DEPARTMENT OF CULTURAL AFFAIRS City f Ls Angeles Antni R. ViUaraigsa MA\'OR Olga Garay EXECUTIVE DIRECTOR July 6, 2010 Adlf V. Ndal PRESIDENT Yrk Chang VICE PRESIDENT Celeste M. Alleyne Richard Mntya Lee Ramer Jsephine Ramirez Gayle Garner Rski Cuncil f the City f Ls Angeles Planning and Land Use Management Cmmittee 200 Nrth Spring Street Ls Angeles, CA 90012 Cuncil f the City f Ls Angeles Arts, Parks, Health and Aging Cmmittee 200 Nrth Spring Street Ls Angeles, CA 90012 Re: Reprt n the Time, Place, Manner Mural Permit Prcess in Prtland, Oregn Hnrable Members f the Planning and Land Use Management Cmmittee Hnrable Members f the Arts, Parks, Health and Aging Cmmittee Intrductin At the June 1, 2010 jint meeting f the APHA and PLUM Cmmittees, Cuncilmember Ed Reyes read int the recrd the fllwing instructins: "Direct Planning, Cultural Affairs, and Building and Safety Departments and City Attrney t reprt back in 30 days n hw bth prpsed mdels (Prtland, Oregn and Time, Place, Manner) wuld address the fllwing:" a) Ensure access fr lcal artists b) Ensure expeditius prcessing/permitting c) Ensure a cst-neutral prgram in terms f implementatin d) Allw fr the permitting and maintenance, as apprpriate, f sme existing murals with rders t cmply e) Legal defensibility f) Ensure the maintenance f newly permitted murals In respnse t this request, the Department f Cultural Affairs (DCA) has develped an adaptatin f Prtland's tw-part mural permitting prcess (Time, Place, Manner and Public Art Easement) specifically mdified fr implementatin in Ls Angeles. Yu will find a chart utlining this adaptatin at the end f this dcument. The Department recmmends that the City cnsider adpting this bifurcated mdel in rder fr Ls Angeles t prvide a chesive permitting prcess fr all fine art murals t be lcated n private prperty. 201 Nrth Figuera Street Suite 1400 Ls Angeles, CA 90012 r:c'. 213.202.5500 ;,,;-; 213.202.5517 ;c:~\ culturela.rg
Backgrund The City f Prtland currently has a Time, Place, Manner rdinance fr smaller murals called "Original Art Murals" and a Public Art Easement rdinance fr larger murals called "Public Art Murals". Bth mdels are used t issue permits fr murals n private prperty. The chart at the end f this dcument shws hw a similar, bifurcated permit prcess wuld functin in Ls Angeles. The chart puts frth mural definitins, permit requirements and exemptins, assessment criteria, and designatins fr mural versight and maintenance. Please nte that we have mdified sectins f the Prtland mdel t address the specific needs and requirements f Ls Angeles' murals and mural artists. Discussin Respnses Ensure access t lcal artists Histrically, the murals created in Ls Angeles have been prduced by lcal artists. The Department f Cultural Affairs' database shws that ut f 400 City-spnsred murals prduced between 1971 and 1999, ver 90% f the artists were lcallybased. We believe this predilectin fr lcal artists will cntinue under bth f ur prpsed prcesses, particularly given the fact that small-budget prjects tend t be cst-prhibitive fr artists wh live utside f the Ls Angeles regin. Ensure exeditius rcessing!permitting Under the Time, Place, Manner prcess, the City's rle as regulatr wuld nt be cmprmised, and mural permits wuld be issued thrugh an ver-the cunter permit prcess. We acknwledge that a new mural permit needs t be develped t accmmdate this new prcess. Under the Public Art Easement prcess, the City's rle as wner r art patrn wuld facilitate the creatin f large, mnumental public art murals that will invlve lcal cmmunities in innvative ways. The Public Art Easement prcess wuld be administered by DCA and mural permits issued thrugh the Cultural Affairs Cmmissin review prcess. Ensure a cst-neutral prram in terms f implementatin If the City were t emply the Time, Place, Manner and Public Art Easement prcesses, we believe that bth prgrams wuld be cst-neutral fr the City t implement, in that n additinal City funding wuld be required t pay fr the creatin f new murals. Furthermre, the Public Art Easement wuld be launched within budgetary allcatins prvided thrugh existing City-wide prgrams such as Cuncil Civic Funds, Neighbrhd Matching Funds, CDBG, and Mayr's Day f Service Funds, that are already used t supprt the creatin f new murals. Hwever, that said, it is als imprtant fr the City t recgnize that, as part f the Public Art Easement prcess, there might be an attendant increase in graffiti
