Population: 20,143
Type of Requirement: Ordinance

Physical Address:
Recreation & Community Services
1249 Marin Avenue
Albany, CA 94706

Main Contact:
Eva Phelan, Senior Recreation Supervisor
Email Eva | 510.559.7227

The Code establishes that all new development projects with a construction cost greater than three hundred thousand dollars ($300,000), except as exempted, are subject to a mandatory public art requirement. The following projects are excluded from the requirement:

• Projects that are determined by the Community Development Director to be exempt from Design Review, pursuant to Section 20.100.050B.2;
• A single family home that is the primary residence of the owner of the property;
• Projects initiated to comply with Section 12-6.3.f (unreinforced masonry bearing wall);
• Publicly-assisted projects in which the public source of funding, or other applicable regulation or policy, prohibits the use of funds for public art; and
• American Disabilities Act mandated improvements and energy efficiency improvements to existing facilities.

Projects may satisfy the requirement by including an approved work of public art on-site that has a value equal to one and three quarters of a percent (1.75%) of construction costs. Maintenance and conservation of the artwork will be the responsibility of the property owner. Alternatively, developers may pay an in-lieu fee equal to one and three quarters of a percent (1.75%) of construction costs to the Art in Public Places Fund. Projects over ten thousand (10,000) square feet typically install public art on the project site and may choose to install an approved work of public art with a valuation less than the minimum requirement, and then contribute the difference in value to the Art in Public Places Fund.