Ordinance No. 09-2037 Public Artwork ORDINANCE NO.09-2037
AN ORDINANCE OF THE CITY OF CUPERTINO ADDING
CHAPTER 19.118.00 REQUIRING ARTWORK IN PUBLIC
AND PRIVATE DEVELOPMENTS
Whereas, in November 2005 the Land Use Element of the Cupertino General Plan was
amended to add Goal H, Policy 2-66, to create a civic environment where the arts express an
innovative spirit, celebrate a rich cultural diversity, and inspire individual and community
participation; and
Whereas, a "percent for art" program was established for construction over 50,000 square feet
for new buildings or expanded buildings.
NOW, THE CITY COUNCIL OF THE CI"CY OF CUPERTINO DOES HEREBY
ORDAIN that the following chapter shall be addeCl to the Cupertino Municipal Code:
19.118.00 Required Artwork in Public and Private Developments
19.118.010 Purpose and Intent
The purpose of this ordinance 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 opportunities for the arts through cooperative relations between local business and
the City
19.118.020 Applicability of Regulations
A. Any development of 50,000 sq. ft. or larger in~~olving construction of new buildings and/or the
expansion of existing buildings shall be subject to the requirements of this chapter.
B. Additional artwork not mentioned in this chapter by means of specific plan, use permit,
planned development or other discretionary revievr may be required when deemed appropriate by
the City Council.
19.118.030 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-round, bas-relief, mobile:, fountain, kinetic, electronic, or other, in any
material or combination of materials;
Ordinance No. 09-2037 Page 2
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.
19.118.040 Ineligible Artwork
The following shall not be considered eligible to s~~tisfy 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 such as supergraphics, signing, or color coding,
except where those elements are integral parts of original signed artworks;
C. Art objects which are mass-produced frorr~ a standard design, such as playground
equipment, fountains, flags or banners;
D. Landscaping and garden features, except where these elements are designed by the artist
and are an integral part of a fine artwork
19.118.050 Application for Public Artwork
A. An application for public artwork may be made by the property owner of record or his
agent.
B. Application shall be made to the Director of Community Development on a form provided
by the City.
C. Application for public art for a new development shall be made in conjunction with the
review of the use permit and/or architectural and site approval for the entire project, in order that
the design and location be taken into consideration at the time of architectural and site planning, as
outlined in chapter 19.124 of the Cupertino Municipal Code.
Ordinance No. 09-2037 Page 3
D. 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 of the Cupertino Municipal code, or as amended.
19.118.060 Design Criteria and Artist Qualific:~tions
It is the intent of this chapter to provide for pu>,~lic 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 19.118.050 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 in Section 19.118.030
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 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.
C. The artwork shall be easily visible from th~~ public street and be located in an area
specifically designated on the project site plan. Apppropriate 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. Artvvork 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 b~~ 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 ~~rea, and to avoid using artists whose work is
already displayed as public art within the City of Cupertino boundaries.
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.
Ordinance No. 09-2037 Page 4
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 oi.' 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 Council Resolution No. OS-040, or as later amended.
L. The artist's qualifications will be evaluated and examples of past work may be reviewed.
The review, however, shall be primarily for the pwpose of determining the artist's experience with
artwork of monumental proportion.
19.118.070 Minimum Artwork Value
The minimum expenditure for the artwork, including but not limited to design, fabrication, and
installation, is one-quarter of one percent (.25%), with an expenditure cap of $100,000.00, or such
minimum expenditure and/or expenditure cap that is set forth in the Cupertino General Plan.
19.118.080 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 chapter cannot be removed, except for required maintenance or repair,
unless 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.
19.118.090 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 contribution may be made tc~ the City. The developer 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 axt, although such <<lternative is strongly discouraged.
Ordinance No. 09-2037 Page 5
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 Section 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.
INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the 3`d of February, 2009 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 17th of February, 2009, by tree following vote:
PASSED:
Vote: Members of the City Council
Ayes: Mahoney, Wang, Sandoval, Santora, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
` A• /
~r'1
City Clerk M~r, City of upertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City ClE;rk and ex-officio Clerk of the City
Council of the City of Cupertino, Califi~rnia, do hereby certify the attached
to be a true and correct copy of Ordinance No. 08-2037, which was enacted
on February 17, 2009, and that it has been published or posted pursuant to
law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
18`" day of February 2009.
ul,
KIMBERLY S TH, City Clerk and Ens: officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate