Mammoth Lakes Municipal Code Ch. 15.18 Public Arts Fee and Program

(a) The purpose of the TOML public art program is to develop and maintain a visual arts program for the residents and visitors of Mammoth Lakes to add to the economic viability of the community; and to enhance the environment and unique character of Mammoth Lakes by providing for the acquisition and maintenance of quality works of public art.

(b) The town council finds and declares as follows:

(1) Cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting the TOML;

(2) Balanced development that includes cultural and artistic resources, preserves and improves the quality of the urban environment and increases real property values;

(3) As development and revitalization of the real property within the TOML continues, the opportunity to connect to the natural environment, history and culture through cultural and artistic resources must be maintained;

(4) As this development and revitalization continues as a result of market forces, urbanization of the community results and creates an impact on available arts which requires mitigation;

(5) As urbanization occurs, the need to develop alternative sources for cultural assets of the community is increased;

(6) Development of artistic assets should be financed by those who are developing and revitalizing the community to ensure a continued high quality of life and lasting economic viability in Mammoth Lakes;

(7) Establishment of this public art program will promote the general welfare through balancing the community's physical growth and revitalization and its cultural and artistic resources.

(Ord. 08-05 § 1(part), 2008: Ord. 08-02 § 1 (Exh. A (part)), 2008)

The TOML public art commission shall carry out the duties established by this chapter.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

For the purpose of this chapter:

Commission means the TOML public art commission.

Public art fund means a separate fund and account, which is established to receive monies collected for the designated purposes of the public art program.

Public art program means the program adopted by the town council of the TOML.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

(a) Creation. There is established a "public art fund" into which shall be deposited all funds collected under this chapter of the TOML municipal code and such other funds as may be appropriated by the town council or donated to the TOML for expenditures in conjunction with the public art program.

(b) Accounting. This fund shall be managed by the TOML finance director, with accounting records established to sufficiently identify and control these funds.

(c) Use of fund. The funds shall be used solely for the acquisition, installation, improvement, maintenance and insurance of artwork to be displayed in the town and the administration of the public art program.

(d) Permissible expenditures.

(1) The cost of artwork and its installation;

(2) The cost of purchase or lease of art sites;

(3) Waterworks, landscaping, lighting, infrastructure and other objects which are commissioned from an artist as an integral aspect of a structure or site or which are necessary for the property, aesthetic presentation and structural placement of the artwork;

(4) Frames, mats, pedestals, and other objects, which are necessary for the proper presentation of the artwork;

(5) Expenditures for maintenance and repair of artworks;

(6) Administrative expenses, including legal, to otherwise implement uphold or carry out any provision of this chapter;

(7) Works that are decorative, ornamental or functional landscape or architectural elements;

(8) Architectural rehabilitation or historical preservation of buildings.

(e) Ineligible expenditures.

(1) Reproductions of original work except limited editions;

(2) Unlimited editions of original work;

(3) Mass-produced art objects;

(4) Private art pieces.

(f) Endowments. The public art fund shall also be used as a depository for endowments, bequests, grants or donations.

(g) Replacement. For those artworks that have been purchased with monies from the public art fund or donated to the TOML, the town council may determine to sell or exchange existing artworks for replacement artworks. Any funds obtained from the sale of artwork shall be credited to the public art fund.

(Ord. 08-05 § 1(part), 2008: Ord. 08-02 § 1 (Exh. A (part)), 2008)

(a) Requirements. Except as provided in subsection (b) of this section, the requirements of this chapter shall apply to all works of construction and rehabilitation for which a building permit is required, including, but not limited to:

(1) New construction in the commercial, resort, specific plan and industrial zoning districts;

(2) Remodeling or reconstruction of existing buildings in the commercial, resort, specific plan or industrial zoning districts that results in the addition of habitable square footage or a change in use;

(3) New construction within a residential zoning district that results in two or more units, whether by detached single-family residential structures, condominiums, apartments, duplexes, townhouses or other dwelling units being built in the same tract by the same owner or developer.

(b) Exceptions. The requirements of this chapter shall not apply to the following entities or activities:

(1) Public projects undertaken by any agency of the TOML, the state, county, school district or any other governmental entity (including hospitals);

(2) Remodeling, repair or reconstruction of structures to comply with earthquake seismic safety code standards or which have been damaged by fire, flood, wind, earthquake or other calamity;

(3) Single-family dwellings and remodeling, repair or reconstruction of units in a residential zoning district;

(4) Nonprofit social service, religious institutions or cultural institution projects;

(5) Low and moderate income and restricted housing projects as defined by state law and Mammoth Lakes housing LLC;

(6) Workforce housing developments receiving TOML, state or federal assistance;

(7) Private educational institutions that provide general education equivalent to the public school system (kindergarten through college or any part thereof);

(8) Architectural rehabilitation or historical preservation of properties that are designated as class 1 historic sites by the town council.

