City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council introduce a proposed Ordinance,
amending Chapter 15.06, New Development Fees, of the Culver City Municipal
Code (CCMC), by repealing and replacing Sections 15.06.100 through 15.06.175
with new Sections 15.06.100 through 15.06.180, relating to the Art in Public
Places Program (APPP).
BACKGROUND:
Culver City’s Art in Public Places Program was established by Ordinance in 1988
as part of Chapter 15.06 of the CCMC. Since 1988, the subchapter containing
the APPP (Sections 15.06.100 et seq.) has been amended periodically to reflect
programming changes (e.g., establishing a Performing Arts Grant Program and
the “Architecture as Art” designation), and administrative changes within the City
(e.g., creation of the Cultural Affairs Commission in 2001, and relocation of the
APPP and Cultural Affairs staff to various City departments). The last update to
the APPP was in 2004 and is attached hereto as Attachment 3 (Ordinance No.
2004 – 004).
The changes proposed to the APPP (Attachments 1 and 2), are informed by
extensive review of ordinances and policies of other jurisdictions’ art programs,
documented best practices in the field of public art, conversations with public art
Meeting Date: 03/11/2013 Item Number: A-1
AGENDA ITEM: Introduction of an Ordinance Amending Chapter 15.06, New
Development Fees, of the Culver City Municipal Code, by Repealing and Replacing
Sections 15.06.100 through 15.06.175 with New Sections 15.06.100 through
15.06.180, Relating to the Art in Public Places Program
Contact Person/Dept.: B. Christine Byers /
Cultural Affairs
Phone Number: (310) 253-5776
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: E-Mail: Cultural Affairs Master Notification List (02/26/2013); Culver
City Cultural Affairs Commission (02/28/2013); Agenda and Meetings – City Council
(03/05/13)
Department Approval:
Sol Blumenfeld (01/29/13)
City Attorney Approval:
Carol Schwab (by R. Miranda) (02/26/13)
Chief Financial Officer Approval:
Jeff Muir (03/04/13)
City Manager Approval:
John M. Nachbar (03/05/13) City of Culver City, California
Agenda Item Report
administrators throughout California, and past experience with implementing the
APPP in Culver City. These changes reflect input from the Cultural Affairs
Commission’s (CAC) Ad Hoc Art in Public Places Ordinance Update
Subcommittee (Chair Smashey and Vice Chair Koosed), together with the City
Attorney’s Office and Community Development Department staff.
DISCUSSION:
While a wide variety of ordinances and policies from other public art programs
were reviewed, many of the amendments to Ordinance No. 2004 – 004 were
specifically informed by language from programs considered the best examples
in the field: The City of San Jose, the former Community Redevelopment
Agency of the City of Los Angeles (CRA/LA) (which had the second oldest
program in the US), and the cities of San Francisco, Portland, Seattle and Santa
Monica. These examples, combined with lessons learned from de-accessioning
certain artworks in Culver City, maintenance challenges, efforts to foster diversity
in the collection, as well as issues relating to the current economic climate and
the elimination of redevelopment as a funding source, further informed the
proposed changes to the APPP language.
Below is a brief summary of these changes. All page references included herein
refer to the proposed Ordinance (Attachment 1).
General:
Pages 1 - 2 provide a historical overview of the changes affecting the APPP
since its inception in 1988. This section also includes a reference to the annual
Otis Report on the Creative Economy, which demonstrates that the arts have a
significant positive economic impact as the 4
th
largest employment cluster in Los
Angeles County.
Some of the sections included in Ordinance 2004 - 004 have been relocated so
that they flow logically together. All sections are proposed to be renumbered
accordingly.
Purpose (p. 3):
The language in this section has been consolidated but still focuses on cultural
and artistic resources and the APPP as a land use tool.
City of Culver City, California
Agenda Item Report
Definitions (pp. 4 – 7):
The number of definitions has been expanded to seventeen and includes, among
others, new definitions for Administrative Fees, Conservation, De-Accession,
Design Fees, New Genres, Permanent and Temporary Installations, and
Qualified Artist. Changes to some of the existing definitions, such as Artwork
and Freely Accessible, are also included.
Cultural Trust Fund Created (pp. 8 - 9):
The term “Art Fund” is changed to “Cultural Trust Fund” (Fund) to reflect the
wider impact this fund has on cultural arts in Culver City. The cities of Santa
Monica and Pasadena use similar names for their public art program funds, as
did the former CRA/LA.
Money from this fund is restricted primarily to capital improvements, but
amendments have been made to the CCMC to allow for adequate funding for
preventative maintenance and restoration of artwork that reflects current needs.
As included in Paragraph 2 on p. 8, the maximum allocation for preventative
maintenance and utility charges related to artwork has been increased from 5%
to 15% of the payments made to the Fund in the prior fiscal year. Based on the
current three-year average for total payments made to the Fund ($152,042), this
would allow approximately $22,806 to be allocated each year for maintenance
(cleaning, waxing, etc.). The current outside amount required to cover such
costs for City-owned artwork is $20,000. Maintenance costs do not include
periodic larger restoration costs such as those associated with the replacement
of the supporting steel structure for Ed Carpenter’s Hanging Garden which was
completed a few years ago.
Developments Subject to Provisions of Subchapter (pp. 9 - 10):
The current thresholds for development projects and the types of development
projects exempted from the APPP remain unchanged. The language for
covenanted low- and moderate-income and senior citizen housing has been
expanded to reflect the current common development model of incorporating
these units into larger projects. A formula for calculating an adjusted APPP
allocation, to allow for these exemptions, has been included.
City of Culver City, California
Agenda Item Report
Art in Public Places Program Allocations (pp. 11 - 14):
Public art programs throughout the US typically have program allocations ranging
from .5% to 2%. In light of the current economic climate, the existing 1%
allocation has remained unchanged but a threshold of $75,000 has been added.
Developers (applicants) whose APPP allocation exceeds this threshold have
additional options as to how they wish to fulfill the APPP requirements.
This $75,000 threshold is based on the average cost for commissioning artwork
for a private development project in Culver City as well as current City resources
and staffing levels. For 31 separate artwork commissions, developers in Culver
City have paid, on average, $99,839 per artwork commission since the APPP
was created in 1988. Since 2009, the average cost for commissions of artwork
for private development projects (excluding the cost for Rainbow at Sony
Pictures Entertainment) is $198,537.
If an applicant’s APPP allocation is under this $75,000 threshold, the applicant
may increase their allocation should they wish to pursue one of the other options
available to those with APPP allocations greater than $75,000.
For new on-site art commissions, additional criteria for the artist selection
process are included for projects with APPP allocations exceeding $100,000.
These criteria (using a Request for Proposal process and hiring an art
consultant) are based on best practices. Many larger private art commissions,
such as those at Westfield Culver City and Sony Pictures Entertainment, have
already relied on art consultants and a RFP process in past years.
Subsection 15.06.125.I (p.13) allows for the incorporation of a Cultural Facility
within a larger development project for APPP allocations exceeding $75,000.
Based on input from other programs having a similar option, this provides more
alternatives for developers in terms of how to fulfill their APPP requirement.
Application and Approval Procedures for Placing Artwork on Private Property (pp.
15 - 19):
This section has been modified to reference involvement of certain CAC
subcommittees in the review process and to emphasize the necessity for
preliminary design development as early as possible to ensure artworks are
integrated within the larger development project. Specific criteria involved in the
assessment of proposals for artwork, as well as disqualifying characteristics for
art commissions, have been included.
City of Culver City, California
Agenda Item Report
Approval Procedures for Fulfillment of the Art in Public Places Program
Requirement for City Development Projects (pp. 19 - 20):
This section is new and outlines the parameters that should be considered for
City-funded art commissions, including using community advisory committees
and artist selection panels so that these projects remain competitive but are
transparent with regard to process.
Procedure for Acceptance of Artwork Donated to the City to Fulfill the Art in
Public Places Program Requirement (pp. 20 - 21):
Language has been added to this section with regard to art appraisers and
the use of conservators.
Ownership and Maintenance of Artwork (pp. 22 – 24):
The language in this section has been greatly expanded to make it clear to
applicants that future maintenance of artwork is a long-term commitment and
needs to be accounted for in the planning process.
Final City Approval (pp. 24 - 26):
Language regarding posting money to the Cultural Trust Fund temporarily in
cases where the applicant has not decided how they wish to fulfill the APPP
requirement has been removed. This option was rarely used by developers,
causes unnecessary delays, and poses an added burden on limited City
staffing levels.
Final City approval will require the submission of maintenance guidelines to
the City, installation of a plaque, and proof of payment to the artist (and/or
design team). Language reflecting all of this has been added to this section.
Artwork on Public Property, Performing Arts and Purchase of Real Property
for Public Art (pp. 26 - 28):
The amount available from the Fund for the performing arts remains at a
maximum of 25% of the total money deposited into the Fund in the prior fiscal
year. However, a provision has been added that a minimum amount of
$25,000 is available each year for the performing arts. Historically, these
monies have been allocated to the Culver City Performing Arts Grant
Program. Language has been incorporated to allow for some of this money to
be spent on City-produced performing arts events.
City of Culver City, California
Agenda Item Report
Subsection 15.06.160.F (pp. 27 – 28) allows for up to $10,000 to be allocated
per year for capital improvements to enhance the performance area in City-
owned and City-operated facilities to help attract more cultural users.
Criteria for Approving Architecture as Art and Procedure for Approving
Architecture as Art (pp. 28 - 29):
These two sections have been amended to include a requirement for
applicants to demonstrate how the APPP allocation enhances the design of
their project. The incorporation of a peer panel in the review process and the
involvement of the CAC Public Art Ad-Hoc Subcommittee are referenced in
the amended language.
De-Accessioning of Artwork (pp. 30 - 32):
This is a new section that reflects the need for specific guidelines based on
past experience.
On December 11, 2012, the CAC considered and unanimously (with
Commissioner Williams absent) supported the proposed changes to the Art in
Public Places Program as incorporated into the proposed Ordinance.
FISCAL ANALYSIS:
The current Art Fund balance is approximately $597,786. It is anticipated that
with a threshold of $75,000, under which developers pay the in-lieu fee to the
Cultural Trust Fund, the total annual payments to the Fund will, at minimum,
remain consistent with the current average of $152,042. With the exception of an
increase in the amount allowed for costs associated with the maintenance of
City-owned artworks, the proportion of annual allocations for capital
improvements (new artworks, enhancements to performance areas of City-
owned and City-operated facilities, art restoration projects) to allocations for soft
costs (Performing Arts Grant Program and Fund Administration), will remain
relatively consistent. There will also be an indirect positive impact on staff time
(and costs) associated with implementing the updated Art in Public Places
Program given the higher APPP allocation threshold over which developers may
choose an alternative for fulfilling the program requirements other than paying
the in-lieu fee.
City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Proposed Ordinance (with all additions/deletions to Ordinance No. 2004-004
accepted);
2. Proposed Ordinance (showing all additions/deletions to Ordinance No. 2004-
004);
3. Adopted Ordinance No. 2004 – 004 (excluding Exhibit A – Revisions to
Historic Preservation Program); and,
4. Excerpt of December 11, 2012 CAC Meeting Minutes.
MOTION:
That the City Council:
Introduce an Ordinance, amending Chapter 15.06, New Development Fees,
of the Culver City Municipal Code, by repealing and replacing Sections
15.06.100 through 15.06.175 with new Sections 15.06.100 through
15.06.180, relating to the Art in Public Places Program.
MEETING DATE: March 11, 2013
AGENDA ITEM: Adoption of an Ordinance Amending Chapter 15.06,
New Development Fees, of the Culver City Municipal
Code, by Repealing and Replacing Sections
15.06.100 through 15.06.175 with New Sections
15.06.100 through 15.06.180, Relating to the Art in
Public Places Program
ATTACHMENTS
Pages
1. Proposed Ordinance (with all additions/
deletions to Ordinance No. 2004-004 accepted)
2. Proposed Ordinance (showing all additions/
deletions to Ordinance No. 2004-004)
3. Adopted Ordinance No. 2004 – 004 (excluding
Exhibit A – Revisions to Historic Preservation Program)
4. Excerpt of December 11, 2012 CAC Meeting Minutes
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4 ORDINANCE NO. 2013 -
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AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
AMENDING CHAPTER 15.06, NEW DEVELOPMENT FEES, OF
THE CULVER CITY MUNICIPAL CODE, BY REPEALING AND
REPLACING SECTIONS 15.06.100 THROUGH 15.06.175 WITH
NEW SECTIONS 15.06.100 THROUGH 15.06.180, RELATING TO
THE ART IN PUBLIC PLACES PROGRAM.
WHEREAS, on August 29, 1988, the City Council adopted Ordinance No. 88-019,
which established the Art in Public Places Program ("APPP"); and
WHEREAS, on February 14, 1994, the City Council adopted Ordinance No. 94-004
which created a City Art Fund, limited the type of art on private property to art in a physical
hard media, and authorized expenditures from the City Art Fund for the performing arts;
and
WHEREAS, on November 13, 1995, the City Council adopted Ordinance No. 95-
016 establishing the criteria and the procedures for approving Architecture as Art; and
WHEREAS, by Ordinance Nos. 2001-013 and 2001-015, the City Council
established the Cultural Affairs Commission ("CAC") and directed that the Art in Public
Places Program be implemented by the CAC; and,
WHEREAS, the City Council adopted Ordinance No. 2002-007 which incorporated
changes made necessary by the establishment of the CAC and the transfer of the Art in
Public Places and other Cultural Affairs programs from the Community Development
Department to the Parks, Recreation & Community Services Department; and
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WHEREAS, in July 2003, the CAC and the programs under its purview were
2 transferred to the Community Development Department from the Parks, Recreation &
3 Community Services Department because of the direct effect upon development projects
4 and the need to better coordinate implementation of the APPP and the development
5 process; and
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WHEREAS, on February 9, 2004, the City Council adopted Ordinance No. 2004-004
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8 to address certain omissions and the change in City departments; and
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WHEREAS, with the dissolution of the Culver City Redevelopment Agency on
10 February 1, 2012, the CAC, the performing arts and certain other Cultural Affairs programs
11 were transferred to the Parks, Recreation & Community Services Department while the Art
12 in Public Places Program remained within the Community Development Department; and
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WHEREAS, the arts have increasingly become an important component in Culver
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15 City's identity, both regionally and nationally; and
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WHEREAS, the Los Angeles County Economic Development Corporation's annual
17 Otis Report on the Creative Economy consistently demonstrates that the arts have a
18 significant positive economic impact to overall tourism revenues in the region and is one of
19 the largest employment clusters in Los Angeles County; and
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WHEREAS, periodic review and certain amendments are necessary to ensure that
22 Culver City's Art in Public Places Program, Performing Arts Grant Program, and related
23 cultural initiatives remain competitive with current national standards and continue to build
24 upon what has been established to date.
