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Page 5 of 7 earthquake, or other calamity. *Note: 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. For each project subject to the requirement, the developer is required to acquire and install a public art project (generally located on the development site). The value of the public art project (inclusive of design, manufacture, and installation) is required to equal or exceed one-half percent (0.5 percent) of the development project’s permit valuation amount (exclusive of land). Since these public art pieces will be on private property, the owner will be responsible for ongoing maintenance, and if permission is given to install on public property, an endowment for maintenance will be required. Criteria for Public Art (13.20.050) The ordinance establishes minimum criteria for public art, specifically excluding from consideration items that would not be allowed to satisfy the requirements. These include mass- produced or reproduction artworks, and functional or design elements that should be considered part of the project (e.g., building detailing, landscaping). All public art would be required to be structurally sound and weather-resistant, and to be located in a "public place" - meaning a place visible to or accessible to the public, even when located on private property. Approval of Public Art (13.20.060) In most cases, the Civic Arts Commission would review and approve any public art proposed as part of a development. The exception is residential projects subject to the Housing Accountability Act, which, due to its stricter timelines and requirements for review and approval, would have the public art subject to review and approval by the Director of Community Development or his/her designee. In-Lieu Fee As an alternative to the contribution requirement, a developer may pay an in-lieu fee, which the City Council will establish and adopt by resolution. Attachment B includes the resolution to adopt the fee, which would be added to the Master Fee Schedule. Specifically, the fee is proposed to be established as follows, added as Subsection F of Master Fee Section II: • Non-Residential Developments equal to or greater than 50,000 square feet: 0.5 percent of the project's permit valuation • Residential Developments with more than 20 units: 0.5 percent of the project's permit valuation • Non-residential developments more than 5,000 square feet but less than 50,000 square feet: 0.45 percent of the project's permit valuation The in-lieu fee will be paid at building permit issuance. The cost will be determined using the permit valuation number calculated or verified by the Chief Building Official. Page 166 of 864