This Chapter is adopted pursuant to the City's planning, zoning and police powers and may be known and cited as the "City of El Segundo Cultural Development Ordinance." The intent of this Chapter is to promote the public arts in the City of El Segundo by creating a collection of visual artwork and providing artistic or cultural services, such as performing arts, literary art, media art, arts education, art events, and temporary artworks, by recognized artists, and of the highest possible quality, throughout the City, for the public's benefit. As of the effective date of this chapter, the City shall require that certain private developments use a portion of building development funds for the acquisition of publicly-accessible artwork, or pay to the City an in-lieu fee, as a condition of project approval.

(Ord. 1594, 11-19-2019)

This chapter shall apply to all commercial or industrial development projects where the project cost exceeds two million dollars ($2,000,000.00). Notwithstanding the foregoing, this chapter shall not apply to the following projects:

   A.   Any project which consists solely of rehabilitation work required for seismic safety or to comply with government mandates, including the Americans with Disabilities Act of 1990 regardless of valuation;

   B.   The reconstruction of structures which have been partially damaged or completely destroyed by fire, flood, wind, earthquake or other calamity;

   C.   Any project constructed by a government agency which is constructed on property exempt from taxation pursuant to Revenue and Taxation Code section 214;

   D.   Residential components of a mixed-use development project;

   E.   Commercial and industrial development projects, or portion(s) thereof, that are designed and dedicated to performing arts or museum spaces, so long as the performing arts or museum spaces are maintained within the building, provided the premises continue to be dedicated as such. Acceptable facilities include museums, theaters, performance arts centers, and other similar facilities.

(Ord. 1594, 11-19-2019)

   A.   When a project is subject to this Chapter, the applicant must either (a) commission or acquire and install new artwork in a location on or in the vicinity of the project site, with the appraised value of such artwork and any direct expenses as described herein being equal to or exceeding one percent (1%) of the project cost; or (b) pay to the City an amount equal to one percent (1%) of the project cost not to exceed one million dollars ($1,000,000.00).

   B.   For purposes of this section, direct expenses associated with the commission, acquisition or installation of the new artwork include:

      1.   Art valuation by public art consultant.

      2.   Consultation and direct administration of art selection and purchase, not to exceed ten percent (10%) of the art requirement.

      3.   Insuring the art, up to the time of installation.

      4.   Shipping or storage of the art, up to the time of installation.

      5.   Preparation of the site, and actual installation.

      6.   Other expenses, including waterproofing, lighting, structural engineering, and additional structural support.

   C.   Direct expenses shall not include maintenance of the installed artwork and indirect administrative costs.

   D.   Compliance with this section does not constitute a “public benefit” as that term is used in certain specific plans within the City, such as the Smoky Hollow Specific Plan. An applicant may, however, commission or acquire and install new artwork with an appraised value greater than this Chapter’s one percent (1%) of the project cost threshold, and such additional amount may be considered a “public benefit.”

   E.   The fee may be allocated between the provision of on-site art installations and the remittance of the remaining balance as an in-lieu fee.

(Ord. 1594, 11-19-2019; amd. Ord. 1671, 4-1-2025)

   A.   Whenever an applicant proposes a project that may be subject to the provisions of this Chapter, the Community Development Department must provide the applicant a copy of this Chapter and an application form.

   B.   All applicants subject to this Chapter must complete and sign an application form.

   C.   An applicant may elects to pay the in-lieu fee at any time prior to certificate of occupancy or final inspection.

   D.   If the applicant elects to provide public art, the following provisions apply:

      1.   If the applicant is not the property owner, the applicant must submit a letter from the property owner, in a form acceptable to the City, acknowledging the property owner’s understanding and acceptance of the property owner’s responsibilities under the Chapter.

      2.   In order to ensure integrated projects, applicants choosing to commission or acquire and install new artwork for their project shall submit an application for the public art plan to the City’s community services staff. The application will include preliminary plans that include the proposed location of the artwork and any other documents reasonably required pursuant to the guidelines promulgated by staff and approved by the City Manager.

      4.   The Arts and Culture Advisory Committee shall review the completed application for the public art plan and approve, approve with conditions, or deny the proposed artwork, and its proposed location, based on the “Standards for Artworks” outlined in section 15-34-5. The committee’s decision is subject to appeal pursuant to section 15-34-8.

      5.   No building permit shall be issued by the Community Development Department unless the applicant has executed an agreement committing the applicant to complying with this Chapter and submitting an application for the public art plan by a certain date.

      6.   No certificate of occupancy shall be issued by the Community Development Department unless and until (a) the application for the public art plan has been approved and the artwork has been installed and complies with this Chapter and (b) the property owner executes and records with the Los Angeles County Registrar-Recorder’s office, a covenant regarding the maintenance of the artwork, as required by section 15-34-7.

