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HomeMy WebLinkAboutORD 473r ORDINANCE NO. 473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AN ART IN PUBLIC PLACES PROGRAM AND RELATED DEVELOPMENT FEE IN THE CITY. WHEREAS, the City of Palm Desert is fast becoming the economic and cultural center of the Coachella Valley; and WHEREAS, the City strives to draw tourists from around the world to visit and enjoy the many attractions it has to offer; and WHEREAS, the City of Palm Desert adopted an "Art in Public Places" program when it formed the Civic Arts Committee in March of 1976 and in so doing spelled out "that the Civic Arts Committee's purpose is to promote culture and to establish a cultural atmosphere in the City of Palm Desert" and further specified one of the main functions of the Committee is to "solicit art objects or financing of art objects for inclusion in future public facilities." WHEREAS, the City's 2,000 Committee, in its final recommendations, recognized a current need for such a program and encouraged the City Council to move forward with the same for the cultural enrichment of its community; and WHEREAS, the Civic Arts Committee, at its meeting of May 19, 1986, enthusiastically endorsed and offered to plan, initiate, and administer an "Art in Public Places Program" on behalf of the City of Palm Desert; NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Palm Desert does hereby determine that it is in the public interest that development in the City should be planned and executed with a view toward enhancing the visual character and beauty of the City. BE IT FURTHER ORDAINED as follows: Section 1. FORMATION There is hereby established an "Art in Public Places Program" and fund, said fund to accumulate interest at the average investment rate earned by all other City investments, to be organized and administered by the Civic Arts Committee which shall create Art in Public Places Guidelines, the same to be submitted 1 and approved by the City Council prior to implementation of said program. Said guidelines shall include, but not be limited to, definitions, procedure and approvals, maintenance, locations of art and ownership. Section 2. FUNDING The City of Palm Desert shall initiate such an Art in Public Places Fund by budgeting an amount of $200,000.00 in fiscal year 1986-87, said monies to be placed in an endowment fund, the interest only of which shall be used for said program, unless otherwise authorized by the City Council. There shall be, and there is hereby, established an Art in Public Places development fee to be collected as follows: 1. For the purpose of this section, total construction cost shall be based on the building permit valuation as established by the Director of Building and Safety. 2. Fees are to be collected at the time of issuance of a building permit. The Director of Building and Safety, or such other person appointed by him, is hereby appointed as the authorized individual to collect said fees. The fees collected by the Director of Building and Safety for "Art in Public Places" development fees shall be transferred to the endowment fund on a monthly basis. 3. All individual residential units whose building permit valuation is in excess of $100,000.00 shall be charged 1/4 of 1% for that portion of valuation in excess of $100,000.00. Individual residential units with a building permit valuation of less than $100,000.00 are exempt from any "Art in Public Places" development fee. An "individual residential" unit is hereby defined as not more than one single family dwelling which is to be constructed on a lot located in an existing subdivision. This definition of "individual dwelling unit" specifically excludes all new residential development of two or more dwelling units in number. All other residential development not specifically exempted in the above section shall be charged 1/4 of 1% of the building permit valuation, said charge shall not exceed $50,000.00 per development. 4. All commercial development within the City, including subdivisions of more than one unit, shall be charged 6 the rate of 1/2 of 1$ of the building permit valuation, said charge not to exceed $50,000.00. 5. The City of Palm Desert and its Redevelopment Agency shall be charged 1$ of the total project cost for all public facilities, excluding all street and drainage projects. 6. Said fees shall be collected commencing on the date this ordinance becomes effective. In the event such a program has not been adopted and implemented by the City within two years of the effective date of this ordinance, the Director of Building and Safety shall reimburse said fees to the person or entity paying the same. Section 3. ART IN LIEU OF FEE The Civic Arts Committee may elect to allow a development the option of its own art in lieu of a fee as long as the art contributed is reasonably commensurate in value to the required fee. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 9th__ day of _ October 01 1986, by the following vote, to wit: AYES: BENSON, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: SHEILA R. LLIGAN Cit Palm Desert, Cali rnia RICHA'Iff S. KELLY, Ma or City of Palm Desert, Cali rnia 3