HomeMy WebLinkAboutOrd 06-20 Adopting Amendments to the City of Dublin Zoning Ordinance Chapter 8.58 (Public_AOrd No. 06-20, Item 4.8, Adopted 06/02/20 Page 1 of 6
ORDINANCE NO. 06 - 20
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
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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
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 pr omotion 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;
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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.
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 accordance 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.
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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 (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 ea sement 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.
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8.58.070 General Procedures for Implementing Public Art Program
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 comp lies
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 subsection 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:
Section 8.104.070 of the Dublin Zoning Ordinance related to Site Development Review is hereby
amended to add the following finding:
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“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 Section 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:
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final
adoption. 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 39633 of the Government
Code of California.
SECTION 6:
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 BY the City Council of the City of Dublin on this
2nd day of June 2020, by the following votes:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
_______________________________
City Clerk
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