HomeMy WebLinkAboutItem 4.05 Public Art Program
CITY CLERK
File # Oe1[5][O]-[2J[O]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 5,2006
SUBJECT:
Adoption of Public Art Program Ordinance
Report by Diane Lowart, Parks & Community Services Director
ATTACHMENTS:
1) Staff Report from August 15, 2006 including proposed
Ordinance Adding Chapter 8.58 and Amending Chapter
8.104.070 of the Dublin Municipal Code (Zoning Ordinance)
Relating to the Public Art Program
RECOMMENDATION:
}
Waive the reading and ADOPT the Ordinance Adding Chapter 8.58
~nd Amending Chapter 8.104.070 of the Dublin Municipal Code
\ (Zoning Ordinance) Relating to the Public Art Program (Attachment
1)
FINANCIAL STATEMENT: None
DESCRIPTION: At its August 15,2006 meeting, the City Council conducted a public
hearing, waived the reading and introduced an Ordinance requiring applicants for certain development
projects to contribute to the Public Art Program by providing a public art project on-site, or making an in-
lieu payment for public art. The proposed Ordinance adds to the City of Dublin Zoning Ordinance
Chapter 8.58, relating to the Public Art Contribution, and amends Chapter 8.104.070, relating to Site
Development Review (Attachment 1).
RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt
the Ordinance Adding Chapter 8.58 and Amending Chapter 8.104.070 of the Dublin Municipal Code
(Zoning Ordinance) relating to the Public Art Program (Attachment 1).
COpy TO: Heritage & Cultural Arts Commission/Planning Commission
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CITY CLERK
File # O~[SJ[QJ.[].[QJ
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 15,2006
SUBJECT:
PUBLIC HEARING: Proposed Public Art Program Ordinance
Report by Diane Lowart, Parks & Community Services Director
ATTACHMENTS:
1) Ordinance Adding Chapter 8.58 and Amending Chapter
8.104.070 of the Dublin Municipal Code (Zoning Ordinance)
Relating to the Public Art Program
2) Planning Commission Resolution 06-20 recommending City
Council Adoption of an Ordinance Adding Chapter 8.58 and
Amending Chapter 8.104.070 of the Dublin Municipal Code
(Zoning Ordinance) Relating to the Public Art Program
3) Draft Planning Commission meeting Minutes relating to the
adoption of Resolution 06-20 (July 25,2006)
RECO:MMENDATION:
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1) Open public hearing;
2) Receive Staff presentation;
3) Receive public testimony;
4) Close public hearing and deliberate; and
5) Waive the reading and INTRODUCE the Ordinance Adding.
Chapter 8.58 and Amending Chapter 8.104.070 of the Dublin
Municipal Code (Zoning Ordinance) Relating to the Public Art
Program (Attachment 1)
FINANCIAL STATEMENT:
None
DESCRIPTION: At its March 7, 2006 meeting, the City Council adopted the Public
Art Master Plan, which provides a comprehensive plan to formally articulate the City's goals and
objectives and establishes guidelines for the operation of the Public Art Program. Additionally, the City
Council directed Staff to develop an ordinance implementing the Public Art Master Plan. Finally, the City
Council adopted a resolution of intent to ensure that the ordinance would apply to development
applications deemed complete after the adoption of the resolution of intent and approved after the
effective date of the ordinance (Resolution No. 25-06).
____________________________________________________________________________________________________________- I
CO PY TO: Heritage & Cultural Arts CommissionlPlanning Commission 4-, s: q /5/0 b
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ATTACHMENT 1
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The proposed Ordinance requires applicants for certain development projects to contribute to the Public
Art Program by providing a public art project on-site, or making an in-lieu payment for public art
(Attachment 1).
ANALYSIS: The Public Art Master Plan outlines and describes the principle
methods used to develop public art in the City of Dublin, including public art contributions from private
development projects funded and constructed by private developers. To implement the Public Art Master
Plan as it applies to private development, the proposed Ordinance adds to the City of Dublin Zoning
Ordinance Chapter 8.58, relating to the Public Art Contribution, and amends Chapter 8.104.070, relating
to Site Development Review (Attachment 1).
Addition of Chapter 8.58 Public Art Program Contribution
The provisions of the Public Art Program Contribution (Dublin Zoning Ordinance Chapter 8.58) would
apply to the following:
A. All new non-residential development; and
B. All new residentia.l development projects in excess of20 residential units.
Development projects not subject to the public art contribution are as follows:
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; and
H. Condominium conversion projects.
The developer of any development project subject to this Chapter would be required to provide an on-site
public art project or, alternatively, at the option of the developer, make a monetary contribution to the City
in-lieu of a public art project. The developer's decision to provide an on-site public art project or pay an
in-lieu fee must be submitted in a Public Art Compliance Report in conjunction with Site Development
Review.
