HomeMy WebLinkAboutOrd 14-06 Public Art Program
ORDINANCE NO. 14 - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADDING CHAPTER 8.58 AND AMENDING CHAPTER 8.104.070 OF THE DUBLIN
MUNICIPAL CODE (ZONING ORDINANCE) RELATING TO THE
PUBLIC ART PROGRAM
The City Council of the City of Dublin does hereby ordain as follows:
Section 1.
Findings.
A. State law provides that cities have the responsibility to use the powers vested in them to
regulate the aesthetic conditions of the community.
B. The City Council finds that artwork should be included in development projects to inspire
civic pride amongst its residents, strengthen the City's regional identity by enhancing public spaces,
giving character to neighborhoods and business districts, and providing numerous opportunities for people
to experience visual art.
C. The City Council finds the visual and aesthetic quality of development projects
significantly affects the property value and economic condition of the City.
D. The City Council finds that public art can be used to strengthen the unique character of
individual neighborhoods, business districts and transit corridors by relating the artwork to the site's
purpose, history and natural environment.
E. The City Council finds that the incorporation of public art into City and private
development promotes the public interest and general welfare, and improves the quality of life for persons
living, working and visiting the City.
F. The City Council finds that exposure to a diverse selection of artwork increases the
understanding, enjoyment and experience of cultural diversity amongst persons living, working and
visiting the City.
G. The City Council finds that implementation of the Public Art Master Plan requires the City
to impose the public art contribution as a zoning obligation.
H. Accordingly, the City Council finds that the adoption of a public art ordinance is necessary
to increase the City's aesthetic environment through public art; to provide funding to support public art
projects throughout the City; and to establish public art contribution requirements and procedures.
Section 2. Addition of Chapter 8.58. Chapter 8.58 is hereby added to the Dublin Zoning
Ordinance to read as follows:
Ord No. 14-06, Adopted 9/5/06, Item 4.5
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CHAPTER 8.58 PUBLIC ART PROGRAM CONTRIBUTION
8.58.010
Intent. The purpose of this Chapter is to:
A. Promote the public interest and general welfare through the acquisition and installation of
public art works.
B. Establish requirements and procedures for developer contributions to public art.
C. Provide funding to support the acquisition and installation of public art.
D. Implement the goals of the Public Art Master Plan, as adopted by the City Council.
8.58.020
Definitions. For the purposes ofthis Chapter, unless otherwise apparent from the
context, the following definitions shall apply:
A. "Art" or "public art" or "public art project" means an original creation of art that is
designed by a professional visual artist or artists. Art includes, but is not limited to,
sculpture, murals or portable paintings, earthworks, fiber-works, mosaics, photographs,
prints, any combination of forms of media, furnishings or fixtures, and temporary artworks
or installations.
B. "Building valuation" means the value of the building or other construction project based on
the Building Official's estimate of the development project valuation, as set forth in
Section 7.28.430.E of the Dublin Municipal Code.
8.58.030
Development Projects Subject to Public Art Contribution. The requirements of
this Chapter shall apply to the following:
A. All new non-residential development;
B. All new residential development projects in excess of20 residential units;
C. Nothing contained in this Chapter shall prevent the City Council from imposing
requirements for inclusion of public art in particular projects not subject to the
requirements of this Chapter, pursuant to conditions imposed upon a particular
discretionary approval, where it is determined that facts particular to the proposed
development warrant such imposition.
8.58.040
Development Projects Not Subject to Public Art Contribution. The
requirements of this Chapter shall not apply to the following:
A. Residential development projects consisting of 20 units or less;
B. Tenant improvement projects;
C. Building additions;
D. Remodeling, repair or reconstruction of an existing structure;
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E. 100% low-income housing projects;
F. Day Care Centers;
G. Nonprofit agencies and institutions that exclusively provide social services only to the
general public, upon approval of the City Council;
H. Condominium conversion projects.
8.58.050
Public Art Contribution Requirements. The developer of any development
project subject to this Chapter shall provide an on-site public art project as provided
in subsection A of this Section or, alternatively, and, at the option of the developer,
make a monetary contribution to the City in-lieu thereof as provided in subsections
B, C or D of this Section.
A. On-Site Public Art Requirement. The developer shall acquire and install a public art
project on or in the vicinity of the development site, in accordance with Section 8.58.070.
The value of the public art project shall equal or exceed five-tenths percent (0.5%) of the
development project's building valuation (exclusive of land). Any such public art project
shall be subject to the approval of the City Council, after receiving a recommendation of
the Heritage and Cultural Arts Commission.
B. Monetary Contribution In-Lieu of Public Art; Non-Residential Buildings More Than
50,000 Square Feet. In lieu of acquiring and installing a public art project pursuant to
Section 8.58.050.A, the developer ofa non-residential development project of more than
50,000 square feet may make a monetary contribution to the City equal to five-tenths
percent (0.5%) of the development project's building valuation (exclusive ofland), in
accordance with Section 8.58.070. Any developer choosing the public art in-lieu
contribution shall reserve a site and provide a public art easement and an access easement
for the site within the development project, if the City deems such site necessary.
