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Consideration Items
Item No. 2.
| MEETING DATE: 07/17/2023 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Susan Kim, Director of Community & Economic Development |
| SUBJECT: | CONSIDER THE INITIATION OF ZONE CHANGE 23-02 TO AMEND TITLE 18 (ZONING) OF THE LA HABRA MUNICIPAL CODE BY ADDING A PUBLIC ART PROGRAM REQUIREMENT, OR AN IN LIEU FEE OPTION, FOR LARGER DEVELOPMENT PROJECTS
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RECOMMENDATION:
That the City Council direct staff to initiate Zone Change 23-02 related to amendments to Title 18 (Zoning) of the La Habra Municipal Code (LHMC or “Code”) related to art in public places.
DISCUSSION:
On October 28, 2013, the Planning Commission recommended approval of various Zoning Ordinance updates which included an amendment to Chapter 18.16.040 of the La Habra Municipal Code (LHMC) that allowed public art and water features to be placed in required setbacks on private property, subject to approval by the Planning Commission. On November 18, 2013, the City Council approved these changes; however, at that time, no provision was included in the LHMC that mandated the installation of public art as a requirement for new developments, nor provided for public funding of art projects.
On January 21, 2014, the City Council adopted the City of La Habra General Plan 2035, which established goals, policies, and programs to improve the community and to be consistent with state and federal law. Within the General Plan, various goals are stated which encourage quality design of new development projects, enhancement of public spaces, and improving residential and retail streetscapes. Specifically, Policy LU 11.9 “Retail Streetscapes” encourages improvement of the streetscape with landscaping, street furniture, signage, and public art to promote pedestrian activity in retail commercial districts and corridors.
In addition, on March 6, 2023, the City Council adopted its annual Goals and Objectives for fiscal year 2023-2024 which provided guidance to staff on policy areas of interest to the City Council and community. Goal 5, Objective P calls for the creation of a Public Art Program requirement, or in lieu fee, for larger development projects. If La Habra were to implement requirements similar to those of other surrounding cities, this requirement could generally apply to all development projects with a building valuation of more than $1.5 million; and, could require installation of art that is the equivalent of 1% of the project valuation, or the payment of an in-lieu fee of the same amount. Building valuation would be based upon the International Code Council (ICC) Building Valuation Data table in effect at the time the building permit is issued.
Depending on how it is structured, a Public Art Program could accomplish the following:
On January 21, 2014, the City Council adopted the City of La Habra General Plan 2035, which established goals, policies, and programs to improve the community and to be consistent with state and federal law. Within the General Plan, various goals are stated which encourage quality design of new development projects, enhancement of public spaces, and improving residential and retail streetscapes. Specifically, Policy LU 11.9 “Retail Streetscapes” encourages improvement of the streetscape with landscaping, street furniture, signage, and public art to promote pedestrian activity in retail commercial districts and corridors.
In addition, on March 6, 2023, the City Council adopted its annual Goals and Objectives for fiscal year 2023-2024 which provided guidance to staff on policy areas of interest to the City Council and community. Goal 5, Objective P calls for the creation of a Public Art Program requirement, or in lieu fee, for larger development projects. If La Habra were to implement requirements similar to those of other surrounding cities, this requirement could generally apply to all development projects with a building valuation of more than $1.5 million; and, could require installation of art that is the equivalent of 1% of the project valuation, or the payment of an in-lieu fee of the same amount. Building valuation would be based upon the International Code Council (ICC) Building Valuation Data table in effect at the time the building permit is issued.
Depending on how it is structured, a Public Art Program could accomplish the following:
- Distinguish La Habra as a special place to live, work, play, and visit.
- Strengthen cultural awareness, creativity, and innovative thinking in the community.
- Celebrate the contributions and accomplishments of local residents who worked towards the betterment of La Habra and the greater community.
- Integrate the vision of artists with the perspective of other design professionals into the planning and design of the urban landscape.
