HomeMy WebLinkAboutPC Reso 20-08 Amendments to the Zoning Ordinance Ch 8.58 Public Art ProgramRESOLUTION NO. 20-08
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE
CHAPTER 8.58 (PUBLIC ART PROGRAM)
WHEREAS, the City-inated 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 the Public Art Fund for in -lieu
fees; and
WHEREAS, in February of 2019, the contracted with GreenPlay LLC, to assist Staff review and
update the 2006 Public Art Master Plan; and
WHEREAS, the Draft Public Art Master Plan, recommends additional use of public art funds; 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 Heritage and Cultural Arts Commission received reviewed the draft Public Art
Master Plan Update at their meeting on September 12, 2019; and
WHEREAS, the City Council reviewed the draft Public Art Master Plan Update on February 4,
2020; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and
City Environmental Regulations require that certain projects be reviewed for environmental impacts and
that environmental documents be prepared; and
WHEREAS, the Planning Commission recommends that the City Council find this project exempt
from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be
seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will
not have a significant effect on the environment; and
WHEREAS, the Planning Commission held a public hearing on the said application on April 28,
2020; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report dated March April 28, 2020 was submitted to the Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made
a part of this Resolution.
BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the
City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 28th day of April 2020 by the following vote:
AYES: MMan, Benson, Thalblum, KUL ell 3 Wright
NOES:
ABSENT:
ABSTAIN:
Assi
ATTEST:
nt Community Development Director
P ning Commission Chair
ORDINANCE NO. 20-XX
A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
APPROVING 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 the Public Art Fund for in -lieu
fees; and
WHEREAS, in February of 2019, the contracted with GreenPlay LLC, to assist Staff review and
update the 2006 Public Art Master Plan; and
WHEREAS, the Draft Public Art Master Plan, recommends additional use of public art funds; 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 Heritage and Cultural Arts Commission reviewed the draft Public Art Master Plan
Update at their meeting on September 12, 2019; and
WHEREAS, the City Council reviewed the draft Public Art Master Plan Update 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 were heard, and the Planning Commission
adopted Resolution 20-XX recommending the City Council adopt the proposed Zoning Ordinance
Amendments and;
WHEREAS, a Staff Report was submitted the City Council recommending approval of the
proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance
Amendments on April 21, 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
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows-
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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.
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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.
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
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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.
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
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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 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: 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:
"K. Approval of this application complies with Chapter 8.58 relating to the Public Art
Program Contribution."
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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: 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 9th day of May, 2020.
AYES:
NOES:
ABSENT:
ABSTAIN:
David Haubert
Mayor
ATTEST:
Caroline Soto
City Clerk
APPROVED AS TO FORM:
John Bakker
City Attorney
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