Chapter 23.16 — ART IN PUBLIC PLACES PROGRAM

The City Council finds and declares:

(A) Cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting the city.

(B) Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.

(C) Cultural and artistic resources are an important aspect of educating and enhancing the community of the city, and supporting outside art projects such as the Pasadena Rose Parade Float help to serve this goal.

(D) As development and revitalization of the real property within the city continues, the opportunity for creation of cultural and artistic resources is diminished.

(E) As this development and revitalization continues as a result of market forces, urbanization of the community results.

(F) 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.

(G) 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.

(H) Establishment of this Arts in Public Places Program will promote the general welfare through balancing the community's physical growth and revitalization and its cultural and artistic resources. (Ord. 4823, passed 1-22-24)

(A) There is hereby created a fund to be known as the "Art in Public Places Fund" ("Art Fund") to account for fees paid pursuant to this chapter. This fund shall be maintained by the City Treasurer and shall be used solely:

(1) For the acquisition, installation, improvement, maintenance and insurance of an art work;

(2) To sponsor or support performing arts and/or outside art projects, including but not limited to the Pasadena Rose Parade Float;

(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) For maintenance of and utility charges related to property purchased pursuant to divisions (A)(1) and (A)(3) above.

(B) If real property purchased with monies from the Art Fund is subsequently sold, the proceeds from the sale shall be returned to the Art Fund.

(Ord. 4823, passed 1-22-24)

There shall be a City Arts Commission to fulfill the duties established in this chapter. The Commission may establish procedures for the selection of locations of public art displays; for the selection of art to be purchased or commissioned for display; and for the selection of public performances to be funded by the Art Fund. The City

Council may prescribe, by resolution, other duties, and the qualifications of and appointment process for the members of the Commission.

(Ord. 4823, passed 1-22-24)

(A) New development. All new residential development of more than five units, and all commercial, industrial, and public building development projects, with a building valuation exceeding $500,000 shall be subject to the provisions of this chapter.

(B) Existing development. Exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than five units, and all remodeling of existing commercial, industrial and public buildings, shall be subject to the provisions of this chapter when such remodeling has a valuation exceeding $250,000.

(C) Exempt development. The provisions of this chapter do not apply to art work (i.e. murals on private property) proposed voluntarily, and that is not otherwise a requirement or condition of approval for a development project. Additionally, the following developments or modifications, alterations and additions to the developments are exempt from this chapter. This exemption shall apply only as long as the exempt use is maintained.

• (1) Low- or moderate-income housing;

• (2) Senior housing;

• (3) Performing arts facilities;

• (4) Museums;

• (5) Public buildings;

• (6) Interior remodel/tenant improvements; and

• (7) National disaster repairs/rebuilding required by code.

• (Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)

(A) Any development subject to this chapter shall be obligated to contribute to the city's Art in Public Places program. The amount of such contribution shall be a percentage of the total building valuation for the development excluding land value, off-site improvement costs, interior improvements, parking facilities and public facilities. The total building valuation shall be computed using the latest building valuation data as set forth by the International Conference of Building Officials (IBO) unless, in the opinion of the Building Official, a different valuation measure should be used. The percentage required to be contributed shall be set by City Council resolution.

• (B) An applicant may satisfy the contribution obligation required by division (A) above in one of four ways:

• (1) Through payment in cash of the contribution amount directly to the Art Fund (the "in lieu fee"); or

• (2) Through donation of an approved art work, equal to or exceeding the value of the contribution amount, pursuant to § 23.16.080; or,

• (3) Through installation of an approved art work, equal to or exceeding the value of the contribution amount, pursuant to § 23.16.070; or,

(4) Through design of the development in such a manner that it satisfies the contribution obligation pursuant to § 23.16.130.

(C) Nothing in this section shall prohibit the applicant from privately placing or publicly donating an approved art work with acquisition and installation costs in an amount less than the contribution amount; 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. The minimum value of art installed by an applicant shall be at

least $2,500. Also subject to city approval, an applicant may be permitted to pay its allocation to a performing arts program within the city.

(D) 15% of the revenue generated from the Art Fund is allocated for administrative costs.

(Ord. 4823, passed 1-22-24)

(A) If an applicant elects to satisfy its obligations hereunder through the payment of an in lieu art fee, such payment shall be made prior to issuance of building permit. As used in this chapter, APPLICANT shall mean an applicant for a building permit for a development which is subject to this chapter pursuant to § 23.16.040.