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NOW, THEREFORE, the City Council of the City of Culver City, California, DOES
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HEREBY ORDAIN, as follows:
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-2- SECTION 1. Sections 15.06.100 through 15.06175 of the Culver City Municipal
Code are hereby repealed and replaced with new Sections 15.06.100 through 15.06.180
as follows:
ART IN PUBLIC PLACES
§ 15.06.100 Purpose
§ 15.06.105 Implementation by Cultural Affairs Commission
§ 15.06.110 Definitions
§ 15.06.115 Cultural Trust Fund Created
§ 15.06.120 Developments Subject to Provisions of Subchapter
§ 15.06.125 Art in Public Places Program Allocations
§ 15.06.130 Administrative and Design Fees
§ 15.06.135 Application and Approval Procedures for Placing Artwork on Private
Property
§ 15.06.140 Approval Procedures for Fulfillment of the Art in Public Places
Program Requirement for City Development Projects
§ 15.06.145 Procedure for Acceptance of Artwork Donated to the City to Fulfill the
Art in Public Places Program Requirement
§ 15.06.150 Ownership and Maintenance of Artwork
§ 15.06.155 Final City Approval
§ 15.06.160 Artwork on Public Property, Performing Arts and Purchase of Real
Property for Public Art
§ 15.06.165 Criteria for Approving Architecture as Art
§ 15.06.170 Procedure for Approving Architecture as Art
§ 15.06.175 De-Accessioning of Artwork
§ 15.06.180 Appeal
§ 15.06.100. PURPOSE.
The City Council finds and declares:
A. Cultural and artistic resources, that include visual artwork, the
performing arts, and architectural 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, increases real
property values, and has a positive economic impact.
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C. As development and revitalization of real property within the
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City continues, the opportunity for creation of cultural and artistic resources is
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diminished. As these opportunities are diminished and urbanization occurs,
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the need to develop alternative sources for cultural and artistic outlets to
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improve the environment, image and character of the community is
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increased.
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D. The Culver City Art in Public Places Program ("APPP") was
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created in 1988 so that development of cultural and artistic assets are
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financed by those whose development and revitalization diminishes the
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availability of the community's resources for those opportunities and
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contributes to community urbanization.
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§ 15.06.105. IMPLEMENTATION BY CULTURAL AFFAIRS COMMISSION.
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The Cultural Affairs Commission ("CAC"), as established by Section
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3.03.400 of the Culver City Municipal Code, was created in 2001 and shall
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implement the duties established in this subchapter. The City Council may
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prescribe, by resolution, other duties and the appointment process for the
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members of the CAC.
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§ 15.06.110. DEFINITIONS.
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As used in this subchapter, the following definitions shall apply:
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A. "Administrative Fees" include art consultant, conservator, legal
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fees, travel and out-of-pocket expenses.
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-4- B. "Art in Public Places Program Allocation" (also referred to as
"APPP allocation") is the percentage of the construction costs which are set
aside for the City's Art in Public Places Program.
C. "Artwork" includes but is not limited to paintings, drawings,
murals in any media, stained glass, statues, bas relief or other sculptures,
and any creation under "new genres" as defined herein; environmental
artworks or public spaces; monuments, fountains, arches or other structures
of a permanent or temporary character intended for ornament or
commemoration; integrated and functional architectural, video and other
media-based elements designed by a qualified artist. For projects which
involve no structures, artwork may include a combination of landscape
design, natural and manufactured materials including but not limited to rocks,
fountains, reflecting pools, sculptures, screens, benches, and other types of
street furniture, provided they have been designed by a qualified artist.
D. "Community Development Director" shall mean the Community
Development Director of the City or his/her designee
E. "Conservation" encompasses actions taken toward the long-
term preservation of cultural property and includes examination,
documentation, treatment and preventative care, supported by research and
education. Restoration is a type of conservation treatment and specifically
refers to an attempt to bring cultural property closer to its original
appearance. Stabilization, also a type of conservation, refers to an attempt to
maintain the integrity of cultural property and to only minimize deterioration. F. "Cultural Affairs Commission" shall be the Commission
established in 2001 pursuant to Section 3.03.400 of this Code. Unless
otherwise specified, any reference to "Commission" in this subchapter shall
mean the Cultural Affairs Commission.
G. "De-accession" refers to the process of permanently removing
artwork acquired through the Art in Public Places Program as outlined in this
subchapter.
H. "Design Fees" include, but are not limited to, those fees which
are paid to an artist, architect, structural engineer or an appropriate party for
the development of a design concept and the preparation of construction
drawings. Design fees are separate and apart from the cost of the fabrication
and installation of an artwork.
I. "Freely Accessible" is defined to mean the artwork is accessible
to the public for viewing, in its entirety and in a direct line of sight without
hindrances or obstacles, for a period of ten (10) hours per day, seven (7)
days per week.
J. "New Genres" include, but are not limited to, sculpture, sound
installation, video, film, audio, digital, hybrid and emerging art forms. These
works may be temporary or permanent in nature.
K. "Non-Profit" shall mean those entities deemed to be exempt
under Section 501(c)(3) of the Internal Revenue Service Code.
L. "Performing Arts" is defined as performances presented by
professional or amateur performers including, theatre performance (any form
of dramatic presentation, spoken or silent); musical theatre/opera (any
-6- dramatic performance of which music is an integral part); dance (any form of
rhythmical movement); music or concert (any musical performance with live
musicians and/or singers).
M. "Permanent Installation" is defined as artwork designed and
fabricated to remain installed for 20 or more years.
N. "Project" (also referred herein as "Development Project") is
defined as consisting of all physical changes and improvements necessary to
complete a development. Such physical changes shall include the
construction of new structures or the remodeling of existing structures.
0. "Real Property" shall mean that which consists of land, and of
all rights and profits arising from and annexed to land, of a permanent,
immovable nature.
P. "Qualified Artist" (also referred herein as "Artist") shall be
defined as a practicing artist who has demonstrated a high level of
accomplishment through a body of work, exhibitions, presentations, or
performances. The qualified artist shall have a history of strong conceptual
development, as well as possess the ability for skillful execution of tools,
materials, and craft. This includes programs rooted in innovative uses of
technology, collaborative work, or interdisciplinary projects. The qualified
artist shall have a BFA, MFA or other comprehensive advanced training in the
visual arts and work primarily in the production of art in unique or limited
editions and not for purposes of marketing, mass production or advertising.
Q. "Temporary Installation" is defined as artwork intended to
remain installed for 3 years or less.
-7- § 15.06.115. CULTURAL TRUST FUND CREATED.
A. There is hereby created a fund to be known as the "Culver City
Cultural Trust Fund" (hereinafter "Cultural Trust Fund") to account for fees
paid pursuant to this subchapter. This fund, maintained by the Chief
Financial Officer, and subject to Sections 15.06.040 and 15.06.050, shall be
used solely:
1. For the design, acquisition, commission, installation,
improvement, relocation, conservation, utility charges and insurance of
artwork acquired by the City through the APPP;
2. For preventative care, maintenance and utility charges
related to the artwork and real property purchased pursuant to
Subsection 15.06.115.A.1; provided, that the total amount of the
appropriation made in any year from the Cultural Trust Fund for the
purpose set forth in this Subsection 15.06.115.A.2 shall not exceed
fifteen percent (15%) of the total fees deposited into the Cultural Trust
Fund, pursuant to this subchapter, during the fiscal year immediately
preceding that appropriation. The City Council, with a
recommendation by the Cultural Affairs Commission, may appropriate
additional funds from the Cultural Trust Fund for the purpose of
completing larger conservation efforts, including restoration projects,
for one or more artworks;
3. To sponsor or support the performing arts; 4. For the acquisition and improvement of real property for
the purpose of displaying artwork, which has been or may be
subsequently approved by the City;
5. For costs associated with administering The Art in Public
Places Program and associated cultural programs, in an amount not to
exceed fifteen percent (15%) of the total fees deposited into the
Cultural Trust Fund, pursuant to this subchapter, during the fiscal year
immediately preceding that appropriation; however, in the event the
City Council determines that a special circumstance exists, the City
Council may set a higher amount by a majority vote; and
6. Other City-produced cultural programs pursuant to the
requirements of this subchapter.
B. If real property purchased with monies from the Cultural Trust
Fund is subsequently sold, the proceeds from the sale shall be returned to
the Cultural Trust Fund.
§ 15.06.120. DEVELOPMENTS SUBJECT TO PROVISIONS OF
SUBCHAPTER.
A. All new residential development projects of five or more units,
and all commercial, industrial, and public building development projects, with
a building valuation of Five Hundred Thousand Dollars ($500,000.00) or more
shall be subject to the provisions of this subchapter.
B. Including but not limited to exterior and interior modifications
and additions, all remodeling of existing residential buildings of five or more units, and all remodeling of existing commercial, industrial and public
buildings, shall be subject to the provisions of this subchapter when such
remodeling has a valuation of Two Hundred Fifty Thousand Dollars
($250,000.00) or more, excluding earthquake rehabilitation required by this
Code for seismic safety.
C. Covenanted low- and moderate-income and senior citizen
housing shall be exempted from the requirements of this subchapter for as
long as it is used for that purpose.
1. The APPP allocation for a development project that
includes residential units covenanted for low- or moderate-income
households or for senior citizens shall be reduced by the value of the
square footage of the covenanted units and associated spaces (such
as parking).
2. Prior to the date any restrictions regarding residential
units covenanted for low- or moderate-income households or for senior
citizens terminate, the then current owner of the development shall pay
fees to the Cultural Trust Fund in an amount equal to the exemption
calculated in Subsection 15.06.120.C.1.
D. Buildings which are designed and dedicated primarily to non-
profit performing arts spaces or museum uses shall not be required to meet
the Art in Public Places Program Allocation requirement for as long as the
performing arts or museum uses are maintained within these buildings. § 15.06.125. ART IN PUBLIC PLACES PROGRAM ALLOCATIONS.
A. The APPP allocation, as used in this subchapter, is the
percentage of the construction costs which is set aside for the City's APPP
and shall be an amount equal to one percent (1%) of the total building permit
construction valuation for an applicable project, excluding land acquisition
costs. The total building permit construction valuation used for determining
the APPP allocation shall be based on the latest building construction
valuation data used by the Building Safety division staff, based on R.S.
Means Square Foot Costs, unless, in the opinion of the Building Official, a
different valuation methodology is more appropriate for a particular project.
B. Multiple building permits issued within a three year period for a
single project shall be considered in the aggregate in determining the APPP
allocation.
C. if the total APPP allocation for a project is less than $75,000,
the applicant shall pay their APPP allocation into the Cultural Trust Fund as
the only option for complying with the APPP requirement.
D. Payment of any required APPP allocation shall be received prior
to issuance of a City building permit.
E. If the APPP allocation is $75,000 or greater, the applicant shall
either:
I. Pay the APPP allocation into the Cultural Trust Fund
prior to issuance of a City Building Permit ("in-lieu fee"); or
2. Commission original, site-specific artwork for the
applicant's development project, with a valuation equal to or greater
-11- than the APPP allocation, in compliance with the guidelines of this
subchapter; or
3. Donate artwork to the City with an appraised value equal
to or greater than the APPP allocation, in compliance with the
guidelines of this subchapter; or
4. Incorporate a Cultural Facility into the applicant's
development project, in compliance with the guidelines of this
subchapter; or
5. Have the building or a portion thereof designated
"Architecture as Art," in compliance with the guidelines of this
subchapter.
F. Any applicant whose APPP allocation is less than $75,000 may
voluntarily increase their APPP allocation to an amount of $75,000 or greater,
and thereby qualify the applicant to fulfill the APPP requirement pursuant to •
Subsection 15.06.125.E.
G. If the APPP allocation is $75,000 or greater, the applicant may
place an approved artwork, create a Cultural Facility, donate artwork, or
designate their building "Architecture as Art" with acquisition and installation
costs totaling less than the applicant's APPP allocation; provided that, such
costs are at least $75,000 and that the applicant also pay the difference
between its APPP allocation and such costs into the Cultural Trust Fund.
H. For the commission of new on-site artwork, applicants are
required to use a Request for Proposal ("RFP") process for selecting an artist
when the APPP allocation exceeds $100,000. The applicant shall also hire a qualified art consultant to assist with the RFP process, proposal
development, and project oversight. The art consultant shall be selected from
a pre-qualified list provided by the City. The CAC Public Art subcommittee
and staff shall review the art consultant and RFP information with the
applicant prior to releasing the RFP.
The RFP will include the following components:
1. Deadline for submission of requested information;
2. Information on development project components,
including but not limited to goals for the development project and the
artwork, scope of work, physical description of project site and other
physical or legal restrictions which may apply;
3. Proposal review/selection schedule;
4. Scope of services;
5. Artwork budget;
6. Development project and artwork timelines; and,
7. Evaluation criteria.
I. If the APPP allocation is $75,000 or greater, the applicant may
opt to fulfill the APPP requirement by incorporating a Cultural Facility within
the development project. In order to ensure integrated projects, applicants
shall submit plans to the Community Development Director during Preliminary
Project Review (PPR) or prior to receiving any discretionary review approvals.
The only acceptable Cultural Facilities are: indoor and outdoor performing
arts spaces that can accommodate a minimum audience of 50, with a
performance area of at least 500 square feet, or exhibition spaces designed
-13- for the visual arts. Cultural Facilities must include all amenities for supporting
a performance or art exhibition space, including a sound and lighting system,
audience seating, separately designated restroonns, and technical space.
Cultural Facilities shall be permanent and must be ADA-compliant. Further,
the facility must be made available to the recipients of the Culver City
Performing Arts Grant Program and Culver City-based visual and performing
arts organizations at rental rates no higher than other local arts venues.
Cultural Facilities must be specifically designated as such and cannot be
used for any other purpose on an on-going basis. Applicants may receive
credit for up to three years of operations, maintenance and programming
costs for Cultural Facilities, together with construction costs, toward fulfillment
of the minimum APPP allocation for their project. The applicant's proposal for
a Cultural Facility shall include a plan that identifies key staff, programming
goals and an associated budget for a minimum of three years. The proposal
shall be approved by the Cultural Affairs Commission, monitored by
designated City staff, and subject to all applicable federal, state and local
laws and regulations. Review and approval of Cultural Facilities shall include
review by a CAC subcommittee with a recommendation to the full CAC.
Cultural Facilities are required to display a permanent plaque as outlined in
Subsection 15.06.155.F.3 and are subject to the covenant and maintenance
requirements of Section 15.06.150. § 15.06.130. ADMINISTRATIVE AND DESIGN FEES.
