R 5358 RESOLUTION NO. 5358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING AMENDMENTS TO
THE PUBLIC ART GUIDELINES AND PUBLIC ART
DONATION PROGRAM AND FINDING THE ACTION NOT
SUBJECT TO CEQA
WHEREAS, in 2002 the City Council approved measures to promote art in the
community, establish a uniform process for the review and selection of public art on
public and private property that would be reflective of the community but limit City
Government involvement, and identify general guidelines and selection criteria to
promote creativity and freedom of expression, but also compatibility with the character
design and environment of the surrounding area; and
WHEREAS, in 2004 the City Council adopted a Resolution approving Public Art
Guidelines and an Ordinance incorporating them by reference into the Municipal
Code as part of the Design Guidelines and Standards for Mixed Use Districts; and
WHEREAS, in 2011 the City Council amended the Design Guidelines and
Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a
Public Art Donation Program; and
WHEREAS, the City Council amended the Public Art Guidelines and Public
Art Donation Program again in 2021; and
WHEREAS, at a study session on March 12, 2024, City Council directed staff to
amend the Public Art Guidelines and Public Art Donation Program to resolve
inconsistencies and improve the review process; and
WHEREAS, the City Council now desires to amend the Public Art Guidelines and
Public Art Donation Program as part of a proposed amendment to Arroyo Grande
Municipal Code Section 16.16.200;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
SECTION 1 That all recitals above are true, correct, and incorporated
herein.
SECTION 2. That the City Council of the City of Arroyo Grande hereby
adopts the Public Art Guidelines and Public Art Donation Program as
set forth in Exhibit "A" attached hereto and incorporated herein by this
reference as though set forth in full.
RESOLUTION NO. 5358
PAGE 2
SECTION 3. This action is not subject to the California Environmental
Quality Act ("CEQA") pursuant to State CEQA Guidelines sections
15060(c)(2) and 15061(b)(3). The activity is not subject to CEQA
because it will not result in a direct or reasonably foreseeable physical
change in the environment; and the activity is covered by the general
rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment.
SECTION 4. This Resolution shall take effect upon approval by the
City Council.
On motion of Council Member George, seconded by Council Member Secrest, and on
the following roll call vote, to wit:
AYES: Council Members George, Secrest, Barneich, Guthrie, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 14th day of May, 2024.
RESOLUTION NO.
PAGE 3
CAREN RAY ' U OM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
Alf I"'
ISAA+•RdS N, CITY • TTORNEY
RESOLUTION NO. 5358
PAGE 4
Exhibit A
Public Art Guidelines and Public Art Donc tic n Program
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Public Art Guidelines
&
Public Art Donation
Program
ADOPTED _________________
RESOLUTION NO. __________
CITY OF ARROYO
GRANDE
PUBLIC ART
Mural photo courtesy of Vivian Krug
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PUBLIC ART GUIDELINES
Purpose
The purpose of the Guidelines is to establish a framework to facilitate and
encourage property owners to provide outdoor public art. For the
purposes of these Guidelines, "Public Art" shall mean art located either:
(1) On private property with a non-residential land use that is visible
from a public right-of-way or public property; or
(2) In the adjacent public right of way; or
(3) On property owned or managed by the City of Arroyo Grande
(City), that is openly displayed to the public without charge.
Artwork may include free-standing pieces (e.g., a sculpture or water
fountain) or may be integrated into its surroundings as an architectural
element (e.g., relief sculpture embedded in pavement or a wall, a mosaic
or mural on a wall.)
These Guidelines establish the City's goals regarding art that is publicly
displayed and accessible to the public. The City recognizes that art and
artistic expression is a protected activity and these Guidelines are not
intended to unduly restrict creative expression or limit the types of public
art possible. Rather, they are intended to facilitate and encourage the
best possible combination of sites and artwork and help to guide what is
essentially a form of communication between the artist and the
community.
“The City recognizes that art and artistic expression is a
protected activity and these Guidelines are not intended to
unduly restrict creative expression or limit the types of public
art possible.”
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Applicability
These Guidelines are applicable to public art projects proposed:
(1) on private property with a non-residential land use that is visible
from a public right-of-way or public property; or
(2) in the adjacent public right of way; or
(3) on City property or City maintained property.
