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HomeMy WebLinkAboutItem 4.8 - 3231 Public Art Zoning Ordinance Updates - 2nd R Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: June 2, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Zoning Ordinance Amendments to Chapter 8.58 (Public Art Program) Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY: The City Council will consider amendments to the Zoning Ordinance in Chapter 8.58 (Public Art Program) that would allow additional use of Public Art Funds to further promote art in the public domain and foster new opportunities for Public Art. On May 19, 2020, the City Council held a public hearing and introduced the ordinance. The City Council is being asked to adopt an ordinance with the amendments to the Public Art Program. STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Approving Amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance related to additional use of Public Art Funds. FINANCIAL IMPACT: The Public Art Fund, created to account for the collection and use of developer fees, was established following the adoption of the Public Art Master Plan and Public Art Ordinance. Currently, the Public Art Fund has a balance of $4.5 million, with eight projects currently in various stages of completion, encumbering approximately $1.1 million. There is no financial impact directly associated with this Staff Report or recommendation. DESCRIPTION: The City initiated amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance to allow for additional use of Public Art Funds. On May 19, 2020, the City Council held a Public Hearing to introduce the proposed Ordinance amending Chapter 8.58 (Public Art Program) of the Zoning Ordinance. At the meeting, the City Council voted 5-0 to waive the reading and introduced the proposed Ordinance. The May 19, 2020, Staff Report, with a complete description of the proposed amendments is included as Attachment 1. Page 2 of 2 The City Council will now consider adopting the Ordinance, which is included as Attachment 2. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, & ZONING ORDINANCE: The proposed amendments to the Zoning Ordinance would be consistent with the Dublin General Plan in that they would implement recommended strategies and opportunities in the Public Art Master Plan, referenced in the Community Design and Sustainability Element. Furthermore, the proposed amendments would provide flexibility in how Public Art funds are spent to ensure a vibrant Public Art Program through art education and other resources to promote art in the public realm. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a notice regarding this Public Hearing was published in the East Bay Times and posted at several locations throughout the City. The Staff Report for this public hearing was also available on the City’s website. ENVIRONMENTAL REVIEW: The proposed Zoning Ordinance Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(s) as there is no possibility that the proposed regulations would have a significant effect on the environment. ATTACHMENTS: 1. May 19, 2020 Staff Report Without Attachments 2. Ordinance of the City Council Adopting Amendments to the City of Dublin Zoning Ordinance Chapter 8.58 (Public Art Program) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: May 19, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Public Art Master Plan Update and Related Zoning Ordinance Amendments to Chapter 8.58 (Public Art Program) Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY: The City Council will consider adoption of the 2020 Public Art Master Plan and related amendments to the Zoning Ordinance in Chapter 8.58 (Public Art Program). Propose d changes would allow additional use of Public Art Funds to further promote art in the public domain and foster new opportunities for Public Art. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and adopt the Resolution Adopting the 2020 Public Art Master Plan , and INTRODUCE an Ordinance Approving Amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance related to additional use of Public Art Funds. FINANCIAL IMPACT There is no financial impact directly associated with adopting the Public Art Master Plan and amending the Public Art Ordinance. The Public Art Fund, established to account for the collection and use of developer fees on public art, currently has a balance of $4.5 million, with eight projects currently in various stages of completion, encumbering approximately $1.1 million. DESCRIPTION: BACKGROUND Public Art Master Plan In 2006, the City Council adopted the first Public Art Master Plan, and created the City’s Public Art Fund to account for the collection and use of developer fees on public art. Ten pieces of City-owned Public Art have been commissioned under the 2006 guidelines, with more being commissioned on private property (new developments). 