O2212
F :\atty\mu ni\laws\als \culturalartsreq u irement2d. doc
City Council Meeting 12-5-06
Santa Monica, California
ORDINANCE NUMBER
2212
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING PART 9.04.10.20 ET SEQ. TO CHAPTER 9.04 OF THE SANTA
MONICA MUNICIPAL CODE ESTABLISHING THE PRIVATE DEVELOPER
CULTURAL ARTS REQUIREMENT, AND ESTABLISHING AN APPEAL
PROVISION
WHEREAS, cultural and artistic resources, including the visual,
performing, and literary arts, enhance the quality of life for individuals living in,
working in, and visiting the City of Santa Monica; and
WHEREAS, the 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 has a longstanding and extensive history of adopting
regulations, programs and policies which regulate aesthetics of both public and
private development and promote the arts and cultural enrichment including, in
1974, adopting Santa Monica Municipal Code Chapter 9.32, which established
standards and guidelines for the review of the aesthetic qualities of new
development; and
WHEREAS, the City has adopted numerous other comprehensive plans
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and development guidelines which directly promote the City's overall aesthetic
and cultural interests and values; and
WHEREAS, the City has a history of supporting culture and arts in relation
to new construction via the City's Public Percent for Art Program which was
enacted in 1986 requiring that one percent of public projects be set aside for on-
site art and, since 1981, the City has also negotiated at least seven development
agreements that have included a public art requirement; and
WHEREAS, public art and culture has helped attract and anchor a large
and diverse creative sector, enriching the City's cultural identity, and this cultural
identity is a key component of the City's economic vitality which benefits both
from the creative businesses which locate here and from visitors who come to
enjoy this creative environment; and
WHEREAS, as development and revitalization of properties take place
within the City, land values rise, and cultural and artistic venues and
environments can rarely compete for more land in an era of dramatically
escalating land costs. Thus, the opportunities for creative and artistic resources
become diminished, and the City's physical environment is adversely impacted;
and
WHEREAS, continued new development that does not include or
contribute toward public art and cultural resources will further exacerbate
adverse impacts on the physical environment; and
WHEREAS, cultural and artistic resources should be provided by those
entities undertaking development projects that result most directly in this
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urbanization and the increased need to enhance the cultural and artistic
resources of the City; and
WHEREAS, the 1992 Cultural Arts Master Plan and its 1996 update
identified the need to off-set development impacts to community cultural
resources as the City becomes more built-out; and
WHEREAS, 2% of the average square foot cost of construction is an
appropriate factor upon which to determine the on-site requirement for the private
developer cultural arts requirement because, among other things, a portion of the
costs for on-site art requirements is devoted to indirect costs such as
transportation, installation, consultant services, and insurance, and construction
costs within the City typically represent 50% or less of total project cost; and
WHEREAS, 1 % of the average square foot cost of construction is an
appropriate factor upon which to determine the amount of an in-lieu contribution
to a Cultural Arts Trust Fund because, among other things, the project developer
does not realize the re-sale value of installed art if the developer chooses to
contribute to the Fund rather than place art on-site, and in-lieu contributions
avoid implementation and administration costs of evaluating the quality and
appropriateness of on-site developer proposed art works, which costs would be
considerably higher than administering a fund overseen by the Arts Commission;
and
WHEREAS, the private developer cultural arts requirement will promote
the general health and welfare of the City's residents, workforce, and visitors
through balancing the City of Santa Monica's urban growth with the expansion
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of its cultural and artistic resources,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Part 9.04.1 0.20, PRIVATE DEVELOPER CULTURAL ARTS
REQUIREMENT, comprised of sections 9.04.10.20.010 through 9.04.10.20.170,
is hereby added to Article 9 of the Municipal Code to read as follows:
Part 9.04.10.20
PRIVATE DEVELOPER CULTURAL ARTS
REQUIREMENT
9.04.10.20.010
Findings and purpose.
The purpose of this ordinance is to authorize
the establishment of guidelines, procedures and
standards for the integration of public art and cultural
resources into private development projects within the
City of Santa Monica.
Public art and cultural resources foster
economic development, revitalize urban areas and
improve the overall business climate by creating a
more desirable community within which to live and
work. Well conceived and executed works of art
enhance the actual value of a development project,
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create greater interest in leased space within the
development project, promote cultural tourism and
make a lasting and visible contribution to the
community, which helps to mitigate the impacts of
development. The experience of public art and
cultural resources makes the public areas of buildings
and their grounds more welcoming. It promotes the
general health and welfare of its citizens by making
the City more livable, and visually and aesthetically
pleasing.
