Los Altos Municipal Code Ch. 3.52 Public Art Funding

The definitions set forth in this section shall govern the application and interpretation of this Chapter 3.52.

A.

"Applicant" shall mean the property owner or developer who submits a development application to the city and their successors

B.

"Publicly accessible art" shall mean art which can be reasonably viewed or experienced from the public right-of-way or to which access is unrestricted to members of the public at all times of day.

C.

"Total construction costs" shall mean the valuation of the proposed structures or improvements, as calculated based on the most recent City of Los Altos Building Valuation Fee Schedule.

(Ord. No. 2018-446, § 1, 7-10-2018)

There is hereby created a Los Altos Public Art Fund, which funds shall be restricted to implementation of the Los Altos Public Art Program. Such funds may be used for the following purposes, including: acquisition, placement, maintenance, and promotion of temporary and permanent art and art programs on city-owned, public property throughout the city.

(Ord. No. 2018-446, § 1, 7-10-2018)

A.

R1-10, R1-H, R1-20, R1-40. Private single-family developments within the R1-10, R1-H, R1-20 and R1-40 districts shall be exempt from the requirements of this chapter. Private, non-residential developments with total construction costs in excess of one million dollars ($1,000,000.00) and subject to design review approval within the R1-10, R1-H, R1-20 and R1-40 districts shall contribute an amount of one percent (1%) of construction costs to the Los Altos Public Art Fund to be used pursuant to Section 3.52.020. Such contribution shall not exceed two hundred thousand dollars ($200,000.00).

B.

R3-4.5, R3-5, R-3-3, R3-1.8, R3-1. Private developments of four (4) or more units and subject to design review approval within the R3-4.5, R3-5, R-3-3, R3-1.8 and R3-1 districts shall contribute an amount of one percent (1%) of construction costs to the Los Altos Public Art Fund to be used pursuant to Section 3.52.020. Such contribution shall not exceed two hundred thousand dollars ($200,000.00). Construction costs for Below Market Rate units shall not be included in valuation.

C.

OA, OA-1/OA-4.5, CN, CD, CRS, CT, CD/R3, CRS/OAD, PC, PCF, PUD. Private building developments with total construction costs in excess of one million dollars ($1,000,000.00) and subject to design review approval within the OA, OA-1/OA-4.5, CN, CD, CRS, CT, CD/R3, CRS/OAD, PC, PCF, and PUD districts shall devote an amount not less than one percent (1%) of such costs for the acquisition and installation of publicly accessible art on the development site. At the discretion of the applicant, and in lieu of developing on-site public artwork, a Public Art in-lieu contribution of one percent (1%) may be placed into the Los Altos Public Art Fund to be used pursuant to Section 3.52.020. Such contribution shall not exceed two hundred thousand dollars ($200,000.00). Costs directly attributable to construction for Affordable Housing units as defined by Section 14.28.020 shall not be included in valuation.

(Ord. No. 2018-446, § 1, 7-10-2018)

An application for placement of public art on private property shall be submitted in a form and manner as prescribed by the Public Arts Commission staff liaison and shall include:

A.

Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public art;

B.

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

C.

Preliminary plans containing such detailed information as may be required to adequately evaluate the location of the artwork in relation to the proposed development and its compatibility to the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhoods; and

D.

A detailed plan that demonstrates how the property owner or developer will maintain the artwork, including schedule, cost and manner of maintenance; and

E.

A narrative statement or plan that demonstrates the public art will be displayed in a publicly accessible manner.

(Ord. No. 2018-446, § 1, 7-10-2018)

An application for placement of public art on private property submitted pursuant to Section 3.52.040 shall be reviewed by the Public Arts Commission for recommendation prior to final review of the application as a whole by the city council. Public art on private property shall conform to standards adopted by resolution of the city council. A formal application for final placement of public art on private property shall be submitted to and approved by the Public Arts Commission prior to issuance of a building permit. Installation of public art on private property shall occur concurrent with project construction prior to issuance of final certificate of occupancy.

(Ord. No. 2018-446, § 1, 7-10-2018)

For modifications to an approved application for public art on private property, the Public Arts Commission shall be the decision-making body. The action of the Public Arts Commission shall be final unless it is appealed in writing to the City Council within fifteen (15) days of the date of the action, and the appropriate fee is paid.

Any material damage to, or removal or replacement of public art installed pursuant to this chapter shall require immediate written notification to the city and, within thirty (30) days thereof, full repair or in-kind replacement of same, or payment of a public art in-lieu contribution as defined in Section 3.52.030.

(Ord. No. 2018-446, § 1, 7-10-2018)

The installation or placement of public art on private property shall not constitute a donation to the City. Ownership of public art on private property shall continue with the applicant. The city shall bear no obligation nor assume any responsibility or liability with respect to the installation, operation or maintenance of any art installed on private property, which obligations, responsibilities and liabilities shall be borne by the property owner.

The property owner shall be required to carry insurance to cover the full replacement cost of the public art installed pursuant to this chapter. Such insurance shall include coverage resulting from any loss or damage to, including but not limited to vandalism. The property owner shall, upon request of city, timely provide evidence of such insurance coverage to the city.

(Ord. No. 2018-446, § 1, 7-10-2018)

Notwithstanding any other provision of this chapter, the requirement to install public art on private property or to pay a public art in-lieu contribution may be waived, adjusted or reduced by the city council if an applicant demonstrates that there is no reasonable relationship between the impact of the proposed development and the requirement to install public art or to pay the public art in-lieu contribution, or that applying the requirements of this chapter would take property in violation of the United States Constitution or California Constitution or would result in any other constitutional result.

(Ord. No. 2018-446, § 1, 7-10-2018)

The provisions of this chapter shall apply to all agents, successors and assigns of an applicant proposing or constructing a development governed by this chapter, or a property owner with art installed governed by this chapter. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to, actions to revoke, deny or suspend any permit, including a development approval, building permit or certificate of occupancy. The city shall be entitled to costs and expenses for enforcement of the provisions of this chapter, or any agreement pursuant thereto, as awarded by the court, including reasonable attorneys' fees.

(Ord. No. 2018-446, § 1, 7-10-2018)