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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MAY 21, 2024
FROM: PLANNING AND BUILDING DEPARTMENT
COMMUNITY SERVICES DEPARTMENT
SUBJECT: PUBLIC ART PROGRAM - ADOPTION OF PUBLIC ART
GUIDELINES AND RELATED AMENDMENTS TO TITLE 17
(LAND DEVELOPMENT AND RESOURCES) AND TITLE 18
(ZONING)
ATTACHMENT (Y/N): YES ITEM # 28
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council:
1) By Motion, approve the Public Art Guidelines, a document that implements the Public Art Plan and outlines the administration of the Public Art Program, as authorized by Anaheim Municipal Code Chapter 17.37 (Public Art); and
2) By Ordinance, amend Title 17 (Land Development and Resources) of the Anaheim Municipal Code to update Chapter 17.37 and determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) under Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of Title 14 of the California Code of Regulations (Introduction); and
3) By Ordinance, amend Title 18 (Zoning) of the Anaheim Municipal Code to provide a streamlined approval process for public art and murals on private property when visible to public property or public rights-of-way and determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) Guidelines under Section 15061(b)(3) of Title 14 of the California Code of Regulations (Introduction).
DISCUSSION:
In November 2018, the Anaheim City Council approved Ordinance No. 6451 to promote visual arts in Anaheim and expand opportunities for public art throughout the City. This ordinance added Chapter 17.37 (Public Art) to the Anaheim Municipal Code. In February 2023, the Anaheim City Council approved the Anaheim Public Art Plan (Plan). The Plan identified the following five implementation steps for the creation of the Public Art Program:
Public Art and Mural Permit
May 21, 2024
Step 1 – Adopt a Collection Management Policy
Step 2 – Streamline the Mural Approval Process
Step 3 – Consider Opportunities for Funding
Step 4 – Streamline Program Management through the Establishment of a Formal Public Art Staff Committee
Step 5 – A Commitment to Enhanced Resources and Defining the Role of the Cultural and Heritage Commission for Decision Making Purposes
To establish and administer a robust Public Art Program (Program), the Public Art Guidelines (Guidelines), outline the processes and procedures for efficiently carrying out the initiatives and responsibilities associated with the Program as identified in the implementation steps. These Guidelines are informed by best practices in public art and support a Program that honors Anaheim’s diverse character and history. The Guidelines will serve the needs of Anaheim stakeholders and greatly assist in supporting, preserving, and celebrating art in Anaheim.
The Guidelines (Attachment No. 1), as authorized by Anaheim Municipal Code Chapter 17.37, include the following sections:
Roles and Responsibilities. This section outlines how a network of community members, staff, and/or consultants will steward the Public Art Program. It addresses how City Council and the Cultural and Heritage Commission can support public art activities, but it also details how three newly-formed entities—the Public Art Advisory Committee, the Interdepartmental Public Art Coordination Committee, and a Public Art Coordinator— will ensure the continued advancement of public art in Anaheim. Collection Management. This section addresses processes and best practices related to Collection Management, which generally supports the collection’s maintenance, preservation, and growth through donations. A clear, sound Collection Management policy equips the City to care for existing work while setting standards for any new pieces added to the collection, either permanently or temporarily. Public Art Program Update. This section describes the function of this formal report, referred to as a Program Update, which provides an overview of active and forthcoming public art projects in Anaheim. The Program Update creates a public art roadmap that reflects community input and supports Citywide goals regarding public art. Use of Funds. This section addresses transparency around the funds used for and associated with public art in Anaheim. It carefully defines possible funding sources and appropriate uses of public art funds.
Public Art Acquisition. Building on many processes outlined in Collection Management, this section describes artwork acquisition, specifically outlining the various pathways for purchasing artwork for the Public Art Collection. This section outlines processes for artwork commissions and offers an overview of the goals for artwork selection.
Public Art and Mural Permit
May 21, 2024
Anaheim Mural Program (Private Property) Permitting Process and Regulations.
This section directs the Anaheim Mural Program, a process that governs privately- commissioned murals on private properties that are visible to public property or public right-of-way. This straightforward, content-neutral administrative review process is simplified to encourage the presence of murals across the city.
The accompanying amendments to Title 17 (Land Development and Resources) propose minor updates to Chapter 17.37 (Public Art) for consistency with the Guidelines. The Title 18 (Zoning) amendments modify land use tables and create the Public Art and Mural Permit to facilitate the Mural Program on private properties citywide including those with multi-family, commercial, and industrial zoning classifications as well as those governed by the Anaheim Canyon and Beach Boulevard Specific Plans.
Planning Commission: On April 22, 2024, the Planning Commission unanimously recommended City Council approval of the Title 18 (Zoning) amendments and adjustments, 7-0. There were no public comments. Proposed amendments to Title 17 (Land Development and Resources) were not considered by the Planning Commission because the Commission does not act as a recommending body for amendments to Title 17.
Subsequent to the Planning Commission’s consideration of the Title 18 amendments and because the Guidelines as currently proposed only provide a streamlined review process for murals pursuant to Step 2 of the Public Art Plan, the Title 18 amendments have been revised to retain the minor conditional use permit process to facilitate review of other public art on private property.
Environmental Impact Analysis: Staff recommends that the City Council find that the proposed ordinances are not subject to the California Environmental Quality Act (CEQA). For the Title 17 amendments, this determination is pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines contained in Title 14 of the California Code of Regulations because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and are not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. For the Title 18 amendments, this determination is pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Pursuant to this section, the proposed amendments and adjustments fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that the proposed amendments and adjustments would provide a streamlined review process for public art and murals; the proposed adjustments and amendments will not have a significant effect on the environment. Therefore, the activity is not subject to CEQA.
CONCLUSION:
As established by the Plan, public art adds to Anaheim’s dynamic environment. It delivers high- impact public spaces that elevate the City’s people, history, and imagination. Public art can spark wonder, connectedness, and a sense of belonging within a community, and by formalizing the administrative processes for public art by establishing the Public Art Program, the City of Anaheim reflects its commitment to and investment in vibrant, community-driven public art.
Public Art and Mural Permit
May 21, 2024
Anaheim’s existing public art collection is impressive, engaging, and distinct. The Guidelines and accompanying Anaheim Municipal Code amendments support the City’s public art collection as it currently exists, but also fosters its growth and ongoing care.
IMPACT ON BUDGET:
The costs to develop the Guidelines and process and implement the Code amendments are included in the Community Services Department’s and Planning and Building Department’s FY 2023/24 General Fund budgets.
Respectfully submitted, Concurred by,
Ted White Sjany Larson-Cash
Deputy City Manager / Director of Community Services
Director of Planning and Building
Attachments:
1. Draft Public Art Guidelines
2. Ordinance – Chapter 17.37 (Public Art)
3. Redline – Chapter 17.37 (Public Art)
4. Ordinance – Title 18 (Zoning)
5. Ordinance (Redline) – Title 18 (Zoning)