Ord 2318 - Amending Chapter 25 by Renaming it to "Revenue and Taxation" and Adding Article VII Public Art FundingORDINANCE 2318
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA,
AMENDING CHAPTER 25 OF THE LOS GATOS TOWN CODE BY RENAMING IT TO
"REVENUE AND TAXATION" AND ADDING ARTICLE VII PUBLIC ART FUNDING
WHEREAS, a robust public art program fosters economic development, creates vital
public spaces, and promotes general health and welfare by contributing to a more desirable
community in which to live, work and recreate; and
WHEREAS, to ensure that public art is present and sustained throughout the
community, it is necessary to require that private development projects in the Town of Los
Gatos provide public art on site or, alternatively, contribute to a public art fund so that public
art can be established elsewhere in the community; and
WHEREAS, the purpose of this Chapter is to establish a public art requirement for
private developments and to authorize the Town Manager to establish regulations and
guidelines to effectuate the intent of this Chapter, and now therefore;
NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN
COUNCIL DO HEREBY ORDAIN AS FOLLOWS:
SECTION I
INCORPORATION OF RECITALS. The Town Council of the Town of Los Gatos finds that all
Recitals are true and correct and incorporate them herein by this reference.
SECTION II
LOS GATOS TOWN CODE AMENDMENTS. Chapter 25 is hereby amended to be renamed to
"Revenue and Taxation" and Article VII of Chapter 2S of the Los Gatos Town Code is hereby
added as follows:
25.70.010. — Definitions.
For the purposes of this Chapter, the following definitions shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Affordable Housing Developments means a project with Below Market Price
(BMP) dwellings, as those terms are defined by Los Gatos Town Code section
Sec. 29.10.3020.
(2) Art or Work of Art means original artist -designed and produced unique works in
any of a variety of styles and forms.
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(3) Artist means a practitioner of the creative arts, generally recognized as such by
critics and peers, with a body of work including commissions, exhibitions, sales,
publications, and collections. For the purposes of this Chapter, "artist" shall not
include:
(i) Persons primarily working in the professional fields of architecture,
engineering, design, or landscaping;
(ii) An employee or relative of the development project architect,
landscape architect, engineer, or project manager;
(iii) Any person with a business interest in a development project or with
respect to individuals or entities serving as project architects, landscape
architects, engineers, or project managers; or
(iv) A relative of or anyone with a financial interest with respect to an
individual or entity serving on an art selection panel for the development
project.
(4) Arts and Culture Commission ("Commission" or "ACC') means the Commission
established by Town of Los Gatos Resolution 2016-051.
(5) Developer means a person or entity that is financially and legally responsible for
the planning, development and construction of any development project
covered by this Chapter. The developer may or may not also be the project
owner.
(6) Development Project means any commercial or residential development or
combination thereof.
(7) Historic means a property which has been evaluated and found to have
historical importance, as described by Los Gatos Town Code section 29.80.215.
(8) Public Art or Publicly Accessible Art means a work of art that is visible or
accessible to the public for a minimum of 40 hours per week. Public art may
include sculpture, painting, installations, photography, video, works of light or
sound, or any other work or project determined by the Arts and Culture
Commission to satisfy the intent of this Chapter, provided, however, that none of
the following shall be considered public art for the purposes of satisfying the
requirements of this Chapter:
(i) Objects that are mass produced of standard design, such as banners, signs,
playground equipment, benches, statuary, street or sidewalk barriers, or
fountains;
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(ii) Reproduction, by mechanical or other means, of original works of art, except
as incorporated into film, video, photography, printmaking, or other derivative
works as approved by the Arts and Culture Commission;
(iii) Landscape architecture or gardening, except where these elements are
designed by an artist and are an integral part of a work of art.
25.70.020. - Los Gatos Public Art Fund.
