San Ramon Municipal Code Ch. X Public Art Impact Fee

C4-149. Establishment of Public Art Impact Fees.

C4-155 through C4-159. - Reserved. (Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

This Chapter is adopted pursuant to the general powers reserved to the city under its City Charter for the purpose of authorizing a public art impact fee to be assessed upon new residential and commercial developments, where construction of public art is not a condition of project approval, to promote the acquisition, construction, installation, restoration and maintenance of Public Art Pieces in San Ramon that will foster creativity, freedom of expression, cultural awareness, civic pride and a strong sense of community for achieving the community image policies in the general plan. (Ord. No. 485, §1, 10-9-2018; Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026

(Ord. No. 485, §1, 10-9-2018; Ord. No. 537, § 1C (Exh. 3), 03/24/2026) For the purpose of this chapter, certain word and terms are defined as follows: Automatic annual adjustment means the automatic annual adjustment of the Public Art Impact Fees based on the inflation factors identified by the applicable Nexus Fee Study.

Effective on: 4/23/2026 Commercial means all non-residential developments or uses including, but not limited to, office, retail, hotel, and commercial components of mixed use developments and properties. Development means the uses to which property will be put, the buildings and improvements to be constructed on it, and the construction activities incident thereto, together with the process of obtaining all required land use entitlements and/or building permits. Dwelling unit means any building or portion of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family, excepting therefrom any unit rented or leased for temporary residency for fewer than thirty days, such as a motel or hotel room (which shall be considered a commercial use).

Effective on: 4/23/2026

City of San Ramon, CA | Municipal Code 428

Fee resolution means any resolution adopted by the city council which implements the provisions of this chapter including, but not limited to, the setting of the amounts of the fee established hereby and the adoption of provisions for credits, reimbursements and deferral relating to the fees. Government Code means the Government Code of the state of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as it may thereafter be amended or renumbered from time to time.

Effective on: 4/23/2026 Nexus Fee Study means the current and applicable Development Impact Fee Justification Study including other studies, reports, and all supporting data referred to and relied upon in the study to establish applicable fees, which may thereafter be amended, supplemented, or updated from time to time with adoption by the City Council.

Effective on: 4/23/2026 Public Art means the Public Art Piece(s) to be designed, constructed and installed to meet the needs of San Ramon residents and address the impacts caused by the additional persons residing or employed on property as a result of new development, and the costs of the design, construction and installation of which are to be financed by the public art impact fee.

Effective on: 4/23/2026 Public Art impact fee or fees means the monetary exaction as defined by subsection (b) of Government Code Section 66000 and shall include, but not be limited to, the fees established pursuant to this chapter.

Effective on: 4/23/2026 Public Art Piece includes, but is not limited to, paintings, mural decorations, inscriptions, stained glass, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics, or drawings, as well as furnishing or fixtures affixed to the building or its grounds, including architectural features of the building or landscaping that have been uniquely enhanced by an artist to be visually appealing. A Public Art Piece shall be accessible to the public and may be placed on private land within public view or access, or in public places such as City of San Ramon property, the exterior of any City of San Ramon owned facility, public areas, lobbies, or public assembly areas.

Effective on: 4/23/2026 Residential means all residential developments or properties including residential components of mixed use developments and properties.

A public art impact fee is established to provide funding for Public Art. The public art impact fee authorized in this chapter shall be assessed upon landowners developing property for any new residential and commercial developments, where construction of public art is not a condition of project approval, to provide all or a portion of the funds which will be necessary to provide Public Art required to meet the needs of and address the impacts caused by the additional persons residing or employed on the property as a result of the new development. (Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026

C4-149. Establishment of Public Art Impact Fees.

City of San Ramon, CA | Municipal Code 429

A. The city council, by resolution, shall establish the specific initial and subsequent amounts of the public art impact fees with the Nexus Fee Study. B. Future Public Art Impact Fees will be subject to the automatic annual adjustment inflation factors as provided for by the applicable Nexus Fee Study. (Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026

A. The public art impact fee established under this chapter shall be imposed on real property located within the city based upon the following types of development: 1. The construction on the property of a new building or structure, or alterations or additions to an existing building or structure, containing new residential development, including one or more dwelling units; or 2. The construction on the property of a new building or structure, or alterations or additions to an existing building or structure, containing new commercial developments; or 3. The construction on the property of a new building or structure, or alterations or additions to an exisng building or structure, containing mixed use development including components comprised of residential and commercial development. B. Except as may be expressly provided in this chapter, no building permits or extension of permits relating to the activities described in subsection (A) of this section shall be granted unless and until the appropriate public art impact fee has been paid to the city in accordance with the provisions of this chapter or the construction of required public art, including timing of installation, is a condition of approval for the project. C. Notwithstanding anything to the contrary set forth in subsection A of this section or in any other provision of this chapter, the public art impact fee established pursuant to this chapter shall apply to any development project that (1) has heretofore received a development approval or permit, whether discretionary or nondiscretionary, from the city, where the approval of the same has been conditioned upon payment of a public art impact fee; or (2) is subject to a development agreement or other agreement between the landowner and city that requires the payment of a public art impact fee. (Ord. No. 485, §1, 10-9-2018; Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026

The following development shall be exempted from payment of the public art impact fee established by this chapter:

1. All works exempt from building permits pursuant California Building Code Section 105, as amended.
2. Construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit as defined by California Government Code Section 66313, as amended. (Ord. No. 485, §1, 10-9-2018; Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026

New commercial development not specifically required to provide public art as a condition of project approval may elect to do one of the following:

City of San Ramon, CA | Municipal Code 430

1. Pay the public art impact fee, or
2. Install an on-site Public Art Piece(s), generally consistent with the scale of the development proposed and as approved under the Public Art Program process and procedures. (Ord. No. 485, §1, 10-9-2018; Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026

The fees shall be paid in accordance with the adopted fee resolution for each fiscal year at the time of the issuance of necessary building permits. (Ord. No. 485, §1, 10-9-2018; Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026

The fees paid to the city shall be deposited into public art trust fund (the public art fund) or its successor. Money in the public art fund, including accrued interest, shall be expended solely for the purpose as established by this chapter. Collected fees shall be appropriated by the local agency for a specific project to serve residents of the development. The local agency shall appropriate such collected fees in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits for the commercial development or on one-half of the dwelling units created by the residential development, whichever occurs later. If such fees are not so committed, these fees shall be distributed and paid to the then-recorded owners of the commercial development or in the same proportion that the size of the dwelling unit bears to the total area of all dwelling units in a residential development. The income, expenditures, and status of the public art fund shall be reported to the city council annually. (Ord. No. 485, §1, 10-9-2018; Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026

C4-155 through C4-159. - Reserved.

(Ord. No. 537, § 1C (Exh. 3), 03/24/2026)

Effective on: 4/23/2026