6.2 Packet Pg. 415 Page 2 of 3 In February of 2019, GreenPlay LLC, a nationally recognized parks and recreation management consulting firm, was contracted to review and update the 2006 Public Art Master Plan. The update by GreenPlay began with a comprehensive review of the current Public Art Master Plan and projects that have b een completed under the original guidelines. In April through June of 2019, as part of community outreach for the Master Plan Update, several community and focus group meetings were held to solicit community input. Feedback was also solicited via a community survey, using both random sampling outreach and open-link surveys. In August of 2019, GreenPlay began writing the draft plan update using the results of the outreach efforts. At its September 12, 2019, meeting, the Heritage and Cultural Arts Commission received a presentation from GreenPlay and reviewed the draft 2020 Public Art Master Plan, which includes a revised vision and goals, a list of new opportunities for Public Art, recommendations for significant changes, and an appendix to the plan that includes guidelines to streamline processes. Recommended strategies and opportunities that are incorporated in the 2020 Public Art Master Plan include: • Focused effort on art in the Downtown • Allowance of additional use of public art funds • Partnerships with non-profit organizations • Historic Camps Parks sign relocation and restoration project • Arts grant program A full version, in draft format, of the 2020 Public Art Master Plan is included as Attachment 2. The 2006 Public Art Master Plan is also included for reference as Attachment 6. On February 4, 2020, the City Council reviewed the draft 2020 Public Art Master Plan and was in full support of the update. Implementing the recommended strategies and opportunities identified in the Plan requires an amendment to Zoning Ordinance (Title 8 of the Dublin Municipal Code) to expand the allowable uses of Public Art Funds, as discussed in the following section. Public Art Ordinance The Public Art Ordinance (Dublin Municipal Code Chapter 8.58) was adop ted in 2006 at the same time as the 2006 Public Art Master Plan to establish guidelines for the implementation of the plan. The Ordinance currently limits the use of the Public Art Fund to tangible art pieces, art maintenance, and administration of the program. As the City reaches full build out, tangible public art will likely not be as prevalent. As such, the proposed 2020 Public Art Master Plan identifies the need to look for more non-traditional art and art-related activities, such as promotional tools (maps and interactive signage) and art grants, that could be incorporated into the City’s Public Art Program and funded by the Public Art Fund. To fully implement the draft Plan with those 6.2 Packet Pg. 416 Page 3 of 3 new focus areas, modifications to Chapter 8.58 (Public Art Program) of the Zoning Ordinance are required to allow for the additional uses of the Public Art Fund. The proposed Zoning Ordinance with amendments (Attachment 3) and a copy in redline and strikethrough format (Attachment 4) are attached to this Staff Report. By expanding the allowable use of the Public Art Fund, the City would have the ability to sustain its Public Art Program, which inspires civic pride among residents and strengthens the City’s regional identity. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, & ZONING ORDINANCE: The proposed amendments to the Zoning Ordinance would be consistent with the Dublin General Plan in that they would implement recommended strategies and opportunities in the Public Art Master Plan, referenced in the Community Design and Sustainability Element. Furthermore, the proposed amendments would provide flexibility in how Public Art Funds are spent to ensure a vibrant Public Art Program through art education and other resources to promote art in the public realm. PLANNING COMMISSION REVIEW: On April 28, 2020, the Planning Commission held a public hearing, reviewed the draft ordinance, and by a 5-0 vote, adopted a resolution recommending the City Council approve the proposed Zoning Ordinance Amendments (Attachment 5). NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a notice regarding this Public Hearing was published in the East Bay Times and posted at several locations throughout the City. The Staff Report for this public hearing was also available on the City’s website. ENVIRONMENTAL REVIEW: The proposed Zoning Ordinance Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(s) as there is no possibility that the proposed regulations would have a significant effect on the environment. ATTACHMENTS: 1. Resolution Adopting the 2020 Public Art Master Plan 2. Exhibit A to the Resolution - 2020 Public Art Master Plan 3. Ordinance of the City Council Adopting Amendments to the City of Dublin Zoning Ordinance Chapter 8.58 (Public Art Program) 4. Proposed Zoning Ordinance Amendments in Underline and Strikethrough Format 5. Planning Commission Resolution Recommending City Council Approval of Amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance 6. 2006 Public Art Master Plan 6.2 Packet Pg. 417 1 of 6 ORDINANCE NO. 20-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* ADOPTING AMENDMENTS TO THE CITY OF DUBLIN ZONING ORDINANCE CHAPTER 8.58 (PUBLIC ART PROGRAM) Section 1. Findings WHEREAS, the City-initiated amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance are proposed to allow for additional uses of Public Art Funds to sustain the City’s Public Art Program, inspire civic pride, and strengthen the City’s regional identity ; and WHEREAS, the Public Art Program (Zoning Ordinance Chapter 8.58) was originally adopted in 2006 at the same time the City adopted its first Public Art Master Plan; and WHEREAS, in February of 2019, the City contracted with GreenPlay LLC, to review and update the 2006 Public Art Master Plan; and WHEREAS, in April through June of 2019, several community and focus group meetings were held to solicit community input regarding the Master Plan update; and WHEREAS, the draft 2020 Public Art Master Plan update, recommends additional use of public art funds; and WHEREAS, the Heritage and Cultural Arts Commission recommended the draft 2020 Public Art Master Plan update at their meeting on October 10, 2019; and WHEREAS, the City Council reviewed the draft 2020 Public Art Master Plan update at their