There is hereby created a Los Gatos Public Art Fund, which funds shall be restricted to
implementation for the Los Gatos Public Art Program. Such funds may be used for the
following purposes, including: acquisition, placement, maintenance, and promotion of
temporary and permanent art and art programs, including visual or performing arts, as
approved by the Arts and Culture Commission, on or in Town owned, public property
throughout the Town. This fund will account for in -lieu contributions made under Section
25.70.100. This fund and the interest thereon shall be maintained by the Chief Financial Officer
according to standard governmental accounting requirements. Art works acquired through the
Public Art Fund shall be owned by the Town of Los Gatos and generally made accessible to the
public.
25.70.030. -- Application.
(a) This Chapter shall apply to all new commercial developments (including mixed
use projects), including new construction, and additions and remodels that add
more than 50% square footage; and
(b) All new residential projects of three or more units, including new construction,
and additions and remodels that add more than 50% square footage.
(c) Notwithstanding subsections (a) and (b) above, this Chapter shall not apply to:
(i) Affordable housing developments, or, if affordable housing is a part of
the development, the affordable housing units shall be subtracted from
the valuation of the project as in subsection (d) below;
(ii) Historic renovations;
(iii) Repair or reconstruction of structures damaged by flood, fire, wind,
earthquake, or other disaster;
(iv) Seismic retrofit projects;
(v) Single family and two-family residential units;
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(vi) Accessory dwelling units or junior accessory dwelling units;
(vii) Any project exempted by federal or state law;
(viii) Municipal facilities;
(ix) Buildings or structures primarily used for religious worship.
Those portions of projects excluded from application of this Chapter under subsection
(c) shall be subtracted from the project for purposes of determination of applicability under
subsection (a) and (b), above, and from construction valuation under Section 25.70.050 and
25.70.100.
25.70.040. - Public Art Requirement for Private Developments
Before a certificate of occupancy is issued for any development project subject to this
Chapter, the developer shall participate in the construction or installation of on -site public art
under Section 25.70.050, or, at the developer's option, shall contribute to the Public Art Fund in
lieu of providing on -site art, as provided in Section 25.70.100.
25.70.050. - On -Site Public Art
(a) A developer may satisfy the requirements of this Chapter by constructing or
installing on -site public art valued at one percent (1%) of construction valuation.
For purposes of budgeting and planning for on -site art, an initial estimate of the
art contribution shall be calculated based on estimated construction valuation at
the time of application for entitlements. The arts contribution shall be finally
determined based on the construction valuation determined at the time the
building permit is issued.
(b) If the market value of the on -site public art is greater than the art contribution
provided in Subsection 25.70.050 (a), the Town shall have no obligation to
refund the excess amount. If expenditures do not utilize the entire amount
provided in 25.70.050 (a), the remainder shall be deposited into the Public Art
Fund.
25.70.060. - Eligible Expenditures for On -Site Public Art Projects
The public art contribution for on -site installation may be expended only on costs
associated with the selection, acquisition, purchase, commissioning, design, fabrication,
placement, and installation of the public art, and project management and administrative costs
not to exceed 20% of the total budget. Eligible expenditures include:
(a) Artist fees;
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(b) Labor of assistants, materials, and contracted services required for design,
fabrication, engineering, and installation of the public art;
(c) Any required permit or certificate fees and reasonable business and legal costs
directly related to the public art;
(d) Reasonable art consultant fees;
(e) Communication, utilities, insurance, and other indirect costs associated with the
creation but not the operation of the public art;
(f) Transportation of the public art to the site;
(g) Preparation of the site specifically required for the public art, such as fabrication
of platforms or pedestals;
(h) Installation of the public art;
(i) Mountings, anchorages, containments, or other materials necessary for
installation of the public art;
(j) Public art project management and administration, in an amount not to exceed
20% of the total art contribution; and
(k) A plaque or plaques identifying the public art.
