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A. The APPP allocation, as used in this Subchapter, is the percentage of the construction costs which is set aside for the City's APPP and shall be an amount equal to one percent (1%) of the total building permit construction valuation for an applicable project, excluding land acquisition costs. The total building permit construction valuation used for determining the APPP allocation shall be based on the latest building construction valuation data used by the Building Safety division staff, based on R.S. Means Square Foot Costs, unless, in the opinion of the Building Official, a different valuation methodology is more appropriate for a particular project.
B. Multiple building permits issued within a three year period for a single project shall be considered in the aggregate in determining the APPP allocation.
C. If the total APPP allocation for a project is less than seventy-five thousand dollars ($75,000), the applicant shall pay their APPP allocation into the Cultural Trust Fund as the only option for complying with the APPP requirement.
D. Payment of any required APPP allocation shall be received prior to issuance of a City building permit.
E. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant shall either:
1. Pay the APPP allocation into the Cultural Trust Fund prior to issuance of a City Building Permit ("in-lieu fee"); or
2. Commission original, site-specific artwork for the applicant's development project, with
a valuation equal to or greater than the APPP allocation, in compliance with the guidelines of this Subchapter; or
3. Donate artwork to the City with an appraised value equal to or greater than the APPP allocation, in compliance with the guidelines of this Subchapter; or
4. Incorporate a Cultural Facility into the applicant's development project, in compliance with the guidelines of this Subchapter; or
5. Have the building or a portion thereof designated “Architecture as Art,” in compliance with the guidelines of this Subchapter.
F. Any applicant whose APPP allocation is less than seventy-five thousand dollars ($75,000) may voluntarily increase their APPP allocation to an amount of seventy-five thousand dollars ($75,000) or greater, and thereby qualify the applicant to fulfill the APPP requirement pursuant to Subsection 15.06.125. E.
G. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant may place an approved artwork, create a Cultural Facility, donate artwork, or designate their building “Architecture as Art” with acquisition and installation costs totaling less than the applicant's APPP allocation; provided that, such costs are at least seventy-five thousand dollars ($75,000) and that the applicant also pay the difference between its APPP allocation and such costs into the Cultural Trust Fund.
H. For the commission of new on-site artwork, applicants are required to use a Request for Proposal (“RFP”) process for selecting an artist when the APPP allocation exceeds one hundred thousand dollars ($100,000). The applicant shall also hire a qualified art consultant to assist with the RFP process, proposal development, and project oversight. The art consultant shall be selected from a pre-quaiified list provided by the City. The CAC Public Art subcommittee and staff shall review the art consultant and RFP information with the applicant prior to releasing the RFP. The RFP will include the following components:
1. Deadline for submission of requested information;
2. Information on development project components, including but not limited to goals for the development project and the artwork, scope of work, physical description of project site and other physical or legal restrictions which may apply;
3. Proposal review/selection schedule;
4. Scope of services;
5. Artwork budget;
6. Development project and artwork timelines; and,
7. Evaluation criteria.
I. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant may opt to fulfill the APPP requirement by incorporating a Cultural Facility within the development project. In order to ensure integrated projects, applicants shall submit plans to the Community Development Director during Preliminary Project Review (PPR) or prior to receiving any discretionary review approvals. The only acceptable Cultural Facilities are: indoor and outdoor performing arts spaces that can accommodate a minimum audience of fifty (50), with a performance area of at least five hundred (500) square feet, or exhibition spaces designed for the visual arts. Cultural Facilities must include all amenities for supporting a performance or art exhibition space, including a sound and lighting system, audience seating, separately designated restrooms, and technical space. Cultural Facilities shall be permanent and must be ADA-compliant. Further, the facility must be made available to the recipients of the Culver City Performing Arts Grant Program and Culver City-based visual and performing arts organizations at rental rates no higher than other local arts venues. Cultural Facilities must be specifically designated as such and cannot be used for any other purpose on an on-going basis. Applicants may receive credit for up to three (3) years of operations, maintenance and programming costs for Cultural Facilities, together with construction costs, toward fulfillment of the minimum APPP allocation for their project. The applicant's proposal for a Cultural Facility shall include a plan that identifies key staff, programming goals and an associated budget for a minimum of three (3) years. The proposal shall be approved by the Cultural Affairs Commission, monitored by designated City staff, and subject to all applicable federal, state and local laws and regulations. Review and approval of Cultural Facilities shall include review by a CAC subcommittee with a recommendation to the full CAC. Cultural Facilities are required to display a permanent plaque as outlined in Subsection 15.06.155.F.3. and are subject to the covenant and maintenance requirements of Section 15.06.150.
(Ord. No. 2013-003 § 1 (part))