To ensure that public art and cultural resources
are present and sustained throughout the community,
it is necessary to require that private development
projects in the City of Santa Monica include an
element of public art or cultural facilities or,
alternatively, contribute to a City arts fund for public
art and cultural resources and facilities in lieu of
installation of such art.
9.04.10.20.020
Applicability.
The regulations, requirements and provisions
of this Part and Council resolutions adopted pursuant
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hereto shall apply to development projects as defined
in this Part.
9.04.10.20.030
Definitions.
The following words or phrases shall have the
following meanings when used in this Part:
Art or Art Work. Art, including but not limited
to, sculpture, painting, graphic arts, mosaics,
photography, crafts, mixed media, electronic arts and
environmental works. Art or Art Work as defined
herein may be permanent, fixed, temporary or
portable, may be an integral part of a building,
facility, or structure, and may be integrated with the
work of other design professionals.
Artist. An individual generally recognized by
critics and peers as a professional practitioner of the
visual, performing, or literary arts, as judged by the
quality of that professional practitioner's body of
work, educational background, experience, public
performances, past public commissions, sale of
works, exhibition record, publications, and production
of artwork. The members of the architectural,
engineering, design, or landscaping firms retained for
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the design and construction of a development project
covered by this Part shall not be considered Artists for
the purposes of this Part. This definition applies only
to the requirements of the Part.
Arts Commission. The Commission as
established in SS 2.64 et seq. of this Code or any
successor legislation. Unless otherwise specified, any
reference to "Commission" in this Part shall mean the
Arts Commission.
Average Square Foot Cost of Construction.
The construction cost per square foot for construction
categories within a development project as
established by resolution of the City Council.
Cultural Arts Development Contribution.
Contribution by a Developer to the Cultural Arts Trust
Fund in lieu of installation of on-site Public Art or
Cultural Facilities.
Cultural Facilities. A structure that houses,
and has as its primary purpose the presentation of,
one or more cultural resources, and that is operated
by public entities or non-profit organizations
dedicated to cultural activities available to a broad
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public. Examples of acceptable facilities are
museums, theatres, and performing arts centers, and
other similar facilities as determined appropriate by
the Arts Commission. Facilities that do not meet this
definition are churches, schools, commercial movie
theatres, gymnasiums or other sports facilities,
bookstores, buildings dedicated primarily to housing
or administrative activities, and for-profit facilities
used for profit activities.
Cultural Resources. Individual and group
presentations, exhibitions, or performing arts
involving music, dance, theatre, opera, literature,
sculpture, murals, paintings, earthworks, mosaics,
photographs, prints, calligraphy, or any combination
of media currently known or which may come to be
known, including audio, video, film, CD-ROM, DVD,
holographic or computer generated technologies;
education, including lectures, presentations and
training in or about art and culture; special events
such as festivals and cultural celebrations; and,
similar resources and services as determined and
approved by the Arts Commission.
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Developer. The person or entity that is
financially and legally responsible for the planning,
development and construction of any development
project covered by this Part, who may, or may not, be
the owner of the subject property.
Development Project. Commercial
development having new gross floor area of 7500
square feet or more, commercial remodels or tenant
improvements of 25,000 square feet or more that
require approval by the Architectural Review Board,
or residential projects of five or more units. A
Development Project, for purposes of defining a
Project subject to this Part, does not include the
following: cultural facilities, churches, temples,
synagogues, and other buildings or structures used
for religious worship; repair and reconstruction of any
building damaged by flood, fire or other disaster;
municipal facilities; affordable housing units. In mixed
residential/nonresidential development, those portions
of projects excluded from the definition of
Development Project hereinabove shall not be
included in the calculation of the average square foot
cost of construction.
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Director. The Director of Community and
Cultural Services Department, or his/her designee, or
the Director of Planning and Community
Development, or his/her designee, as appropriate.
Freely Accessible. The Art Work is
accessible to and available for use by the general
public during normal hours of business operation
consistent with the operation and use of the premises.
Performing Arts. Performances presented by
professional performers, including theater
performance (any form of dramatic presentation,
spoken or silent); musical theater/opera (any
dramatic performance of which music is an integral
part); dance (any form of rhythmical movement);
music/concert (any musical form whether classical,
traditional or popular).
Public Art or Art Work. On-site art work
produced by an artist, as defined herein, or team of
artists, that is freely accessible on private property
or on land or in buildings owned by the city or
another governmental agency.