In those instances covered by Subsections 15.06.125.E, 15.06.125.H
or 15.06.125.1, the following shall apply:
A. Total Administrative Fees shall not exceed 15% of the APPP
allocation or $100,000, whichever is less.
B. Design fees must be proportionate to the overall scope of the
budget.
§ 15.06.135. APPLICATION AND APPROVAL PROCEDURES FOR
PLACING ARTWORK ON PRIVATE PROPERTY.
A. In order to ensure integrated projects, applicants choosing to
commission new artwork for their project shall submit plans to the Community
Development Director during Preliminary Project Review (PPR) or prior to
receiving any discretionary review approvals. At a minimum, the following
information shall be included:
1. Preliminary sketches, photographs or other
documentation of sufficient descriptive clarity to indicate the nature of
the proposed artwork;
2. Preliminary plans containing such detailed information as
may be required by the Community Development Director and the
Planning Manager to adequately evaluate the location of the artwork in
relation to the proposed development, including compatibility with the
character of adjacent conforming developed parcels and the existing
neighborhood. Applicants should be involved in the development of 1
the preliminary plans in order to assist in the proper placement of the
2
artwork in relation to their proposed development environment, and to
3
ensure that the artist that is chosen creates an artwork that fits the
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needs and requirements of both the applicant's project and the APPP.
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B. Upon receipt of discretionary review approvals, applicants shall
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prepare the following in preparation for Cultural Affairs Commission review:
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1. A narrative proposal, with the artwork's budget and
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timeline. Elevations, site plans, line of sight studies, renderings and
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other descriptive materials, as deemed necessary by the Community
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Development Director, shall be included to demonstrate that the
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artwork will be displayed in an area open and freely accessible to the
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general public.
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2. Information provided by a conservator affiliated with the
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American Institute for Conservation ("AIC") about the durability of the
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proposed materials, recommendations for future maintenance and
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estimated maintenance costs. In addition, the application shall include
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information on how the future maintenance costs will be allocated and
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identify the party responsible for ensuring that maintenance is
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performed; and,
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3. If applicable, an appraisal or other evidence of the value
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of the proposed artwork, including acquisition and installation costs.
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C. The Cultural Affairs Commission shall review the completed
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application together with the recommendation of the Community
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Development Director and CAC Public Art subcommittee, and approve,
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-16- approve with conditions, or deny the proposed artwork, and its proposed
location, considering the aesthetic quality and harmony with the proposed
project, and the public accessibility of the artwork.
D. Submitted artwork applications shall be assessed on:
1. Compliance with the general APPP requirements as
outlined in this subchapter;
2. Artistic quality;
3. Conceptual compatibility of the design with the
immediate environment for the site;
4. Appropriateness of the design to the function of the site;
5. Creation of a desirable environment for the general
community by the design and location of the artwork;
6. Preservation and integration of natural features with the
project;
7. Appropriateness of the materials, textures, colors, and
design to the expression of the design concept;
8. Ability to convey the artist's intention and underlying
themes;
9. Whether the artwork is representative of a broad variety
of tastes within the community and makes a contribution to the
provision of a balanced inventory of artworks commissioned through
the APPP;
10. Permanence of structural and surface components
including, but not limited to, the structural and surface soundness and
-17- inherent resistance to theft, vandalism, weathering, and excessive
maintenance or repair costs.
E. Disqualifying characteristics for artwork:
1. Directional elements such as super graphics, signage, or
color coding except where these elements are integral parts of the
original artwork or executed by the artist in unique or limited editions;
2 Artwork that incorporates logos, images, text or other
elements that relate directly to a specific business's or organization's
branding or marketing themes;
3. Art objects which are mass-produced and of standard
design such as playground equipment or fountain pieces;
4. Reproduction of original artworks, except in cases where
incorporated into an original artwork;
5. Decorative or functional elements which are designed by
the building architect as opposed to a qualified artist;
6. Landscape design except where it is designed by a
qualified artist and is an integral part of the artwork;
7. Architectural rehabilitation, historic preservation and
structural building modifications;
8. Temporary art exhibitions, unless included with a Cultural
Facility as outlined in Subsection 15.06.125.1;
9. Educational activities;
10. Artwork designed by City elected or appointed officials,
City staff or members of their immediate family, members of the
-18- project architect's firm or immediate family members, individuals
directly associated with the development team or immediate family
members of the property owner/applicant, or any individuals with
whom the property owner and/or applicant may have an interest in
common; and,
11. Artwork designed by an artist who has received a prior
permanent public art commission through the City's Art in Public
Places Program, if the contract for said commission was executed
within the last ten years.
F. If the applicant proposes significant revisions to the artwork, a
revised application shall be submitted to the Community Development
Director for review and recommendation to the Cultural Affairs Commission.
The Commission shall make a determination whether to approve, approve
with conditions or deny the requested revision(s).
§ 15.06.140. APPROVAL PROCEDURES FOR FULFILLMENT OF THE ART
IN PUBLIC PLACES PROGRAM REQUIREMENT FOR CITY
DEVELOPMENT PROJECTS.
A. All City-initiated projects subject to the requirements of this
subchapter shall follow the same requirements as development projects on
private property, with the exception of the requirement to pay an in-lieu fee
into the Cultural Trust Fund if the APPP allocation is less than $75,000. The
APPP allocation shall be included in the development project budget and
appropriated from the development project funding sources. The APPP
allocation may be supplemented with money from the Cultural Trust Fund
-19- with a recommendation from the Cultural Affairs Commission and City
Council approval.
B. Depending on the scope of the development project and/or
overall budget, the City may employ a Community Advisory Committee and/or
Artist Selection Panel, an RFQ and/or RFP process and/or the services of a
qualified art or theatre consultant. Both the Community Advisory Committee
and Artist Selection Panel shall include a combination of professional artists,
arts and design professionals, community representatives or stakeholders
and City department representatives.
§ 15.06.145. PROCEDURE FOR ACCEPTANCE OF ARTWORK DONATED
TO THE CITY TO FULFILL THE ART IN PUBLIC PLACES
PROGRAM REQUIREMENT.
A. An application for acceptance of artwork to be donated to the
City for placement on public property shall be submitted to the Community
Development Director and shall include the following information, at
minimum:
1. Artist biography and object provenance;
2. Sketches, photographs, models, or other documentation
of sufficient descriptive clarity to indicate the nature of the proposed
artwork and installation and siting requirements;
3. Acquisition and installation costs;
4. An appraisal or other evidence of the value of the
proposed artwork. The value of the proposed artwork will be
determined by an Accredited Member or Accredited Senior Appraiser
-20- of the American Society of Appraisers, or a member of another
established national or international organization for appraisers;
5. Information provided by an American Institute for
Conservation ("AIC") affiliated conservator about the durability of the
proposed materials, recommendations for future maintenance and
estimated maintenance costs; and,
6. If applicable, a written agreement, in a form approved by
the City Attorney, executed by or on behalf of the artist who created
the artwork which provides the City necessary Protections as permitted
under applicable law.
B. Review of application:
1. Completed applications shall be submitted to the
Community Development Director who, together with the CAC Public
Art subcommittee, makes a recommendation to the Cultural Affairs
Commission.
2. The Cultural Affairs Commission shall in turn make a
recommendation to the City Council, which shall have the sole
authority to accept or reject or conditionally accept the donation.
C. All artwork donated to the City in fulfillment of the requirements
of this subchapter shall become the property of the City upon acceptance by
the City Council. § 15.06.150. OWNERSHIP AND MAINTENANCE OF ARTWORK.
A. All artwork placed on the site of an applicant's project shall
become the property of the property owner and his/her successor(s) in
interest. Artwork cannot be sold or transferred other than to a subsequent
successor in interest. The obligation to provide maintenance and security, as
necessary to preserve the artwork in good condition, shall remain with the
owner of the site.
B. Maintenance of artwork, as used in this section, shall include
without limitation: preservation of the artwork and, where applicable, of the
lighting and surrounding landscaping, 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 insurance and
vandalism coverage in an amount to be determined on a case-by-case basis
by the City.
C. Prior to placement of an approved artwork, the applicant and
the owner of the site shall execute and record a covenant reflecting all the
owners' obligations under this subchapter, in a form approved by the City.
D. The covenant shall include a financial plan for the maintenance
of the artwork, a schedule of future condition checks, preventative
maintenance and restoration of the artwork necessary to conserve the
artwork at an appropriate level, and should be created with input from the
artist, the applicant, the Cultural Affairs Commission, and an Art Consultant, if
one was hired for the project. E. Applicants are required to set-aside funds for future
conservation and, where possible, in interest bearing accounts. Preventative
maintenance costs may represent from 5% to 15% annually of the total APPP
allocation but shall be based on conservation reports prepared by a
professional art conservator working with the artist and the artist's fabricator.
Funds for maintenance are not part of the APPP allocation.
F. The City reserves the right to inspect the artwork at any time to
ensure it is being maintained as required by any covenant entered into
pursuant to the provisions of Subsection 15.06.150.C.
G. Failure to maintain the artwork as provided herein is hereby
declared to be a public nuisance. The City may pursue remedies to obtain
compliance with the provisions of the APPP for maintenance of artwork,
including subjecting the property owner to administrative citation and/or
misdemeanor prosecution; placing conditions for maintenance of an artwork
on the owner's future development project approvals; performing all
necessary repairs, maintenance or securing insurance and placing a lien
against the involved property for the costs associated with such.
H. The artwork is to remain freely accessible, as previously
defined, and may not otherwise be draped or obscured.
I. The siting of the artwork, including the surrounding landscaping
or adjacent area, shall not be altered without approval from the City. The City
reserves the right to implement measures necessary to preserve the design
and placement of an artwork as approved by the Cultural Affairs Commission. J. Unless an artwork poses imminent danger to life or property, no
person or entity shall remove any artwork from the location for which it was
selected, and anyone needing to do so shall obtain City approval prior to
doing so.
K. The applicant, its successors, and its assigns, may not destroy,
permanently remove, relocate, change, alter, modify, or allow to be defaced,
any artwork or portion thereof without the express consent of the City. This
requirement will be included in the covenant to be recorded against the
property.
L. If any approved artwork placed on private property pursuant to
this subchapter is removed without City approval, the artwork must be
replaced with artwork of the same value as that of the removed artwork and
be approved by the CAC or the property owner must pay the value of the
removed artwork into the Cultural Trust Fund, If these requirements are not
met within 180 days, then the Certificate of Occupancy is revoked or a lien is
placed against the involved property.
§ 15.06.155. FINAL CITY APPROVAL.
No final City approval or Certificate of Occupancy for any project
subject to this subchapter shall be granted or issued unless and until full
compliance with the APPP is achieved as follows:
A. In lieu art fees have been paid, if applicable;
B. The approved artwork has been fabricated and placed on the
project site in a manner consistent with the proposal approved by the
-24- Cultural Affairs Commission and inspected by the CAC and/or Cultural
Affairs staff, if applicable;
C. Donation of an approved artwork has been accepted by the City
Council, if applicable;
D. A Cultural Facility has been incorporated into the applicant's
development project, if applicable;
E. The building or a portion thereof has been designated
"Architecture as Art," if applicable.
F. In cases where approved artwork is placed on private property,
a Cultural Facility has been incorporated into the applicant's development
project or a building has been designated "Architecture as Art" pursuant to
this subchapter, all of the following must occur prior to final City approval or
issuance of a Certificate of Occupancy for any project subject to this
subchapter:
1. A copy of the maintenance guidelines that include
information on materials, parts and fabricator contact information has
been submitted to the City;
2. A covenant, complying with Subsection 15.06.150.0 and
setting forth the applicant's obligations under the APPP, has been
executed and recorded with the Los Angeles County Recorder;
3. A plaque has been installed adjacent to the artwork
measuring no less than 8" x 8" or a proportionate size. The plaque
shall be made of cast metal, stainless steel or other durable material
and will be placed in an appropriate location near the artwork and shall
-25- include the date, title of artwork (if applicable), artist(s) or architect(s)
(as applicable), and should indicate that the artwork, building's
architecture or Cultural Facility was commissioned in conjunction with
the Culver City Art in Public Places Program. Staff shall review and
approve plaque text and layout prior to its fabrication and installation at
the site; and,
4. Proof of final payment to the artist and/or all members of
the design and fabrication/installation team has been furnished to the
City.
§ 15.06.160. ARTWORK ON PUBLIC PROPERTY, PERFORMING ARTS
AND PURCHASE OF REAL PROPERTY FOR PUBLIC ART.
A. The Cultural Affairs Commission shall prepare a plan for the Art
in Public Places Program and update it annually through the budget process.
B. The Cultural Affairs Commission may recommend to the City
Council the purchase of artwork to be displayed on public property,
recommend support for the performing arts, and the purchase and
improvement of real property to be used for the display of artwork. A
recommendation shall include the following information:
1. 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; or
2. The type of performance and amount recommended; or 3. The estimated costs of acquisition and improvements of
the real property proposed to be purchased.
C. The Cultural Affairs Commission is authorized to review the
performing arts grant applications and make a recommendation to the City
Council up to the amount authorized in the City budget for the fiscal year for
which the projects are being considered.
D. An expenditure from the Cultural Trust Fund may be made for
the performing arts provided the City Council approves the performing arts
event and that the performance occurs at a location in the City, or location
owned or controlled by the City, or at an alternative site which is located
within close proximity to the corporate boundaries of the City and which has
facilities for performing arts that complement or supplement those available
within the City.
E. No more than 25% of deposits made in any one year into the
Cultural Trust Fund may be allocated from the Cultural Trust Fund for
performing arts in the subsequent year unless this amount is less than
$25,000, in which case a minimum of $25,000 may be allocated. Eligible
activities include City-produced performing arts events and grants to
performing arts organizations as subject to the release of a Notice of Funding
Availability ("NOFA") and review of applications by the Cultural Affairs
Commission and approval by the City Council.
F. In order to attract more cultural users to City-owned and City-
operated facilities, up to $10,000 per year may be allocated from the Cultural Trust Fund for capital improvements to enhance the performance area of
such facilities.
§ 15.06.165. CRITERIA FOR APPROVING ARCHITECTURE AS ART.
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 APPP requirement:
A. The architect shall be internationally recognized and have
earned a respectable reputation in both the design and visual art
communities and have exhibited their work in major regional, national or
international museums.
B. 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.
C. The applicant must be able to demonstrate how the APPP
allocation enhances the design of their project.
§ 15.06.170. PROCEDURE FOR APPROVING ARCHITECTURE AS ART.
The following procedure must be followed by the applicant to fulfill the
APPP requirement with the building's architecture:
A. An applicant shall make an initial presentation to the CAC
Public Art sub-committee and staff prior to the development application being
-28- deemed complete. The applicant must submit a maquette and/or other
materials which satisfactorily illustrate the proposed conceptual development.
