Population: 122,324
Type of Requirement: Ordinance

Physical Address:
Office of Economic Development
2180 Milvia Street, 5th Floor
Berkeley, CA 94704

Main Contact:
Jennifer Lovvorn, Secretary of Arts Commission
Email Jennifer | 510.981.7533

The Code establishes that new multifamily residential projects of five (5) or more dwelling units, new commercial structures, new industrial structures, and construction of building additions exceeding ten thousand (10,000) square feet are subject to a mandatory public art requirement. Transitional housing and multifamily housing that has a regulatory agreement with a government agency restricting the rent and limiting tenancy to qualifying households, not exceeding specified incomes for at least sixty percent (60%) of the units, and buildings with religious assembly uses or arts and cultural uses are excluded from the requirement.

Projects may satisfy the requirement by installing on-site art in a publicly accessible area, the value of which shall be one and three quarters of a percent (1.75%) of construction costs. Maintenance and conservation of the artwork will be the responsibility of the developer. Pre-existing artworks, restoration or preservation of existing historic artworks, and artist-designed elements on building facades and other publicly accessible areas may be considered on-site publicly accessible art in limited circumstances. Alternatively, developers may pay an in-lieu fee to the Private Percent Art Fund, the value of which shall be eight-tenths of a percent (0.8%) of the construction costs. Developers may combine these options and provide an on-site public art installation valued at less than one and three quarters of a percent (1.75%) of construction costs with an amount equal to eighty percent (80%) of the difference paid as an in-lieu fee.