Planning Commission; (ii) one
member of the Parks and Recreation Commission; (iii) one member of the
Community and Arts Foundation; and (iv) two members of the public to be
appointed based on relevant work experience, trade, industry, or expertise.
C. The City Council shall prescribe by resolution the duties, terms of service,
qualifications, and compensation of committee members.
D. The City Manager or his or her designee shall assist the Public Art
Committee in fulfilling its duties.
2.26.020 Meetings.
Regular meetings of the Public Art Committee shall be held at such time and place
as is determined by resolution of the City Council."
SECTION 4. A new Chapter 3.72, entitled "Public Art Trust Fund," is hereby added to
the Rancho Cucamonga Municipal Code to read as follows:
"Chapter 3.72 - Public Art Trust Fund
3.72.010 Creation of Public Art Trust Fund.
There is hereby created a special fund to be known as the "City of Rancho
Cucamonga Public Art Trust Fund."
3.72.020. Use of Funds
A. All money received by the City from endowments or gifts to the City of
Rancho Cucamonga designated for the arts or pursuant to Section
17.124.020.D.2 shall be placed in the Public Art Trust Fund. All money
shall be deposited, invested, accounted for, and expended as follows:
Ordinance No. 912 - Page 2 of 12
1. The City of Rancho Cucamonga Public Art Trust Fund shall only be
utilized for the following purposes:
a. The design, acquisition, installation, improvement,
maintenance, and insurance of public art work displayed by
the City or on City property.
b. Art education programs for the community conducted on
City property; provided, that not more than five (5%) percent
of the fund's annual budget shall be used for this purpose.
C. Administrative costs reasonably related to either of the
preceding purposes.
2. Money deposited in the Public Art Trust Fund shall be held in a
manner to avoid any commingling with other revenues and funds of
the City of Rancho Cucamonga, except for temporary investments,
and all funds shall be expended solely for the purposes for which
they were collected. Any interest income earned by the money in
the Public Art Trust Fund shall be deposited in the Public Art Trust
Fund and shall be expended only for the purpose for which the
money was originally collected.
B. The City Council shall establish procedures for selecting art work to be
purchased using funds found in the Public Art Trust Fund, which may
include but shall not be limited to the following: (1) open competition; (2)
limited competition; (3) invitation; (4) direct purchase; (5) donation; or (6)
any combination of the above.
3.72.030 Return of Fees Paid In Lieu of Providing Public Art.
A. A project developer or its successor, may submit a written request to the
City for the return of any fees paid pursuant to Section 17.124.020.D.2 in
lieu of providing public art work that are not committed within ten years of
payment, together will all interest earned thereon. The request shall be
verified and shall include the date of payment; the amount paid and method
of payment; the location of the development project for which the fee was
paid; and a statement that the project developer or its successor is the
payer of the fees and/or the current owner of the development project.
B. The City Council shall review the request and 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 that the fee is still needed for the purposes of the Public Art
Trust Fund."
Ordinance No. 912 - Page 3 of 12
SECTION 5. Anew Chapter 17.124, entitled"Design Provisions for Public Art," is hereby
added to the Rancho Cucamonga Municipal Code to read as follows:
"Chapter 17.124 - Design Provisions for Public Art
17.124.010 Purpose.
The purpose of this chapter is to promote the general welfare and enhance the
quality of life for City residents, workers, and visitors by improved public
placemaking which will require certain developments to include or provide for
public art or architecture that qualifies as art.
17.124.020 Public Art Required.
A. The requirements of this chapter shall apply to any development subject to
site development review, minor design review, or design review that meets
one or both of the following criteria:
1. All residential development projects that propose to develop four(4)
or more dwelling units.
2. All commercial, office, or industrial development projects with a
project valuation or valuations exceeding one million dollars
($1,000,000) in the aggregate, based on most recent International
Code Council building valuation data.
B. Notwithstanding anything else in this section, the requirements of this
chapter shall nit apply to:
1. Residential projects with a density equal to or less than 4 dwelling
units per acre.
2. Residential projects that contain income restricted affordable
housing units where the value of the restricted unit(s) equals or
exceeds the minimum value of the art work that would otherwise be
required.
