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.
(Ord. No. 1000 § 4, 2022)
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
or more dwelling units.
2. All commercial, office, or industrial development projects with a
project valuation or valuations exceeding one million dollars 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 four 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, an 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.
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 $750.00 per residential unit developed and one dollar per
square foot of commercial, office, or industrial development.
D. In lieu of providing the art required by the preceding subsection
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 of this chapter.
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. If approved in writing by an authorized city
representative, the applicant may defer payment of the in-lieu fee
to no later than issuance of a certificate of occupancy for 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.
(Ord. No. 1000 § 4, 2022)
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.
(Ord. No. 1000 § 4, 2022)
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 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.
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:
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;
l. Water related costs for the art that includes artist designed water
features not to exceed 30 percent of the total value of the art work;
m. Art consultant fees (if applicable) not to exceed a maximum of 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
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 (c) 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 (c) been involved in design of the sign
from early on in the design process.
(Ord. No. 1000 § 4, 2022)
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: (1)
a maquette and other materials that satisfactorily illustrate the
proposed conceptual development; and (2) 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 subsection shall be deemed to require the reviewing authority's
approval of the submittal at the pre-application review before the
application is deemed complete.
(Ord. No. 1000 § 4, 2022)
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.
(Ord. No. 1000 § 4, 2022)
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; (c) vandalism; and (d) 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.
(Ord. No. 1000 § 4, 2022)