The purpose of this chapter is to improve and expand the inventory of public art within the City of Pleasanton. It is the intention of this chapter to establish an art contribution or fee alternative requirement for the purposes of promoting public art in private and public developments to foster creativity, engender civic pride, encourage a sense of community, and enrich cultural identity in the lives of city residents.
(Ord. 2298, 9/16/2025)
"Alteration"
means the rehabilitation, addition, or expansion of 5,000 square feet or more of an existing building involving significant exterior modifications including changes to rooflines, trim, and materials.
"Artist"
means a person who has an established reputation of artistic excellence in the visual, performance, literary and/or media arts, as judged by peers, through a record of exhibitions, public commissions, sale of artworks, and/or educational attainment.
"Artwork"
means all forms of art created by an artist and conceived in any discipline or medium, including visual, performance, literary, media and temporary works.
"City of Pleasanton public art collection" or "city collection"
means all artworks owned by the city of Pleasanton or installed on city-owned property.
"Commission"
means the group identified by city council to provide recommendations on public art.
"Deaccession"
means the procedure for the removal of artwork.
"Development project"
means any development which requires the issuance of a building permit by the city of Pleasanton.
"Director"
means the director of community development or his or her designee.
"Final construction or alteration costs"
means the actual cost to build a new structure or alter an existing structure as demonstrated by the final project cost accounting or "guaranteed maximum price" in a general contract agreement between an architect, contractor and property owner including any change orders, modifications or amendments at the end of a project. The final construction costs will be verified with a declaration and signatures from all parties stating the amount is accurate.
"Maintenance"
means actions taken to retard or prevent damage to artwork by control of the environment and/or treatment of the artwork on a routine and long-term basis.
"Preliminary construction or alteration costs"
means the estimated cost of construction or alteration cost as determined by the city's building official.
"Public art"
means original visual works of art as defined in Section 13.16.030 of the Pleasanton Municipal Code.
"Public place"
means any exterior area on public or private property that is easily accessible and clearly visible to the general public. If located on private property, the area will be clearly visible from adjacent city-owned property, such as a street, sidewalk, park or plaza.
"Value of artwork"
means the total cost of design, manufacture, and installation. In the case of an artwork installed on city-owned property, the cost of artwork will include an endowment for the long-term maintenance of the artwork. The cost of artwork does not include the artist's attendance at committee meetings and transportation of the art.
(Ord. 2298, 9/16/2025)
A. 
Public art shall be installed as a condition of approval for the construction or alteration of all new non-residential development equal or greater than 5,000 square feet and any non-residential project involving the alteration of an existing structure or structures where the value of the construction would exceed $1,000,000.
B. 
The public art contribution requirement shall not apply to the following development projects or activities:
1. 
Residential projects.
2. 
Tenant improvement projects.
3. 
Childcare facilities as defined in Section 17.38.020 of the Pleasanton Municipal Code.
4. 
Buildings and facilities used exclusively by nonprofit agencies and institutions exempt under Section 501(c)(3) of the Internal Revenue Code of 1986 to provide social services to the general public.
5. 
Buildings and facilities used exclusively for religious purposes as defined in the California Revenue and Taxation Code § 207.
6. 
Condominium conversion projects.
7. 
Underground public works projects.
8. 
Street or sidewalk repairs.
9. 
Tree planting or median landscaping.
10. 
Remodeling, repair or reconstruction of a structure damaged by fire, flooding, wind, earthquake, or other calamity.
C. 
The value of the artwork will be an amount not less than 0.5% of the development project's permit valuation (exclusive of land).
(Ord. 2298, 9/16/2025)
As an alternative to the contribution requirement contained in Section 13.20.030, a developer may pay an in-lieu fee. The in-lieu fee shall be established and adopted by the city council from time to time by resolution.
(Ord. 2298, 9/16/2025)
A. 
Public art shall be subject to the following criteria:
1. 
No unpermitted obstruction or encroachment in the public right-of-way shall be permitted.
2. 
The materials used for the public art shall be structurally sound and weather resistant.
B. 
The following may not be used to satisfy the contribution requirement contained in Section 13.20.030:
1. 
Art objects which are mass-produced from a standard design;
2. 
Reproductions of original artworks;
3. 
Decorative, ornamental, or functional elements including details and fenestration of a building which are designed by the project architect as opposed to an artist commissioned for the purpose of creating the artwork; or
4. 
Landscape architecture and landscape.
C. 
Unless given prior approval from the director of community development installation of public art shall be on or within the project site.
(Ord. 2298, 9/16/2025)
A. 
Application. An applicant seeking approval of a project subject to the requirements of this chapter shall submit a public art application, as established by the city council, to the planning department, generally at the same time as the application for planning approval, or in instances where no planning approval is required, at the time of building permit. The application will include the preliminary construction and alteration cost of the project, a description of the proposed public art, budget for design, fabrication, transportation, and installation, resume of the artist, and a maintenance program and budget.
B. 
Review. Applications shall be reviewed by the commission. In reviewing applications, the commission shall consider the following criteria:
1. 
Quality. The foremost consideration will be the quality of the proposed artwork as assessed by the critical review of the commission. The reputation and/or promise of the artist may also be key considerations.
2. 
Relationship to the Collection and to the Community. The proposed artwork will be analyzed for its potential relationship to the city's present collection and the requirements of this chapter.
3. 
Compatibility. Conceptual compatibility and appropriateness of the proposed artwork to the surrounding built and/or natural environment will be factors for consideration, and will include scale, form, content, and design.
4. 
Materials, Fabrication and Installation. The commission shall evaluate the existing artwork's material or the artist's proposed materials and their appropriateness as regards to structural and surface integrity, protection against theft, vandalism, public safety, weathering, and an analysis of long-term maintenance needs. The commission will also evaluate the proposed method of installation and an evaluation of safety and structural factors involved in the installation.
C. 
Agreement. Prior to issuance of a building permit, the applicant shall enter into an agreement with the city to either install the approved public art or pay the in-lieu fee. Applicants are required to either pay the in-lieu fee or install the public art project prior to the issuance of a certificate of occupancy.
D. 
Deaccession. The alteration or removal of public art or public art that was installed as a requirement of this chapter will be subject to the provisions of Section 13.20.070 (Deaccession).
(Ord. 2298, 9/16/2025)
A. 
Public Art on Private Property. Public art that was installed as a requirement of this chapter will not be removed or altered unless the replacement or alteration is reviewed by the commission and approved by the city council pursuant to this chapter.
B. 
Public Art in the City Collection. In accepting an artwork into its collection, the city will not be bound by any agreement with a project applicant or donor of artwork that restricts the city's ability to act in the city's best interests. Nothing in the acceptance of an artwork will prevent the city from approving subsequent disposal (removal, relocation, and/or appropriate sale) of such artwork if it serves the city's best interest to do so. When disposal is proposed, the committee will review the proposal and make a recommendation to the city council for final action. The city will deaccession and sell or otherwise dispose of artworks in its collection in accordance with the limitations of the California Preservation Act (Civil Code § 987) and the Visual Rights Act of 1990 (17 U.S.C. §§ 106A and 113(d)).
(Ord. 2298, 9/16/2025)
A. 
In-lieu fees for public art and maintenance endowments for public art will be placed in a public art fund as defined by Pleasanton Municipal Code Section 13.16.030. Use of such funds shall be as described in Pleasanton Municipal Code Section 13.16.040.
B. 
No more than 10% of public art funds collected from in-lieu fees shall be used for the administration of the public art program.
C. 
The commission will recommend to the city council how the public art fund should be expended.
(Ord. 2298, 9/16/2025)