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Home My WebLink AboutACC 03-23-2026 Searchable PacketCITY OF CUPERTINO ARTS AND CULTURE COMMISSION AGENDA 10185 North Stelling Road, Quinlan Conference Room and via Teleconference; and Teleconference Location Pursuant to Gov. Code section 54953(b)(2) 1068 Sector 36C Chandigarh, India. Monday, March 23, 2026 6:30 PM Page 1 1 ACC 03-23-2026 1 of 41 Arts and Culture Commission Agenda March 23, 2026 E. Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices to any City equipment. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so by: a. E-mailing the document to artsandculture@cupertino.gov by 3:00 p.m. and staff will advance the slides/share the documents during your oral comment. 2) Written communications as follows: A. E-mail comments to artsandculture@cupertino.gov. B. Regular mail or hand delivered addressed to the: Cupertino Arts and Culture Commission, City Hall, 10300 Torre Avenue, Cupertino, CA 95014 C. Comments addressed to the Arts and Culture Commission received by 4:00 p.m. on the day of the meeting will be included in written communications published and distributed before the beginning of the meeting. D. Comments addressed to the Arts and Culture Commission received after the 4:00 p.m. deadline, but through the end of the Commission meeting, will be posted to the City’s website by the end of the following business day. 3) Teleconference in one of the following ways: A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting: https://cityofcupertino.zoom.us/webinar/register/WN_YTnMyNwoQG2PhNPL_vzBiA a. Registrants will receive a confirmation email containing information about joining the webinar. b. Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak. c. Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows: a. Dial 669-900-6833 and enter WEBINAR ID: 886 8463 6084 b. To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c. Speakers will be recognized to speak by the last four digits of their phone number. C. Via an H.323/SIP room system: H.323 Information: Page 2 2 ACC 03-23-2026 2 of 41 Arts and Culture Commission Agenda March 23, 2026 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 886 8463 6084 SIP: 88684636084@zoomcrc.com D. Online via the teleconferencing device (Audio and Video) being used to provide access to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda. a) Speakers are required to notify the City Clerk via email to cityclerk@cupertino.gov prior to noon on the date of the meeting during which they plan to participate and comment from the remote location noticed to ensure the City Clerk is prepared to accept their comment. b) If the teleconferencing device malfunctions impeding access to the meeting from the remote location, the speaker may alternatively participate via the other options for remote participation provided above. ROLL CALL APPROVAL OF MINUTES 1.Subject: Approval of the January 26, 2026 Arts and Culture Commission Minutes. Approve the January 26, 2026 Arts and Culture Commission Minutes A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. OLD BUSINESS - None NEW BUSINESS 2.Subject: Architectural and Site Approval (ASA-2026-005) to consider a public art installation for Bianchi Way Townhomes. Applicant(s): Mr. Leon Hu, property owner; Location: 10070, 10072, 10074, 10076 & 10078 Bianchi Way; APN(s): 359-07-021. Recommended Action: Staff recommends that the Arts and Culture Commission approve the public art application for Bianchi Way Townhomes, subject to conditions of the draft resolution. Page 3 3 ACC 03-23-2026 3 of 41 Arts and Culture Commission Agenda March 23, 2026 Staff Report A- Draft Reso. ASA-2026-005 B - Fine Arts Application C - Site Plan 3.Subject: Status update and presentation from the Arts and Culture Commission Sub-committee charged to inventory assets, within the City of Cupertino, representing both physical, organizational, and programs related to arts and culture. Recommended Action: Receive presentation and provide guidance to sub-committee on next steps. 4.Subject: Arts and Culture Commission to discuss special meeting and tour of the Euphrat Museum of Art at De Anza College. Recommended Action: Commission to discuss coordination of event, including date and time. STAFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 4 4 ACC 03-23-2026 4 of 41 CITY OF CUPERTINO Agenda Item ..Title Subject:Approval of the January 26, 2026 Arts and Culture Commission Minutes. Approve the January 26, 2026 Arts and Culture Commission Minutes CITY OF CUPERTINO Printed on 3/18/2026Page 1 of 1 5 ACC 03-23-2026 5 of 41 DRAFT MINUTES CUPERTINO ARTS AND CULTURE COMMISSION Monday, January 26, 2026 At 6:31 p.m. Chair Kiran Rohra called the Regular Arts and Culture Commission meeting to order at the Quinlan Conference Room, 10185 North Stelling Road and via Teleconference. ROLL CALL Present: Chair Kiran Rohra, Vice Chair David Wang, and Commissioners Gurmeet S. Lamba and Archana Panda (arrived at 6:34 p.m.). Absent: Commissioner Susan Chen. APPROVAL OF MINUTES 1. Subject: Approval of the November 17, 2025 Arts and Culture Commission Minutes Recommended Action: Approve the November 17, 2025 Arts and Culture Commission Minutes. Chair Rohra opened public comment and, seeing no one, closed