(Ord. 08-05 § 1(part), 2008: Ord. 08-02 § 1 (Exh. A (part)), 2008)

(a) No final TOML approval, such as final inspection or a certificate of occupancy, for any project subject to this chapter shall be granted or issued unless and until full compliance with the public art program is achieved, in one or more of the following ways:

(1) The artwork has been approved in a manner satisfactory to the public art commission;

(2) In-lieu fees have been paid;

(3) Financial security in an amount equal to the acquisition and installation costs of an approved artwork, in a form approved by the TOML finance director, as been posted;

(4) An approved artwork has been donated and accepted by the public art commission.

(b) Full compliance with the public art program shall not be deemed to exist until the entire program allocation for the project, as defined in Section 15.18.070 of this chapter has been provided.

(Ord. 08-05 § 1(part), 2008: Ord. 08-02 § 1 (Exh. A (part)), 2008)

(a) The applicant shall be deemed to have satisfied his or her obligations under this chapter through the placement of artwork in a manner consistent with this chapter, valued at an amount equal to the program allocation.

(b) In-lieu of placement of an approved artwork, the applicant may, at his or her discretion, pay to the TOML for deposit into the public art fund an amount equal to the program allocation set forth in subsection D of this section.

(c) Fees are to be collected with respect to all projects prior to or at time of issuance of a building permit.

(d) The program allocation, as used in this chapter, is the percentage of the building valuation, which is set-aside for the TOML's public art program. The total building valuation shall be computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) unless, in the opinion of the community development director, a different valuation measure more accurately represents the value of the building. Excluding land acquisition and off-site improvement costs, the program allocation shall be an amount equal to the percentage of the total building valuation for an applicable project, as listed in this chapter:

(1) One percent for new commercial, office and industrial construction as those land use categories are defined in Resolution 07-26, as amended from time to time, known as the Development Impact Mitigation Fee Schedule;

(2) One percent for remodel or reconstruction of existing commercial, office or industrial property that results in the addition of habitable square feet or a change in use;

(3) One-half of one percent for new construction of two or more units of single-family nontransient, single-family transient, mobilehomes, multi-unit nontransient and multi-unit transient as those land use categories are defined in Resolution 07-26, as amended from time to time, known as the Development Impact Mitigation Fee Schedule.

(a) Nothing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocation; provided, that the applicant shall also pay to the public art fund the costs of acquisition and installation of such artwork. In other words, the public art fund shall be reimbursed for all expenditures associated with acquiring and installing a piece of art.

(b) Nothing in this section shall restrict the town council from waiving the requirements of this chapter, in whole or in part, with respect to any project otherwise subject to the provisions of this chapter, provided that the town council determines that the project applicant has entered into an agreement with the TOML providing for the applicant's acquisition and installation of artwork in connection with the development of the project which addresses the goals and aims of this chapter in a manner equally or more favorable to the TOML than would be achieved by strict compliance with this chapter. In such an event, the town council shall make findings to this effect on the basis of substantial evidence.

(Ord. 08-05 § 1(part), 2008: Ord. 08-02 § 1 (Exh. A (part)), 2008)

(a) Placement of art by applicant. The applicant shall place artwork in outdoor areas of the private property that are visible by the public a minimum of twelve hours per day. Interior spaces, including lobbies, courtyards, malls, and similar interior areas, may be eligible if they are accessible to the public a minimum of eight hours per day.

(b) Art purchased through public art fund. When selecting the location for art purchased through the public art fund, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, and similar locations. Lobbies, plaza, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

(a) Eligibility requirements for each project will be established by the public art commission. Specifically excluded are artworks done by students under the supervision of art instructors to satisfy course requirements and artists who are members of the public art commission. The following criteria shall be considered in the selection of artwork:

(1) Quality of the artwork;

(2) Media. All visual art forms may be considered, subject to limitations set by the selection jury or the public art commission;

(3) Style. Artworks of all schools, styles, and tastes should be considered for the TOML collection;

(4) Environment. Artworks and art places should be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they relate;

(5) Permanence. Consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, excessive maintenance, and repair costs;

(6) Elements of design. Consideration should take into account that public art, in addition to meeting aesthetic requirements, also may serve to establish focal points, terminate areas, modify, enhance, or define specific spaces, or establish identity;

(7) Diversity. The public art program should strive for diversity of style, scale, media, artists—including ethnicity and gender and equitable distribution of artworks and art places throughout the TOML.

(b) The following methods may be used to select artwork:

(1) Direct purchase. A completed work of art may be purchased for a specific project or location;

(2) Direct commission. An artist may be chosen directly by the PAC and/or paid to submit a proposal. Artists will be selected on the basis of their qualifications for a particular project and its probability;

(3) Limited competition. A small number of artists may be invited and/or paid by the PAC to submit proposals;

(4) Open competition. Any artist may apply subject to limitations established by the PAC. No proposal fee is paid to artists; however, a small number of finalists may be selected to submit details, models or plans for which a fee is paid.