On-Site Public Art Requirement
For development projects electing to include public art on-site, 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). The total building valuation of the project would be determined by the Building Official at Site
Development Review. The public art project would be subject to the approval of the City Council, after
receiving a recommendation of the Heritage and Cultural Arts Commission. Prior to occupancy of the
first structure in the project, the developer would secure completion of the public art project in a manner
deemed satisfactory by the City Manager and execute an agreement which sets forth the ownership,
maintenance responsibilities, and insurance coverage for the public art proj ect.
Monetary Contribution In-Lieu of Public Art
In lieu of acquiring and installing a public art project, the developer may elect to make a monetary
contribution to the City as follows:
30+/5
. Non-residential buildings more than 50,000 square feet - monetary contribution equal to five-
tenths percent (0.5%) of the development project's building valuation (exclusive ofland);
. Non-residential buildings less than 50,000 square feet - monetary contribution equal to forty-five
one-hundredths percent (0.45%) of the development project's building valuation (exclusive of
land);
. Residential projects with more than 20 units - monetary contribution equal to fh;'e-tenths percent
(0.5%) ofthe development project's building valuation (exclusive ofland).
Developers that choose the public art in-lieu contribution shall reserve a site within the development
project for public art, if the City deems such a site necessary, and provide a public art easement and an
access easement securing the site. The total building valuation of the project would be determined by the
Building Official. The calculation of the value of the required in-lieu contribution would be determined at
building permit issuance; payment would be required prior to issuance of the first building permit in the
proj ect.
Funds collected pursuant to the in..1ieu fee program shall be used for the acquisition, installation,
improvements, including site preparation, lighting and landscaping of public art, based on
recommendations of the Heritage and Cultural Arts Commission to the City Council. The City Council
shall have sole authority over the expenditure of such funds.
Amendment of Section 8.104.070 .
The proposed Ordinance would make a conforming amendment to the Zoning Ordinance section
8.104.070 related to Site Development Review by adding the following finding required for Site
)Development Review approval: "Approval of this application complies with Chapter 8.58 relating to the
Public Art Program Contribution."
".~Noticing
~.In accordance with Government Code Section 65090, a notice of public hearing was published in a
'newspaper of general circulation (the Valley Times) 10 days prior to the hearing. The notice was also
posted at several locations throughout the City and sent to the development community.
Compliance with California Environmental Quality Act (CEQA)
The proposed Ordinance is exempt from CEQA because it is not a "project" within the meaning of
Section 15378 of the State CEQA Guidelines. The Ordinance itself has no potential for resulting in
physical change in the environment, directly or ultimately.
Planning Commission Recommendation
At the July 25, 2006 meeting of the City of Dublin Planning Commission, the Commission conducted a
Public Hearing on the proposed Ordinance. By unanimous vote, the Planning Commission adopted
Resolution No. 06-20 recommending City Council adoption of an Ordinance adding Chapter 8.58 and
Amending Chapter 8.104.070 of the Dublin Municipal Code (Zoning Ordinance) relating to the Public Art
Program (Attachment 2). The draft minutes of the Planning Commission Meeting are Attachment 3.
RECO:MMENDATION: Staff recommends that the City Council: 1) Open public hearing; 2)
Receive Staff presentation; 3) Receive public testimony; 4) Close public hearing and deliberate; and 5)
Waive the reading and INTRODUCE the Ordinance Adding Chapter 8.58 and Amending Chapter
8.104.070 of the Dublin Municipal Code (Zoning Ordinance) relating .to the Public Art Program
(Attachment 1).
ORDINANCE NO. xx - 06
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AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************************
ADDING CHAPTER 8.58 AND AMENDING CHAPTER 8.104.070 OF THE DUBLIN
MUNICIPAL CODE (ZONING ORDINANCE) RELATING TO THE
PUBLIC ART PROGRAM
The City Council ofthe City of Dublin does hereby ordain as follows:
Section 1.
Findings.
A. State law provides that cities have the responsibility to use the powers vested in them to
regulate the aesthetic conditions of the community.
B. The City Council finds that artwork should be included in development projects to inspire
civic pride amongst its residents, strengthen the City's regional identity by enhancing public spaces,
giving character to neighborhoods and business districts, and providing numerous opportunities for people
to experience visual art.
C. The City Council finds the visual and aesthetic quality of development projects
significantly affects the property value and economic condition of the City.