Public art proposed to be located on City property or City maintained
property is also subject to the Public Art Donation Program.
Proposal and Application
Public art proposals will require:
An application submitted to the Community
Development Department. Applications will be
made available on the Arroyo Grande website,
and a completed application is required for
eligibility and approval of proposed public art.
A recommendation of approval from the
Architectural Review Committee in accordance
with the Selection Criteria.
A decision by the City Council in accordance with
the Selection Criteria.
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Figure 1: Butterfly and the Hand (courtesy Nan Bowman)
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Application Review and Approval
Following an initial determination on the completeness of the application
by the Community Development Department, the Architectural Review
Committee (“ARC”) reviews all public art applications and makes a
recommendation to the City Council. The Selection Criteria, which both
ARC and the City Council will use to review applications, is discussed
below.
ARC will convene to make a recommendation to the City Council
regarding the public art application based on the Selection Criteria. ARC
may:
(1) Recommend approval of the project to the City Council: or
(2) Request the applicant make further clarification, modify, or
redesign the proposal before advancing the proposal to the
City Council in order to meet the Selection Criteria; or
(3) Request the applicant present a new concept or design for the
project; or
(4) Recommend rejection of the application due to
inconsistencies with the Selection Criteria.
At the conclusion of the ARC’s review of the proposal, the applicant may:
(1) Modify the proposal and return to ARC at a later date; or
(2) Advance the proposal to the City Council for review
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The City Council will schedule a public hearing to review the application
within 90 days of receiving ARC’s recommendation. At the hearing, the
City Council shall review any material submitted by the applicant, city
staff, the administrative record of the decision on the application, and
evidence presented at the hearing. The applicant shall be given a
reasonable time to present their case. The City Council shall use the
Selection Criteria as the basis for its decision. The City Council may:
(1) Request the applicant to clarify its proposal or redesign and
resubmit its proposal to ARC or City Council. If the City Council
requests that the applicant resubmit the proposal to ARC, the
resubmitted proposal shall be reviewed as if a new application;
or
(2) Approve the proposal, providing a written explanation of the
basis for approval through the Selection Criteria; or
(3) Deny the proposal, providing a written explanation of the basis
for denial through the Selection Criteria
All decisions of the City Council are final and conclusive.
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Figure 2: Diversity Sculpture (courtesy Vivian Krug)
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Selection Criteria
(1) Evaluation of artistic excellence, examining:
a. The artist’s qualifications, including: education, training,
experience, body of work, recognition of the artist, and the
consistency of the artist’s qualifications with the stated goals of
the project;.
b. The artist’s record of previous collaboration with other
agencies, organizations, artists, fabricators, or installers to
achieve a successful result in implementing the proposed
project;
c. The artist’s experience working in the public realm;
d. To the extent applicable, the artist’s previous proven successful
experience in creating, producing or otherwise implementing
projects similar to the one proposed;
e. The original nature of the proposed concept;
f. The inherent artistic quality and aesthetic merit of the work
(2) Appropriateness of scale, form, material, content and design relative
to the immediate neighborhood and environment; no mural shall be
approved if the mural, as proposed, would create an objective risk to
public health, safety, or welfare (e.g. a mural near a roadway would
be rejected for the use of reflective materials, like mirrors, which could
cause a distraction to drivers). Scale is defined as the relative size of
a building element in relation to other forms and the human body.
Form is the shape or configuration of the artwork;
(3) Appropriateness of proposed materials in regards to structural and
surface integrity. Materials should be considered in the context of
ability to deter against vandalism, withstand weathering, and
maintain the intended design;
(4) Ease of maintenance and longevity of the proposed materials;
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(5) Appropriateness of the proposed method of installation of the
artwork with consideration given to the safety and structural factors
involved in installation;
(6) Location, considering the intended audience for the proposal,
whether the public will be a captive audience or whether a person
would need to take affirmative steps to view the project.
Consideration shall be given to whether the mural would be in an
area typically accessed or viewable by minors.
