Population: 122,324
Type of Requirement: Ordinance

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

Main Contact:
Carianna Arredondo, Secretary of the Civic Arts Commission
Email Carianna | (510) 981-7007

Percentage for Public Art on Private Projects, Berkeley, California, Municipal Code, Title 23, Section 23.316 (2021).

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. Accepted art media include: functional art integrated into the building, landscape, or element of infrastructure, including sculpture, monument, mural, painting, drawing, photography, fountain, banner, mosaic, textile, art glass, digital media art, video, earthworks and multi-media installation, which must all be available to the public during normal business hours. Alternatively, developers may pay an in-lieu fee to the City, the value of which shall be eight-tenths of a percent (0.8%) of the construction costs. This fee will be used for Art and Cultural Services as set forward in the Guidelines. 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