- Ensure that public art is visually accessible to every member of the community.
- Provide a means to counter the “negative” effects of development which can include noise, traffic, congestion, and pollution.
- Build a diverse collection of permanent outdoor sculptures/art work by qualified artists and ensure that the collection is continually maintained.
Through the City’s existing development agreement process, a public art or in lieu fee component has been included in some larger development projects, however this process is subject to project by project negotiation, and has not been consistent. Recent projects in La Habra that have included a negotiated public art or in lieu fee component include:
- 2023: Providence Medical Building - 1201 West Whittier Boulevard – Bronze sculpture (see attachment)
- 2021: 58 Condo Units, Volara – 104 to 118 East Electric Avenue – In lieu contribution
- 2021: 3 Apartment Units, 508 South Walnut Street – Tile mosaic
- 2018: La Quinta Hotel – 701 to 751 East Imperial Highway – In lieu contribution
- 2017: 50 Condo units, Portola Walk – 1801 West La Habra Boulevard – Tile mosaic
- 2017: 7 Single family homes – 1101 North Harbor Boulevard – In lieu contribution
- 2016: Kaiser Permanente – 601 East Imperial Highway – Metal sculpture (see attachment)
- 2016: ALDI Market – 951 East Imperial Highway – In lieu contribution
- 2015: Public Storage – 999 East Lambert Road – In lieu contribution
If approved, a Public Arts Ordinance would provide a consistent mechanism for implementing the goals and policies of the General Plan, would help to distinguish La Habra by growing its public art, strengthen cultural awareness, and provide aesthetic improvements and beautification to the City.
Should City Council direct staff to initiate proceedings for Zone Change 23-02, staff will present the draft ordinance to the Planning Commission at a noticed public hearing for consideration and recommendation to the City Council. The City Council would then consider the proposed ordinance and the Planning Commission’s recommendation at a noticed public hearing. If the proposed ordinance is approved by City Council and has received a first and second reading, and is then subsequently adopted by City Council, it will become effective 30 days after said adoption.
If City Council does not wish to have staff initiate proceedings for Zone Change 23-02, staff recommends that City Council modify or remove City Council Goal 5, Objective P: Create a Public Art Program requirement/in lieu fee for larger development projects.
Should City Council direct staff to initiate proceedings for Zone Change 23-02, staff will present the draft ordinance to the Planning Commission at a noticed public hearing for consideration and recommendation to the City Council. The City Council would then consider the proposed ordinance and the Planning Commission’s recommendation at a noticed public hearing. If the proposed ordinance is approved by City Council and has received a first and second reading, and is then subsequently adopted by City Council, it will become effective 30 days after said adoption.
If City Council does not wish to have staff initiate proceedings for Zone Change 23-02, staff recommends that City Council modify or remove City Council Goal 5, Objective P: Create a Public Art Program requirement/in lieu fee for larger development projects.
FISCAL IMPACT/SOURCE OF FUNDING:
The Finance Department set up a separate Public Art (Special Revenue) Fund in Fiscal Year 2017-18 to track the revenue, expenditures and fund balance for this activity. As of June 30, 2023, this fund has collected $278,517 from negotiated development agreements. To date none of these funds have been expended.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
General Plan:
LU 11.9 Retail Streetscapes
LU 12.3 On-Site Amenities
LU 14.2 Places of Community and Neighborhood Identity and Activity
LU 17.7 Design of Civic Buildings and Spaces
CI 2.1 Unique Sense of Place
City Council Goals and Objectives:
Goal 5, Objective P: Create a Public Art Program requirement/in lieu fee for larger development projects
LU 11.9 Retail Streetscapes
LU 12.3 On-Site Amenities
LU 14.2 Places of Community and Neighborhood Identity and Activity
LU 17.7 Design of Civic Buildings and Spaces
CI 2.1 Unique Sense of Place
City Council Goals and Objectives:
Goal 5, Objective P: Create a Public Art Program requirement/in lieu fee for larger development projects