Article 8. Beverly Hills Fine Art Ordinance linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196
3-1-801: Definitions
3-1-802: Fine Art Obligation
3-1-803: Separate Fund For Purchase Of City Owned Art
3-1-804: Application Requirements For Proposed Fine Art
3-1-805: Fine Art Criteria
3-1-806: Ineligible Costs
3-1-807: Placement And Signage Of Fine Art
3-1-808: Schedule Of Installation Of Fine Art
3-1-809: Ownership, Maintenance, And Insurance By The Property Owner
3-1-810: Reconstruction Of Buildings That Previously Met The Fine Art Obligation
3-1-811: Denial By The Fine Art Commission
3-1-812: Appeal To City Council Following Denial By The Fine Art Commission
3-1-813: Gifts Of Fine Art
3-1-814: Deaccessioning Of City Owned Fine Art

3-1-801: DEFINITIONS:linklink


The following definitions are applicable to the provisions of this article:

ACT OF GOD: A direct, sudden, and irresistible action of natural forces such as could not reasonably have been foreseen or prevented, as a flood, hurricane, earthquake, or other natural catastrophe.

COMMERCIAL/INDUSTRIAL BUILDING: Any building or structure, all or part of which contains a commercial or industrial use permitted by this code. "Commercial structure" shall not include any building or structure constructed or reconstructed for the elderly or disabled pursuant to title 10, chapter 3, article 12.5 of this code.

COMMISSION: The fine art commission.

CONSTRUCTION COST: The total value of all building permits issued by the city as they relate to the construction, reconstruction or addition work on a commercial/industrial building, or the office or retail portion of a mixed use building in the city.

DECORATIVE ART: Arts and crafts that are employed in the making of ornamental and functional works in a wide range of materials. Decorative arts are concerned with design, decoration, ornamentation and/or functionality of the object rather than the purely aesthetic.

FINE ART: Art produced or intended primarily for beauty rather than utility. Fine art includes, but is not limited to: sculpture, photography, drawing, multimedia art and painting. Fine art shall not include the following: a) decorative, ornamental or functional elements designed by the architect or other design consultant retained for the design and construction of the subject building; b) art objects that are mass produced with a standard design such as fountains and statuary objects; c) an artistic or architectural element that is a structural part of a building; or d) decorative art.

FINE ART OBLIGATION: The obligation to provide art or make an in lieu payment as specified in section 3-1-802 of this chapter.

MIXED USE BUILDING: A site with two (2) or more different land uses, such as, but not limited to, a combination of residential, office or retail uses in a single or physically integrated group of structures or the development of a combination of different land uses in a single zone.

PROPERTY OWNER: The titleholder of the subject property.

RECONSTRUCTION: All alterations or repairs made to a commercial/industrial building or the office and/or retail portion of a mixed use building where:

A. Any such alterations or repairs result in changes to the exterior of the building, with the exception of signs and/or awnings;

B. The changes to the exterior of the building are not limited to repair and/or ordinary maintenance; and

C. The building permit valuation of all alterations or repairs to the building equals or exceeds five hundred thousand dollars ($500,000.00).

Notwithstanding the foregoing, reconstruction necessitated by damage due to fire, flood, wind, earthquake, or other disaster shall be exempt from this article. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023785
3-1-802: FINE ART OBLIGATION:linklink


A. Any construction, reconstruction or additions, to a commercial/industrial building or mixed use building in the city of Beverly Hills shall be assessed with the obligation to provide fine art as follows:

1. For projects with total construction costs between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00), the fine art obligation shall be satisfied by either of the following: a) installation of fine art that has a value equal to, or exceeding, one percent (1%) of the total construction costs; or b) payment of an in lieu fee to the fine art fund equal to ninety percent (90%) of the value required by the immediately preceding item a of this subsection.

2. For projects with total construction costs equal to or greater than one million dollars one cent ($1,000,000.01), the fine art obligation shall be satisfied by either of the following: a) installation of fine art that has a value equal to, or exceeding, one percent (1%) of the first one million dollars ($1,000,000.00) plus one and one-half percent (1.5%) of the amount in excess of one million dollars ($1,000,000.00); or b) payment of an in lieu fee to the fine art fund equal to ninety percent (90%) of the value required by the immediately preceding item a of this subsection.


