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Arts & Culture Reso 23-02 ASA-2023-001 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 23-02 OF THE ARTS AND CULTURE COMMISSION OF THE CITY OF CUPERTINO APPROVING THE PROPOSED ART AT THE ALAN ROW DEVELOPMENT LOCATED AT 22690 STEVENS CREEK BLVD. SECTION I: PROTECT DESCRIPTION Application No.: Public Art (ASA-2023-001) Applicant: Ali Mozaffari (Alan Enterprise, LLC) Location: 22690 Stevens Creek Blvd. (APN: 342-14-104, -105, -066) 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 Alan Row 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 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: Resolution No. ASA-2023-001 January 23,2023 Page 2 1. The artwork is of a nature specified in Section 19.148.030. Section 19.148.030 (A) identifies sculpture 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 one primary sculpture located at the corner of the development. The location of the artwork is in an open area making it an integral component of the landscaping 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 motorist. 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 corner of the development. 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 stainless-steel materials requiring a low level of maintenance. The lights have an approximate 20-year durability.A maintenance program has been 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. The artwork meets the minimum requirements because the proposal adds to the wide range of styles and materials currently represented in Cupertino's catalog of public art. The artist is local to the San Francisco Bay Area but has not been previously commissioned for other works in Cupertino, therefore adds to the diversity of artists locally. Resolution No. ASA-2023-001 January 23,2023 Page 3 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 is identified by an 8"x8" stainless-steel plaque at the entry pathway to the art piece. 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. 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 proposal proposes public artwork at the corner landscape area of the development.Minimal modifications are proposed for the site landscaping. Therefore, the proposed artwork 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. 9. The proposal is consistent with the purposes of Chapter 19.168, 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 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 and is relative to the surrounding oak trees in the landscape area. 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 Resolution No. ASA-2023-001 January 23,2023 Page 4 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 will complement the intent of the design of the spiral art piece. Lighting for the artwork are low-voltage LEDs and lighting standards have been conditioned to prevent intrusive 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, permanent 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, traffic, 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, The application for an Architectural and Site Approval, Application no. ASA-2023-001 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 Resolution No. ASA-2023-001 January 23,2023 Page 5 Meeting record concerning Application no. ASA-2023-001 as set forth in the Minutes of the Arts and Culture Commission Meeting of January 23, 2023 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 Fine Arts application prepared by Jason Kelly Johnson and Nataly Gattegno of Futureforms titled"Bloom:Public Artwork for Alan Row' consisting of 22 pages, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS 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. 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. 4. PUBLIC VIEWING Applicant shall explore the potential for a viewing area adjacent to the public sidewalk in front of the art piece. 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 Building Official and the Fire Marshall, or their designee, to determine that the proposed plans comply with Building and Fire Codes in effect at the time of application for a building permit. 6. 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. Resolution No. ASA-2023-001 January 23,2023 Page 6 7. DEMOLITION REQUIREMENTS 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 least twice daily 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 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. Resolution No. ASA-2023-001 January 23,2023 Page 7 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 INSTALLATION 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. 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 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. Resolution No. ASA-2023-001 January 23,2023 Page 8 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 Outdoor 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 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. Resolution No. ASA-2023-001 January 23,2023 Page 9 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 PROTECT SUBMITTAL 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 INSTALLATION REPORT The project is subject to all 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 distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule.