La Quinta Municipal Code Ch. 2.65 Art in Public Places

A. This chapter may be known and cited as the "La Quinta Art in Public Places Program." The city of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase fine art and crafts in the city. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art.

B. The stated goal of the Cultural Resources Element of the general plan is to provide enrichment of the community by adequate cultural and recreational facilities and activities. To implement this goal, the general plan further states that the cultural resources of a city encompass those facilities and programs which refresh, enhance or recreate people's bodies and spirits. Community parks, recreational activities, historic resources, library and museum facilities and art festivals are included in this classification. The art in public places program is intended to achieve this purpose by providing visual art throughout the city.

C. Residential and commercial development throughout the city will benefit from public art, both financially and visually. All property within the city will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the city. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement.

D. Therefore, the city council declares that artwork in its various physical forms displayed in public venues in the city constitute public facilities of benefit to the citizens and visitors to the city and in the interest of the public health, safety and welfare, it is the policy of the city to require acquisition and installation of public artworks as provided in this chapter.

(Ord. 524 § 11, 2015; Ord. 277 § 1, 1995; Ord. 173 § 1, 1990)

The city council makes the following findings in connection with the adoption of the ordinance codified in this chapter:

A. There is a reasonable relationship between the acquisition of artworks through the art in public places program and the projects on which the fees provided by this chapter shall be imposed because:

1. Artworks will enhance the real property values within the city generally, including the developments on which the fees will be imposed, and

2. Artworks will, by enhancing the aesthetic values of the city as a whole, make the city an attractive place to live and work, thereby making the city more vital; and

B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and

C. The amount of the fee is reasonably related to the artworks to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be a direct and proportionate relationship between the size of the development and the quantity or quality of artwork which can be purchased from the fees generated by the development upon which the fees shall be imposed.

(Ord. 277 § 1, 1995; Ord. 173 § 1, 1990)

As used in this chapter:

A. "Arts application" means the application to be submitted by a project applicant pursuant to Section 2.65.070.

B. "Art in public places fund" means the fund established by Section 2.65.110.

C. "Art site" means any site, upon which the artwork is to be located, on public or private property within the city which is accessible and visible to the general public.

D. "Artwork" means original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials.

E. "Commission" means the community services commission as appointed in Chapter 2.95.

F. "Fee" or "fees" means the fees imposed by this chapter.

G. "Projects" means all construction or rehabilitation in the city covered by a single building permit.

H. "Project costs" means the value of the improvements for a project based upon the building permit valuation submitted.

(Ord. 516 § 4, 2013; Ord. 317 § 1, 1998; Ord. 277 § 1, 1995; Ord. 203 §§ 1, 2, 1992; Ord. 173 § 1, 1990)

When a project is subject to the requirements of this chapter pursuant to Section 2.65.060, the project applicant shall pay a development fee, as described in subsection A of this section, or shall comply with the provisions of subsection B of this section. Project applicants shall indicate on their art in public places application whether the project applicant will comply with subsection A or B of this section.

A. Development Fees. The project applicants shall pay a fee to be deposited in the art in public places fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 of this chapter for the project.

B. Provision of Artwork. In lieu of paying the development fee as required by subsection A of this section, the project applicant may acquire and install an artwork on an art site on or in the vicinity of the project site pursuant to Section 2.65.100 of this chapter. As a guide, the cost or value of such artwork should approximate the amount of the fee that would be paid under subsection A of this section. The project applicant shall receive credit for the fee required by subsection A of this section only in the actual amount of the cost of value of artwork acquired and installed, plus costs of installation. Only project applicants liable for a fee pursuant to subsection A of this section that is in excess of five thousand dollars ($5,000.00) shall be permitted to elect to provide an artwork pursuant to this subsection unless such project applicant proposes to furnish artwork in excess of the amount of such fee and in a minimum amount of five thousand dollars ($5,000.00).

(Ord. 277 § 1, 1995; Ord. 173 § 1, 1990)

A. Requirements. The requirements of this chapter shall apply to all works of construction or rehabilitation for which a building permit is applied for within the city which constitutes or includes the following activities and which are not subject to the exceptions set forth in subsection B of this section:

1. New commercial and industrial construction;

2. Remodeling, repair or reconstruction of existing commercial or industrial property having project costs which exceed one hundred thousand dollars ($100,000.00) in expenditures;

3. Residential subdivision or development of two (2) units or more, whether by detached single-family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having project costs exceeding one hundred thousand dollars ($100,000.00);

4. Individual residential units (defined as not more than one (1) single-family dwelling which is to be constructed on an individual lot or parcel) having project costs of more than one hundred thousand dollars ($100,000.00).

B. Exceptions. The requirements of this chapter shall not apply to the following activities:

1. Public projects;

2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity;

3. Nonprofit social service or cultural institution projects;

4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093.

(Ord. 277 § 1, 1995; Ord. 203 §§ 3, 4, 1992; Ord. 173 § 1, 1990)

A. Upon submission of a project application for a project subject to the requirements of this chapter, the city shall provide to the project applicant a copy of the ordinance codified in this chapter and an arts application form.

B. The project applicant shall submit to the city a completed arts application form, describing the manner in which the project applicant intends to establish compliance with this chapter. The arts application shall include, for project applicants intending to meet the requirements of Section 2.65.050(B), a complete description of the artwork, if any, the cost or estimated cost of the artwork and installation, the agreement or means by which the project applicant will meet the requirements of Section 2.65.100 of this chapter, and a site plan showing the location of the artwork, complete with landscaping, lighting and other appropriate accessories to complement the artwork.

C. The city shall, upon receipt of the arts application, submit the arts application to the community services commission.

D. The community services commission shall, within thirty (30) days from the date of submittal of the application by the city, submit to the city council comments and a recommendation on the proposed arts application, based upon the guidelines set forth in Section 2.65.080.