B. If the in lieu payment option has been chosen pursuant to subsection A of this section, then such in lieu payment shall be made prior to the issuance of the related building permit. Once the funds for the in lieu payment have been made available to the fine art fund, then the property owner's obligations under this article shall have been fulfilled. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023786
3-1-803: SEPARATE FUND FOR PURCHASE OF CITY OWNED ART:linklink

All payments made to the fine art fund of the city shall be used solely for the following in connection with fine art: a) planning, b) acquisition (including appraisal fees), c) installation, d) improvement, e) maintenance (including professional services required to maintain the integrity of the public art collection), and f) promotional activities associated with city owned fine art for display in the city. Any fine art purchased with such funds shall be the property of the city, and shall meet the requirements set forth in subsections 3-1-805B through D of this chapter. (Ord. 15-O-2672, eff. 2-6-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023787
3-1-804: APPLICATION REQUIREMENTS FOR PROPOSED FINE ART:linklink

After final approval by the architectural commission, if required, an application shall be filed with the city for approval of the proposed fine art by the fine art commission. The application shall be on the form designated by the city, containing the following information:


A. Preliminary sketches, photographs, models, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed fine art;


B. Curriculum vitae of the artist;


C. An appraisal by an independent, qualified fine art appraiser or other evidence satisfactory to the commission of the value of the proposed fine art, including, but not limited to, bona fide invoices, auction records, and fine art gallery records;


D. Documentation showing at least one piece of the same or comparable medium, size, and condition that has sold in the last five (5) years, at or above the required fine art obligation value shall be included;


E. Sketches, photographs, or other documentation representing to scale the relationship of the proposed fine art as installed to the proposed commercial or mixed use structure. Final approval will be contingent upon accurate depiction of proposed artwork and accurate depiction of installation of artwork; and


F. Such other information as may be requested by the director of community development.

Upon receiving a complete application, the fine art commission shall consider the application at its next regularly scheduled meeting; provided however, that the complete application must be received at least two (2) weeks prior to the meeting at which it will be considered. Ten (10) days' prior written notice shall be provided to the applicant of the time and place of the meeting at which the application will be considered. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023788
3-1-805: FINE ART CRITERIA:linklink

The fine art commission shall approve the application if the proposed fine art satisfies all of the following criteria:


A. The fine art has the minimum value required by section 3-1-802 of this chapter as determined by the appraisal submitted along with the application pursuant to section 3-1-804 of this chapter. Such appraisal shall not use the current market value of materials used to produce a comparable art piece as a basis for determining the value of the proposed fine art. The value of the fine art shall not include the items listed in section 3-1-806 of this chapter.


B. The fine art has been, or will be, created by an established artist. "Established artist" shall mean a professional artist who derives his or her income primarily from his or her work as an artist and is accepted and recognized in the field of fine art, internationally or nationally. Documentation to support the artist's stature should include, but is not limited to: 1) inclusion in art journals and art books; 2) fine art gallery representation; 3) museum exhibition or collection; 4) auction house records; and, 5) letters of support from fine art curators. The members of the architectural, engineering, design or landscaping firms retained for the design and construction of the commercial or mixed use building under review shall not be considered qualified established artists for the purposes of this article.


C. The fine art has intrinsic quality and enduring value.


D. The fine art is compatible with and enhances the aesthetic quality of the proposed installation site. The relationship of the fine art to the site in terms of physical size, shape and color shall be considered, as well as the social and cultural interaction of the fine art with the space it occupies and the surrounding area. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023789
3-1-806: INELIGIBLE COSTS:linklink

Expenses for the following do not qualify as fulfilling the fine art obligation:


A. Art consultants;


B. Appraisers;


C. Insurance;


D. Maintenance costs;


E. Shipping;


F. A structure, upon which artwork is displayed (e.g., a pedestal);


G. Professional fees for the artist(s);


H. Labor of assistants, materials, and contracted services required for the installation of the work of art;


I. Any required permit or certificate fees;


J. Business and legal costs directly related to the project;


K. Studio and operating costs;


L. Communication and other indirect costs (insurance, utilities);


M. Travel expenses of the artist for site visitation and research;


N. Transportation of the work of art to the site;


O. Preparation of the site to receive the artwork;


P. Installation of the completed work of art;


Q. Documentation (e.g., color slides and black and white photographs of the artwork); and


R. Directional elements such as super graphics, plaques, or color coding except where these elements are integral parts of the original work of art. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023790
3-1-807: PLACEMENT AND SIGNAGE OF FINE ART:linklink


A. The fine art required by this article shall be located in a public place. A "public place" means any area on public or private property that is easily accessible and clearly visible to the general public. If located on private property, the area must be open to the general public during normal business hours and clearly visible from adjacent public property such as a street or other public thoroughfare or sidewalk.


