FAC Resolution No. 18-02Application:
Applicant(s):
Location:
CITY OF CUPERTINO
10300 Torre A venue
Cupertino, California 95014
RESOLUTION 18-02
OF THE FINE ARTS COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING AMENDMENTS TO MUNICIPAL CODE
CHAPTERS 19.12 AND 19.148: REQUIRED ARTWORK
IN PUBLIC AND PRIVATE DEVELOPMENTS
MCA-2018 -01
City of Cupertino
City-wide
WHEREAS, the Fine Arts Commission heard this matter on June 18, 2018 during a regularly
noticed public meeting; and
WHEREAS, the application is statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (General Rule),
15273 (Rates, Tolls, Fares and Charges) and 15378(b)(5) (Organizational or Administrative
Activities); and
NOW, THEREFORE, the Fine Arts Commission of the City of Cupertino hereby recommends
approval of the proposed Ordinance in substantially the form as shown in Exhibit" A," attached
hereto with a recommendation to amend Municipal Code Chapters 19.12 and 19.148: Required
Artwork for Public and Private Developments.
PASSED AND ADOPTED this 181" day of June, 2018 at a noticed public meeting of the Fine Arts
Commission of the City of Cupertino, State of California, by the following vote:
AYES :
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chair Sanchez, Vice Chair Mahalingam, Chokshi, Matley, Wu
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
ATTES T; ~
Catarina Kidd
Senior Planner
.. 11'\, Michael Sanchez
Chair, Fine Arts Commission
EXHIBIT A OF RESOLUTION 18-02
CHAPTER 19.12 030: APPROVAL AUTHORITY
Table 19.12.030 -Approval Authority
Type of Admi nistrative Design Fine Arts Planning City P ublic Hearing/ Noticing/ Posted Site Ex p iration Chapter/
Permit or Review A,B R ev iew Commiss ion Commission Cou ncil Public Meeting/ Noti cin g Radius Notic e Date E Findin gs
Decision Committee Comment Period D
C
Public --.E -A1 PM None None None 2.80 and ---
art 19.148
Art In --R -E PM None None None 2.80 and ---
lieu fee 19 .148
CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE
DEVELOPMENTS
19.148.010 Purpose and in.tent.
19.148.020 Applicability of regulations.
19.148.030 Permitted artwork.
19.148.040 Ineligible artwork.
19.148.050 Application procedures for public artwork.
19.148.060 Design criteria an.d artist qualifications.
19.148.070 Minimum artwork value.
19.148.080 Maintenance requirements.
19.148 .090 In lieu fee for artwork is discouraged.
19.148.010 Purpose and Intent.
The purpose of this chapter is to provide a review framework for public art in both
public and private developments in the City of Cupertino, commensurate with the
following specific goals, as described in the Cupertino General Plan:
A. Enhance community character and identity;
B. Provide attractive public arts to residents and visitors alike;
C. Stimulate opporhmities for the arts through cooperative relations between local
business and the City.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.020 Applicability of Regulations.
A Any development of .fil.t:y--ten thousand sq. ft. or larger involving construction of
new buildings and/or the expansion of existing buildings shall be subject to the
requirements of this d,apter.
B. Additional artwork not mentioned in this chapter by means of specific plan,
permits or other discre tionary review may be required when deemed appropriate by
the City Council.
(Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009)
19.148.030 Permitted Artwork.
Types of art that may be used to satisfy the requirements of this chapter include, but
are not limited to, the following:
A Sculpture: in-the-ro1md, bas-relief, mobile, fountain, kinetic, electronic, or other, in
any material or combination of materials;
B. Painting: all media, including portable and permanently affixed works, such as
murals;
C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when
on a large public scale;
D. Mosaics;
E. Functional artwork created by a professional artist, such as benches, tree grates or
trash receptacles;
F. Any other form of work of art determined by the Fine Arts Commission to satisfy
the intent of this chapter.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.040 Ineligible Artwork.
The following shall not be considered eligible to satisfy the requirements of this
chapter:
A Reproductions of original works of art, whether by mechanical or other means.
