Article 17 Publicly Visible Art

There is hereby created a fund to be known as the "City Art Fund" to account for fees paid pursuant to this article. Upon the payment to the Finance Department of the required sum to the City Art Fund, the Planning Division shall waive the condition of providing a physical form of art. All money given to the City pursuant to the provisions of this section shall be used for the purposes of providing publicly visible art.

§ 9-3.1706 Projects subject to publicly visible art requirement.

The Huntington Park Parks and Recreation Department has the authority to recommend to the City Council expenditures from the City Art Fund.

(§ 1, Ord. 765-NS, eff. December 7, 2005, as amended by § 1, Ord. 913-NS, eff. December 18, 2013)

All new residential developments of two or more units, public and institutional buildings, and all commercial and industrial development projects with a construction valuation equal to or exceeding $100,000 shall be subject to the provisions of this article, provided that the value of residential units covenanted for low or moderate income house-holds, or for senior citizens shall not be included when determining the value of a residential development.

Including, but not limited to, exterior and interior modifications and additions, all remodeling and/or renovation of existing residential buildings of two or more units, public and institutional buildings, and existing commercial and industrial buildings shall be subject to the provisions of this article when such remodeling/renovation has a valuation equal to or exceeding $50,000, excluding earthquake rehabilitation required by this Code for seismic safety. As used in this article, the value of a residential unit covenanted for low or moderate income households or for senior citizens shall not be included when determining the value of a residential development.

All development projects, as identified above, shall comply with all requirements of this article.

(§ 1, Ord. 765-NS, eff. December 7, 2005)

§ 9-3.1707 Exemptions.

Buildings which are designed and dedicated to performing arts or museum uses shall not be required to meet the one percent set-aside requirement as described in Section 9-3.1708 for as long as the performing arts or museum uses are maintained within the building.

Reconstruction of structures which have been damaged by fire, collapse, explosion, flood, wind, earthquake or other disaster and subject to Section 9-3.611 of this Code.

(§ 1, Ord. 765-NS, eff. December 7, 2005)

§ 9-3.1708 Program allocations.

The program allocation, as used in this article, is the percentage of the construction cost which is set aside for the City's publicly visible art program, and shall be an amount equal to one percent of the total construction valuation for an applicable project, excluding land acquisition and off-site improvement costs. The total construction valuation shall be computed using the rates established by the County of Los Angeles' Ordinance Numbers 91-0086, 91-0087, 91-0088, and 91-0089 as adopted by the Huntington Park City Council (Resolution No. 94-52).

In-lieu of placement or donation of an approved artwork, the applicant may pay to the City art fund as set forth in Section 9-3.1705, one percent of the total construction valuation, determined as set forth in subsection a.

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 City art fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.

(§ 1, Ord. 765-NS, eff. December 7, 2005)

§ 9-3.1709 Certificates of occupancy.

No final City approval, such as final inspection or a certificate of occupancy, for any project subject to this article shall be granted or issued unless and until full compliance with the publicly visible art program is achieved in one or more of the following ways:

(1)

The approved artwork has been placed in a manner satisfactory to the Planning Division;

(2)

In-lieu art fees have been paid at the time of building permit issuance;

(3)

Posting of 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;

(4)

Artwork has been approved by the Planning Commission.

For the purposes of subsection (a), full compliance with the publicly visible art shall not be found until the entire program allocation required by this article for the project has been satisfied.

If any approved artwork placed on private property pursuant to this article is removed without City approval, the certificate of occupancy may be revoked.

§ 9-3.1710 Application procedures for placement of artwork on private property.

Artwork shall remain in place, unless written authorization has been given by the Planning Division, even if property is sold, transferred, deeded or conveyed.

(§ 1, Ord. 765-NS, eff. December 7, 2005, as amended by § 1, Ord. 913-NS, eff. December 18, 2013)

An application for placement of artwork on private property as required by this article, shall be submitted to the Planning Division for Planning Commission review and approval, if the proposed artwork is associated with a development project or to the Parks and Recreation Department for City Council review and approval if the proposed artwork is not associated with a development project. The application shall include:

Preliminary sketches, photographs, examples of similar artwork or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;

An appraisal or other legitimate evidence of the value of the proposed artwork, including acquisition and installation costs;

Preliminary plans containing such detailed information as may be required by the Planning Division, to adequately evaluate the location of the artwork in relation 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

§ 9-3.1711 Approval for placement of artwork on private property.

A narrative statement, demonstrating that the artwork will be displayed in an area open and freely available and/or visible to the general public during hours of operation of the business or enterprise, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site.

(§ 1, Ord. 765-NS, eff. December 7, 2005, as amended by § 1, Ord. 861-NS, eff. October 20, 2010, and § 1, Ord. 913-NS, eff. December 18, 2013)

Except as provided in subsection (b) of this section, completed applications for projects subject to the publicly visible art requirement in this article shall be submitted in compliance with Section 9-3.1709 for review and approval of the artwork, considering the aesthetic quality and harmony of the artwork with the existing on-site improvements, and the proposed location of and public accessibility to the artwork.

§ 9-3.1712 Application procedure for acceptance of artwork donated to the City.

