Chapter 22.94
ART IN PUBLIC PLACES PROGRAM
Sections:
22.94.030 Administration of the city of Cerritos art in public places program.
22.94.040 Membership in the city of Cerritos arts advisory commission.
22.94.070 Certificates of occupancy.
22.94.080 Creation of art in public places trust fund.
22.94.090 Selection of art works.
22.94.100 Art provided in lieu of a fee.
22.94.140 Application procedure for acceptance of art work donated to the city.
22.94.150 Ownership and maintenance of art work placed on the site of a project.
22.94.160 Criteria for approving architecture as art.
22.94.170 Procedure for approving architecture as art.
22.94.010 Intent and purpose.
The purpose of the city of Cerritos art in public places program is to promote the general welfare by encouraging pride in the community, 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 pieces that reflect diverse styles, chronicling history through the collection of artifacts, documents and memorabilia that will acknowledge the past and create programs and activities that will further these goals. (Ord. 841 § 1, 2001: Ord. 815 § 1 (part), 2000)
22.94.020 Definitions.
(a) “Art work” means durable creations that may be original or limited editions of art and that may include, but not be limited to, sculptures, murals, monuments, frescoes, fountains, paintings, stained glass, or ceramics and may include architecture pursuant to Section 22.94.160. Media may include, but not be limited to, steel, bronze, wood, stone and concrete. For purposes of the art in public places program, “art work” does not include the following:
(1) Directional elements, such as signage or graphics;
(2) Objects that are mass produced in a standard design;
(3) Landscape gardening, unless substantially comprising durable elements defined as “art work” under this section.
(b) “Development project” means any development, including remodeling, which requires a building permit or permits as described on the precise plan submitted for approval to the city.
(c) “Project developer” means the owner, including its successor and assigns, of the subject property.
(d) “Project valuation” means the total value of the improvements approved for a development project, as indicated on the building permit application or applications submitted to the city in order to obtain a building permit or permits for the development project.
(e) “Public place” means any exterior area on public or private property within the city of Cerritos which is easily accessible or clearly visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk.
(f) “Durable” means lasting, enduring and highly resistant to deterioration due to weather or the passage of time. (Ord. 815 § 1 (part), 2000)
22.94.030 Administration of the city of Cerritos art in public places program.
The city of Cerritos art in public places program shall be administered by the city council of the city of Cerritos. To assist in administering the art in public places program, the city council may appoint an advisory commission, which shall consist of five members. The city council may, by action, prescribe the duties, terms of service, qualifications, compensation and number of members of the commission. (Ord. 841 § 2, 2001: Ord. 815 § 1 (part), 2000)
22.94.040 Membership in the city of Cerritos arts advisory commission.
Each member of the city council of the city of Cerritos shall appoint members to the arts advisory commission, in an equally proportionate number. (Ord. 841 § 3, 2001: Ord. 815 § 1 (part), 2000)
22.94.050 Applicability.
(a) All new development projects as defined in Section 22.94.020(b), including parking structures, residential developments of four units or more, and commercial and industrial development projects with a building valuation or valuations exceeding two hundred fifty thousand dollars in the aggregate, shall be subject to the provisions of this chapter.
(b) Including but not limited to exterior and interior modifications and additions, all development projects as defined in Section 22.94.020(b) consisting of the remodeling of existing nonresidential buildings, including parking structures or commercial or industrial buildings, shall be subject to the provisions of this chapter when such remodeling has a project valuation or valuations exceeding two hundred fifty thousand dollars in the aggregate, excluding earthquake rehabilitation required by this code for seismic safety. Individual tenant improvements in a commercial or industrial building shall be included.
(c) As determined by the city council, the development, remodeling or reconstruction of buildings may be exempt from the fee for the art in public places program if:
(1) The building is intended primarily to house one or more social service agency providers or organizations for worship; or
(2) The project consists of the reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. (Ord. 888 § 1 (part), 2004: Ord. 815 § 1 (part), 2000)
22.94.060 Building permits.
(a) Copies of this chapter shall be made available upon request to the public and shall be provided to any party applying for approval of a development project within the city of Cerritos.
