2022-04 RESOLUTION NO. 2022-04
A RESOLUTION OF THE PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND
TERRACE CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 22-04
IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(b)(3) AND
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE
BY AMENDING CHAPTER 18.06 (DEFINITIONS) AND ADDING
CHAPTER 18.81 ESTABLISHING ART IN PUBLIC PLACES
REQUIREMENTS
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code, the City may adopt ordinances to regulate the use of buildings in compliance with
the California Government Code; and
WHEREAS, the proposed amendment to the Municipal Code is consistent with
the goals and policies of the City of Grand Terrace General Plan; and
WHEREAS, this Ordinances proposes to amend the Municipal Code, Title 18
(Zoning), Chapter 18.06 (Definitions) to include "Art in Public Places"-related definitions
and add a Chapter 18.81 establishing Art in Public Places requirements as provided in
Zone Code Amendment 22-04, which is attached hereto and incorporated herein by this
reference as Exhibit A; and
WHEREAS, in order to ensure that public art is present throughout the
community it is necessary to require that all new development in the City of Grand
Terrace include an element of public art; or where appropriate, contribute to a City fund
for public art, in an amount to be determined by the City Council, in lieu of providing said
art; and
WHEREAS, pursuant to Chapter 18.90 (Amendments) of the City of Grand
Terrace Municipal Code, the Planning Commission shall hold a public hearing on any
proposed amendment to the Zoning Code; and
WHEREAS, Zoning Code Amendment 22-04 is exempt from. California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which states the
activity is covered by the general rule that CEQA applies only to projects [that] have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. Amending the Grand
Terrace Code to include a public art component would not result in any significant
environmental impacts due to the narrow scope of the project; and
PC Reso No. 2022-04 Page 1 of 3 June 16, 2022
WHEREAS, on June 16, 2022, the Grand Terrace Planning Commission/Site
and Architectural Review Board ("Planning Commission") conducted duly noticed public
hearings at a regular meeting of the Planning Commission on Zoning Code Amendment
22-04 at the Grand Terrace City Hall Council Chambers located at 22795 Barton Road
and concluded the hearing by adopting a Resolution recommending City Council
approval of an Ordinance establishing Art in Public Places requirement; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission Site and
Architectural Review Board of the City of Grand Terrace:
1. The recitals set forth above are incorporated herein by this reference.
2. Based upon the forgoing and all testimony made by members of the public and
City staff (including, but not limited to, all staff report and attachments) at the
public hearing, the Planning Commission Site and Architectural Review hereby
finds that the Zoning Code Amendment 22-04 satisfies the requirements of
CEQA because:
a. The proposed Zoning Code Amendment 22-04 is covered by the general
rule that the California Environmental Quality Act (CEQA) applies only to
projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. The proposed
amendments will not create any significant effects on the environment;
therefore, the Planning Commission hereby determines that the proposed
amendments are exempt from CEQA pursuant of section 15061(b)(3).
3. Based upon the forgoing and all testimony made by members of the public and
City staff (including, but not limited to, all staff report and attachments) at the
public hearing, the Planning Commission Site and Architectural Review finds as
follows with respect to Zoning Code Amendment 22-04:
1. Zoning Code Amendment 22-04 will not be detrimental to the health, safety,
morals, comfort, or general welfare of the persons residing or working within
the City because these amendments establish "Art in Public Places"
requirements that will support a diverse and culturally rich environment,
educates the public, and becomes an economic asset. In addition, "Art in
Public Places" enhances the visual character of the community, improves
the quality of live, and promotes healthy living by drawing residents, visitors,
and workers to the outdoor space.
2. Zoning Code Amendment 22-04 is consistent with the General Plan and the
Municipal Code because these amendments establish "Art in Public Places"
PC Reso No. 2022-04 Page 2 of 3 June 16, 2022
requirements that supports the goals and policies of the General Plan
programs and policies that will preserve and enhance the quality and
character of the city, encourage freeway oriented commercial uses, provide
open space identity enhancements, and serve the social and cultural needs
of the community.
3. Zoning Code Amendment 22-04 will not be injurious to property or
improvements in the neighborhood or within the city. The establishment of a
"Art in Public Places" requirements will revitalize the city's image and
enhance the visual character of the community as well as curb the negative
impacts of developments in general.
3. These amendments shall become effective thirty (30) days from and after its
adoption by the City Council.
