AgdaPkt 2016-06-13 Interview and Joint SA PFA

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7.D. - Page 4 provide publicly visible art on-site together with paying an in-lieu fee, provided that the aggregate value of the on-site art and in-lieu fee must equal at least one percent of the project's construction valuation. The provisions of the ordinance apply to new commercial developments, including office and retail uses, and all industrial and light industrial uses, and any commercial portions of any new mixed use development that have a gross floor area of 50,000 square feet or more. The following types of projects shall be exempt from this requirement to provide on-site public art: a. Buildings financed with public funds b. Capital improvement projects performed by the City. c. Public and Quasi-Public uses as defined by Article 2, Section 2.2 of the Zoning Code d. Child Care Centers, including Family Child Care Homes e. Recreational facilities for public use and enjoyment within commercial or industrial developments f. Housing for the elderly, nursing homes, rest homes, residential care facilities and skilled nursing facilities g. Schools, public and private h. Property eligible for the California Property Tax Welfare Exemption that is (1) used exclusively for charitable purposes and (2) owned or held in trust by nonprofit organizations operating for these purposes and that have a current tax exempt letter from the Internal Revenue Service or the Franchise Tax Board. i. Development projects located on property owned by the state of California, the United States of America, or any of its agencies and used exclusively for governmental or educational purposes. j. Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity, so long as the square footage and use of the building remains the same, and construction of the replacement building begins within one year of the damage's occurrence. k. Development projects to the extent they have received a vested right to proceed without providing on-site art pursuant to state law, including those that are the subject of development agreements currently in effect with the City, if such development agreements were approved prior to the effective date of the proposed Ordinance and where such agreements expressly preclude the city from requiring compliance with the proposed Ordinance. I. Development projects for which applications have been deemed complete prior to the effective date of the proposed ordinance. Developers affected by this requirement must submit a letter of intent stating whether they plan to satisfy their obligations by providing on-site art or paying an in-lieu fee. This letter of intent must be submitted before the development application is deemed