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9.04.10.20.040 Private De'(eloper
Cultural Arts Requirement.
Before the issuance of a building permit for any
Development Project as defined herein, the
Developer shall participate in the construction or
installation of freely accessible on-site public artwork
in accordance with Section 9.04.10.20.050, or provide
cultural facilities in accordance with Section
9.04.10.20.110, or pay a Cultural Arts Development
Contribution in accordance with Section
9.04.10.20.120 below.
The expenditure of money required to satisfy
the requirements of this Part, whichever alternative is
selected to do so, shall be reduced by the amount, as
verified by the Landmarks Commission or Landmarks
Commission Secretary as appropriate, spent to
preserve an historic resource listed in or determined
eligible for listing in the California Register of
Historical Resources or the City's local register of
historic resources, where such preservation follows
the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring, and
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Reconstructing Historic Buildings or the Secretary of
the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
9.04.10.20.050
Projects.
On-site Public Art
A Developer seeking to satisfy the Private
Developer Cultural Arts Requirement of this Part
through the construction or installation of on-site
public art shall do so in the amount of two percent
(2%) of the average square foot cost of construction
of the development project as set forth by resolution
of the City Council times the project square footage.
If the actual construction cost or market value of the
on-site public art is greater than the required 2%
contribution, the City shall have no obligation to pay
the excess amount.
9.04.10.20.060
Arts Projects
Eligible On-Site Public
Public art, for the purposes of this Part and for
determining what shall meet the private developer
requirements for on-site installation of public art,
includes art works that are created uniquely by an
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artist, as those terms are defined in this Part, and
integrated into the development project. Public art
may include any other form determined by the Arts
Commission to satisfy the intent of this Chapter
provided, however, that the following are not
considered to be public art for the purposes of this
Part:
(a) Directional elements such as
supergraphics, signage, or color coding except where
these elements are integral parts of the original work
of art or executed by artists in unique or limited
editions;
(b) Objects which are mass produced of
standard design such as banners, signs, playground
equipment, benches, statuary, street barriers,
sidewalk barriers, or fountains;
(c) Reproduction, by mechanical or other
means, of original works of art, except in cases of
film, video, photography, printmaking, or other media
arts;
(d) Decorative, architectural, or functional
elements which are designed by the building architect
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or landscape architect as opposed to an artist
commissioned for this purpose;
(e) Landscape architecture, gardening, or
materials, except where these elements are designed
by the artist and are an integral part of the work of art
by the artist; or
(f) Landscaping required by the City's
Community Development Department as part of the
Development entitlements.
9.04.10.20.070 Eligible On-Site Public
Arts Project Expenditures.
The public art contribution for on-site
installation must be expended only on costs
associated with the selection, acquisition, purchase,
commissioning, design, fabrication, placement,
installation, or exhibition of the public art. Eligible
expenditures include the following items:
(a) Artist fees;
(b) Labor of assistants, materials, and
contracted services required for the design,
fabrication, and installation of the public art;
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(c) Any required permit or certificate fees
and reasonable business and legal costs directly
related to the public art;
(d) Reasonable art consultant fees, as
established in guidelines approved to implement the
provisions of this Part;
(e) Communication and other indirect costs
(insurance, utilities associated with the creation but
not the operation of the public art, etc.);
(f) Transportation of the public art to the
site;
(g) Preparation of site to receive public art,
beyond that required for the development itself;
(h) Installation of the completed public art;
(i) Structures which enable the display of
the public art, such as platforms or pedestals, up to
5% of the total public art contribution;
U) Mountings, anchorages, containments,
or other materials necessary for installation of the
public art; and
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(k) Plaque identifying the public art, as
required by this Part.
9.04.10.20.080 Ineligible On-Site Public
Arts Project Expenditures.
Expenditures that are ineligible to be counted
toward the on-site public art contribution include the
following items:
(a) Promotional materials or activities for
the artist, the public art, the development, the
developer or others parties involved in the
development project;
(b) Opening, dedication, or other event for
the public art, artist, or development;
(c) Developer's project management
expenses associated with the public art;
(d) Services, materials, utilities or other
expenses associated with the operation or
maintenance of the public art;
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(e) Land costs or any other costs associated
with the development that are not part of and solely
attributable to the public art; and
(f) Illuminating the public art if not integral
to the design.
9.04.10.20.090 Process for Approval of
Public Art for On-site Installation.
