Developer's Public Art Requirements

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Any new development with either $300,000 in building costs or 20 units of residential and triggering design review must pay a fee or install on-site public art of equal value as follows:  

  • Private developers of non-residential buildings with building cost in excess of $300,000 allocate 1% of their building cost for public art.

  • Private developers of residential projects over 20 units allocate .5% of their building construction cost for public art.

Developers can choose to install public art on-site or donate the fee to the city's Art in Public Places fund.

 

Installing Art On-Site

Art works installed in lieu of the AiPP fee must be maintained by the site owner in perpetuity.  Works' requirements pass to subsequent buyers. Should a developer choice to install art on-site in lieu of paying the fee, a Developers' Public Art Application Form is required with mandatory attachments and proof of contract with a qualifying artist along with a.) Photography confirming installation  b.) A site plan demarking the public access to the installation, and c.) The signed contract with scope of work or proof of payment of an invoice from a qualifying artist 

Staff will review developers' submittals for three things:

  • Artist qualifications

  • Public Access

  • Fee level assessed committed to an artist or artists 

These submittals will be used to coordinate with the Building Department in order to issue a Certificate of Occupancy.

You can submit the form online here or request a PDF from the Art Coordinator. Should you need assistance complying with the ordinance with an onsite project please contact Amber Evans at 510-596-4382 or aevans@emeryville.org. Upon submitting your project to Planning and Building you should have a plan for paying the fee or contracting for on-site art before you submit your fees.

Resources

The Emeryville Municipal Code Chapter 2, Article 4 sets forth the requirements of the Art in Public Places Program in Emeryville Municipal Code Article 4 

Guidelines for administration of the program are detailed in Resolution 90-115A.

See this guide for City of Emeryville best practices for public art.

Click here (PDF, 64KB)to view a guide of consultants available for private developers.