HomeMy WebLinkAbout6.1 Public Art ResidentialOF ED
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DATE: April 5, 2011
STAFF REPORT CITY CLERK
DUBLIN CITY COUNCIL File # ER L-5J L0-J ; ? 0
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC PUBLIC HEARING: Introduction of an Ordinance Extending the Temporary
Suspension of the Public Art Requirement for Residential Projects
Prepared By: John Hartnett, Heritage & Cultural Arts Manager
EXECUTIVE SUMMARY:
In April, 2009, the City Council introduced and adopted an ordinance "Temporarily Suspending
the Public Art Requirement for Residential Projects in excess of 20 units" for a two year term,
which expires in May 2011. Staff was directed by the City Council to review the state of
residential development in the City towards the end of the two year suspension, in order to
make a recommendation to possibly extend the suspension for an additional period of time.
Given the fact that the economic downturn is continuing to affect Dublin, Staff is recommending
that the current ordinance suspending the public art requirement for residential projects be
extended for two more years.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive the Staff presentation; 2) Open public
hearing; 3) Receive public testimony; 4) Close public hearing and deliberate; and 5) Waive
reading and INTRODUCE the proposed Ordinance 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.
Submitted by:
Parks and Community Services Director
Reviewed by:
Assistant City Manager
Page 1 of 4 ITEM NO. 6 1
BACKGROUND:
At the City Council meetings of April 7 and 21, 2009, the City Council introduced and adopted
an ordinance "Temporarily Suspending the Public Art Requirement for Residential Projects"
(Attachment 1). The ordinance was for atwo-year term and is set to expire .on May 21, 2011.
The ordinance was suggested as an economic stimulus in light of the numerous impacts the
economic crisis was having on Dublin, especially regarding the notable slowdown in the pace of
residential development in the City. Staff concluded that it would be worthwhile to consider
implementing a temporary suspension of the City's Public Art Ordinance, codified in Chapter
8.58. of the Dublin Municipal Code, as it applies to residential developments. Staff was directed
by the City Council to review the state of residential development in the City towards the end of
the two year suspension, and to make a recommendation regarding the possibility of extending
the suspension for an additional period of time.
DESCRIPTION:
Given the fact that the economic downturn is continuing to affect Dublin, Staff is recommending
that the current ordinance suspending the public art requirement for residential projects be
extended for two more years.
Proposed Ordinance Suspending Public Art Requirement For Residential Developments
Chapter 8.58 of the Dublin Municipal Code (the "Public Art Ordinance") requires most
commercial development projects and residential development projects with more than twenty
units to either acquire and construct a piece of public art on or near the development site, or
make a monetary contribution to the City in-lieu of constructing a piece of public art.
Developers may choose which option they wish to take. The Public Art Ordinance contains an
exemption for certain development projects, such as day care centers and low-income housing
projects.
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 acquire and install public art or
make a monetary contribution to the City-to the Community Development Director at the time
they apply for Site Development Review ("SDR") approval for the project.
Section 8.104.070 of the Municipal Code, lists the required findings that must be made in order
to approve an SDR application, and includes a requirement that the application comply with
Chapter 8.58. Thus, in order to approve an SDR application by a project covered by the Public
Art Ordinance, the approved SDR will contain a condition of approval requiring the developer to
comply with either Section 8.58.070.D or Section 8.58..070. D, depending on which approach the
developer has identified in its Public Art Compliance Report. The conditions of approval also
make reference to the "trigger," the time at which the developer must take action on this
requirement.
Section 8.58.070.D of the Dublin Municipal Code provides that any developer electing to
acquire and install public art at the development site 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 prior to granting of occupancy by the City of the first structure in the
project. Thus, the successful completion of a final inspection of the first structure in the project
by the City Building Department is the "trigger" for developers that will acquire and install public
art to satisfy their obligation under the Public Art Ordinance.
Page 2 of 4
Section 8.58.070.C provides that any, developer electing to make a contribution in-lieu of
installing public art must make the payment prior to issuance of the first building permit in the
project. Thus, the issuance of the first building permit is the "trigger" for developers that will
make a contribution in-lieu of installing public art to satisfy their obligation under the Public Art
Ordinance.
The ordinance adopted in April of 2009 was intended to ensure that the suspension of the
public art requirement occurs only if, during the suspension period, a developer of a residential
project reaches one of the two trigger points in the development. process. (At the successful
completion of a final inspection of the first structure for art providers and upon issuance of the
first building permit for in-lieu fee payers.) Until that point in time, the provisions of Chapter
8.58, including the requirement to submit a Public Art Compliance Report in conjunction with
site development review of the project, will still be applicable. If a developer does reach the
trigger point during the effective term of the proposed ordinance, then its responsibility to
comply with the Public Art Ordinance will be extinguished as to the project covered by the SDR.
