FAC Packet 06-26-07
, '--
AGENDA
FINE ARTS COMMISSION
Regular Meeting, Conf. Rm. A
10300 Torre Avenue Cupertino
Tuesday, June 26, 2007 7:00 P.M.
CUPEI(fINO
'-'
4.
Review applications and select the Distinguished Art1st(s) of the Year for 2007.
UNFINISHED BUSINESS
5. Discussion of sculpture garden and/or sculpture locations in community.
6. Status report on the policy for commercial sale of art displayed on city property
7. Preparation of a Percent-for-Art ordinance and "developer's guidelines" document
WRITTEN COMMUNICATIONS
, STAFF REPORTS
8. Review of current ad hoc committee list
COMMISSIONER REPORTS,
9. Arts-related news updates from Commissioners
\......-
10. Report from Mayor's meeting with commissions, and confirm representative(s) to attend
future meetings (these occur the 2nd Wednesday of each month at 8:00 am.).
. July 11
. August 8 .
. September 12
June 26, 2007
Cupertino Fine Arts Commission
Page 2
-J
NEWS ARTICLES
11. Media coverage
ADJOURNMENT
In complitmce with the Americans with Disabilities Act (ADA), the City of Cupertino will 1IUIkereasonable
efforts to accommodate persons with qualified disabilities. Jfyou require special assistance, please contact
the city clerk's ojJice at 408-777-3223 at least 48 hours in advance of the meetiitg. .
--",'
"-./
~
(p/~U /67
DRAFT
CupertinoPubUc Art Program Reauirements
(ReVIled 5/30/07)
CUPERTINO
Artwork selected to satisfy the City of Cupertino's public art requirement is reviewed by
the City's Planning Division, Public Works Department, and Fine Arts Commission.
Although the developers are responsible for selecting the artist and works of art, the
Commission's staff liaison will help guide the' developers through the selection and
approval process.
The Commission .will :.study the proposed artwork to. ensure it meets the criteria for
approval as outlined in General Plan Policy 2-66 and Section of the Cupertino
Municipal Code. The Fine Arts Commission's review will include, but not necessarily
be limited to, the following:
. Review the artist's background to ensure he/she has the experience and knowledge
to design, fabricate and install a large-scale artwork;
. Review the artwork to determine whether the nature and style of the artwork is
appropriate to the architecture of the buildings and any existing visible public art;
. Review the artwork to determine whether it poses any hazard to pedestrians or
drivers
. Determine if the scale of the proposed artwork is appropriate to the overall
L development and that it aesthetically enhances the surrounding area; and
. Review the location of the artwork in order to assess public visibility and access.
. Determine if the artwork must is an original or one of a limited series
. Preference given to artists living or working in the San Francisco Bay area; and
avoidance' of artists whose work is already displayed as public art in the Cupertino
area.
The following items are required:
L
> Seven copies of each of color and/or black& white renderings of the artwork and
identifying signage
> Public Art Program Application form
> Public Art Information Form
> Eligible Costs Worksheet showing artwork project meets the .25% expenditure
requirement
> Artist's Resume
> Artist's Statement (Including any theme or idea behind the proposed artwork, the
exact dimensions, how it is constructed, and how it can best be maintained.)
> Two color copies of the elevation drawing, either 8.5" x 11" or 11" x 17", (to scale
and clearlv showina the artwork in relation to its surroundinas. includina landscapina.
public riahts-of-wav. street frontaae. and parkina lots.)
> Two copies of the site plan showing the proposed location of the artwork within the
project, including North arrow and landscaping
> Lighting/electrical plan including a visual of the light fixture(s)
Cupertino Public Art Program Requirements
. Page 2
> Material sample(s)
> Any additional information requested by the ~taff liaison
The above materials must be submitted to the Fine Arts Commission staff liaison
in order to solicit review by the Planning Division and the Public Works Department
before it is reviewed by the Fine Arts Commission. Please see the attached timeline.
The property owner or developer Is required to attend the Fine Arts Commission
meeting to present the proposed artwork. The, artist is also encouraged to attend the
Arts Commission.
Fine Arts Commission meetings are held the fourth Tuesday of even-numbered months,
at 7:00p.m. in Conference Room A of City Hall, 10300 Torre Avenue.
The complete Cupertino Public Art Program (Title _ Zoning, Chapter _) can be
found at http://www
For more information, please contact Fine Arts Commission liaison, City Clerk Kimberly'
Smith, at (408) 777-3217. '
,
~
G:\Public Folder\Fine Arts Commlssion\PERCENT FOR ARMequlrements.doc
-J
~
CUPERTINO PUBLIC ART PROGRAM
STAFF PROCEDURES
Backaround
City Council action of November 15,2005, amended the Land Use Element of the
Cupertino General Plan to add Goal H, Policy 2-66: Public Arts.
This goal is to create a civic environment where the arts express an innovative spirit,
celebrate a rich cultural diversity, and inspire individual and community participation.