(b) Prior to issuance of a final building permit or certificate of occupancy, the applicant or developer for projects identified in Section 22.94.050 shall be required to either:
(1) Pay one percent of total project valuation of the development project excluding land acquisition and off-site improvement costs, not to exceed four hundred fifty thousand dollars, for an art fee;
(2) Donate art work as defined in Section 22.94.020(a) which shall have been approved by the city council pursuant to Section 22.94.100, et seq., and which shall have a minimum value of one percent of the value of the proposed project development, not to exceed four hundred fifty thousand dollars, in lieu of the fee;
(3) Place art work as defined in Section 22.94.020(a) which shall have been approved by the city council pursuant to Sections 22.94.100, et seq., and which shall have a minimum value of one percent of the value of the proposed project development, on the property on which the development project is located, not to exceed four hundred fifty thousand dollars, in lieu of the fee; or
(4) A combination of the above subject to the approval of the city council.
(5) Any party may contribute amounts or art works valued at amounts greater than those required by this section. (Ord. 888 § 1 (part), 2004: Ord. 815 § 1 (part), 2000)
22.94.070 Certificates of occupancy.
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 full compliance with the city of Cerritos art in public places program is achieved in one or more of the following ways:
(a) The approved art work has been placed in a manner satisfactory to the city council of the city of Cerritos.
(b) In-lieu art fees have been paid.
(c) Financial security, in an amount equal to the acquisition and installation costs of an approved art work, in a form approved by the city attorney has been posted.
(d) An approved art work has been donated and accepted by the Cerritos city council. (Ord. 815 § 1 (part), 2000)
22.94.080 Creation of art in public places trust fund.
There is hereby created within the treasury of the city of Cerritos a special fund to be known as the city of Cerritos art in public places trust fund. This fund shall be maintained by the city and shall be used solely for the acquisition, installation, improvement, maintenance and insurance of art work as follows:
(a) All money received by the city pursuant to Section 22.94.060(b)(1), (4) and (5) or from endowments or gifts to the city of Cerritos designated for the arts shall be placed in the art in public places trust fund. All money shall be deposited, invested, accounted for and expended as follows:
(1) Money received pursuant to Section 22.94.060 (b)(1), (4) and (5) shall be deposited in the art in public places trust fund in a manner to avoid any commingling with other revenues and funds of the city of Cerritos, 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 art in public places trust fund shall be deposited in the art in public places trust fund and shall be expended only for the purpose for which the money was originally collected.
(2) Accounts may be reviewed by the public pursuant to the California Public Records Act. (Ord. 815 § 1 (part), 2000)
22.94.090 Selection of art works.
The city council shall establish procedures for selecting art work to be purchased from the resources of the art in public places trust fund. Those procedures may include the following means:
(a) Open competition;
(b) Limited competition;
(c) Invitation;
(d) Direct purchase;
(e) Donation;
(f) Any combination of the above. (Ord. 815 § 1 (part), 2000)
22.94.100 Art provided in lieu of a fee.
Art that is placed on private property in lieu of a fee, or that is donated to the city of Cerritos in lieu of a fee, must qualify as art work as defined in Section 22.94.020(a) and shall be operated and maintained at all times in substantial conformity with the manner in which the art work was originally approved by the city council in compliance with Section 22.94.150. (Ord. 815 § 1 (part), 2000)
22.94.110 Donation of art.
Any art proposed to be donated to the city of Cerritos in lieu of payment of a fee to the art in public places trust fund, or otherwise to fulfill the obligations set forth in Section 22.94.060, must qualify as an art work as defined in Section 22.94.020(a) and must be approved by the city council. (Ord. 815 § 1 (part), 2000)
22.94.120 Application procedures for placement of art work on private property or donations of art work to the city of Cerritos in lieu of a fee.
An application for placement of art work on private property, or for the donation of art work to the city of Cerritos in lieu of a fee, shall be submitted to the city council and shall include:
(a) Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work;
(b) An appraisal or other evidence of the value of the proposed art work including acquisition and installation costs;
(c) Preliminary plans containing such detailed information as may be required by the Cerritos city council 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;
(d) A written agreement executed by the artist who created the art work, in which he or she 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) When art work is to be placed on private property, 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;
(f) A narrative statement to be submitted to the city council to demonstrate that the art work will be displayed in a public place as defined by Section 22.94.020(e); and
(g) A statement indicating the property owner’s willingness to maintain the art work in compliance with Section 22.94.150. (Ord. 815 § 1 (part), 2000)
22.94.130 Approval for placement of art work on private property or donations of art work to the city of Cerritos in lieu of a fee.
(a) Completed applications shall be submitted to the Cerritos city council for review and approval of the art work including consideration of the art work’s conformity to the definition of art work in Section 22.94.020(a), its aesthetic quality and harmony with the existing on-site improvements and neighborhood, and its proposed location and public accessibility.