However, permitted artwork may include limited editions, controlled by the artist, of
original prints, cast sculpture, photographs, or other art forms;
B. Directional or other functional elements sud1 as supergraphicsL signing, or color
coding, except where those elements are integral parts of original signed artworks;
C. Art objects whid1 are mass-produced from a standard design, such as playgro1md
equipment, fo1mtains, flags or barmers;
D. Landscaping and garden feahu-es, except where these elements are designed by
the artist and are an integral part of a fine artwork.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.050 Application Procedures for Public Artwork.
A. An application for public artwork shall include all requirements of Chapter 19.12.
B. Application for public art for a new development shall.be made in conjtmction
with the review of the permits for the entire project, in order that the design and
location be taken into consideration at the time of architechiral and site planning, as
outlined in Chapter 19.168.
C. The Fine Arts Commission shall review for approval the public art application
and artwork. The decision of the Fine Arts Commission may be appealed in accordance
with Section§ 1.16.020 and 19.12 of the Cupertino Municipal €C ode, or as amended.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.060 Design Criteria and Artist Qualifications.
It is the intent of this chapter to provide for public art on private property without
imposing the artistic preferences of the City on the owner or the developer of the
property. Artistic preferences are to be primarily those of the owner or developer of the
property, but the artwork and its location is subject to approval of the Fine Arts
Commission.
A permit required pursuant to Section 19.148.050 shall be granted upon a showing by
the applicant that the proposed artwork meets the following criteria:
A. The artwork is of a nature specified iI1 Section 19.148.030 .
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
fotmd 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.
C. 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 buildir1g 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.
D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors
shall be large in scale and oriented to the view corridors of the motorist. Appropriate
artwork in these corridors will most likely be sculptural: however, other forms of art may
be considered if consistent with the intent of this chapter. Artwork should have a visual
impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away.
E. 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.
F. The nature and style of the artwork shall be considered in the context of other
artwork in the surr01mding 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 bo1mdaries.
G. Because the artwork will necessarily be highly visible to the public and be associated
with City requirements, expressions of obvious bad taste or profanity shall not be
approved.
H. Water and/or electronic sculpture may be permitted if adequate assurance of
continued maintenance is provided.
I. 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.
J. 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.
K. 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 Com,cil Resolution No. 05-040, or as later amended.
L. The artist's qual ifications will be evaluated and examples of past work may be
reviewed. The review, however, shall be primarily for the purpose of determining the
artist's experience with artwork of monumental proportion.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.070 Minimum Artwork Value.
The minimum expenditure for the artwork, including but not limited to design,
fabrication, and in.stallation, is one quarter of one percent of the building permit
construction valuation, with the following tiers:, vvith an C)(pendihue cap of one hundred
thousand dollars, or such minimum e)Ependiture and/or C)(penditure cap that is set forth
in tr.e Cupertino General Plan.
a) 1 % of the first $100 million of building permit construction valuation
b) . 9% of building permit construction valuation for valuation in excess of $100 million.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.080 Maintenance Requirements.
The property owner shall maintain the artwork in good condition continuously after its
installation, as determined appropriate by the City. Maintenance shall include all related
landscaping, lighting, and upkeep, including the identification plaque. Artwork required
or approved pursuant to this d1apter cannot be removed, except for required
maintenance or repair, tmless approved by the City; at which time the City may require
replacement or relocation of the artwork. In the event that the artwork is located in the
public right-of-way, a maintenance agreement with the City shall be required.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.090 In Lieu Fee for Artwork is Discouraged.
In some instances the placement of artwork on a particular property may not be feasible.
In such cases, an in lieu contributionmay be made to tl:e City. The develop er or property
owner may apply to the Fine Arts Commission for an in-lieu fee alternative on projects
that lack an appropriate location for public art, although sud1 alternative is strongly
discouraged. In such cases, an in-li eu contribution of 1 .25% of the building permit
construction valuation may be made to the City, pursuant to the approval authority
provisions of Cupertino Municipal Code Chapter 19.12 .030.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)