Urban art helps to improve the environment, image, and character
of a city. The urban art program establishes the requirements and
procedures for providing public art in conjunction with new developments.
(Ord. 5721 § 1, 2010)
A.
The
provisions of this section apply to any new building or structure
or to the alteration or repair of an existing building or structure
within the DSP, IMU, IMU-R, SFMU, C1, C2, C3, CR, MS, CPD, CH and
CA zones with an improvement valuation of $500,000 or more; where
the improvement valuation is as determined by the building official.
B.
Before issuance of a building permit, the applicant shall either comply with the requirements of this section to obtain approval of an urban art plan or pay an in-lieu fee in compliance with Section 30.37.060
C.
Specialized terms. The following specialized terms shall apply
to the requirements of this chapter:
“Art” includes artwork, performing
arts, or art programming.
“Artwork” is defined as a durable original
or limited-edition creation produced by an artist that may include,
but not be limited to, sculptures, murals, frescoes, paintings, drawings,
mechanically-printed works, photography, mosaics, works in clay, glass,
textiles, fiber, wood, metal, plastic, and like materials or combination
of materials (mixed-media), light and/or sound installations, environmental
works (including water features containing artwork), and/or projected
imagery. The term “artwork” does not include signage or
landscaping, unless such feature includes artwork as defined herein.
“Durable” means lasting, enduring,
and highly resistant to deterioration due to weather or the passage
of time.
“Limited-edition artwork” means an
artwork edition that consists of no more than five copies of the artwork
and that no other work from the same edition is located within Los
Angeles County at the time of installation.
“Non-profit service providers” means
an organization that is registered with the California Secretary of
State as a 501(c)(3) under the Internal Revenue Service Tax Code.
“Urban art plan” means the plan referenced in Section 30.37.050 and further described in the urban art program guidelines, which sets forth the manner in which the requirements of this chapter will be implemented for a particular development project.
“Urban art program guidelines” are
the guidelines adopted by the city council to outline the program
scope of an art plan, and to implement and assist applicants in complying
with this chapter.
(Ord. 5721 § 2, 2010; Ord. 5803 § 102, 2013; Ord. 5807 § 24, 2013; Ord. 5823 § 1, 2014)
Urban art plans shall be approved by the design review authority,
following review and recommendation by the arts and culture commission
or any other body designated by the city council.
(Ord. 5721 § 3, 2010)
A.
The provisions of Section 30.37.020 shall not apply to the following:
1.
Financed with public funds. Alteration, construction, or repair
of buildings or structures to perform rehabilitation of private property
if that rehabilitation is primarily (more than 50%) financed with
public funds;
2.
Small and/or affordable residential buildings and structures. Alteration, construction, or repair of residential buildings of
one or two units and on-site structures serving those units, or residential
buildings or residential structures serving those units with more
than 25% of the units available to low- or moderate-income households
as defined in this title;
3.
Financed with development in-lieu fees. For new buildings
and structures or, alteration, construction, or repair to buildings
and structures financed by funds collected in compliance with downtown
development in-lieu fees;
4.
Capital improvement projects. Capital improvement projects
performed by the city;
5.
Designated historic resources. Any repair, rehabilitation
or alteration of a building or structure that meets the Secretary
of Interior’s Standards of any building or structure that has
been designated and listed on the Glendale Register of Historic Resources,
or the California Register of Historic Resources, or the National
Register of Historic Places; and
6.
Nonprofit service providers. For new buildings or structures,
or alteration or repair of existing buildings and structures that
are intended primarily to provide facilities for nonprofit service
providers. Applicants for such projects must provide legal documentation
to the satisfaction of the city attorney that the project will continue
to remain in use by nonprofit service providers for at least 20 years.
7.
Vehicle dealerships as defined by this title.
(Ord. 5721 § 4, 2010)
Each project that is subject to the provisions of this section
shall comply with the following requirements:
A.
Approval of Urban Art Plan. The applicant shall receive approval
of an urban art plan to install or provide on-site art from the design
review authority, upon recommendation of the urban art plan from the
arts and culture commission or by any body so designated by the city
council.
B.
Value of Art. The urban art plan shall provide for the installation
or provision of public art with a value of at least 2% of the valuation
of the project as determined by the building official.
C.
Installation of Art. On-site urban artwork shall be installed
in compliance with the approved urban art plan before issuance of
final certificate of occupancy, or as otherwise specified in the urban
art plan.
(Ord. 5721 § 5, 2010)
A.
In-Lieu Fee Payment. As an alternative to the urban art plan
requirements of this chapter, the applicant may pay an amount equivalent
to 1% of the value of the project, as determined by the building official,
into the urban art fund.
B.
Urban Art Fund. The city shall deposit in-lieu art fees into
a separate account set aside for the urban art fund in a manner to
avoid any commingling of the fees with other city revenues and funds,
except for temporary investments, and shall expend the fees solely
for the purpose for which they were collected.
(Ord. 5721 § 6, 2010)
B.
Nonmaintenance of Installation. If the artwork installed pursuant
to this section is altered, removed, is not maintained in good condition,
or is not provided as required, the city may exercise any and all
remedies authorized by the Glendale Municipal Code.
C.
Penalty for Nonmaintenance. If administrative remedies do
not result in proper maintenance, the city may impose a fine equal
to the value of the urban artwork as determined by the building official
and adjusted by the CPI (Consumer Price Index) since the time of the
certificate of occupancy.
(Ord. 5721 § 7, 2010)
A decision of the review authority, when not the city council or redevelopment agency, shall become final 15 days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of Chapter 2.88 of this code relating to the uniform appeal procedure.
(Ord. 5721 § 8, 2010)