The applicant and architect must 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.
B. A second presentation shall be made at the completion of the
City's review and approval process for the project to a panel comprising two
commercial architects, one visual artist, one visual arts administrator, and
one general design professional such as a landscape architect or commercial
interior designer. At least one of the panel members shall be a Culver City
business owner or resident. The panel shall make a recommendation to the
CAC Public Art subcommittee whether to accept the project under
Architecture as Art and the subcommittee will then make a recommendation
to the Cultural Affairs Commission for consideration.
C. The applicant and architect shall demonstrate that high quality
materials and craftsmanship will be used in the execution of the construction.
D. If all of the foregoing criteria are met, the Cultural Affairs
Commission shall approve 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 Culver City.
E. The applicant and/or architect shall have the responsibility to
demonstrate that all of the foregoing criteria are met. § 15.06.175. DE-ACCESSIONING OF ARTWORK.
A. The City will allow the de-accessioning of artwork acquired or
commissioned through the Art in Public Places Program only when it is in the
public interest and serves as a means of improving the quality of the overall
APPP collection;
B. De-accessioning should be considered only after 5 years
following the acceptance of artwork donated to the City or the installation of
permanent art commissioned through the APPP. The need for temporary
removal from public display does not necessitate de-accession. In instances
where the artwork considered for de-accession is on private property, the
Cultural Affairs Commission shall make the final decision. When the artwork
is installed on public property or is City-owned, the Cultural Affairs
Commission shall make a recommendation to the City Council which will
make the final decision.
C. After de-accession has been approved by the Cultural Affairs
Commission or the City Council, if the artwork is sold, all proceeds from sale
of artwork, minus payment to the artist under California Resale Royalties Act,
will be used for the exclusive purpose of acquiring replacement artwork for
the site or be paid into the Cultural Trust Fund. If the artwork was on private
property, the then property owner shall replace the de-accessioned artwork
with an artwork of equal or greater value or pay an in-lieu fee equivalent to
the cost of the artwork to the Cultural Trust Fund.
D. Circumstances that may cause review of artwork for de-
accessioning:
-30- 1. The artwork is a threat to public safety, or the
condition/security of the work cannot be guaranteed;
2. The owner cannot properly care for the artwork, or the
artwork requires an excessive or unreasonable amount of
maintenance;
3. The artwork has serious or dangerous faults in design or
workmanship, the condition of the artwork requires restoration costs in
gross excess of its monetary value or is in such a deteriorated state
that restoration is either unfeasible, impractical, or would render the
artwork to be false;
4. A similar but superior example exists in the collection;
5 The artwork is a forgery;
6. No suitable site for the artwork is available;
7. A significant adverse reaction to the artwork is
documented over 5 years or more;
8. The artwork is judged to have no aesthetic, historical or
cultural value;
9. The owner wishes to replace an artwork with a more
appropriate work by the same artist;
10. The artwork can be sold to finance, or can be traded for,
an artwork of greater importance;
11. A written request from the artist to remove the artwork
from public display has been received and approved by the City;
12. The artwork is not or is rarely displayed; or
-31- 1
13. The artwork is incompatible with the rest of the collection.
2
3
§ 15.06.180. APPEAL.
4
Any person may seek review of a decision of the Cultural Affairs
5
Commission by filing a written appeal with the City Clerk's Office within ten
6
(10) working days of the decision by the Commission. The City Clerk's Office
7
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shall coordinate with the Community Development Director to schedule the
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appeal hearing before the City Council.
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11 SECTION 2. In any case where a development project has an approved entitlement
12 and/or been issued a City building permit prior to the effective date of this Ordinance,
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compliance with Subsections 15.06.125.C, 15.06.125.F, 15.06.125.G and 15.06.125.H of
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15 this Ordinance shall be voluntary.
16 SECTION 3 Pursuant to Section 619 of the City Charter, this Ordinance shall take effect
17 thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621 of the City
18 Charter, prior to the expiration of fifteen days after the adoption, the City Clerk shall cause
19 this Ordinance, or a summary thereof, to be published in the Culver City News and shall
20 post this Ordinance or a summary thereof in at least three places within the City.
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SECTION 4. The City Council hereby declares that, if any provision, section,
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23 subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
24 invalid or unconstitutional by any final action in a court of competent jurisdiction or by
25 reason of any preemptive legislation, then the City Council would have independently
26 adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
27 or words of this ordinance and as such they shall remain in full force and effect.
28
-32- 1
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4 APPROVED AND ADOPTED this day of ,2013.
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Andrew Weissman, Mayor
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13 ATTEST:
APPROVED AS TO FORM:
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15 Martin Cole, City Clerk Carol A. Schwab, City Attorney
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-33-
ORDINANCE NO. 2004 - 0042013 - ___
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
ADDING, AMENDING AND DELETING SECTIONS OF CHAPTER
15.0506, NEW DEVELOPMENT FEES, OF THE CULVER CITY
MUNICIPAL CODE, RELATING TO THE HISTORIC
PRESERVATION PROGRAM, ANDBY REPEALING AND
REPLACING SECTIONS 15.06.100 THROUGH 15.06.175 WITH
NEW SECTIONS OF CHAPTER 15.06 OF THE CULVER CITY
MUNICIPAL CODE15.06.100 THROUGH 15.06.180, RELATING
TO THE ART IN PUBLIC PLACES PROGRAM.
WHEREAS, on August 29, 1988, the City Council adopted Ordinance No. 88-019,
which established the Art in Public Places Program (“APPP”); and
WHEREAS, on February 14, 1994, the City Council adopted Ordinance No. 94-004
which created a City Art Fund, limited the type of art on private property to art in a physical
hard media, and authorized expenditures from the City Art Fund for the performing arts;
and
WHEREAS, on November 13, 1995, the City Council adopted Ordinance No. 95-
016 establishing the criteria and the procedures for approving Architecture as Art; and
WHEREAS, by Ordinance Nos. 2001-013 and 2001-015, the City Council
established the Cultural Affairs Commission ((“CAC)”) and directed that the Art in Public
Places program and Historic Preservation programProgram be primarily implemented by
the CAC; and,
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WHEREAS, the CACCity Council adopted ResolutionOrdinance No. CAC 2002-005
that included007 which incorporated changes made necessary withby the establishment of
the CAC and the transfer of the Art in Public Places and Historic Preservationother Cultural
Affairs programs from the Community Development Department to the Parks, Recreation &
Community Services Department; and
WHEREAS, the City Council adopted Ordinance No. 2002-007 that incorporated the
changes adopted by the CAC in Resolution No. CAC 2002-005;
WHEREAS, in July 2003, the CAC and the Art in Public Places and Historic
Preservation programs under its purview were transferred to the Community Development
Department from the Parks, Recreation & Community Services Department because of the
direct effect upon development projects and the need to better coordinate implementation
of the APPP and the development process; and
WHEREAS, staff has determined that on February 9, 2004, the City Council
adopted Ordinance No. 2004-004 to address certain word processing omissions and
changes shall be corrected in Culver City Municipal Code Section 15.05 et seq.the change
in City departments; and Section 15.06 et seq. in order to proceed
WHEREAS, with the developmentdissolution of the Culver City Redevelopment
Agency on February 1, 2012, the CAC, the performing arts and certain other Cultural
Affairs programs were transferred to the Parks, Recreation & Community Services Ordinance No. 2004 – 004
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Department while the Art in Public Places Program remained within the Community
Development Department; and Historic Preservation programs
WHEREAS, the arts have increasingly become an important component in Culver
City’s identity, both regionally and nationally; and
WHEREAS, the Los Angeles County Economic Development Corporation’s annual
Otis Report on the Creative Economy consistently demonstrates that further revisions
reflecting the change in departmentsthe arts have a significant positive economic impact to
overall tourism revenues in the region and is one of the largest employment clusters in Los
Angeles County; and
WHEREAS, periodic review and certain amendments are also necessary; and to
ensure that Culver City’s Art in Public Places Program, Performing Arts Grant Program,
and related cultural initiatives remain competitive with current national standards and
continue to build upon what has been established to date.
WHEREAS, the proposed amendments were unanimously adopted by the CAC in
Resolution No. CAC 2003-002 at their meeting on October 14, 2003.
NOW, THEREFORE, the City Council of the City of Culver City, California, DOES
HEREBY ORDAIN, that the following amendments be made to Chapters 15.05 and 15.06
of the CCMC:as follows:
SECTION 1. SECTION 1. Sections of Chapter 15.0506.100 through 15.06175 of
the Culver City Municipal Code shall be added, amended,are hereby repealed and deleted,
pursuantreplaced with new Sections 15.06.100 through 15.06.180 as follows:
ART IN PUBLIC PLACES
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§ 15.06.100 Purpose
§ 15.06.105 Implementation by Cultural Affairs Commission
§ 15.06.110 Definitions
§ 15.06.115 Cultural Trust Fund Created
§ 15.06.120 Developments Subject to the changes set forthProvisions of
Subchapter
§ 15.06.125 Art in Exhibit “A”, attached heretoPublic Places Program Allocations
§ 15.06.130 Administrative and incorporated by reference.Design Fees
SECTION 2. Sections of Chapter 15.06 of the Culver City Municipal Code shall be
added, amended, and deleted, pursuant to the changes set forth in Exhibit “B”, attached
hereto and incorporated by reference.
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SECTION 3. This Ordinance shall take effect thirty (30) days from the date of its
adoption and, as required by Section 512 of the City Charter, prior to the expiration of
fifteen (15) days from the adoption hereof the City Clerk shall cause this Ordinance or a
summary thereof to be published in The Culver City News. Additionally, the City Clerk shall
post this Ordinance or a summary thereof in at least three public places within the City
pursuant to Section 517 of the City Charter.
APPROVED AND ADOPTED this _____ day of ___________________, 2004.
__________________________
ALAN CORLIN,
Mayor
City of Culver City
ATTEST: APPROVED AS TO FORM:
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_________________________ _________________________
Christopher Armenta, City Clerk Carol A. § 15.06.135
Application and Approval Procedures for Placing Artwork on
Private Property
§ 15.06.140 Approval Procedures for Fulfillment of the Art in Public Places
Program Requirement for City Development Projects
§ 15.06.145 Procedure for Acceptance of Artwork Donated to the City to Fulfill the
Art in Public Places Program Requirement
§ 15.06.150 Ownership and Maintenance of Artwork
§ 15.06.155 Final City Approval
§ 15.06.160 Artwork on Public Property, Performing Arts and Purchase of Real
Property for Public Art
§ 15.06.165 Criteria for Approving Architecture as Art
§ 15.06.170 Procedure for Approving Architecture as Art
§ 15.06.175 De-Accessioning of Artwork
§ 15.06.180 Appeal
§Schwab, City Attorney
\
EXHIBIT B
REVISIONS TO THE ART IN PUBLIC PLACES PROGRAM Ordinance No. 2004 – 004
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§ 15.06.100. PURPOSE.
The City Council finds and declares:
A. Cultural and artistic resources, including Art Works and that
include visual artwork, the performing arts, and architectural 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., and has a positive economic impact.
C. As development and revitalization of the real property within the
City continues, the opportunity for creation of cultural and artistic resources is
diminished. As this development and revitalization continues as a result of
market forces, urbanization of the community results. 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.
D. DevelopmentThe Culver City Art in Public Places Program
(“APPP”) was created in 1988 so that development of cultural and artistic
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assets should beare financed by those whose development and revitalization
diminishes the availability of the community’s resources for those
opportunities and contributes to community urbanization.
E. Establishment of this Art in Public Places Program (APPP) will promote the
general welfare through balancing the community’s physical growth with revitalization and
its cultural and artistic resources.
§ 15.06.105. IMPLEMENTATION BY CULTURAL AFFAIRS
COMMISSION.
The Cultural Affairs Commission, (“CAC”), as established in
Sectionsby Section 3.03.400 et seq. of the Culver City Municipal Code, was
created in 2001 and shall implement the duties established in this
Subchaptersubchapter. The City Council may prescribe, by resolution, other
duties, and the appointment process for the members of the
CommissionCAC.
§ 15.06.106. 110. DEFINITIONS.
As used in this Subchaptersubchapter, the following definitions shall
apply:
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A. “Administrative Fees” include art consultant, conservator, legal
fees, travel and out-of-pocket expenses.
B. “Art Work”in Public Places Program Allocation” (also referred to
as “APPP allocation”) is a sculpture, mural or portable painting, earthwork,
firework, neon,the percentage of the construction costs which are set aside
for the City's Art in Public Places Program.
C. “Artwork” includes but is not limited to paintings, drawings,
murals in any media, stained glass mosaic, photograph, print, calligraphy,,
statues, bas relief or other form of physical hard media.sculptures, and any
creation under “new genres” as defined herein; environmental artworks or
public spaces; monuments, fountains, arches or other structures of a
permanent or temporary character intended for ornament or commemoration;
integrated and functional architectural, video and other media-based
elements designed by a qualified artist. For projects which involve no
structures, artwork may include a combination of landscape design, natural
and manufactured materials including but not limited to rocks, fountains,
reflecting pools, sculptures, screens, benches, and other types of street
furniture, provided they have been designed by a qualified artist.
B. “Cultural Affairs Commission” shall be the Commission as established in
Sections 3.03.400 et seq. of this Code. Unless otherwise specified, any reference to
“Commission” in this Subchapter shall mean the Cultural Affairs Commission.
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CD. “Community Development Director” shall mean the Community
Development Director of the City or his/her designee.
DE. “Conservation” encompasses actions taken toward the long-
term preservation of cultural property and includes examination,
documentation, treatment and preventative care, supported by research and
education. Restoration is a type of conservation treatment and specifically
refers to an attempt to bring cultural property closer to its original
appearance. Stabilization, also a type of conservation, refers to an attempt to
maintain the integrity of cultural property and to only minimize deterioration.
F. “Cultural Affairs Commission” shall be the Commission
established in 2001 pursuant to Section 3.03.400 of this Code. Unless
otherwise specified, any reference to “Commission” in this subchapter shall
mean the Cultural Affairs Commission.
G. “De-accession” refers to the process of permanently removing
artwork acquired through the Art in Public Places Program as outlined in this
subchapter.
H. “Design Fees” include, but are not limited to, those fees which
are paid to an artist, architect, structural engineer or an appropriate party for
the development of a design concept and the preparation of construction
drawings. Design fees are separate and apart from the cost of the fabrication
and installation of an artwork.
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I. “Freely Accessible” is defined to mean the artwork is accessible
to the public for viewing, in its entirety and in a direct line of sight without
hindrances or obstacles, for a period of ten (10) hours per day, seven (7)
days per week.
J. “New Genres” include, but are not limited to, sculpture, sound
installation, video, film, audio, digital, hybrid and emerging art forms. These
works may be temporary or permanent in nature.
