HomeMy WebLinkAboutResolution No. 09-C0600 9
RESOLUTION NO. 09-C60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ADOPTING THE ART IN PUBLIC PLACES PROGRAM FEE
WHEREAS, Chapter 88.39 of the Azusa Municipal Code created the Azusa Art in
Public Places Program ("Program"), which is intended to maintain the aesthetics of the City by
ensuring that development in the City should be planned and executed with a view toward
enhancing the visual character and beauty of the City; and
WHEREAS, in adopting the Program, the City Council found that cultural and artistic
resources, including artwork, enhance the quality of life for individuals living and working in,
and visiting the City, and that balanced development of cultural and artistic resources preserves
and improves the quality of the urban environment and increases real property values; and
WHEREAS, the City Council also finds that residential and commercial development
throughout the City will benefit from public art, both financially and visually, as all property
within the City will prosper through the enhancement and preservation of property values that
will result from the location of visual art throughout the City; and
WHEREAS, section 88.39.050 of the Azusa Municipal Code permits a developer subject
to the Program to pay an in lieu fee instead of providing artwork in accordance with the
provisions of Chapter 88.39 of the Azusa Municipal Code, and provides that this fee shall be
established by separate resolution of the City Council; and
WHEREAS, the City Council now desires to establish the Art in Public Places Program
Fee as permitted by section 88.39.050 of the Azusa Municipal Code.
NOW THEREFORE, the City Council of the City of Azusa hereby resolves as follows:
Section 1. The foregoing recitals are true and correct and are incorporated into this
resolution.
Section 2. The Azusa City Council finds as follows:
A. There is a reasonable relationship between the acquisition of artwork through the
Program and fees and the projects on which the fees imposed by Chapter 88.39 and this
Resolution, because (1) artwork will enhance the real property values within the City generally,
including the projects to which the Program and fees will apply, and (2) artwork will enhance the
aesthetic values of the City as a whole, make the City an attractive place to live and visit, thereby
making the City more economically vital.
B. There is a reasonable relationship between the need for cultural amenities such as art
and the projects to which the Program and fee will apply, because the development of real
property generally necessitates that additional costs be incurred and amenities be provided to
provide for harmonious and aesthetically pleasing environments created by the development
project.
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C. The amount of the fee is reasonably related to the artwork to be acquired because the
amount of the fee increases as the value of the project to which the Program will apply rises, so
there will be a direct and proportionate relationship between the size of the project and the
quantity or quality of artwork which can be purchased from the fees generated by the project to
which the Program will apply.
Section 3. Pursuant to sections 88.39.040 and 88.39.050 of the Azusa Municipal Code,
commercial and industrial development or residential projects of eight (8) dwelling units or
more, with a total building project valuation of seven hundred fifty thousand dollars ($750,000)
or more, are required to select, purchase and install permanent outdoor art at the development
site, accessible and visible to the general public from public streets. The required minimum art
allocation shall be one percent (I%) of the total building construction valuation (excluding tenant
improvements), which is determined using the International Conference of Building Officials
(ICBM) tables in effect at the time building permits are issued. The maximum Art Allocation per
project will be set at $50,000. All attached and detached additions to an existing commercial or
industrial building, with a valuation (for the addition) of seven hundred fifty thousand dollars
($750,000) or more shall also comply with the Program.
Section 4. In lieu of providing artwork in accordance with the provisions of chapter 88.39
of the Azusa Municipal Code, an applicant may pay to the City a fee of one percent (1%) of the
total building construction valuation (excluding tenant improvements), which is determined
using the International Conference of Building Officials (ICBM) tables in effect at the time
building permits are issued. The maximum fee per project is set at $50,000.
Section 5. This Resolution shall be effective as of the effective date of Ordinance No.
09-04 amending chapter 2, article V, division 3, and adding chapter 88.39 of the Azusa
Municipal Code. In the event Ordinance No. 09-04 is not adopted by the City Council, this
Resolution shall have no force or effect.
PASSED AND ADOPTED this 2e day of July, 2009.
o%ph R. Rocha Mayor
I HEREBY CERTIFY that the foregoing resolution No. 09-C60 was duly adopted by the
City Council of the City of Azusa at a regular meeting held on the 20th day of July, 2009.
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS
NOES: COUNCIL MEMBERS: ROCHA
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Vera Mendoza, City Clerk