Public Arts Policy 2-66 is to stimul~te opportunities for the arts through cooperative
relations between local buSiness and the City.
One of the strategies fOf. accomplishing this goal is to require public and private
development of 50,000 square feet or larger to set aside .25% of their total project budget
for on-site art. There is an expenditure cap of $1 00,000, but developers are encouraged
to spend more when necessary to provide aesthetic artworks of appropriate scale to their
projects.
~
Other strategies include promoting visible artworks in public and private development
and gateways to the City, and encouraging the development of artist workspaces, such as
live/work units.
The City Council may also require projects not specifically included in the Public Art
Program also be required to provide public art.
Procedures
. When a qualifying project is approved, the use permit shall specify that a public
art component is required, and that it must be installed before an occupancy
permit is issued.
. The Proje~t Planner will perform the following tasks:
o Including the liaison in all "interes~edparty" lists (currently that is City
Clerk Kimberly Smith)
o Forward digital copies of the renderings, elevations, and site plan as
necessary to illustrate the project location, reCommended location for
artwork, and surrounding area, including parking and lighting
o Provide contact information for developer (and artist, if available)
o Provide a total project budget, of which .25% must be for public art. *
(The total project budget is defined as
"
L
Cupertino Public Art Program
Staff Guidelines
Page 2
. The Project Planner will also notify the Public Works Department so that they can
review the proposed artwork location, and Public Works will notify Planning and
the F AC liaison of any concerns.
~~
. The FAC liaison will forward information to the commission as appropriate and
create a project file.
. The Developer submits an application package for review by the Fine Arts
Commission at least 3 weeks prior to a scheduled meeting (currently those are
held on the 4th Tuesday of February, April, June, August, and October and
November). Alternate dates may be reques~ed, but cannot be guaranteed.
. The Fine Arts Commission will'review the proposal and provide feedback to the
developer and artist as necessary. It is not the commission's role to dictate the
artist, content, materials, location, etc., but instead to make sure that the proposal
meets the criteria for aesthetics, safety, maintenance issues, minimum of .25%
expenditure, etc. .
. The commission will forward its final recommendations to the Project Planner via
email, and the planner will follow through with Public Works to insure that the
artwork is installed prior to the occupancy permit being issued.
.J
G:\Public Folder\Fine Arts Commission\PERCENT FOR: AR1\Staff Procedurai.doc
-.-/
~
L
~
Excerpt from the
Cupertino General Plan 2000-2010
GOAL H: A civic environment where the arts express an innovative spirit,
celebrate a rich cultural diversity, and inspire individual and community
participation
Policy 2-66: Public Arts
Stimulate opportunities for the arts through cooperative relations between local business and the
City.
Strategies:
1. Ordinance. Develop and adopt a One-Percent for Art ordinance, which requires public
and private development to set aside .25% of their total project budget for on-site art,
with a $100,000 cap. Apply to projects 50,000 square feet and larger.
2.
Promote Art. Promote visible artworks in public and private development and gateways
to the City. .
3. Public Art Guidelines. Follow Public Art guidelines to assure that the proposed public
art is appropriately scaled and fits into the coIitext of its surroundings.
4. Artist Workspace. Encourage the development of artist workspace, such as live/work
units.
G:\Public Folder\Fine Arts Commission\PERCENT FOR ARl\Excerpt from the General Plan.doc
ORDINANCE NO. 07-_
\..--
AN ORDINANCE OF THE CITY OF CUPERTINO, ADDING TITLE 19, SECTION
118 OF THE CUPERTINO MUNICIPAL CODE, A PUBLIC ART ORDINANCE
Whereas, in November 2005 the Land Use Element of the Cupertino General Plan was
amended to add Goal H, Policy 2-66, regarding public art; and
Whereas, the goal is to create a civic environment where the arts express an innovative
spirit, celebrate a rich.cultural diversity, and inspire fudividual and community participation; and
Whereas, Policy 2-66 was created to stimulate opportunities for the arts through
cooperative relations between local business and the City; and
Whereas, one of the strategies for accomplishing this goal is to establish a "Percent for
Art" program which requires public and private development of50,000 square feet or larger to
set aside one-quarter of one percent (.25 %) of the total project budget for on-site art; and
Whereas,there was established an expenditure cap of $100,000, but developers are
encouraged to spend more when necessary to provide aesthetic artworks of appropriate scale to
their projects;
\....... NOW, THE CITY COUNCIL OF THE 'CITY OF CUPERTINO DOES HEREBY
ORDAIN that the following section shall be added to the Cupertino Municipal Code:
Chapter 19.118 REQUIRED ARTWORK IN PUBLIC AND PRIVATE
DEVELOPMENTS
~
19.118.010. purpose.
