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1. For the design, acquisition, commission, installation, improvement, relocation, conservation, utility charges and insurance of artwork acquired by the City through the APPP;
2. For preventative care, maintenance and utility charges related to the artwork and real property purchased pursuant to Subsection 15.06.115.A.1; provided, that the total amount of the appropriation made in any year from the Cultural Trust Fund for the purpose set forth in this Subsection 15.06.115.A.2 shall not exceed fifteen percent (15%) of the total fees deposited into the Cultural Trust Fund, pursuant to this Subchapter, during the fiscal year immediately preceding that appropriation. The City Council, with a recommendation by the Cultural Affairs Commission, may appropriate additional funds from the Cultural Trust Fund for the purpose of completing larger conservation efforts, including restoration projects, for one or more artworks;
3. To sponsor or support the performing arts;
4. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City;
5. For costs associated with administering The Art in Public Places Program and associated cultural programs, in an amount not to exceed fifteen percent (15%) of the total fees deposited into the Cultural Trust Fund, pursuant to this Subchapter, during the fiscal year immediately preceding that appropriation; however, in the event the City Council determines that a special circumstance exists, the City Council may set a higher amount by a majority vote; and
6. Other City-produced cultural programs pursuant to the requirements of this Subchapter.
B. If real property purchased with monies from the Cultural Trust Fund is subsequently sold, the proceeds from the sale shall be returned to the Cultural Trust Fund.
(Ord. No. 2013-003 § 1 (part))
A. All new residential development projects of five or more units, and all commercial, industrial, and public building development projects, with a building valuation of five hundred thousand dollars ($500,000.00) or more shall be subject to the provisions of this Subchapter.
B. Including but not limited to exterior and interior modifications and additions, all remodeling of existing residential buildings of five (5) or more units, and all remodeling of existing commercial, industrial and public buildings, shall be subject to the provisions of this Subchapter when such remodeling has a valuation of two hundred fifty thousand dollars ($250,000.00) or more, excluding earthquake rehabilitation required by this Code for seismic safety.
C. Covenanted low- and moderate-income and senior citizen housing shall be exempted from the requirements of this Subchapter for as long as it is used for that purpose.
1. The APPP allocation for a development project that includes residential units covenanted for low- or moderate-income households or for senior citizens shall be reduced by the value of the square footage of the covenanted units and associated spaces (such as parking).
2. Prior to the date any restrictions regarding residential units covenanted for low- or moderate-income households or for senior citizens terminate, the then current owner of the development shall pay fees to the Cultural Trust Fund in an amount equal to the exemption calculated in Subsection 15.06.120.C.1.
D. Buildings which are designed and dedicated primarily to nonprofit performing arts spaces or museum uses shall not be required to meet the Art in Public Places Program Allocation requirement for as long as the performing arts or museum uses are maintained within these buildings.
(Ord. No. 2013-003 § 1 (part))
A. The APPP allocation, as used in this Subchapter, is the percentage of the construction costs which is set aside for the City's APPP and shall be an amount equal to one percent (1%) of the total building permit construction valuation for an applicable project, excluding land acquisition costs. The total building permit construction valuation used for determining the APPP allocation shall be based on the latest building construction valuation data used by the Building Safety division staff, based on R.S. Means Square Foot Costs, unless, in the opinion of the Building Official, a different valuation methodology is more appropriate for a particular project.
B. Multiple building permits issued within a three year period for a single project shall be considered in the aggregate in determining the APPP allocation.
C. If the total APPP allocation for a project is less than seventy-five thousand dollars ($75,000), the applicant shall pay their APPP allocation into the Cultural Trust Fund as the only option for complying with the APPP requirement.
D. Payment of any required APPP allocation shall be received prior to issuance of a City building permit.
E. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant shall either:
1. Pay the APPP allocation into the Cultural Trust Fund prior to issuance of a City Building Permit ("in-lieu fee"); or
2. Commission original, site-specific artwork for the applicant's development project, with
a valuation equal to or greater than the APPP allocation, in compliance with the guidelines of this Subchapter; or
3. Donate artwork to the City with an appraised value equal to or greater than the APPP allocation, in compliance with the guidelines of this Subchapter; or
4. Incorporate a Cultural Facility into the applicant's development project, in compliance with the guidelines of this Subchapter; or
5. Have the building or a portion thereof designated “Architecture as Art,” in compliance with the guidelines of this Subchapter.
