CC 2024-03-12_12b Study Session Public Art GuidelinesItem 12.b.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Study Session on Revisions to Public Art Guidelines, Public Art
Donation Program, and Arroyo Grande Municipal Code Relating to
Murals
DATE: March 12, 2024
SUMMARY OF ACTION:
The purpose of this study session is to provide the City Council with an opportunity to
review and provide direction regarding potential amendments to the Arroyo Grande Public
Art Guidelines (“Guidelines”), Public Art Donation Program, and Arroyo Grande Municipal
Code as it relates to murals.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Amendments to regulations relating to permits for public art requires staff time to review
the amendments, prepare staff reports, and present the changed regulations to Council.
RECOMMENDATION:
1) Conduct a study session on potential amendments to the Guidelines, Public Art
Donation Program, and Arroyo Grande Municipal Code with respect to public art; and
2) Provide direction to staff on potential amendments.
BACKGROUND:
In 2002, the City Council approved an Art in Public Places Program and process. The
Program and process were prepared with the assistance of the San Luis Obispo County
Arts Council, and an Art Donation Program was approved by the City Council in 2006. In
2011, the Art in Public Places Program was renamed to the Guidelines and was amended
to apply to public art projects on private property. During this update, public art on private
property was defined as art that is displayed in an open area that is freely available to the
general public or where public accessibility is provided based upon the characteristics of
the artwork or its placement on the site.
On October 12, 2021, the Guidelines were again amended to narrow the application of
the Guidelines to public art proposals on non-residentially zoned property. Public art on
privately owned residential property was removed from the Guidelines to avoid any
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Item 12.b.
City Council
Study Session on Revisions to Public Art Guidelines, Public Art Donation Program,
and Arroyo Grande Municipal Code Relating to Murals
March 12, 2024
Page 2
confusion regarding the fact that residential property was excluded. In addition, clerical
changes were made to account for changes to the City’s advisory bodies and those that
provide consultation to the Council on public art projects. Updates to the Guidelines
changed the body making advisory recommendations to the City Council from the San
Luis Obispo County Arts Council to Arroyo Grande Public Art (“AGPA”). Lastly, the
Guidelines established a seven (7) member Public Art Panel for the purpose of approving
proposed art projects. The current adopted Guidelines have been included as Attac hment
1.
In addition to the Guidelines, Arroyo Grande Municipal Code (AGMC) Section 16.16.200
establishes a process for the review and approval of murals. This Code Section
authorizes the Community Development Director (Director) to approve mural
applications, with a recommendation from the Architectural Review Committee (ARC).
This review criteria differ from the criteria contained in the Guidelines, which creates an
inconsistency between the two processes. Currently, AGMC Section 16.16.200 and the
Guidelines would each apply to an application for a mural.
The Guidelines, as updated in Attachment 1, are intended to provide Council with an
option for consideration, but the draft Guidelines will be modified consistent with Council’s
direction following this study session.
ANALYSIS OF ISSUES:
Purpose
The Guidelines are intended to facilitate and encourage outdoor public art on City
property, in the public right of way, or on private property with non-residential uses that is
visible from the public right-of-way. The purpose of proposing amendments to the
Guidelines is to 1) resolve internal consistency within the Guidelines and resolve
inconsistency between the Guidelines and the AGMC; and 2) provide more objective
design criteria to guide those applying for a permit and reviewing bodies when evaluating
applications for public art.
Review Process Under Existing Public Art Guidelines
In accordance with the existing Guidelines, public art projects shall be reviewed by the
City Council, with community input as part of a public hearing, and ultimately approved
by the Public Art Panel. This existing process creates inefficiency, as both the Guidelines
and the AGMC each provide two different processes for review and approval of mural
applications.
Staff’s proposed revisions to the Guidelines establish a streamlined application and
review process for public art proposals, without requiring a public hearing. The goal of
this streamlined process is to promote and encourage public art in the City. The
suggested updates also maintain impartiality and objectivity, and provides clear guidance
to applicants and those responsible for reviewing applications on selection criteria . Staff
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Item 12.b.