D. The City Council finds that public art can be used to strengthen the unique character of
individual neighborhoods, business districts and transit corridors by relating the artwork to the site's
. purpose, history and natural environment.
E. The City Council finds that the incorporation of public art into City and private
development promotes the public interest and general welfare, and improves the quality oflife for persons
living, working and visiting the City.
F. The City Council finds that exposure to a diverse selection of artwork increases the
understanding, enjoyment and experience of cultural diversity amongst persons living, working and
visiting the City.
G. The City Council finds that implementation ofthe Public Art Master Plan requires the City
to impose the public art contribution as a zoning obligation.
H. Accordingly, the City Council finds that the adoption of a public art ordinance is necessary
to increase the City's aesthetic environment through public art; to provide funding to support public art
projects throughout the City; and to establish public art contribution requirements and procedures.
Section 2. Addition of Chapter 8.58. Chapter 8.58 is hereby added to the Dublin Zoning
Ordinance to read as follows:
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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 and installation of
public art works.
B. Establish requirements and procedures for developer contributions to public art.
C. Provide funding to support the acquisition and installation 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 defmitions 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 ofthe Dublin Municipal Code.
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.
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;
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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 Of, alternatively, and, at the option of the developer,
make a monetary contribution to the City in-lieu thereof as provided in subsections
B, Cor 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 ofthe 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 ofland). Any such public art project
shall be subject to the approval ofthe 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%) ofthe development project's building valuation (exclusive ofland), 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 ofless 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 easement
for the site within the development project, ifthe 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%) ofthe
development project's building valuation (exclusive ofland), 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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8.58.060
Accounting of Funds Collected.
A. Purpose 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 and
landscaping, of public art in order to further the intent of this Chapter, and to administer
the Public Art Master Plan. .
B. Use of the Funds Collected. 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 ofthe 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
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 ofthis 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 ofthe project, provided by the Building Official,
and the calculation of the value of the applicant's required public art
proj ect; 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.
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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 ofthe first building permit in the project.
D. Additional Requirements for On-Site Public Art. Prior to occupancy ofthe 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 ofthe first structure in the project, which sets forth
the ownership, maintenance responsibilities, and insurance coverage for the public art
proj ect.
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 ofthis 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: 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_ day of
,2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
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Janet Lockhart
Mayor
ATTEST:
Fawn Holman
City Clerk
7-25-06
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APPROVED AS TO FORM:
Elizabeth H. Silver
City Attorney
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RESOLUTION NO. 06-20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING
CHAPTER 8.58 (PUBLIC ART PROGRAM CONTRIBUTION) AND AMENDING
CHAPTER 8.104.070 (SITE DEVELOPMENT REVIEW) OF THE DUBLIN MUNICIPAL
CODE (ZONING ORDINANCE) RELATING TO
THE PUBLIC ART PROGRAM
WHEREAS, public art can be used to strengthen the unique character of individual
neighborhoods, business districts and transit corridors; enhance the visual and aesthetic quality of
development projects; increase the property value and economic condition of surrounding property; and
increase the quality of life for persons living, working and visiting the City of Dublin ("City"); and
WHEREAS, on March 7,2006, the City Council approved the Public Art Master Plan and
directed Staff to develop an ordinance implementing the Public Art Master Plan of a Public Art
Ordinance; and
WHEREAS, on March 7,2006, the City Council adopted Resolution 25-06 expressing the City
Council's intent to adopt an ordinance requiring certain new development projects to provide public art or
make a monetary contribution in lieu thereof; and
WHEREAS, the Public Art Master Plan identifies several opportunities for the development of
public art within the City, including public art contributions from private development projects; and
WHEREAS, public art contributions from private developers may be imposed through an
amendment to the Dublin Zoning Ordinance; and
WHEREAS, Staff has prepared a proposed Ordinance requiring all new non-residential
development proj ects and all new residential development proj ects in excess of 20 residential units to
provide an on-site public art project or, alternatively, and, at the option ofthe developer, to make a
monetary contribution to the City in-lieu thereof; and
WHEREAS, the proposed ordinance requires that applications for Site Development Review
comply with the public art contribution requirements; and
WHEREAS, Staffhas prepared a Staff Report dated July 25,2006 analyzing said amendments to
the Dublin Zoning Ordinance; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public
hearing on said amendments to the Dublin Zoning Ordinance on July 25,2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment hereinabove set forth.
1/ ,./ /6
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby recommend that the City Council adopt an Ordinance of the City of Dublin adding Chapter 8.58 to
the Dublin Municipal Code (Zoning Ordinance) relating to the Public Art Program Contribution and
amending Chapter 8.104.070 of the Dublin Municipal Code (Zoning Ordinance) relating to Site
Development Review as set forth in Exhibit A.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend
that the City Council find that the Ordinance as set forth in Exhibit A complies with the General Plan.
