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7.D. - Page 15 <br /> Fee on private development subject to the Mitigation Fee Act (Government Code Section <br /> 66000 et seq.). <br /> Sec. 45.090 Provision of Publicly Visible Art By Certain Private <br /> Developments. <br /> A. Provision of Art. New commercial developments that have a gross floor area of <br /> 50,000 square feet or more, including office and retail uses, all industrial or light industrial <br /> uses, and any commercial portions of any new mixed use development, shall provide <br /> publicly visible art on-site that is equal in value to at least one (1) percent of the project's <br /> construction valuation. In some instances the cost of artwork may not equate precisely to <br /> one (1) percent of the construction valuation. If the developer does not spend the entire <br /> one (1) percent on public art, the remaining amount shall be contributed to the Art in <br /> Public Places Fund. <br /> B. Construction Valuation. For purposes of this Chapter, the construction valuation <br /> of a development shall be as determined by the Building Official. Valuation of <br /> development projects includes the construction of the building shell. Valuation does not <br /> include costs for architecture, design, engineering and required studies, land acquisition, <br /> site improvements, parking structures, off-site improvements or tenant improvements. In <br /> the event of multi-phased development, valuation is based on the cost of all phases, even <br /> though all phases may not be completed at the same time. <br /> C. Eligible Public Art Expenditures. <br /> 1. Eligible Costs. When calculating the value of art to be placed on a private <br /> development site, eligible costs include the purchase price of the art; art consultant fees; <br /> costs associated with art commissioned for the specific development site; installation <br /> costs, including transportation of the art to the site, pedestals or display costs; wiring, <br /> fixtures and other costs directly related to the installation of lighting the art; and <br /> identification plaques. <br /> 2. Ineligible Costs. All costs not included in the preceding paragraph are <br /> ineligible costs. Such ineligible costs include, but are not limited to, land acquisition, site <br /> preparation, travel costs for the artist, architect fees, utility fees associated with the <br /> installation or operation of the art, costs associated with dedication ceremonies, publicity, <br /> or educational components, operation or maintenance fees and repairs, art assessment <br /> and valuation fees, and insurance of the art. <br /> D. Alternative to Provision of Publicly Visible Art. Developers may choose to make <br /> a contribution to the Art in Public Places Fund in-lieu of placing art on their project site. <br /> Developers shall allocate an in-lieu amount equal to one (1) percent of the building <br /> valuation. The in-lieu fee is to be used to fund art in public places pursuant to the <br /> provisions of this Chapter. The in-lieu fee shall be paid prior to issuance of a building <br /> permit for the project. <br /> Page 9 of 14 <br /> ATTY/ORD.429/ADDING ARTICLE 12 TO CHAPTER 9 OF THE REDWOOD CITY MUNICIPAL CODE ENTITLED"PUBLIC ART FOR <br /> PRIVATE DEVELOPMENTS" <br /> REV:06-07-16 JS <br />