FAC Resolution No. 16-01 For Architectural and Site Approval for the Art Program at the Main Street Cupertino Mixed-Use Development Site Located at 19349-19459 Stevens Creek BoulevardCITY OF CUPERTINO
10300 Torre A venue
Cupertino, California 95014
RESOLUTION NO. 16-01
OF THE FINE ARTS COMMISSION OF THE CITY OF
ASA-2015-21
CUPERTINO FOR ARCHITECTURAL AND SITE APPROVAL FOR THE ART PROGRAM AT THE
MAIN STREET CUPERTINO MIXED-USE DEVELOPMENT SITE
LOCATED AT 19349-19459 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION & RECITALS
Application No(s).: ASA-2015-21
Applicant(s): Dean Isaacs (Main Street Cupertino Aggregator, LLC)
Location: 19349-19459 Stevens Creek Boulevard (APN #316-20-085, -086, -108, -109)
WHEREAS, the Fine Arts Commission of the City of Cupertino received an application to allow
an Architectural and Site approval for the art program at the Main Street Cupertino mixed-use
development site;
WHEREAS, this project is exempt from the provisions of the California Environmental Quality
Act ("CEQA"), pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) and/or Section 15304, Class 4 (Minor Alterations to Land) of the CEQA Guidelines;
WHEREAS, the necessary public notices have been given as required by the Administration
Ordinance of the City of Cupertino, and the Fine Arts Commission has held at least one public
meeting in regard to the application; and
WHEREAS, the applicant has met the findings required to support said application; and
NOW, THERFORE, BE IT RESOLVED:
After careful consideration of the facts, exhibits, testimony and other evidence submitted in this
matter, the Fine Arts Commission hereby recommends approval of Application No. ASA-2015-
21 based upon the findings described in Section II of this resolution, the public hearing record
and the Minutes of the Fine Arts Commission meeting of February 29, 2016, and subject to the
conditions specified in Section III of this resolution.
SECTION II: FINDINGS
A. Cupertino Municipal Code Chapter 19.168.030: Architectural and Site Review.
The Approval Body may approve an application only if all of the following findings are made:
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1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
The applicant is proposing to add art features throughout the Main Street Cupertino mixed-use
development as required by the conditions of approval of M-2012-03 and Cupertino Municipal Code
Section 19.148. The art pieces are designed to visually integrate with the development and enhance
the experience for patrons. All materials used for the proposed art pieces are durable, and are located
in areas that will not restrict and/or hinder the safe movement of pedestrians. Therefore, the project is
not detrimental to the public health, safety, general welfare or convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site
Review, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning
ordinances, applicable planned development permit, conditional use permits, variances,
subdivision maps or other entitlements to use which regulate the subject property
including, but not limited to, adherence to the following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related to height
and bulk should be achieved between new and existing buildings;
The proposal will not increase the existing building heights or increase the building sizes within the
development. Therefore the addition will avoid any abrupt changes to the scale of the structures on-
site and on adjacent properties.
b) In order to preserve design harmony between new and existing buildings and in order to
preserve and enhance property values, the materials, textures and colors of new buildings
should harmonize with adjacent development by being consistent or compatible with design
and color schemes, and, with the future character of the neighborhood and purposes of the
zone in which they are situated. The location, height and materials of walls, fencing, hedges
and screen planting should harmonize with adjacent development. Unsightly storage areas,
utility installations and unsightly elements of parking lots should be concealed. The planting
of ground cover or various types of pavements should be used to prevent dust and erosion,
and the unnecessary destruction of existing healthy trees should be avoided. Lighting for
development should be adequate to meet safety requirements as specified by the engineering
and building departments, and provide shielding to prevent spill-over light to adjoining
property owners; and
The proposed art design, materials, finishes, and textures will integrate with the existing buildings
and are compatible with the character of the development. The project proposes no changes to the
location, height, and materials of walls, fencing, and hedges and screen planting. No spill-over light
will occur. Furthermore, the art program meets the guidelines of the Fine Arts Commission and does
not propose to locate unsightly storage, utility units, and/or parking lots visible to the public right-of-
way.
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c) The number, location, color, size, height, lighting and landscaping of outdoor advertising
signs and structures shall minimize traffic hazards and shall positively affect the general
appearance of the neighborhood and harmonize with adjacent development; and
No signage or outdoor advertising is requested through this proposal.
d) With respect to new projects within existing residential neighborhoods, new development
should be designed to protect residents from noise, traffic, light and visually intrusive effects
by use of buffering, setbacks, landscaping, walls and other appropriate design measures
The proposed art program does not have features that will contribute to any noise, traffic, light, or any
other visually intrusive effects.
B. Cupertino Municipal Code Chapter 19.148.060: Design Criteria and Artist Qualifications.
The proposed artwork meets the following criteria:
1. The artwork is of a nature specified in Section 19.148.030.
Section 19.148.030 identifies sculpture and murals as two types of allowed artwork. The proposed art
program includes a combination of sculpture, creek markers and murals throughout the site.
2. The artwork requirement is to be satisfied with one significant piece of artwork, except that
the requirement may be met with several works of art when specifically found by the Fine
Arts Commission to fulfill the intent of this chapter. The artwork shall be an integral part of
the landscaping and/or architecture of the buildings.