4. Based upon the forgoing and all testimony made by members of the public and
City staff (including, but not limited to, all staff report and attachments) at the
public hearing, this Planning Commission hereby recommends that the City
Council determine that Zoning Code Amendment 22-04 is exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and adopt
Zoning Code Amendment 22-04 revising sections of the Title 18 (Zoning)
amending Chapter 18.06 (Definitions) and adding Chapter 18.81 establishing Art
in Public Places requirements, as provided in Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City of Grand
Terrace, California, at a public hearing held on the 16th day of June 2022.
ATTEST:
Deb a Thomas .Edward A. Giroux
City Clerk Chairman
PC Reso No. 2022-04 Page 3 of 3 June 16, 2022
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Resolution, being PC Resolution No. 2022-04
was duly passed, approved and adopted by the Planning Commission/Site and
Architectural Review Board, approved and signed by the Chair, and attested by the City
Clerk, at the regular meeting of said Planning Commission/Site and Architectural
Review Board held on the 16th day of June 2022 and that the same was passed and
adopted by the following vote:
AYES: Commissioners Alaniz, Cesena; Chairman Giroux
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this 17th day of June 2022, at Grand Terrace, California.
Debra L. Thomas -" -
City Clerk
EXHIBIT A
TITLE 18- ZONING
ZONING CODE AMENDMENT 22-020
Chapter 18.06 (Definition) of Title 18 (Zoning) of the Grand Terrace Municipal
Code is amended by adding the following Sections:
18.06.067 —Art in Public Places
"Art in Public Places" means any work of art which is designed for and sited in a space
accessible to the public, from a public square to a wall inside a building open to the
public. Art in Public Places requirements are provided in Chapter 18.81.
Chapter 18.81 (Art in Public Places) is hereby added to Title 18 (Zoning) of the
Grand Terrace Municipal Code as follows:
CHAPTER 18.81 -ART IN PUBLIC PLACES
Sections:
18.81.010 Purpose
18.81.020 Definitions
18.81.030 Applicability
18.81.040 Exceptions
18.81.050 Final City Approval
18.81.060 Art in Public Places Program Requirements
18.81.070 Ownership and Maintenance of Art
18.81.080 Procedures for Art Installed in Private Property; Review Process
and Standards
18.81.090 Procedures for Art Donated to the City
18.81.100 Application Submittal Requirements
18.81.110 Removal of Public Art
18.81.120 Annual Report
18.81.130 Authority for Additional Mitigation
18.81.140 Waiver
Section 18.81.010 Purpose
A. The purpose of this chapter is to expand the opportunities for citizens of
the City of Grand Terrace to experience public art resulting from the
creative expression of its visual artists in Public Places throughout the
City. A standard is hereby established to direct the inclusion of works of
art in new Development Projects and establishing a fund used solely for
the creation, purchase, installation, security, and maintenance of art in
public spaces throughout the City.
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B. The City Council finds and declares as follows:
1. Cultural and artistic resources enhance the quality of life for
individuals living in, working in, and visiting the City.
2. Balanced development of cultural and artistic resources preserves
and improves the quality of the urban environment and increases
real property values.
3. Development of cultural and artistic assets should be finance by
those whose development and revitalization diminish the availability
of the community's resources for those opportunities and contribute
to community urbanization.
4. Establishment of this Art in Public Places Program will promote the
general welfare through balancing the community's physical growth
and revitalization and is cultural and artistic resources.
Section 18.81.020 Definitions
A. "Artist" means a practitioner in the Arts, generally recognized by critics and
peers as one who produces works of art through a record of exhibitions,
public commissions, sale of works, or educational attainment.
B. "Art" means all forms of original creations of visual arts, including but not
limited to:
1. sculpture in any material or combination of materials
2. painting — all media including portable and permanently affixed
works, such as murals and frescoes
3. graphic arts — print making and drawing
4. mosaics
5. photography
6. crafts in clay, fiber and textiles, wood, metal, plastics, and other
materials
7. calligraphy
8. stained glass
9. mixed media — any combination of forms or media, including
collage
01247.0005n96054.5 2
10.lighting elements not integral to the illumination of the art
11.dedication ceremonies
12.water generated art
C. "Art in Public Places" means any work of art which is designed for and
sited in a space accessible to the public, from a public square to a wall
inside a building open to the public.
D. "Building Valuation" means the construction cost for labor and materials
computed using the latest building valuation data as set forth by the
International Conference of Building Officials (ICBO), excluding land
acquisition and off-site improvement costs.
E. "City" means the City of Grand Terrace.
F. "City Manager" means the City Manager of the City and his or her
designee.
G. "Developer" means the applicant, developer, or owner (as applicable) of a
Development Project.
H. "Development Project" means a proposal for the development of improved
or unimproved real property, including but not limited to: offices, hotels,
motels, restaurants.
I. "Director" means the City's Planning_ and Development Services Director
and his or her designee.
