HomeMy WebLinkAboutOrd 03-11 Public Art Req ResidentialORDINANCE NO. 3 -11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 UIVITS
WHEREAS, on September 5, 2006, the City Council of the City of Dublin adopted an
ordinance adding Chapter 8.58 to the Du61in Municipal Code relating to a Public Art Program; and
WHEREAS, Chapter 8.58, among other things, requires certairr 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 Pubtic 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 pro}ect; ar-d
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 sfowdown has severely irr~pacted the financiai.
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
developm,ent 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:
Section 1. Temporary Suspension of the Public Art Contribution Requirements of Sections
8.58.050.A and 8.58.050.D for Residential Projects.
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A. Temporary Suspension of On-Site Art Requirement; Termination of Requirement as to
Applicable Projects Upon Issuance of Occupancy Permit. For a period of one (1) year following the
effective date of this ordinance, any residential development project that has, pursuant to the
provisions of Section 8.58.050.R 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 one (1) year 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 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 instalf 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 ap.plicability 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.
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PASSED, APPROVED AND ADOPTED this 19t" day of April, 2011, by the following vote:
AYES: Councilmembers Biddle, Swalwell, and Mayor Sbranti
NOES: Councilmembers Hart and Hildenbrand
ABSENT: None
ABSTAIN: None
ATTES .
1~' ~
~ City Clerk
~,u%~--- i~.~~ ~
Mayor
Ord No. 3-11, Adopted 4-19-11, Item 4.2 Page 3 of 3