Arts & Culture Reso 24-01 (Signed)ASA-2023-013
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 24-01
OF THE ARTS AND CULTURE COMMISSION OF THE CITY OF
CUPERTINO APPROVING THE PROPOSED ART AT THE PUBLIC ART
INST ALLATION FOR THE WESTPORT DEVELOPMENT AT 21301
POINT REYES TERRACE
SECTION I: PROJECT DESCRIPTION
Application No.: Public Art (ASA-2023-013)
Applicant: Dorka Keehn (Keehn on Art)
Location: 21301 Point Reyes Terrace (APN: 326-27-049, -046)
SECTION II: FINDINGS
WHEREAS, the Arts and Culture Commission of the City of Cupertino received an
application for an Architectural and Site Approval to consider public art at the Westport
Development; and
WHEREAS, artwork in private developments is required per 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
pursuant to the categorical exemption in CEQA Guidelines section 15303 (New
Construction or Conversion of Small Structures) and/or Section 15304 (Minor Alterations
to Land); and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
Resolution No.ASA-2023-013 January 22, 2024
Page 2
WHEREAS, pursuant to Cupertino Municipal Code Section 19.148.060 Design Criteria
and Artist Qualifications and Section 19.168.030 Architectural and Site Approval, the Arts
and Culture Commission finds as follows with regard to this application:
1. The artwork is of a nature specified in Section 19.148.030.
Section 19.148.030 identifies sculpture and functiona7 artwork as a permitted artwork.
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.
The artwork consists of multiple art pieces located at foca7 areas of the development. The
location of the artwork is in an ope;n area making it an integra7 compo;nent of the 7andscaping
and 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
motprist,
The artwork would be visible to residents, motorists, and pedestrians who travel by the site
because the artwork shall be in an area along the coroner of the developme;nt.
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 stairdess-steel materials, as well as Ipe wood, requiring a Low
Level of mai;nte;ryance. The lights have an approximate 20-year durability. A mai;ntenance
program has beert approved as part of this application.
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.
Resolution No.ASA-2023-013 January 22, 2024
Page 3
The artwork meets the minimum requirements because the proposal adds to the wide range of
styles and materials currerttly represented in Cupertino's catalog of public art. The artists are
local to the San Francisco Bay Area but has not beert previously commissioned for other works
in Cupertino, therefore adds to the diversity of artists locally.
6. 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.
The artwork are identified by an 8"x8" stairdess-steed plaques.
7. 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 Sections II 1-5 and/or incorporated into the conditions of approval in Section III of this
resolution.
8. Theproposal,attheproposedlocation,willnotbedetrimentalorinjurioustoproperty
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience:
The proposed public art pieces are located around landscape areas and internal sidewalks that
wil! need to meet ADA requirements of the development. Minima7 modifications are proposed
for the site 7andscaping. Therefore, the proposed artwork will not be detrimenta7 or injurious
to property or improvements in the vicinity, and wil7 not be detrimental to the public hearth,
safety, general welfare, or convenience.
9. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any
specificplan, zoning ordinances, applicable planned developmentpermit, 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 project scope does not include an increase in floor area or modifications to any of the
buildings onsite. The artwork is proposed in an area onsite where there are currently no
structures. Additionally, the design maintains a human scale.
Resolution No.ASA-2023-013 January 22, 2024
Page 4
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 building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods 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.
The proposed artwork is designed to be harmonious with the surrounding landscape and is
compatible with the development. New native landscaping wil7 complement the i;ntent of
the design of the spira7 art piece. Lighti;ng for the artwork are low-voltage LEDs and
Lighting sta;rydards have been conditionned to prevent i;ntrusive effects on adjacent
properties
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures have been designed to minimize traffic hazard,
positively affect the general appearance of the neighborhood and harmonize with
adjacent development.
The artwork is identified by a plaque at the pathway as required by CMC Section
19.148.060. They are made of durable, permane;rit materials and are integrated into the
artwork design and overall site.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffig light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and
other appropriate design measures.
This application is not a new development project and the artwork itself maintains
sufficient setback along the front setback.
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, subject to the conditions which
are enumerated in this Resolution beginning on PAGE 4 thereof,
Resolution No.ASA-2023-013 January 22, 2024
Page 5
The application for an Architectural and Site Approval, Application no. ASA-2023-013
for Public 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. ASA-2023-013 as set forth in the Minutes of
the Arts and Culture Commission Meeting of January 22, 2024 and are incorporated by
reference as though fully set forth herein.
