Sec. 17-61. - Project screening.

(a)

Upon application for land use entitlements and/or building permits, the planning director shall determine whether a project is subject to the requirements of this article. The planning director may require the submission of additional information regarding project valuation to assist in making this determination.

(b)

Within thirty (30) days of the date of applying for entitlements or permits, the planning director shall determine whether a project is subject to the requirements of this article or shall request additional information in writing to assist in making this determination. If additional information is requested, the planning director shall make his/her determination within thirty (30) days of receiving all requested additional information.

(Ord. No. 2117, § 1, 8-17-04)

Sec. 17-62. - Art in public places application.

(a)

Application. For projects which are subject to the requirements of this article and which decide to not fulfill the requirements of this subchapter through the payment of in-lieu fees as set forth in subsection 17-51(b), the project applicant shall submit an art in public places application form to the planning department. The application shall set forth the manner in which the applicant proposes to fulfill the requirements of this article, including whether the fulfillment shall be by on-site artwork contribution, off-site artwork contribution, in-lieu contribution, or any combination thereof.

(b)

Planning commission review. The planning commission shall be responsible for reviewing and rendering decisions regarding art in public places applications. The determination of the planning commission shall

be final unless appealed to the city council within ten (10) days of the planning commission decision pursuant to procedures set forth in section 26-190.

(Ord. No. 2117, § 1, 8-17-04; Ord. No. 2174, § 1, 4-15-08; Ord. No. 2229, § 2(Exh. B), 3-20-12; Ord. No. 2519, § 11, 2-20-24)

Sec. 17-63. - Completion of requirements.

(a)

In lieu contribution. No project grading or building permits may be issued until all in lieu contributions have been paid in full pursuant to the approved art in public places application.

(b)

Artwork contribution. When the project applicant has elected to fulfill the requirements of this article in full or in part through an artwork contribution pursuant to an approved art in public places application, the certificate of occupancy or final building permit shall not be issued until the approved artwork(s) has been fully installed and completed in a manner satisfactory to the planning director. At the discretion of the planning director, an in lieu contribution in the amount of the valuation of the approved artwork may be made as a deposit to secure the proper installation of artwork subsequent to the issuance of a certificate of occupancy or final building permit. Upon proper installation of the approved artwork, the deposit shall be refunded. After one (1) year following the deposit of an in lieu contribution, the city may elect to cancel the requirement for the approved artwork and retain the deposit as fulfillment of the requirement for this article.

(Ord. No. 2117, § 1, 8-17-04)

Secs. 17-64—17-70. - Reserved. DIVISION 5. - ART IN PUBLIC PLACES FUND

Sec. 17-71. - Fund created.

There is hereby created an art in public places fund. All monies collected in accordance with this article, and in particular in accordance with the in lieu contribution provisions of this article, shall be deposited into this fund. The art in public places fund may also be used as a depository for endowments, bequests, grants, or donations.

(Ord. No. 2117, § 1, 8-17-04)

Sec. 17-72. - Accounting.

The city manager shall establish accounting records sufficient to identify and control the art in public places fund. The account containing these funds shall earn interest and the earned interest shall be used for and be subject to the same restrictions set forth in section 17-73.

(Ord. No. 2117, § 1, 8-17-04)

Sec. 17-73. - Use of funds.

Monies in the art in public places fund may only be used for the following purposes:

(a)

The purchase, commission, and/or installation of public artwork.

(b)

Maintenance or restoration of public artwork.

(c)

Art education programs and events.

(d)

Plaques and signage.

(e)

Publicity and promotional materials for public art programs and functions.

(f)

Training and development for staff and commissioners involved in the administration of the art in public places program.

(g)

Other costs directly associated with the administration of the art in public places program as set forth in the annual program budget.

(Ord. No. 2117, § 1, 8-17-04)

Sec. 17-74. - Budget and work program.