(a) Application Procedures. Upon
application for a development permit, the applicant
shall be informed of the Private Developer Cultural
Arts Requirement and referred to the Director of the
Community and Cultural Services Department in
order to declare in writing the means by which the
Developer will comply with the requirements of this
Part.
If the Developer selects the installation of on-
site public art work, the Developer should submit art
plan documentation acceptable to the Director of the
Community and Cultural Services Department to
support the on-site public art before review by the
Architectural Review Board.
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(b) Commission Review and Approval. Before
issuance of the building permit for the development
project, the proposed public art plan documentation
must be reviewed and approved by the Arts
Commission, or the Public Art Committee if so
designated by the Commission, for compliance with
this Part, and any associated regulations or guidelines
authorized by this Part.
The Arts Commission shall review the
submitted documentation, together with the
recommendation of the Director of the Community
and Cultural Services Department, and approve,
approve with conditions, or deny the proposed Art
Work, and its proposed location, considering the
qualifications of the artist, the aesthetic quality and
harmony of the Art Work with the proposed
development project, and the proposed location of
and public accessibility to the Art Work. In addition,
the budget for the proposed public art must be
approved to ensure that only eligible expenditures are
proposed and that such expenditures total the amount
of the public art contribution.
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If the Developer proposes, or the Arts
Commission recommends, significant revisions to the
Art Work or architecture or physical design and
layout of the proposed project to the Art Work, a
revised application shall be submitted to the Director
for review and recommendation to the Arts
Commission. The Commission shall make a
determination whether to approve, approve with
conditions, or deny the requested revision.
(c) Appeal of Commission Decision. The
Commission shall render a written decision whether
the proposed installation of on-site art work satisfies
the requirements of this Part within ninety (90) days
after documentation acceptable to the Director of the
Community and Cultural Services Department is
received. Any person may seek review by the City
Council of a decision made by the Arts Commission
pursuant to this section by filing an appeal within
fourteen consecutive cfJlendar days from the date that
the decision is made in the manner provided in Part
9.04.20.24, Sections 9.04.20.24.010 through
9.04.20.24.040 of this Code, or any successor
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legislation. The decision of the City Council shall be
final.
9.04.10.20.100 Additional Requirements
for Public Art for On-site Installation.
(a) Plaque. The Public Art shall be identified
by a plaque that meets the standards in use by the
City at the time of installation of the Public Art. The
requirement of this paragraph may be waived if
determined in a particular circumstance to be
inconsistent with the intent of this Part.
(b) Ownership and Maintenance of Art Work.
All on-site Public Art Work placed on the site of the
Developer's project shall remain the property of the
property owner and his/her successor(s) in the
interest. The obligation to provide all maintenance
necessary to preserve the Art Work in good condition
shall remain with the property owner of the site. The
developer and subsequently, the property owner,
shall maintain, or cause to be maintained, in good
condition the public art continuously after its
installation and shall perform necessary repairs and
maintenance to the satisfaction of the City. The
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maintenance obligations of the property owner shall
be contained in a covenant and recorded against the
property and shall run with the property.
Failure to maintain the Art Work, as provided
herein, is hereby declared to be a public nuisance.
The City also may pursue additional remedies to
obtain compliance with the provisions of this
Requirement, as appropriate.
In addition to all other remedies provided by
law, in the event the owner fails to maintain the Art
Work, upon reasonable notice, the City may perform
all necessary repairs, maintenance or secure
insurance, and the costs, thereof shall become a lien
against the real property.
(c) Location and Relocation of On-site Public
Art. When and if the development project is sold at
any time in the future, the Public Art must remain at
the development at which it was created and may not
be claimed as the property of the seller or removed
from the development or its location approved by the
Arts Commission. In the event that a property is to be
demolished, the owner must relocate the public art to
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another publicly accessible, permanent location that is
approved in advance by the Commission.
A property owner may, for good cause, petition
the Arts Commission to replace or re-Iocate the public
art to another publicly accessible location on the
development project site. Any removal, relocation, or
replacement of the public art must be consistent with
the California Preservation of Works of Art Act and
the Federal Visual Artists' Rights Act and any other
applicable law.
If any approved Art Work placed on private
property pursuant to this Subchapter is removed
without City approval, the Certificate of Occupancy
may be revoked.
9.04.10.20.110
Facilities Alternative.
On-Site Cultural
(a) A Developer seeking to satisfy the Private
Developer Cultural Arts Requirement of this Chapter
may do so, if approved by the Arts Commission,
through the provision of on-site cultural facilities in the
amount of two percent (2%) of the average square
foot cost of construction of the development project as
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set forth by resolution of the City Council times the
project square footage.
