Title
Proposed Citywide Text Amendments to the City of Alameda Zoning Ordinance (AMC Chapter 30) to Modify Public Art Requirements. Applicant: City of Alameda. Public hearing to consider proposed amendments to Alameda Municipal Code Chapter 30. The proposed amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15303.
Body
To: Honorable President and Members of the Planning Board
From: Lois Butler, Economic Development Manager
Date: April 26, 2021
EXECUTIVE SUMMARY
Alameda Municipal Code (AMC) Section 30-98 Public Art in New Commercial, Industrial, Residential and Municipal Construction (Public Art Ordinance) requires that certain development projects contribute a minimum of 1% of building development costs for acquisition and installation of on-site public art. The Public Art Commission (PAC) is recommending a series of revisions to the Public Art Ordinance, including changes to the public art application process and allowable uses of the Alameda Public Art Fund (Fund).
BACKGROUND
The City of Alameda’s (City) Public Art Ordinance requires that certain development projects dedicate 1% of development costs to on-site public art. The Public Art Ordinance allows an applicant to contribute an equivalent amount into the Fund in lieu of providing the art on-site. The Public Art Ordinance states that revenues in the Fund can only be used for specified purposes to provide or support public art.
In 2017, the City Council approved an amendment to the Public Art Ordinance, which included revisions to three major items, among other changes:
• Removal of the $150,000 cap on the maximum public art allocation,
• Removal of the requirement that public art focus on Alameda’s historic and maritime traditions, and
• Removal of staff administrative and maintenance costs as an allowable use of the Fund.
Over the past year, the PAC has conducted numerous public hearings to consider additional amendments to the Public Art Ordinance, and recommended the following changes be adopted by the City Council:
• Require developers to declare their intention to install on-site artwork or contribute to the Fund prior to receiving planning approvals, and clarify that, after on-site artwork is reviewed and approved by the PAC, any change in location will require PAC approval.
• Clarify that a maintenance plan must be approved by City staff and included in the conditions of approval, and that the maintenance plan and conditions of approval must be recorded against the property prior to the issuance of the first certificate of occupancy.
• Remove the limitation that cultural arts grants can only be awarded to non-profit arts/cultural organizations.
• Specify that City Council approval is only required for Fund expenditures that exceed the purchase authority of the City Manager.
• Allow the Fund to be used for conservation, maintenance and deaccession of public art.
The revisions listed above are discussed in more detail in the following section. As part of the Housing Element update, Planning, Building and Transportation staff will be leading an effort to evaluate barriers to residential construction in Alameda, including a review of all City fees and requirements. As part of this evaluation of potential barriers, additional changes to the Public Art Ordinance may be considered at that time.
DISCUSSION
Staff has prepared draft text amendments to the AMC to modify the existing Public Art Ordinance. Staff recommends the Planning Board hold a public hearing and recommend City Council adoption of the draft Ordinance (Exhibit 1).
1) Require developers to declare their intention to install on-site artwork or contribute to the Fund prior to receiving planning approvals. The current Ordinance requires developers to complete the public art application and approval process prior to final building inspection, or issuance of the first certificate of occupancy. Requiring developers to decide whether they plan to acquire and install on-site public art or make an in-lieu contribution to the Fund earlier in the process will encourage a more thoughtful and integrated approach to on-site artwork.
2) Clarify that the maintenance agreement must be reflected in the conditions of approval and recorded against the property prior to the issuance of the first certificate of occupancy. This revision modifies language in the current Ordinance that is unclear, and ensures that maintenance responsibilities for the artwork will run with the land.
3) Remove the limitation that cultural arts grants can only be awarded to non-profit organizations. The purpose of this revision is to allow more flexibility in the issuance of grants to individual performers and artists - particularly for the Public Art Small Grants program. Currently, artists receiving grants as small as $500 are required to have non-profit status, which can be a barrier for emerging artists. For larger grants (above $2,000), the PAC intends to continue its practice of only providing such grants to non-profit organizations.
4) Specify that City Council approval is only required for Fund expenditures that exceed the purchase authority of the City Manager. Currently, Fund expenditures of any size require approval from City Council. This revision would allow the PAC to approve Fund expenditures below the purchase authority of the City Manager ($75,000), thereby providing the PAC with more flexibility and efficiency in approving small changes to arts grants, as well as implementing smaller grants and grant programs. City Council budget appropriation approval will continue to be required.
5) Allow the Fund to be used for conservation, maintenance and deaccession of public art. After a review of best practices in other Bay Area cities (Exhibit 2), the PAC recommends that maintenance be added back as an allowable use of the Fund, in addition to conservation and deaccession. This would allow the Fund to be used not just for the installation of new public art, but also as needed to maintain the integrity of the City’s public art collection throughout its lifetime. Regular maintenance of public art is critical to ensuring the longevity and safety of the works, and to avoiding significant and unanticipated restoration and/or deaccession costs. The current Ordinance requires property owners to maintain public artwork installed on-site, and public artwork installed on public property is typically maintained by the department that oversees that property, so the Fund would only be used for maintenance on an as-needed basis.
Further Evaluation as Part of the Housing Element Update
The City is required under state law to evaluate governmental constraints and barriers to housing production as part of the 2023-2031 Housing Element Update over the next 18 months. Planning staff will evaluate the current 1% public art obligation as a possible barrier to housing production along with all other development fees and impact fees. At this time, Planning staff asks the Planning Board to provide preliminary comment and direction on aspects of the Public Art Ordinance that warrant further study, which may include but not limited to:
• Re-establishing a Public Art cap for housing development, or
• Establishing a lower Public Art requirement for housing or affordable housing, or
• Other option for further study.
ENVIRONMENTAL REVIEW
The proposed amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) (where it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment) and 15303 (new construction or conversion of small structures), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance.
PUBLIC NOTICE AND COMMENTS
This agenda item was advertised in the Alameda Sun and public notices were posted as required by the AMC. No comments were received on the draft Ordinance as of the writing of this staff report.
RECOMMENDATION
Staff recommends that the Planning Board hold a public hearing and recommend by motion that the City Council adopt the draft Ordinance.
Respectfully submitted,
Lois Butler, Economic Development Manager
By,
Amanda Gehrke, Development Manager
Allen Tai, City Planner
Exhibits:
1. Draft Ordinance
2. Summary of Public Art Requirements, Select Bay Area Cities