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06/27/2016 7. A written statement by the artist describing any theme or development of the art; 8. A lighting plan including samples of lighting fixtures; 9. Description of form of security (e.g. cash deposit) to be provided to assure that publicly visible art is installed by date certain if not to be installed prior to issuance of certificate of occupancy; and 10. Other information as required by the Director of Parks, Recreation and Community Services. B. Completed Art Application. The completed public art permit application shall be submitted to the Parks, Recreation and Community Services Director prior to issuance of any building permit. Within 30 days of receipt of a completed application, the Parks, Recreation and Community Services Director shall render a written determination of whether such plan complies with the provisions of Section 45.090. The Director shall then submit the completed application and approval recommendation to the Civic Cultural Commission. C. Commission Recommendation. The Civic Cultural Commission shall recommend approval or denial to the City Manager (or designee), based on the following factors: 1. The budget for the proposed publicly visible art ensures that only eligible expenditures pursuant to Section 45.090 are proposed and that such expenditures (including any in-lieu fee paid) total the amount of the public art contribution; 2. The proposed publicly visible art, its installation and maintenance is consistent with the standards and the purpose of this chapter, and with the criteria set forth in Sections 45.060(A) through 45.060(D); 3. Artistic Preference. The determination of artistic preferences is a function of the owner or developer of the property. It is the intent of this chapter to provide for the public display of private art on private property without substituting the artistic preferences of the city for those of the owner or developer of the property. In reviewing a public art permit, the Civic Cultural Commission shall not consider the artistic preferences of the developer other than as explicitly set forth herein. The Civic Cultural Commission may not rule upon artistic content when considering the plans. All financial arrangements related to the publicly visible art are negotiated between the artist and the developer as contracting parties and shall be verified by a written agreement. D. City Manaaer Approval. Upon receiving recommendation from the Civic Cultural Commission, the City Manager (or designee) shall approve, deny, or approve with conditions the application. The decision of the City Manager (or designee) shall be based on the same factors described in Section 45.110(C) above. Page 11 of 13 ATTY/ORD.429/PUBLIC ART FUND AND PROVISION OF PUBLIC ART BY PRIVATE DEVELOPERS ORD.N0.2424 REV:06-17-16 JS MUFF N0.301