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Page 5 of 7 • Remodeling, repair, or reconstruction of a structure damaged by fire, flooding, wind, earthquake, or other calamity. The Civic Arts Commission recommended adding public school districts to the list of exemptions. However, public school properties are not subject to City Zoning requirements. They are subject to the Division of the State Architect, and thus not generally subject to City codes and ordinances. The Civic Arts Commission also received a recommendation that included limited residential development projects within the scope of the ordinance. As noted, all residential projects have been removed from this recommendation as non-residential projects differ from residential projects in their purpose, scope, and regulatory requirements, and generally provide greater access to the public than residential projects. Public Art Contribution: • On-Site Public Art. The developer shall acquire and install a public art project on or in the vicinity of the development site. The value of the public art project shall equal or exceed one half percent (0.5%) of the development project’s permit valuation amount (exclusive of land). As these pieces will be on private property and the owner will be responsible for ongoing maintenance. The Commission shall review and make recommendation to City Council regarding any public art which is proposed as part of a development. In-Lieu Fee As an alternative to the contribution requirement, 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. As a companion action to adoption of the Ordinance, the City Council is requested to approve a resolution, amending the Master Fee Schedule (MFS) to reflect the in-lieu fee, adding the following to “Section II. Planning Division” of the MFS. F. ART CONTRIBUTION IN-LIEU FEE Non-residential developments equal to or more than 50,000 square feet 0.5% of the development project’s permit valuation Non-residential developments more than 5,000 square feet but less than 50,000 square feet 0.45% of the development project’s permit valuation *Note: The in-lieu fee shall be paid at building permit issuance, using the permit valuation number as calculated or verified by the Chief Building Official to determine costs. Use of Public Art Contribution In-Lieu Fee Page 349 of 674