PASSED, APPROVED AND ADOPTED this 25th day of July 2006 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Fasulkey and King
NOES: None
ABSENT: Commissioner Biddle
ABSTAIN: None
Planning Commission Chair
ATTEST:
Planning Manager
G:\PUBLlC ARTlPublic Art Master PlanlReso Public Art Ordinance.doc
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P Ilr111J1ing Con1111issio11 Minutes /~. ~ !-is-
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 25,
2006 in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to
order at 7:00 p.m.
Present: Chair Schaub, Vice Chair Wehrenberg, Commissioners Fasulkey and King; Jeri Ram,
Community Development Director; Mary Jo Wilson, Planning Manager; Erica Fraser, Senior
Planner; Jolm Bakker, Assistant City Attorney; Diane Lowart, Parks & Community Services
Director; and Rhonda Franklin, Recording Secretary.
Absent: Crn. Biddle
ADDITIONS OR REVISIONS TO THE AGENDA
Chair Schaub discussed moving agenda item 5.1 - Planning Commission Goals for the
Remainder of 2006 - A Midyear Review to a future Planning Commission agenda when all
Planning Commissioners would be present. The Planning Commissioners unanimously agreed.
MINUTES OF PREVIOUS MEETINGS
The July 11, 2006 minutes were approved as submitted.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
VVRITTEN COMMUNICATIONS - NONE
5.1 Planning Commission - A Midyear Review
This item was continued to a future Planning Commission meeting.
PUBLIC HEARINGS
8.1 Public Art Program - Amendment to the Dublin Municipal Code - Resolution
recommending that the City Council adopt an Ordinance adding Chapter 8.58
and Amending Chapter 8.104.070 of the Dublin Municipal Code (Zoning
Ordinance) relating to the Public Art Program. The Ordinance requires a Public
Art Contribution for all new non-residential development and all new
residential development projects in excess of 20 residential units.
Chair Schaub asked for the Staff Report.
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tj(fi/ufar :Ai"e;rt:ing
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Ms. Diane Lowart, Parks and Community Services Director, presented the specifics of the / 6 /S
project as outlined in the Staff Report.
Chair Schaub asked how building valuation would be determined. Ms. Lowart stated that the
Dublin Municipal Code Section 7.28430E outlines how building valuations would be
determined.
Chair Schaub sought clarification on how the value of the public art contribution is calculated
by using the following example: For a 300-unit residential development, with each unit valued
at $500,000, the value of the public art would be $750,000. Ms. Lowart agreed with the example.
Cm. King, using the example above, asked if the in-lieu contribution would be the same
amount, and Ms. Lowart said yes.
Vice Chair Wehrenberg asked about the selection and approval process for the public art
contribution. Ms. Lowart stated that the developer would work with City Staff during the Site
Development Review application to identify a location in the project for public art. The
developer would then submit an art proposal to be presented at a public meeting before the
Heritage & Cultural Arts Commission. The proposal would subsequently be heard before the
City Council.
Vice Chair Wehrenberg, citing the example used above, asked about the type of art $750,000
would buy. Ms. Lowart cited the costs of existing public art projects in the City as examples.
Cm. Fasulkey sought clarification on the selection process of the public art. Ms. Lowart stated
that the public art would be subject to approval by the City Council upon a recommendation
from the Heritage & Cultural Arts Commission (H&CAC).
Cm. Fasulkey suggested that a statement similar to "Any other costs not expressly included under
Eligible Costs" be added to the Non-Eligible Costs section of the Public Art Master Plan. Ms.
Lowart stated that the Public Art Master Plan has already been adopted by the City Council.
Chair Schaub sought clarification on the Planning Commission's role in this project. Ms. Lowart
explained that the role of the Planning Commission is to vote on recommending adoption of an
ordinance to implement the Public Art Program. She further explained that in order to
implement the Public Art Master Plan, there needs to be a Zoning Ordinance Amendment.
Chair Schaub asked how the guidelines of the Public Art Program were established. Ms.
Lowart stated that City Council appointed a Task Force to determine the best practices of public
art programs in other California cities. Based on those findings, and projected development
over the next five years, the Task Force determined the current guidelines for the Program.
Cm. King asked how the in-lieu contributions would be held. Ms. Lowart stated that the
contributions would be accounted for separately and any expenditure of funds for a public art
project would be approved by the City Council. Cm. Fasulkey asked if the in-lieu contributions
could be used to fund public art for exempt projects. Ms. Lowart stated that the City Council
has indicated an interest in identifying a public art venue on City property and these funds
could be used to acquire artworks.
