Union City Municipal Code Ch. 12.40 The Art in Public Places Program

The City Council hereby declares that the City has a policy of promoting the visual arts in Union City by requiring the inclusion of a public artwork component in new development projects in Union City. Therefore, as of the effective date of this chapter, the City shall require that certain City-sponsored developments and certain private developments use a portion of building development funds for the acquisition of publicly-accessible works of art for placement on the development site or elsewhere in the City as a condition of project approval. Projects where such art installations are not feasible shall be required to pay an equivalent in-lieu fee into the Public Art Fund.

(Ord. 713-08 § 1, 2008)

For purposes of this chapter, the following definitions shall apply:

"Building development costs"

shall mean those construction costs as declared on all building permit applications, and as accepted by the Building Official, but shall not apply to costs solely attributable to tenant improvements. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project.

"Art in Public Places Program in-lieu contribution"

shall equal the percentage of building development costs required herein.

(Ord. 713-08 § 1, 2008)

A. Private Developments. Private building developments with building development costs in excess of two hundred fifty thousand dollars and subject to site development review approval by the City Council shall devote an amount not less than one percent of such costs for acquisition and installation of publicly-accessible art on the development site.

1. Private building developments with building development costs in excess of two million dollars shall be required to contribute at least thirty-three and three-tenths percent (one-third) of the one percent requirement for public art to the Union City Public Art Fund.

2. Private building developments with building development costs in excess of fifty million dollars may meet their obligation under this section through a development and disposition agreement negotiated with the City and/or Redevelopment Agency in an amount to be negotiated between the parties.

3. At the discretion of the City Council, and in lieu of developing an on-site public art work, an Art in Public Places in-lieu contribution may be placed into the Union City Public Art Fund for acquisition and placement of public art throughout the City.

4. The Art in Public Places Program obligation shall not apply to private developments of fewer than eight residential units. For purposes of this paragraph, "residential units" includes "live-work" units.

5. Contributions of funds or other involvement with the Redevelopment Agency shall not necessarily change the characterization of the project as a private development.

B. Public Developments. For public building developments by the City of Union City or its Redevelopment Agency, with building development costs in excess of two hundred fifty thousand dollars and subject to site development review approval by the City Council, the City or Redevelopment Agency shall expend an amount not less than one percent of such costs for publicly-accessible art on the development site.

(Ord. 713-08 § 1, 2008)

There is hereby created a Union City Public Art Fund, which funds shall be restricted to the implementation of the Art in Public Places Program, as set forth in the Union City Capital Improvement Program. Such funds may be used to acquire, place, and maintain public art on public property throughout the City, and to administer the Art in Public Places Program.

(Ord. 713-08 § 1, 2008)

Guidelines for implementation of the Art in Public Places Program ("Public Art Guidelines") shall be promulgated by the Public Art Review Board to be approved by the City Council of the City of Union City.

(Ord. 713-08 § 1, 2008)

Compliance with the provisions of this chapter shall be demonstrated by the owner or developer at the time of filing the building permit application as follows:

A. Payment of the full amount of the in-lieu contribution, or

B. Written proof to the Building Services Division of a contractual agreement to commission (or purchase) and to install the requested art work on the development site. All art installations mandated by the section shall be reviewed and approved by the Public Art Review Board in accordance with Public Art Guidelines adopted by the City Council. The owner or developer shall provide the City with proof of installation of the requested art work on the development site or proof of full payment of the in-lieu contribution before issuance of the Certificate of Occupancy, unless the City has approved some other method of assuring compliance with the provisions of this chapter.

(Ord. 713-08 § 1, 2008)

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

(Ord. 713-08 § 1, 2008)