11-19-2020-SP ti
CITY OF GRAND TERRACE
PARKS & RECREATION ADVISORY COMMITTEE
SPECIAL MEETING
November 19, 2020 - 4:15 p.m.
City Hall Community Room — North
22795 Barton Road, Grand Terrace, CA 92313
AGENDA
CALL MEETING TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
1. Approve October 8, 2020 Regular Meeting Minutes
2. Public Comments
3. Discussion: Parks & Recreation Projects
a. Art in Public Places
b. Community Garden
c. Blue Mountain Trail
d. Gateway Specific Plan — Baseball and Community Park
4. Committee Member Comments
5. Staff Comments
6. Adjournment
Next Meeting Date:
December 10, 2020 @ 4:15 p.m.
LEGEND
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EXHIBIT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, ADOPTING ZONING CODE
AMENDMENT 15-03 AMENDING TITLE 18 OF THE MUNICIPAL CODE
BY ADDING CHAPTER 18.74 (ART IN PUBLIC PLACES)
ESTABLISHING A PUBLIC ART REQUIREMENT OR IN LIEU FEE
EQUIVALENT FOR ALL NEW NON-RESIDENTIAL DEVELOPMENT
PROJECTS
WHEREAS, the City Council has determined that public art is a critical element
of providing a diverse and culturally rich environment to residents and visitors to Grand
Terrace that promotes the general public welfare; and
WHEREAS, a well-conceived work of art can increase the value of a
development project, help to lease space more quickly, enhance the corporate image of
the community, promote cultural tourism and provide a visible and lasting contribution to
the community in return for the ability to build; and
WHEREAS, in order to ensure that public art is present throughout the
community it is necessary to require that all new non-residential 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, the Planning Commission takes legislative notice of court cases
holding that regulations imposing aesthetic requirements through zoning enactments
are valid exercises of the police power and do not constitute impermissible takings
merely because they may restrict uses or impose costs in conjunction with the
development of property (see e.g., Ehrlich v. City of Culver City (1996) 12 Cal. 41� 854,
885-886; Metromedia Inc. v. San Diego (1980) 453 U.S. 490, 508 fn. 13; Penn Central
Transp. Co. v. New York City (1978) 438 U.S. 104, 124; Agins v. Tiburon, (1980) 447
U.S. 255); and
WHEREAS, the requirement that applicants for development projects provide
either public art or an in lieu equivalent is a legitimate and valid land use regulation that
has been compared by the California courts as akin to traditional land use regulations
imposing minimal setbacks, parking and lighting conditions, landscaping requirements
and other design conditions; and
WHEREAS, the City Council hereby finds that the public art contribution is thus
neither a "development fee" subject to the requirements of the California Mitigation Fee
Act, California Government Code 66000 et seq, nor a development exaction subject to
the heightened scrutiny of relevant rules set forth in Nollan v. California Coastal
Commission 483 U.S. 825 (1987) and Dolan v City of Tigard 512 U.S. 374 (1994), but
rather, that the public art contribution is a zoning requirement that furthers aesthetic
objectives under the authority of the City's general police power; 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, at their November 19, 2015 meeting, the Grand Terrace Planning
Commission conducted a duly noticed public hearing on the ordinance at 22795 Barton
Road, Grand Terrace, California 92313; reviewed the draft version of the Art in Public
Places ordinance and forwarded a recommendation to the Grand Terrace City Council
to adopt the proposed ordinance with their modifications included.
WHEREAS, on December 8, 2015, the City Council conducted a duly noticed
public hearing on the ordinance at the Grand Terrace Council Chambers located at
22795 Barton Road, Grand Terrace, California 92313 and conducted second reading on
January 12, 2016; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows
Section 1. Chapter 18.74 (Art in Public Places) is added to Title 18 of the
Municipal Code as follows:
"CHAPTER 18.74
ART IN PUBLIC PLACES
Sections:
18.74.010 Purpose
18.74.020 Definitions
18.74.030 Applicability
18.74.040 Public Art Contribution Requirements
18.74.050 Execution of Installation / Time of Payment
18.74.060 Public Art Fund
18.74.070 Use of Funds
18.74.080 Ownership & Maintenance of Art
18.74.090 Review Process / Standards
18.74.100 Removal of Public Art
18.74.110 Annual Report
18.74.120 Authority for Additional Mitigation
18.74.130 Waiver
Section 18.74.010 Purpose
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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 non-residential development projects and
establishing a fund used solely for the creation, purchase, installation, security and
maintenance of art in public spaces throughout the City.
Section 18.74.020 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.
C."City" means the City of Grand Terrace.
D."Development Project' means a proposal for the development of improved or
unimproved real property, including but not limited to: offices, hotels, motels,
restaurants, but excluding all residential developments and "live-work" units.
E. "Public Art Fund" means a separate fund established to receive monies from
any source by the Public Art Fund.
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F. "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.
G. "Planning Commission" means the Planning Commission of the City of Grand
Terrace.
Section 18.74.030 Applicability
This chapter shall apply to the total estimated construction costs (labor and
materials) of all new non-residential development projects.
Section 18.74.040 Public Art Contribution Requirements
A. All new non-residential development projects subject to the requirements
of this section shall install public art on the project site in a public place as
approved by the City Council.
