Sec. 17-32. - Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant. The owner of the property or the tenant utilizing the property and seeking required permits.

Artwork. Original works of art, including, but not limited to, the following categories: sculpture, mural or portable painting, mosaic, fountains, earthwork, firework, neon glass mosaic, photograph, print, calligraphy, or other forms of physical hard media. These categories may be realized through such mediums as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials.

City manager. The City Manager of the City of West Covina or his/her designee.

Eligible fund. A source fund for construction projects construction cost) from which art is not precluded as an object of expenditure. Construction cost excludes costs of real property acquisition, demolition, equipment, normal major maintenance, financing, advertising and legal fees, and costs paid from contingency reserve funds, capital reserve or interest earnings on city bond proceeds.

Performing arts. 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).

Planning commission. The Planning Commission of the City of West Covina.

Planning director. The planning director of the City of West Covina or his/her designee.

Project cost. The total value of the improvements for a project, excluding land value, as determined by the Public works Director, and indicated on the building permit(s) that are issued for that project.

Public place. Any exterior area on public or private property which is easily accessible and clearly visible to the general public, such as a street or other public thoroughfare, sidewalk, parks, and plazas.

Public works director. The Public Works Director of the City of West Covina or his/her designee.

(Ord. No. 2117, § 1, 8-17-04; Ord. No. 2174, § 1, 4-15-08; Ord. No. 2229, § 2(Exh. B), 3-20-12)

Secs. 17-33—17-40. - Reserved.

DIVISION 2. - PROJECTS SUBJECT TO ART IN PUBLIC PLACES PROGRAM

Sec. 17-41. - Projects subject to requirements.

Except as may be exempted pursuant to section 17-42, the requirements of this article shall apply to the following types of projects:

(a)

Residential projects. New residential projects consisting of the subdivision of ten (10) or more residential lots and/or the construction of ten (10) or more dwelling units.

(b)

New nonresidential projects. New nonresidential (i.e. commercial, office, or industrial) projects having total projects costs of five hundred thousand dollars ($500,000.00) or more as determined by the city's valuation of building permits issued for the project.

(c)

Expansion/remodel of nonresidential projects. Expansion and/or remodeling of existing nonresidential (i.e. commercial, office, or industrial) projects having total project costs of two hundred fifty thousand dollars ($250,000.00) or more as determined by the city's valuation of building permits issued for the project.

(d)

Mixed use projects. Projects consisting of both residential and nonresidential development that meet one (1) or more of the criteria listed in subsections (a) through (c) above.

(e)

City projects. City capital improvement projects involving construction of public buildings or facilities and having project costs of five hundred thousand dollars ($500,000.00) or more as determined by the public works director.

(Ord. No. 2117, § 1, 8-17-04)

Sec. 17-42. - Exempt projects.

The following projects shall be exempt from the requirements of this article:

(a)

Affordable/senior citizen housing. Residential or mixed use projects involving the construction or remodeling of dwelling units restricted to sale, rent, or occupancy by low- to moderate-income households and/or senior citizen households.

(b)

Civic, cultural, or governmental facilities. Projects consisting of the construction, expansion, or remodeling of facilities of a civic or cultural nature or facilities owned by governmental agencies, except "city projects" as listed under subsection 17-41(e) above.

(c)

Reconstruction or repair of damaged facilities. Projects consisting of the reconstruction or repair of facilities that have been damaged or destroyed by fire, flood, wind, earthquake, acts of terrorism, or other calamity.

(Ord. No. 2117, § 1, 8-17-04)

Secs. 17-43—17-50. - Reserved.

DIVISION 3. - REQUIREMENTS FOR ART IN PUBLIC PLACES PROGRAM