SECTIONIII:CONDITIONS ADMINISTEREDBYTHECOMMUNITYDEVELOPMENT
DEP ARTMENT
1. APPROVED EXHIBITS
Approval is based on the Fine Arts applications prepared by Dorka Keehn,of
Keehn of Art, titIed I/Westport Affordable Senior Apartments" and //Westport
Arroyo Village" consisting of 28 pages, except as may be amended by conditions
in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to properff 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. MODIFICATIONS TO ART PIECES
Below listed are recommendations for modifications to the Kaleidoscope Dreams.
* Form of the human figure shall be more abstract, replacing the more female
form implied by the artist in the proposal.
* Quotes proposed on benches shall be reflective of the underrepresented
groups of the local community, as well as the local demographics of the
City of Cupertino.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
allow the BuiIding Official and the Fire Marshall, or their designee, to determine
Resolution No.ASA-2023-013 January 22, 2024
Page 6
that the proposed plans comply with Building and Fire Codes in effect at the time
of application for a building permit.
6. CONSULT ATION WITH OTHER DEP ARTMENTS
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.
7. DEMOLITION RE0UIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
8. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from
leaving the site:
a. Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at Ieast twice daiIy and more often
during windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be
kept damp at all times, or shall be treated with non-toxic stabilizers or dust
palliatives.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
Resolution No.ASA-2023-013 January 22, 2024
Page 7
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. Post a publicly visible sign with the telephone number and person to contact
at the Lead Agency regarding dust complaints. This person shall respond and
take corrective action within 48 hours. The Air District's phone number shall
also be visible to ensure compliance with applicable regulations.
The applicant shall incorporate the City's construction best management practices
into the building permit plan set prior to any grading, excavation, foundation or
building permit issuance.
9. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
9. 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.
10. PERMANENT INST ALLATION
The artwork shall be a permanent, maintained fixed asset of the properff, and
statements to this fact shall be attached or recorded to the existing CC&R's or
otherwise recorded on the properff deed, to advise subsequent property owners of
their obligations to maintain the artwork. Artwork may not be removed without
replacement with all necessary City Permits or the express written approval from the
Fine Arts Commission or body governing such matters in the future.
11. MAINTENANCE
Materials used shall be durable and resistant to graffiti and the effects of weather.
12. DUPLICATION
Resolution No.ASA-2023-013 January 22, 2024
Page 8
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.
13. LIGHTING PLAN
Applicant shall provide to staff the proposed lighting plan for the art program. 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, or staff designee, shall review and approve the lighting
plan.
14. DARK SKY COMPLIANCE
Alternative lighting standards for increased color temperature (no more than 4,000K)
are approved pursuant to review and approval by the Fine Arts Commission. Prior to
the issuance of Building Permits, the applicant shall provide to staff the lighting plan
for the art program to comply with the remaining development standards of
Cupertino Municipal Code (CMC) Section 19.102.040 0utdoor Lighting
Requirements, including project lighting to be fully extinguished or motion sensor
operated after 11:00 p.m., pursuant to CMC Section 19.102(B)(4). In the event changes
are proposed from the approved plans, said changes must be reviewed and approved
by the Director of Community Development or their designee. The applicant shall
provide all documentation required to determine compliance with the Municipal
Code.
15. PUBLIC ACCESS TO ARTWORK
The artwork shall remain in permanent view to pedestrians and motorists and remain
accessible to both pedestrians in the public right-of-way and to visitors of the Forum.
No fencing or closing off the public artwork is permitted that would prohibit the
visibility and/or access to the artwork as intended by the artist and described in this
application.
16. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
Resolution No.ASA-2023-013 January 22, 2024
Page 9
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during the nighttime period as defined in Section 10.48.053(b) of
the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Nighttime construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
17. LANDSCAPE PROJECT SUBMITT AL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C
for projects with landscape area between 500 square feet and 2,500 square feet.
The Landscape Documentation Package or Prescriptive Compliance Application
shall be reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements
per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required
to be reviewed and approved prior to final inspections.
18. LANDSCAPE INST ALLATION REPORT
The project is subject to alI provisions delineated in the Landscape Ordinance
(CMC, Chapter 14.15). A landscape installation audit shall be conducted by a
certified landscape professional after the landscaping and irrigation system have
been installed. The findings of the assessment shall be consolidated into a
landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with
Resolution No.ASA-2023-013 January 22, 2024
Page 10
distribution uniformity, reporting overspray or run-off that causes overland flow,
and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: ]lThe
landscape and irrigation system have been installed as specified in the landscape
and irrigation design plan and complies with the criteria of the ordinance and the
permit."
19. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall
be established and submitted to the Director of Community Development or
his/her designee, either with the landscape application package, with the
landscape installation report, or any time before the landscape installation report
is submitted.
a. Schedules should take into account water requirements for the plant
establishment period and water requirements for established landscapes.
b. Maintenance shall include, but not be limited to the following: routine
inspection; pressure testing, adjustment, and repair of the irrigation system;
aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning;
replanting of failed plants; weeding; pest control; and removing obstructions
to emission devices.
c. Failed plants shall be replaced with the same or functionally equivalent plants
that may be size-adjusted as appropriate for the stage of growth of the overall
installation. Failing plants shall either be replaced or be revived through
appropriate adjustments in water, nutrients, pest control or other factors as
recommended by a landscaping professional.
20. NESTING BIRDS
Nests of raptors and other birds shall be protected when in active use, as required
by the federal Migratory Bird Treaty Act and the California Department of Fish
and Game Code.
a. Construction and tree removal/pruning activities shall be scheduled to avoid
the nesting season to the extent feasible. If feasible, tree removal and/or
pruning shall be completed before the start of the nesting season to help
preclude nesting. The nesting season for most birds and raptors in the San
Francisco Bay area extends from February 1 through August 31.
Preconstruction surveys (described below) are not required for tree removal or
construction activities outside the nesting period.
b. If construction activities and any required tree removal occur during the
nesting season (February 1 and August 31), a qualified ornithologist shall be
required to conduct surveys prior to tree removal or construction activities.
Resolution No.ASA-2023-013 January 22, 2024
Page II
Preconstruction surveys shall be conducted no more than 14 days prior to the
start of tree removal, pruning or construction. Preconstruction surveys shall be
repeated at 14-day intervals until construction has been initiated in the area
after which surveys can be stopped. During this survey, the ornithologist shall
inspect all trees and other possible nesting habitats in and immediately
adjacent to the construction areas for nests.
c. If the survey does not identify any nesting birds that would be affected by
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work areas
to be disturbed by these activities, their locations shall be documented, and
protective measures implemented under the direction of the qualified
ornithologist until the nests no longer contain eggs or young birds.
d. Protective measures shall include establishment of clearly delineated exdusion
zones (i.e., demarcated by identifiable fencing, such as orange construction
fencing or equivalent) around each nest location as determined by the qualified
ornithologist, taking into account the species of birds nesting, their tolerance
for disturbance and proximity to existing development. In general, exdusion
zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and
other birds. The active nest within an exdusion zone shall be monitored on a
weekly basis throughout the nesting season to identify signs of disturbance and
confirm nesting status. The radius of an exclusion zone may be increased by
the qualified biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
biologist only in consultation with California Department of Fish and Wildlife.
The protection measures and buffers shall remain in effectuntil the young have
left the nest and are foraging independently or the nest is no longer active.
e. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection measures
(if required), shall be submitted to the Planning Manager, through the building
permit review process, and be completed to the satisfaction of the Community
Development Director prior to the start of grading.
21. TREE AND LANDSCAPE MAINTENANCE
The property owner shall be responsible for ensuring that the existing trees and
newly planted trees are properly maintained including but not limited to ensuring
that there is adequate soil drainage, that the soil is well-aerated, and irrigation
systems are thoroughly tested to provide sufficient water to landscaped areas
while reducing water waste.
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Page 12
22. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained. In addition, the
following measures shall be added to the protection plan:
a For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
a No parking or vehicle traffic shall be allowed under root zones, unless using
b uffers approved by the Project Arborist.
a No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist shall
b e consulted before any trenching or root cutting beneath the dripline of the
tree.
a Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
a Tree protection conditions shall be posted on the tree protection barriers.
a Retained trees shall be watered to maintain them in good health.
a A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews prior to issuance of
demolition, grading or building permits. A report ascertaining the good health of
the trees mentioned above shall be provided prior to issuance of final occupancy.
23. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the Ilindemnified parties") from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as //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 related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
Resolution No.ASA-2023-013 January 22, 2024
Page 13
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel 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. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys' fees, or costs
awards, including attorneys' fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
24. 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.
PASSED AND ADOPTED this 22nd day of January 2024 at a noticed Public Meeting of the
Arts and Culture Commission of the City of Cupertino, State of California, by the
folIowing vote:
AYES: COMMISSIONERS: Rohra, Ford, Maa, Wang
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: ONERS: Agrawal
ATTEST: APPR
Gian Paolo
Senior Planner
Carol Maa
Chair