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HomeMy WebLinkAboutItem 4.02 Public Art Temp Susp~f ~ 1 G~~~ OF Dp~~2 ///A ~\ 19 (~_ =il~),82 ~~v~l~~ ~~LIFOR~l~ STAFF REPORT C I T Y C L E R K DUBLIN CITY COUNCIL File # ^~~~-00 DATE: April 19, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC~ : Adoption of Ordinance Extending the Temporary Suspension of the Public Art Requirement for Residential Projects Prepared By: John Hartnett, Heritage & Cultural Arts Manager f EXECUTIVE SUMMARY: At the April 5, 2011 City Council meeting, the City Council introduced an ordinance which extends the current ordinance "Temporarily Suspending the Public Art Requirement for Residential Projects in excess of 20 units" for a one year term. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council waive the 2"d readin.g and ADOPT the Ordinance Temporarily Suspending the Provisions of Sections 8.58.050.A and 8.58.050.D of the Dublin Municipal Code Relating to Public Art Contribution Requirements for Residential Projects in Excess of 20 Units. ~ G~ ~ Submitted by: Parks and Community Services Director Page 1 of 2 ITEM NO. `~• ~ Assistant City Manager BACKGROUND: At the City Council meeting of April 21, 2009, the City Council adopted an ordinance "Temporarily Suspending the Public Art Requirement for Residential Projects". The suspension was for a two-year term and is set to expire on May 21, 2011. The ordinance was suggested as an economic stimulus in light of the numerous impacts the economic crisis was having on Dublin, especially regarding the notable slowdown in the pace of residential development in the City. Staff concluded that it would be worthwhile to consider implementing a temporary suspension of the City's Public Art Ordinance, codified in Chapter 8.58 of the Dublin Municipal Code, as it applies to residential developments. Staff was directed by the City Council to review the state of residential development in the City towards the end of the finro year suspension, and to make a recommendation regarding the possibility of extending the suspension for an additional period of time. DESCRIPTION: At the April 5, 2011 City Council meeting, the City Council decided that the current ordinance suspending the public art requirement for residential projects should be extended for one more year. The City Council based this decision on the fact that the economic downturn is continuing to affect Dublin and that the City Council wishes to continue to provide an economic stimulus to local developers. ~ Proposed Ordinance Suspending Public Art Requirement For Residential Developments Chapter 8.58 of the Dublin Municipal Code (the "Public Art Ordinance") requires most commercial development projects and residential development projects with more than twenty units to either acquire and construct a piece of public art on or near the development site, or make a monetary contribution to the City in-lieu of constructing a piece of public art. Developers may choose which option they wish to take. The Public Art Ordinance contains an exemption for certain development projects, such as day care centers and low-income housing projects. The proposed ordinance (Attachment 1), applicable only to residential development projects with more than twenty units, suspends for a period of one year the requirement contained in the Public Art Ordinance. At the end of the one year suspension, Staff will review the state of residential development in the City and make a recommendation regarding the ongoing status of Chapter 8.58 as it applies to residential development. The proposed ordinance has the same scope of applicability as the ordinance adopted in April of 2009. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to the Heritage and Cultural Arts Commission. ATTACHMENTS: 1. Proposed Ordinance Temporarily Suspending the Provisions of Sections 8.58.050.A and 8.58.050.D of the Dublin Municipal Code Relating to Public Art Contribution Requirements for Residential Projects in Excess of 20 Units 2. City Council Staff Report dated April 5, 2011 (without attachments) Page 2 of 2 / ~ ~ ORDINANCE NO. XX -11 AN ORDINANCE OF THE CITY COUNCIL ' OF THE CITY OF DUBLIN ~*~*,~,~*~*** TEMPORARILY SUSPENDING THE PROVISIONS OF SECTIONS 8.58.050.A AND 8.58.050.D OF THE DUBLIN MUNICIPAL CODE RELATING TO PUBLIC ART CONTRIBUTION REQUIREMENTS FOR RESIDENTIAL PROJECTS IN EXCESS OF 20 UNITS WHEREAS, on September 5, 2006, the City Council of the City of Dublin adopted an ordinance adding Chapter 8.58 to the Dublin Municipal Code relating to a Public Art Program; and WHEREAS, Chapter 8.58, among other things, requires certain development projects to either acquire and install on or in the vicinity of the development site a public art project with a value equal to a specified percentage of the development project's building valuation or to make a monetary contribution to the City equal to a specified percentage of the development project's building valuation; and WHEREAS, Chapter 8.58 requires the