REPORT TO COUNCIL
SUBJECT
Title
Update on In-Lieu Fee Option for Art in Private Development (Information Only)
Report
BACKGROUND
Sunnyvale's Art in Private Development (AIPD) regulation (Municipal Code 19.52), adopted in 1990, requires developers of non-residential projects that meet certain size guidelines or are located along major thoroughfares to install on site public art valued at 1 percent of the construction valuation.
On August 14, 2012, City Council amended the AIPD requirements to allow developers of properties that trigger the public art requirement the flexibility to contribute 1 percent to the City's Public Art Fund and 0.1 percent to a separate Art Maintenance Fund, in-lieu of installing artwork on site. Council took this action via RTC 12-187, Review Effectiveness of Existing Art in Private Development In-Lieu Fee Option - Study Issue (Attachment 1). The option was made available without limitations, so developers could exercise the option at their discretion. Council also amended Council Policy 6.4.4 Art in Public Construction to add deaccessioning guidelines; further defined the parameters under which Public Art Funds can be used; directed staff to develop a Master Plan for Public Art to identify potential public art projects and prioritize public art locations for funding; and changed the policy title to Art in Public Places (AIPP).
At the time of the vote, Council requested staff return two years after implementation with a progress report detailing which private developers have exercised their option.
EXISTING POLICY
Sunnyvale Municipal Code 19.52 - Art in Private Development
Council Policy 6.4.4 - Art in Public Construction
DISCUSSION
Since the in-lieu option was implemented in 2012, 21 projects have triggered the public art requirement. Staff has advised the developers of these projects of their option to place artwork on site or to contribute an in-lieu fee. Nineteen were projects that started after implementation. Two projects began prior to implementation but had not yet decided on their artwork, so staff notified those developers of the in-lieu option. Of the 21, two have opted to pay the in-lieu fee. Eleven have elected to install artwork on site, while eight are still undecided (Attachment 2).
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
Staff
Prepared by: Tegan McLane, Community Services Manager
Reviewed by: Lisa G. Rosenblum, Director, Department of Library and Community Services
Reviewed by: Robert A. Walker, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Report to Council 12-187
2. Art Projects Table