(7) A mural shall not be approved if it includes:
a. Copyrighted work without permission of the holder of the
copyright.
b. Obscene materials.
c. Defamatory content.
d. Fighting words or advocates imminent lawless action.
e. Content, including but not limited to, words, symbols, signs,
trademarks, or references to products or services provided on
the premises. Such content meets the Arroyo Grande Municipal
Code (AGMC) definition for signage, as regulated by AGMC
Chapter 16.60.
(8) Public Art proposed in the D-2.4 Historic Character Overlay District is
also subject to the following criteria:
a. An identified relationship to the social, cultural and historical
identity of the area;
b. An identified relationship to the site's existing architectural
features;
c. The nature of the site's surrounding neighborhood and potential
impact of the public art project on residents, businesses, and
existing works of art or design elements within the site's vicinity.
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Location
Public art is allowed in all zoning districts and is strongly encouraged in the
Village Core Downtown, Village Mixed Use, Gateway Mixed Use, Fair Oaks
Mixed Use and Public/Quasi-Public Districts. Promotion of public art visible
from intersections within these districts as well as proximate to public
gathering areas, plazas and public parking areas is highly recommended.
Figure 3: Title (courtesy Vivian Krug)
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PUBLIC ART DONATION PROGRAM
Purpose
Public art can provide aesthetic, cultural and economic benefits to the
community. The City of Arroyo Grande Public Art Donation Program is a
means by which an artist, or an individual or group commissioning an artist,
may donate, gift or bequeath public art to the City of Arroyo Grande for
location in a City-owned or maintained public spaces. A Resolution of the
City Council accepting public art must include provisions for the funding
and ongoing maintenance of the donated public art. In authorizing public
art on City-owned or maintained public spaces, the City is providing a
forum for artistic expression aligned with the City’s history, culture, and built
and natural environment. As a nonpublic forum, the City will only accept
art which is consistent with the City’s values of cultural and social
inclusiveness, environmental sustainability, and accessibility.
Process
The following steps will result in the review and decision regarding a
proposal:
(1) The proposal shall be submitted to the Community Development
Department for review, and to determine the following:
a. General Plan consistency
b. Risk and safety considerations
c. Maintenance requirements
d. Durability
(2) The proposal will be reviewed by the Recreation Services
Department Director if placement is proposed on a park property.
(3) Recommendations will be considered by the City Council at a
Figure 3: Japanese Lantern
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public hearing concurrently with the consideration of the public
art piece(s). The City Council will have final approval of the
donation and may reject a donation for any reason.
Proposal
Proposals of public art donations should include:
(1) A completed application submitted to the Community
Development Department. Applications will be made available
on the Arroyo Grande website;
(2) The donor’s name;
(3) The materials and dimensions of the art piece(s);
(4) A statement from the donor that the art is free of encumbrances.
(5) Estimated value of donated work;
(6) Recommended manner of installation;
(7) Estimated costs to provide ongoing maintenance for the art; and
(8) A statement from the artist that the art is free of encumbrances
and waiving rights under the California Arts Preservation Act,
section 987 of the California Civil Code ("CAPA"), and the Visual
Artist Rights Act, section 106(a) of the United States Code ("VARA").
Display of Public Art
(1) The Resolution accepting the donation shall establish the terms of
the proposed installation.
(2) Artwork shall be displayed to include the artwork title, artist's
name, patron's name, if applicable, and date of completion. The
materials used and a short explanation of the work could be
included as an option. Plaques will not be used for advertising
purposes.
(3) Prior to installation of the project, the Community Development
Department shall receive from the artist or donor a set of plans,
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specifications, and a copy of a maintenance record, which
identifies maintenance, installation, and removal instructions. The
transportation, installation, and associated costs (such as
engineering, a base for the artwork or other installation elements)
related to artwork are the responsibility of the donor. In some
instances, the artist or donor may be required to obtain a building
permit to ensure the safety and stability of the piece(s). The permit
may be issued at no cost to the artist or donor.
(4) Once the art piece is installed (by the donor under the supervision
of City staff with the artist's installation direction and donor
installation funding), it will require inspection and sign off by a City
Building Inspector.
(5) Following inspection, a publicized dedication ceremony may be
held to present the art piece to the community.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5358 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 14th day of May, 2024.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 21st day of
May, 2024.
J SICA MATSON, CITY CLERK