developers of any project subject to its provisions to submit a Public Art Compliance Report-indicating whether the developer will seek to acquire and install public art or make a monetary contribution to the City-to the Community Development Director at the time they seek Site Development Review approval for the project; and WHEREAS, Section 8.58.070.D provides that, prior to occupancy of the first structure in the project, any developer electing to acquire and install public art on or in the vicinity of the development must both secure completion of the public art project in a manner deemed satisfactory to the City Manager and execute an agreement with the City setting forth the ownership, maintenance responsibilities, and insurance coverage for the public art project; and WHEREAS, Section 8.58.070.C provides that any developer electing to make a monetary contribution in-lieu of acquiring and installing public art shall make the payment prior to issuance of the first building permit in the project; and WHEREAS, the approved Site Development Reviews of projects covered by Chapter 8.58 include a condition requiring developers to comply with Chapter 8.58 at the time described in either Section 8.58.070.C or Section 8.58.070.D, depending on which approach the developer has identified in its Public Art Compliance Report; and WHEREAS, the current national economic slowdown has severely impacted the financial strength of many residential developers including some with projects in the City of Dublin, and these developers are having difficulty continuing with development of their projects; and WHEREAS, the City Council of the City of Dublin wishes to encourage the continued development of residential projects in the City during the economic slowdown. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Temporary Suspension of the Public Art Contribution Requirements of Sections 8.58.050.A and 8.58.050.D for Residential Projects. A. Temporary Suspension of On-Site Art Requirement; Termination of Requirement as to Applicable Projects Upon Issuance of Occupancy Permit. For a period of one (1) year following the effective date of this ordinance, any residential development project that has, pursuant to the provisions of Section 8.58.050.A of the Dublin Municipal Code, elected to acquire and install a public art project may be granted occupancy upon successful completion of a final inspection of the first structure in the project without satisfying the requirements of Section 8.58.070.D. Upon said grant Ord No. XX-11, Adopted , Item No. 4.2 Page 1 of 2 ATTACHMENT 1 ~, a ~ ~ ~9-~l - - ~~ W of occupancy of the first structure in the project, the On-Site Public Art Requirement imposed by the conditions of the projecYs Site Development Review pursuant to Section 8.58.050.A sha!! be extinguished as to that Site Development Review only. B. Temporary Suspension of /n-Lieu Fee Requirement, Termination of Requirement as to Applicab/e Projects Upon Issuance of Building Permit. For a period of one (1) year following the effective date of this ordinance, any residential development project that has, pursuant to the provisions of Section 8.58.050.D of the Dublin Municipal Code, elected to make a payment in-lieu of acquiring and installing public art may.obtain the first building permit in the project without first making the contribution as required by Section 8.58.070.C. Upon issuance of that building permit, the Monetary Contribution In-Lieu of Pub{ic Art requirement imposed by the conditions of the project's Site Development Review pursuant to Section 8.58.050.D shall be extinguished as to that Site Development Review only. C. All Other Provisions of Chapter 8.58 Remain In Effect. Notwithstanding anything to the contrary herein, this Ordinance shall not be deemed to waive any other requirement imposed on residential development projeets by Chapter 8.58 including, but not limited to, the requirement that a Public Art Compliance Report be submitted to the Community Development Director in conjunction with site development review of a project. D. Application Limited to Projects Subject to Chapter 8.58. Notwithstanding anything to the contrary herein, this Ordinance shall only apply to residential development projects which have an obligation to make a public art in-lieu contribution or to acquire and install public art pursuant to the provisions of Chapter 8.58. Any existing obligation to make a payment or acquire and install public art that does not arise from the provisions of Chapter 8.58 shall remain in full force and effect. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, uneonstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. ~ Section 4. 