K. “Non-Profit” shall mean those entities deemed to be exempt
under Section 501(c)(3) of the Internal Revenue Service Code.
L. “Performing Arts” is defined as performances presented by
professional or amateur performers, including theater, theatre performance
(any form of dramatic presentation, spoken or silent); musical
theatertheatre/opera (any dramatic performancesperformance of which music
is an integral part); dance (any form of rhythmical movement); music/ or
concert (any musical form whether classical or popular); and children’s
theater (any theater for young audiences, for or by childrenperformance with
live musicians and/or singers).
EM. “Permanent Installation” is defined as artwork designed and
fabricated to remain installed for 20 or more years.
N. “Project” (also referred herein as “Development Project”) is
defined as consisting of all physical changes and improvements necessary to
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complete a development. Such physical changes shall include the
construction of new structures or the remodeling of existing structures.
F. “Freely Available” is defined to mean the Art Work is accessible to the public
for viewing, in a direct line of sight, for a period of ten (10) hours per day, seven (7) days
per week, with the option of excluding national holidays.
O. “Real Property” shall mean that which consists of land, and of
all rights and profits arising from and annexed to land, of a permanent,
immovable nature.
P. “Qualified Artist” (also referred herein as “Artist”) shall be
defined as a practicing artist who has demonstrated a high level of
accomplishment through a body of work, exhibitions, presentations, or
performances. The qualified artist shall have a history of strong conceptual
development, as well as possess the ability for skillful execution of tools,
materials, and craft. This includes programs rooted in innovative uses of
technology, collaborative work, or interdisciplinary projects. The qualified
artist shall have a BFA, MFA or other comprehensive advanced training in the
visual arts and work primarily in the production of art in unique or limited
editions and not for purposes of marketing, mass production or advertising.
Q. “Temporary Installation” is defined as artwork intended to
remain installed for 3 years or less. Ordinance No. 2004 – 004
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§ 15.06.110. CITY ART115. CULTURAL TRUST FUND CREATED.
A. There is hereby created a fund to be known as the
“Culver City ArtCultural Trust Fund” (hereinafter “Cultural Trust Fund”) to
account for fees paid pursuant to this Subchaptersubchapter. This fund shall
be, maintained by the City TreasurerChief Financial Officer, and, subject to
§§Sections 15.06.040 and 15.06.050, shall be used solely:
1. For the design, acquisition, commission,
installation, improvement, relocation, conservation, utility charges and
insurance of artwork acquired by the City through the APPP;
2. For preventative care, maintenance and insurance of an
Art Work. “Design Fees”utility charges related to the artwork and real
property purchased pursuant to Subsection 15.06.115.A.1; provided,
that the total amount of the appropriation made in any year from the
Cultural Trust Fund for the purpose set forth in this Subsection
15.06.115.A.2 shall not exceed fifteen percent (15%) of the total fees
deposited into the Cultural Trust Fund, pursuant to this subchapter,
during the fiscal year immediately preceding that appropriation. The
City Council, with a recommendation by the Cultural Affairs
Commission, may include those fees which are paid to an appropriate
party for the development of a design concept and the preparation of
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construction drawings, which are separate and apart from the cost of
the fabrication and installation of an Art Workadditional funds from the
Cultural Trust Fund for the purpose of completing larger conservation
efforts, including restoration projects, for one or more artworks;
23. To sponsor or support the performing arts;
34. For the acquisition and improvement of real
property for the purpose of displaying Art Workartwork, which has
been or may be subsequently approved by the City; or
4. During a fiscal year, for maintenance of and utility charges related to
the Art Work and real property purchased pursuant to Section A.1. above; provided, that
the total amount of expenditures made in any year from the City Art Fund for the purpose
set forth in this Section A.4. shall not exceed five percent (5%) of the total available amount
of fees deposited, pursuant to this Subsection, during the City's fiscal year immediately
preceding that expenditure.
5. For costs associated with administering
theThe Art in Public Places Program and associated cultural
programs, in an amount not to exceed fifteen percent (15%) of the
Program allocation as set forth in Section 15.06.125total fees
deposited into the Cultural Trust Fund, pursuant to this subchapter,
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during the fiscal year immediately preceding that appropriation;
however, in the event the City Council determines that a special
circumstance exists, the City Council may set a higher amount by a
four-fifthsmajority vote.; and
6. Other City-produced cultural programs pursuant to
the requirements of this subchapter.
B. If real property purchased with monies from the City ArtCultural
Trust Fund is subsequently sold, the proceeds from the sale shall be returned
to the City ArtCultural Trust Fund.
§ 15.06.115. 120. DEVELOPMENTS SUBJECT TO PROVISIONS OF
SUBCHAPTER.
A. All new residential development projects of five or more than
four (4) units, and all commercial, industrial, and public building development
projects, with a building valuation exceedingof Five Hundred Thousand
Dollars ($500,000.00) or more shall be subject to the provisions of this
Subchapter, provided that 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.subchapter.
B. Including but not limited to exterior and interior
modifications and additions, all remodeling of existing residential buildings of
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five or more than four (4) units, and all remodeling of existing commercial,
industrial and public buildings, shall be subject to the provisions of this
Subchaptersubchapter when such remodeling has a valuation exceedingof
Two Hundred Fifty Thousand Dollars ($250,000.00),) or more, excluding
earthquake rehabilitation required by this Code for seismic safety. As used
herein, 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.
§ 15.06.120. C. Covenanted low- and moderate-income and
senior citizen housing shall be exempted from the requirements of this
subchapter for as long as it is used for that purpose.
1. The APPP allocation for a development project that
includes residential units covenanted for low- or moderate-income
households or for senior citizens shall be reduced by the value of the
square footage of the covenanted units and associated spaces (such
as parking).
2. Prior to the date any restrictions regarding residential
units covenanted for low- or moderate-income households or for senior
citizens terminate, the then current owner of the development shall pay
fees to the Cultural Trust Fund in an amount equal to the exemption
calculated in Subsection 15.06.120.C.1. Ordinance No. 2004 – 004
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D. Buildings which are designed and dedicated primarily to non-
profit performing arts spaces or museum uses shall not be required to meet
the Art in Public Places Program Allocation requirement for as long as the
performing arts or museum uses are maintained within these buildings.
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FINAL CITY APPROVAL.
A. No final City approval for any project subject to this Subchapter shall be granted or
issued unless and until full compliance with the Art in Public Places Program is achieved as follows:
1. The approved Art Work has been placed in a manner satisfactory to
the Cultural Affairs Commission. Placement of Art Work shall be completed prior to final
inspection and issuance of a Certificate of Occupancy.
2. In lieu art fees have been paid, if applicable.
3. 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.
In cases where an applicant is not certain whether to contribute to the City Art Fund or to
obtain approval of an Art Work, the Community Development Director shall have the
authority to negotiate an agreement with the applicant for the deposit of the amount of
funds for the project into the Art Fund for a period of time not to exceed one (1) year after
the issuance of any construction permit. This option will allow an applicant additional time
to determine the desired alternative for compliance with the Program requirements.
4. Donation of an approved Art Work has been accepted by the City
Council.
5. In cases where approved Art Work is placed on private property
pursuant to this Subchapter, the Applicant shall execute and record a covenant with the
Los Angeles County Recorder, which sets forth the Applicant’s obligations to comply with Ordinance No. 2004 – 004
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this Program. The covenant shall be recorded prior to the request for final construction
inspections and the issuance of a Certificate of Occupancy.
B. For the purposes of Subsection A. above, “full compliance with the Art in
Public Places Program” shall not be found until the entire program allocation required by
§ 15.06.125 for the project has been satisfied.
. ART IN PUBLIC PLACESC. If any approved Art Work placed on private
property pursuant to this Subchapter is removed without City approval, the Certificate of
Occupancy may be revoked.
D. A maximum of 25% of funding received in any one year for the City Art Fund
shall be allocated for Performing Arts in the subsequent years, subject to the release of a
notice of funding availability and review of applications by the Cultural Affairs Commission
and approval by the City Council
§ 15.06.125. PROGRAM ALLOCATIONS.
A. The APPP allocation, as used in this
Subchaptersubchapter, is the percentage of the construction costs which
areis set aside for the City's APPP and shall be an amount equal to one
percent (1%) of the total building permit construction valuation for an
applicable project, excluding land acquisition and off-site improvement costs
as defined in § 15.06.106 (E). costs. The total building permit construction
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valuation used for determining the APPP allocation shall consist of the dollar
amount of all construction permits usingbe based on the latest building
construction valuation data used by the Building Valuation Data as set forth
by the International Conference of Building Officials (ICBO)Safety division
staff, based on R.S. Means Square Foot Costs, unless, in the opinion of the
Building Official, a different valuation methodology is more appropriate for a
particular project.
B. Multiple building permits issued within a three year period
for a single project shall be considered in the aggregate in determining the
APPP allocation.
C. If In lieu of placement of an approved Art Workthe total APPP
allocation for a project is less than $75,000, the applicant mayshall pay to the
City Arttheir APPP allocation into the Cultural Trust Fund an amount equal
toas the programonly option for complying with the APPP requirement.
D. Payment of any required APPP allocation set forth in
Subsection A above. In lieu fees are due at theshall be received prior to
issuance of a Building Permit.City building permit.
C. Nothing in this Section shall prohibitE. If the APPP
allocation is $75,000 or greater, the applicant from placingshall either:
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1. Pay the APPP allocation into the Cultural Trust Fund
prior to issuance of a City Building Permit (“in-lieu fee”); or
2. Commission original, site-specific artwork for the
applicant’s development project, with a valuation equal to or greater
than the APPP allocation, in compliance with the guidelines of this
subchapter; or
3. Donate artwork to the City with an appraised value equal
to or greater than the APPP allocation, in compliance with the
guidelines of this subchapter; or
4. Incorporate a Cultural Facility into the applicant’s
development project, in compliance with the guidelines of this
subchapter; or
5. Have the building or a portion thereof designated
“Architecture as Art,” in compliance with the guidelines of this
subchapter.
F. Any applicant whose APPP allocation is less than $75,000 may
voluntarily increase their APPP allocation to an amount of $75,000 or greater,
and thereby qualify the applicant to fulfill the APPP requirement pursuant to
Subsection 15.06.125.E.
G. If the APPP allocation is $75,000 or greater, the applicant may
place an approved Art Workartwork, create a Cultural Facility, donate
artwork, or designate their building “Architecture as Art” with acquisition and
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installation costs in an amounttotaling less than the program
allocationsapplicant’s APPP allocation; provided that, such costs are at least
$75,000 and that the applicant shall also pay to the City Art Fund an amount
equal to the difference between the programits APPP allocation and thesuch
costs of acquisition and installation of such Art Workinto the Cultural Trust
Fund.
H. For the commission of new on-site artwork, applicants are
required to use a Request for Proposal (“RFP”) process for selecting an artist
when the APPP allocation exceeds $100,000. The applicant shall also hire a
qualified art consultant to assist with the RFP process, proposal
development, and project oversight. The art consultant shall be selected from
a pre-qualified list provided by the City. The CAC Public Art subcommittee
and staff shall review the art consultant and RFP information with the
applicant prior to releasing the RFP.
The RFP will include the following components:
1. Deadline for submission of requested information;
2. Information on development project components,
including but not limited to goals for the development project and the
artwork, scope of work, physical description of project site and other
physical or legal restrictions which may apply;
3. Proposal review/selection schedule; Ordinance No. 2004 – 004
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4. Scope of services;
5. Artwork budget;
6. Development project and artwork timelines; and,
7. Evaluation criteria.
I. If the APPP allocation is $75,000 or greater, the applicant may
opt to fulfill the APPP requirement by incorporating a Cultural Facility within
the development project. In order to ensure integrated projects, applicants
shall submit plans to the Community Development Director during Preliminary
Project Review (PPR) or prior to receiving any discretionary review approvals.
The only acceptable Cultural Facilities are: indoor and outdoor performing
arts spaces that can accommodate a minimum audience of 50, with a
performance area of at least 500 square feet, or exhibition spaces designed
for the visual arts. Cultural Facilities must include all amenities for supporting
a performance or art exhibition space, including a sound and lighting system,
audience seating, separately designated restrooms, and technical space.
Cultural Facilities shall be permanent and must be ADA-compliant. Further,
the facility must be made available to the recipients of the Culver City
Performing Arts Grant Program and Culver City-based visual and performing
arts organizations at rental rates no higher than other local arts venues.
Cultural Facilities must be specifically designated as such and cannot be
used for any other purpose on an on-going basis. Applicants may receive
credit for up to three years of operations, maintenance and programming Ordinance No. 2004 – 004
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costs for Cultural Facilities, together with construction costs, toward fulfillment
of the minimum APPP allocation for their project. The applicant’s proposal for
a Cultural Facility shall include a plan that identifies key staff, programming
goals and an associated budget for a minimum of three years. The proposal
shall be approved by the Cultural Affairs Commission, monitored by
designated City staff, and subject to all applicable federal, state and local
laws and regulations. Review and approval of Cultural Facilities shall include
review by a CAC subcommittee with a recommendation to the full CAC.
Cultural Facilities are required to display a permanent plaque as outlined in
Subsection 15.06.155.F.3 and are subject to the covenant and maintenance
requirements of Section 15.06.150. Ordinance No. 2004 – 004
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§ 15.06.130. ADMINISTRATIVE AND DESIGN FEES.
In those instances covered by Subsections 15.06.125.E, 15.06.125.H
or 15.06.125.I, the following shall apply:
A. Total Administrative Fees shall not exceed 15% of the APPP
allocation or $100,000, whichever is less.
B. Design fees must be proportionate to the overall scope of the
budget.
§ 15.06.135. APPLICATION AND APPROVAL PROCEDURES FOR
PLACING ART WORKARTWORK ON PRIVATE PROPERTY.
A. Application procedures. An applicationIn order to ensure
integrated projects, applicants choosing to commission new artwork for
placement of Art Work on private property shall be submittedtheir project
shall submit plans to the Community Development Director, and shall include
during Preliminary Project Review (PPR) or prior to receiving any
discretionary review approvals. At a minimum, the following information, at
minimum shall be included:
1. Preliminary sketches, photographs or other
documentation of sufficient descriptive clarity to indicate the nature of
the proposed Art Workartwork;
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2. An appraisal or other evidence of the value of the proposed Art Work,
including acquisition and installation costs;
32. Preliminary plans containing such detailed
information as may be required by the Community Development
Director and the Planning Manager to adequately evaluate the location
of the Art Workartwork 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; andthe
existing neighborhood. Applicants should be involved in the
development of the preliminary plans in order to assist in the proper
placement of the artwork in relation to their proposed development
environment, and to ensure that the artist that is chosen creates an
artwork that fits the needs and requirements of both the applicant’s
project and the APPP.