The following shall apply to the review and approval of such artwork, the Reviewing Authority shall be the Planning Commission when the proposed artwork is in association with a development project and the City Council when proposed artwork is not in association with a development project:

(1)

The appropriate reviewing authority shall consider staff's recommendation in its review and approval of the proposed artwork; and

(2)

If the applicant proposes or the reviewing authority recommends significant revisions to the architecture or physical design and layout of the proposed artwork, the revised application shall be returned to staff for further review and recommendation concerning the revised proposal prior to resubmittal to the reviewing authority for final review and approval.

(§ 1, Ord. 765-NS, eff. December 7, 2005, as amended by § 1, Ord. 861-NS, eff. October 20, 2010, and § 1, Ord. 913-NS, eff. December 18, 2013)

An application for acceptance of artwork to be donated to the City pursuant to this article shall include:

Preliminary sketches, photographs, examples of similar artwork, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;

An appraisal or other legitimate evidence of the value of proposed artwork, including acquisition and installation costs;

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 laws; and

§ 9-3.1713 Review of application for acceptance of artwork donated to the City.

Other information as may be required by the Parks and Recreation Department staff or the City Council to adequately evaluate the proposed donation of artwork.

(§ 1, Ord. 765-NS, eff. December 7, 2005, as amended by § 1, Ord. 861-NS, eff. October 20, 2010, and § 1, Ord. 913-NS, eff. December 18, 2013)

Completed applications shall be submitted to the Parks and Recreation Department for review and recommendation to the City Council, which shall have the sole authority to accept, reject or conditionally accept the donation.

(§ 1, Ord. 765-NS, eff. December 7, 2005, as amended by § 1, Ord. 861-NS, eff. October 20, 2010, and § 1, Ord. 913-NS, eff. December 18, 2013)

§ 9-3.1714 Ownership of artwork.

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.

Maintenance of artwork, as used in this article, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the City, protection of the artwork against physical defacement, vandalism, or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount equivalent to the value of the artwork, including acquisition and installation costs, as noted on the submitted application. Before 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 herein is hereby declared to be a public nuisance.

The proposed artwork shall comply with all applicable codes, laws, rules, and regulations, including health and safety, building, fire, sign, zoning, and business license regulations of the City of Huntington Park.

§ 9-3.1715 Artwork on public property and performing arts.

The property and artwork shall be developed and maintained in a clean, neat, quiet and orderly manner at all times and comply with the property maintenance standards as set forth in the Huntington Park Municipal Code Section 8-9.02.1.

(e)

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 property owner.

(f)

All artwork donated to the City shall become the property of the City upon acceptance by the City Council.

(g)

Stolen or removed artwork shall be replaced by the owner. Replaced artwork shall be reviewed and approved by the criteria set forth in this article.

(§ 1, Ord. 765-NS, eff. December 7, 2005, as amended by § 1, Ord. 861-NS, eff. October 20, 2010, and § 1, Ord. 913-NS, eff. December 18, 2013)

The Huntington Park Parks and Recreation Department shall prepare an annual budget and plan for the Publicly Visible Art Program for City Council approval.

The Huntington Park Parks and Recreation Department may recommend to the City Council the purchase of artwork to be displayed and placement location on public property. For purposes of this section, artwork may include removable and reusable seasonal artwork. 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 and practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork.

§ 9-3.1716 Criteria for approving architecture as art.

The Huntington Park Parks and Recreation Department has the authority to recommend to the City Council expenditures from the City Art Fund for performing arts, provided the performance occurs within the City of Huntington Park. Approved expenditures may include expenditures for equipment expedient to implement the performing art. A recommendation for an expenditure on performing arts under this subsection shall include the type of performing art considered and the costs of implementation.

(§ 1, Ord. 765-NS, eff. December 7, 2005, as amended by § 1, Ord. 861-NS, eff. October 20, 2010, and § 1, Ord. 913-NS, eff. December 18, 2013)

The following criteria shall be used to determine, on a case-by-case basis, whether architecture can be considered art for purposes of fulfilling the City's publicly visible art requirement:

The architect shall be substantially recognized by the art world, in shows, museums, and/or publications.

When reviewing architecture as art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture as a whole or certain architectural features shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.

In the alternative, architecture can be considered art if it is created as a collaborative effort with an artist, the artist does the majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been brought in early in the process. The artist shall have experience and knowledge of monumental scale sculpture.

§ 9-3.1717 Procedure for approving architecture as art.

The architecture must meet all the general criteria regarding placement of artwork on private property as defined in Section 9-3.1710 of this article.

(§ 1, Ord. 765-NS, eff. December 7, 2005)

The developer must follow the following procedure requirements to fulfill the public art with the building's architecture.

A developer must make a presentation to the City of Huntington Park Planning Commission:

The presentation shall be made prior to the development application being deemed complete. The developer must submit a drawing, model, material board and/or any other design schemes, which satisfactorily illustrate the proposed conceptual development. The developer and/or architect must also submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural significance or conceptual complexity expressed in the architecture.

The developer and architect shall demonstrate that there will be high quality materials and craftsmanship used in the execution of the construction.

If all of the foregoing criteria are met, the City of Huntington Park Planning Commission shall make the recommendation to accept the architecture as art, only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to the City of Huntington Park.