meeting on February 4, 2020; and WHEREAS, the Planning Commission held a duly noticed public hearing on the said matter on April 28, 2020, during which all interested person(s) were heard, and the Planning Commission adopted Resolution 20-08 recommending the City Council adopt the proposed Zoning Ordinance Amendments and; WHEREAS, a Staff Report was submitted to the City Council recommending approval of the proposed Zoning Ordinance Amendments and adoption of the 2020 Public Art Master Plan; and WHEREAS, the City Council adopted the 2020 Public Art Master Plan update at their meeting on May 19, 2020; and WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments on May 19, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein above set forth and used its independent judgement to evaluate the proposal 2 of 6 NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 2. Amendments to Chapter 8.58. are hereby added to the Dublin Zoning Ordinance to read as follows: CHAPTER 8.58 PUBLIC ART PROGRAM CONTRIBUTION 8.58.010 Intent. The purpose of this Chapter is to: A. Promote the public interest and general welfare through the acquisition, installation, maintenance and promotion, of public art. B. Establish requirements and procedures for developer contributions to public art. C. Provide funding to support the acquisition, installation, maintenance and promotion of public art. D. Implement the goals of the Public Art Master Plan, as adopted by the City Council. 8.58.020 Definitions. For the purposes of this Chapter, unless otherwise apparent from the context, the following definitions shall apply: A. “Art” or “public art” or “public art project” means an original creation of art that is designed by a professional visual artist or artists. Art includes, but is not limited to, sculpture, murals or portable paintings, earthworks, fiber-works, mosaics, photographs, prints, any combination of forms of media, furnishings or fixtures, and temporary artworks or installations. B. “Building valuation” means the value of the building or other construction project based on the Building Official’s estimate of the development project valuation, as set forth in Section 7.28.430.E of the Dublin Municipal Code. C. “Promotion” means the task of spreading knowledge and awareness of Public Art within the community. Promotion could include, but not limited to, flyers, brochures, websites, maps, and other promotional mediums. 8.58.030 Development Projects Subject to Public Art Contribution. The requirements of this Chapter shall apply to the following: A. All new non-residential development; B. All new residential development projects in excess of 20 residential units; C. Nothing contained in this Chapter shall prevent the City Council from imposing requirements for inclusion of public art in particular projects not subject to the requirements of this Chapter, pursuant to conditions imposed upon a particular discretionary approval, where it is determined that facts particular to the proposed development warrant such imposition. 3 of 6 8.58.040 Development Projects Not Subject to Public Art Contribution. The requirements of this Chapter shall not apply to the following: A. Residential development projects consisting of 20 units or less; B. Tenant improvement projects; C. Building additions; D. Remodeling, repair or reconstruction of an existing structure; E. 100% low-income housing projects; F. Day Care Centers; G. Nonprofit agencies and institutions that exclusively provide social services only to the general public, upon approval of the City Council; H. Condominium conversion projects. 8.58.050 Public Art Contribution Requirements. The developer of any development project subject to this Chapter shall provide an on-site public art project as provided in subsection A of this Section or, alternatively, and, at the option of the developer, make a monetary contribution to the City in-lieu thereof as provided in subsections B, C or D of this Section. A. On-Site Public Art Requirement. The developer shall acquire and install a public art project on or in the vicinity of the development site, in acco rdance with Section 8.58.070. The value of the public art project shall equal or exceed five -tenths percent (0.5%) of the development project’s building valuation (exclusive of land). Any such public art project shall be subject to the approval of the City Council, after receiving a recommendation of the Heritage and Cultural Arts Commission. B. Monetary Contribution In-Lieu of Public Art; Non-Residential Buildings More Than 50,000 Square Feet. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A, the developer of a non-residential development project of more than 50,000 square feet may make a monetary contribution to the City equal to five - tenths percent (0.5%) of the development project’s building valuation (exclusive of land), in accordance with Section 8.58.070. Any developer choosing the public art in-lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. C. Monetary Contribution In-Lieu of Public Art; Non-Residential Buildings Less Than 50,000 Square Feet. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A., the developer of a non-residential development project of less than 50,000 square feet may make a monetary contribution to the City equal to forty- five one-hundredths percent (0.45%) of the development project’s building valuation 4 of 6 (exclusive of land), in accordance with Section 8.58.070. Any developer choosing the public art in-lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. D. Monetary Contribution In-Lieu of Public Art; Residential Projects with More Than 20 Units. