The purpose of the city of Sierra Madre art in public places program is to promote the general welfare by encouraging pride in the community, increasing property values, enhancing the quality of life, uniting the community around shared cultural experiences, and creating a cultural legacy for future generations. The program will achieve this purpose through the collection and exhibition of high quality, stylistically diverse art pieces, the chronicling of local history through the collection of artifacts, documents, and memorabilia, and the creation of programs and activities offering artistic opportunities. The program will implement the cultural and recreational elements of the city of Sierra Madre's general plan. Such a plan calls for provisions for the arts and other cultural resources in new commercial development within the city. The art in public places program will further that program goal by establishing a requirement that the design of certain projects incorporate a public art component.
For the purpose of the Art in Public Place Program, the following apply:
"Development project" means any development (including parking structures, mixed use, or commercial or industrial buildings), including remodeling, which requires a building permit or permits as described on the site plan submitted for approval to the city.
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All new development projects, including parking structures, residential developments of four units or more, and commercial and industrial development projects with a building valuation or valuations exceeding two hundred fifty thousand dollars in the aggregate, shall be subject to the provisions of this chapter.
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Including, but not limited to, exterior and interior modifications and additions, all development projects consisting of the remodeling of existing nonresidential buildings, including parking structures, mixed use, or commercial or industrial buildings, shall be subject to the provisions of this chapter when such remodeling has a project valuation or valuations exceeding two hundred fifty thousand dollars in the aggregate, excluding earthquake rehabilitation required by this code for seismic safety. Individual tenant improvements in a commercial or industrial building shall be included.
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This two hundred fifty thousand dollar valuation threshold amount referred to in this section shall be adjusted for inflation in May of every even-numbered year based on the change in the Consumer Price Index For All Urban Consumers in the Los Angeles Riverside Anaheim standard metropolitan statistical area or any successor to that index. The city manager shall calculate the adjusted amount and give notice of the increased amount in the manner required by law for notice of ordinances of the city.
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As determined by the city council, the development, remodeling or reconstruction of buildings may be exempt from the fee for the art in public places program if:
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The building is intended primarily to house one or more social service providers or government agencies; or
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The project consists of the reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity.
"Art work" means durable creations that may be original or limited editions of art and that may include, but not be limited to, sculptures, murals, monuments, frescoes, fountains, paintings, stained glass, or ceramics and may include architecture pursuant to Section 17.90.150 of this chapter. Media may include, but not be limited to, steel, bronze, wood, stone and concrete. For purposes of the art in public places program, "art work" does not include the following:
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Directional elements, such as signage or graphics;
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Objects that are mass produced in a standard design; or
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Landscape gardening, unless substantially comprising durable elements defined as "art work" under this section.
"Durable" means lasting, enduring and highly resistant to deterioration due to weather or the passage of time.
"Project valuation" means the total value of the improvements approved for a development project, as indicated on the building permit application or applications submitted to the city in order to obtain a building permit or permits for the development project.
"Public place" means any exterior area on public or private property within the city of Sierra Madre which is easily accessible or clearly visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk.
Prior to issuance of a final building permit or certificate of occupancy, the applicant or developer for projects identified in Section 17.90.040 of the Sierra Madre Municipal Code shall be required to either:
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Pay one percent of total project valuation of the development project for nonresidential projects, excluding land acquisition and off-site improvement costs, not to exceed four hundred fifty thousand dollars, for an art fee;
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Donate art work, as defined in Section 17.90.020(A), which shall have been approved by the city council pursuant to Sections 17.90.100 et seq., and which shall have a minimum value of one percent of the value of the proposed project development, not to exceed four hundred fifty thousand dollars, in lieu of the fee;
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Place art work, as defined in Section 17.90.020(A), which shall have been approved by the city council pursuant to Sections 17.90.100 et seq., and which shall have a minimum value of one percent of the value of the proposed project development, on the property on which the development project is located, not to exceed four hundred fifty thousand dollars, in lieu of the fee;
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Pay one-half of one percent of total project valuation of the development project for residential single-family projects of four or more units, including remodels and additions, not to exceed four hundred fifty thousand dollars, for an art fee; or
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Comply with a combination of the above subject to the approval of the city council.
Sierra Madre Municipal Code Chapter 17.90 - Art in Public Places Program