The art in public places program shall have an annual administrative budget that shall be included as part of the city's budget. In conjunction with the annual budget, a work program shall be prepared each year which shall set forth a plan for use and expenditure of funds. The work program should specify locations for proposed artworks, approximate value of artworks, and the selection process to be used for commissioning or purchasing artworks. The planning commission shall review the annual work program and render a recommendation for final approval by the city council.

gram shall be prepared each year which shall set forth a plan for use and expenditure of funds. The work program should specify locations for proposed artworks, approximate value of artworks, and the selection process to be used for commissioning or purchasing artworks. The planning commission shall review the annual work program and render a recommendation for final approval by the city council.

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

Secs. 17-75—17-80. - Reserved. DIVISION 6. - STANDARDS FOR ARTWORKS

Sec. 17-81. - Location.

Artwork shall be situated so as to be readily visible by the general public and be located in an area specifically designated on approved building plans. Appropriate locations may include entryways, greenbelts, and building exteriors.

(Ord. No. 2117, § 1, 8-17-04)

Sec. 17-82. - Materials.

Artwork shall be constructed of permanent materials requiring a low level of maintenance. The application is reviewed for durability and weather resistance of the art media.

(Ord. No. 2117, § 1, 8-17-04)

Sec. 17-83. - Maintenance.

The continued maintenance of artwork shall be responsibility of the owner. Artists and developers shall include maintenance provisions in the artist's contract which stipulate the length of time the artist shall be responsible for repairs. Where artwork is placed on private property pursuant to the requirements of this article, the applicant shall execute and record a covenant with the Los Angeles County Recorder which sets forth the applicant's obligation to properly maintain the approved artwork. If any approved artwork placed on private property pursuant to this article is removed without city approval, the city shall pursue enforcement of the covenant and any other appropriate remedies that will ensure compliance with the requirements of this article.

(Ord. No. 2117, § 1, 8-17-04)

Sec. 17-84. - Artist qualifications.

Artwork must be designed by artists with experience and knowledge of monumental-scale public art. The artist's qualifications shall be reviewed by the planning commission. Qualifications must include examples of past works that can be documented.

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

Sec. 17-85. - Art in public places guidelines.

In addition to the standards set out in this article, the planning commission shall also be responsible for promulgating and adopting a set of guidelines that shall further set out appropriate standards for artwork, artists, and other related matters. These guidelines shall be adopted by resolution of the planning commission and may be amended from time to time as necessary.

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

Secs. 17-86—17-100. - Reserved. ARTICLE III. - HISTORIC RESOURCE PRESERVATION DIVISION 1. - GENERALLY

Sec. 17-101. - Purpose and intent.

The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of historic resources such as buildings, structures, sites, places, and districts within the city that reflect special elements of the city's architectural, artistic, cultural, historical, political, and social heritage for the following reasons:

(1)

To safeguard the city's heritage by encouraging the protection of landmarks representing significant elements of its history.

(2)

To foster civic and neighborhood pride and a sense of identity based on an appreciation of the city's past and the recognition and use of historic resources.

(3)

To enhance the visual character of the city by preserving diverse architectural styles reflecting phases of the city's history and by encouraging complementary contemporary design and construction.

(4)

To strengthen the economy of the city by protecting and enhancing the city's attractions to residents, tourists, and visitors.

(5)

To stabilize and improve property values within the city by recognizing historic landmarks and by protecting areas of historic buildings from encroachment by incompatible designs.

(6)

To promote the enjoyment and use of historic resources appropriate for the education and recreation of the people of the city.

(7)

To integrate the preservation of historic resources and the extraction of relevant data from such resources into public and private land management and development processes.

(8)

To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

(9)

To encourage and facilitate public knowledge, understanding, and appreciation of the city's historic past and unique sense of place.

(10)

To preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the city's history and to encourage complementary design and construction and inspire a more livable urban environment.

(11)

To enhance neighborhoods through the preservation of historic resources and establishment of historic districts.

(12)

To take whatever steps are reasonable and necessary to safeguard the property rights of owners whose property is declared to be a landmark or is located in a historic district.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

Sec. 17-102. - Area of application.

This article shall apply to all historic resources, publicly and privately owned, within the corporate limits of the City of West Covina.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)