(A) No final city approval for any project subject to this chapter shall be granted or issued unless and until full compliance with the Art in Public Places Program is achieved by at least one of the following methods:
(1) The approved art work has been placed in a manner satisfactory to the Commission. Placement of art work shall be completed prior to the final inspection and issuance of a certificate of occupancy or temporary certificate of occupancy.
(2) In lieu art fees have been paid pursuant to this chapter, if applicable.
(3) Financial security in an amount equal to the acquisition and installation cost of an approved art work, in a form approved by the City Attorney, has been posted. In cases where an applicant is not certain whether to contribute to the City Art Fund or to obtain approval of an art work, the Community Development Director shall have the authority to negotiate an agreement with the applicant for returnable deposit, into the City Art Fund, an amount of in-lieu fees for the project pursuant to this chapter for a period of time not to exceed one year after the issuance if any construction permit. At the end of that year, the deposit shall no longer be refundable and the applicant will be deemed to have met the Art in Public Places Program requirements. That option is to allow an applicant additional time to determine the desired alternative for compliance with the Art in Public Places Program requirements.
(4) Donation of an approved art work has been accepted by the City Council.
(5) In cases where approved art work is placed on private property pursuant to this chapter, the applicant shall execute and record a covenant with the Los Angeles County recorder, which sets forth the applicant and subsequent property owner’s obligations to comply with maintenance obligations of the Art in Public Places Program. The covenant shall be recorded prior to the request for final construction inspection and the issuance of a temporary certificate of occupancy or certificate of occupancy.
(B) For the purposes of division (A), full compliance with the Art in Public Places Program shall not be found until the entire Art in Public Places Program allocation required by § 154.021 for the project has been satisfied.
(C) A maximum of 25% of funding received in any one year for the City Art Fund shall be allocated for performing arts in subsequent years, subject to the release of funding availability and review of applications by the Commission.
(Ord. 1245, passed 9-15-04)