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Arts & Culture Reso 23-03 (Signed)CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 23-03 OF THE ARTS AND CULTURE COMMISSION OF THE CITY OF CUPERTINO APPROVING THE PROPOSED ART INST ALLATION AT THE JOLLYMAN PARK ALL-INCLUSIVE PLAYGROUND SECTION I: PROJECT DESCRIPTION Application No.: CIP-2019-15 Applicant: City of Cupertino Location: 1000 S. Stelling Rd. (APN: 359-25-049, -048, -024, -002) SECTION II: FINDINGS WHEREAS, on November 22, 2021, the Arts and Culture Commission approved the in- lieu payment for art at the I/Public Storage" development site; and WHEREAS, on May 2, 2023, City Council approved appropriation of the art in-lieu funds for the Jollyman All-Inclusive Playground (AIPG); and WHEREAS, on May 22, 2023, the Arts and Culture Commissioners provided feedback to City Staff for proposed artwork at the Jollyman All-Inclusive Playground (AIPG); and WHEREAS, on September 25, 2023, the Arts and Culture Commissioners provided additional feedback to City Staff for proposed artwork at the Jollyman All-Inclusive Playground (AIPG); and WHEREAS, artwork in public developments is required to be reviewed by the Arts and Culture Commission per Cupertino Municipal Code 2.80, subject to the Design Criteria as mandated in Cupertino Municipal Code 19.148; and WHEREAS, the Arts and Culture Commission has held at least one public meeting with regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (/'CEQA"), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review Resolution No. 23-03 CIP-2 €)19-015 December 6, 2023 Page 2 pursuant to the categorical exemption in CEQA Guidelines section Section 15304 (Minor Alterations to Land); and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, pursuant to Cupertino Municipal Code Section 19.148.060 Design Criteria, the Arts and CuIture Commission finds as follows with regard to this application. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony, staff's report and presentation, and other evidence submitted in this matter, the application for an public artwork, Applicationno. CIP-2019-15 for PubIic Artwork is hereby approved and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Meeting record concerning Application no. CIP-2019- 15 as set forth in the Minutes of the Arts and Culture Commission Meeting of July 24, 2023 and are incorporated by reference as though fully set forth herein. PASSED AND ADOPTED this 6th day of December 2023 at a noticed Public Meeting of the Arts and Culture Commission of the City of Cupertino, State of California, by the following vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: Maa, Wang, Agrawal, Rohra COMMISSIONERS: COMMISSIONERS: Ford COMMISSIONERS: ATTEST: Gian Paolo Senior Planner