J. "Public Art Fund" means a separate fund established to receive monies
from any source by the Public Art Fund.
K. "Public Place" means any area or property (public or private) which is
accessible or visible to the general public a minimum of eight (8) hours
during a business day.
L. "Planning Commission" means the Planning Commission of the City of
Grand Terrace.
Section 18.81.030 Applicability
A. Except as provided in Section 18.81.040, this chapter shall apply to all
works of construction and rehabilitation within the City for which a building
permit is required, including, but no limited to, the following:
1. New commercial and industrial construction.
01247.0005n96054.5 3
2. Remodeling or reconstruction of existing commercial or industrial
property.
3. Residential subdivisions or development of two or more units,
whether by detached single-family residential structures,
condominiums, apartments, duplexes, townhouses, or other
dwelling units being built in the same tract by the same Developer.
B. The creator of the work of Art shall be an Artist through a record of
exhibitions, public commissions, sale of works, or educational attainment.
Section 18.81.040 Exceptions.
A. This chapter shall not apply to the following construction and rehabilitation
activities:
1. Public projects undertaken by any agency of the City, the state,
county, school district, or any other governmental entity.
2. Remodeling, repair or reconstruction of structures to comply with
earthquake seismic safety code standards or which have been
damaged by fire, flood, wind, earthquake, or other calamity.
3. Remodeling, repair, or reconstruction of residential units.
4. Nonprofit, social service, or cultural institution projects.
5. Low to moderate housing projects as defined by the household
Health and Safety Code Section 50093.
6. Affordable housing development receiving City, state, or federal
assistance.
7. Private educational institutions which provide general education
equivalent to the public school system (kindergarten through high
school or any part thereof).
8. Housing development projects to the extent that such housing
development projects comply with applicable, objective general
plan, zoning, and subdivision standards and criteria, including
design review standards, in effect at the time that the application
thereof was deemed complete. Further, this chapter shall not apply
to housing development projects to the extent that applicable law,
including but not limited to, Government Code Section 65589.5,
prohibits the application of this chapter upon housing development
projects. For the purposes of this Section 18.81.050(A)(8), the term
"housing development project" shall have the same meaning as
01247.0005/796054.5 4
provided in Government Code Section 65589.5.
9. Such other circumstances where applicable law prohibits the
application of this chapter.
Section 18.81.050 Final City Approval
A. No final City approval, such as a final inspection or a certificate of
occupancy, for any Development Project subject to this chapter shall be
granted or issued unless and until full compliance with the Art in Public
Places is achieved in one of the following ways:
1. The Developer shall provide the City with proof of installation of the
required the work of Art in a manner satisfactory to the City
pursuant to Section 18.81.060.
2. In-lieu fees have been paid as calculated pursuant to Section
18.81.060.
3. Financial security in an amount equal to the acquisition and
installation cost of an approved works of Art as calculated pursuant
to Section 18.81.060 and in a form approved by the city attorney
have been posted.
4. An approved work of Art has been donated and accepted by the
City pursuant to Section 18.81.100.
Section 18.81.060 Art in Public Places Program Requirements
A. Public Art Requirement. The Developer shall acquire and install Art on or
in the vicinity of the Development Project, which shall be in a Public Place,
in accordance with provisions of this chapter. The value of the Art shall be
at least as follows:
1. The cost of Art for all new Development Projects (except single
family residential) shall be equal to at least one percent (1%) of the
estimated total Building Valuation.
2. The cost of the work of Art for Development Projects that are single
family residential development must be equal to at least Y2% of the
estimated total Building Valuation.
B. Monetary Contribution In Lieu of Public Art. In lieu of acquiring and
installing Art on or in the vicinity of the development site in a Public Place
pursuant to subsection A of this section, the Developer may elect to make
01247.0005/796054.5 5
a monetary contribution to the Public Art Fund as follows:
1. In the amount of at least one percent (1%) fee of the total estimated
construction cost for all new development except single family
residential.
2. In the amount of at least one half percent (Y2%) fee of the total
estimated construction cost for new single family residential
development.
C. If the Developer chooses to pay the in lieu fee, payment in full shall be
required at the same time as when all other fees are due on any
development processed through the City or upon completion of the
project, whichever occurs first.
D. Nothing in this section shall prohibit the Developer from placing an
approved work of Art with a value, including acquisition and installation,
costs, totaling an amount less than the Art in Public Places Program
allocation provided for in this section, provided that, in that event, the
Developer shall also pay into the Public Art Fund an amount equal to the
difference between the Art in Public Places Program allocation and the
value, including costs of acquisition and installation, of the work of Art
placed. This subsection D shall not apply to Industrial Development
Projects.
