§ 17.92

Freely accessible on-site public art work shall be integrated into development projects located within the C- 4 zone.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.92.020 - Definitions.

The following words or phrases shall have the following meanings when used in this chapter:

"Art" or "Art Work." Art, including, but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art or art work as defined herein may be permanent, fixed, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals.

"Artist." An individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this section shall not be considered artists for the purposes of this section. This definition applies only to the requirements of the section.

"Freely Accessible." The art work is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises.

"Public Art or Art Work." On-site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.92.030 - Objects not considered public art.

The following are not considered public art for the purposes of this chapter:

A.

Directional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions;

B.

Objects which are mass-produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains;

C.

Reproduction, by mechanical or other means, of original works of art;

D.

Decorative, architectural, or functional elements which are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose;

E.

Landscape architecture, gardening, or materials, except where these elements are designed by the artist and are an integral part of the work of art by the artist; or

F.

Landscaping required by the Rosemead Municipal Code as part of the development entitlements.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.92.040 - Approval of art plan.

A.

Art plan documentation shall be submitted for approval by the City Council for each development.

B.

The City Council shall review the submitted documentation, together with the recommendation of the Community Development Director, and approve, approve with conditions, or deny the proposed art work.

C.

Criteria for approval shall include location, considering the qualifications of the artist, the aesthetic quality and harmony of the art work with the proposed development project, and the proposed location of and public accessibility to the art work.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.92.050 - Additional requirements for public art for on-site installation.

A.

Plaque. The public art shall be identified by a plaque that meets the standards in use by the City at the time of installation of the public art. The requirement of this paragraph may be waived if determined in a particular circumstance to be inconsistent with the intent of this Section.

B.

Ownership and Maintenance of Art Work.

1.

All on-site public art work shall remain 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 property owner of the site. The developer, and subsequently the property owner, shall maintain, or cause to be maintained, in good condition the public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City. The maintenance obligations of the property owner shall be contained in a covenant and recorded against the property and shall run with the property.

2.

Failure to maintain the art work, as provided herein, is hereby declared to be a public nuisance. 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 thereof shall become a lien against the real property. The City also may pursue additional remedies to obtain compliance with the provisions of this requirement, as appropriate.

C.

Location and Relocation of On-Site Public Art.

1.

When and if the development project is sold at any time in the future, the public art must remain at the development at which it was created and may not be claimed as the property of the seller or removed from the development or its location approved by the City Council.

2.

In the event that a property is to be demolished, the owner must relocate the public art to another publicly accessible, permanent location that is approved in advance by the City Council.

3.

A property owner may, for good cause, petition the City Council to replace or relocate the public art to another publicly accessible location on the development project site. City approval, the certificate of occupancy may be revoked.

a.

Any removal, relocation, or replacement of the public art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other applicable law.

b.

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. No. 931, § 5(Exh. A), 10-22-13)

The project shall have recorded against it a declaration of covenants, conditions, and restrictions in favor of the City and in a form approved by the City Attorney which shall include the following provisions as appropriate:

A.

The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable satisfaction of the City and protection of the art work against destruction, distortion, mutilation, or other modification.

B.

Any other reasonable terms necessary to implement the provisions of this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.96 - GREEN BUILDING