Note that, by tying the suspension to the SDR, the City ensures that, in the case of larger
projects which may be proceeding in separate phases with separate SDRs, the extinguishment
of the public art requirement will apply, not to the entire project at one time, but only to the
portion of the overall project that is covered by the triggering SDR.
Once again, the intent of this ordinance is to encourage residential construction during the
current economic downturn. Thus, the City wishes to grant a waiver of the public art
requirement only to developers whose projects are actually under construction during the
current economic downturn and who may be deterred from commencing constructing due to the
requirements of the Public Art Ordinance. This is why the ordinance applies only if a project is
at the trigger point. The City does not wish to waive the requirement for development projects
that will not begin construction for many years, when the economy may in better shape than it is
now. The City also wants to ensure that development projects take the necessary steps so that
the developers can easily comply with the Public Art Ordinance once the provisions of the draft
ordinance expire in two years.
Thus, if a developer of a residential project applies for a building permit or final inspection
shortly after the term of this ordinance has expired, the developer will have a completed
Compliance Report, and should be prepared to comply with the requirements of Chapter 8.58
by either installing a piece of public art at the development site or making an in-lieu payment to
the City.
The proposed ordinance in Attachment 2 has the same scope of applicability as the suspension
ordinance adopted in April of 2009. Thus, the only change that would occur if the proposed
ordinance is adopted is that the suspension for covered residential projects would be effective
for approximately two more years.
Attachment 3 is a report that indicates the development projects that have benefitted in the past
two years from the current ordinance. Additionally, current residential projects that have been
identified as having an obligation to comply with the Public Art Ordinance are included in the
report. These projects, or a portion thereof, may benefit from the ordinance if it is extended for
two more years, and if the developer reaches the trigger point for the project or portion thereof,
during the new two-year term of the ordinance.
Page 3 of 4
At the March 10, 2011 Heritage and Cultural Arts Commission meeting, the Commission
unanimously recommend that the Public Art Ordinance be extended for two more years, with a
suggestion that those developments benefitting from the suspension of the Public Art
requirement be encouraged to make a voluntary donation to the City's Public Art Fund.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was provided to the Heritage and Cultural Arts Commission.
ATTACHMENTS: 1. Ordinance No. 6-09 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
(Adopted April 21, 2009)
2. Proposed Ordinance 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 Residentia{ Projects in Excess of 20 Units
3. Development Projects List
Page 4 of 4
ORDINANCE 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
REQUIltEMENTS 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
d X05-1~1
ATTACHMENT 1
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 (34)
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
/ `~t,
Mayor
ATTEST:
~-'P U'M City Clerk
Ord 6-09, Adopted 4-21-09, Item 4.6 Page 3 of 3
ORDINANCE NO.
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 requiring developers to 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.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain
as follows:
ATTACHMENT 2
( ~
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 be granted
occupancy upon successful completion of a final inspection of the first structure in the
project without satisfying the requirements of Section 8.58.070.D. Upon said grant of
occupancy of the first structure in the project, 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.
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 _ day of , 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
Tim Sbranti, Mayor
ATTEST:
Caroline Soto, City Clerk
1214885.1
1603727.2
~ b'1'" ~
ORDINANCE SUSPENDING PUBLIC ART REQUIREMENT (MAY 21, 2009 - MAY 21, 2011)
Developments BenefitinE from the Suspended Public Art Requirement
Residential Public Art Value Permit Compliance
Development In-Lieu Fee-Susnended Issued Renort Filed
Cortano at Positano $156,276 11/2/2010 7/21/2010
Biella at Positano $258,437 1/25/2011 8/31/2010
Livorno at Positano $151,397 10/18/2010 7/30/2010
Fiorano at Positano $77,210 1/28/2010 11/24/2009
Salerno 1 & 2 and
Cantara 1& 2 at Positano $492,494
1/30/2008 6/19/2007
Developments "Possiblv" Affected bv an Extended Ordinance (Mav 19, 2011- Mav 19, 2013)
Residential
Develonment Public Art
Value Occupancy Deadline
To Susnend Requirement Building Permit Deadline
To Susnend Requirement Compliance
Report filed
Jordan Ranch** • $95,880 May 19, 2013 5/4/2010
Arroyo Vista* $437,000 May 19, 2013 7/ 1/ 2008
Fallon Crossings* $166,176 May 19, 2013 6/19/2007
Essex* $369,329 May 19, 2013 7/19/2007
Dublin Trans.-Esprit** $50,000 May 19, 2,013 N/A
Arroyo Vista, Fallon Crossings and Essex (Deadline based on First Occupancy since intend to do Public Art
Proj ects).
** Jordan Ranch, Dublin Transit-Esprit (Deadline based on First Building Permit since intend to pay In-Lieu Fee).
ATTACHMENT 3