Section 18.81.070 Public Art Fund
A. Public Art Fund Created.
1. The City Manager is hereby directed to create a special interest-
bearing fund entitled Public Art Fund, or other appropriate
accounting mechanism.
2. The City Manager shall administer the Public Art Fund.
B. Placement and Use of Funds in Public Art Fund.
1. All amounts collected from the in lieu fee collected pursuant to
Section 18.81.060(B) shall be placed in said Public Art Fund and
expended by the City Manager solely for the costs associated with
projects that result in the creation, purchase, installation, security,
or maintenance of Art in public spaces.
2. Furnishings or fixtures affixed to the building or its grounds,
including architectural features of the building or landscaping that
have been uniquely enhanced to be visually appealing, may qualify
as Art. Works of Art may be temporary as well as permanent.
01247.0005/796054.5 6
3. When selecting the location for Art purchased though the Public Art
Fund, preference shall be given to publicly accessible Public
Places. This would include libraries, parks, office buildings,
sidewalks, traffic islands, lobbies, plazas, adjacent open spaces or
exterior treatment of publicly owned buildings shall be potential
sites, but the offices themselves of publicly owned buildings shall
not be considered acceptable sites.
4. Location and Art purchased through the Public Art Fund shall be
reviewed by the Planning Commission with recommendation to the
City Council for final approval.
5. Recommendations for installations may be requested from the
Parks and Recreation Committee, the Art Committee, the Planning
Commission, the City Council, or other City committee.
Section 18.81.080 Ownership and Maintenance of Art
A. All works of Art installed pursuant to this chapter on private property shall
remain the property of the owner of a site for which the final building
permit or certificate of occupancy related to the Development Project was
obtained and the owner's successors and assigns, which property owner
must provide all maintenance necessary to preserve and maintain the
works of Art in good condition and in the manner approved by the City.
1. Title to all works of Art required by and installed pursuant to this
section on private property shall be vested in the owner thereof and
pass to the successive owners of the Development Project.
2. Prior to placement of the work of Art, the owner of the subject
private property shall execute and record a covenant, agreement,
or other instrument, in the form approved by the City Attorney,
setting forth a description of the work of Art and acknowledging the
obligation of the owner of the subject site to repair and maintain the
work of Art. This document shall run with the land and provide
notice to future property owners of the obligation to repair and
maintain the work of Art and of certain limitations related .to any
federal, state, or local requirements governing the rights of the
Artist, including but not limited to right regarding the alteration,
modification or relocation of subject work of Art.
3. Each successive owner shall be responsible for the custody,
protection, repairing, restoring, maintenance, or reacting the work
of Art in the event of physical defacement, mutilation, alteration or
destruction, and securing and maintaining insurance coverage in an
amount to be approved by the City for: fire, flood, wind, earthquake
01247.0005/796054.5 7
and natural disaster, vandalism and extended liability.
4. Any time the City determines that the work of Art has not been
maintained in substantial conformity with the manner in which it
was originally approved, the City may require the current property
owner to maintain, repair, restore, or replace the work of Art.
5. Failure to maintain the work of Art as provided in this chapter is
declared to be a public nuisance and may be abated as such
pursuant to applicable provisions of City of Grand Terrace
Municipal Code.
B. Art donated to and accepted by the City or installed on public property and
accepted by the City is owned by the City and maintenance, removal or
protection thereof is the responsibility of the City.
Section 18.81.090 Procedures for Art installed on Private Property; Review
Process and Standards
An application for placement of Art on private property shall be submitted to the Director
and shall include the following information, at minimum:
A. The Developer shall submit a narrative proposal and artistic rendering of
the proposed work of Art in satisfaction of the requirements imposed by
this section, including any additional information, plans or maps prescribed
by the Director at the-time of submission of their development application,
or indicate an intention to pay the in lieu fees. The application shall also
comply with the requirements of Section 18.81.110.
B. The proposal for the work of Art shall be considered as an element of the
Site and Architectural design review process, pursuant to the Chapter
18.63.
C. The approval of all works of Art to be created, purchased, installed,
secured and maintained under this section shall require a review and
approval of the City of Grand Terrace Planning Commission.
D. The decision of the Planning Commission shall be final unless appealed to
the City Council, pursuant to Chapter 18.63.
E. Review of all proposed works of Art shall be considered based on the
following criteria:
1. Conceptual compatibility of the design with the immediate
environment of the site.
01247.0005/796054.5 8
2. Appropriateness of the design to the function of the site.
3. Compatibility of the design and location within a unified design
character or historical character of the site.