(b) If, after review, the applicant proposes, or the city council subsequently recommends, significant revisions to the architecture or physical design and layout of the proposed project, the revised application shall be returned to the city council for further review and recommendation concerning the revised proposal. (Ord. 815 § 1 (part), 2000)
22.94.140 Application procedure for acceptance of art work donated to the city.
An application for acceptance of art work 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 art work;
(b) An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs;
(c) A written agreement executed by the artist who created the art work in which he or she 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; and
(d) Other information as may be required by the city council to adequately evaluate the proposed donation of the art work. (Ord. 815 § 1 (part), 2000)
22.94.150 Ownership and maintenance of art work placed on the site of a project.
(a) All art work placed 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. The obligation to provide all maintenance necessary to preserve and maintain the art work in good condition shall remain with the owner of that site and the owner’s successors and assigns.
(b) The obligation to maintain the art work shall be enforced as follows:
(1) Prior to the placement 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) Maintenance of art work, as used in this chapter, shall include, without limitation, preserving the art work in good condition to the satisfaction of the city of Cerritos, protecting the art work against physical defacement, mutilation or alteration, and securing and maintaining insurance coverage for fire, vandalism and extended liability in an amount to be determined by the city attorney.
(3) At any time the city council determines that art work has not been maintained in substantial conformity with the manner in which it was originally approved, the code enforcement division of the city of Cerritos, as authorized by the city council, shall require the current property owner to either:
(i) Repair or maintain the art work; or
(ii) After reasonable notice, pay the lesser of either the costs estimated by the city to be required to repair and maintain the art work and/or secure and maintain insurance for the art work, or the percent for the art fee required by Section 22.94.060(b)(1) based upon the current fee schedule and the current fair market value of the building, structure or improvement for which the art work was required, as determined by the county tax assessor.
(c) Stolen or removed art works are to be replaced by the owner. Replaced pieces are to be reviewed and approved by the city council subject to the criteria set forth in this chapter.
(d) All art work donated to the city of Cerritos shall become the property of the city upon acceptance by the city council. (Ord. 815 § 1 (part), 2000)
22.94.160 Criteria for approving architecture as art.
Generally, architecture shall not be considered art work for purposes of the city of Cerritos art in public places program unless approved by the city council. The criteria used to determine on a case-by-case basis whether architecture may be considered art work for purposes of fulfilling the requirements of this chapter shall include, but not be limited to, the following:
(a) The architect shall be substantially recognized by the art world in shows, museums, and/or publications.
(b) When reviewing architecture as art, the underlying concept of the architecture shall be more expressive 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.
(c) In the alternative, architecture can be considered art work if it is created as a collaborative effort with an artist, the artist does a 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.
(d) The architecture must meet all the general criteria regarding placement of art work on private property as defined in Section 22.94.100, et seq. (Ord. 815 § 1 (part), 2000)
22.94.170 Procedure for approving architecture as art.
The following procedure shall be followed by the project developer seeking approval of an architectural project to fulfill the requirements of this chapter:
(a) A project developer must make two presentations to the city council or such body designated by the city council to hear the presentation:
(1) The first presentation shall be made prior to the development application being deemed complete. The project developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual development. The project developer and the architect must submit a conceptual statement expressing why the architecture should be considered an art work including an explanation of the ideas, meaning, cultural significance or conceptual complexity expressed in the architecture.
(2) The second presentation shall be made at the completion of the city approval process. The developer must then submit a maquette and other materials which satisfactorily illustrate the development project.
(b) The project developer and the architect shall demonstrate that high quality materials and craftsmanship will be used in the execution of the construction.
(c) If all of the foregoing criteria are met, the city council shall make the recommendation to accept the architecture as an art work 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 Cerritos.
(d) The project developer and/or architect shall have the responsibility to demonstrate that all of the foregoing criteria are met. (Ord. 815 § 1 (part), 2000)
22.94.180 Return of fees.
(a) Fees paid into the art in public places trust fund that are not committed within ten years from the date of payment may be returned to the current owner of the development project with all interest actually earned thereon if a written request for return is filed with the city treasurer during the tenth year after payment and refund of the fees is approved by the city council. The request for return shall be verified and shall include the date of payment, the amount paid and method of payment, the location of the development for which the fee was paid, and a statement that the applicant is the payer of the fees and/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. (Ord. 815 § 1 (part), 2000)
22.94.190 Separability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 815 § 1 (part), 2000)