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A, the developer of a residential development project of more than 20 units may make a monetary contribution to the City equal to five-tenths percent (0.5%) of the development project’s building valuation (exclusive of land), in accordance with Section 8.58.070. Any developer choosing the public art in -lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. 8.58.060 Accounting of Funds Collected. A. Use of the Funds Collected. 1. The funds collected pursuant to Section 8.58.050 shall be used for the acquisition, installation, improvements, including site preparation, lighting, landscaping, promotion, and education of public art in order to further the intent of this Chapter, and to administer the Public Art Master Plan. Funds may also be granted to partner agencies to be used to further meet the goals of the Public Art Master Plan and enhance art in the public domain. 2. The City Manager shall include in the Budget and/or the Five-Year Capital Improvement Program the proposed use of funds collected pursuant to Section 8.58.050. The Heritage and Cultural Arts Commission shall make recommendations to the City Council regarding the proposed use of the funds collected pursuant to Section 8.58.050. The City Council shall have the sole authority to appropriate for expenditure the use of such funds. C. Records and Accounting. The City Manager or his or her designee shall establish accounting records sufficient to identify and control the funds collected pursuant to Section 8.58.050. D. Project Administrative Costs. No more than 25 percent of the funds collected pursuant to Section 8.58.050 for each public art project shall be used to pay administrative costs, including the processing of the public art applications, reviewing and approving public art sites and art works, monitoring, compliance, and any other administrative task. E. Program Administrative Costs. Of the administrative costs set forth in Section 8.58.060.D., up to 2 percent may be used to pay program administrative costs, including costs associated with collecting in-lieu fees, recordkeeping, reporting, and general administration of the public art program. 8.58.070 General Procedures for Implementing Public Art Program 5 of 6 A. Site Development Review. The decision maker on any site development review approving a development project subject to this Chapter shall find that the project as proposed complies with the provisions of this Chapter. B. Public Art Program Submittal. In conjunction with site development review of any project subject to this Chapter, the applicant shall submit a Public Art Compliance Report to the Community Development Director. The Public Art Compliance Report shall specify: 1. Whether the applicant has elected to satisfy its public art contribution obligation through a public art contribution or through the payment of a fee in lieu thereof; and 2. If the applicant elects to install public art on site pursuant to subsec tion 8.58.050.A: a. the total building valuation of the project, provided by the Building Official, and the calculation of the value of the applicant’s required public art project; and b. the location of the public art project site. 3. If the applicant elects to contribute funds in-lieu of public art pursuant to subsection 8.58.050.B, 8.58.050.C., or 8.58.050.D: the location of the site reserved for public art. C. Timing of Public Art In-Lieu Contribution. If the applicant elects to make the public art in-lieu contribution pursuant to subsection 8.58.050.B., 8.58.050.C., or 8.58.050.D, the total building valuation of the project, provided by the Building Official, and the calculation of the value of applicant’s required in-lieu contribution shall be determined at building permit issuance. Developer shall make the public art in-lieu contribution payment prior to issuance of the first building permit in the project. D. Additional Requirements for On-Site Public Art. Prior to occupancy of the first structure in the project, the developer shall (a) secure completion of the public art project, in a manner deemed satisfactory by the City Manager; and (b) execute an agreement between the City and the developer, prior to occupancy of the first structure in the project, which sets forth the ownership, maintenance responsibilities, and insurance coverage for the public art project. 8.58.080 Guidelines for Implementation. The City Council, by resolution, shall adopt administrative guidelines for implementation of this Chapter. 8.58.090. Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in Chapter 8.136. Section 3: Amendment of Section 8.104.070. Section 8.104.070 of the Dublin Zoning Ordinance related to Site Development Review is hereby amended to add the following finding: 6 of 6 “K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program Contribution.” Section 4: Compliance with California Environmental Quality Act (“CEQA”). The City Council declares that this Ordinance is exempt from CEQA based on the following findings: This ordinance is not a “project” within the meaning of Sect ion 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. This Ordinance does not, in itself, allow the construction of any building or structure. This Ordinance, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. Section 5: Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 6: 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 2nd day of June, 2020. AYES: NOES: ABSENT: ABSTAIN: ______________________________ David Haubert Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ Marsha Moore John Bakker City Clerk City Attorney