A.
The purpose of this Chapter 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.
B.
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, 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.
C.
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.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The regulations, requirements and
provisions of this Chapter and Council resolutions adopted pursuant
hereto shall apply to development projects as defined in this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The following words or phrases shall
have the following meanings when used in this Chapter:
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.
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 art work. The members of the architectural, engineering,
design, or landscaping firms retained for the design and construction
of a development project covered by this Ordinance shall not be considered
artists for the purposes of this Chapter. This definition applies
only to the requirements of this Chapter.
Unless otherwise specified, any reference to "Commission"
in this Chapter shall mean the Arts Commission.
The construction cost per square foot for construction categories
within a development project as established by resolution of the City
Council.
Contribution by a developer to the Cultural Arts Trust Fund
in lieu of installation of on-site public art or 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 nonprofit organizations dedicated to cultural
activities available to a broad 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.
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, 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.
The person or entity that is financially and legally responsible
for the planning, development and construction of any development
project covered by this Chapter, who may, or may not, be the owner
of the subject property.
Commercial development having new floor area of 7,500 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 5 or more units. A development project,
for purposes of defining a project subject to this Chapter, 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.
The Director of Community and Cultural Services Department,
or their designee, or the Director of Planning and Community Development,
or their designee, as appropriate.
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.
Performances presented by professional performers, including
theatre performance (any form of dramatic presentation, spoken or
silent); musical theatre/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).
On-site art work produced by an artist, as defined herein,
or team of artists, that are freely accessible on private property
or on land or in buildings owned by the City or another governmental
agency.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
Applicability. 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 art work in accordance with Section 9.30.050, or provide cultural facilities in accordance with Section 9.30.120, or pay a cultural arts development contribution in accordance with Section 9.30.140 below.
B.
The expenditure of money required to satisfy
the requirements of this Chapter, 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 Reconstructing Historic Buildings or the Secretary
of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A developer seeking to satisfy the
private developer cultural arts requirement of this Chapter through
the construction or installation of on-site public art shall do so
in the amount of 2 percent 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 percent contribution, the City shall have no obligation
to pay the excess amount.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
Public art, for the purposes of this Chapter
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 artist, as those terms are defined in this
Chapter, 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 Chapter:
1.
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;
2.
Objects which are mass produced of standard
design such as banners, signs, playground equipment, benches, statuary,
street barriers, sidewalk barriers, or fountains;
3.
Reproduction, by mechanical or other means,
of original works of art, except in cases of film, video, photography,
printmaking, or other media arts;
4.
Decorative, architectural, or functional
elements which are designed by the building architect or landscape
architect as opposed to an artist commissioned for this purpose;
5.
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
6.
Landscaping required by this Ordinance
as part of the development entitlements.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
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:
1.
Artist fees;
2.
Labor of assistants, materials, and contracted
services required for the design, fabrication, and installation of
the public art;
3.
Any required permit or certificate fees
and reasonable business and legal costs directly related to the public
art;
4.
Reasonable art consultant fees, as established
in guidelines approved to implement the provisions of this Chapter;
5.
Communication and other indirect costs
(insurance, utilities associated with the creation but not the operation
of the public art, etc.);
6.
Transportation of the public art to the
site;
7.
Preparation of site to receive public art,
beyond that required for the development itself;
8.
Installation of the completed public art;
9.
Structures which enable the display of
the public art, such as platforms or pedestals, up to 5% of the total
public art contribution;
10.
Mountings, anchorages, containments,
or other materials necessary for installation of the public art; and
11.
Plaque identifying the public art,
as required by this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
Expenditures that are ineligible to be
counted toward the on-site public art contribution include the following
items:
1.
Promotional materials or activities for
the artist, the public art, the development, the developer or other
parties involved in the development project;
2.
Opening, dedication, or other event for
the public art, artist, or development;
3.
Developer's project management expenses
associated with the public art;
4.
Services, materials, utilities or other
expenses associated with the operation or maintenance of the public
art;
5.
Land costs or any other costs associated
with the development that are not part of and solely attributable
to the public art; and
6.
Illuminating the public art if not integral
to the design.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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 Chapter.
1.
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.
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 Chapter, and any associated
regulations or guidelines authorized by this Chapter.
1.
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.
2.
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.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The Commission shall render a written decision whether the proposed installation of on-site art work satisfies the requirements of this Chapter within 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 14 consecutive calendar days from the date that the decision is made in the manner provided in Section 9.37.130, Appeals. The decision of the City Council shall be final.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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 Chapter.
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 their 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 maintenance obligations of the property owner shall
be contained in a covenant and recorded against the property and shall
run with the property.
1.
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.
2.
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 another publicly accessible,
permanent location that is approved in advance by the Commission.
1.
A property owner may, for good cause, petition
the Arts Commission to replace or re-locate 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.
2.
If any approved art work placed on private
property pursuant to this Chapter is removed without City approval,
the certificate of occupancy may be revoked.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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 2 percent 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.
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.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
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 Chapter,
and any associated regulations or guidelines authorized by this Chapter.
B.
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 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 nonprofit 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 Chapter within ninety 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 14 consecutive calendar days from the date that the decision is made in the manner provided in Section 9.37.130, Appeals. The decision of the City Council shall be final.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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 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.
Timing 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.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
If the developer elects to install
on-site public art work in accordance with the requirements of this
Chapter, 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 art
work 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.
D.
Any other reasonable terms necessary to
implement the provisions of this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
No final City approval for any project
subject to this Chapter 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.
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 Chapter. 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 14 consecutive calendar days from the date that the decision is made in the manner provided in Section 9.37.130, Appeals.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
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 Chapter. This fund and the interest thereon
shall be maintained by the City Finance Director and shall be:
B.
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 priorities as
established by the City's adopted Cultural Master Plan.
C.
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.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Pursuant to this Chapter, 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 percent for on-site public art or cultural facilities, and one
percent 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 Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The City Manager, or designee, is
authorized to adopt administrative regulations or guidelines that
are consistent with and that further the terms and requirements set
forth within this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