3. Remodeling, addition to, or both of existing residential buildings or
accessory structures.
4. Remodeling of existing commercial, office, or industrial buildings
that do not include any exterior modifications to the building.
5. Remodeling, addition to, or both of existing commercial, office, or
industrial buildings for which art work was previously installed,
donated, or for which an in lieu fee was paid pursuant to the
requirements of this Chapter, regardless of whether such
remodeling, addition to, or both includes interior modifications,
exterior modifications, or both.
6. Public school facilities.
Ordinance No. 912 - Page 4 of 12
7. Places of worship.
S. Reconstruction of buildings that have been damaged by fire, flood,
wind, earthquake, or other natural disaster, where the
reconstructed buildings are substantially similar to the original
buildings.
9. Wireless Communication Facilities.
C. All development projects subject to this chapter must include art work that
has a minimum value that meets or exceeds an amount equal to the sum
of: $750 per residential unit developed: and $1 per square foot of
commercial, office, or industrial development.
D. In lieu of providing the art required by the preceding paragraph C, the
applicant may do either of the following:
1. Donate to the City art work that meets or exceeds the minimum
value of the art work; subject to the provisions of section 17.124.030
below.
2. Prior to the issuance of a building permit, pay on a per unit basis,
an in-lieu fee into the City's Public Art Trust Fund, equal to the
minimum value of the art work that would otherwise be included in
the development project.
E. No final approval, such as a final inspection or a certificate of occupancy,
for any development project subject to this chapter shall I be granted or
issued unless and until the requirements of this chapter have been met.
For purposes of this requirement, compliance shall be measured in light of
the conditions of approval for the project, including but not limited to any
approved phased development plan. In furtherance of any phasing plan or
project completion schedule, the City may accept bonds or other surety to
assist in the completion of the project, provided they are in a form and
manner acceptable to the Planning Director and City Attorney.
17.124.030 Donated Art Work
A. Art work donated to the City pursuant to this chapter must meet the design
standards in section 17.124.040 of this chapter and shall be subject to the
final approval and acceptance by the City Council, upon recommendation
of the Public Art Committee. Upon final acceptance by the City Council,
the donated art work shall be the sole property of the City.
B. If a developer elects to donate art work to the City in lieu of providing art
work as required by section 17.124.020.C, the donation shall be secured
by a cash deposit in an amount that meets or exceeds the required
minimum value of the art work or a performance bond for the same amount
and in a form approved by the City Attorney. The security, regardless of
the form, shall become payable to the City and deposited into the City's
Ordinance No. 912 - Page 5 of 12
Public Art Trust Fund in the event the developer fails to donate art work
acceptable to the City as required by this chapter.
17.124.040 Public Art Design Standards
A. For purposes of this chapter, "art work' means original or limited edition
artistic creations, and may include, but is not limited to, sculptures,
paintings, monuments, water features, glasswork, lighting, ceramics and in
exceptional circumstances, landscaping elements.
B. Media may include but are not be limited to, steel, bronze, wood, stone,
tile, concrete, lighting, any other durable materials able to withstand
outdoor conditions, or any combination of these, including in exceptional
circumstances, plant materials. For these purposes, "durable" means
lasting, enduring and highly resistant to deterioration due to weather or the
passage of time.
C. Art work must be of a scale and setting as to complement the adjacent
physical building, improvements, and property.
D. Art work must be installed in a public place, which means any exterior area
on public or private property that is easily accessible to the general public
or clearly visible to the general public from adjacent public property, such
as a street or other public thoroughfare or sidewalk.
E. Art work must be accompanied by a plaque identifying the name of the art
work, the artist(s), and the date of installation. The plaque must be installed
in close proximity to the art work. I
F. Art work installed on private property shall qualify towards the minimum
landscaping requirements of Chapter 17.56.
G. Art work may be combined with functional elements of the development
project (such as bike racks, shade structures, bus shelters, trash
receptacles) only if, when the elements are viewed as a whole, the
expressive design elements predominate over utilitarian concerns.
H. The following shall not count towards meeting the public art requirement of
this chapter:
1. Landscaping, unless substantially comprised of durable elements
that otherwise qualify as art work.
