STUDY STUDY SESSION MEMORANDUM 5.1
TO: Mayor and Town Council July 14, 2026
SUBJECT: Discussion of Art in Public Places Ordinances
BACKGROUND
The Town Council has previously asked Town staff for information regarding potential ordinances or programs requiring public art to be provided as part of new development in Town. This memo presents some background information in addition to examples of ordinances from nearby cities.
DISCUSSION
In broad terms, public art ordinances require that certain development projects either provide art that is viewable by the public or pay an in lieu fee to the local agency, which then uses the funds to provide public art. These ordinances have been upheld by both state and federal courts as an exercise of the police power.
Within those broad parameters, there are a number of variables in these types of ordinances:
What types of developments are subject to the ordinance? These ordinances can apply to commercial and/ or residential projects, with different thresholds. For example, some cities exempt projects that are below a specified construction cost or square footage. For residential projects, another threshold can be the number of units.
Most cities also specifically exempt certain projects, such as single family homes, ADU’ s, 100% affordable housing projects, etc.
How much is the obligation of the developer? The obligation is typically between 0.5 and 1.0% of the construction cost of the project, whether the developer provides the art on-site or pays an in lieu fee.
Who decides what art gets installed? Almost all ordinances give the city a role in the art to be selected. That role can range from having a list of artists to having a city body (such as a curatorial committee or arts advisory board) approve the art.
Public Art Ordinances 2 July 14, 2026
Where does the art get installed? If installed by the developer on private property, the art needs to be located where it is “ viewable” by the public from a location accessible to the public. If installed by the city, it must be somewhere that it can be viewed by the public.
Who is responsible for maintaining the art? If the developer installs the art on their property, they or future owners are responsible. If an in lieu fee is paid and art later installed by the city, the city is responsible for maintenance.
The following is a summary of some local ordinances to provide a sense of what others are doing:
Walnut Creek
Walnut Creek’ s ordinance applies to new construction and alterations, with a number of exemptions for alterations ( less than 50% of gross floor area or construction cost less than $ 500,000). They also exempt affordable housing, all residential projects 5 units or less and construction by non-profits.
The base obligation is 1% of construction cost, with parking and nonprofit buildings at 0.5% and can be met by on-site art or an in lieu fee.
The Arts Commission approves the art.
Dublin
Dublin’ s ordinance applies to all new non-residential projects and residential projects of more than 20 units. They exempt TI work, additions/ remodels, nonprofits and day care centers.
The base obligation is 0.5% of building valuation. For the in lieu fee, it is reduced to 0.45% for non-residential projects under 50,000 square feet.
Any developer installed public art must be approved by the City Council after a recommendation from the Heritage and Cultural Arts Commission.
San Ramon
They are in the process of changing their system so this information is not as detailed. They recently adopted a nexus study to establish a public art fee, which is imposed on all projects where installation of public art is not required as a condition of approval.
The fee is based on the cost to pay for identified public art projects the city has already identified and is not based on construction cost of the development project.
Lafayette
The ordinance applies to building in the commercial and multi-family residential zoning districts of the downtown, with some limited exceptions.
Public Art Ordinances 3 July 14, 2026
The value of the public art is based on 1.0% of the construction cost of the project.
An in lieu fee is allowed if the Council finds that there is no appropriate or feasible location at the project site for an installation.
A public art committee appointed by the Council reviews the proposed art and makes a recommendation to the Council.
Livermore
All new construction is subject to the ordinance.
The Base obligation is 0.33% of the cost of construction for the project, with the option to pay the in lieu fee.
RECOMMENDATION
Provide direction to Town staff regarding whether to move forward with drafting an art in public places ordinance and if so, some parameters to be included. These primarily include the types of construction projects to be included and the financial obligation.
Prepared by:
Robert B. Ewing
City Attorney
Jessica Wallner
Recreation, Arts and Community
Services Director