19.118.020. Findings.
19.118.030. Artwork reauired.
19.118.040. Proner'tv subiect to reauirements.
19.118.050. Minimum floor area requirements.
19.118.060. Permit reauired.'
19.118.070. Permitted works of art.
19.118.080. Criteria for apnroval.
19.118.090. Artwork master permit.
Ordinance No. 07-
Page 2
--.--/
19.118.100. Public arts fund and in-lieu. fee for artwork.
19.98.010. Purpose.
The pwpose of this chapter is to regulate and establish standards for inclusion of publicly visible
artworks in public and private development projects which are either large in scale or have
unique visual impacts due to their 10catieJ'l on principal avenues of travel or at landmark
intersections characterized as areas of concentrated public activity.
19.118.020. Findings.
The city council makes the following findings:
(a) The visual and aesthetic quality of development projects in the city has a significant impact
on property values, the economic well-being of the city and its: orderly development.
(b) The incorporation of publicly visible artwork in large scale. development projects and those
located on principal avenues of travel or at highly visible intersections will enhance the visual
and aesthetic quality of such developments. enhance property values and the orderly development
of the city, create ,a unique sense of community and self-image, as well as public image presented
to others which, ih turn, can positively attect property owners' willingness to maintain their
property and its value.
( c) Development of large scale or highly visible sites without the incorporation of unique
elements such as artwork can result in an undesired and deleterious sense ofunifonnity and of
loss of human scale and orientation. Such impacts are contrary to the public interest and welfare
and can adversely affect property values and the development of the city.
(d) The incorporation of publicly visible artwork in large scale or highly visible development
projects will mitigate, in whole or in part, the sense ofunifonnity and loss of human scale and
orientation which can be generated by such projects. Requiring the incorporation of such artwork
is in the public interest and welfare.
.~
19.118.030. Artwork required.
(a) All B9IlfesiEleBtial development projects (including hotel and motel developments) of 50,000
square feet or larger involving construction of new buildings or the expansion of existing
buildings on property subject to this,chapter, for which a building permit application is filed after
the adoption of this chapter, shall provide for the installation and maintenance of publicly visible
artwork on the property being developed, in accordance with this chapter. Developers must
allocate an amowlt for artwork equal to one-quarter of one percent of the construction valuation
of the project, based on the building pennit valuation as determined by the chiefbuildirig official.
In the event of multi-phased development, valuation shall be based on the cost of all phases, even
though all phases may not be completed at the same time.
(b) The owner of such property shall maintain the artWork, or cause it to be maintained, in good
, condition continuously after its installation. Maintenance shall include all related landscaping,
lighting and upkeep of the identification plaque. Violation of the maiI;ltenance requirements may
Ordinance No. 07-
Page 3
~
\.-
result in the imposition of administrative fines and penalties under Chapter _ of the Cupertino
Municipal Code, and may include the cost to the city of maintaining or repairing the artwork
should a property owner fail to do so. No piece of required art approved pursuant to this chapter
may be removed, except for required maintenance or repair, except with the approval of the city
which may be conditioned upon replacement of the piece. Removal or replacement of artwork
shall be in accordance with the procedures set forth in Section 19.118.060 for approva1.by the
arts commission. Property owners shall record a document with the county recorder containing a
description of the art and noting the obligation of present and future property owners to maintain
and repair the artwork.
( c) The requirements of this section shall apply only if the gross floor area of the new
construction equals or exceeds the limits set forth in Section 19.118.050. No approval or
certificate of occupancy shall be issued for any such building, expansion, or portion thereof until
a permit for the required artwork has been issued pursuant to Section 19.118.060 and the
required artwork has been installed on the lot. If such installation prior to the anticipated date of
occupancy is impracticable, the director of community development may allow occupancy of the
building or portion thereof prior to installation of the artwork; provided, that a PERMIT for the
required artwork has been issued and the applicant has filed with the city adequate security to
guarantee installation of the artwork as required in the form of a bond, letter of credit, cash
. deposit, or similar security instrument, along with an AGREEMENT to install the required
artwork in such amount and form as is acceptable to the director of community development and
the city attorney.
(d) No building permit will be issued for any building, expansion, or portion thereof, pursuant to
Section 19.118.050 until a permit for the required artwork has been issued pursuant to Section
19.118.060.
19.118.040. Property subject to requirements. PERHAPS THESE 040 AND 050
SHOULD BE MERGED INTO ONE SECTION?
(a) .^.ny lot RaviBg a let area oftwe aeres Any development of 50,000 square feet or larger shall
be subject to the requirements of this chapter. IB tlle &veal mere tBaB eBe let is a01/elopea jeimly
or as an imegr~tee projeet, v:hedier er Bet unGer eemmeB ewftefBhip, tlie reEf'1:lH'emeRts ef this
ooapter shall apply iftlie aggregate let area ef allNeR lats is twa aeres ar mere.
