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7.D. - Page 18 <br /> 2. The proposed publicly visible art, its installation and maintenance is <br /> consistent with the standards and the purpose of this chapter, and with the <br /> criteria set forth in Sections 45.O6O(A) through 45.06O(D); <br /> 3. Artistic Preference. The determination of artistic preferences is a function of <br /> the owner or developer of the property. It is the intent of this chapter to <br /> provide for the public display of private art on private property without <br /> substituting the artistic preferences of the city for those of the owner or <br /> developer of the property. In approving or disapproving a public art permit, <br /> the Commission shall not consider the artistic preferences of the developer <br /> other than as explicitly set forth herein. The Commission may not rule upon <br /> artistic content when considering the plans. All financial arrangements <br /> related to the publicly visible art are negotiated between the artist and the <br /> developer as contracting parties and shall be verified by a written <br /> agreement. <br /> D. City Manager Approval. Upon receiving recommendation from the Commission, <br /> the City Manager (or designee) shall approve, deny, or approve with conditions the <br /> application. The decision of the City Manager (or designee) shall be based on the same <br /> factors described in Section 45.12O(C) above. <br /> E. Appeals. The action of the City Manager (or designee) may be appealed to the <br /> City Council as provided in Chapter 1, Article III of this Code. <br /> Sec. 45.130 Installation and maintenance requirements. <br /> A. Timing of Installation. Issuance of a certificate of occupancy for a development <br /> project providing publicly visible art pursuant to Section 45.090 will be conditioned on <br /> completion and full installation of the publicly visible art at the development site in <br /> accordance with the public art permit approved by the City, and confirmation by the City <br /> that the developer expended the publicly visible art contribution in full on the publicly <br /> visible art and in accordance with this Chapter. However, if art installation is impracticable <br /> prior to the anticipated date of building occupancy, the City may allow building occupancy <br /> provided that the public art permit has been issued and the applicant has filed with the <br /> city adequate security to guarantee installation of the art. The security may take the form <br /> of a cash deposit along with an agreement to install the required publicly visible art in <br /> such amount and form as is acceptable to the City within a date certain or, if the publicly <br /> visible art is not installed by such date, the cash deposit shall be immediately transferred <br /> into the Art in Public Places Fund. <br /> B. Permanence. The publicly visible art shall be a permanent, fixed asset to the <br /> property. The composition of the art shall be of permanent materials requiring a low level <br /> of maintenance. Materials used shall be durable and weather resistant. <br /> Page 12 of 14 <br /> ATTY/ORD.429/ADDING ARTICLE 12 TO CHAPTER 9 OF THE REDWOOD CITY MUNICIPAL CODE ENTITLED"PUBLIC ART FOR <br /> PRIVATE DEVELOPMENTS" <br /> REV:06-07-16 JS <br />