If the Developer selects the provision of on-site
cultural facilities, the Developer shall submit
documentation acceptable to the Directors of the
Community and Cultural Services Department and
Planning and Community Development to support the
provision of on-site cultural facilities.
(b) Commission Review and Approval. Before
issuance of the building permit for the development
project, the proposed cultural facility must be
reviewed and approved by the Arts Commission, or
the Public Art Committee if so designated by the
Commission, for compliance with this Part, and any
associated regulations or guidelines authorized by
this Part.
The Arts Commission shall review the
submitted documentation, together with the
recommendation of the Directors of the Community
and Cultural Services Department and Planning and
Community Development, and approve, approve with
conditions, or deny the proposed cultural facility, and
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its proposed location within the development,
considering the need for such a facility has been
clearly demonstrated; the facility is sited
appropriately within the development project area;
the managing cultural organization has
demonstrated financial capability to successfully
operate the facility; the adequacy of an agreement
that ensures that the cultural facility will be reserved
for public or non-profit use throughout the term of
the commitment; whether the budget proposed is
appropriate and that such expenditures total the
amount of the cultural arts requirement.
(c) Appeal of Commission Decision. The
Commission shall render a written decision whether
the proposed on-site cultural facilities satisfy the
requirements of this Part within ninety (90) days after
documentation acceptable to the Director of the
Community and Cultural Services Department is
received. Any person may seek review by the City
Council of a decision made by the Arts Commission
pursuant to this section by filing an appeal within
fourteen consecutive calendar days from the date that
the decision is made in the manner provided in Part
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9.04.20.24, Sections 9.04.20.24.010 through
9.04.20.24.040 of this Code, or any successor
legislation. The decision of the City Council shall be
final.
9.04.10.20.120
Cultural Arts
Development Contribution.
In lieu of installation of on-site public art, the
Developer may make a Cultural Arts Development
Contribution in accordance with the following:
(a) Amount of Contribution. One percent
(1 %) of the average square foot cost of construction
of the development project as set forth by resolution
of the City Council times the project square footage.
(b) Timinq of Contribution. The amount of
the in-lieu contribution shall be imposed at the time of
approval of the building permits. No building permit for
any development project shall be issued unless the
contribution has been paid or a contract to pay the
contribution has been executed, and no final
inspection shall be approved unless the contribution
has been paid.
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9.04.10.20.130 Declaration of Covenants,
Conditions, and Restrictions
If the Developer elects to install on-site public
artwork in accordance with the requirements of
Section 9.04.10.20.050, the Development Project
shall have recorded against it a Declaration of
Covenants, Conditions, and Restrictions in favor of
the City and in a form approved by the City Attorney
which shall include the following provisions as
appropriate:
(a) The Developer shall provide all
necessary maintenance of the art work, including
preservation of the art work in good condition to the
reasonable satisfaction of the City and protection of
the art work against destruction, distortion, mutilation,
or other modification.
(b) The Developer shall ensure that the
artwork will be located in an area that is freely
accessible.
(c) A description of that portion of the
premises which will be maintained and shall be freely
accessible for the designated public art.
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Any other reasonable terms necessary to
implement the provisions of this Part.
9.04.10.20.140
Final City Approval.
(a) No final City approval for any project
subject to this Part shall be granted or issued, unless
and until the Director of Community and Cultural
Services, after consultation with the Director of
Planning and Community Development, verifies full
compliance with the Private Developer Cultural Arts
Requirement as follows:
(1) The approved Art Work has been installed
in a manner satisfactory to the Director of the
Community and Cultural Services Department.
Installation of Art Work shall be completed prior to the
final inspection and issuance of a Certificate of
Occupancy.
(2) In lieu art contributions have been paid, if
applicable.
(3) Financial security in an amount equal to
the acquisition and installation costs of an approved
Art Work, in a form approved by the City Attorney, has
been posted.
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(4) The Developer has executed and recorded
a covenant with the Los Angeles County Recorder, as
required by section 9.04.10.20.120. The covenant
shall be recorded prior to the request for final
construction approvals and the issuance of a
Certificate of Occupancy.
