This chapter may be known and cited as the "Laguna Beach art
in public places program." Laguna Beach has developed historically
as an art colony and haven for artists, and attracts millions of visitors
every year to view and purchase arts and crafts in the city. The public
health, morals, safety and welfare, as well as the popularity and
prosperity of the community, are dependent upon and enhanced by visually
pleasing and high quality public art. Therefore, the city council
declares that in the interest of the public health, morals safety
and welfare, it is the policy of the city to require the acquisition
and installation of public art works as provided in this chapter.
(Ord. 1119 § 1, 1986)
As used in this chapter:
means original creations of art including, but not limited
to, the following media and materials:
Freestanding, wall supported or suspended, kinetic, electronic,
or other type sculpture, in any material or combination of materials;
Murals or portable paintings in any material or combination
of materials, with or without collage or the addition of nontraditional
materials or means;
Earthworks, fiberworks, neon, glass, mosaics, photographs, prints,
calligraphy, any combination of forms of media including sound, film,
holographic and video systems, hybrids of any media and new genres.
means the total value of the development project as determined
by the community development department and indicated by the building
official on the building application submitted to the department in
order to obtain a building permit, or permits, for the development
project. Where a project involves the subdivision of land for which
no improvements are planned by the project applicant, "project valuation"
shall be determined on the basis of the fair market value of the subdivided
lots.
means any exterior area on public or private property which
is easily accessible and clearly visible to the general public. If
located on private property, the area must be open to the general
public and clearly visible from adjacent public property such as a
street or other public thoroughfare, sidewalk, or public beach.
(Ord. 1119 § 1, 1986; Ord. 1210 § 1, 1991)
When a project is subject to the requirement of this chapter,
the applicant shall comply with provisions of either subsection (a)
or (b).
(a)
The
project applicant shall acquire and install an art work in a public
place on or in the vicinity of the project site as approved by the
city council pursuant to this chapter. As a guide, the cost or value
of such work should be equal at least to one percent of the total
project valuation.
(b)
In Lieu Contribution. In lieu of acquiring and installing an art work, project applicants may contribute funds to the art in public places fund established pursuant to Section 1.09.070 equal to one and one quarter percent of the total project valuation. The in lieu fee shall be paid by the project applicant at the time of final subdivision map approval or issuance of a certificate of occupancy, as may be applicable, unless otherwise provided by the city council. Project applicants shall indicate on their art in public places application that they wish to make an in lieu contribution.
(Ord. 1119 § 1, 1986; Ord. 1210 § 2, 1991)
(a)
The requirements of this chapter shall apply to the following
activities:
(1)
New commercial or industrial developments;
(2)
Remodeling, repair or reconstruction of existing commercial
or industrial property which exceeds two hundred twenty-five thousand
dollars in expenditures;
(3)
Residential subdivision of more than four lots or units, whether
by detached single family residential structures, condominiums, apartments,
townhouses or other dwelling units.
(4)
City parks and public works projects such as bridges, viaducts,
elevated ways, gates, or other structures upon or over land owned
by the city of Laguna Beach within the city if such expenditures are
to exceed two hundred twenty-five thousand dollars.
(b)
Exceptions. The requirements of this chapter shall not apply
to the following activities:
(1)
Underground public works projects;
(2)
Street or sidewalk repairs;
(3)
Tree planting;
(4)
Remodeling, repair or reconstruction of structures which have
been damaged by fire, flood, wind, earthquake or other calamity;
(5)
Low income housing construction, remodel, repair, or reconstruction
projects;
(6)
Construction, remodel, repair, or reconstructing of structures
to be occupied by a nonprofit, social service agency or institution.
(Ord. 1119 § 1, 1986; Ord. 1210 § 3, 1991; Ord. 1700, 6/11/2024)
The requirements and procedures for the processing of an art
in public places application shall be as follows:
(a)
Upon
submission of a project application subject to the requirement of
this chapter, the department of community development shall provide
to the applicant a copy of this chapter and an art in public places
application form.
(b)
The
project applicant shall submit to the department of community development
a completed art in public places application form.
(c)
The
community development department shall forward a copy of the building
permit and the art in public places application form, including the
valuation of the project used by the community development department
to determine building permit fees, to the staff liaison to the arts
commission.
(d)
An
initial presentation shall be made to the arts commission within sixty
days of the city's acceptance of the art in public places application
form as complete. To the maximum extent possible, processing of the
art in public places application shall be concurrent and coordinated
with the design review application, if any, for the development project.
The purpose of this initial presentation shall be to introduce the
development project to the arts commission and to propose concepts
and plans for a public art project.
(e)
Once
the project applicant receives conceptual approval from the arts commission,
a final application form shall be submitted by the applicant, including
specific plans for the public art project, and such final application
shall be presented to the arts commission for review and decision.