City Council
Study Session on Revisions to Public Art Guidelines, Public Art Donation Program,
and Arroyo Grande Municipal Code Relating to Murals
March 12, 2024
Page 3
evaluated the public art review process from several cities with more robust programs,
which influenced the proposed update. Under the proposed Guidelines, an application for
public art would be submitted to the Community Development Department and would
include such items as a description of the proposal, location, colors, materials,
dimensions, installation details, and a statement from the property owner approving th e
proposed artwork. The proposal would be reviewed by the ARC for compliance with the
selection criteria contained in the Guidelines with the purpose of making a
recommendation to the Director. The revised selection criteria are described in greater
detail below. The Director would be responsible for approving public art applications, and
decisions of the Director could be appealed directly to the City Council. In this revised
process, the Public Art Panel would be dissolved, and AGPA would not be part of the
City’s review process.
Some cities include a separate Civic Arts Commission or Public Arts Commission to
review public art, with members chosen by the City Council. In the draft Guidelines, the
ARC has been made the body responsible for review since the ARC already consists of
members appointed by the City Council. A separate advisory body is likely unnecessary
because of the infrequency of public art proposals within the city and the ability of ARC
to serve this function given its experience evaluating architectural design elements.
The Public Art Donation Program meanwhile authorizes the City to accept a gift or
donation of public art on public property. The City retains full discretion over whether or
not to accept the art, with initial review by the Community Development Department. The
City Council would have final decision-making authority over whether or not the approve
or reject the donation of art.
Ordinance Amendments
Any update to the Guidelines will also require amending the Mural Permit section within
the AGMC to reference the Guidelines. This amendment will require a Planning
Commission hearing per AGMC Section 16.16.040, as well as appropriate noticing. There
will also need to be a public hearing for the City Council to consider the amendment. As
referenced above, the Guidelines would require a public art application, which would
include a checklist of the requirements to apply for public art (Attachment 2).
The proposed update recommends that AGMC Section 16.16.200 – Mural Permits be
amended to apply more generally to public art, reference the public art guidelines, and
note that a copy is on file with the Community Development Department and City Clerk.
Current Selection Criteria
The following criteria are currently used in the evaluation of an application for public art:
1. Relationship to the social, cultural, and historical identity of the area. If the public
art is proposed to be located in the Village Core Downtown or Village Mixed Use
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Item 12.b.
City Council
Study Session on Revisions to Public Art Guidelines, Public Art Donation Program,
and Arroyo Grande Municipal Code Relating to Murals
March 12, 2024
Page 4
Districts, the art piece shall be representative or evocative of the turn of the century
historical period;
2. Evaluation of artistic excellence;
3. Appropriateness of scale, form, material, content and design relative to the
immediate and general neighborhood;
4. Relationship to the social, cultural and historical identity of the area;
5. Appropriateness of proposed materials as regards t o structural and surface
integrity, protection against vandalism, public safety and weathering;
6. Ease of maintenance;
7. Appropriateness of proposed method of installation of artwork and safety and
structural factors involved in installation;
8. Artist’s experience in working on comparable projects.
These review criteria have been used to evaluate public art in the past. The criteria are
recommended to be replaced with additional, more robust reviewing criteria as below.
The proposed criteria will provide additional guidance to those responsible for reviewing
applications.
Proposed Selection Criteria
1. An identified relationship to the social, cultural, and historical identity of the area;
2. 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 oth er agencies,
organizations, artists, fabricators, 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.
3. 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);
4. Appropriateness of proposed materials as regards to structural and surface
integrity, considering the ability of the materials and design to protect against
vandalism, withstand weathering, and maintain the intended design;
5. Ease of maintenance and longevity of the proposed materials;
6. Appropriateness of proposed method of installation and artwork and safety and
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Item 12.b.
City Council
Study Session on Revisions to Public Art Guidelines, Public Art Donation Program,
and Arroyo Grande Municipal Code Relating to Murals
March 12, 2024
Page 5
structural factors involved in installation;
7. 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 of whether the m ural would be in an area typically
accessed or viewable by minors;
8. 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, which makes
it a sign, as defined in AGMC Section 16.04.070, and regulated under
AGMC Chapter 16.60.
The proposed criteria are designed to give additional clarity as to requirements for
application approval.
Village-Specific Standards
The proposed selection criteria are intended to be used for public art citywide. Staff
recognizes that the City Council may be interested in having Village-specific public art
standards, where the concerns for maintaining the historic character of the area are more
pronounced. If directed, staff can include additional criteria to the Village.