abatement csts t the City fr City-spnsred murals, as well as an increase in DCA's staffing r cntractual service csts t administer this new prcesses. Allw fr the maintenance and permitting, as apprpriate. f sme existing murals with rders t cmplv Of the 1500 murals in the Department's database, 1100 murals (r 73%) were funded thrugh private surces and are lcated n private prperty. The remaining 400 murals in ur database either received City funding r are lcated n City prperty. Between 2002 and 2007, the Cultural Affairs Cmmissin apprved 52 murals lcated n private prperty. Hwever, these murals are currently cnsidered nn-cnfrming because they were created while the billbard ban was in effect. In terms f funding, 40 f these 52 murals were funded thrugh City surces such as Cuncil Civic Funds, Neighbrhd Matching Funds, r Neighbrhd Cuncil funds, t name a few. In terms f physical size, 42 f the 52 murals created are larger than 300 square feet, and the remaining 10 murals are 300 square feet r smaller. In rder t address and crrect these nn-cnfrming murals, the City culd issue retractive permits fr the smaller murals under the Time, Place, Manner prcess, and Public Art Easement permits fr the larger murals, prvided prperty wners are willing t enter int easement agreements with the City. It shuld als be nted that bth recmmended permit prcesses include criteria that each mural remain in place fr a minimum f five years, and that 48 f the 52 nn-cnfrming murals already meet r exceed this time requirement. In additin t thse 52 murals, there is anther set f 11 murals that have received citatins and rders t cmply. All f these cited murals are lcated n private prperty and nly ne was City-funded--the ther ten were privately funded. Furthermre, these 11 cited murals lcated n private prperty: Are all grund-level murals that d nt exceed 35 feet in height. Have n exterir lighting. Are cmprised f riginal artwrk mural images painted directly n the walls. Appear t be well-maintained and are graffiti-free, as evidenced by the images we have seen, althugh it is unknwn if the murals have anti-graffiti catings. Have been in place frm 1-17 years. Again, based n the abve facts, these 11 murals wuld qualify fr a Time, Place, Manner permit r Public Art Easement permit-the final determinant wuld be mural size. Legallv Defensible The City cannt regulate signage n the basis f cntent, as ensured by the First Amendment t the Cnstitutin. Therefre, the Time, Place, Manner prcess is legally viable as it is a cntent-neutral permitting prcess. Further, we believe the requirements listed n the fllwing chart wuld cnstitute quantitative, measurable
criteria that wuld attract fine art murals and exclude murals cntaining cmmercial messages. Based n the City f Ls Angeles' 40-year histry f mural prductin, we cnsider this apprach well-tested and ne that generates a psitive enhancement f the City's visual landscape. Ensure the maintenance f newlv-ermitted murals The Time, Place, Manner permit wuld require a prperty wner t apply an antigraffiti cating t the mural and be respnsible fr maintenance ver the mural's lifespan. The Public Art Easement permit wuld als require the applicatin f an anti-graffiti cating t the mural and, in this permit scenari, either the prperty wner r the City, depending n the funding surce, wuld be respnsible fr mural maintenance. Murals prtected with anti-graffiti catings are easier and less cstly t maintain than murals that have been left unprtected. Cnclusin The current issues pertaining t mural permits in the City are cmplex. Fr ne, there are publicly-funded murals lcated n bth City prperty and private prperty, as well as privately-funded murals lcated n bth City prperty and private prperty. Secnd, there is the grup f 52 recently created murals that were issued permits that are nw deemed t be nn-cnfrming. Furthermre, the City actively versees many culturally significant murals that were painted ver 30 years ag, and many f these are technically un-permitted because prperty wners were nt required t have mural permits at the time they were created. It is because f these intricate and cnflicting issues that the City needs t adpt a bifurcated permit prcess that allws fr flexibility given the variety f cnditins. Recmmendatin The Department f Cultural Affairs therefre recmmends that the Planning Department, in cnjunctin with the City Attrney and ur Department, be instructed t prepare a City-wide rdinance that amends the Zning and Administrative Cde t adpt bth a Time, Place, Manner prcess and Public Art Easement prcess fr the purpse f issuing permits fr fine art and public art mural t be lcated n private prperty. If yu have further questins, please cntact Felicia Filer at (213) 202-5547 r Pat Gmez at (213) 202-5523. Respectfully submitted, ~1 /ltl/ General Manager OG:ff:pg
