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Construction cost” shall mean the total value of the project as determined by the Building Department. Calculations shall be based on construction costs as declared on all building permit applications, but shall not apply to costs solely attributable to tenant improvements. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical, and electrical permit applications for the project. No later construction valuation other than the initial value established with the first approved permit shall be used to calculate the one percent obligation to fund public artworks except when changes to the size of the building can result in raising or lowering the required cost of public artworks.

Construction or reconstruction” includes any public or private new construction or rehabilitation, renovation, remodeling or improvement of an existing building, except those construction activities attributable to new tenant improvements, having a new construction cost of $1,000,000, or $500,000 for rehabilitation, renovation, remodeling or improvement of an existing building or multiple buildings within a common site.

Nondevelopment-generated public art” means a public art project not associated with any specific development project or not funded by the public art fund.

Professional artist” shall mean a professional person who is experienced in the production of art in any visual art medium and recognized by critics and their peers as one who produces works of art. Upon request, the Public Arts Committee shall determine whether a person qualifies as a professional artist for purposes of this chapter.

Public art in-lieu fee” means the fee paid to the City pursuant to this chapter equal to one percent of construction cost as defined herein. In-lieu fees shall be placed in the public art fund. The fund shall be used for public art on public property or private property with the owner’s permission. The fund shall be used exclusively to:

1. Provide sites for works of art;

2. Acquire and install works of art;

3. Maintain works of art;

4. Support the exhibition of art which is publicly accessible; or

5. Administer the public art program.

Public art project” means the cost of the development, acquisition, and installation of the public art required by this chapter. It shall include the costs for the administration of this public art program.

Public artwork” means a work of original and enduring art. They should be of high quality and craftsmanship. They should engage the public’s mind and senses while enhancing and enriching the quality of life of the City. The artwork will be generally sited and an integral part of the landscaping and/or architecture of the building, considering the historical, geographical and social/cultural context of the site. The artworks shall be constructed in a scale that is proportional to the scale of the development.

Public artworks may include artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist.

Public artworks may include sculpture, murals, photography and original works of graphic art, water features, neon, glass, mosaics, or any combination of forms of media. If created by an artist as unique elements, public artworks may be architectural features of the building, exterior furnishings or fixtures permanently affixed to the building or the surrounding grounds including walkways, gates, railings, streetlights or seating, or a combination thereof, and may include architectural features of the building.

Public artworks do not include the following:

1. Art objects that are mass-produced of standard design such as playground equipment, benches or fountains;

2. Decorative or functional elements or architectural details, which are designed solely by the building architect as opposed to an artist commissioned for this purpose working individually or in collaboration with the building architect;

3. Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art by the artist;

4. Directional or promotional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions;

5. Logos or corporate identity. (Ord. 1111, 2018)