(Ord. 1594, 11-19-2019; amd. Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022; Ord. 1671, 4-1-2025)

   A.   Standards for the approval, siting, and installation of artworks shall include, but are not limited to, the following criteria:

      1.   The artwork shall be displayed in an area that is visible and accessible by the public, as defined in Chapter 15-1. The application shall include a site plan showing the location of the artwork, complete with landscaping, lighting and other appropriate accessories to complement and protect the artwork.

      2.   The composition of the artwork shall be of a permanent type of material in order to be durable against vandalism, theft, and weather and requiring a low level of maintenance.

      3.   The artwork shall be designed and constructed by an artist experienced in the production of such artwork and recognized by critics and by the artist's peers as one who produces works of art.

      4.   The artwork shall be permanently affixed to the property.

      5.   The artwork's concept and design must be compatible with the site's environment and function.

   B.   The following items are not to be considered as works of art:

      1.   Art objects which are mass produced from a standard design, such as playground equipment or fountain pieces;

      2.   Reproductions of original artworks, unless it is incorporated into an original artwork or a limited edition;

      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 artwork;

      4.   Landscape architecture and landscape gardening unless such elements are designed or approved by the artist and are an integral part of the artwork by the artist;

      5.   Services or utilities necessary to operate or maintain the artwork;

      6.   Directional elements such as super graphics, signs or color coding, except where these elements are integral parts of the original artwork or executed by the artist in unique or limited editions;

      7.   Artwork that incorporates logos, images, text or other elements that refer or relate to a business or organization's name, branding or marketing themes;

      8.   Architectural rehabilitation, historic preservation and structural building modifications.

(Ord. 1594, 11-19-2019)

   A.   The artwork installed on private property pursuant to this Chapter shall be and remain the property of the property owner.

   B.   Artwork installed on City property shall be the property of the City.

   C.   The artwork and its setting shall be maintained by the property owner in good repair and in a safe, functional, accessible, and clean condition, all in a manner acceptable to the City. Before the issuance of the certificate of occupancy for the project, the property owner shall execute and record with the Los Angeles County Registrar-Recorder's office, a covenant approved by the City Manager, and in a form approved by the City Attorney, providing, among other things that the property owner and its successor and assigns shall maintain the artwork as required by this section. The property owner may assign the obligations of this subsection to the applicant without having to first obtain the prior approval of the City.

   D.   In the event repair of the artwork is required, the artist who created it shall be given the first opportunity to do that work for a reasonable fee. In the event the artist is unable or unwilling to do so, the City or the property owner may proceed to contract for such repair with another qualified artist.

   E.   In the event the City declares the artwork a public nuisance pursuant to Chapter 7-1, the property owner must promptly abate the nuisance.

(Ord. 1594, 11-19-2019)

   A.   There is hereby created a fund to be known as the “Cultural Development Fund.” Any moneys collected in accordance with the provisions of this Chapter shall be deposited into the fund. The fund shall be administered by the City of El Segundo’s Chief Financial Officer.

   B.   The City Manager or designee shall provide an annual accounting to the City Council regarding the use of all fees collected and deposited in the Cultural Development Fund, including identification of all expenditures and balances during the prior fiscal year and recommendations for expenditures for the subsequent fiscal year.

   C.   The fund shall be used to provide art in public places in order to further the intent and purpose of this Chapter. Expenditures of funds shall be limited to the following uses:

      1.   For the design, acquisition, commission, installation, improvement, relocation, maintenance, conservation, restoration, utility charges, and insurance of artwork;

      2.   To sponsor or support artistic or cultural services;

      3.   For the City's costs of administering the Cultural Development Fund and associated programs.

   D.   The City Council may request the Arts and Culture Advisory Committee to make recommendations to City Council for expenditures from the Cultural Development Fund in accordance with this Chapter.

   E.   Endowments: The fund shall also be used as a depository for monetary endowments, bequests, grants or donations made for public arts purposes. Such sums may be expended as set forth in this Chapter. (Ord. 1594, 11-19-2019; amd. Ord. 1620, 11-17-2020)

Any person may seek review of a decision by the Building Official or the Arts and Culture Advisory Committee. Appeals of the Building Official's decision must be made pursuant to section 113.3 of the California Building Code, as amended by section 13-1-2 of this Code. Appeals of a decision of the Arts and Culture Advisory Committee must be made by filing a written appeal with the City Clerk's Office within ten (10) working days of the Committee's decision and pay an appeal fee. The City Council shall hold at least one (1) hearing on the Arts and Culture Advisory Committee's decision and the hearing shall be held within forty (40) calendar days of the appeal request. The City Council may affirm, reverse or modify a decision of the Committee and the decision of the City Council shall be final.

(Ord. 1594, 11-19-2019)

Administrative guidelines for implementation of this program shall be promulgated by staff and approved by the City Manager.

(Ord. 1594, 11-19-2019)

In addition to other fines or penalties provided by law, the City may revoke or suspend any discretionary permit granted to any applicant who violates any provision of this Chapter.

(Ord. 1594, 11-19-2019)