With five creek markers and nine art pieces, the proposed art program exceeds the minimum
requirements. The pieces are integrated with the landscape and architecture through appropriate
spacing and location throughout the site.
3. The artwork shall be easily visible from the public street and be located in an area
specifically designated on the project site plan. Appropriate locations include, but are not
limited to, entryways to the property, greenbelts, and building exteriors. The artwork must
be in permanent view to motorists and pedestrians. Artwork located at the entrance to a
development should make a major statement and be visible from the main parking lot, if
any. When located in proximity to major traffic thoroughfares, the artwork should be at a
motorist's scale and oriented toward the view corridor of the motorist.
Main Street Cupertino is designed to promote pedestrian activity through a network of walkways that
connect buildings and internal open spaces, plazas and gathering spaces. All proposed artwork are in
view to pedestrians because art locations punctuate various areas near pedestrian pathways and
within plazas. Two proposed aluminum wall hangings are of a scale and location that are clearly
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visible to both motorists and pedestrians, because the wall hangings are located on the main garage
wall facing Vallco Parkway.
4. The composition of the artwork shall be of permanent materials requiring a low level of
maintenance. Materials used shall be durable and resistant to graffiti and the effects of
weather.
The materials are permanent materials requiring a low level of maintenance. The materials include
metals with various finishes, paint, and fiberglass.
5. The nature and style of the artwork shall be considered in the context of other artwork in the
surrounding area in order to encourage a wide range of art styles and materials, and to
create a balanced and interesting aesthetic appearance. The developer is encouraged to give
preference to artists living or working in the San Francisco Bay area, and to avoid using
artists whose work is already displayed as public art within the City of Cupertino
boundaries.
With five creek markers and nine art pieces, the proposed art program exceeds the minimum
requirements, The pieces represent a wide range of art style and materials, including metals with
various finishes, paint, fiberglass and interactive art.
6. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino
Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City
Council Resolution No. 05-040, or as later amended.
The art program meets the criteria stated within City of Cupertino Public Art Program Guidelines
for Selection of Public Art, which are incorporated into the findings stated above in section B.1-5
and/or incorporated into the conditions of approval in Section III of this resolution.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section III of this resolution, the
Application No. ASA-2015-21 is hereby approved; and that the sub-conclusions upon which the
findings and conditions specified in this Resolution are based and contained in the public
meeting record concerning Application ASA-2015-21 as set forth in the Minutes of the Fine Arts
Commission Meeting of February 29, 2016, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Main Street Cupertino: Art Element Locations"
dated "Received January 29, 2016", consisting of twelve (12) sheets, except as may be
amended by conditions in this resolution.
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2. ACCURACY OF PROJECT PLANS
ASA-2015-21 February 29, 2016
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
3. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard
to the proposed project for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
4. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party
against one or more of the indemnified parties or one or more of the indemnified
parties and the applicant to attack, set aside, or void this Resolution or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant
shall pay such attorneys' fees and costs within 30 days following receipt of invoices from
City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise
employed as City staff and shall include City Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred
by City.
5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest
these fees, dedications, reservations, and other exactions, pursuant to Government Code
Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying
with all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
6. ARTWORK IDENTIFICATION
Artwork shall be identified by an appropriate plaque or monument measuring not less than
eight inches by eight inches. The plaque shall be made of a durable, permanent material and
shall be placed near the artwork, and shall list the date of installation, title and artist, and
medium.
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7. PERMANENT INSTALLATION
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The artwork shall be a permanent, maintained fixed asset of the property, and statements to
this fact shall be attached or recorded to the existing CC&R's or otherwise recorded on the
property deed, to advise subsequent property owners of their obligations to maintain the
artwork.
8. MAINTENANCE
Materials used shall be durable and resistant to graffiti and the effects of weather.
9. DUPLICATION
To assure that the art work will not be duplicated, the artist shall be asked to warrant that
the art work is unique and an edition of one, unless stated to the contrary in the contract and
disclosed to the Fine Arts Commission. Multiples shall be considered for selection at the
discretion of the Fine Arts Commission.
10. HISTORICAL ACCURANCY OF MEDALLIONS
Prior to installation, staff shall review the accuracy of the information provided on the
medallions and markers along the Calabazas Creek walk.
11. LIGHTING PLAN
Applicant shall provide to staff the proposed lighting plan for the art program, including
the hanging wall sculptures on the north and eastern elevations of the parking garage and
the sculptures on both sides of the central core tower. The plan shall include, but is not
limited to, lighting specifications such as location, size, type, color, controls, timers, and
appropriate illumination levels. The Director of Community Development shall refer the
lighting plan to the Fine Arts Commission for their consideration once it has been reviewed
b staff.
PASSED AND ADOPTED this 29th day of February, 2016 at a noticed Public Meeting of the
Fine Arts Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
COMMISSIONERS: Chokshi, Leong, Mahalingam, Matley, Sanchez
COMMISSIONERS: -
COMMISSIONERS: -
COMMISSIONERS: -
APP OVED:
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Catarina Kidd
Senior Planner