(b) The Director shall require that the
Developer submit a written verification of compliance
with these requirements as applicable. Said
verification shall consist of documentation sufficient to
enable the Director to readily determine compliance
with the provisions of this Part. Upon receipt of
written verification from the Developer, the Director
shall issue a notice determining whether the
Developer has complied with the requirements of this
Chapter. The Director's determination of compliance
may be appealed to the City Council if such appeal is
filed within fourteen consecutive calendar days from
the date that the decision is made in the manner
provided in Part 9.04.20.24, Sections 9.04.20.24.010
through 9.04.20.24.040 of this Code, or any
successor legislation.
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9.04.10.20.150
Use of Funds.
Cultural Arts Trust Fund;
There is hereby created a fund to be known as
the "City Cultural Arts Trust Fund" to account for in
lieu contributions paid pursuant to this Part. This fund
and the interest thereon shall be maintained by the
City Finance Director and shall be:
(a) For the design, acquisition, commission,
installation, improvement, repair, maintenance,
conservation and insurance of an Art Work.
(b) To sponsor or support cultural facilities and
cultural resources.
(c) For such other equivalent artistic and
cultural uses approved by the Arts Commission.
During a fiscal year, the total amount of
expenditures made in any year from the Cultural
Arts Trust Fund for the purposes set forth in this
section shall be established in the annual City budget
and approved by the City Council. The budget will be
developed in keeping with community cultural
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priorities as established by the City's adopted Cultural
Master Plan.
The proposed annual expenditures shall be
reviewed by the Arts Commission concurrently with
the review of the budget for expenditures from the
City's percent for art funds.
9.04.10.20.160 Adoption by Resolution
of the Per Square Foot Amount for On-site
Participation or In-lieu CO!'tribution
Pursuant to this ordinance, the per square foot
amount required to satisfy the private developer
cultural art requirement through the provision of on-
site public art or cultural facilities, or by an in-lieu
contribution shall be adopted from time to time by
resolution of the City Council after a noticed public
hearing. In adopting the resolution, the City Council
shall identify the Average Square Foot Cost of
Construction for construction categories including, but
not limited to commercial, residential, and tenant
improvement classifications. The per square foot
amount shall be calculated by multiplying the Average
Square Foot Cost of Construction by the factor of 2%
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for on-site public art or cultural facilities, and 1 % for
an in-lieu contribution. The resulting per square foot
amount shall be used to determine the amount
necessary to comply with the private developer
cultural arts requirement selected to satisfy the
obligation imposed by this Part.
9.04.10.20.170
Regulations
The City Manager, or her/his designee, is
authorized to adopt administrative regulations or
guidelines that are consistent with and that further the
terms and requirements set forth within this Part, which
is hereby codified in Article 9, Part 9.04.10.20, of the
Santa Monica Municipal Code or as otherwise
designated by the City Clerk.
SECTION 2. This Ordinance shall apply to applications for development
projects as defined herein determined complete after the January 12, 2007.
SECTION 3. Any provision of the Santa Monica Municipal Code or
appendices thereto 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 4. If any section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional by a
31
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 5. The Council finds that the adoption and implementation of
this ordinance are exempt from the provisions of the California Environmental
Quality Act pursuant to CEQA Guidelines section 15060(c)(2) in that the Council
finds there is no foreseeable possibility that the implementation of this ordinance
may have a significant effect on the environment. The ordinance option to
provide on-site public art or cultural facilities does not involve commitment to any
specific project, and it is a matter of speculation whether a developer of a project
subject to the proposed Private Developer Cultural Arts Requirement will select
the on-site option. Moreover, in cases where individual projects select the onsite
option, the project may be subject to ministerial review and not a project under
CEQA. In discretionary review cases, where art is selected, the art will enhance
rather than detract from the environmental setting. CEQA Guideline S15378
(b)(3) also provides that creation of governmental funding mechanisms or other
governmental fiscal activities which do not involve commitment to any specific
project which may result in a potentially significant physical impact on the
environment is not a project subject to CEQA. Because the proposed Ordinance
provides for an in-lieu contribution option and Cultural Arts Trust Fund in order to
32
create a governmental funding mechanism, it is also not a project as set forth in
CEQA Guideline S15378.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This Ordinance
shall become effective 30 days after its adoption.
APPROVED AS TO FORM:
33
Approved and adopted this 5th day of December, 2006.
r 9", /
'~ \ / '-"""
Ric ard Bloom, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2212 (CCS) had its introduction on November 28,2006, and
was adopted at the Santa Monica City Council meeting held on December 5, 2006, by
the following vote:
Ayes: Council members:
Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Bloom, Mayor Pro Tem Katz
Noes:
Council members:
None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~~~
Maria M. Stewart, City Clerk