25.70.070. - Ineligible Expenditures for On -Site Public Art Projects
Expenditures that are ineligible to be counted toward the on -site public art contribution
include:
(a) Labor of assistants, materials, and contracted services not required for design,
fabrication, engineering, and installation of the public art;
(b) Promotional materials or activities for the artist, the public art, the development
project, the developer, or other parties involved in the development project;
(c) Opening, dedication or other costs of events for the public art, artist, developer,
or development;
(d) Services, materials, utilities or other expenses association with the ongoing
operation or maintenance of the public art; and
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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.
25.70.080. - Process for Planning and Approval of On -Site Public Art
(a) Application and Planning. Developer shall be informed at the time of
Development Review Application about the Public Art requirement and given
details of what is required for either public art installation or payment of in -lieu
fee, including 1%fee calculated on construction valuation of the project.
(b) Arts and Culture Commission Review and Approval. If the developer elects to
comply with this Chapter by providing on -site art, the developer's public art plan
must be presented to the Arts and Culture Commission. The plan should include:
1. The identity of the artist or description of the process by which the artist
will be selected. The developer is encouraged to give preference to
artists living or working in the San Francisco Bay area and to avoid using
artists whose work is already displayed as public art within the Town of
Los Gatos boundaries;
Preliminary sketches, photographs, or other documentation of sufficient
descriptive clarity to indicate the nature of the proposed public art;
An appraisal or other evidence of the value of the proposed public
artwork, including acquisition and installation costs;
4. Preliminary plans containing such detailed information as may be
required to adequately evaluate the location of the artwork in relation to
the proposed development and its compatibility to the proposed
development, including compatibility with the character of adjacent
conforming developed parcels and existing neighborhoods; and
A detailed plan that demonstrates how the property owner or developer
will maintain the artwork, including schedule, cost, and manner of
maintenance; and
A narrative statement or plan that demonstrates the public art will be
displayed in a publicly accessible manner.
(c) The ACC shall, within 60 days, render a decision whether the proposed public art
plan conforms to the requirements of this Chapter. The ACC approvals required
under this section must be obtained prior to the issuance of any building permit
for the development project.
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(d) Before a Certificate of Occupancy is issued, the Town must inspect and confirm
that public art has been installed as required by the ACC approvals and to the
satisfaction of the Director of Community Development, in consultation with the
ACC. If actual expenditures do not utilize the entire amount provided by the 1%
valuation of the development, the excess funds are to be deposited into the
Public Art Fund. If the market value of the on -site public art is greater than the
1% art contribution required, the Town shall have no obligation to refund the
excess amount.
(e) If Developer choses to pay In -Lieu Fee:
(i) Within 60 days of Development Permit application or other discretionary
approval, the developer shall deposit 1% of estimated construction
valuation into the Public Art Fund.
(ii) A developer who elects to satisfy the requirements of this chapter
through a contribution to the Fund must complete the payment in -lieu
prior to the issuance of any building permit for the development project.
If the building valuation has increased from the time of the initial deposit
into the Public Art Fund, additional funds are to be deposited into the
fund to meet the 1% requirement.
25.70.090. - Additional Requirements for On -Site Public Art
(a) Plaque. The public art shall be identified by a plaque that meets the standards in
use by the Town at the time of installation of the public art. The plaque should
contain information such as date of installation, title, and artist and medium.
(b) Ownership and Maintenance. All on -site public art shall remain the property of
the property owner or the property owner's successor in interest. The
installation or placement of public art on private property shall not constitute a
donation to the Town. The Town shall bear no obligation nor assume any
responsibility or liability with respect to the installation, operation or
maintenance of any art installed on private property. The property owner shall
retain the obligation to provide all necessary maintenance to preserve the public
art in good condition. Immediately upon installation and continuously thereafter,
the developer and the property owner shall maintain the public art and shall
promptly perform all necessary repairs and maintenance to the satisfaction of
the Town. The obligation to maintain and preserve the public art includes the
obligation to take reasonable steps to protect the public art against destruction,
damage, or modification.
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(c) Location and Relocation of Public Art. Except as provided herein, the public art
must remain at the development in the location approved by the Arts and
Culture Commission. A property owner may petition the Arts and Culture
Commission to relocate the public art within the development project.