(8) .^..ny lat, er lets a01/elepeajeimly or as M integmtee prejeet, laGatee at8:B)' aftlie fellowiBg
street imefseetieBs, regaFElless €If size, shall be S1:lBj eet te tlie reEf\:Hremem:s af this ooapter:
HI CamiBe Real Ma F~efReRt A 'feR1:le
HI CamiBe Real 8:Btl RemiBgteB Drive
HI CamiBe Real Ma S\H'l&)"/ale .^~veR1:le
HI CamiBe Real ana Mat1:Hlaa hVeRlle
CeRtral H~ressway ana La\,'lHRee E*}JFess'lIay
CeMrelExpress'llay Ma Mary .^~veB1:le
Mat1:Hlaa A VeR1:le 8:nEl State Highway 101
Ma:thilaa .^~ VeRlle 8:Btl State Higlv::ay 237
L
Ordinance No. 07-
Page 4
--./
Le?::HBee BJipressway aH 'State Higlw:ay 237 ' ,
Lav.'feBee EJiPfeSSol:ayand Sate Higkway 101
Fer purpeses efthis eaapter~ Ii lat is le_ted at eRe ef-die eave refereBeed ilMefseeti9ftS if the let
has, weRt. aleRg seth efthe stMEi feHftiBg the iBt8f8eetieR. Fer purpeses efthis eft&pter, a let
is eeBsidered to aaO/e fr.emage eR a _est ol:ltether er Ret 1:I1e let is leeated at a semmeR gfBfie
...:ith the skeet, \Olhet8.er or Bet aesess wam the let te the stMst is, availaBle, &Bd o.vhet8.er er Ret the
let asms the partieular stfeet right ef way if the let is SepllHted fr.em the 8tfest right af ollay eBly
BY pllBlie streets, rights, af way and ather PllBlisly er.-IBM prepefty.
(c) Nothing contained in this chapter shall prevent the city council from imposing requirements
for inclusion of artwork in particular projects not mentioned in this section by means of specific
plan, use pennit~ special development permit or other discretionary review where it is determined
that facts particular to the proposed development warrant such imposition. (Old. 2623-99 ~ 1
(part): prior zoning code ~ 19.49.040).
19.118.050. Minimum floor area requirements.
(a) The requirements of this chapter shall apply whenever a development project inv,olves the
construction ofa new building (except accessory buildings) ell. a let Nsjest to the ~emems
of this eliapter, regardless ef the ilear area aethe B1:Hldiftg. or an expansion of an existing
building or buildings or construction of accessory buildings which expansions or construction
have an aggregate gross floor area of fifty thousand square feet or larger???? ,
(9) The F8EJ:Uifemems efthis ehepter shall apply v:l18fte'/er a develepm8ftt pl'ejest iW/elo:es an
e*p&BsieB ef an e,asting s1:Hldiag er s1:HldiBgs ef 8eB.SwetieR ef &8eessery B1:HlttiBgs vAriea
eKj)ansiens er sen&mietieB have aD aggregate gFeS~ 'ileer aHa ef:
(1) TlHrty 1:I1ellsaDd sEl\iare feet in the sase afa let slisjest te the reEl1:HF8Hl8ftts efthis eRapter
selel)' BY MaseB efhavmg a let aHa eflw9 aefes 9r mere; er
(2) Tea the\lsBBEl sEftiaM feet Hi the elSe era let S\lsje8t te thereEl1:Hremems ef1lHs eBaptersy
reaseR9fBeiag lesatea at eRe efthe iRtefSeea9Rs listed iB Ses~eRI9.52.040, .l:l1ed=ler erBet
h&'/iftg a let area eftv:a aeNs.
(c) In. the event of expansion of existing buildings or construction of accessory buildings not
occurring at a single time, the requirements of this chapter shall apply at such time as the
aggregate floor area of all such construction for which building permits were applied after the
adoption of this chapter reaches or exceeds the levels specified in this section. HUH?
-../
19.52.060. Permit required.
(a) Whenever installation of artwork is required pursuant to this chapter, a pennit for the
installation of such artwork shall be obtained pursuant to this section prior to such installation.
Such permit shall be obtained prior to issuance of any approval or certificate of occupancy for the
new construction. CIDDY DO YOU THINK A PERMIT IS APPROPRIATE IN OUR CASE?
Proceedings to obtain such permit shall be initiated by an application signed by the owner or
owners of the lot or lots subject to the requirements of this chapter. The application shall be filed
---/
Ordinance No. 07-
Page 5 .
~
with the director of community development on forms furnished for the purpose. The application
shall contain the following information:
(1) Landscape and site plans indicating the 'location and orientation of the artwork and the
landscaping and architectural treatment integrating the piece into the overall project design;
(2) A sample, model, or photograph of the proposed artwork and "to-scale" drawings or
photograph' of the proposed art 'piece;
(3) Material samples and finishes if appropriate;
(4) A resume of the proposed artist;
(5) Slides and/or photographs of the proposed artist's past work which demonstrates like work to
the proposal;
(6) A written statement by the artist describing any theme or development of the art, as well as a
discussion of the manner in which the proposed art meets the criteria in Section 19.118.080;
(7) Such other information or material as may be required by the director of community
. development
(b) Upon receipt, the application shall be referred to the Fine Arts Commission staff liaison or his
or her designee for review and recommendation in accordance with the standards set forth in
Section 19.118.080. The application aleag ':Atfi tlie l'eeemmeBaatteB efstaffl?? shall be
forwarded to the arts commission for review and action. After receiving an application, and
following a pasHe hearing thereon, aetieeEl in aeeeralHlee witfi Cftapter 19.98, the arts
commission by the affirmative vote of a majority of its members voting thereon may either:
'-...- (1) Grant the permit as requested or as changed, modified or conditioned by the arts commission,
when the permit as requested changed, modified or conditioned is deemed to meet the criteria set
forth in Section 19.118.080; or
(2) Deny the permit as requested when the application-is not deemed to meet the criteria set forth
in Section 19.118.080.