Applicability of the Guidelines
The Guidelines currently apply to public art proposed on City property, in the public right
of way, and on private property with a nonresidential land use that faces a public right-of-
way or public property. The proposed updates clarify this applicability by stating that the
Guidelines will apply to public art on private property with a nonresidential land use that
is visible from a public right-of-way or public property, with the understanding that the
Council may be interested in applying more robust selection criteria for areas in the
Village.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Conduct a study session on the draft Public Art Guidelines, Public Art Donation
Program and Arroyo Grande Municipal Code amendments related to murals, and
provide direction to staff on the following:
Approval or modification of the proposed review process for public art;
Acceptance or modification of the proposed selection criteria;
Direction on whether to include Village-specific selection criteria;
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Item 12.b.
City Council
Study Session on Revisions to Public Art Guidelines, Public Art Donation Program,
and Arroyo Grande Municipal Code Relating to Murals
March 12, 2024
Page 6
Acceptance or modification of language specifying that the guidelines apply
to private property with a non-residential land use for public art that is visible
from a public right-of-way or public property; or
2. Provide other direction to staff.
ADVANTAGES:
A study session regarding potential amendments to the Public Art Guidelines, Public Art
Donation Program and Arroyo Grande Municipal Code amendments related to murals
provides an opportunity to improve consistency in the Guidelines and spur additional
public art in the city by improving the permitting process.
DISADVANTAGES:
No disadvantages are identified related to having a study session regarding public art.
ENVIRONMENTAL REVIEW:
This study session itself does not constitute a “Project” under California Environmental
Quality Act (CEQA) Guidelines Section 15378. Staff will carefully evaluate any future
amendments to the Public Art Guidelines, Public Art Donation Program, or ordinance and
conduct the appropriate level of CEQA review prior to returning to Council with any
proposed amendments.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Draft Public Art Guidelines
2. Sample Public Art Application
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ATTACHMENT 1
CITY OF ARROYO GRANDE PUBLIC ART
Public Art Guidelines
&
Public Art Donation Program
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PUBLIC ART GUIDELINES
Purpose
The purpose of these Guidelines is to create a framework to facilitate and encourage property owners to
provide outdoor public art. For 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
general 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.
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, and
(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:
(1) Community meeting – The applicant shall host at least one community meeting. The applicant
must provide public notice of the meeting and provide documentation of the meeting(s) with
the application. The discussion at the meeting is advisory only and is not binding on the
applicant.
(2) 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.
(3) A recommendation of approval from ARC and an approval from the Community Development
Director1, in accordance with the Selection Criteria as described below.
Application Review and Approval
Following an initial determination on the completeness of the application by the Community Development
1 The Community Development Director may designate one or more persons to make any decisions or findings
required of the Community Development Director under these Guidelines.
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Department, the Architectural Review Committee (“ARC”) reviews all public art applications and makes a
recommendation to the Community Development Director. The Selection Criteria, which both ARC and
the Community Development Director will use to review applications, is discussed in its own section
below.
ARC will convene to make a recommendation to the Community Development Director as to the public
art application based on the Selection Criteria. ARC may:
(1) Recommend approval of the project to the Community Development Director,
(2) Request the applicant make further clarification, modify, or redesign the proposal before
advancing the proposal to the Community Development Director in order to meet the
Selection Criteria,
(3) Request the applicant present a new concept or design for the project, or
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 choose to either (1) modify the
proposal and return to ARC at a later date, or (2) the applicant may choose to advance the proposal to the
Community Development Director for review.
The Community Development Director will provide a decision on the application no later than one month
from the date review is requested. The Community Development Director will make a decision as to the
proposal using the Selection Criteria. The Community Development Director may:
(1) Ask ARC for clarification on its analysis of the Selection Criteria,
(2) Request the applicant to clarify its proposal or redesign and resubmit its proposal to ARC or
Community Development Director . If the Community Development Director requests that
the applicant resubmit the proposal to ARC, the resubmitted proposal shall be reviewed as if
a new application,
(3) Approve the proposal, providing a written explanation of the basis for approval through the
Selection Criteria, or
(4) Deny the proposal, providing a written explanation of the basis for denial through the
Selection Criteria.