(d) When and if the development project is sold, the public art must remain at the
development and may not be claimed as the property of the seller or removed
from the site. If the development is to be demolished, the owner must relocate
the public art to another publicly accessible permanent location approved in
advance by the Arts and Culture Commission.
(e) Removal and Replacement of Public Art. If the owner desires to deaccession, sell
or remove the art from the site, the owner shall give prior notice to the Town by
providing written notice to the Arts and Culture Commission no less than 90 days
before the intended action. The owner must receive prior approval from the Arts
and Culture Commission. The developer will be required to replace the sold or
de -accessioned artwork with an alternative work of equivalent or greater value,
as determined by the Arts and Culture Commission, in current dollars. The
replacement artwork selection should follow the initial selection process. In the
alternative, the developer may elect to pay fees in lieu of replacing on -site art, at
a reasonable rate equivalent to the cost of replacing the art in current dollars, as
determined by the Arts and Culture Commission.
(f) Statutory and Contractual Rights of Artists. The owner is solely responsible for
complying with all statutory and contractual rights of the artist, including rights
under the California Preservation of Works of Art Act, the federal Visual Artists'
Rights Act, and any other applicable law.
(g) Covenant; Recordation. The property owner shall record against the property a
declaration of covenants, conditions, and restrictions, in favor of the Town, and
in a form approved by the Town Attorney. The declaration shall include (i) the
owner's obligation to provide all necessary maintenance of the public art,
including preservation and restoration of the public art, in good condition, to the
reasonable satisfaction of the Town, and to protect the public art against
destruction or damage; (ii) the owner's obligation to ensure that the public art is
accessible to the public as required by this Chapter; and (iii) any other terms
reasonably necessary to implement this Chapter.
25.70.100. - Developer's Option to Pay Fees to Public Art Fund In -Lieu of Providing On -Site Art
In lieu of installation of on -site public art, the developer may elect to make a monetary
contribution to the Los Gatos Public Arts Fund. The amount of the contribution shall be the cost
of the public art required by Section 25.70.050. A developer who elects to satisfy the
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requirements of this Chapter through a contribution to the Fund must complete the payment
in -lieu prior to the issuance of any building permit for the development project.
25.70.110. - Inspection and Final Approval.
Before a Certificate of Occupancy is issued for the development project, the Town shall
inspect and confirm that either: (i) public art has been installed as required by the Arts and
Culture Commission approvals and to the satisfaction of the Director of Community
Development, in consultation with the Public Art program staff; or (ii) in -lieu contributions have
been paid in full. In addition, before a Certificate of Occupancy is issued, the Town shall confirm
that the developer has executed and recorded a covenant as required by Section 25.70.090(f).
25.70.115. — Enforcement
The provisions of this chapter shall apply to all agents, successors and assigns of an
applicant proposing or constructing a development governed by this chapter, or a property
owner with art installed governed by this chapter. The Town may institute any appropriate legal
actions or proceedings necessary to ensure compliance herewith, including but not limited to,
actions to revoke, deny or suspend any permit, including a development approval, building
permit or certificate of occupancy. The Town shall be entitled to costs and expenses for
enforcement of the provisions of this chapter, or any agreement pursuant thereto, as awarded
by the court, including reasonable attorneys' fees.
25.70.120. -Regulations
The Town Manager, or his or her designee, is authorized to adopt administrative
regulations, procedures or guidelines that are consistent with and that further the terms and
requirements of this Chapter.
25.70.130. — Severability
If any provision, clause, sentence or paragraph of this ordinance, or the application to
any person or circumstances, shall be held invalid, such invalidity shall not affect the other
provisions of this Ordinance which can be given effect without the invalid provision or
application and, to this end, the provisions of this Ordinance are hereby declared to be
severable .
25.70.140. - Implementation
This ordinance shall be effective on July 1, 2021 and shall immediately apply to all
development projects that have not yet received final land use entitlements.