The arts commission is empowered to modify the plans presented by
recommending conditions of approval to the city council.
(f)
Formal
approval or conditional approval of a final application shall be granted
by the arts commission before the department of community development
accepts drawings for structural plan check of the development project.
A permit compliance form will serve as evidence of formal approval
and shall be submitted as part of the plan check process. In the discretion
of the arts commission, and upon a showing of good cause by the project
applicant, drawings for structural plan check may be accepted and
processed prior to formal approval or conditional approval of a final
application.
(g)
The final art in public places application shall then be submitted to the city council for action. The city council shall approve, conditionally approve or deny the application based upon the guidelines set forth in Section 1.09.060.
(h)
When
the project applicant has elected to acquire and install an art work,
the building permit for the development project shall not be issued
until the city council has approved the art in public places application,
and the certificate of occupancy shall not be issued until the approved
work of art has been installed.
(i)
When
the project applicant has elected to make an in lieu contribution
to the art in public places fund, the certificate of occupancy shall
not be issued until such contribution has been paid.
(Ord. 1119 § 1, 1986; Ord. 1210 § 4, 1991)
(a)
Guidelines.
Guidelines for the approval and maintenance of art works shall include,
but are not limited to, the following criteria:
(1)
The art works shall be clearly visible and easily accessible to the
public.
(2)
The art in public places application shall include a site plan showing
the location of the art work, complete with landscaping, lighting
and other appropriate accessories to complement and protect the art
work.
(3)
The composition of the art work shall be of permanent-type of materials
in order to be durable against vandalism, theft and weather, and in
order to require a low level of maintenance.
(4)
The art work shall be related in terms of scale, material, form and
content to immediate and adjacent buildings and landscaping so that
it complements the site and surrounding environment.
(5)
The art work shall be designed and constructed by persons experienced
in the production of such art work and recognized by critics and by
his or her peers as one who produces works of art.
(6)
The art work shall be a permanent, fixed asset to the property.
(7)
The art work shall be maintained by the property owner in a neat
and orderly manner acceptable to the city.
(b)
The
following items are not to be considered as art works:
(1)
Art objects which are mass produced from a standard design.
(2)
Reproductions of original art works.
(3)
Decorative, ornamental or functional elements which are designed
by the building architect as opposed to an artist commissioned for
the purpose of creating the art work.
(4)
Landscape architecture and landscape gardening except where these
elements are designed or approved by the artist and are an integral
part of the art work by the artist.
(5)
Services or utilities necessary to operate or maintain the art work.
(Ord. 1119 § 1, 1986; Ord. 1210 § 5, 1991)
(a)
Accounting. Any moneys collected in accordance with the in lieu contribution provisions of this chapter shall be deposited in a separate account denominated as the "art in public places fund." The city manager or his/her designee shall establish accounting records sufficient to identify and control these funds. The account containing these funds shall earn interest and the earned interest shall be used for and be subject to the same restrictions established in subsection (b).
(b)
Use of Fund. The art in public places fund shall be used to provide sites for, and works of art in, public places in order to further the intent and purpose of this chapter as set forth in Section 1.09.010.
(c)
Permissible
Expenditures. Expenditures of funds may include, but are not limited
to, the following uses:
(1)
The cost of art work and its installation.
(2)
Water works, landscaping, lighting and other objects which are an
integral part of the art work.
(3)
Frames, mats, pedestals, and other objects necessary for the proper
presentation of the art work.
(4)
Walls, pools, landscaping or other architectural or landscape architectural
elements necessary for the proper aesthetic and structural placement
of the art work.
(5)
Maintenance and repair of art works funded through the art in public
places fund.
(d)
Administration.
(1)
The art in public places fund shall be administered by the city council.
(2)
The arts commission shall make recommendations to the city council
concerning the purchase or commissioning of art works, including (A)
places which should be considered for art works; (B) the medium of
the proposed art work; and (C) the artist whose work should be considered
for placement in the recommended location.
(3)
Selection of artists and art works shall be based on the guidelines set forth in Section 1.09.060.
(4)
The city will contract with the artist and with consultants as necessary
for the purchase or commissioning as well as the execution and installation
of the art work.
(5)
On-site activity in connection with the art work installation shall
be coordinated by the city manager or his/her designee.
(6)
Maintenance and repair of art works funded through the art in public
places fund shall be financed from that account.
(7)
So far as is practical, in the event repair of the art work is required,
the city shall first give the artist the opportunity to do that work
for a reasonable fee. In the event the artist is unable or refuses
to make the repair for such a fee, the city may proceed to contract
for such repair with another qualified artist.
(Ord. 1119 § 1, 1986)
