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