HomeMy WebLinkAboutItem 8.1 Suspend Public Art Res~~~~ Off' nU~~~
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
CITY CLERK
File # 900-30
April 3, 2012
Honorable Mayor and City Councilmembers
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Joni Pattillo, City Manager ° ~'
SUBJECT: Sunset of Temporary Suspension of the Public Art Requirement for Residential
Projects
Prepared by Paul McCreary, Parks and Community Services Director
EXECUTIVE SUMMARY:
In April, 2009, the City Council adopted an ordinance "Temporarily Suspending the Public Art
Requirement for Residential Projects in excess of 20 units" for a two year term. In April 2011
the City Council adopted another ordinance to extend the temporary suspension one more year,
and the suspension will expire in May 2012. Staff was directed by the City Council to review the
state of residential development in the City towards the end of the additional one year
suspension, in order to make a recommendation to possibly extend the suspension for an
additional period of time. The City Council Ad-Hoc Economic Development Subcommittee is
recommending the temporary suspension be allowed to sunset and expire on May 19, 2012.
FINANCIAL IMPACT:
Since May 2009 the City has waived over $2.3 million in public art fees on residential
development. Currently the Public Art Fund has an available balance of approximately
$275, 000.
RECOMMENDATION:
Staff recommends that the City Council direct Staff to allow the temporary ordinance to expire
on May 19, 2012.
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Submitted B Reviewed By
Director of Park~and Assistant City Manager
Community Services
DESCRIPTION:
Page 1 of 3 ITEM NO. 8.1
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".
The ordinance was for atwo-year term and was set to expire on May 21, 2011. At the City
Council meetings of April 5 and April 19, 2011, the City Council introduced and adopted another
ordinance "Temporarily Suspending the Public Art Requirement for Residential Projects" for a
one year term. That ordinance is set to expire on May 19, 2012.
The suspension of the Public Art Requirement for Residential Projects was suggested by City
Council 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 suspension, and
to make a recommendation regarding the possibility of extending the suspension for an
additional period of time.
During the three year suspension the City has waived over $2.3 million in public art fees on
residential developments. Staff met with the City Council Ad-Hoc Economic Development
Subcommittee to review the ordinance and provide information on the impacts to date. Based
on the amount of fees waived to date, and the fact that the pace of residential development is
growing, the Subcommittee recommends taking no further action and allowing the ordinance to
expire on May 19, 2012.
Overview of Public Art Requirements on Residential Development
If the City Council takes no further action, on May 20, 2012, Chapter 8.58 of the Dublin
Municipal Code (the "Public Art Ordinance") will be in effect, which 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
Page 2 of 3
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.
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 ordinances adopted in April of 2009 and May of 2011 were 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 permits 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, are still applicable. If a developer
does reach the trigger point during the effective term of the existing ordinance, then its
responsibility to comply with the Public Art Ordinance will be extinguished as to the project
covered by the SDR.
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.
The intent of the ordinance was to encourage residential construction during the current
economic downturn. Thus, the City only granted a waiver of the public art requirement to
developers whose projects were 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 did not wish to waive the requirement for development projects that would not
begin construction for many years, when the economy may in better shape than it is now. The
City also wanted 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.
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.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was provided to the Heritage and Cultural Arts Commission, as well
as the list of interested parties on City fees.
ATTACHMENTS: None
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