City adopts public arts requirement ordinance
PALMDALE — The City Council unanimously adopted an ordinance to establish requirements for the inclusion of public art in public and private development projects and a development fee for public art to create a Public Art Fund despite concerns raised by representatives from developers.
The ordinance includes the requirement for the city to allot 1% construction budget of eligible capital improvement program projects of $500,000 or more to on-site artwork. It also requires private developers of new construction to allot .5% of building permit valuation costs of $500,000 or more to on-site artwork.
A developer may place a contribution into the Palmdale Public Art Fund instead of public art on the development.
“We are asking that the art ordinance not apply to private residential development when considering the severe housing crisis and pandemic afflicting the region,” Diana Coronado, vice president of the Building Industry Association Los Angeles/Ventura chapter, said during public comments.
The private development fee will not take place until July 1. Municipal and private percent for art allocations will not exceed $250,000.
Projects exempt from the contributions include city
projects of less than $500,000 of capital improvement program construction costs. Private projects of less than $500,000 building permit valuation, nonprofit and affordable housing development and structures, mixed-use and residential projects that create four or fewer residential units are also exempt.
City Attorney Christopher Beck read letters from the public in support of the ordinance.
“Public art is a necessity; it brings joy to people’s lives especially during this horrible pandemic,” Beck read. “It brings a sense of community to Palmdale to encourage artists to share their arts. It’s a huge positive in an area that isn’t what it used to be.”
In another letter, the community member expressed neutral support for public art but asked about the disparity between the amounts local artists are paid to those who live outside of the Antelope Valley according to a presentation included with the agenda.
“Well there’s no doubt that our community has a need for art, creativity and finding a way to express themselves, especially during this pandemic right now,” Councilman Austin Bishop said. “But I can’t also help but think that maybe imposing another fee during the pandemic right now might be tough as far as home development goes.”
Bishop asked if the council could adopt the master plan and hold off on all residential fees until after the pandemic.
The residential fee will not go into effect until July 1.
Councilwoman Laura Bettencourt asked whether the Council could amend the date if the COVID-19 pandemic continues past next July. Bishop agreed.
“I’d like to definitely have that residential fee moved if COVID continues because I don’t want anything to obstruct more housing being built,” Bishop said.
Mayor Pro Tem Richard Loa moved to continue the item to give city staff and representatives from the Building Industry Association and other development interests time to address their concerns.
“I think that we’ve shown to BIA that we’re pro-housing by again slashing our development fees by 50%,” Councilman Juan Carrillo said. “That to me is housing supportive.”
Carrillo added the fact that some multi-family housing developments are exempt from the fee is another example to demonstrate that the city is pro-housing.
“I do appreciate the interest of the council members to continue this but 2017 is when we started,” Carrillo said. “I think it’s time to put this in place and create some art that will make us proud to live in Palmdale.”
Bettencourt said the city has tried since 2009 to beautify the city.
“I think this is a great opportunity and I don’t think that we should wait,” Bettencourt said.
Loa’s motion failed for lack of a second.
“I got the sense that we made a lot of progress but at the end of the day this is really about nobody wants to pay additional fees,” Mayor Steve Hofbauer said.
Coronado said they would like to work with the city on a voluntary incentive-based process where a private developer offering housing can offer art fees on a voluntary basis.
“I think that we can still prioritize housing and art through a voluntary process,” Coronado said. “I think that if you gave us more time to work with staff we could bifurcate that so that you’re not losing money.”
Hofbauer said the council has a pro-development mentality.
“I think we’re going to take a real serious look at what’s the impact on this, what’s the dialogue been, and then in May or June we’ll get a report back and decide do we need to do anything more on this,” Hofbauer said.
Coronado said she represents thousands of developers.
“This is not something that we’re supportive of in any way,” Coronado said. “And this is a very big problem for us.”
Loa expressed hope that Coronado and her staff will continue to work with the city.