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2009/01/22 Planning Commission Resolution (2)Item No.: File No.:PL2008-001 PC RESOLUTION NO. 2009-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK RECOMMENDING ACCEPTANCE OF PUBLIC ART FOR THE SONOMA MOUNTAIN VILLAGE COMCAST IMPROVEMENTS AND CREDIT FOR FUTURE ART WORK, LOCATED AT 1400 VALLEY HOUSE DRIVE, FILE NO. PL2008-001; ASSESSOR PARCEL NUMBER 046-051-045. WHEREAS, Sonoma Mountain Village LLC filed a building permit application for tenant improvements for Comcast with a valuation of $1,300.000. The property is located at 1400 Valley House Drive (APN 046-051-045); and WHEREAS, pursuant to the Public Art Ordinance, any building permit for commercial and industrial projects, with a valuation of $500,000 or more, is required to install public art or pay an in -lieu fee in an amount that is equal to one percent of the building permit valuation; one percent equals $13,000; and WHEREAS, on December 8, 2008, the Cultural Arts Commission did review and recommend in favor of the applicant's request to: 1) accept the installed art as sufficient to meet the public art obligations and 2) credit the extra value that was paid by the applicant to install the art ($26,788) toward future public art requirements. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RECOMMEND TO THE CITY COUNCIL: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in approving this resolution does conclude: A. That the art that was installed does meet the requirements of the Public Art Ordinance. Criteria Satisfied: The applicant has installed one wall panel (measuring 20 feet x 24 feet) which is constructed from recycled plywood. The work is located on the southwest corner of Building 4 and has a value of $8,000.00. In addition, the applicant has installed three aluminum statues (measuring approximately 4 feet x 3 feet) of internationally renowned European poster images (Marino Rhaus, Vermouth Blanc, and Pates Baroni). The works are located in the northeast planter area adjacent to the Caf6. The total value of these three pieces is $28,841.00. The total value of all works is $36,841 and exceeds the required $13,000 (one percent construction valuation). B. That the value of the art that was installed exceeds the one percent rcgaircment and therefore may he applied as credit toward future public art requirements. Criteria Satisfied: As the public art that was installed has been deemed acceptable by the Community Arts Commission, a credit of $23,841 may also be deemed acceptable. Section 3. Environmental Clearance. The inclusion of public art is categorically exempt from the California Environmental Quality Act, pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15301 (Class 1 — Existing Facilities). Class I exemptions are for "Existing Facilities" and encompass the operation, repair, maintenance, permitting, leasing of a use that is located within an existing facility. Planning Commission Staff Report January 22, 2009 Page 4 of 7 Item No.: ? File No.:PL2008-001 THEREFORE, BE IT RESOLVED, that the Planning Commission supports the applicant's request and recommends to the City Council that the public art should be accepted as meeting the Ordinance requirements and credit may be issued in the amount of $23,841 toward future art requirements. The said action shall not be deemed final until the appeal period has expired and that the appeal period shall be 10 working days from the date of said action. DULY AND REGULARLY ADOPTED on this 22nd day of January, 2009, by the City of Rohnert Park Planning Commission by the following vote: JOHN BORBA — Chaiiper'son, Rohnert Park Planning Commission Attest: Gam" OXQL Susan Azevedo, R cording Secretary AYES: NOES: ABSENT: ABSTAIN: AHANOTU V ARMSTRONG `/ BORBA fNILSON `, NORDIN `l Plannning Commission Staff Report January 22, 2009 Page 5 of 7