B. The applicant may request to have the work of fine art placed on city owned property. Upon such request, the fine art commission may recommend a site on city owned property for approval by the city council. Any work of art installed on city owned property pursuant to this section, would be gifted to the city with an endowment provided by the current property owner for transport, installation, insurance, and maintenance, in an amount acceptable to the city council.


C. Each work of art shall be identified by a plaque stating the artist's name, title, date the artwork was created, and the year of installation. The plaque will be placed and maintained in a location near the artwork and easily viewable by the public. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023791
3-1-808: SCHEDULE OF INSTALLATION OF FINE ART:linklink


A. Prior to the issuance of a building permit that triggers a fine art obligation, the applicant shall deposit with the city cash, a letter of credit, or other security satisfactory to the director of community development in an amount equal to the value of the fine art as required by section 3-1-802 of this chapter. The security shall guarantee installation of fine art, or an in lieu fee, as required by this article.


B. All fine art required by this article shall be installed, as approved by the fine art commission, prior to the final inspection of the construction or reconstruction that has triggered the requirements of this article. Within seven (7) days of installation of the approved fine art, the applicant shall notify the fine art commission and city staff to verify compliance.


C. If the fine art required by this article is not installed by the final inspection of the construction or reconstruction that has triggered the requirements of this article, then the applicant shall forfeit the security posted with the city, and such monies shall be deposited into the fine art fund. In the case of unforeseeable, and verifiably documented, extenuating circumstances, the deadline to install the fine art may be extended up to a maximum of twelve (12) months, with the written approval of the fine art commission. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023792
3-1-809: OWNERSHIP, MAINTENANCE, AND INSURANCE BY THE PROPERTY OWNER:linklink

The property owner:


A. Shall, except if the fine art is placed on city owned property, own such fine art, and if the building is sold, shall transfer ownership of the fine art as an integral part of the sale of the building.


B. Shall execute a recordable covenant running with the land, in a form acceptable to the city attorney, regarding the fine art.


C. Shall maintain such fine art at the on site location as approved by the fine art commission, unless a different on site location is approved by the fine art commission at the request of the property owner.


D. Shall maintain artwork per the guidelines set forth by the artist who created it, or the artist's representative, if applicable.


E. May request the ability to remove the fine art at a later date by offering to donate the piece to the city or by paying the original or present day value of the art, whichever is higher. Such request must be reviewed by the fine art commission and approved by the city council. If the piece will be gifted to the city, the owner must provide the city with an endowment for the piece to pay for transport, storage, reinstallation, insurance and maintenance in an amount acceptable to the city council. If there is construction, reconstruction or an addition to the property in conjunction with the request to remove the original fine art, then there will be a new fine art obligation assessed in accordance with the provisions of this article.


F. For all fine art installed after January 1, 2015, shall provide an appraised valuation or other evidence of value satisfactory to the fine art commission, of the artwork every five (5) years, to guarantee the work is insured to its proper market value. Any appraisal shall be made by an independent, qualified fine art appraiser and shall be paid for by the property owner. Other evidence of value may include bona fide invoices, auction records, and fine art gallery records.


G. Shall maintain in full force and effect at all times, insurance coverage in the amount of the most recent appraised value, insuring such fine art against any loss or damage, including vandalism, in accordance with the provisions of chapter 4 of this title. Annual proof of insurance coverage must be provided to the city.


H. Shall, in the event that the artwork is destroyed, stolen, damaged, or lost, resulting in an insurance claim against such loss, use any funds that are paid out to the owner by the insurance company toward the purchase of a replacement work of art, subject to the most current criteria of the fine art ordinance and equal to the insured valuation of the lost work. Alternatively, the property owner has the option to deposit into the fine art fund an amount equal to the insured valuation of the lost work. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023793
3-1-810: RECONSTRUCTION OF BUILDINGS THAT PREVIOUSLY MET THE FINE ART OBLIGATION:linklink

Each reconstruction with a total construction cost of at least five hundred thousand dollars ($500,000.00) shall trigger the fine art obligation.


A. If a building that had previously satisfied the fine art obligation is damaged by an act of God resulting in a reconstruction and the original fine art is intact or an in lieu fee was previously paid, there will be no additional fine art obligation required. However, if the original fine art is destroyed, a replacement work of art that meets the requirements of the fine art ordinance currently in effect will be required in an amount equal to the insured value of the lost or destroyed art piece. Alternatively, the property owner has the option to deposit into the fine art fund an amount equal to the insured valuation.


