Chapter 17.59 — ART IN PUBLIC PLACES

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.

"Art in Public Places Implementing Guidelines" means those procedures, guidelines, and requirements adopted by the city council for the selection, approval, acquisition, and installation of public art.

"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)

• A. The provisions of this chapter shall apply to the following qualifying development projects, unless the exceptions or exemptions in subsections B and C of this section apply:

  1. New commercial or institutional development, excluding city and public school projects, when the total construction cost exceeds $250,000.

  2. Remodel or reconstruction of an existing commercial or institutional development, excluding city and public school projects, when the total construction cost exceeds $250,000.

  3. New multifamily residential development, with four or more units and abutting a public or private street, which is open to the public, when the total construction cost exceeds $250,000.

  4. Remodel or reconstruction of an existing multifamily residential development, with four or more units and abutting a public or private street, which is open to the public, when the total construction cost exceeds $250,000.

• B. Exceptions. The requirements of this chapter shall not apply to the following activities:

  1. Repair or maintenance activities that do not result in an addition to, or enlargement of the structure or structures being repaired or maintained.

  2. The reconstruction of any structure destroyed by natural disaster provided the replacement structure complies with all of the following:

     • a. It is for the same use and occupancy as the destroyed structure; and

     • b. It does not exceed the floor area, height, or volume of the destroyed structure by more than 10%;

     • c. It is sited in the same location on the property as the destroyed structure.

  3. The remodel or reconstruction of any development that has already provided public art in accordance with this chapter.

• C. Exemptions. The following categories of projects shall not be subject to this chapter.

  1. Projects having a fully executed development agreement or a vesting tentative map approved prior to the effective date of this chapter.

2. Projects for which a building permit was issued prior to the effective date of this chapter.

(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)

• A. The city council, by resolution, shall establish procedures, guidelines and requirements for the selection, approval, acquisition, placement, installation and maintenance of public art required by this chapter in the Art in Public Places Implementing Guidelines.

• B. Nothing contained in this chapter, or in any procedure promulgated hereunder, shall be construed so as to conflict with, or authorize any activity that is in violation of, any applicable local, state or federal law, rule, regulation or ordinance.

• (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)

• A. In-lieu public art contributions collected pursuant to this chapter shall be paid to the city and deposited in the city's public art fund.

• B. The city shall maintain a separate accounting of funds received pursuant to this chapter.

• C. Funds collected pursuant to this chapter may only be used to acquire, place or install, and maintain public art throughout the city pursuant to the Art in Public Places Implementing Guidelines.

• (Ord. 382 § 4, 2014)