(c) Failure of the arts commission to act on a permit application within sixty calendar days, or
'such extended period as may be mutually agreed upon by the applicant and the arts commission,
shall be deemed a denial of such application. Such an action may be appealed to the city council'
pursuant to the provisions of this section. The director of community development, or his or her
designee, shall send a notice of the action to the applicant, postage prepaid; provided, however,
that failure to send such notice shall neither affect the action by the arts commission nor extend
any period within which an appeal may be taken.
(d) Any arts commissioner or citycouncilmember may appeal such action to the city council by
filing a written appea1with the city council within fifteen calendar days after the date of such
action. The appeal shall be in writing stating the grounds therefor. All proceedings initiated by
the action of the arts commission shall be suspended pending a final determination by the city
council of the merit of the appeal.
NOT SURE THE FOLLOWING PARAGRAPH MATCHES CUPERTINO'S PROCEDURES,
SINCE WE ARE NOT (AT THISTIME) HOLDING NOTICEDPUBLIC HEARINGS. OUR
HEARlNGS ARE OPEN TO THE PUBLIC HOWEVER
'--'
Ordinance No. 07-
Page 6
-.../
(e) After receiving an appeal from the action of the arts commission on'8 requested permit and
following public hearing thereon noticed in accordance with Chapter 19.98, the city council by
the affirmative vote of a majority of its members voting thereon may:
(1) Grant the permit as requested or as changed, modified or conditioned by the city council, .
when the permit as requested, changed, modified or conditioned is deemed to meet the criteria set
forth in Section 19.118.080; or
(2) Deny the permit as requested when the application is not deemed to meet the criteria set forth
in Section 19.118.080.
(t) An application for a permit required pursuant to this section need not be filed prior to issuance
of a use permit, special development permit" design ~t or other required entitlements to
proceed with the development project. Application for a required permit under this section shall
be made prior to issuance ofa building permit, and the permit-obtained and the artwork installed
prior to issuance of approval or certificate of occupancy for the new construction unless the
posting of security in lieu thereofhas been approved and made. In phased projects, the director of
community development retains discretion as ,to which building permit triggers the need for the
artwork application. However, in any application made for a use permit, special development
permit, design permit or other entitlement required for.a development project subject to the
requirements Qfthis chapter, the applicant shall include in the application for such permits or
entitlements, a preliminary designation of the type and media of artwork proposed and a
designation of the general location in whi.ch the, artwork is to be located including a general
description of the size of the area available for the location of artwork and the type of
landscaping proposed to integrate the artwork with the project. The general location for such
artwork shall be indicated on site plans submitted in connection with the application for such
permits or entitlements. '
(g) The arts commission shall review the proposed location for the artwork in order to determine
whether the proposed location is in an appropriate location on the site and is of adequate size to
allow the siting of artwork thereon of a nature which will satisfy the criteria set forth in Section
19.118.080. In the case of a development project for which no use pemlit, special development
permit; design permit or other discretionary permit is required, the review shall be conducted by
the director of community development prior to issuance of a building permit.???
(h) If the arts commission determines that the proposed site is inadequate in size or location to
permit the siting of artwork thereon which would satisfy the criteria contained in Section
19.118.080, the use permit, special development permit, design permit or other entitlementshall
not be issued until a designated location for the proposed artwork is identified meeting the
required criteria.
(i) Any such determination shall be subject to appeal in the manner provided for the type of
permit or entitlement under consideration. With respect to its determination by the director of
community development in connection with the issuance of a building permit, any person
aggrieved by the action of the director of community, development in approving or disapproving
the proposed location of artwork on the lot may appeal such action to the city council within
~/
-/'
L
~
'--
Ordinance No. 07-
Page 7
fifteen calendar days of the date of any such action. Such appeal shall be in writing, stating the
grounds therefor. The city council shall give notice of such appeal and the date upon whichit
shall be heard, in writing to the applicant for such permit. Upon the hearing of such matter, the
city Council, upon a majority of a vote of its members voting thereon, may:
. ,
(1) Approve the proposed location for the required artwork as requested or as changed, modified
or conditioned when deemed necessary to meet the criteria set forth in Section 19.118.080; or
(2) Deny the proposed location when such is deemed not to permit the location of artwork
thereon in accordance with the criteria set forth in Section 19.118.080.
