Costa Mesa Arts Commission weighs 1% for-art draft; builders urge incentives, not mandates

Costa Mesa staff presented a draft "arts in public places" ordinance to the Arts Commission on Feb. 5 that would establish a 1% public-art requirement for public and private development, modeled in part after Laguna Beach.

Anna Grama, representing the Building Industry Association of Southern California (Orange County chapter), told commissioners the BIA supports public art in principle but warned the 1% mandate could become "a barrier to housing production." Grama urged the commission to "exempt housing from this requirement and instead explore an incentives based approach," suggesting zoning flexibility, expedited processing or fee credits as alternatives.

Public commenters and several commissioners echoed concerns about mandates. One public commenter suggested focusing on larger city budgets and offering expedited permitting as an incentive, saying that mandates tend to backfire by increasing costs and administrative burden.

Commissioners asked staff to clarify implementation details (how projects would be evaluated, whether private developments would be required to return to the commission for art approval, and what legal enforcement would look like). Staff said such procedural elements would be refined in later drafts and that the commission could direct staff to research incentive-based models and comparable cities.

The commission did not vote on the ordinance at this meeting. Staff agreed to bring back comparisons of incentive programs and to coordinate with Development Services, Public Works and the Planning Commission for further input. Commissioners also discussed creating outreach to local developers and businesses to learn what has worked on a voluntary basis in Costa Mesa and nearby jurisdictions.

If the ordinance proceeds, commissioners indicated options could include a mandatory in-lieu fee, thresholds for which projects are covered, or incentive programs instead of mandates. No formal action on the draft ordinance was taken at the Feb. 5 meeting.