HomeMy WebLinkAbout8.2 Attch 2 PROPOSED Ord on Temp SuspendProvisionsORDINANCE NO._
AN ORDINANCE OF THE CITY OF DUBLIN TEMPORARILY SUSPENDING
THE PROVISIONS OF SECTIONS 8.58.050.A AND 8.58.050.1) 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 8.5 8, 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 8.58.050.A and 8.58.050.1) 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 8.58.050.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
8.58.050.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 8.58.050.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 8.58.050.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
proj ect.
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
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