"Fine Art Murals" f'me Pieces M' r ''"'' (ver-the-cunter) permit fr small murals n private prperty "Public Art Murals" P. r~ :1c h '"L [asen cc;itf permit fr large murals n private prperty Fine Art Mural definitin: A ne-f-a-kind riginal artwrk that is painted directly upn an exterir wall f a building. Public Art Mural definitin and exemptins: A ne-f-a-kind riginal artwrk that is sited in a manner accessible t the public and/r public emplyees, utilizing apprpriate media t ensure lngevity, and which has been apprved as public art by the Cultural Affairs Cmmissin. Public Art, including Public Art murals, are exempt frm the sign cde. Requirements and exemptins: Cannt exceed height f 35' frm grade Must remain in place withut alteratins fr minimum f 5 years Must have n exterir lighting Maximum size is 300 sq. ft. Minimum size is 35 sq. ft. Only ne mural allwed per lt May nt cver drs r windws r ther architectural elements such as crnices and pilasters Must be placed n flat planes f walls Must apply an anti-graffiti cating t the mural Requirements: Must be larger than 300 sq. ft. May be fully privately funded, and/r fully r partially funded by the City f Ls Angeles Structural and Surface Stability Signed Easement frm building wner (Grantr) with a cmmitment t keep mural unchanged fr 5 year minimum Cmmitment frm building wner t apply an anti-graffiti cating t the mural and keep the mural in gd cnditin Original Art Murals are exempt frm sign cde rati lt calculatins. Prhibited Murals: Murals n cntributing histric buildings Mechanically prduced r cmputer generated prints r images, including but nt limited t digitally printed vinyl Murals cntaining electrical r mechanical elements Changing image murals Review Criteria: Artistic Merit Demnstrated strength f cncept, executin and riginality Scale apprpriate t surrundings Cntext, including physical, histrical, and/r sci-cultural relevance t site Cmmunity Supprt frm wner, neighbrhd, adjacent businesses and arts cmmunity Feasibility, including the ability t cmplete mural n time and within budget Structural and Surface Stability Cmmitment frm building wner t apply an anti-graffiti cating t the mural
"Fine Art Murals" "Public Art Murals"! ~de Pla...:::e, Hla~Jd(-r (ver-the-cunter) :'u!ll 1 t- t\~~ t -asemcm~ permit fr large murals permit fr small murals n private prperty n private prperty Prcess: Prcess: Requires neighbrhd Ntificatinpublic psting, mailing t specific cmmunity grups, and public meeting Allws fr input and dialg Recmmendatins frm cmmunity are nt binding N City cntent review r regulatin Applicatin submitted t Building and Safety Department fr review and apprval. Permit Cnditins: Mural t be maintained fr a 5 year minimum withut alteratin Building wner respnsible fr maintenance Alteratin within 5 year perid allwed (thrugh City apprval prcess) if: Building is sld The prperty will be substantially remdeled r altered in a way that precludes the cntinuance f the mural Alteratin f mural after 5 years allwed by reapplicatin fr a new permit thrugh full prcess Remval after 5 years des nt require City review r apprval Building wner respnsible fr any artists ntificatin under the Visual Artist Rights Act (VARA) and Califrnia Art Preservatin Act (CAPA) Submit Applicatin t Department f Cultural Affairs (DCA) Present mural prpsal t DCA Public Art Cmmittee fr review and recmmendatin Cultural Affairs Cmmissin Review and Apprve prject Building Owner prvides ntarized Public Art Easement agreement t DCA Artist signs frm agreeing t terms f the Public Art Easement agreement Applicant ntifies DCA when mural is cmplete Applicant prvides City with digital images f cmpleted mural DCA prvides cpy f Public Art Easment t General Services Department Easement Cnditins: In effect fr a perid f 5 years with autmatic renewal fr an additinal 5 years, unless and until terminated Terminatin allwed after 5 years by either party Terminatin allwed within 5 years upn request f the building wner fr the fllwing: Required as cnditin f sale r refinance f prperty The prperty will be substantially remdeled r altered in a way that precludes the cntinuance f the mural Circumstances change materially s mural impedes reasnable use and enjyment f prperty Required t ntify artist under VARA/CAPA laws City may terminate Easement at any time Required t ntify artist under VARA/CAPA laws Grantr and r city is respnsible fr maintenance
"Fine Art Murals" f~!l>(;) P:ace) Manl!Hu (ver-the-cunter) permit fr small murals n private prperty Oversight The Department f Building and Safety is respnsible fr the review, issuance, and enfrcement f mural permits "Public Art Murals" Pub!~c Arij Casement permit fr large murals n private prperty Oversight The Cultural Affairs Cmmissin is respnsible fr the applicatin review and apprval f Public Art Easement permits administered thrugh the Department f Cultural Affairs Public Art Easement agreements are held b the General Services De artment