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R10191F:\ATTY \M U N I \LAWS\ALS \C &AConstr. Cost. RES.doc RESOLUTION NUMBER 101',CcS) (City Council Series) \� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE AVERAGE SQUARE FOOT COST OF CONSTRUCTION FOR DETERMINING COMPLIANCE WITH THE PRIVATE DEVELOPER CULTURAL ARTS REQUIREMENT WHEREAS, the Santa Monica City Council adopted Ordinance Number (CCS) on December 5, 2006, adding Part 9.04.10.20 et seq. to Chapter 9.04 of the Municipal Code, establishing the Private Developer Cultural Arts Requirement; and WHEREAS, the Private Developer Cultural Arts Requirement requires that private development projects in the City of Santa Monica include an element of public art or cultural facilities or, alternatively, contribute to a City arts fund for public art and cultural resources and facilities in lieu of installation of such art or construction of such facilities; and WHEREAS, a developer seeking to satisfy the Private Developer Cultural Arts Requirement may do so either through the installation of on -site public art or construction of cultural facilities in the amount of two percent (2 %) of the average square foot cost of construction or an in -lieu contribution in the amount of one percent (1 %) of the average square foot cost of construction of the development project as set forth by resolution of the City Council; and WHEREAS, in adopting the resolution, Section 9.04.10.20.160 of the Ordinance provides that the City Council shall identify the Average Square Foot Cost of Construction for construction categories including, but not limited to commercial, residential, and tenant improvement classifications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Average Square Foot Cost of Construction for residential and commercial development projects established pursuant to Section 9.04.10.20.160 is $200.00 per square foot. SECTION 2. The Average Square Foot Cost of Construction for commercial tenant improvements established pursuant to Section 9.04.10.20.160 is $50.00 per square foot. SECTION 3. The per square foot amount used to determine compliance with the private developer cultural arts requirement shall be calculated by multiplying the appropriate Average Square Foot Cost of Construction by the factor of 2% for on -site public art or cultural facilities, and 1 % for an in -lieu contribution. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect upon the effective date of Ordinance Number (CCS). APPROVED AS TO MARSHA JONES MOUTRIE City Attorney Adopted and approved this 5th day of December, 2006. i Richard Bloom, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10191 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 5th day of December, 2006, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver Mayor Bloom, Mayor Pro Tern Katz Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: Maria M. Stewa City Clerk