The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Art in public places committee" or "AIPPC"means a committee designated by the City Council to advise the City Council and staff on the implementation of this chapter the public art policy, and expenditures of the public art fund.
"Artist"means a person who has established a reputation of artistic excellence, as judged by peers through a record of exhibitions, public commissions, sale of works, or educational attainment.
"Construction costs"means the total value of any development project covered by this chapter. Calculations shall be based on construction and improvement costs as declared on all building permit applications. Building permit applications shall include, but not be limited to all grading, building, plumbing, mechanical, and electrical permit applications for the project. The actual construction costs for the purpose of determining the public art contribution amount required by this chapter shall be determined by the City's Chief Building Official.
"Developer"means the person or entity that is financially and legally responsible for the planning, development and construction of any development project covered by this chapter, who may, or may not, be the owner of the subject property.
"Development" or "development project"means a project involving the construction of a new building or the rehabilitation, renovation, remodeling or improvement of an existing building, and having construction costs, as defined in this chapter, of $500,000 or more. An existing building that is remodeled with a construction cost greater than or equal to 50 percent of the replacement cost of the building as determined by the City's Chief Building Official, regardless of the actual amount of the construction costs, shall also be subject to the requirements of this chapter. development or development project as herein defined shall include any and all commercial development, including office and retail uses, but not industrial or light industrial uses, and any commercial portions of any mixed-use development throughout the City of Santa Rosa, subject to the following exemptions: remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity; seismic retrofit projects as defined by the Santa Rosa City Code; and fire sprinkler installation projects as defined by Santa Rosa City Code.
"In-lieu contribution"means payment by owner or developer, into the public art fund in the amount of the public art contribution in lieu of installation of public art on-site.
"Installation date"means the actual date on which the public art is installed on site or the date that the certificate of occupancy was issued, whichever is later.
"Public art"means an original work of a permanent nature in any variety of media produced by an artist, as defined by this chapter, or by a team of artists.
"Public art fund"means a fund established and maintained by the City of Santa Rosa for the purpose of funding public art and cultural programming consistent with the public art policy, and administered by the AIPPC.
"Public art contribution"means the dollar amount equal to (i) for the first 12-month period following the effective date of the ordinance codified in this chapter, one-half percent of the construction costs of a development project covered by this chapter, or (ii) after the expiration of the first 12-month period following the effective date of this chapter, one percent of the construction costs of a development project covered by this chapter. In the case of a mixed-use project, the dollar amount equal to one-half percent for the first 12-month period, or one percent thereafter, of the commercial component of that development project. For purposes of determining the public art contribution for a mixed-use project, the construction costs will be determined based on the per square foot cost of the entire development relative to the commercial portions of the development (e.g., total $350.00 per square foot for the entire 15,000 square foot project, where commercial is 2,000 square foot – one percent contribution based on $350.00 X 2,000 = $7,000.00).
"Public art policy"means the City Council Policy 000-42 originally adopted by Council resolution on November 10, 1998, as may be amended from time to time, setting forth those policies governing the AIPPC, the public art program and the administration of the public art fund.
"Public art program"means a program for delivery of a broad range of art and cultural projects and activities throughout Santa Rosa and within the Santa Rosa Arts District, as designated by the City Council in the public art policy.
(Ord. 3805 § 1, 2006)