Public Art on Private Development

Projects this policy applies to

The public art on private development (or “Percent for Art”) policy applies to: 

• new residential projects with five or more units
• new commercial and industrial structures and building additions larger than 10,000 square feet (including city sponsored projects).

The policy applies to all development projects with completed land use permit applications filed after June 9, 2015. 

The following project types are exempt from public art on private development (or “Percent for Art”) policy: 

• Low-income housing projects
• Buildings with religious, arts, or cultural uses
• Transitional housing

Read the percent for art fact sheet for more details and guidelines.

Policy requirements

Project developers have three options to meet the policy requirements:

1. Include on-site publicly accessible artwork valued at 1.75% of construction costs 
2. Pay an in-lieu fee to the Private Percent Art Fund valued at 0.8% of construction costs
3. A combination of 1 & 2: include on-site publicly accessible artwork valued at less than 1.75%, and pay 80% of the difference in value to the City as an in-lieu fee.

Once you have made your choice, fill out the Allocation Declaration form and email it to civicarts@cityofberkeley.info.

Process

If you choose to pay the in-lieu fee (option 2), you will pay the 0.8% fee into the Private Percent Art Fund at the same time as other building permit fees.

If you choose to develop on-site publicly accessible artwork (option 1), you will take the following steps:

1. Submit a Conceptual Public Art Plan with your project’s Use Permit application materials
2. If your project has an art budget over $100,000: Engage with a public art consultant (see below for a list of pre-approved consultants) to develop a Preliminary Conceptual Public Art Plan
3. Email a Final Public Art Plan to civicarts@cityofberkeley.info for final review at a publicly-noticed Civic Arts Commission meeting. 

Read the fact sheet and full guidelines for more details. Use the Process Form to complete your project’s Public Art Plans. Reference the Program Checklist to make sure you have included all the required information in your plans.

Learn more about development impact fees.

Pre-Approved Public Art Consultants

Review the list of Pre-Approved Public Art Consultants suitable for developing a Preliminary Conceptual Public Art Plan below. This is required for all private projects that choose to develop publicly accessible artwork on site. 

(Roster active 12/15/2020-12/15/2023)
Click on the name to view qualifications and contact information.

• Barbara Goldstein
• Chandra Cerrito
• Dyson & Womack
• Jennifer Easton
• Jessica Silverman
• Jody Rassell
• Karen Eichler
• Kerri Hurtado/Artsource Consulting
• Lance Fung
• Michael Lerner/Elsa Cameron
• Rowan Coughlin
• Shelly Willis
• Steven Huss