HomeMy WebLinkAboutORD 732ORDINANCE NO. 732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTION
4.10.060 OF THE MUNICIPAL CODE, REGARDING ART
IN PUBLIC PLACES PROGRAM ALLOCATIONS, AND
SECTION 4.10.040 OF THE MUNICIPAL CODE,
REGARDING PROGRAM APPLICABILITY.
WHEREAS, the City has an Art in Public Places Program codified
as Chapter 4.10 of the Palm Desert Municipal Code;
WHEREAS, the Program requires some developments within the
City to provide on -site art or, in lieu of such art, a fee in an
amount specified by Section 4.10.060 of the Municipal Code; and
WHEREAS, Section 4.10.060 currently places a $50,000.00 cap on
the program allocation (or in -lieu fee) for residential and
commercial developments; and
WHEREAS, removing the cap will ensure that future program
allocations (and in -lieu fees) for residential and commercial
developments remain proportional to the impact of such developments
on the community, as measured by total building valuation;
WHEREAS, the Art in Public Places Program currently applies to
public facilities built by the City and its redevelopment agency,
but not to public facilities built by other government entities
within the City's jurisdiction; and
WHEREAS, the Council finds it is appropriate for the Art in
Public Places Program to apply equally to all public facilities
constructed within the City's jurisdiction, whether built by the
City, its redevelopment agency, or some other government entity.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES ORDAIN as follows:
Section 1. That subdivision (C) of Section 4.10.040 of the
Palm Desert Municipal Code is amended to read as follows:
"C. All public facilities (that is, projects
designed for use by the general public)
constructed by the City and its redevelopment
agency or by any other government entity
within the City's jurisdiction shall be
subject to the provisions of this chapter,
except for street and drainage projects."
Section 2. That subdivision (A) of Section 4.10.060 of the
Palm Desert Municipal Code is amended to read as follows: .
"A. The program allocation, as used in this
Chapter, is the percentage of the building
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cost that is set aside for the City I s Art in
Public Places Program and shall be as follows:
for individual residential units, an amount
equal to one -quarter of one percent for that
portion of the total building valuation in
excess of one hundred thousand dollars; for
all other residential development, including
two or more single-family dwellings being
built concurrently in the same tract by the
same owner or contractor, an amount equal to
one -quarter of one percent of the total
building valuation; for commercial
development, an amount equal to one-half of
one percent of the total valuation excluding
land acquisition and off -site improvement
costs; for public facilities, an amount equal
to one percent of the total building
valuation. The total building valuation shall
be computed using the latest building
valuation data as set forth by the
International Conference of Building Officials
(ICBO) unless, in the opinion of the building
official, a different valuation measure should
be used."
Section 3. That City Clerk shall certify the passage on
adoption of this ordinance and shall cause the same to be published
once in the Palm Desert Post, a newspaper of general circulation,
printed, published, and circulated in the City of Palm Desert, and
the same shall be in force and effect thirty (30) days after its
adoption.
PASSED, APPROVED and ADOPTED this 9th day of December, 1993,
by the City Council of the City of Palm Desert, California, by the
following vote, to wit:
AYES: Benson, Crites, Kelly, Snyder, Wilson
NOES: None
ABSENT: None
ABSTAIN: None
, �Y'WILSON, Mayor
it of Palm Desert, C424fornia
3T :
SHEILA,". ILLIGAN/ City Clerk
City of Palm Desert, California
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