4B. Upon receipt of discretionary review approvals,
applicants shall
prepare the following in preparation for Cultural Affairs Commission review:
1. A narrative proposal, with elevationsthe artwork’s budget
and timeline. Elevations, site plans, linesline of sight studies,
renderings and other descriptive materials, as deemed necessary by
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the Community Development Director, toshall be submitted to the
Cultural Affairs Commissionincluded to demonstrate that the Art
Workartwork will be displayed in an area open and freely
availableaccessible to the general public at least ten (10) hours each
day, seven (7) days per week, or otherwise provide public accessibility
in an equivalent manner based on the characteristics of the Art Work
or its placement on the site. (Refer to § 15.06.106 (F) for a definition of
“Freely Accessible.”).
B. Approval.
1. Except as provided in Subsection B.2. below, completed applications
shall be submitted to the Community Development Director for review of the Art Work,
considering the aesthetic quality and harmony of the Art Work with the existing on-site
improvements, and the proposed location of and public accessibility to the Art Work.
22. Information provided by a conservator
affiliated with the American Institute for Conservation (“AIC”) about the
durability of the proposed materials, recommendations for future
maintenance and estimated maintenance costs. In addition, the
application shall include information on how the future maintenance
costs will be allocated and identify the party responsible for ensuring
that maintenance is performed; and,
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3. If applicable, an appraisal or other evidence of the value
of the proposed artwork, including acquisition and installation costs.
C. The Cultural Affairs Commission shall review the completed
application together with the recommendation of the Community
Development Director and CAC Public Art subcommittee, and approve,
approve with conditions, or deny the proposed Art Workartwork, and its
proposed location, considering the aesthetic quality and harmony with the
proposed project, and the public accessibility toof the Art Workartwork.
D. Submitted artwork applications shall be
assessed on:
1. Compliance with the general APPP requirements as
outlined in this subchapter;
2. Artistic quality;
3. Conceptual compatibility of the design with the
immediate environment for the site;
4. Appropriateness of the design to the function of the site;
5. Creation of a desirable environment for the general
community by the design and location of the artwork;
6. Preservation and integration of natural features with the
project;
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7. Appropriateness of the materials, textures, colors, and
design to the expression of the design concept;
8. Ability to convey the artist’s intention and underlying
themes;
9. Whether the artwork is representative of a broad variety
of tastes within the community and makes a contribution to the
provision of a balanced inventory of artworks commissioned through
the APPP;
10. Permanence of structural and surface components
including, but not limited to, the structural and surface soundness and
inherent resistance to theft, vandalism, weathering, and excessive
maintenance or repair costs.
E. Disqualifying characteristics for artwork:
1. Directional elements such as super graphics, signage, or
color coding except where these elements are integral parts of the
original artwork or executed by the artist in unique or limited editions;
2. Artwork that incorporates logos, images, text or other
elements that relate directly to a specific business’s or organization’s
branding or marketing themes;
3. Art objects which are mass-produced and of standard
design such as playground equipment or fountain pieces; Ordinance No. 2004 – 004
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4. Reproduction of original artworks, except in cases where
incorporated into an original artwork;
5. Decorative or functional elements which are designed by
the building architect as opposed to a qualified artist;
6. Landscape design except where it is designed by a
qualified artist and is an integral part of the artwork;
7. Architectural rehabilitation, historic preservation and
structural building modifications;
8. Temporary art exhibitions, unless included with a Cultural
Facility as outlined in Subsection 15.06.125.I;
9. Educational activities;
10. Artwork designed by City elected or appointed officials,
City staff or members of their immediate family, members of the
project architect’s firm or immediate family members, individuals
directly associated with the development team or immediate family
members of the property owner/applicant, or any individuals with
whom the property owner and/or applicant may have an interest in
common; and,
11. Artwork designed by an artist who has received a prior
permanent public art commission through the City’s Art in Public
Places Program, if the contract for said commission was executed
within the last ten years. Ordinance No. 2004 – 004
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F. If the applicant proposes significant revisions to the Art
Workartwork, a revised application shall be submitted to the Community
Development Director for review and recommendation to the Cultural Affairs
Commission. The Commission shall make a determination whether to
approve, approve with conditions, or deny the requested revision.(s).
§ 15.06.140. APPROVAL PROCEDURES FOR FULFILLMENT OF THE ART
IN PUBLIC PLACES PROGRAM REQUIREMENT FOR CITY
DEVELOPMENT PROJECTS.
A. All City-initiated projects subject to the requirements of this
subchapter shall follow the same requirements as development projects on
private property, with the exception of the requirement to pay an in-lieu fee
into the Cultural Trust Fund if the APPP allocation is less than $75,000. The
APPP allocation shall be included in the development project budget and
appropriated from the development project funding sources. The APPP
allocation may be supplemented with money from the Cultural Trust Fund
with a recommendation from the Cultural Affairs Commission and City
Council approval.
B. Depending on the scope of the development project and/or
overall budget, the City may employ a Community Advisory Committee and/or
Artist Selection Panel, an RFQ and/or RFP process and/or the services of a
qualified art or theatre consultant. Both the Community Advisory Committee
and Artist Selection Panel shall include a combination of professional artists,
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arts and design professionals, community representatives or stakeholders
and City department representatives.
§ 15.06.145. b. If the applicant proposes or the Cultural Affairs
Commission recommends significant revisions to the architecture or physical design and
layout of the proposed project subsequent to receipt of the Community Development
Director’s recommendation, the revised application may be returned to the Commission for
further review and approval.
3. Any person may seek review of the decision made by the Cultural
Affairs Commission, pursuant to Subsection B.1. by filing an appeal in accordance with the
CCMC.
§ 15.06.135. PROCEDURE FOR ACCEPTANCE OF ART
WORKARTWORK DONATED TO THE CITY TO FULFILL THE
ART IN PUBLIC PLACES PROGRAM REQUIREMENT.
A. Application procedure. A. An application for acceptance
of Art Workartwork to be donated to the City for placement on public property
shall be submitted to the Community Development Director and shall include
the following information, at minimum:
1. Preliminary sketchesArtist biography and
object provenance;
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2. Sketches, photographs, models, site plan, lines of sight
studies, or other documentation of sufficient descriptive clarity to
indicate the nature of the proposed Art Workartwork and installation
and siting requirements;
23. Acquisition and installation costs;
4. An appraisal or other evidence of the value of the
proposed Art Work, including acquisition and installation costsartwork.
The value of the proposed artwork will be determined by an Accredited
Member or Accredited Senior Appraiser of the American Society of
Appraisers, or a member of another established national or
international organization for appraisers;
3. A5. Information provided by an American
Institute for Conservation (“AIC”) affiliated conservator about the
durability of the proposed materials, recommendations for future
maintenance and estimated maintenance costs; and,
6. If applicable, a written agreement, in a form approved by
the City Attorney, executed by or on behalf of the artist who created
the Art Workartwork which expressly waives his or her rightsprovides
the City necessary protections as permitted under the California Art
Preservation Act or other applicable law; and.
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4. Other information as may be required by the Cultural Affairs
Commission to adequately evaluate the proposed donation of Art Work.
B. Review of application.:
1. Completed applications shall be submitted
to the Community Development Director for review and who, together
with the CAC Public Art subcommittee, makes a recommendation to
the City Council.Cultural Affairs Commission.
2. RecommendationsThe Cultural Affairs
Commission shall be forwardedin turn make a recommendation to the
City Council, which shall have the sole authority to accept or reject or
conditionally accept the donation.
§ 15.06.140. LIMITATION ON FORMS OF ART.
A. Private property. Subject to the provisions of §§ 15.06.130 and 15.06.145, if
a person subject to this Subchapter chooses to meet the Art in Public Places allocation
requirement by providing art, the only form of art which can satisfy the requirement is
placement of an approved Art Work on private property. As used in this Subchapter, an
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Art Work is a sculpture, mural or portable painting, earthwork, firework, neon, glass
mosaic, photograph, print, calligraphy; or other form of physical hard media.
B. Donation of art. Subject to the provisions of §§ 15.06.135 and 15.06.150, an
applicant, subject to this Subsection, chooses to meet the APPP allocation by donation of
art, the only form of art which can be donated to the City is an Art Work, as described in
the definitions contained in Subsection 15.06.106.
C. All artwork donated to the City in fulfillment of the requirements
of this subchapter shall become the property of the City upon acceptance by
the City Council.
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§ 15.06.150.
§ 15.06.145. OWNERSHIP AND MAINTENANCE OF ART
WORKARTWORK.
A. All Art Workartwork placed on the site of an
Applicant’sapplicant’s project shall become the property of the property owner
and his/her successor(s) in interest. Artwork cannot be sold or transferred
other than to a subsequent successor in interest. The obligation to provide all
maintenance and security, as necessary to preserve the Art Workartwork in
good condition, shall remain with the owner of the site.
B. Maintenance of Art Workartwork, as used in this
Subsectionsection, shall include without limitation,: preservation of the Art
Workartwork and, where applicable, of the lighting and surrounding
landscaping, in good condition to the satisfaction of the City,; protection of the
Art Workartwork against physical defacement, mutilation or alteration,; and,
securing and maintaining fire and extended coverage insurance and
vandalism coverage in an amount to be determined on a case-by-case basis
by the City Attorney. .
C. Prior to placement of an approved Art Workartwork, the applicant and the owner of
the site shall execute and record a
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covenant reflecting all the owners’ obligations under this subchapter, in
a form approved by the City Attorney for .
D. The covenant shall include a financial plan for the maintenance
of the Art Work. artwork, a schedule of future condition checks, preventative
maintenance and restoration of the artwork necessary to conserve the
artwork at an appropriate level, and should be created with input from the
artist, the applicant, the Cultural Affairs Commission, and an Art Consultant, if
one was hired for the project.
E. Applicants are required to set-aside funds for future
conservation and, where possible, in interest bearing accounts. Preventative
maintenance costs may represent from 5% to 15% annually of the total APPP
allocation but shall be based on conservation reports prepared by a
professional art conservator working with the artist and the artist’s fabricator.
Funds for maintenance are not part of the APPP allocation.
F. The City reserves the right to inspect the artwork at any time to
ensure it is being maintained as required by any covenant entered into
pursuant to the provisions of Subsection 15.06.150.C.
G. Failure to maintain the Art Workartwork as provided herein is hereby declared to be
a public nuisance. The City also shallmay pursue additional remedies to obtain
compliance with the provisions of this Program, as appropriate.
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C. In addition to all other available remedies provided by
law, in the eventthe APPP for maintenance of artwork, including subjecting
the property owner fails to maintain the Art Work, upon reasonable notice, the
City may performto administrative citation and/or misdemeanor prosecution;
placing conditions for maintenance of an artwork on the owner’s future
development project approvals; performing all necessary repairs,
maintenance or securesecuring insurance, and the costs thereof, shall
becomeplacing a lien against the realinvolved property for the costs
associated with such.
D. All Art Work donatedH. The artwork is to remain freely
accessible, as previously defined, and may not otherwise be draped or
obscured.
I. The siting of the artwork, including the surrounding landscaping
or adjacent area, shall not be altered without approval from the City shall
become the . The City reserves the right to implement measures necessary
to preserve the design and placement of an artwork as approved by the
Cultural Affairs Commission.
J. Unless an artwork poses imminent danger to life or property, no
person or entity shall remove any artwork from the location for which it was
selected, and anyone needing to do so shall obtain City approval prior to
doing so.
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K. The applicant, its successors, and its assigns, may not destroy,
permanently remove, relocate, change, alter, modify, or allow to be defaced,
any artwork or portion thereof without the express consent of the City. This
requirement will be included in the covenant to be recorded against the
property.
L. If any approved artwork placed on private property pursuant to
this subchapter is removed without City approval, the artwork must be
replaced with artwork of the same value as that of the removed artwork and
be approved by the CAC or the property owner must pay the value of the
removed artwork into the Cultural Trust Fund. If these requirements are not
met within 180 days, then the Certificate of Occupancy is revoked or a lien is
placed against the involved property.
§ 15.06.155. FINAL CITY APPROVAL.
of the City upon acceptanceNo final City approval or Certificate of
Occupancy for any project subject to this subchapter shall be granted or
issued unless and until full compliance with the APPP is achieved as follows:
A. In lieu art fees have been paid, if applicable;
B. The approved artwork has been fabricated and placed on the
project site in a manner consistent with the proposal approved by the
Cultural Affairs Commission and inspected by the CAC and/or Cultural
Affairs staff, if applicable;
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C. Donation of an approved artwork has been accepted by the City
Council., if applicable;
§ 15.06.150. ART WORKD. A Cultural Facility has been
incorporated into the applicant’s development project, if applicable;
E. The building or a portion thereof has been designated
“Architecture as Art,” if applicable.
F. In cases where approved artwork is placed on private property,
a Cultural Facility has been incorporated into the applicant’s development
project or a building has been designated “Architecture as Art” pursuant to
this subchapter, all of the following must occur prior to final City approval or
issuance of a Certificate of Occupancy for any project subject to this
subchapter:
1. A copy of the maintenance guidelines that include
information on materials, parts and fabricator contact information has
been submitted to the City;
2. A covenant, complying with Subsection 15.06.150.C and
setting forth the applicant’s obligations under the APPP, has been
executed and recorded with the Los Angeles County Recorder;
3. A plaque has been installed adjacent to the artwork
measuring no less than 8” x 8” or a proportionate size. The plaque
shall be made of cast metal, stainless steel or other durable material
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and will be placed in an appropriate location near the artwork and shall
include the date, title of artwork (if applicable), artist(s) or architect(s)
(as applicable), and should indicate that the artwork, building’s
architecture or Cultural Facility was commissioned in conjunction with
the Culver City Art in Public Places Program. Staff shall review and
approve plaque text and layout prior to its fabrication and installation at
the site; and,
4. Proof of final payment to the artist and/or all members of
the design and fabrication/installation team has been furnished to the
City.
§ 15.06.160. ARTWORK ON PUBLIC PROPERTY, PERFORMING ARTS
AND PURCHASE OF REAL PROPERTY FOR PUBLIC ART.
A. The Cultural Affairs Commission shall prepare a plan for
the APPPArt in Public Places Program and update it annually through the
budget process.
B. The Cultural Affairs Commission may recommend to the
City Council the purchase of Art Workartwork to be displayed on public
property, recommend support for the performing arts, and the purchase and
improvement of real property to be used for the display of Art Workartwork. A
recommendation shall include the following information:
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1. The type of Art Workartwork considered, an
analysis of the constraints applicable to placement of the Art
Workartwork on a site, the need for and practicality of the maintenance
of the Art Workartwork, and the costs of acquisition and installation of
the Art Workartwork; or
2. The type of performance and amount
recommended; or
3. The estimated costs of acquisition and
improvements of the real property proposed to be purchased.