C. Monetary Contribution In-Lieu of Public Art; Non-Residential Buildings Less Than 50,000
Square Feet. In lieu of acquiring and installing a public art project pursuant to Section
8.58.050.A., the developer ofa non-residential development project ofless than 50,000
square feet may make a monetary contribution to the City equal to forty-five one-
hundredths percent (0.45%) of the development project's building valuation (exclusive of
land), in accordance with Section 8.58.070. Any developer choosing the public art in-lieu
contribution shall reserve a site and provide a public art easement and an access easement
for the site within the development project, if the City deems such site necessary.
D. Monetary Contribution In-Lieu of Public Art; Residential Projects with More Than 20
Units. In lieu of acquiring and installing a public art project pursuant to Section
8.58.050.A, the developer ofa residential development project of more than 20 units may
make a monetary contribution to the City equal to five-tenths percent (0.5%) of the
development project's building valuation (exclusive ofland), in accordance with Section
8.58.070. Any developer choosing the public art in-lieu contribution shall reserve a site
and provide a public art easement and an access easement for the site within the
development project, if the City deems such site necessary.
Ord No. 14-06, Adopted 9/5/06, Item 4.5
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8.58.060
Accounting of Funds Collected.
A. Purpose of the Funds Collected The funds collected pursuant to Section 8.58.050 shall be
used for the acquisition, installation, improvements, including site preparation, lighting and
landscaping, of public art in order to further the intent of this Chapter, and to administer
the Public Art Master Plan.
B. Use of the Funds Collected The City Manager shall include in the Budget and/or the Five
Year Capital Improvement Program the proposed use of funds collected pursuant to
Section 8.58.050. The Heritage and Cultural Arts Commission shall make
recommendations to the City Council regarding the proposed use of the funds collected
pursuant to Section 8.58.050. The City Council shall have the sole authority to appropriate
for expenditure the use of such funds.
C. Records and Accounting. The City Manager or his or her designee shall establish
accounting records sufficient to identify and control the funds collected pursuant to Section
8.58.050.
D. Project Administrative Costs. No more than 25 percent of the funds collected pursuant to
Section 8.58.050 for each public art project shall be used to pay administrative costs,
including the processing of the public art applications, reviewing and approving public art
sites and art works, monitoring, compliance, and any other administrative task.
E. Program Administrative Costs. Of the administrative costs set forth in Section
8.58.060.D., up to 2 percent may be used to pay program administrative costs, including
costs associated with collecting in-lieu fees, recordkeeping, reporting, and general
administration of the public art program.
8.58.070
General Procedures for Implementing Public Art Program
A. Site Development Review. The decision maker on any site development review approving
a development project subject to this Chapter shall find that the project as proposed
complies with the provisions of this Chapter.
B. Public Art Program Submittal. In conjunction with site development review of any project
subject to this Chapter, the applicant shall submit a Public Art Compliance Report to the
Community Development Director. The Public Art Compliance Report shall specify:
1. Whether the applicant has elected to satisfy its public art contribution obligation
through a public art contribution or through the payment of a fee in lieu thereof;
and
2. If the applicant elects to install public art on site pursuant to subsection 8.58.050.A:
a. the total building valuation ofthe project, provided by the Building Official,
and the calculation of the value of the applicant's required public art
project; and
b. the location of the public art project site.
3. If the applicant elects to contribute funds in-lieu of public art pursuant to subsection
8.58.050.B, 8.58.050.C., or 8.58.050.D: the location of the site reserved for public
art.
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C. Timing of Public Art In-Lieu Contribution. Ifthe applicant elects to make the public art in-
lieu contribution pursuant to subsection 8.58.050.B., 8.58.050.C., or 8.58.050.D, the total
building valuation of the project, provided by the Building Official, and the calculation of
the value of applicant's required in-lieu contribution shall be determined at building permit
issuance. Developer shall make the public art in-lieu contribution payment prior to
issuance of the first building permit in the project.
D. Additional Requirements for On-Site Public Art. Prior to occupancy of the first structure in
the project, the developer shall (a) secure completion of the public art project, in a manner
deemed satisfactory by the City Manager; and (b) execute an agreement between the City
and the developer, prior to occupancy of the first structure in the project, which sets forth
the ownership, maintenance responsibilities, and insurance coverage for the public art
project.
Guidelines for Implementation. The City Council, by resolution, shall adopt
administrative guidelines for implementation ofthis Chapter.
Appeals. Decisions of the City Manager under this Chapter may be appealed as
provided in Chapter 8.136.
Section 3: Amendment of Section 8.104.070. Section 8.104.070 of the Dublin Zoning
Ordinance related to Site Development Review is hereby amended to add the following finding:
8.58.080
8.58.090.
"K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program
Contribution. "
Section 4: Compliance with California Environmental Quality Act ("CEQA "). The City
Council declares that this Ordinance is exempt from CEQA based on the following findings: This
ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because
it has no potential for resulting in physical change in the environment, directly or ultimately. This
Ordinance does not, in itself, allow the construction of any building or structure. This Ordinance,
therefore, has no potential for resulting in physical change in the environment, directly or ultimately.
Section 5: Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 6: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABST AIN:
Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
None
None
None
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