Ordinance No. 07-
Page 8
.---./
19.52.070. Permitted works of art.
(a) Types of works of art which may be used to satisfy the requirements of this chapter include,
but are not limited to, the following:
(1) Sculpture: in the round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any
material or combination of materials;
(2) Painting: all media, including portable and permanently affixed works, such as murals;
(3) Graphic arts:printmaking, drawing, calligraphy and photography, but only when on a large
public scale;
. (4) Mosaics;
(5) Crafts: in clay, fiber and textiles, wood, metal, plastics and other materials;
, (6) Mixed media: any combination of forms or media, including collage;
(7) Functional artwork created by a professional artist, such as benches, tree grates and trash
receptacles;
(8) Any other form of work of art determined by the arts commission or city council on appeal, to
satisfy the intent of this chapter.
(b) The following shall not be considered as eligible to satisfy the requirements of this chapter:
(1) Reproductions by mechanical or other means of original works of art. Permitted artwork may
include, however, limited editions controlled by the artists of original prints, cast sculpture,
photographs and other art forms;
(2) Directional or other functional elements such as supergraphics, signing, color coding, except
where these elements are integral parts of original signed artworks; SUCH AS A MERLION?
(3) Art objects which are mass produced from a standard design, such as playground equipment,
fountains, flags or banners;
(4) Landscaping and gardening, except where these elements are designed by the artists and are
an integral part of a fine artwork.
-./
19.52.080. Criteria for approval. Permit again - should we create this process",
A permit required pursuant to Section 19.118.060 shall be granted upon a showing by the
applicant that the proposed artwork meets the following criteria:
(a) The artwork is ofa nature specified in Section 19.118.070(a),
(b) 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 arts
commission to fulfill the intent of this chapter. .
(c) The art shall be easily visible from the public. street and be located in an area specifically
designated on the site plan for the project for the artwork. Appropriate locations may include, but
are not limited to, entryways to the property, greenbelts and building exteriors. The location must
be exterior and in permanent view to both motorists and pedestrians. Other locations may be
approved upon a finding that they are consistent with the intent of this chapter.
(d) Artwork located along the Stevens Creek corridor or the De Anza Boulevard corridor should
generally recognize the highway-oriented development natUre of the corridor. Art should be 'auto-
-./
~
\-
~
Ordinance No. 07-
Page 9
oriented in scale and oriented to the view corridors of the motorist. Art should generally be large
scale. Appropriate art in this corridor most likely will be sculpture: however, other forms of art
may be considered if cOnsistent with the intent of this chapter. Artwork in tile Stevens Creek
corridor or the De Anza Boulevard corridor gener~ly should have a visual impact at a distance of
not less than one hundred feet and from a moving automobile. OOH, I LIKE THIS ONE
(e) Artwork placed eft large let 8~lelepmeatB other than in the Stevens Creek corridor or the De
Anza Boulevard corridor generally should be located at the main entrance point of the
development. When located in proximity to major traffic thoroughfares, the art should be at a
motorist's scale and oriented toward the view corridor of the motorist. Art located at the main
entrance to a development should make a major statement and be visible from the front parking
lot, if any. If located generally in the vicinity of major intersections, art typically should be of a
large scale and be either a sculpture or a water element with sculpture involved, ~less an
alternative form of art is found to be consistent with the intent of this chapter.
(f) Installation of the art piece shall be planned and implemented to enhance the artwork and
allow for unobstructed public viewing from as many angles as possible.
(g) Th~ composition of the artwork shall be of permanent materials requiring a low level of
maintenance. Materials used shall be durable and weather resistant.
(h) The artwork shall be designed by artists with experience and knowledge of monumental scale
artworks. The artist's qualifications should be evaluated and ex~ples of past work may be
reviewed. The review, however, shall be primarily for the purpose of determining the artist's
experience with artworks of the nature contemplated.which are intended to be of monumental
proportion and oriented to public viewing. The determination of artistic preferences is to be
primarily a function of the owner or developer of the property, it being the intent of this chapter
to provide for the public display of private art on private property without substituting the artistic
preferences of the city for those of the owner or developer of the property.
(i) The nature and style of the artwork shall be considered in the context of other similar artwork
open to public view in the surrounding area in order to encourage a wide range of types of art,
styles and materials in order to create a balanced and interesting artistic and aesthetic appearance.
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.
G) The artwork shall be constructed in a size that is proportional to the scale of the development
and designed to create an artistic, visual and aesthetic impact upon observers. Particularly in
locations on major thoroughfares and major intersections, the artwork should be of such size and
nature as to strengthen the urban design and aesthetic quality of life in the community.
(k) The artwork shall be an integral part of the landscaping and/or architecture of the buildings.
(1) Because the artwork will necessarily be highly visible to the public, will be associated with
city requirements and because the traveling public will have no real opportunity to avoid the
visual aspects of the artwork, expressions of obvious bad taste or profanity shall not be approved.