F. Any applicant whose APPP allocation is less than seventy-five thousand dollars ($75,000) may voluntarily increase their APPP allocation to an amount of seventy-five thousand dollars ($75,000) or greater, and thereby qualify the applicant to fulfill the APPP requirement pursuant to Subsection 15.06.125. E.
G. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant may place an approved artwork, create a Cultural Facility, donate artwork, or designate their building “Architecture as Art” with acquisition and installation costs totaling less than the applicant's APPP allocation; provided that, such costs are at least seventy-five thousand dollars ($75,000) and that the applicant also pay the difference between its APPP allocation and such costs into the Cultural Trust Fund.
H. For the commission of new on-site artwork, applicants are required to use a Request for Proposal (“RFP”) process for selecting an artist when the APPP allocation exceeds one hundred thousand dollars ($100,000). The applicant shall also hire a qualified art consultant to assist with the RFP process, proposal development, and project oversight. The art consultant shall be selected from a pre-quaiified list provided by the City. The CAC Public Art subcommittee and staff shall review the art consultant and RFP information with the applicant prior to releasing the RFP. The RFP will include the following components:
1. Deadline for submission of requested information;
2. Information on development project components, including but not limited to goals for the development project and the artwork, scope of work, physical description of project site and other physical or legal restrictions which may apply;
3. Proposal review/selection schedule;
4. Scope of services;
5. Artwork budget;
6. Development project and artwork timelines; and,
7. Evaluation criteria.
I. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant may opt to fulfill the APPP requirement by incorporating a Cultural Facility within the development project. In order to ensure integrated projects, applicants shall submit plans to the Community Development Director during Preliminary Project Review (PPR) or prior to receiving any discretionary review approvals. The only acceptable Cultural Facilities are: indoor and outdoor performing arts spaces that can accommodate a minimum audience of fifty (50), with a performance area of at least five hundred (500) square feet, or exhibition spaces designed for the visual arts. Cultural Facilities must include all amenities for supporting a performance or art exhibition space, including a sound and lighting system, audience seating, separately designated restrooms, and technical space. Cultural Facilities shall be permanent and must be ADA-compliant. Further, the facility must be made available to the recipients of the Culver City Performing Arts Grant Program and Culver City-based visual and performing arts organizations at rental rates no higher than other local arts venues. Cultural Facilities must be specifically designated as such and cannot be used for any other purpose on an on-going basis. Applicants may receive credit for up to three (3) years of operations, maintenance and programming costs for Cultural Facilities, together with construction costs, toward fulfillment of the minimum APPP allocation for their project. The applicant's proposal for a Cultural Facility shall include a plan that identifies key staff, programming goals and an associated budget for a minimum of three (3) years. The proposal shall be approved by the Cultural Affairs Commission, monitored by designated City staff, and subject to all applicable federal, state and local laws and regulations. Review and approval of Cultural Facilities shall include review by a CAC subcommittee with a recommendation to the full CAC. Cultural Facilities are required to display a permanent plaque as outlined in Subsection 15.06.155.F.3. and are subject to the covenant and maintenance requirements of Section 15.06.150.
(Ord. No. 2013-003 § 1 (part))
A. Total Administrative Fees shall not exceed fifteen percent (15%) of the APPP allocation or one hundred thousand dollars ($100,000), whichever is less.
B. Design fees must be proportionate to the overall scope of the budget.
(Ord. No. 2013-003 § 1 (part))
A. In order to ensure integrated projects, applicants choosing to commission new artwork for their project shall submit plans to the Community Development Director during Preliminary Project Review (PPR) or prior to receiving any discretionary review approvals. At a minimum, the following information shall be included:
1. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;
2. Preliminary plans containing such detailed information as may be required by theCommunity Development Director to adequately evaluate the location of the artwork in relation to the proposed development, including compatibility with the character of adjacent conforming developed parcels and the existing neighborhood. Applicants should be involved in the development of the preliminary plans in order to assist in the proper placement of the artwork in relation to their proposed development environment, and to ensure that the artist that is chosen creates an artwork that fits the needs and requirements of both the applicant's project and the APPP.
