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HomeMy WebLinkAbout17-48 - Resolutions - Recommending Approval Of Municipal Code RESOLUTION NO.17-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2017-00177, TO ENACT REQUIREMENTS AND STANDARDS FOR PUBLIC ART A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017- 00177, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On May 24, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Land Use Goal LU-14 identifies supporting public art as an important amenity of a beautiful city; and b. The General Plan Implementation Plan identified General Plan Land Use Goal LU-14 as a priority 3 (important) implementation action; and c. City Council Goal Al 1 directs staff to develop a public art ordinance and funding mechanism to support art within publicly accessible spaces; and d. Rancho Cucamonga has a very comprehensive review process with the goal of obtaining the highest quality design; and e. Creative placemaking is an emerging, interdisciplinary field that leverages the arts, design and other creative disciplines to build vibrant, distinctive and sustainable communities and economies; and f. The goal of the proposed amendment is to foster the development of creative placemaking within public spaces to encourage better community; and PLANNING COMMISSION RESOLUTION NO.17-48 MUNICIPAL CODE AMENDMENT DRC2017-00177- CITY OF RANCHO CUCAMONGA May 24, 2017 Page 2 g. Art is a tool to draw people to these public spaces for dialogue, education and enjoyment, community problem solving, enhancement of the physical environment and celebration of public space. 3. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Code Amendment 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 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 Code Amendment. Therefore, this project will not have a significant effect on the environment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2017-00177 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA rancisco Oaxaca, Chairman ATTEST: CaCIA-4/4-'67/ ce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of May 2017, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO.17-48 MUNICIPAL CODE AMENDMENT DRC2017-00177- CITY OF RANCHO CUCAMONGA May 24, 2017 Page 3 AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE ORDINANCE NO. 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. On May 24, 2017, the City of Rancho Cucamonga Planning Commission held a duly noticed public hearing regarding this Ordinance. 5. 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 All 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 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: 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." SECTION 5. A new 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 not 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. 7. Places of worship. 8. 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 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 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. 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. 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: 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; 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; 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; 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 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 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. 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 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. PASSED, APPROVED, AND ADOPTED this day of , 2017. Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, 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 day of , 2017, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Janice Reynolds City Clerk