B. The cost of the public art must be equal to at least one percent (1%) of the
estimated total construction cost.
C. The creator of public art shall be an artist, defined as a person who has a
reputation among peers as a person of artistic excellence, through a
record of exhibitions, public commissions, sale of works, or educational
attainment.
D. The developer has the option to opt out of this requirement and instead
pay the equivalent in lieu fee which shall be a one percent (1%) fee of the
total estimated construction costs.
Section 18.74.050 Execution of Installation / Time of Payment
A. If the developer chooses to pay the in lieu fee, payment in full shall be
required at the time all fees are due on any project processed through the
City or upon completion of the project, whichever occurs first.
B. The payment of all outstanding fees shall be required prior to the issuance
of a Certificate of Occupancy.
C. For the developers choosing to provide art as part of their project, the
developer shall provide the City with proof of installation of the required
public art on the development site prior to the issuance of a Certificate of
Occupancy.
Section 18.74.060 Public Art Fund
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A. The City Manager is hereby directed to create a special interest-bearing
fund entitled Public Art Fund, or other appropriate accounting mechanism.
B. The City Manager or his/her designee shall administer the Public Art
Fund.
Section 18.74.070 Use of Funds
A. All amounts collected from the in lieu fee shall be placed in said Public Art
Fund and expended by the City Manager or his/her designee solely for
the costs associated with projects that result in the creation, purchase,
installation, security or maintenance of art in public spaces that include but
are not limited to: paintings, mural decorations, inscriptions, stained glass,
statues, reliefs or other sculptures, monuments, frescoes, mosaics or
drawings.
B. 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.
Section 18.74.080 Ownership & Maintenance of Art
A. Title to all public art required by and installed pursuant to this section on
private property shall be vested in the owner and pass to the successive
owners of the development project.
B. Each successive owner shall be responsible for the custody, protection and
maintenance of such works of art.
C. Public art installed on public property is owned by the City of Grand
Terrace and maintenance, removal or protection is the responsibility of the
City.
Section 18.74.090 Review Process / Standards
A. The developer shall submit a narrative proposal and artistic rendering of
the public art in satisfaction of the requirements imposed by this section,
including any additional information, plans or maps prescribed by the
Director of Community Development at the time of submission of their
development application, or indicate an intention to pay the in lieu fees.
B. The proposal for the public art shall be considered as an element of the
site and architectural design review.
C. The approval of all public art to be created, purchased, installed, secured
and maintained under this section shall require a review of the City of
5
Grand Terrace Planning Commission which shall make a recommendation
to the City Council for final approval or denial.
D. The decision of the City Council shall be final.
E. Review of all proposed artwork shall be considered based on the following
criteria:
a. Conceptual compatibility of the design with the immediate
environment of the site;
b. Appropriateness of the design to the function of the site;
c. Compatibility of the design and location within a unified design
character or historical character of the site;
d. Creation of an internal sense of order and a desirable environment
for the general community by the design and location of the work of
a rt;
e. Preservation and integration of natural features with the project;
f. Appropriateness of the materials, textures, colors and design to the
expression of the design concept;
g. Representation of a broad variety of tastes within the community
and the provision of a balanced inventory of art in public places to
insure a variety of style, design and media throughout the
community that will be representative of the eclectic tastes of the
community;
Section 18.74.100 Removal of Public Art
A. If, for any reason, the current owner or successor in interest shall choose to
replace any public art installed pursuant to this section, the following
requirements shall be met before the art is replaced:
a. The replacement of public art must go through the site review process
established above, unless the replacement will be identical to the
existing art work and in the same location.
b. The cost of the replacement shall be equal to, or greater than, the
initial cost of the existing public art to be removed adjusted for time.
c. The location of the replacement public art shall meet the requirement
for public visibility in effect at the time of the replacement.
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d. The replacement of public art shall conform, in every respect, to all
standards in effect at the time of the replacement.
e. The replacement public art, location and installation shall violate no
other ordinance.
f. The replacement public art shall be installed within 180 days of the
removal of the existing public art piece, unless the period is extended
by the Director of Planning and Development Services.
g. The owner may choose to pay an in lieu fee equivalent to the cost of
the replacement of the existing public art.
Section 18.74.110 Annual Report
A. The City Manager or his/her designee shall annually prepare and present a
report to the Grand Terrace 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 18.74.120 Authority for Additional Mitigation
A. 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 18.74.130 Waiver
A. 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."
Section 2. Any provision of the Grand Terrace Municipal Code or appendices
thereto are inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Grand Terrace
hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or portions be declared
invalid or unconstitutional.
Section 4. This ordinance shall take effect thirty days from the date of adoption.
Section 5. First read at a regular meeting of the City Council held on the 8th of
December, 2015 and finally adopted and ordered posted at a regular meeting of said
City Council on the 12th day of January, 2016.
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PASSED, APPROVED AND ADOPTED this day of ,
2016.
ATTEST:
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
I, Patricia Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify
that the foregoing Ordinance was introduced and adopted at a regular meeting of the
City Council of the City of Grand Terrace held on the 12th day of January, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
Pat Jaquez-Nares
City Clerk
Approved as to form:
Richard L. Adams, II
City Attorney