4. Creation of an internal sense of order and a desirable environment
for the general community by the design and location of the work of
Art.
5. Preservation and integration of natural features with the project.
6. Consideration should be given to structural and surface integrity,
permanence, and protection against theft, vandalism, weathering,
excessive maintenance, and repair cost.
7. Representation of a broad variety of tastes within the community
and the provision of a balanced inventory of Art in Public Places to
ensure a variety of style, design and media throughout the
community that will be representative of the eclectic tastes of the
community.
8. Works of Arts and Art places should be appropriate in scale, form,
and content for the immediate, general, social, and physical
environments with which they relate.
Section 18.81.100 Procedures for Art Donated to City.
A. Art Donated as Part of a Development Project.
1. In the event a Developer elects to donate the work of Art to the City
pursuant to this chapter as part of a Development Project, an
application for acceptance of works of Art to be donated to the City
(including for such works of Art to be placed on public property, as
applicable) shall be submitted to the Director and comply with the
requirements of Section 18.81.110. This application shall be
submitted at the same time as the Developer's application for the
Development Project.
2. The application shall also include a written agreement, in form
approved by the City Attorney, executed by or on behalf of the
Artist who created the Art, which expressly waives his/her rights
under the California Art Preservation Act or other applicable law.
3. The proposal for the work of Art shall be considered as an element
of the Site and Architectural design review process, pursuant to
Chapter 18.63.
01247.0005n96054.5 9
4. The Director shall review the application submitted pursuant to this
section and provide a recommendation to the Planning
Commission. The Planning Commission shall consider and may
either accept (or conditionally accept) or deny the proposed work of
Art. Review of all proposed works of Art shall be considered based
on the criteria provided in Section 18.81.090(E). The decision of the
Planning Commission shall be final unless appealed to the City
Council, pursuant to Chapter 18.63.
Section 18.81.110 Application Submittal Requirements
A. Any works of Art being donated or placed on public or private property
pursuant to this Chapter shall be one-of-a-kind piece. The application shall
include:
1. Preliminary sketches, photographs, or other documentation of
sufficient descriptive clarity to indicate the nature of the proposed
works of Art.
2. An appraisal or other evidence of the value of the proposed works
of Art, including acquisition, and installation cost.
3. Preliminary plans shall contain detail information of the works of
Art, location, and compatibility with the proposed development. The
works of Art shall be an integral part of the landscaping and/or
architecture of the building, including compatibility with the
character of adjacent conforming development parcels and existing
neighborhoods if necessary to evaluate the proposal.
4. A narrative statement to demonstrate that the works of Art will be
displayed in an area open and freely available to the general public,
or otherwise provide public accessibility in an equivalent manner
based on the characteristics of the works of Art or its placement on
the site.
5. Other information as may be required by the Director to adequately
evaluate the proposed donation of public Art.
B. If the work of Art is to be donated to the City, an appraisal or other
evidence of the value of the proposed work of Art, including acquisition
and installation costs.
Section 18.81.120 Removal of Public Art
A. If, for any reason, the current owner or successor in interest shall choose
to replace any work of Art installed pursuant to this section, the following
01247.0005n96054.5 10
requirements shall be met before the Art is replaced:
1. The replacement of the work of Art must go through the site review
process established above, unless the replacement will be identical
to the existing works of Art and in the same location.
2. The cost of the replacement shall be equal to, or greater than, the
initial cost of the existing work of Art to be removed adjusted for
time.
3. The location of the replacement work of Art shall be located in a
Public Place and meet the requirement for public visibility in effect
at the time of the replacement.
4. The replacement of the work of Art shall conform, in every respect,
to all standards in effect at the time of the replacement.
5. The replacement work of Art, location and installation shall violate
no other ordinance.
6. The replacement work of Art shall be installed within 180 days of
the removal of the existing work of Art piece unless the period is
extended by the Director.
7. The owner may choose to pay an in lieu fee equivalent to the cost
of the replacement of the existing work of Art as calculated in
Section 18.81.060.
Section 18.81.130 Annual Report
The City Manager shall annually prepare and present a report to the City Council
indicating the amount of revenues accumulated in the Art in Public Places Fund and the
expenditures made by the City in the preceding fiscal year.
Section 18.81.140 Authority for Additional Mitigation
Fees collected pursuant to this section do not replace existing development fees or
other charges or limit requirements or conditions to provide additional mitigation of
impacts imposed upon Development Projects as part of the normal development review
process.
Section 18.81.160 Waiver
The City Manager may request that the City Council exclude certain capital
improvement projects from the provisions of this ordinance by the passage of a
resolution authorizing such a waiver.
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