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Page 3 of 7 differently, common elements include the collection of an in-lieu fee for public art based on a percentage of construction valuation; the option to provide on-site public art, subject to specified criteria, to meet the program's requirements; and exemptions for certain types of projects. While any public art contribution will ideally be structured in a manner that is financially feasible for development projects, per guidance from the City's consultant, Economic and Planning Systems (EPS), there is no nexus study requirement for a public art contribution or related in-lieu fee. The contribution can be adopted by ordinance, with in-lieu fees adopted by City Council Resolution, to be included in the City’s Master Fee Schedule. As shown in Table 1, neighboring cities have established this fee at between 0.45 percent and 1.0 percent of the project's construction (permit) valuation. Public art projects and programs are complex efforts that involve many stakeholders and staff to create a program that works for the community. It is essential to develope clear expectations, ordinances, and guidelines around the program's scope and purpose, guidance for program administration, criteria for what qualifies as a bona fide public art installation on private property, and allowable use/purpose of funds collected. Table 1: Comparison of Cities' Percent for Public Art Programs Dublin Livermore San Ramon Fee Equivalent • 0.5 percent of the construction value for non- residential buildings over 50,000 sq feet and residential projects of more than 20 units. • 0.45 percent for non-residential buildings less than 50,000 sq feet. • Not less than the program allocation amount for the acquisition and installation of public art in the private development project. The amount is determined by the Building Official. • 1 percent of the construction valuation, as determined by the Building Official, for new residential and commercial development. • 0.5 percent of the construction valuation, as determined by the Building Official for new residential and commercial development additions/alterations to existing residential and commercial development. Exemptions • Low-income housing facilities and community- serving non- • Remodeling, repairing, or reconstructing structures damaged by fire, • Residential development of less than 10 units. • Additions/alterations of an existing commercial development less than Page 164 of 864