Cultural and artistic resources enhance the quality of life
for individuals living in, working in, and visiting the city of Malibu.
Visually pleasing, high-quality public art contributes to a unique
sense of community and enriches the quality of life for residents
and visitors alike. Therefore, the city council declares that it is
in the public interest to require the incorporation of public artwork
into certain new or remodeled commercial, institutional, and multifamily
development projects.
(Ord. 382 § 4, 2014)
Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this chapter. In addition, except as provided in this chapter, the definitions contained in Sections
17.02.050 and
17.02.060 shall also govern the construction of this chapter.
"Art" or "artwork"
means an original work of a permanent nature in any variety
of media produced by an artist and which may include sculptures, murals,
photography and original works of graphic art, glass, mosaics, or
any combination or forms of media, furnishings or fixtures permanently
affixed to the building or its grounds, or a combination thereof.
Artwork shall not include decorative, ornamental or functional elements
designed by the architect, or other design consultant retained for
the design and construction of the subject building, or pieces that
are mass produced with a standard design such as fountains and statuary
objects.
"Public art"
means art or artwork intended for placement or installation
in a public place pursuant to the Art in Public Places Implementing
Guidelines.
"Public place"
means the exterior area on a public or private property within
the city, which is open, easily accessible and clearly visible to
the public.
"Total construction cost"
means the total valuation of the proposed structure and improvements
as calculated by the building official utilizing the most current
International Code Council cost estimator for new construction, and
actual contract bid price for remodels or reconstruction. Land costs
and off-site improvement costs are excluded.
"Value of art or artwork"
means the cost of the public art, as determined pursuant
to the Art in Public Places Implementing Guidelines, which must be
equal to at least two percent of the project's total construction
cost.
(Ord. 382 § 4, 2014)
When a project is subject to the requirements of this chapter,
the property owner shall comply with either subsection A or B of this
section prior to final inspection by the city of Malibu environmental
sustainability department or issuance of certificate of occupancy.
The obligations of subsections A and B of this section shall be binding
on the property owner's heirs, successors and assigns.
A. The
property owner shall acquire and install public art on the project
site, or an alternative site within and acceptable to the city, consistent
with the city's Art in Public Places Implementing Guidelines. The
cost of the public art, as determined pursuant to the Art in Public
Places Implementing Guidelines, shall be equal to at least two percent
of the project's total construction cost.
B. In-lieu
of placement of public art, the property owner may alternatively pay
a public art contribution into the public art fund, which shall be
equal to at least one percent of the project's total construction
cost.
(Ord. 382 § 4, 2014)
Public art placed or installed pursuant to this chapter shall be permanently maintained by the property owner, unless the approval explicitly excludes maintenance, and shall not be removed, altered or relocated without obtaining prior written approval from the city pursuant to the Art in Public Places Implementing Guidelines. A violation of this section is subject to the provisions of Chapters
1.08,
1.10 and
1.12.
(Ord. 382 § 4, 2014)