Arts Commission Design Review. Although the Agency has general land use authority over the entire Project Site, Developer shall submit certain Design Documents to the Arts Commission for review and comment as and to the extent required by Charter section 5.103 (for property owned by the City). Such review will be in accordance with the Civic Design Review Guidelines adopted by the Arts Commission. Developer and Vertical Developer, as applicable, shall meet and confer with Agency staff on all submissions to the Arts Commission before making each such submission to the Arts Commission, and shall seek design comments from the Arts Commission not less than ninety (90) days before submittal of the applicable Design Documents to the Agency. Developer and Vertical Developers, as applicable, and the Agency shall encourage the Arts Commission to process design comment requests referred to it by Developer or Vertical Developer expeditiously. Failure of the Arts Commission to complete its comments within a specified time period shall not waive the obligation to obtain design comments and approval from the Arts Commission before the Agency acts on an Application that is subject to review by the Arts Commission; provided however, failure to receive comments from Arts Commission staff within ninety (90) days following submittal shall be a basis for Excusable Delay. The Parties acknowledge that, in any case, the Arts Commission may for any reason require hearings on Developer’s Streetscape Plan and Design Documents for Improvements to be dedicated to the City, and it shall be Developer’s (or the applicable Vertical Developer’s) responsibility to factor in ninety (90) days for the Art Commission review and approval process in satisfying the Outside Dates set forth in the Schedule of Performance. The Agency agrees to work with the Arts Commission to develop a standard procedure and timeline for securing design comments from the Arts Commission on the Streetscape Plan and the Design Documents described in this Section I.B.3.
Arts Commission Design Review. Although the Authority has land use authority over the entire Project Site, Developer shall submit certain Design Documents, the Streetscape Master Plan and the Signage Master Plan to the Arts Commission for review and comment as and to the extent required by Charter section 5.103 (for Improvements within public right-of-ways and other public areas that will be dedicated to the City). Submittals and review will be in accordance with the Civic Design Review Guidelines adopted by the Arts Commission. It is anticipated that Arts Commission review shall be limited to approvals of (i) Design Documents for structures to be constructed on City-owned property, and (ii) the Streetscape Master Plan and Signage Master Plan to the extent such Master Plans affect City- owned property and structures, and Improvements located within public rights-of-way to be dedicated to and owned by the City that are included within the applicable Sub-Phase Applications. Developer shall meet with Authority Staff on all submissions to the Arts Commission before making each such submission to the Arts Commission. For the Streetscape and Signage Master Plan submittals , Developer shall seek design comments from the Arts Commission not less than ninety (90) days before submittal thereof to the Authority. For all other Improvements within public right-of-ways and other public areas that will be dedicated to and owned by the City, as specified in the ICA, Authority shall use good faith efforts to cause the Arts Commission to review submittals made to it pursuant to this DRDAP and provide any design comments on matters within its purview on all Applications as expeditiously as possible but in no event later than thirty (30) days following submittal. Failure of the Arts Commission to complete its comments within a specified time period shall not waive the obligation to obtain design comments and approval from the Arts Commission before the Authority acts on an Application that is subject to review by the Arts Commission; provided, however, that the Arts Commission’s failure to review and comment on the Design Documents or Master Plan submittals within the time frames set forth in this DRDAP that (i) results in a delay of an Authority action beyond the time frame permitted for Authority action under this DRDAP, or (ii) results in a delay of a City action beyond the permitted time set forth in the ICA when the City is issuing a final Approval (i.e., when there is no subsequent Authority action o...
