HomeMy WebLinkAboutReso 25-06 Public Art in New Development
RESOLUTION NO. 25 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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EXPRESSING THE CITY COUNCIL'S INTENT TO ADOPT AN ORDINANCE
REQUIRING CERTAIN NEW DEVEWPMENT PROJECTS TO PROVIDE
PUBLIC ART OR MAKE A MONETARY CONTRIBUTION IN LIEU THEREOF
WHEREAS, in 1997, the City adopted its first policy regarding public art, which encouraged
developers to include artwork in building and public spaces and provided criteria for the selection of
artwork; and
WHEREAS, the 1997 public art policy resulted in several pieces of artwork enjoyed by residents
of and visitors to the City; and
WHEREAS, in 2001 the Heritage and Cultural Arts Commission completed its first long-range
plan that called for the development of a public art master plan to: 1) identify opportunities for public art,
and 2) revise the 1997 public art policy to identify alternate funding sources and approval processes for
public art; and
WHEREAS, in July 2003, the City engaged Wright & Associates to assist in the development of
the Public Art Master Plan for the City of Dublin; and
WHEREAS, upon the recommendation of the Heritage and Cultural Arts Commission, the City
Council has adopted the Public Art Master Plan; and
WHEREAS, the Public Art Master Plan proposes new policies that would require new
development projects to contribute public art either in kind or by a payment of a fee in lieu of an in-kind
contribution; and
WHEREAS, the City Council desires to implement such a public art policy, but the enactment of
the public art policy will require the adoption of a zoning ordinance that will be the subject of public
hearings at the Planning Commission and City Council; and
WHEREAS, the City Council's intent in adopting this resolution is that the zoning ordinance
implementing the proposed public art policy ("the Public Art Ordinance") shall apply to applications for
discretionary approvals submitted or deemed complete after the adoption of this resolution and approved
after the effective date of the Public Art Ordinance; and
WHEREAS, the City Council adopts this resolution, in part, pursuant to and in satisfaction of the
requirements of California Government Code Section 66474.2(b).
Reso No. 25-06, Adopted 3/7/06, Item 7.2
Page 1 of2
NOW, THEREFORE, BE IT RESOLVED, that the City hereby expresses its intent to adopt a
public art ordinance in the following form:
A. The ordinance will apply to:
1. All new commercial, industrial, and office development projects.
2. All residential development projects in excess of20 residential units.
B. The ordinance would require applicants for development projects to which it applies (i) to
allocate five-tenths percent (0.5%) of the proposed project's building valuation (exclusive of land) to
finance an on-site public art project or, alternatively, and at the option of the developer, (ii) to contribute
funds to the City's Public Art Fund equal to five-tenths percent (0.5%) of the proposed project's building
valuation (exclusive ofland) ("the In-Lieu Option"). For commercial, industrial, and office development
project ofless than 50,000 square feet, the amount of the contribution under the In-Lieu Option would be
forty-five one-hundredths percent (0.45%) rather than five tenths percent (0.5%). If the In-Lieu Option
were chosen, then the applicant would be required to reserve a site within the project for public art, if the
City deems such a site necessary.
C. The amount of the public-art allocation would be calculated based on the Building Official's
estimate of project valuation, which estimate would be based on the criteria set forth in section 7.28.430.E
of the Dublin Municipal Code. If the applicant chose to finance an on-site public art project, the Building
Official would estimate building valuation for the entire project prior to site development review approval
based on the applicant's plans and the building valuation schedule maintained by the Building Official. In
the event that the applicant chose the In-Lieu Option, the amount of the funds contributed would be
calculated for each building pennit based on the plans submitted with each application for a building
pennit, and those funds would have to be contributed prior to issuance of each building pennit.
PASSED, APPROVED, AND ADOPTED this 7th day of March 2006, by the following vote:
AYES: Councilmembers Hildenbrand, McConnick and Oravetz, and Mayor Lockhart
NOES: None
ABSENT: Councilmember Zika
ABSTAIN: None
ATfI:
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City Clerk
Reso No. 25-06, Adopted 3/7/06, Item 7.2
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