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06/27/2016 <br /> by nonprofit organizations operating for these purposes and that have a <br /> current tax exempt letter from the Internal Revenue Service or the Franchise <br /> Tax Board. <br /> 9. Development projects located on property owned by the state of California, <br /> the United States of America, or any of its agencies and used exclusively <br /> for governmental or educational purposes. <br /> 10.Any structure proposed to repair or replace a building that was damaged or <br /> destroyed by fire or other calamity, so long as the square footage and use <br /> of the building remains the same, and construction of the replacement <br /> building begins within one year of the damage's occurrence. <br /> 11.Development projects to the extent they have received a vested right to <br /> proceed without providing on-site art pursuant to state law, including those <br /> that are the subject of development agreements currently in effect with the <br /> City, if such development agreements were approved prior to the effective <br /> date of this Section 45.090 and where such agreements expressly preclude <br /> the City from requiring compliance with this Section 45.090. <br /> 12.Development projects for which applications have been deemed complete <br /> prior to the effective date of this Section 45.090. <br /> Sec. 45.100 Submittal of Letter of Intent. <br /> Prior to the development application being deemed complete, an applicant must submit <br /> a letter of intent stating whether they intend to comply with Section 45.090 by(a) providing <br /> publicly visible art on-site; (b) paying the in-lieu fee; or (c) providing publicly visible art on- <br /> site in combination with paying an in-lieu fee. This letter shall indicate the proposed <br /> locations of any publicly visible art on-site, and such locations shall be included in the <br /> project plans. <br /> Sec. 45.110 Public Art Permit Application. <br /> A. A�plication Requirement. Developers subject to the requirements of Section <br /> 45.090 who have not elected in a Letter of Intent to pay the in-lieu fee pursuant to Seetion <br /> 45.090(D), shall file a public art permit application with the Director of Parks, Recreation <br /> and Community Services prior to issuance of any building permit containing the following <br /> information: <br /> 1. An application signed by the owner of the affected property; <br /> 2. Landscape and site plans indicating the location and orientation of the art, <br /> signage, utility boxes, fire suppression systems, and the landscaping and <br /> architectural treatment integrating the piece into the overall project design; <br /> 3. Color elevation rendering clearly showing the artwork to scale in relation to <br /> its surroundings; <br /> 4. A sample, model, or photograph and "to-scale" drawings or renderings of <br /> the proposed art piece; <br /> 5. Material samples and finishes; <br /> 6. A resume of the proposed artist including slides or photographs of the <br /> proposed artist's past work which demonstrates similar work to the proposal; <br /> Page 10 of 13 <br /> ATTY/ORD.429/PUBLIC ART FUND AND PROVISION OF PUBLIC ART BY PRIVATE DEVELOPERS ORD.N0.2424 <br /> REV:06-17-16 JS MUFF NO.301 <br />