TO:
Honorable Planning Commission Chair and Commissioners
THROUGH:
Masa Alkire, Community Development Director
FROM:
Adam Finestone, Planning Manager
Ted Faturos, Senior Planner
SUBJECT:Title
Consideration of A Zone Text Amendment to Expand the Types of Public Art That May Be Funded by the City’s Art in Public Places Program
Body
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RECOMMENDATION:
Staff recommends that the Planning Commission conduct a public hearing on the proposed zone text amendment to Section 10.90.060 of the Manhattan Beach Municipal Code (MBMC) related to the use of public art funds. The amendment would specify that such funds may be spent on the costs associated with a wide range of public art, visual arts and performing arts, including but not limited to paintings, murals, sculpture, literature, architecture, theater, film, music, and emerging art forms; and adopt the associated resolution recommending approval of said amendments to the City Council.
BACKGROUND:
Chapter 10.90 of the Manhattan Beach Municipal Code (MBMC) establishes regulations related to fees applied to certain developments to fund art in public places. The “art in public places” fee and associated regulations were added to the Municipal Code in 2002 with the City Council’s adoption of Ordinance No. 2040. The fee is imposed “on every residential development of four or more units, and every commercial and industrial building project with a building valuation exceeding five hundred thousand ($500,000) dollars as determined by the Building Official.” The fee is calculated as one percent of the project’s total building valuation. The City collected $111,821 in these fees in calendar year 2025.
DISCUSSION:
Section 10.90.060 of the MBMC identifies the types of public art projects that can be funded by the “art in public places” fees, specifically stating that the fee can fund “works of art placed in public places or incorporated into public buildings, art education programs or art display programs designated by the Cultural Arts Commission and approved or accepted by the City Council.”
The City’s Parks and Recreation Department has proposed an amendment of the code section to enhance the City’s ability to deliver a diverse and dynamic Cultural Arts Program. The existing code does not allow “art in public places” fees to support the performing arts, nor does the code provide a clear mechanism to support the City’s art exhibitions program. The proposed amendment would allow the City to expand the allowable projects and activities that can be funded by the “art in public places” funds.
In developing the draft code language, Parks and Recreation Department staff reviewed best practices from peer agencies and industry leaders. The draft code language is designed to support a broader range of public art projects and cultural arts initiatives while remaining consistent with the intent of the “art in public places” program. Expanding the allowable uses of these funds will provide greater flexibility and encourage more strategic and effective use of public resources.
Based on the foregoing, the City proposes draft code language to read as follows, as mirrored in the draft Planning Commission resolution (Attachment A):
10.90.060 - Use of Funds. Fees collected pursuant to this section may be used to fund works of art placed in public places or incorporated into public buildings, including but not limited to sculpture; sound installations; video, film, audio, digital, hybrid, and other emerging art forms; performances presented by professional or amateur performers; art education programs; art display and exhibition programs; and other works of art approved by the City Council.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the municipal code amendment is not a project for purposes of CEQA because it is a government funding mechanism or other governmental fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (See CEQA Guidelines Section 15378(b)(4).) Further, as a separate and independent basis, the amendment is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it can be said with certainty that there is no possibility that the activity of using public art funds for various art projects and performances may have a significant effect on the environment.
PUBLIC OUTREACH:
A public notice for this meeting was published in The Beach Reporter on February 12, 2026. As of the writing of the report, staff has received no public comments.
CONCLUSION:
Staff recommends that the Planning Commission conduct the public hearing and adopt Resolution No. PC 26-XX, recommending City Council approval of zone text amendments to Section 10.90.060 of the MBMC.
ATTACHMENT:
1. Draft Resolution No. PC 26-XX