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 by the City Council of the City of Dublin on this day of , 2011, by the following votes:. AYES: NOES: ABSENT: ABSTAIN: Tim Sbranti, Mayor ATTEST: Caroline Soto, City Clerk Ord IVo. XX-11, Adopted , ttem No. 4.2 Page 2 of 2 ATTACHMENT 1 G~~~ OF DUB~ti ~ /li/~ ~ 19 (~='=~,182 ~ ~ ~~` -~ l/ ~'~trFOg~ 3~~~ STAFF REPORT DUBLIN CITY COUNCIL C1TY CLERK File # ~ z _' ~~~~~.,~ DATE: April 5, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC : PUBLIC HEARING: Introduction of an Ordinance Extending the Tem'porary Suspension of the Public Art Requirement for Residential Projects Prepared By: John Hartnett, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY: In April, 2009, the City Council introduced and adopted an ordinance "Temporarily Suspending the Pubfic Art Requirement for Residential Projects in excess of 20 units" for a two year term, which expires in May 2011. StafF was directed by the City Council to review the state of residential development in the City towards the end of the two year suspension, in order to make a recommendation to possibly extend the suspension for an additional period of 'time. Given the fact that the economic downturn is continuing to affect Dublin, Staff is recommending -- that the current ordinance suspending the public art requirement for residential projects be -' extended for two more years. FINANCIAL lMPACT: None RECOMMENDATION: Staff recommends that the City Council: 1) Receive the Staff presentation; 2) Open public hearing; 3) Receive public testimony; 4) Close public hearing and deliberate; and 5) Waive r~ading and INTRODUCE the proposed Ordinance Temporarily Suspendir~g the Provisions of Sections 8.58.050.A and 8.58.050.D of the Dublin Municipal Code Relating to Public Art Contribution Requirements for Residential Projects in Excess of 20 Units. . ~ ~~l 1~~~ Submitted by: " Parks and Community Services Director Reviewed by: Assistant City Manager ~~ ~ ATTACHMENT 2 Page 1 of 4 ~ ~. BACKGROUND: At the City Council meetings of Aprif 7 and 21, 2009, the City ~ouncil introduced and adopted~ an ordinance "Temporarily Susp.ending the Public Art Requirement for Residential Projects" (Attachment 1). The ordinance was for a two=year term and is set to expire on May 21, 2011. The ordinance was suggested as an economic stimulus in light of the numerous impacts the economic crisis was having on Dublin, especially regarding the notable slowdown in the pace of residential development in the City. Staff concluded that it would be worthwhile to consider implementing a temporary suspension of the City's Public Art Ordinance, codified in Chapter 8.58 of the Dublin Municipal Code, as it applies to residential developments. Staff was directed by the City Council to review the state of residential development in the City towards the end of the two year suspension, and to make a recommendation regarding the possibility of extending the. suspension for an additional period of time. DESCRIPTION: Given the fact that the economic downturn is continuing to affect Dublin, Staff is recommending that the current ordinance suspending the public art requirement for residential projects be extended for two more years. Proposed Ordinance Suspending Public Art Requirement For Residential Developments Chapter 8.58 of the , Dublin Municipal Code (the "Public Art Ordinance") requires most commercial development projects and residential development projects with more than twenty units to either acquire and construct a piece of public art on or near the development site, or make a monetary contribution to the City in-lieu of constructing a piece of public art. _ Developers may choose which option they wish to take. The Public Art Ordinance contains an exemption for certain development projects, such as day care centers and low-income housing projects. Chapter 8.58 requires the developers of any project subject to its provisions to submit a Public Art Compliance Report-indicating whether the developer will acquire and install public art or make a monetary contribution to the City-to the Comrriunity Development Director at the time they apply for Site Development Review ("SDR") approval for the project. Section 8.104.070 of the Municipal Code, lists the required findings that must be made in order to approve an SDR application, and includes a requirement that the application comply with Chapter 8.58.~ Thus, in order to approve an SDR applicatiori by a project covered by the Public Art Ordinance, the approved SDR will contain a condition of approval requiring the developer to comply with either Section 8:58.070.D or Section 8.58.07Q.D, depending on which approach the developer has identified in its Public Art Compliance Report. The conditions of approval also make reference to the "trigger," the time at which the developer must take action on this requirement. Section 8.58.070.D of the Dublin Municipal Code provides that any developer electing to acquire and install public art at the development site must both secure completion of the public art project in a manner deemed satisfactory to the City Manager and execute an agreement with the City setting forth the ownership, maintenance responsibilities, and insurance coverage : for the public,art project prior to granting of occupancy by the City of the