The determination of the Community Development Director shall be final unless the decision is appealed
as provided below.
Appeal
The applicant, the City Council, or any property owner within 300 feet of the property on which the public
art is to be located may appeal the decision of the Community Development Director to the City Council,
pursuant to the procedures below. Until resolution of the appeal, action on the application shall be
suspended.
To appeal a decision, the appellant must file a written request with the City Clerk within 10 days of
notification of the decision of the Community Development Director and submit any materials supporting
the appeal. The City Council shall hear the appeal within a reasonable time from the date the appeal is
filed with the City Clerk. The applicant shall be given at least 10 days’ notice of the date when City Council
will hear the appeal by mail. The applicant may waive the notice requirement so that the appeal may be
heard at an earlier time.
At the hearing, the City Council shall review any material submitted by the applicant, city staff, the
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administrative record of the decision on the application, and evidence presented at the hearing. The
applicant shall be given a reasonable time to present its case. The City Council shall use the Selection
Criteria in deciding the issues raised by the applicant on appeal. All decisions of the City Council are final
and conclusive.
Following the hearing, the City Council shall announce its findings and decision. A written decision with
the findings made during the hearing shall be transmitted to the applicant.
Selection Criteria
The following are considerations for the selection of public art (the “Selection Criteria”):
(1) An identified relationship to the social, cultural and historical identity of the area;
(2) 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, 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.
(3) 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).
(4) Appropriateness of proposed materials as regards to structural and surface integrity,
considering the ability of the materials and design to protect against vandalism, withstand
weathering, and maintain the intended design;
(5) Ease of maintenance and longevity of the proposed materials;
(6) Appropriateness of proposed method of installation and artwork and safety and structural
factors involved in installation;
(7) 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 of whether the mural would be in an area typically accessed or
viewable by minors.
(8) 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, which makes it a sign, as defined in Arroyo
Grande Municipal Code Section 16.04.070, and regulated under Arroyo Grande Municipal
Code Chapter 16.60.
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Location
Public art is allowed in any district 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.
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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 nonpublic 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 to review it to:
a. Determine ongoing and General Plan consistency, accuracy and appropriateness.
b. Ensure it would not create an undue risk or a safety problem.
c. Consider maintenance requirements.
d. Determine durability.
2. The proposal will be reviewed by the Recreation Department Director if placement is proposed
on a park property.
3. Recommendations will be considered by the City Council at a 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 with a public art donation should include:
1. 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 donation;
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
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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, specifications, and a copy of a maintenance record, which
identifies maintenance, installation and removal instructions. The transportation, installation and
adjunct 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.
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Applicant/Representative: I reviewed this application and the information is accurate to the best of my knowledge.
Signed Title Date
SAMPLE PUBLIC ART APPLICATION
300 East Branch Street, Arroyo Grande, CA 93420 (805) 473-5420
Applicant name________________________________________________________________________________________
Address of subject property______________________________________________________________________________
Assessor’s Parcel Number (APN)__________________________________________________________________________
Phone ______________________ Email ______________________Artist or Donor’s Name __________________________
Title of Work __________________________________________________________________________________________
Description of the art piece(s) ____________________________________________________________________________
Artist’s Statement (or attach separately) ____________________________________________________________________
._____________________________________________________________________________________________________
._____________________________________________________________________________________________________
Materials _____________________________________________________________________________________________
Size of Work ___________________________________________________________________________________________
Intended Public Location (Map Recommended) ___________ Estimated Value of Donated Work _____________________
Recommended Manner of Installation ______________________________________________________________________
Estimated Maintenance Cost ______________________________________________________________________________
Items to Provide Separately:
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").
A statement from the property owner approving of the proposed artwork and agreement by the applicant to keep the art
on the premises for at least a two year period. Agreement by the property owner to provide any notice required to the
artist under CAPA or VARA prior to removal of the public art.
Statement from the donor and artist that the art is free of encumbrances.
A statement from the artist and property owner that each agrees to abide by all city policies and indemnifying the City
against any losses or damages to any persons or property caused by or attributable to the art or its installation.
Artist’s resume, if available
Application will not be processed without completed application form.
STAFF USE ONLY
Application received by Date
ATTACHMENT 2
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