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)