first structure in the project. Thus, the successful completion of a fnal inspection of the first structure in the project by the City Building Department is the "trigger" for developers that will acquire and install public art to satisfy their obligation under the Public Art Ordinance. o.,..,, ~ ,.f ,, ~~ ~ --_. Section 8.58.070.C provides that any developer electing to make a contribution in-lieu of :,~' installing public art must make the payment prior to issuance of the first bui{ding permit in the project. Thus, the issuance of the first building permit is the "trigger" for developers that will make a contribution in-lieu of installing public art to satisfy their obligation under the Public Art Ordinance. ~ The ordinance adopted in April of 2009 was intended to ensure' that the suspension of the public art requirement occurs onfy if, during the suspension period, a developer of a residential project reaches one of the two trigger points in the development process. (At the successful completion of a final inspection of the first structure for art providers and upon issuance of the first building permit for in-lieu fee payers.) Until that point in time, the provisions of Chapter 8.58, including the requirement to submit a Public Art Compliance Report in conjunction with site development review of the project, will still be applicable. If a developer does reach the trigger point during the effective term of the proposed ordinance, then its responsibility to comply with the Public Art Ordinance will be extinguished as to the project covered by the SDR. Note that, by tying the suspension to the SDR, the City ensures that, in the case of larger projects which may be proceeding in separate phases with separate SDRs, the extinguishment of the public art requirement will apply, not to the entire project at one time, but only to the' portion of the overall project that is covered by the triggering SDR. ~ Once again, the intent of this ordinance is to encourage residential construction during the current economic downturn. Thus, the City wishes to grant a waiver of the public art requirement only to developers whose projects are actually under construction during the ~" ~~~ current economic downturn and who may be deterred from commencing constructing due to the requirements of the Public Art Ordinance. This is why the ordinance applies only if a project is at the trigger point. The City does not wish to waive the requirement for development projects that will not begin construction for many years, when the economy may in better shape than it is now. The City also wants to ensure that development projects take the necessary steps so that the developers can easily comply with the Public Art Ordinance once the provisions of the draft ordinance expire in finro years. ' Thus, if a developer of a residential project applies for a building permit or final inspection shortly after the term of this ordinance has expired, the developer will have a completed Compliance Report, and should be prepared to comply with the requirements of Chapter 8.58 by either installing a piece of public art at the development site or making an in-lieu payment to the City. , , The proposed ordinance in Attachment 2 has the same scope of applicability as the suspension ordinance adopted in April of 2009. Thus, the only change that would occur if the proposed ordinance is adopted is that the suspension for covered residential projects would be effective for approximately two more years. Attachment 3 is a report that indicates the development projects that have benefitted in the past two years from the current ordinance. Additionally, current residential projects that have been identified as having an obligation to comply with the Public Art Ordinance are included in the ' report. These projects, or a portion thereof, may benefit from the ardinance if it is extended for two more years, and if the developer reaches the trigger point for the project or portion thereof, during the new two-year term of the ordinance. .- Page 3 of 4 V ~ ~ At the March 10, 2011 Heritage and Cultural Arts Commission meeting, the Commission unanimously recommend that the Public Art Ordinance be extended for two more years, with a suggestion that those developments benefitting from the suspension of the Public Art requirement be encouraged to m~ake a voluntary donation to the City's Public Art Fund. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to the Heritage and Cultural Arts Commission ATTACHMENTS: 1. Ordinance No. 6-09 Teriiporarily Suspending the Provisions of Sections 8.58.050.A and 8.58.050.D of the Dublin Municipal Code Relating to Public Art Contribution Requirements for Residential Projects in Excess of 20 Units . (Adopted April 21, 2009) 2. Proposed Ordinance Temporarily Suspending the Provisions of Sections 8.58.050.A and 8.58.050.D of the Dublin Municipal Code Relating , to Public Art Contribution Requirements for Residential Projects in Excess of 20 Units 3. Development Projects List