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Cm. Fasulkey asked who decides the location of the public art. Ms. Lowart stated that Staff
would review the in-lieu contribution fund on an annual basis and determine whether there are
any applicable projects. The projects would then be reviewed by the H&CAC and the City
Council.
Cm. Fasulkey asked about the public art site selection process. Ms. Lowart explained that the
criterion is outlined in the Public Art Master Plan. em. Fasulkeyasked about the guiding factor
for determining the size of the public art piece in relation to the size of the project site. Ms.
Lowart explained that Staff would work with the developer's proposal for the public art piece.
Cm. King asked if the public art could only be visual and stationary, as opposed to performing,
and Ms~ Lowart said yes. Ms. Lowart further stated that the Public Art Master Plan describes
the eligible types of public art.
Chair Schaub opened the public hearing.
Mr. Andy'Byde, with Braddock & Logan, discussed three concerns with the project: 1) the lack
of impetus for necessitating an ordinance that codifies public art requirements, 2) reduced
flexibility of the Planning Commission and City Council to stimulate development projects
within the downtown area, and 3) a potential to compromise development approvals made
prior to the Public Art Master Plan.
Cm. King sought clarification on how this project would impact previous development
. agreements. Mr. Byde stated that the intent of the statement was in the spirit of what the
commitments were made upon, as well as the flexibility allowed in making the commitments.
Cm. Fasulkey asked for specifics on how the flexibility has been removed. Mr. Byde stated that
prior to the Public Art Master Plan there was no monetary requirement for public art. Cm.
Fasulkey questioned how flexibility would be reduced if the Public Art Program creates a level
playing field by codifying requirements. Cm. Fasulkey further asked if he thought the fee was
too high. Mr. Byde explained that the adequateness of the fee is based on all of the costs of the
development process.
Chair Schaub asked for clarification on how building valuation is determined. Mr. John Bakker,
Assistant City Attorney, explained that it is based on the costs of the improvements, not on the
land.
Mr. Byde stated that the fees are a small piece of the development costs; however developers
would probably never do more than what is required. Chair Schaub asked if the Public Art
Program would cause developers to provide less than what the City has today. Ms. Lowart
stated that the purpose of setting a value is to even the playing field for everyone. Ms. Lowart
gave examples showing inconsistencies of the current process.
Chair Schaub asked how the fee would affect the prices of the for-sale units at an existing
Braddock & Logan development. Mr. Byde stated that if the current fees were levied upon the
project, Braddock & Logan would have serious questions about building the project.
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Vice Chair Wehrenberg asked if it was more appropriate for public art to be in the ambience of a !f)of/b
shopping area, rather than a residential area. Ms. Lowart stated that in supporting the City
Council's adoption of the Public Art Master Plan, the City Council viewed public art as equally
important in both residential and non-residential projects. Vice Chair Wehrenberg asked Mr.
Byde about his experience with other city's public art programs. Mr. Byde submitted that many
cities do not have codified requirements for public art.
Chair Schaub closed the public hearing.
Cm. King asked if amending the Municipal Code is necessary to enforce the Public Art Master
Plan, and Mr. Bakker said yes.
Cm. Fasulkey observed that since Braddock & Logan is the only developer voicing concerns
about this project, it appears to be of non-concern to other developers. He commented that if
the Public Art Program fees are the deal-breaker for a project, then the viability of the project
should be questioned.
Vice Chair Wehrenberg stated that she agrees with leveling the playing field; however,
residential developers that include open-space in the development should perhaps not be
charged the full fee. Cm. Fasulkey stated that he made the same observation.
Chair Schaub commented that although the City is in-line with other city's public art programs,
the City should be fully aware that creating additional fees is increasing development project
costs.
Cm. King stated that although the Public Art Master Plan has already been adopted, he wishes
it would have included performing art, in addition to stationary art. He stated that he would
support the City Council's decision on the project.
On a motion by Cm. Fasulkey, seconded by Cm. King, and by a vote of 4-0-1 with Cm. Biddle
absent, the Planning Commission adopted:
RESOLUTION NO. 06- 20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING
CHAPTER 8.58 (PUBLIC ART PROGRAM CONTRIBUTION) AND AMENDING'
CHAPTER 8.104.070 (SITE DEVELOPMENT REVIEW) OF THE DUBLIN MUNICIPAL CODE
(ZONING ORDINANCE) RELATING TO
THE PUBLIC ART PROGRAM
Chair Schaub thanked Mr. Byde for attending the meeting and voicing his concerns.
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