(c) In selecting an artwork, the public art commission may appoint a selection jury of qualified persons. The jury shall be subject to the provisions of the Brown Act.

(d) Review by Department of Community Development. A Department of Community Development representative shall review the artwork and its placement and landscaping elements and may refer the artwork to the planning commission for approval, pursuant to the zoning ordinance.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

(a) Public artwork on public property. A maintenance program shall be established as part of the public art program fund. Procedures for custody, maintenance and conservation of artworks shall be established by the public art commission as well as a maintenance schedule. Specific instructions for care of each work shall be kept on file as part of the collection management. The public art commission will strive to include maintenance provisions in the artwork contracts stipulating the length of time (typically one year) the artist will be responsible for repairs, that urge artists to provide a maintenance manual, and that if otherwise allowed by law allow the artist first-refusal on repair contracts within a fair market rate of remuneration. Regular inspection-for-condition reporting shall be conducted so that the collection is maintained in the best possible condition as supervised by designated TOML personnel. When necessary, a conservation plan will be established prioritizing the work that is to be done.

(b) Private artwork on private property. The obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site. Art installed on or integrated into a construction project pursuant to the provisions of this chapter shall not be removed or altered without the approval of the public art commission. Artwork installed pursuant to this chapter shall be maintained as specified in the written agreement between the TOML and the private property owner with regard to that artwork. Maintenance of artwork, as used in this chapter, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the TOML, protection of the artwork against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism and other similar acts in an approved artwork, applicant and owner of the site shall execute and record a covenant in a form approved by the TOML for maintenance of the artwork. Failure to maintain the artwork as provided in this chapter is declared to be a public nuisance. If the artwork is not maintained in the manner prescribed, or is removed or altered without approval of the public art commission, in addition to all other remedies provided by law, the TOML may, upon reasonable notice, perform all necessary repairs, maintenance, secure insurance, or take such legal or other action deemed necessary to have the artwork maintained and if necessary, restored, and the costs therefore shall become a debt owed to the TOML by the owner of the site.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

Any artwork being placed on private property as part of the TOML's public art program shall be a one-of-a-kind piece. The TOML encourages applicants to submit an application prior to the development of the architect's schematic design. The requirements and procedures for the processing of a public art program proposal application (an "arts application") shall be as follows:

(1) Upon submission of a development project application for a project subject to the requirements of this chapter, the community development department shall provide to the project applicant a copy of this chapter and an arts application form;

(2) The project applicant shall submit to the community development department the completed arts application form, describing the manner in which the project applicant intends to comply with this chapter;

(3) The arts application shall include:

a. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork,

b. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs,

c. Preliminary plans containing such detailed information as may be required by the public art commission to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development (the artwork shall be an integral part of the landscaping and/or architecture of the building), including compatibility with the character of adjacent conforming developed parcels and existing neighborhoods if necessary to evaluate the proposal,

d. A narrative statement to demonstrate that the artwork will be displayed in an area open and freely available to the general public, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site; and

e. Maintenance factors required to insure its permanence.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

(a) The application for the proposed artwork and its placement will be considered at a monthly public meeting of the TOML's public art commission. A Department of Community Development representative will also review the artwork and its placement and landscaping elements, and may refer the application to the planning commission for approval pursuant to the zoning ordinance. Any changes, questions or recommendations shall be conveyed in writing to the applicant. The commission will determine when all issues have been addressed and accept or reject the artwork. The applicant will be notified in writing of the public art commission's decision.

(b) If the applicant proposes or the planning commission or town council recommends significant revisions to the architecture or physical design and layout of the proposed project subsequent to the receipt of the public art commission's approval, the application shall, if legally permitted, be returned to the public art commission for further review and recommendation concerning the revised proposal prior to final approval unless the town council otherwise directs.

(c) A contract between the TOML and the applicant spelling out all requirements, including insurance and maintenance, shall be executed prior to the TOML's formal acceptance of the applicant's art-in-lieu proposal.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

Artwork placed on the applicant's property by the applicant in satisfaction of the applicant's program requirement shall remain the property of the applicant.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

The prospective donor shall submit to the PAC:

(1) Sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork to be donated;

(2) Additional samples of artist's work other than the proposed donation;

(3) Background information on artist who created the proposed donation;

(4) Installation costs, if available;

(5) Maintenance factors required to insure its permanence.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)

The proposed donation will be considered at a monthly public meeting of the public arts commission. All details of the proposed donation, including the feasibility and expense of placing and caring for the work of art that will be considered. The commission will review and discuss the donation and will direct staff as to any questions to be asked of the donor or artist. A personal appearance by artist may be requested. The commission will determine when all issues have been addressed and accept or reject the artwork.

(Ord. 08-02 § 1 (Exh. A (part)), 2008)