B. Upon receipt of discretionary review approvals, applicants shall prepare the following in preparation for Cultural Affairs Commission review:
1. A narrative proposal, with the artwork's budget and timeline. Elevations, site plans, line of sight studies, renderings and other descriptive materials, as deemed necessary by the Community Development Director, shall be included to demonstrate that the artwork will be displayed in an area open and freely accessible to the general public.
2. Information provided by a conservator affiliated with the American Institute for Conservation (“AIC”) about the durability of the proposed materials, recommendations for future maintenance and estimated maintenance costs. In addition, the application shall include information on how the future maintenance costs will be allocated and identify the party responsible for ensuring that maintenance is performed; and,
3. If applicable, an appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs.
C. The Cultural Affairs Commission shall review the completed application together with the recommendation of the Community Development Director and CAC Public Art subcommittee, and approve, approve with conditions, or deny the proposed artwork, and its proposed location, considering the aesthetic quality and harmony with the proposed project, and the public accessibility of the artwork.
D. Submitted artwork applications shall be assessed on:
1. Compliance with the general APPP requirements as outlined in this Subchapter;
2. Artistic quality;
3. Conceptual compatibility of the design with the immediate environment for the site;
4. Appropriateness of the design to the function of the site;
5. Creation of a desirable environment for the general community by the design and location of the artwork;
6. Preservation and integration of natural features with the project;
7. Appropriateness of the materials, textures, colors, and design to the expression of the design concept;
8. Ability to convey the artist's intention and underlying themes;
9. Whether the artwork is representative of a broad variety of tastes within the community and makes a contribution to the provision of a balanced inventory of artworks commissioned through the APPP;
10. Permanence of structural and surface components including, but not limited to, the structural and surface soundness and inherent resistance to theft, vandalism, weathering, and excessive maintenance or repair costs.
E. Disqualifying characteristics for artwork:
1. Directional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original artwork or executed by the artist in unique or limited editions;
2. Artwork that incorporates logos, images, text or other elements that relate directly to a specific business's or organization's branding or marketing themes;
3. Art objects which are mass-produced and of standard design such as playground equipment or fountain pieces;
4. Reproduction of original artworks, except in cases where incorporated into an original artwork;
5. Decorative or functional elements which are designed by the building architect as opposed to a qualified artist;
6. Landscape design except where it is designed by a qualified artist and is an integral part of the artwork;
7. Architectural rehabilitation, historic preservation and structural building modifications;
8. Temporary art exhibitions, unless included with a Cultural Facility as outlined in Subsection 15.06.125.1;
9. Educational activities;
10. Artwork designed by City elected or appointed officials, City staff or members of their immediate family, members of the project architect's firm or immediate family members, individuals directly associated with the development team or immediate family members of the property owner/applicant, or any individuals with whom the property owner and/or applicant may have an interest in common; and,
11. Artwork designed by an artist who has received a prior permanent public art commission through the City's Art in Public Places Program, if the contract for said commission was executed within the last ten (10) years.
F. If the applicant proposes significant revisions to the artwork, a revised application shall be submitted to the Community Development Director for review and recommendation to the Cultural Affairs Commission. The Commission shall make a determination whether to approve, approve with conditions or deny the requested revision(s).
(Ord. No. 2013-003 § 1 (part))
A. All City-initiated projects subject to the requirements of this Subchapter shall follow the same requirements as development projects on private property, with the exception of the requirement to pay an in-lieu fee into the Cultural Trust Fund if the APPP allocation is less than seventy-five thousand dollars ($75,000). The APPP allocation shall be included in the development project budget and appropriated from the development project funding sources. The APPP allocation may be supplemented with money from the Cultural Trust Fund with a recommendation from the Cultural Affairs Commission and City Council approval.
B. Depending on the scope of the development project and/or overall budget, the City may employ a Community Advisory Committee and/or Artist Selection Panel, an RFQ and/or RFP process and/or the services of a qualified art or theater consultant. Both the Community Advisory Committee and Artist Selection Panel shall include a combination of professional artists, arts and design professionals, community representatives or stakeholders and City department representatives.
(Ord. No. 2013-003 § 1 (part))
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