2. Mass-produced or"off the shelf' decorative or ornamental items.
3. Historical or memorial markers or statuary.
I. Art work must meet the minimum required valuation for the project.
1. The project developer may claim the following expenses in
satisfaction of the minimum value of the required art work:
Ordinance No. 912 - Page 6 of 12
a. Artist's fees;
b. Art materials;
C. Fabrication or manufacturing of the art work;
d. Transportation of the art work;
e. Base, mounting, or pedestal for the art work;
f. Building permits for installation of the art work;
g. Identification plaque for the art work;
h. Lighting instruments specifically lighting the art work;
i. Installation of the art work;
j. Structural engineering for the art work;
k. Motors or subterranean equipment directly necessary for
the installation of the art work;
I. Water related costs for the art that includes artist designed
water features not to exceed thirty(30%) percent of the total
value of the art work;
M. Art consultant fees (if applicable) not to exceed a maximum
of fifteen (15%) percent of the value of the art work; and
n. Any fees paid to public art experts(such as art conservators,
qualified appraisers, etc.) that are required by the City.
2. The following expenses shall not be counted toward the minimum
value of the required art work:
a. Expenses related to locating the artist, including but not
limited to, airfare, hotel, taxi fares and other travel related
expenses;
b. Architect, landscape architect, or other design professional
fees;
C. Site preparation for public art installation, including but not
limited to grading, demolition or removal of items or
structures and installation of utilities to the site;
d. Landscaping surrounding the art;
e. Items around the public art that is not conceptualized,
designed, and fabricated by the selected artist;
Ordinance No. 912 - Page 7 of 12
f. Utility fees associated with activating electronic or water
generated art;
g. Lighting elements not integral to the illumination of the art;
h. Publicity, public relations, photographs, educational
materials, business letterhead or logos bearing the
sculpture's image; or
i. Dedication ceremonies, including art unveilings or grand
openings.
J. Architecture and/or Landscape Architecture may be considered art work on
a case-by-case basis based on factors that may include, but shall not be
limited to:
1. Whether the architect/landscape architect is recognized by the
professional or artistic community as demonstrated by a substantial
record of artistic recognition in shows, museums, professional or
industry awards or publications.
2. Whether, when the building or landscape architecture is viewed as.
a whole, the expressive architectural design elements predominate
over utilitarian concerns.
3. Whether the architecture/landscape architecture was designed in
collaboration with . an artist who has: (a) experience with
monumental scale sculpture; (b) major design control of the
portions of the architecture to be considered as art; and (3) been
involved in development of the project from early on in the design
process.
K. Commercial signage and/or artistic lighting may be considered art work on
a case-by-case basis based on factors that may include, but shall not be
limited to:
1. Whether the sign or lighting is an original work, based on a unique
and original design.
2. Whether the designer is recognized by the artistic community as
demonstrated by a substantial record of artistic recognition in
shows, museums, or publications.
3. Whether, when the sign or lighting is viewed as a whole, the
expressive design elements predominate over the commercial
message or utilitarian concerns.
4. Whether the sign or lighting was designed in collaboration with a
designer who has: (a) experience designing signs that are unique
and original; (b) substantial control over those portions of the sign
Ordinance No. 912 - Page 8 of 12
to be considered as art; and (3) been involved in design of the sign
from early on in the design process.
17.124.050 Submittals.
The project developer shall submit, on a form or forms provided by the City, an
application for installation of art work on private property or donation of art work to
the City that contains the following information as applicable to the project in
addition to any other information as may be required by the City to adequately
evaluate the proposed the art work.:
A. The architect, landscape architect, designer or artists' name(s),
qualifications and examples of past work.
B. Preliminary sketches, photographs or other documentation of sufficient
descriptive clarity to indicate the nature of the proposed art work and an
artist warranty as to the originality of title to the art work.
C. An appraisal or other evidence of the value of the proposed art work,
including acquisition and installation costs, that demonstrates satisfaction
of the minimum required value of the art work.
D. A written agreement executed by the artist or artists who created the art
work that expressly waives all rights that may be waived under the
California Art Preservation Act, the Visual Artists Rights Act, or other
applicable state and federal laws.