It is the intent of this criterion to address proposed artwork which by its nature would generally
be considered offensive to the public. It is not the intent of this criterion to permit approval or
disapproval of the proposed art based solely on artistic preference, it being the intent of the city
Ordinance No. 07-
Page 10
"--'"
to afford the owner or developer of the property the broadest discretion "possible in selecting art
and artistic preferences rather than substituting the artistic preferences of the city.
(m) Water and electronic sculpture g8Bef8l1y 8BSl:llS BSt Be 8Be8lH'agessue ts the let'el sf
Elifti8\llty sf maiBteRanee. gueR amvsrk may be pennitted if adequate assuranCe of continued
maintenance is provided.
(n) Each piece shall be identified by an appropriate plaque or monument measuring not less than
eight inches by eight inches. The plaque shall be made of cast metal and shall be placed near the
art piece and shall ,list only the date, title and artist. The requirement of this section may be
waived if determined in a particular circumstance to be inconsistent with the intent of this
chapter.
(0) The artwork shall be a permanent, fixed asset to the'property. Assurance shall be provided
that when property is transferred the transferees shall be informed of the requirements of this
chapter and of the restrictions on removal of the artwork and of their responsibility to maintain
the artwork and surrounding landscaping and lighting. '
(P) The proposed artwork shall in all other respects be consistent with the purpose and intent of
this chapter.
19.118.090. Artwork master permit. HMMM, THIS IS NEW TO ME. YOUR
THOUGHTS? I'M THINKING APPLE CAMPUS...may not be an issue for us since
they only have to spend $100,000. If there was no spending cap this would be more
valuable.
(a) Any person owning or proposing to develop, either at one time or in phases, a lot or
contiguous lots having an aggregate lotarea of more than fifty acres may apply for an aqwork
master permit.
(b) Such application shall be filed in the same manner as an application filed pursuant to Section
19.118.060, except that such application need not identify with specificity each particular piece
of artwork contemplated by the master permit.
. (c) The application for a master permit shall be processed in the same manner as a permit
pursuant to Section 19.118.060; except, that any such master permit shall be issued by the city
council after a hearing thereon and after a recommendation thereon by the arts commission.
(d) Any master permit issued pursuant to this section may define the total obligation of the
property owner or developer to provide artwork in connection with the development of the entire
lot or lots, and may include specifications with regard to the quantity, type, orientation and
timing for installation of the proposed artwork. Any person obtaining such master permit and
complying with the terms thereof shall not otherwis~ be required to comply with the
requirements of Section 19.118.060 in connection with individual construction projects on the lot
or lots which are subject to the master permit except to the extent required by the master permit.
Approval of specifically identified pieces of artwork pursuant to the master permit shall be
accomplished in connection with the process established by Section 19.118.060, except that any
such permit review shall be consistent with the terms of and approvals issued by the master
permit.
-/
--./
Ordinance No. 07-_
Page 11
~
19.52.100. Public arts fund and in-lieu fee for artwork.
(a) The city council authorizes the establishment of a public arts fund for the deposit of all fees
paid pursuant to this chapter. This fund shall be used for acquisition, installation, improvements,
including site preparation, lighting and , landscaping, and the administration of the art in public
places program.
(b) In some instances the siting of artwork on a property may not be feasible. In such instances,
an in-lieu contribution may be made to the public arts fund. Developers may apply to the arts
commission direetor ef eeB'lfm1:Bityeevelepnumt for an in-lieu fee alternative on projects that
lack an appropriate location for public art, although such alternative is strongly discouraged.
"-
Such projects may include, but are not limited to, the following:
(I)-Properties that have an obstructed view corridor from the public right-of-way due to existing
landscaping, utility poles or existing buildings on adjacent property.
(2) Properties that do not have an artwork location near the main entrance or street, either due to
lack of space, existing trees and landscaping, required public easements, or existing utility pipes
and electrical boxes.
(3) Properties that lack a publicly visible location for art due to security restrictions.
(4) Properties that do not have adequate spaceto incorporate public art.
(e) In seme iast8ftees the 80st ef artwerk may Bet eflUate preeisely te oBe pereem of the
eeBstnietieB '/aluatieB. If the etWeleper eaesBet speae the emire eBe pereem eB pablie art, thea
Basee 9B the eriteria iB SeetieB I9.52.Q80 ane '.v4th the appreval of the arts eommissiaB, the
remaiBiBg .am.e1:!Bt may Be eaBtrieatee to the poolie arts mae. (OFEl. 2692 Q2 i 3).
*************
PUBLICATION CLAUSE:
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government code ~ 36933, shall certify to the adoption of this ordinance and
shall cause this ordinance and her certification, together with proof of publication, to be entered
in the Book of Ordinances of the Council of this City.
This ordinance shall take effect and be in force thirty (30) days after its passage.
L
Ordinance No. 07-
Page 12
---/.