B. If a building that had previously satisfied the fine art obligation is voluntarily reconstructed and the original fine art is intact or an in lieu fee was previously paid, a new fine art obligation will be required based on the difference between the construction cost of the new project less the construction cost of the project that triggered the original fine art obligation. However, if the original fine art is missing or destroyed, a new fine art obligation that meets the requirements of the fine art ordinance currently in effect will be required in an amount: 1) based upon the construction costs of the new project as specified in section 3-1-802 of this chapter; or 2) equal to the most recent appraised value of the missing or destroyed original fine art, whichever is higher. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023794
3-1-811: DENIAL BY THE FINE ART COMMISSION:linklink


A. In the event a work of art proposed by the property owner is denied by the fine art commission, the property owner must present other works of fine art to the commission. The full application process must be followed for each work of fine art presented to the commission, as set forth in 3-1-804 of this chapter.


B. The applicant may request that the fine art commission reconsider its decision if changes are made either to the proposed fine art or the subject building such that there are new facts upon which the commission may reconsider its earlier decision. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023795
3-1-812: APPEAL TO CITY COUNCIL FOLLOWING DENIAL BY THE FINE ART COMMISSION:linklink

Any final decision of the fine art commission may be appealed to city council under title 1, chapter 4, article 1 of this code. (Ord. 15-O-2672, eff. 2-6-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023796
3-1-813: GIFTS OF FINE ART:linklink


A. All proposed gifts to the city of fine art with a value in excess of ten thousand dollars ($10,000.00) that are proposed to be installed in a "public place" (as such term is defined in subsection 3-1-807A of this chapter) shall be reviewed by the fine art commission in accordance with the terms of this article, prior to being presented to city council for consideration of acceptance. Nothing herein shall prevent the city council from accepting gifts of fine art with a value in excess of ten thousand dollars ($10,000.00) that will not be displayed in a public place, without review by the fine art commission.


B. If the donor requests a receipt from the city containing a specified value of the donated art, such donor will need to provide an appraisal to the city which supports the stated value. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023797
3-1-814: DEACCESSIONING OF CITY OWNED FINE ART:linklink


A. Introduction: Deaccessioning is a legitimate part of the formation and care of a collection. However, deaccessioning should be a deliberate and seldom used procedure. It is the policy of the city not to dispose of artwork simply because it is not currently in fashion, and not to dispose of work whose worth might not yet be recognized.


B. Definition: "Deaccessioning" shall mean any actions or set of procedures that result in the cessation by the city of its ownership and possession of works of art, through sale, exchange, gift or any other means not in conflict with state or federal law.


C. Conditions:

1. No artwork shall be deaccessioned within five (5) years of acquisition by the city or installation unless:

a. The piece poses a threat to public health or safety;

b. Authenticity was misrepresented at the time of acquisition or installation;

c. There is a valid challenge to title; or

d. It possesses faults of design or workmanship that result in excessive or unreasonable maintenance, and/or damage to an extent where repair is unreasonable or impractical.

2. Once the five (5) year period has lapsed, the fine art commission may recommend to the city council the deaccessioning of any work of art if any of the following conditions apply:

a. The cost to repair the work is more than fifty percent (50%) of current appraised value, or the work is so deteriorated that restoration would prove unfeasible or misleading;

b. Destruction of, or changes to, the site where the art is located threaten the artwork's survival or result in a significant diminishing of its artistic integrity or accessibility; or

c. The fine art commission determines that there is an exceptional and unforeseen reason for removing the artwork from its current site, and no other suitable site in the city can be found.


D. Procedures: If the conditions for deaccessioning are met, the following information, as appropriate, shall be considered by the fine art commission at a formal meeting:

1. Reasons for the proposed deaccessioning;

2. Opinion of the city attorney's office, if necessary;

3. Process of acquisition method and cost and/or value at the time of acquisition;

4. Expert appraisal of the current market value of the work;

5. Costs associated with deaccessioning or removal;

6. A condition report from a professional conservator; and

7. Professional fees associated with the subsequent sale, auction, donation or trade of the artwork.

At the discretion of the fine art commission, where applicable and achievable, the original donor of the work may be given right of first refusal to purchase the work within sixty (60) days of notification. No works may be sold, traded or transferred to a member of the fine art commission, city of Beverly Hills officials or staff or their agents.

Nothing in this section shall prohibit the city council from deaccessioning any piece of city owned art, at any time, if the city council determines that deaccessioning is in the public interest and that following the procedures set forth in this section is not in the public interest. (Ord. 15-O-2672, eff. 2-6-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=21196#s1023798