E. Preliminary plans containing such detailed information as may be required
by the City to adequately evaluate the location of the art work and its
compatibility with the proposed development project and/or with the
character of adjacent developed parcels and the existing neighborhood.
F. A written statement executed by the property owner and approved by the
City Attorney that requires the landowner or his or her successors and
assigns to defend, indemnify, and hold the City harmless against any
liability, loss, damage, costs or expenses (including reasonable attorneys'
fees and court costs) arising from any claim, action or liability related to the
art work.
G. If the project developer proposes to satisfy the public art requirement with
architecture, it must before its application can be deemed complete submit
to the approving authority at a pre-application review: (a) a maquette and
other materials that satisfactorily illustrate the proposed conceptual
development; and (b) a statement explaining why the architecture should
be considered an art work, including but not limited to an explanation of the
ideas, meaning, cultural significance, or conceptual complexity expressed
in the architecture. Nothing in this paragraph shall be deemed to require
the reviewing authority's approval of the submittal at the pre-application
review before the application is deemed complete.
Ordinance No. 912 - Page 9 of 12
17.124.060 Applications to Donate Art Work to the City
Applications for art work donated to the City shall be subject to additional review
by the Public Art Committee, which shall make a recommendation to the City
Council regarding whether the proposed donation is consistent with the purposes
of this chapter.
17.124.070 Ownership and Maintenance of Art Work Placed on Private
Property.
A. All art work installed pursuant to this chapter on the site of a development
project shall remain the property of the owner of the site for which the final
building permit or certificate of occupancy related to the development
project was obtained and the owner's successors and assigns, which
owner must provide all maintenance necessary to preserve and maintain
the art work in good condition and in the manner approved by the City.
B. The obligation to maintain the art work shall be enforced as follows:
1. Prior to the installation of the art work on a development project, the
property owner shall record a document with the county recorder
setting forth a description of the art work and acknowledging the
obligation of the property owner to repair and maintain it. This
document and the underlying covenant shall run with the land and
provide notice to future property owners of the obligation to repair
and maintain the art work and of certain limitations related to any
federal, state or local laws governing the rights of the artists
including but not limited to rights regarding the alteration,
modification or relocation of subject art work. The City shall be a
signatory party to this document, and its final form and content shall
be approved by the City Attorney.
2. The obligation to maintain the art work shall include, without
limitation, preserving the art work in good condition to the
satisfaction of the City of Rancho Cucamonga, protecting, repairing,
restoring, or replacing the art work in the event of physical
defacement, mutilation, alteration or destruction, and securing and
maintaining insurance coverage in an amount to be approved by
the City for: (a) fire; (b) flood, wind, earthquake, or other natural
disaster; (b) vandalism; and (c) extended liability.
3. Any time the City determines that art work has not been maintained
in substantial conformity with the manner in which it was originally
approved, the City shall require the current property owner to either:
a. Maintain, repair, restore, or replace the art work; or
b. After reasonable notice: (i) pay the lesser of either the costs
estimated by the City to be required to maintain, repair,
restore, or replace the art work and/or secure and maintain
insurance for the art work; and (ii) provide the City or its
Ordinance No. 912 - Page 10 of 12
representatives reasonable access to the property to
perform any necessary to maintain, repair, restore, or
replace the art work.
C. If an owner wishes to replace art work required by this chapter for any
reason, including but not limited to theft, destruction, removal, or personal
preference, the replacement art work shall be subject to the review and
approval of the original approving authority, which shall determine whether
the replacement art work meets the criteria set forth in this chapter."
SECTION 6. The City Council declares that, should any provision, section, paragraph,
sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force
and effect.
SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance.
I I
Ordinance No. 912 - Page 11 of 12
PASSED, APPROVED, AND ADOPTED this 1911 day of July 2017.
L. Dennis Michael,dayor
ATTEST:
anice . Reynolds, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of
the City Council of the City of Rancho Cucamonga held on the 2151 day of
June 2017, and was passed at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 1911 day of July 2017.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 2011 day of July 2017, at Rancho Cucamonga, California.
PJ C. Reynolds, City Clerk
Ordinance No. 912 - Page 12 of 12