The city council finds and declares as follows:
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.
H.
In promotion
of the foregoing objectives, the city council through Ordinance No.
473 previously established an art in public places program and fund.
I.
It is
the purpose of this chapter to modify, clarify, and codify the city's
existing art in public places program.
(Ord. 673 § 1, 1992)
The Palm Desert civic arts committee, art in public places selection
subcommittee, and public art department shall carry out the duties
established by this chapter.
(Ord. 673 § 1, 1992)
There is a fund, established pursuant to Ordinance No. 473,
known as the "art in public places fund" into which shall be deposited
all fees paid pursuant to this chapter. This fund shall be maintained
by the city treasurer, and shall be used for the acquisition, installation,
improvement, and maintenance of artwork to be displayed in the city,
the administration of the art in public places program, and for community
public art education programs not to exceed five percent of the annual
budget.
(Ord. 673 § 1, 1992)
A.
All
individual residential units whose building permit valuation is in
excess of one hundred thousand dollars shall be subject to the provisions
of this chapter. An "individual residential unit" is defined as not
more than one single-family dwelling which is to be constructed on
a lot located in an existing subdivision. With respect to all other
residential development (that is, developments designed to be used
as homes for human habitation), the total building permit valuation
shall be subject to the provisions of this chapter.
B.
All
commercial development (that is, developments other than residential
development and public facilities) within the city shall be subject
to the provisions of this chapter.
C.
All
public facilities (that is, projects designed for use by the general
public) constructed by the city and its redevelopment agency or by
any other government entity within the city's jurisdiction shall be
subject to the provisions of this chapter, except for street and drainage
projects.
(Ord. 673 § 1, 1992; Ord. 732 § 1, 1993)
The following requirements must be met prior to the city's issuance
of occupancy permits.
A.
Full
compliance with one or more of the following:
1.
The
approved artwork has been placed in a manner satisfactory to the community
arts manager;
2.
In-lieu
art fees have been paid;
3.
Financial
security in an amount equal to the acquisition and installation costs
of an approved artwork, in a form approved by the city attorney, has
been posted; and
4.
Donation
of an approved artwork has been accepted by the city council.
B.
Execution
and recordation with the Riverside County recorder by the applicant
of covenants, conditions, and restrictions (CC&Rs), in a form
approved by the city manager and the city attorney, which require
the property owner, successor in interest, and assigns to maintain
the public art in good condition as required by the Public Art Guidelines.
C.
Submission
of the following to the city clerk's office:
1.
A
statement which indemnifies, defends, and holds the city and related
parties harmless from any and all claims or liabilities from the artwork,
in a form acceptable to the city attorney; and
2.
Certificate
of public liability insurance naming the city as an additional insured,
including such coverage and liability limits as may be specified by
the city manager.
(Ord. 673 § 1, 1992)
A.
The
program allocation, as used in this chapter, is the percentage of
the building cost which is set aside for the city's art in public
places program and shall be as follows: for individual residential
units, an amount equal to one-quarter of one percent for that portion
of the total building valuation in excess of one hundred thousand
dollars; for all other residential development, including two or more
single-family dwellings being built concurrently in the same tract
by the same owner or contractor, an amount equal to one-quarter of
one percent of the total building valuation; for commercial development,
an amount equal to one-half of one percent of the total valuation,
excluding land acquisition and off-site improvement costs; for public
facilities, an amount equal to one percent of the total building valuation.
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 artwork, the applicant may pay to the art in public places fund an amount equal to the program allocation set forth in subsection A of this section.
C.
Nothing
in this section shall prohibit the applicant from placing an approved
artwork with acquisition and installation costs in an amount less
than the program allocations; provided that the applicant shall also
pay to the art in public places fund an amount equal to the difference
between the program allocation and the costs of acquisition and installation
of such artwork.
(Ord. 673 § 1, 1992; Ord. 732 § 2, 1993)
An application for placement of artwork on private property
shall be submitted to the public art department and shall include:
A.
Preliminary
sketches, photographs, or other documentation of sufficient descriptive
clarity to indicate the nature of the proposed artwork, the resume
of the artist as well as evidence of previous work and efforts of
the artist;
B.
An appraisal
or other evidence of the value of the proposed artwork, including
acquisition and installation costs;
C.
Preliminary
plans containing such detailed information as may be required by the
public art department to adequately evaluate the location of the artwork
in relating 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 public art department to demonstrate
that the artwork will be displayed in an area open and freely available
to the general public, or otherwise provide public accessibility in
an equivalent manner based on the characteristics of the artwork or
its placement on the site.