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SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 201h day of April 2021, and adopted by the following vote as an ordinance of
the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the 4th day of May 2021. This ordinance takes effect 30 days after it is adopted. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage a summary
of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS
AYES: Mary Badame, Matthew Hudes, Rob Rennie, Maria Ristow, Mayor Marico Sayoc
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
l
MAYOR OF THE,TOWN PAOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF TIME TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: lapaj
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ORDINANCE 2317
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE ZONING CODE
FROM R-1D:LHP (SINGLE-FAMILY RESIDENTIAL DOWNTOWN WITH A LANDMARK
AND HISTORIC PROPERTY OVERLAY)
TO C-2:LHP (CENTRAL BUSINESS DISTRICT WITH A LANDMARK AND HISTORIC
PROPERTY OVERLAY)
FOR A PROPERTY LOCATED AT 4 TAIT AVENUE
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DO
HEREBY ORDAIN AS FOLLOWS:
SECTION 1
The Town Code of the Town of Los Gatos is hereby amended to change the zoning of the
property at 4 Tait Avenue (Santa Clara County Assessor Parcel Number 510-44-054) as shown
on the map attached hereto as Exhibit A, and is part of this Ordinance, from R-1D:LHP (Single -
Family Residential Downtown with a Landmark and Historic Property Overlay) to C-2:LHP
(Central Business District with a Landmark and Historic Property Overlay).
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on the 20th day of April 2021, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the
4th day of May 2021. This ordinance takes effect 30 days after it is adopted. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage a summary
of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES: Mary Badame, Matthew Hudes, Rob Rennie, Mayor Marico Sayoc
NAYS: None
ABSENT: None
ABSTAIN: Maria Ristow
SIGNED:
MAYOR OF T)IE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLER OF HE TOWN OF LOS GATOS
LOS GATOS CALIFORNIA
DATE:_
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Ordinance 2317 May 4, 2021
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4_Tait Avenue
IT,
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I TOWN OF LOS GATOS I
Application No. Z-20-002 A.P.N. #510-44-054 "
Change of the zoning map amending the Town Zoning Ordinance.
® Zone Change From: R-1D:LHP To: C-2:LHP
Forwarded by Planning Commission Date:
Approved by Town Council Date: Ord:
Clerk Administrator Mayor
EXHIBIT A
ORDINANCE 2316
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE ZONING CODE
FROM O:LHP (OFFICE WITH A LANDMARK AND HISTORIC PRESERVATION OVERLAY)
TO R-1D:LHP (SINGLE-FAMILY RESIDENTIAL DOWNTOWN WITH A LANDMARK AND
HISTORIC PRESERVATION OVERLAY)
FOR PROPERTY LOCATED AT 246 ALMENDRA AVENUE
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DO
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning of the
property at 246 Almendra Avenue (Santa Clara County Assessor Parcel Number 510-14-019) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from O:LHP
(Office with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single -Family
Residential Downtown with a Landmark and Historic Property Overlay).
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on the 20th day of April 2021, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the
4th day of May 2021. This ordinance takes effect 30 days after it is adopted. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage a summary
of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES: Matthew Hudes, Maria Ristow, Mayor Marico Sayoc
NAYS:
None
ABSENT:
None
ABSTAIN:
Mary Badame, Rob Rennie
SIGNED:
MAYOR OF THE�TOWN�'OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: r
ATTEST:
TOWN CLERK TOWN OF LOS GATOS
LOS GATOS CALIFORNIA
DATE: o
loft
Ordinance 2316 May 4, 2021
`000
0V
246 Almendra Avenue
TOWN OF LOS GATOS
Application No. Z-20-001 A.P.N. #510-14-019
Change of zoning map amending the Town Zoning Ordinance.
® Zone Change From: O:LHP To: R-1D:LHP
Forwarded by Planning Commission Date:
Approved by Town Council Date: Ord:
Clerk Administrator Mayor
EXHIBIT A