(A) Except as provided in division (B) below, the following development projects shall comply with the public artwork requirement established in this chapter.
(1) Residential development projects involving five or more dwelling units and having a project cost in excess of $1 million.
(2) Commercial, industrial, office or other non-residential development projects having a project cost in excess of $1 million.
(B) The following development projects shall be exempt from the public artwork requirement:
(1) Government agency development projects.
(2) Reconstruction of buildings that have been damaged by fire, flood, wind, earthquake or other calamity.
(3) Affordable housing developments that are entirely comprised of residential units that are deed-restricted for occupancy by persons of moderate income or less for a period of 55 years or more.
(4) Tenant improvements to existing structures.
(5) A new development project that is entirely within the boundaries of a Community Facilities District or similar mechanism to fund ongoing city services, established by the City Council and fully approved under applicable law by the property owner.
(Ord. 2004-03 § 2 (part), 2004; Ord. 2008-08 § 4, 2008; Ord. 2017-03 § 2, 2017; Ord. 2023-04 § 3, 2023)