1.09.010 Intent and purpose
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 (part), 1986).
1.09.020 Definitions.
As used in this chapter: "Art work" 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 anymaterial 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.
"Project valuation" 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.
"Public place" 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. 1210 _ 1, 1991: Ord. 1119 _ 1 (part), 1986).
1.09.030 Requirement to provide art
work or pay in-lieu contribution.
When a project is subject to the requirement of this chapter, the
applicant shall comply with provisions of either subsection (a) or (b).
- 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.
- 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. 1210 _ 2, 1991: Ord.
1119 _ 1 (part), 1986).
1.09.040 Projects subject to art in public places
requirement.
a. The
requirements of this chapter shall apply to the following activities:
- New commercial or
industrial developments;
- Remodeling, repair
or reconstruction of existing commercial or industrial property which
exceeds two hundred twenty-five thousand dollars in expenditures;
- Residential
subdivision or development of more than fours lots or units, whether by
detached single family residential structures, condominiums,
apartments, townhouses or other dwelling units, including the repair,
remodeling or renovation of same, if such expenditures are to exceed
two hundred twenty-five thousand dollars;
- 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:
- Underground public
works projects
- Street or sidewalk
repairs
- Tree planting
- Remodeling, repair
or reconstruction of structures which have been damaged by fire, flood,
wind, earthquake or other calamity;
- Low-income housing
construction, remodel, repair, or reconstruction projects;
- Construction,
remodel, repair, or reconstructing of structures to be occupied by a
nonprofit, social service agency or institution.
(Ord. 1210 _ 3, 1991: Ord.
1119 _ 1 (part), 1986).
1.09.050 Processing.
The requirements and procedures for the processing of an art in public
places application shall be as follows:
- 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.
- The project applicant
shall submit to the department of community development a completed art
in public places application form.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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. 1210 _ 4, 1991: Ord.
1119 _ 1 (part), 1986).
1.09.060 Guidelines for art works.
a. Guidelines.
Guidelines for the approval and maintenance of art works shall include, but
are not limited to, the following criteria:
- The art works shall
be clearly visible and easily accessible to the public.
- 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.
- 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.
- 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.
- 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.
- The art work shall
be a permanent, fixed asset to the property.
- 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:
- Art objects which
are mass produced from a standard design.
- Reproductions of
original art works.
- 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.
- 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.
- Services or
utilities necessary to operate or maintain the art work.
(Ord. 1210 _ 5, 1991; Ord.
1119 _ 1 (part), 1986).
1.09.070 Art in public places fund.
- 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).
- 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.
- Permissible
Expenditures. Expenditures of funds may include, but are not limited to,
the following uses:
- The cost of art work
and its installation.
- Water works,
landscaping, lighting and other objects which are an integral part of
the art work.
- Frames, mats,
pedestals, and other objects necessary for the proper presentation of
the art work.
- Walls, pools,
landscaping or other architectural or landscape architectural elements
necessary for the proper aesthetic and structural placement of the art
work.
- Maintenance and
repair of art works funded through the art in public places fund.
- Administration.
- The art in public
places fund shall be administered by the city council.
- The arts commission
shall make recommendations to the city council concerning the purchase
or commissioning of art works, including
- places which should
be considered for art works;
- the medium of the
proposed art work; and
- the
artist whose work should be considered for placement in the
recommended location.
- Selection of artists
and art works shall be based on the guidelines set forth in Section
1.09.060.
- 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.
- On-site activity in
connection with the art work installation shall be coordinated by the
city manager or his/her designee.
- Maintenance and
repair of art works funded through the art in public places fund shall
be financed from that account.
- 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.
- Endowments. The art in
public places fund shall also be used as a depository for endowments,
bequests, grants or donations. Such sums may be expended as set forth in
subsection (c) above and for performing art exhibitions or displays as
approved by the city council.
(Ord. 1119 _ 1 (part), 1986).
|