INTRODUCED at a regular meetiIig of the City Council of the City of Cupertino the
_day of _, 2007 and ENACTED at a regular meeting of the City Council of the City
of Cupertino the _ day of _____, 2007, by the following vote: '
Vote:
Members Qf the Citv Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
APPROVED:
City Clerk
Mayor
~
~
Public Art
Eligible Costs Worksheet
(Eligible costs which qualify to be included
in the .25% expenditure)
~
. \
~l
-
'vS~ 19,)'
J'
CUPERTINO
ESTIMATED ACTUAL DATE
COST . COST VERIFIED
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
L $ $
$ $
$ $
$ $
. $ $
$ $
$ $
$ $
$ $
Identification la ue $ $
*Directly related to the installation of the artwork (ie: trenching for lighting conduit, piping
for water - if water was not previously included in the project, concrete footings, etc.)
**If not already included in the artwork price.
ITEM
PLEASE ATTACH DOCUMENTATION VERIFYING
ACTUAL COSTS.
~
, ,
J::>e:A: FT c.D?\ES
fc>R" ?L.1\f-..J~t~
----'
What Is Public Art?
Art in public places is hereby defined as: Any visual work or. art di8p~yed in
areas desigJ'AtP.d as pubfic areas, lobbies, and public as'eDibly areas on both
p11blicly-owned and privately-owned property. The artwork may include, but not
be limited to, murals, sculptures, monuments, lighting, frescoes, fountains,
paintings, stained gtass,.andceramics. The artwork shall be an original, creative
work or one 9f a limited series, and shall meet the city's public art 'guidelines.
The boundary between architecturalomamentation and art is not always clear.
For example, in decoratiQg a blank wall of a parkin,g~e with a series of metal
screens and painted wall panels, the architect's effort Diight be considered public
"art" if it were an original work:, went beyond typical or stock architectural
treatment, and met the city's,public art.guidelines.
Purchasing pre-fabricated stock items does not necessarily involve original or
creative efforts. However, if it has original or creative features it could be
considered public art. The artwork doesn't necessarily have to be one-of-a-kind, ,
or designed only for that location. It could be one of a limited series that has been
thoughtfully integrated with a project.
--..-/
-J
.
~,
\\ Ii'
~
~
",(.;'(,19S ""
J'
Public Art Information Form
CUPERTINO
Proiect Information:
Project Name:
Address & Location
, Description
Date of PC approval:
Building Permit Valuation:
Estimated occupancy date:
Or estimated construction budget?
Application No:
Date of CC approval
.25% for Art: $ . Artwork Budget: $
Planner Name:
Contact Information:
Developer:
Address:
Phone (office):
Fax:
Phone (cell):
Email:
L
Architect:
Address: .
Phone (office):
Fax:
Phone (cell):
Email:
Artist:
Address:
Phone (office):
Fax:
Phone (cell):
Email:
FAR:
Acreage:
Building usage:
Sq. footage:
# of stories:
Architectural Style:
Prospective tenant:
Detailed Description of Proiect (includino existino conditions)':
\-
Submitted by:
Date:
(
(
('
AD HOC COMMITTEE ROSTER
Cupertino Fine Arts Commission updated 06-05-07
Second Wednesday of each month at 7:30 a.m. in Conference
Room A of City Hall
Monthly meeting with
Mayor and a
representative from
each commission
Any available member
may attend; typically
the chair is invited
Mayor's Breakfast
Funding of $500 for first time in 2006. May be expanded to two
catoegories (visual and performing).D.A.s may be invited to
artici ate in Fall Festival.
At 5-06 meeting F AC began writing policy document. 3-07 F AC
decided that Sunnyvale model was simpler and are making
chan es to that version
In 06-07 $2000 in grant funds were reinstated and awarded to the
Euphrat Museum plus $500 to Distinguished Artist. For 06-07
2008 budget requested $5,200 - $1000 total for two
Distinguished Artists, $4000 for Euphrat and $250 for judge for
'uried Fall Festival Art Show
No grant funds specifically requested except those shown above
Distinguished Artist
of the Year 2007
Percent for Art
Ordinance
Grants Committee
(Fall 2007)
n/a
n/a
Grants Committee
S rin 200
Cupertino Fall
Festival (formerly
the Cupertino
Jubilee)
Sept 15 & 16
Coordinate with Fall Festival representatives to display works by
previous and current Distinguished Artists. See note under
Grants Committee; F AC requested $250 for juried Fall Festival
Art Show in 2007
This event is put on by .
Cupertino Rotary and
the Cupertino chai.nber
of Commerce.
Cupertino sponsors by
providing space
Robert Harrison
2007 Ch~ Jessi Kaur represented Diana Argabrite oversaw project, provided artwork from her
BlossoItl Festival the F AC at the children's classes and set up display at festival in 2005,2006 and
Children's Art festival in 2007 2007. History: 1st year was competition, 2nd year was models
Display of"4 Seasons comer." 3RD and 4th yrs were felt banners.
April 28 & 29 Interest waning, too time-consuming on part of F AC to finish!
install/teardown. 5th year was an art exhibit - after that creation,
installation, and teardown supervised by Diana Argabrite
\
(
(