E. The arts application shall then be submitted to the city council, which may ratify the application based upon the guidelines set forth in Section 2.65.080.

(Ord. 516 § 4, 2013; Ord. 317 § 3, 1998; Ord. 277 § 1, 1995; Ord. 173 § 1, 1990)

A. Guidelines. Guidelines for the approval of artwork shall include, but are not limited to, the following criteria:

1. The artwork shall be easily visible and accessible to the public;

2. The composition of the artwork shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the artwork;

3. The artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the art site and surrounding environment;

4. The artwork shall be designed and constructed by persons experienced in the production of such artwork and recognized by critics and by his or her peers as one who produces works of art;

5. The artwork shall be appropriately affixed to its site or display.

B. Limitations. The following items are not to be considered as artworks:

1. Art objects which are mass produced from a standard design;

2. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the artwork;

3. Services or utilities necessary to operate or maintain the artwork.

C. Use and Maintenance of Artwork. Artwork acquired by expenditures from the art in public places fund shall be the property of and maintained by the city. The city may dispose of such artwork at its discretion, subject to any agreement with artists or otherwise relating to any specific artwork. The artworks acquired and installed by a project applicant for which credit for the fee required by Section 2.65.050 is given pursuant to Section 2.65.100 of this chapter shall be the property of and maintained by the project applicant, except to the extent the city has rights in or to the artwork or the display thereof pursuant to the agreement with the project applicant entered into pursuant to Section 2.65.100. Alternatively, artwork acquired by the project applicant in lieu of the fee may be donated to the city to be maintained by the city.

(Ord. 317 § 4, 1998; Ord. 277 § 1, 1995; Ord. 173 § 1, 1990)

There will be, and there is established, an art in public places fee (referred to occasionally in this chapter as the fee or fees) to be collected as follows:

A. Fees are to be collected with respect to all projects prior to or at the time of issuance of a building permit, except in the case of residential development of more than one (1) dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first. The city manager, or other such person appointed by him or her, is appointed as the authorized individual to collect the fees.

B. All residential structures whose project costs is in excess of two hundred thousand dollars ($200,000.00)will be charged a fee hereunder equal to the greater of:

1. One-fourth of one percent (¼%) for that portion of project cost in excess of two hundred thousand dollars ($200,000.00); or

2. Twenty dollars ($20.00).

C. All commercial developments, industrial developments and nonresidential development within the city will be charged a fee hereunder equal to the greater of:

1. One-half of one percent (½%) of the project costs; or

2. Twenty dollars ($20.00).

D. The fees will be collected prior to the issuance of any building permit commencing on the date the ordinance codified in this chapter becomes effective.

(Ord. 339 § 1, 2000; Ord. 317 § 5, 1998; Ord. 277 § 1, 1995; Ord. 203 § 5, 1992; Ord. 173 § 1, 1990)

A. A project applicant may apply for a credit against the fee otherwise required to be paid by the project applicant under Section 2.65.050 of this chapter, of one hundred percent (100%) of the cost of an artwork and costs of installation for including an artwork in an art site subject to this chapter, provided that such work shall be approved by the commission, and the project shall enter into a written agreement with the city providing that the artwork shall be installed, maintained and open to public view at reasonable hours for a minimum period of twenty-five (25) years after installation. The written agreement may be extended by the city for ten-year increments.

B. Nothing herein shall restrict the city council from waiving the requirements of this chapter, in whole or in part, with respect to any project otherwise subject to the provisions of this chapter; provided, that the city council determines that the project applicant has entered into an agreement with the city making provision for the acquisition and installation of artworks in connection with the development of the project which addresses the goals and aims of this chapter in a manner equally favorable to or on a basis more favorable to the city than would be achieved by strict compliance with this chapter.

(Ord. 277 § 1, 1995; Ord. 173 § 1, 1990)

A. Accounting. The fees imposed pursuant to Section 2.65.090 of this chapter and any other moneys collected in accordance with provisions of this chapter shall be deposited in a separate account, entitled the art in public places fund. The city manager or designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the art in public places fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the city. The account containing these funds may be invested along with other moneys of the city and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection B of this section.

B. Use of Fund. Expenditures of the fees collected in the art in public places fund may include the following:

1. The cost of artwork and its installation;

2. The cost of purchase or lease of art sites;

3. Waterworks, landscaping, lighting and other objects which are an integral part of the artwork;

4. Frames, mats, pedestals and other objects necessary for the proper presentation of the artwork;

5. Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork;

6. Expenditures for maintenance and repair of artwork;

7. Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent (5%) of the total funds in the account on July 1st of any year nor twenty-five thousand dollars ($25,000.00) in any fiscal year.

C. Endowments. The art in public places fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expended as set forth in subsection B of this section and for art exhibitions or displays as approved by the city council.

D. Replacement. For those artworks that have been purchased with moneys from the art in public places fund or donated to the city, the city may determine to sell or exchange existing artworks for replacement artworks. Any funds obtained from the sale of artwork shall be credited to the art in public places fund. Artwork owned privately and on display by in-lieu agreement may be exchanged with city council approval or the original fee paid to the art in public places fund.

E. Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within five (5) years of their collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law.

(Ord. 524 § 11, 2015; Ord. 317 § 6, 1998; Ord. 277 § 1, 1995; Ord. 173 § 1, 1990)

The city may enter into agreements, upon recommendation of the community services commission or otherwise, for the purchase or commissioning of artworks on art sites not owned by the city, for installation of artwork or the repair, maintenance of servicing thereof and for or relating to all other matters necessary or appropriate to implement the art in public places program.

(Ord. 516 § 4, 2013; Ord. 317 § 7, 1998; Ord. 277 § 1, 1996)