(Ord. 673 § 1, 1992; Ord. 1245 § 1, 2012)
A.
Completed
applications shall be submitted to the public art department for review
and approval of the artwork.
B.
The
public art department shall review the completed application and make
a recommendation to the art in public places commission concerning
the proposed artwork and its proposed location, considering the aesthetic
quality and harmony with the proposed project, and the public accessibility
to the artwork, including any recommended conditions of approval.
C.
The
art in public places commission shall consider the recommendations
of the public art department in its review and approval of the proposed
project.
D.
If the
applicant proposed or the planning commission or city council recommends
significant revisions to the architecture or physical design and layout
of the proposed project subsequent to receipt of the art in public
places commission's approval, the application shall be returned to
the public art department for further review and recommendation concerning
the revised proposal prior to resubmittal to the planning commission
for final review and approval.
E.
The
decision of the art in public places commission is subject to a fifteen-day
review period by the city council, then becomes final. During this
fifteen-day review period any person may appeal a art in public places
commission decision to the city council, who shall conduct a hearing
thereon. The decision of the city council shall be final.
(Ord. 673 § 1, 1992; Ord. 1245 § 2, 2012)
An application for acceptance of artwork 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 artwork;
B.
An appraisal
or other evidence of the value of the proposed artwork, including
acquisition and installation costs;
C.
A written
agreement executed by or on behalf of the artist who created the artwork
which expressly waives his or her rights under the California Art
Preservation Act or other applicable law; and
D.
Other
information as may be required by the public art department to adequately
evaluate the proposed donation of artwork.
(Ord. 673 § 1, 1992)
A.
Prior
to the issuance of grading and building permits, the applicant shall
present to the public art department an application for acceptance
of artwork donated to the city for review and recommendation to the
city council. The city encourages the applicant to submit an application
prior to the development of the architect's schematic design.
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. 673 § 1, 1992)
A.
All
artwork 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 artwork in good condition shall remain with
the owner of the site. If the artwork is not maintained in the manner
prescribed by the Public Art Guidelines, the occupancy permit for
the project may be revoked by the city council upon due notice and
an opportunity to be heard.
B.
Maintenance
of artwork, as used in this chapter, shall include without limitation,
preservation of the artwork in good condition to the satisfaction
of the city, protection of the artwork 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 artwork, applicant
and owner of the site shall execute and record a covenant in a form
approved by the city for maintenance of the artwork. Failure to maintain
the artwork as provided in this chapter is declared to be a public
nuisance.
C.
In addition
to all other remedies provided by law, in the event the owner fails
to maintain the artwork, upon reasonable notice, the city may perform
all necessary repairs, maintenance or secure insurance, and the costs
therefor shall become a lien against the real property.
D.
All
artwork donated to the city shall become the property of the city
upon acceptance by the city council.
(Ord. 673 § 1, 1992)
A.
The
public art department shall prepare and submit to the art in public
places commission an annual plan for the art in public places program.
B.
The
public art department may recommend to the art in public places commission
the purchase of artwork to be displayed on public property, which
recommendation the commission may submit to the city council. A recommendation
shall include the type of artwork considered, an analysis of the constraints
applicable to placement of the artwork on a site, the need for a practicality
of the maintenance of the artwork, and the costs of acquisition and
installation of the artwork.
(Ord. 673 § 1, 1992; Ord. 1245 § 3, 2012)
A.
Public
art installed on or integrated into a construction project pursuant
to the provisions of this chapter shall not be removed or altered
without the approval of the city council. If such public art is knowingly
removed or altered without prior approval from the public art department,
the occupancy permit for the project may be revoked by the city council
upon due notice and an opportunity to be heard. The city may in addition
pursue any other available civil or criminal remedies or penalties.
B.
If any
artwork provided on a development project pursuant to the provisions
of this chapter is knowingly removed by the property owner without
the approval of the public art department, the property owner shall
contribute funds equal to the development project's original public
art requirement to the city's art in public places fund, or replace
the removed artwork with one which is of comparable value and approved
of by the public art department. If this requirement is not met, the
occupancy permit for the project may be revoked.
(Ord. 673 § 1, 1992)
A.
Fees
paid into the art in public places fund which are not committed within
five 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 clerk
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 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
chapter 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 places.
(Ord. 673 § 1, 1992)
