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HomeMy WebLinkAboutOrd 06-09 Public Art ReqmtsORDINANCE N0.6-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AN ORDINANCE OF THE CITY OF DUBLIN TEMPORARILY SUSPENDING THE PROVISIONS OF SECTIONS 8.58.OSO.A AND 8.58.OSO.D OF THE DUBLIN MUNICIPAL CODE RELATING TO PUBLIC ART CONTRIBUTION REQUIREMENTS FOR RESIDENTIAL PROJECTS IN EXCESS OF 20 UNITS WHEREAS, on September 5, 2006, the City Council of the City of Dublin adopted an ordinance adding Chapter 8.58 to the Dublin Municipal Code relating to a Public Art Program; and WHEREAS, Chapter 8.58, among other things, requires certain development projects to either acquire and install on or in the vicinity of the development site a public art project with a value equal to a specified percentage of the development project's building valuation or to make a monetary contribution to the City equal to a specified percentage of the development project's building valuation; and WHEREAS, Chapter 8.58 requires the developers of any project subject to its provisions to submit a Public Art Compliance Report-indicating whether the developer will seek to acquire and install public art or make a monetary contribution to the City-to the Community Development Director at the time they seek Site Development Review approval for the project; and WHEREAS, Section 8.58.070.D provides that, prior to occupancy of the first structure in the project, any developer electing to acquire and install public art on or in the vicinity of the development must both secure completion of the public ,art project in a manner deemed satisfactory to the City Manager and execute an agreement with the City setting forth the ownership, maintenance responsibilities, and insurance coverage for the public art project; and WHEREAS, Section 8.58.070.C provides that any developer electing to make a monetary contribution in-lieu of acquiring and installing public art shall make the payment prior to issuance of the first building permit in the project; and WHEREAS, the approved Site Development Reviews of projects covered by Chapter 8.58 include a condition ensuring that developers comply with Chapter 8.58 at the time described in either Section 8.58.070.C or Section 8.58:070.D, depending on which approach the developer has identified in its Public Art Compliance Report; and WHEREAS, the current national economic slowdown has severely impacted the financial strength of many residential developers including some with projects in the City of Dublin, and these developers are having difficulty continuing with development of their projects; and WHEREAS, the City Council of the City of Dublin wishes to encourage the continued development of residential projects in the city during the economic slowdown. Page 1 of 3 NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Temporary Suspension of the Public Art Contribution Requirements of Sections 8.58.OSO.A and 8.58.OSO.D for Residential Projects. A. Temporary Suspension of On-Site Art Requirement; Termination of Requirement as to Applicable Projects Upon Issuance of Occupancy Permit. For a period of two (2) years following the effective date of this ordinance, any residential development project that has, pursuant to the provisions of Section 8.58.OSO.A of the Dublin Municipal Code, elected to acquire and install a public art project may receive occupancy authorization for structures in the project without satisfying the requirements of Section 8.58.070.D. Upon the granting of any such occupancy authorization, the On-Site Public Art Requirement imposed by the conditions of the project's Site Development Review pursuant to Section 8.58.OSO.A shall be extinguished as to that Site Development Review only. B. Temporary Suspension of In-Lieu Fee Requirement; Termination of Requirement as to Applicable Projects Upon Issuance of Building Permit. For a period of two (2) years following the effective date of this ordinance, any residential development project that has, pursuant to the provisions of Section 8.58.OSO.D of the Dublin Municipal Code, elected to make a payment in-lieu of acquiring and installing public art may obtain the first building permit in the project without first making the contribution as required by Section 8.58.070.C. Upon issuance of that building permit, the Monetary Contribution In-Lieu of Public Art requirement imposed by the conditions of the project's Site Development Review pursuant to Section 8.58.OSO.D shall be extinguished as to that Site Development Review only. C. All Other Provisions of Chapter 8.58 Remain In Effect. Notwithstanding anything to the contrary herein, this Ordinance shall not be deemed to waive any other requirement imposed on residential development projects by Chapter 8.58 including, but not limited to, the requirement that a Public Art Compliance Report be submitted to the Community Development Director in conjunction with site development review of a project. D. Application Limited to Projects Subject to Chapter 8.58. Notwithstanding anything to the contrary herein, this Ordinance shall only apply to residential development projects which have an obligation to make a public art in-lieu contribution or to acquire and install public art pursuant to the provisions of Chapter 8.58. Any existing obligation to make a payment or acquire and install public art that does not arise from the provisions of Chapter 8.58 shall remain in full force and effect. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances. Page 2of 3 Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. 