B. Applicability
(1) Generally
Public art shall be installed pursuant to this Section 5.9 prior to the issuance of a Certificate of Occupancy for the following:
a. Development of any new mixed-use and/or nonresidential building, except for industrial uses, with 5,000 square feet of gross floor area or more;
b. Expansion of any mixed-use and/or nonresidential building, except for industrial uses, resulting in 2,500 square feet of gross floor area or more;
c. Development of any new multifamily building(s) of 20 dwelling units or more; and
d. Expansion of any existing multifamily residential building(s) by 10 dwelling units or more.
(2) Exemptions
This section shall not apply to:
a. Federal, state, county, or city projects or structures; or
b. Residential uses other than multifamily; or
c. Multifamily projects that include strategies for achieving housing diversity, affordability, and availability to address local housing needs, as determined by the Director.