Article II — Public Image Enhancement Program

The purpose of this section is to enhance the overall image of the city through aesthetic and cultural improvements. The program also serves to help implement the image enhancement program of the 1993 adopted city general plan. (Ord. 887 § 5, 1996)

There is created a fund to be known as the "public image enhancement fund" to account for fees paid pursuant to this article. The fund shall be maintained by the city treasurer, and shall be used solely for the implementation of the public image enhancement program. (Ord. 887 § 5, 1996)

The provisions of this section shall apply to all new development in residential zones of building valuation of one hundred thousand dollars or more, or for new or remodeled development in all commercial and industrial zones of building valuation of one hundred fifty thousand dollars or more. For the purposes of determining overall project applicability, the estimated valuation of the ultimate completed development proposal; or, in the case of phased development or phased subdivision, the overall estimated project valuation upon completion of the final phase shall determine applicability. Building valuation shall be computed using the latest building valuation data as set forth by the city building division.

(Ord. 887 § 5, 1996)

Fees are to be paid at time of certificate of occupancy issuance in the following amounts:

Residential: 0.5% of building valuation. For an owner-constructed and -occupied single-family residential unit, the first one hundred thousand dollars of building valuation is exempt from fee calculations; fees shall be calculated based on valuations greater than one hundred thousand dollars. For all other uses, fees shall include the first one hundred thousand dollars of building valuation.

Commercial or industrial: 1.0% of building valuation. Expenditure of fee may only be allotted for public space and right-of-way improvements. (Ord. 887 § 5, 1996; Ord. 923 § 5, 1999)

The following projects are exempt from the provisions of this article:

• A. Remodel of existing single-family development where such remodeling does not entail the complete demolition of the unit down to foundation;

• B. Residential units covenanted for low or moderate income housing;

• C. Seismic retrofit;

• D. Reconstruction due to damage inflicted by an earthquake or natural disaster if so declared by the mayor of the city.

• (Ord. 887 § 5, 1996)

There is hereby established the public image enhancement priority program to delineate the categories and priorities of various public image enhancement projects. Such priorities shall consist of signage, landscape or median improvements at key entry points to the city; art in public places; street banners or pole flags; railroad overpass or overhead pedestrian crosswalk signage; median and parkway improvements or similar image enhancement programs as determined by the city council. The actual list of program priorities shall be adopted or amended by resolution of the city council upon recommendation by the planning commission. Specific project enhancements or expenditures from the public image enhancement fund can only be made for those enhancements contained in the priority program.

(Ord. 887 § 5, 1996)

The planning commission shall act as the advisory body to the city council involving expenditures from the public image enhancement fund. (Ord. 887 § 5, 1996; Ord. 923 § 6, 1999)

Fees paid into the public image enhancement fund which are not committed within five years from the date of payment may be returned to the current owner of the development project, with all interest earned, if a written request for return is filed with the city clerk after the fifth year anniversary of payment, and refund of fees is approved by the city council. No refund shall be appropriate if the city council determines that the fee is needed for the public image enhancement program within an additional two years or that the administrative costs of refunding uncommitted fees pursuant to this article exceeds the amount to be refunded.

(Ord. 887 § 5, 1996)