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 21st day of April, 2009 by the following vote: AYES: Councilmembers, Biddle, Hart, Hillenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: ~-'P U'M City Clerk Ord 6-09, Adopted 4-21-09, Item 4.6 Page 3 Of 3 ORDINANCE NO. 6-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AN ORDINANCE OF THE CITY OF DUBLIN TEMPORARILY SUSPENDING THE PROVISIONS OF SECTIONS 8.58.050.A AND 8.58.050.D OF THE DUBLIN MUNICIPAL CODE RELATING TO PUBLIC ART CONTRIBUTION REQUIREMENTS FOR RESIDENTIAL PROJECTS IN EXCESS OF 20 UNITS WHEREAS, on September 5, 2006, the City Council of the City of Dublin adopted an ordinance adding Chapter 8.58 to the Dublin Municipal Code relating to a Public Art Program; and WHEREAS, Chapter 8.58, among other things, requires certain development projects to either acquire and install on or in the vicinity of the development site a public. art project with a value equal to a specified percentage of the development project's building valuation or to make a monetary contribution to the City equal to a specified percentage of the development project's building valuation; and WHEREAS, Chapter 8.58 requires the developers of any project subject to its provisions to submit a Public Art Compliance Report-indicating whether the developer will seek to acquire and install public art or make a monetary contribution to the City-to the Community Development Director at the time they seek Site Development Review approval for the project; and WHEREAS, Section 8.58.070.D provides that, prior to occupancy of the first structure in the project, any developer electing to acquire and install public art on or in the vicinity of the development must both secure completion of the public art project in a manner deemed satisfactory to the City Manager and execute an agreement with the City setting forth the ownership, maintenance responsibilities, and insurance coverage for the public art project; and WHEREAS, Section 8.58.070.C provides that any developer electing to ..make a monetary contribution in-lieu of acquiring and installing public art shall make the payment prior to issuance of the first building permit in the project; and WHEREAS, the approved .Site Development Reviews of projects covered by Chapter 8.58 include a condition ensuring that developers comply with Chapter 8.58 at the time described in either Section 8.58.070.C or Section 8.58.070.D, depending on which approach the developer has identified in its Public Art Compliance Report; and WHEREAS, the current national economic slowdown has severely impacted the financialstrength of many residential developers including some with projects in the City of Dublin, and these developers are having difficulty continuing with development of their projects; and WHEREAS, the City Council of the City of Dublin wishes to encourage the continued development of residential projects in the city during the economic slowdown. Page 1 of 3 NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Temporary Suspension of the Public Art Contribution Requirements of Sections 8.58.OSO.A and 8.58.OSO.D for Residential Projects. A. Temporary Suspension of On-Site Art Requirement; Termination of Requirement as to Applicable Projects Upon Issuance of Occupancy Permit. For a period of two (2) years following the effective date of this ordinance, any residential development project that has, pursuant to the provisions of Section 8.58.OSO.A of the Dublin Municipal Code, elected to acquire and install a public art project may receive occupancy authorization for structures in the project without satisfying the requirements of Section 8.58.070.D. Upon the granting of any such occupancy authorization, the On-Site Public Art Requirement imposed by the conditions of the project's Site Development Review pursuant to Section 8.58.OSO.A shall be extinguished as to that Site Development Review only. B. Temporary Suspension of In-Lieu Fee Requirement; Termination of Requirement as to Applicable Projects Upon Issuance of Building Permit. For a period of two (2) years following the effective date of this ordinance, any. residential development project that has, pursuant to the provisions of Section 8.58.OSO.D of the Dublin Municipal Code, elected to make a payment in-lieu of acquiring and installing public art may obtain the first building permit in the project without first making the contribution as required by Section 8.58.070.C. Upon issuance of that building permit, the Monetary Contribution In-Lieu of Public Art requirement imposed by the conditions of the project's Site Development Review pursuant to Section 8.58.OSO.D shall be extinguished as to that Site Development Review only. C. All Other Provisions of Chapter 8.58 Remain In Effect. Notwithstanding anything to the contrary herein, this Ordinance shall not be deemed to waive any other requirement imposed on residential development projects by Chapter 8.58 including, but not limited to, the requirement that a Public Art Compliance Report be submitted to the Community Development Director in conjunction with site development review of a project. D. Application Limited to Projects Subject to Chapter 8.58. Notwithstanding anything to the contrary herein, this Ordinance shall only apply to residential development projects which have an obligation to make a public art in-lieu. contribution or to acquire and install public art pursuant to the provisions of Chapter 8.58. Any existing obligation to make a payment or acquire and install public art that does not arise from the provisions of Chapter 8.58 shall remain in full force and effect.. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances. Page 2of 3 Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. 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 21St day of April, 2009 by the following vote: AYES: Councilmembers, Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST:- __ ~`~U~1 City Clerk Ord 6-09, Adopted 4-21-09, Item 4.6 Page 3 of 3