Newark Municipal Code Ch. 12.36 Public Art in Public Places and Private Development

The purpose of this chapter is to implement Goals LU-4-9 and LU-4-D of the City of Newark's General Plan to use public art that is accessible or visible to the public and conveniently or prominently situated in public places and new developments to commemorate Newark's cultural diversity, and goals of the Public Art Master Plan update adopted by the City of Newark in 2024.

The city council finds and declares:

1. Public art contributes to the public's understanding, enjoyment and experience of cultural diversity, and helps to attract and anchor a large and diverse creative sector, enriching the city's cultural identity which is a key component of the city's economic vitality.

2. The incorporation of public art into private and public development will create a unique sense of community as well as public identity and enhance the visual and aesthetic quality of such developments.

3. The incorporation of public art in private and public development is in the public interest and enhances the economic sustainability of artists and arts organizations as a key to the vitality of the city.

4. The provision of public art supports and implements general plan policies to use public art that is accessible or visible to the public and conveniently or prominently situated in public places and new developments to commemorate Newark's cultural diversity.

5. Artistic assets should be included in private development projects, especially major gateways into Newark and along major arterials because gateways make an important first impression and can define a city's image for residents, businesses, and visitors.

6. Artistic resources foster economic development and tourism, revitalize urban areas, increase real property values, and improve the overall business climate by creating a more desirable community within which to live and work.

7. The provision of public art supports and implements the City of Newark Public Art Master Plan goals to:

a. Provide diverse and engaging public art throughout Newark.

b. Commission community-focused art in publicly accessible places.

c. Integrate public art into all qualified municipal capital construction projects.

d. Celebrate Newark's cultural diversity through public art.

e. Connect and build the artist community in Newark.

f. Provide ongoing financial and administrative support for public art.

g. Maintain and expand the city's collection of public art.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

As used in this chapter, the following terms shall have the following meanings:

"Alteration" means the rehabilitation, renovation, remodeling or improvement of an existing building that requires the issuance of a building permit by the city.

"Construction" means the new construction (in whole or in part) of a building that requires the issuance of a building permit by the city.

"Construction cost" means the total value of the project as determined by the chief building official and indicated on the building application submitted to the city in order to obtain a building permit, or permits, for the project. Building permit applications shall include, but not be limited to, all grading, building, plumbing, mechanical, and electrical permit applications for the project.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

The provisions of this chapter apply to all construction or alteration except as set forth below.

1. This chapter does not apply to residential alterations.

2. This chapter does not apply to the portion of a residential project consisting of dwelling units that are restricted to very low, low or moderate income households (as defined in this code).

3. This chapter does not apply to alterations with a construction cost of less than five hundred thousand dollars.

4. This chapter does not apply to projects that have received entitlements or been deemed complete by written notification from city staff prior to the effective date of the ordinance codified in this chapter. If this chapter does not apply to a project for these reasons, such project must comply with city council Resolution No. 6582.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

A. For any project subject to this chapter, public art must be provided as described in Section 12.36.060 or an equivalent payment must be made to the public art fund as provided in Section 12.36.070.

B. Except as provided elsewhere in this chapter, the public art requirement applies for each incidence where construction or alteration occurs. No exemptions or credits for previously installed public art or previous payments to the public art fund will apply.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

The city council has established guidelines for implementation of this chapter.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

A. Anyone seeking to satisfy the public art requirement by placing art on a project site must comply with this section.

B. Except as provided below, construction or alteration projects must provide art with a value equal to at least one percent of the construction cost. The value of the public art includes the cost of the development, acquisition, and installation of the public art, the administrative costs associated with creating and installing the art, and any costs charged for the administration of this chapter.

C. Public art may include sculpture, murals, photography and original works of graphic art, earthworks, fiber works, waterworks, neon, glass, mosaics, or any combination of forms of media, furnishing or fixtures permanently affixed to the building or its grounds, or a combination thereof, and may include architectural features of the building or elements of landscape design.

1. Public art may also include any other artwork determined by the public art committee, or city council on appeal, to satisfy the intent of this section.

2. The creator of public art shall be a practitioner in the visual arts who is not a member of the project engineering, architecture or landscape architecture firm.

D. The public art must be located:

1. In areas on the site clearly visible from the public street or sidewalk;

2. In publicly accessible outdoor areas;

3. On adjacent public property (subject to the approval of any relevant public agency); or

4. In a publicly accessible area such as a hotel lobby.

Public art must be displayed in a manner that will enhance its enjoyment by the general public.

E. Written proof to the city of a contractual agreement to commission (or purchase) and to install the requested artwork on the development site must be provided at the time of filing the building permit application.

F. The public art must be installed prior to the issuance of the first certificate of occupancy unless the community development director concludes that it is not feasible to install the public art within this time frame and adequate assurance (which the director may require to be in the form of a letter of credit or bond) is provided that the public art will be installed in a timely manner, in which case the community development director may extend the time for installation.

G. Each piece of art shall provide an approved identification plaque or monument which shall be placed near the artwork.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

A. Any person subject to this chapter may choose to make a payment to the city's public art fund that is equivalent to the valuation required for providing art as set forth in Section 12.36.060. When the value of the public art would be fifty thousand dollars or less, it is encouraged, but not required, that a payment be made to the public art fund.

B. Public art payments must be made prior to the issuance of a certificate of occupancy.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

The City of Newark Public Art Fund must be used to further city-owned art or city-sponsored exhibitions that are accessible to the public. The fund must be used exclusively to:

1. Prepare sites for works of art;

2. Acquire and install works of art;

3. Maintain works of art;

4. Support the exhibition of art; and

5. Fund administrative costs associated with the public art program.

The public art committee shall recommend utilization of monies in the public art fund.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

The appeals process will be pursuant to the city council approved public art guidelines.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

A. The owner of the real property on which public art is located must maintain the public art installed pursuant to this chapter, or cause to be maintained, in good condition the on-site artwork continuously after its installation and shall perform necessary maintenance thereto to the satisfaction of the city. No work of art may be removed unless a replacement work of public art is approved pursuant to this chapter.

B. Should the property owner wish to remove the on-site artwork, the city must be notified in advance. The property owner shall replace the on-site artwork with on-site artwork of equal or greater value, and consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law.

C. The city reserves the right to inspect the artwork at any time to ensure it is being maintained as required pursuant to this section.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

The city council, at its discretion, may waive, wholly or partially, the requirements of this chapter and approve alternative methods of compliance with this chapter if the applicant demonstrates, and the city council finds, that such alternative methods meet the purposes of this chapter.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)

In addition to other fines or penalties provided by state or municipal law, the city may revoke or suspend any permit granted to any developer and/or owner who violates the provisions of this chapter.

(Ord. No. 559, § 3(Exh. A), 1-8-2026)