C. The Cultural Affairs Commission is authorized to review
the performing arts grant applications and make a recommendation to the
City Council up to the amount authorized in the City budget for the current
fiscal year duringfor which the project isprojects are being considered.
D. An expenditure from the City ArtCultural Trust Fund may
be made for the performing arts; provided, the City Council approves the
Performing Artsperforming arts event and that the performance occurs at a
location in the City of Culver City, or location owned or controlled by the City
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or the Culver City Redevelopment Agency, or at an alternative site which is
located within close proximity to the corporate boundaries of the City of
Culver City and which has facilities for performing arts whichthat complement
or supplement those available within the City.
§ 15.06.155. RETURN OF FEES.
A. Fees paid into the City Art Fund which are not committed within five (5) 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 Treasurer 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 payer 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 (1) of the following conditions applies:
1. The City Council finds the fee is needed for the Art in Public Places
Program.
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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 Subchapter 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 (3) places.
§ 15.06.160. E. No more than 25% of deposits made in any one
year into the Cultural Trust Fund may be allocated from the Cultural Trust
Fund for performing arts in the subsequent year unless this amount is less
than $25,000, in which case a minimum of $25,000 may be allocated.
Eligible activities include City-produced performing arts events and grants to
performing arts organizations as subject to the release of a Notice of Funding
Availability (“NOFA”) and review of applications by the Cultural Affairs
Commission and approval by the City Council.
F. In order to attract more cultural users to City-owned and City-
operated facilities, up to $10,000 per year may be allocated from the Cultural Ordinance No. 2004 – 004
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Trust Fund for capital improvements to enhance the performance area of
such facilities.
§ 15.06.165. CRITERIA FOR APPROVING ARCHITECTURE AS ART.
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 public artAPPP requirement:
A. The architect shall be substantiallyinternationally
recognized byand have earned a respectable reputation in both the design
and visual art world in shows,communities and have exhibited their work in
major regional, national or international museums, and/or publications
B. 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.
C. In the alternative, architecture can be considered art if it is created as a
collaborative effort with an artist, the artist does a majority of the work, the artist has major
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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 C.
The applicant must be able to demonstrate how the APPP allocation
enhances the design of their project.
§ 15.06.130 A. et seq. of this Chapter.
§ 15.06.165. 170. PROCEDURE FOR APPROVING ARCHITECTURE AS
ART.
The following procedure must be followed by the
developerapplicant to fillfulfill the public artAPPP requirement with the
building's architecture.:
A. An applicant mustshall make two (2) presentations to the Cultural Affairs
Commission:
1. The firstan initial presentation shall be madeto the
CAC Public Art sub-committee and staff prior to the development application
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being deemed complete. The applicant must submit a maquette and/or other
materials which satisfactorily illustrate the proposed conceptual development.
The applicant and architect must 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.
2. The second presentation shall be made at the completion of
the City approval process. The applicant must then submit a maquette and other materials
which satisfactorily illustrate the to-be-built development.
BB. A second presentation shall be made at the completion
of the City’s review and approval process for the project to a panel
comprising two commercial architects, one visual artist, one visual arts
administrator, and one general design professional such as a landscape
architect or commercial interior designer. At least one of the panel members
shall be a Culver City business owner or resident. The panel shall make a
recommendation to the CAC Public Art subcommittee whether to accept the
project under Architecture as Art and the subcommittee will then make a
recommendation to the Cultural Affairs Commission for consideration. Ordinance No. 2004 – 004
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C. The applicant and architect shall demonstrate that there will be
high quality materials and craftsmanship will be used in the execution of the
construction.
CD. If all of the foregoing criteria are met, the Cultural Affairs
Commission shall acceptapprove the architectureArchitecture as artArt, only
if, in its judgment, the architectural work is of extremely high artistic merit and
would make a substantial cultural contribution to Culver City.
DE. The applicant and/or architect shall have the
responsibility to demonstrate that all of the foregoing criteria are met.
§ 15.06.175.§ 15.06.170. EXEMPTION.
Buildings which are designed and dedicated to performing arts spaces or museum
uses shall not also be required to meet the one percent (1%) set-aside requirement for as
long as the performing arts or museum uses are maintained within the building.
§ 15.06.171. REMOVAL OF ART WORK.
DE-ACCESSIONING OF ARTWORK.
A. The City will allow the de-accessioning of artwork acquired or
commissioned through the Art in Public Places Program only when it is in the
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public interest and serves as a means of improving the quality of the overall
APPP collection;
B. De-accessioning should be considered only after 5 years
following the acceptance of artwork donated to the City or the installation of
permanent art commissioned through the APPP. The need for temporary
removal from public display does not necessitate de-accession. In instances
where the artwork considered for de-accession is on private property, the
Cultural Affairs Commission shall establish guidelinesmake the final decision.
When the artwork is installed on public property or is City-owned, the Cultural
Affairs Commission shall make a recommendation to the City Council which
will make the final decision.
C. After de-accession has been approved by the Cultural Affairs
Commission or the City Council, if the artwork is sold, all proceeds from sale
of artwork, minus payment to address potential options for the sale, removal
and disposal of Art Work in cases where such change becomes necessary.
These guidelinesthe artist under California Resale Royalties Act, will be used
for the exclusive purpose of acquiring replacement artwork for the site or be
paid into the Cultural Trust Fund. If the artwork was on private property, the
then property owner shall be adopted by resolution as soon as reasonably
feasible.replace the de-accessioned artwork with an artwork of equal or
greater value or pay an in-lieu fee equivalent to the cost of the artwork to the
Cultural Trust Fund.
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§ 15.06.175. D. Circumstances that may cause review of artwork
for de-accessioning:
1. The artwork is a threat to public safety, or the
condition/security of the work cannot be guaranteed;
2. The owner cannot properly care for the artwork, or the
artwork requires an excessive or unreasonable amount of
maintenance;
3. The artwork has serious or dangerous faults in design or
workmanship, the condition of the artwork requires restoration costs in
gross excess of its monetary value or is in such a deteriorated state
that restoration is either unfeasible, impractical, or would render the
artwork to be false;
4. A similar but superior example exists in the collection;
5. The artwork is a forgery;
6. No suitable site for the artwork is available;
7. A significant adverse reaction to the artwork is
documented over 5 years or more;
8. The artwork is judged to have no aesthetic, historical or
cultural value;
9. The owner wishes to replace an artwork with a more
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10. The artwork can be sold to finance, or can be traded for,
an artwork of greater importance;
11. A written request from the artist to remove the artwork
from public display has been received and approved by the City;
12. The artwork is not or is rarely displayed; or
13. The artwork is incompatible with the rest of the collection.
§ 15.06.180. APPEAL.
Any person may seek review of a decision of the Cultural Affairs
Commission by filing a written appeal with the City Clerk’s Office within ten
(10) working days, as observed by the Administrative Offices of the City and
excluding national holidays, of the decision by the Commission. The City
Clerk’s Office shall coordinate with the Community Development Director to
schedule the appeal hearing before the City Council.
SECTION 2. In any case where a development project has an approved entitlement
and/or been issued a City building permit prior to the effective date of this Ordinance,
compliance with Subsections 15.06.125.C, 15.06.125.F, 15.06.125.G and 15.06.125.H of
this Ordinance shall be voluntary.
SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall take effect
thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621 of the City
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Charter, prior to the expiration of fifteen days after the adoption, the City Clerk shall cause
this Ordinance, or a summary thereof, to be published in the Culver City News and shall
post this Ordinance or a summary thereof in at least three places within the City.
SECTION 4. The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect.
APPROVED AND ADOPTED this _____ day of ___________________, 2013.
__________________________
Andrew Weissman, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________
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Martin Cole, City Clerk Carol A. Schwab, City Attorney
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ORDINANCE NO. 2004 - 004
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, ADDING, AMENDING AND DELETING
SECTIONS OF CHAPTER 15.05 OF THE CULVER CITY
MUNICIPAL CODE, RELATING TO THE HISTORIC
PRESERVATION PROGRAM, AND SECTIONS OF CHAPTER
15.06 OF THE CULVER CITY MUNICIPAL CODE, RELATING
TO THE ART IN PUBLIC PLACES PROGRAM.
WHEREAS, by Ordinance Nos. 2001-013 and 2001-015 the City Council
established the Cultural Affairs Commission (CAC) and directed that the Art in Public
Places program and Historic Preservation program be primarily implemented by the
CAC;
WHEREAS, the CAC adopted Resolution No. CAC 2002-005 that included
changes necessary with the establishment of the CAC and the transfer of the Art in
Public Places and Historic Preservation programs from the Community Development
Department to the Parks, Recreation & Community Services Department;
WHEREAS, the City Council adopted Ordinance No. 2002-007 that incorporated
the changes adopted by the CAC in Resolution No. CAC 2002-005;
WHEREAS, in July 2003 the CAC and the Art in Public Places and Historic
Preservation programs were transferred to the Community Development Department
from the Parks, Recreation & Community Services Department; and
Ordinance No. 2004 – 004
Page 2
WHEREAS, staff has determined that certain word processing omissions and
changes shall be corrected in Culver City Municipal Code Section 15.05 et seq. and
Section 15.06 et seq. in order to proceed with the development of the Art in Public
Places and Historic Preservation programs and that further revisions reflecting the
change in departments are also necessary; and
WHEREAS, the proposed amendments were unanimously adopted by the CAC in
Resolution No. CAC 2003-002 at their meeting on October 14, 2003.
NOW, THEREFORE, the City Council of the City of Culver City, California, DOES
HEREBY ORDAIN, that the following amendments be made to Chapters 15.05 and
15.06 of the CCMC:
SECTION 1. Sections of Chapter 15.05 of the Culver City Municipal Code shall
be added, amended, and deleted, pursuant to the changes set forth in Exhibit “A”,
attached hereto and incorporated by reference.
SECTION 2. Sections of Chapter 15.06 of the Culver City Municipal Code shall
be added, amended, and deleted, pursuant to the changes set forth in Exhibit “B”,
attached hereto and incorporated by reference. Ordinance No. 2004 – 004
Page 3
SECTION 3. This Ordinance shall take effect thirty (30) days from the date of its
adoption and, as required by Section 512 of the City Charter, prior to the expiration of
fifteen (15) days from the adoption hereof the City Clerk shall cause this Ordinance or a
summary thereof to be published in The Culver City News. Additionally, the City Clerk
shall post this Ordinance or a summary thereof in at least three public places within the
City pursuant to Section 517 of the City Charter.
APPROVED AND ADOPTED this _____ day of ___________________, 2004.
__________________________
ALAN CORLIN, Mayor
City of Culver City
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
Christopher Armenta, City Clerk Carol A. Schwab, City Attorney
\ Ordinance No. 2004 – 004
Page 4
EXHIBIT B
REVISIONS TO THE ART IN PUBLIC PLACES PROGRAM
§ 15.06.100. PURPOSE.
The City Council finds and declares:
A. Cultural and artistic resources, including Art Works and the performing arts,
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. As
this development and revitalization continues as a result of market forces, urbanization
of the community results. 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.
D. 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.
E. Establishment of this Art in Public Places Program (APPP) will promote the
general welfare through balancing the community’s physical growth with revitalization
and its cultural and artistic resources.
§ 15.06.105. IMPLEMENTATION BY CULTURAL AFFAIRS COMMISSION.
The Cultural Affairs Commission, as established in Sections 3.03.400 et seq. of
the Culver City Municipal Code, shall implement the duties established in this
Subchapter. The City Council may prescribe, by resolution, other duties, and the
appointment process for the members of the Commission.
§ 15.06.106. DEFINITIONS.
As used in this Subchapter, the following definitions shall apply:
A. “Art Work” is a sculpture, mural or portable painting, earthwork, firework,
neon, glass mosaic, photograph, print, calligraphy, or other form of physical hard media.
B. “Cultural Affairs Commission” shall be the Commission as established in
Sections 3.03.400 et seq. of this Code. Unless otherwise specified, any reference to
“Commission” in this Subchapter shall mean the Cultural Affairs Commission.
Ordinance No. 2004 – 004
Page 5
C. “Community Development Director” shall mean the Community
Development Director of the City or his/her designee.
D. “Performing Arts” is defined as performances presented by professional or
amateur performers, including theater performance (any form of dramatic presentation,
spoken or silent); musical theater/opera (any dramatic performances of which music is
an integral part); dance (any form of rhythmical movement); music/concert (any musical
form whether classical or popular); and children’s theater (any theater for young
audiences, for or by children).
E. “Project” is defined as consisting of all physical changes and improvements
necessary to complete a development. Such physical changes shall include the
construction of new structures or the remodeling of existing structures.
F. “Freely Available” is defined to mean the Art Work is accessible to the
public for viewing, in a direct line of sight, for a period of ten (10) hours per day, seven
(7) days per week, with the option of excluding national holidays.
§ 15.06.110. CITY ART FUND CREATED.
A. There is hereby created a fund to be known as the “City Art Fund” to
account for fees paid pursuant to this Subchapter. This fund shall be maintained by the
City Treasurer and, subject to §§ 15.06.040 and 15.06.050, shall be used solely:
1. For the design, acquisition, commission, installation, improvement,
maintenance and insurance of an Art Work. “Design Fees” may include those fees
which are paid to an appropriate party for the development of a design concept and the
preparation of construction drawings, which are separate and apart from the cost of the
fabrication and installation of an Art Work;
2. To sponsor or support performing arts;
3. For the acquisition and improvement of real property for the purpose
of displaying Art Work, which has been or may be subsequently approved by the City; or
4. During a fiscal year, for maintenance of and utility charges related to
the Art Work and real property purchased pursuant to Section A.1. above; provided, that
the total amount of expenditures made in any year from the City Art Fund for the purpose
set forth in this Section A.4. shall not exceed five percent (5%) of the total available
amount of fees deposited, pursuant to this Subsection, during the City's fiscal year
immediately preceding that expenditure.
5. For costs associated with administering the Art in Public Places
Program, in an amount not to exceed fifteen percent (15%) of the Program allocation as
set forth in Section 15.06.125; however, in the event the City Council determines that a
special circumstance exists, the City Council may set a higher amount by a four-fifths
vote. Ordinance No. 2004 – 004
Page 6
B. If real property purchased with monies from the City Art Fund is
subsequently sold, the proceeds from the sale shall be returned to the City Art Fund.
§ 15.06.115. DEVELOPMENTS SUBJECT TO PROVISIONS OF SUBCHAPTER.
A. All new residential development projects of more than four (4) units, and all
commercial, industrial, and public building development projects, with a building
valuation exceeding Five Hundred Thousand Dollars ($500,000.00) shall be subject to
the provisions of this Subchapter, provided that 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.