(B) If an applicant elects to satisfy its obligations hereunder through donation of an approved art work, or installation of an approved art work on private property, the art work shall be approved, as provided herein, prior to issuance of a building permit.

(C) Prior to final inspection or issuance of a certificate of occupancy, financial security in an amount equal to the acquisition and installation costs of any approved art work, in a form approved by the City Attorney, must be posted. Any donated approved art work must be accepted by the City Council prior to final inspection or issuance of a certificate of occupancy.

(D) The applicant must record a covenant on the subject property which provides for ongoing maintenance of approved art work prior to certificate of occupancy.

(E) If any approved art work placed on private property pursuant to this chapter is removed without city approval, the certificate of occupancy may be revoked.

(Ord. 4823, passed 1-22-24)

(A) Application procedure. An application for placement of art work on private property shall include:

(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 city 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 statement to be submitted to demonstrate that the art work will be displayed in an area open and freely available to the general public at least ten hours each day, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the art work or its placement on the site; and

(5) Other information as may be required by the City Arts Commission to adequately evaluate the proposed art work.

(B) Review and approval. Completed applications shall be submitted to the City Arts Commission for review and approval 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. (Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)

(A) Application procedure. An application for acceptance of art work to be donated to the city shall include:

• (1) Preliminary sketches, photographs, models 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 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 City Arts Commission to adequately evaluate the proposed donation of art work.

• (B) Review and acceptance.

(1) Completed applications shall be submitted to the City Arts Commission 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.

(Ord. 4823, passed 1-22-24)

(A) Private property. Subject to the provisions of §§ 23.16.070 and 23.16.100, if a person subject to this chapter 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 chapter, 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.

(B) Donation of art. Subject to the provisions of §§ 23.16.080 and 23.16.110, if a person subject to this chapter chooses to meet the art in public places allocation by donation of art, the only form of art which can be donated to the city is an art work as described in division (A) above.

(Ord. 4823, passed 1-22-24)

(A) All art work placed on the site of an applicant's project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the owner of the site.

(B) Maintenance of art work 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, applicant and owner of the site shall execute and record a covenant in a form approved by the city for maintenance of the art work. Failure to maintain the art work as provided herein is hereby declared to be a public nuisance.

(C) In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the city may perform all necessary repairs, maintenance or secure insurance, and the costs therefor shall become a lien against the real property.

(D) All art work donated to the city shall become the property of the city upon acceptance by the City Council. (Ord. 4823, passed 1-22-24)

• (A) The Alhambra City Arts Commission shall prepare an annual plan for the Art in Public Places Program.

(B) The Alhambra City Arts Commission may recommend to the City Council the purchase of art work to be displayed on public property, support for the performing arts, support for outside art projects, and the purchase and improvement of real property to be used for the display of art work. A recommendation shall include:

• (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

• (3) A description of the outside art project and the amount recommended; or

• (4) The estimated costs of acquisition and improvements of the real property proposed to be purchased.

• (C) An expenditure from the City Art Fund may be made for the performing arts; provided, that the performance occurs at a location in the City of Alhambra, or owned or controlled by the city.

(D) An expenditure from the City Art Fund may be made for outside art projects including but not limited to the Pasadena Rose Parade Float; provided, that the project serves to educate the community on the city's history or artistic culture.

• (Ord. 4823, passed 1-22-24)

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 artwork on private property as defined in § 23.16.070.

(Ord. 4823, passed 1-22-24)

The following procedure must be followed by the developer to fill the public art requirement with the building's architecture.

(A) Application procedure.

• (1) A developer must make a presentation to the City Arts Commission:

(a) The presentation shall be made prior to the development application being deemed complete. The developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual development. The developer 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) The City Arts Commission shall reserve the right to require a second presentation at the completion of the city approval process. If a second presentation is required, the developer must then submit a maquette and other materials which satisfactorily illustrate the to-be-built development.

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

(3) The developer and/or architect shall have the responsibility to demonstrate that all of the foregoing criteria in

§ 23.16.120 are met.

(B) Review and approval. Completed applications shall be submitted to the City Arts Commission for review. If all of the foregoing criteria are met, the City Arts 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 the city.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)