B. Including but not limited to exterior and interior modifications and additions,
all remodeling of existing residential buildings of more than four (4) units, and all
remodeling of existing commercial, industrial and public buildings, shall be subject to the
provisions of this Subchapter when such remodeling has a valuation exceeding Two
Hundred Fifty Thousand Dollars ($250,000.00), excluding earthquake rehabilitation
required by this Code for seismic safety. As used herein, 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.
§ 15.06.120. FINAL CITY APPROVAL.
A. No final City approval for any project subject to this Subchapter shall be
granted or issued unless and until full compliance with the Art in Public Places Program
is achieved as follows:
1. The approved Art Work has been placed in a manner satisfactory to
the Cultural Affairs Commission. Placement of Art Work shall be completed prior to final
inspection and issuance of a Certificate of Occupancy.
2. In lieu art fees have been paid, if applicable.
3. 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. In cases where an applicant is not certain whether to contribute to the City
Art Fund or to obtain approval of an Art Work, the Community Development Director
shall have the authority to negotiate an agreement with the applicant for the deposit of
the amount of funds for the project into the Art Fund for a period of time not to exceed
one (1) year after the issuance of any construction permit. This option will allow an
applicant additional time to determine the desired alternative for compliance with the
Program requirements.
4. Donation of an approved Art Work has been accepted by the City
Council.
Ordinance No. 2004 – 004
Page 7
5. In cases where approved Art Work is placed on private property
pursuant to this Subchapter, the Applicant shall execute and record a covenant with the
Los Angeles County Recorder, which sets forth the Applicant’s obligations to comply with
this Program. The covenant shall be recorded prior to the request for final construction
inspections and the issuance of a Certificate of Occupancy.
B. For the purposes of Subsection A. above, “full compliance with the Art in
Public Places Program” shall not be found until the entire program allocation required by
§ 15.06.125 for the project has been satisfied.
C. If any approved Art Work placed on private property pursuant to this
Subchapter is removed without City approval, the Certificate of Occupancy may be
revoked.
D. A maximum of 25% of funding received in any one year for the City Art
Fund shall be allocated for Performing Arts in the subsequent years, subject to the
release of a notice of funding availability and review of applications by the Cultural
Affairs Commission and approval by the City Council
§ 15.06.125. PROGRAM ALLOCATIONS.
A. The APPP allocation, as used in this Subchapter, is the percentage of the
construction costs which are set aside for the City's APPP and shall be an amount equal
to one percent (1%) of the total building valuation for an applicable project, excluding
land acquisition and off-site improvement costs as defined in § 15.06.106 (E). The total
building valuation shall consist of the dollar amount of all construction permits 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
methodology is more appropriate for a particular project.
B. In lieu of placement of an approved Art Work, the applicant may pay to the
City Art Fund an amount equal to the program allocation set forth in Subsection A above.
In lieu fees are due at the prior to issuance of a Building Permit.
C. Nothing in this Section shall prohibit the applicant from placing an
approved Art Work 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 Art Work.
§ 15.06.130. APPLICATION AND APPROVAL PROCEDURES FOR PLACING ART
WORK ON PRIVATE PROPERTY.
A. Application procedures. An application for placement of Art Work on
private property shall be submitted to the Community Development Director, and shall
include the following information, at minimum: Ordinance No. 2004 – 004
Page 8
1. Preliminary sketches, photographs or other documentation of
sufficient descriptive clarity to indicate the nature of the proposed Art Work;
2. An appraisal or other evidence of the value of the proposed Art
Work, including acquisition and installation costs;
3. Preliminary plans containing such detailed information as may be
required by the Community Development Director and the Planning Manager to
adequately evaluate the location of the Art Work 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
4. A narrative proposal with elevations, site plans, lines of sight
studies, renderings and other descriptive materials, as deemed necessary by the
Community Development Director, to be submitted to the Cultural Affairs Commission to
demonstrate that the Art Work will be displayed in an area open and freely available to
the general public at least ten (10) hours each day, seven (7) days per week, or
otherwise provide public accessibility in an equivalent manner based on the
characteristics of the Art Work or its placement on the site. (Refer to § 15.06.106 (F) for
a definition of “Freely Accessible.”)
B. Approval.
1. Except as provided in Subsection B.2. below, completed
applications shall be submitted to the Community Development Director for review of the
Art Work, considering the aesthetic quality and harmony of the Art Work with the existing
on-site improvements, and the proposed location of and public accessibility to the Art
Work.
2. The Cultural Affairs Commission shall review the completed
application together with the recommendation of the Community Development Director
and approve, approve with conditions, or deny the proposed Art Work, and its proposed
location, considering the aesthetic quality and harmony with the proposed project, and
the public accessibility to the Art Work.
a. If the applicant proposes significant revisions to the Art Work,
a revised application shall be submitted to the Community Development Director for
review and recommendation to the Cultural Affairs Commission. The Commission shall
make a determination whether to approve, approve with conditions, or deny the
requested revision.
b. If the applicant proposes or the Cultural Affairs Commission
recommends significant revisions to the architecture or physical design and layout of the
proposed project subsequent to receipt of the Community Development Director’s Ordinance No. 2004 – 004
Page 9
recommendation, the revised application may be returned to the Commission for further
review and approval.
3. Any person may seek review of the decision made by the Cultural
Affairs Commission, pursuant to Subsection B.1. by filing an appeal in accordance with
the CCMC.
§ 15.06.135. PROCEDURE FOR ACCEPTANCE OF ART WORK DONATED TO THE
CITY.
A. Application procedure. An application for acceptance of Art Work to be
donated to the City for placement on public property shall be submitted to the
Community Development Director and shall include the following information, at
minimum:
1. Preliminary sketches, photographs, models, site plan, lines of sight
studies, or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed Art Work;
2. An appraisal or other evidence of the value of the proposed Art
Work, including acquisition and installation costs;
3. A written agreement, in a form approved by the City Attorney,
executed by or on behalf of the artist who created the Art Work which expressly waives
his or her rights under the California Art Preservation Act or other applicable law; and
4. Other information as may be required by the Cultural Affairs
Commission to adequately evaluate the proposed donation of Art Work.
B. Review of application.
1. Completed applications shall be submitted to the Community
Development Director for review and recommendation to the City Council.
2. Recommendations shall be forwarded to the City Council, which
shall have the sole authority to accept or reject or conditionally accept the donation.
§ 15.06.140. LIMITATION ON FORMS OF ART.
A. Private property. Subject to the provisions of §§ 15.06.130 and 15.06.145,
if a person subject to this Subchapter chooses to meet the Art in Public Places allocation
requirement by providing art, the only form of art which can satisfy the requirement is
placement of an approved Art Work on private property. As used in this Subchapter, an
Art Work is a sculpture, mural or portable painting, earthwork, firework, neon, glass
mosaic, photograph, print, calligraphy; or other form of physical hard media.
Ordinance No. 2004 – 004
Page 10
B. Donation of art. Subject to the provisions of §§ 15.06.135 and 15.06.150,
an applicant, subject to this Subsection, chooses to meet the APPP allocation by
donation of art, the only form of art which can be donated to the City is an Art Work, as
described in the definitions contained in Subsection 15.06.106.
§ 15.06.145. OWNERSHIP AND MAINTENANCE OF ART WORK.
A. All Art Work placed on the site of an Applicant’s project shall become the
property of the property owner and his/her successor(s) in interest. The obligation to
provide all maintenance necessary to preserve the Art Work in good condition shall
remain with the owner of the site.
B. Maintenance of Art Work, as used in this Subsection, shall include without
limitation, preservation of the Art Work in good condition to the satisfaction of the City,
protection of the Art Work 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
Art Work, the applicant and the owner of the site shall execute and record a
covenant in a form approved by the City Attorney for maintenance of the Art Work.
Failure to maintain the Art Work as provided herein is hereby declared to be a public
nuisance. The City also shall pursue additional remedies to obtain compliance with the
provisions of this Program, as appropriate.
C. In addition to all other available remedies provided by law, in the event the
property owner fails to maintain the Art Work, upon reasonable notice, the City may
perform all necessary repairs, maintenance or secure insurance, and the costs thereof,
shall become a lien against the real property.
D. All Art Work donated to the City shall become the property of the City upon
acceptance by the City Council.
§ 15.06.150. ART WORK ON PUBLIC PROPERTY, PERFORMING ARTS AND
PURCHASE OF REAL PROPERTY FOR PUBLIC ART.
A. The Cultural Affairs Commission shall prepare a plan for the APPP.
B. The Cultural Affairs Commission may recommend to the City Council the
purchase of Art Work to be displayed on public property, support for the performing arts,
and the purchase and improvement of real property to be used for the display of Art
Work. A recommendation shall include the following information:
1. The type of Art Work considered, an analysis of the constraints
applicable to placement of the Art Work on a site, the need for and practicality of the
maintenance of the Art Work, and the costs of acquisition and installation of the Art
Work; or
2. The type of performance and amount recommended; or Ordinance No. 2004 – 004
Page 11
3. The estimated costs of acquisition and improvements of the real
property proposed to be purchased.
C. The Cultural Affairs Commission is authorized to review the performing
arts grant applications and make a recommendation to the City Council up to the amount
authorized in the City budget for the current fiscal year during which the project is being
considered.
D. An expenditure from the City Art Fund may be made for the performing
arts; provided, the City Council approves the Performing Arts event and that the
performance occurs at a location in the City of Culver City, or owned or controlled by the
City or the Culver City Redevelopment Agency, or at an alternative site which is located
within close proximity to the corporate boundaries of the City of Culver City and has
facilities for performing arts which complement or supplement those available within the
City.
§ 15.06.155. RETURN OF FEES.
A. Fees paid into the City Art Fund which are not committed within five (5)
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 Treasurer 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
payer 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 (1) of the following conditions
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 Subchapter 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 (3) places.
Ordinance No. 2004 – 004
Page 12
§ 15.06.160. CRITERIA FOR APPROVING ARCHITECTURE AS ART.
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 public art
requirement:
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 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.
C. In the alternative, architecture can be considered art 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 § 15.06.130 A. et seq. of this Chapter.
§ 15.06.165. PROCEDURE FOR APPROVING ARCHITECTURE AS ART.
The following procedure must be followed by the developer to fill the public art
requirement with the building's architecture.
A. An applicant must make two (2) presentations to the Cultural Affairs
Commission:
1. The first presentation shall be made prior to the development
application being deemed complete. The applicant must submit a maquette and other
materials which satisfactorily illustrate the proposed conceptual development. The
applicant and architect must 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.
2. The second presentation shall be made at the completion of
the City approval process. The applicant must then submit a maquette and other
materials which satisfactorily illustrate the to-be-built development.
B. The applicant and architect shall demonstrate that there will be high quality
materials and craftsmanship used in the execution of the construction.
Ordinance No. 2004 – 004
Page 13
C. If all of the foregoing criteria are met, the Cultural Affairs Commission shall
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 Culver
City.
D. The applicant and/or architect shall have the responsibility to demonstrate
that all of the foregoing criteria are met.
§ 15.06.170. EXEMPTION.
Buildings which are designed and dedicated to performing arts spaces or
museum uses shall not also be required to meet the one percent (1%) set-aside
requirement for as long as the performing arts or museum uses are maintained within
the building.
§ 15.06.171. REMOVAL OF ART WORK.
The Cultural Affairs Commission shall establish guidelines to address potential
options for the sale, removal and disposal of Art Work in cases where such change
becomes necessary. These guidelines shall be adopted by resolution as soon as
reasonably feasible.
§ 15.06.175. APPEAL.
Any person may seek review of a decision of the Cultural Affairs Commission by
filing a written appeal with the City Clerk’s Office within ten (10) working days, as
observed by the Administrative Offices of the City and excluding national holidays, of the
decision by the Commission. The City Clerk’s Office shall coordinate with the
Community Development Director to schedule the appeal hearing before the City
Council. Cultural Affairs Commission
December 11, 2012
Page 2 of 5
ABSENT: WILLIAMS
ABSTAIN: KOOSED
o0o
Action Items
Item A-1
Consideration of a Recommendation to the City Council to
Approve an Ordinance Repealing and Replacing Municipal Code
Section 15.06.100 et seq. Relating to the Art in Public
Places Program
Christine Byers, Public Art and Historic Preservation
Coordinator, thanked those who worked on the item and
provided a summary of the material of record.
Susan Obrow, Performing Arts and Special Events
Coordinator, provided a summary of the Performing Arts
portion of the item.
Discussion ensued between staff and Commissioners regarding
next steps in the process; appreciation to staff and others
for their work on the ordinance update; changes caused by
the elimination of redevelopment in February 2012; efforts
to improve the cultural quality of life in the City; the
funding allocation process; the timeline; the $75,000
threshold; the opportunity for increased revenue to the Art
Fund; an increase in funding for the performing arts; the
Performing Arts Grant program; Music in the Chambers; the
budget process; adding a cultural facility as an
alternative; administration of the program; the permitting
process; the Community Development Department; the
importance of communication; ensuring that potential funds
are not lost; and, monitoring multiple permits and phased
projects.
Vice Chair Koosed asked specifically how the termination of
restrictions on covenanted low or moderate-income
residential units and the issuance of multiple building
permits for a single project within a three year period are
to be monitored by the City in order to capture all
applicable projects for purposes of fulfilling the Art in
Public Places Program requirement. Staff replied that in
both instances that the City’s permitting process is the
most effective tracking tool. Cultural Affairs Commission
December 11, 2012
Page 3 of 5
Chair Smashey invited public participation.
The following member of the audience addressed the
Commission:
Mim Shapiro expressed gratitude to those who worked on the
item.
Chair Smashey thanked Ms. Shapiro for her efforts.
MOVED BY VICE CHAIR KOOSED AND SECONDED BY COMMISSIONER
BERNARDIN THAT THE CULTURAL AFFAIRS COMMISSION: RECOMMEND
THAT THE CITY COUNCIL APPROVE DRAFT ORDINANCE NO. 2012-
____, REPEALING AND REPLACING CULVER CITY MUNICIPAL CODE
SECTION 15.06.100 ET SEQ. RELATING TO THE ART IN PUBLIC
PLACES PROGRAM.
AYES: BERNARDIN, KLEIN, KOOSED, SMASHEY
NOES: NONE
ABSENT: WILLIAMS
o0o
Public Comment for Items Not on the Agenda
Chair Smashey invited public comment.
No speakers came forward and no cards were received.
o0o
Receipt of Correspondence
Christine Byers, Public Art and Historic Preservation
Coordinator, indicated that information on the Sister City
anniversary event had been delivered with Commission
packets.
o0o
Items From Staff
Susan Obrow, Performing Arts and Special Events
Coordinator, announced the First Annual Holiday Gymnastics
Spectacular on December 16 and Made in Culver City on