the public comment period. Commissioner Wang made a correction to the minutes. MOTION: Wang moved and Lamba seconded to approve the amended November 17, 2025 Arts and Culture Commission Minutes. The motion carried with the following vote: Ayes: Rohra, Wang, Lamba. Noes: None. Abstain: None. Absent: Chen, Panda. POSTPONEMENTS – None ORAL COMMUNICATIONS – None OLD BUSINESS – None NEW BUSINESS 2. Subject: Election of Chair and Vice Chair Recommended Action: Elect a Chair and Vice Chair of the Arts and Culture Commission MOTION: Lamba moved and Rohra seconded to elect Vice Chair Wang as Chair. The motion carried with the following vote: Ayes: Rohra, Wang, Panda, Lamba. Noes: None. Abstain: None. Absent: Chen. 6 ACC 03-23-2026 6 of 41 Arts and Culture Commission January 26, 2026 MOTION: Rohra moved and Panda seconded to elect Commissioner Lamba as Vice Chair. The motion carried with the following vote: Ayes: Rohra, Wang, Panda, Lamba. Noes: None. Abstain: None. Absent: Chen. MOTION: Lamba moved to thank Commissioner Rohra for her role as Chair. The Commission did not vote on this motion. STAFF AND COMMISSION REPORTS Senior Planner Gian Martire discussed upcoming Commission scheduling, with the Commission identifying May 18 and November 16 as potential future meeting dates. He noted that several development projects that propose on-site art installations are expected to come before the Commission soon. He also mentioned that an upcoming subcommittee report will be added to a future agenda. Additionally, he stated that the Planning Division is fully staffed and available to support the Commission, and that IT staff are available to assist with the Art Tour and updating the application. Commissioner Rohra reported that Mayor and Commission Chair meetings occur every two months to share updates and community events, noting recent examples such as a Cybersecurity Public Awareness Seminar and the selection of a new Cupertino Poet Laureate. She also reviewed the Art in Lieu policy and mentioned that feedback from the Planning Commission and City Council has focused on whether the funds should support direct public art or programs and scholarships, with staff expected to follow up with proposals. Chair Wang reported on the Art Inventory Subcommittee efforts. Vice Chair Lamba reported on the Art Inventory Subcommittee efforts, the Cupertino Library Foundation’s Arts and Culture Program, and the potential to collaborate with them to have students apply for the Artist Awards. He also discussed the Euphrat Museum of Art, and potentially scheduling a field trip there. FUTURE AGENDA SETTING Commissioners added the following future agenda items. • A field trip to visit the Euphrat Museum of Art at the De Anza College campus as part of their goal to start becoming more aware of art assets in Cupertino. (Lamba, Panda) • Discuss a future summer event for the Arts and Culture Commission. (Panda, Rohra) • Discuss exploring options to make winning artwork from the Artist Awards available online, including a description of the artist or the piece. (Rohra) ADJOURNMENT 7 ACC 03-23-2026 7 of 41 Arts and Culture Commission January 26, 2026 At 7:21 p.m. Commissioner Rohra adjourned the Regular Arts and Culture Commission Meeting. Minutes prepared by: Lindsay Nelson, Administrative Assistant 8 ACC 03-23-2026 8 of 41 CITY OF CUPERTINO Agenda Item ..Title Subject: Architectural and Site Approval (ASA-2026-005) to consider a public art installation for Bianchi Way Townhomes. Applicant(s): Mr. Leon Hu, property owner; Location: 10070, 10072, 10074, 10076 & 10078 Bianchi Way; APN(s): 359-07-021. Staff recommends that the Arts and Culture Commission approve the public art application for Bianchi Way Townhomes, subject to conditions of the draft resolution. CITY OF CUPERTINO Printed on 3/18/2026Page 1 of 1 9 ACC 03-23-2026 9 of 41 ARTS AND CULTURE COMMISSION STAFF REPORT Meeting Date: March 23, 2026 Subject Architectural and Site Approval (ASA-2026-005) to consider a public art installation for Bianchi Way Townhomes. Applicant(s): Mr. Leon Hu, property owner; Location: 10070, 10072, 10074, 10076 & 10078 Bianchi Way; APN(s): 359-07-021. Recommended Action Staff recommends that the Arts and Culture Commission approve the public art application for Bianchi Way Townhomes, subject to conditions of the draft resolution: Discussion Background On January 17, 2024, City Council approved a development proposal to demolish an existing four-plex residential building and construct a new 7-unit townhome development (via planning applications DP-2023-001, ASA-2023-002, TM-2023-001 & TR-2023-008. The artwork is required as a condition of approval under DP-2023-001 (CC Resolution No. 24-011), Condition #17, Public Art Requirement: Public art shall be provided for the project in accordance with General Plan Policy 2- 66 and the City' s Public Art Ordinance (Chapter 19. 148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is one (1) percent of the construction valuation for the first $ 100 million on construction valuation, or 0. 9% of construction valuation for valuation in excess of $ 100 million. The project pro forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy. In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the 10 ACC 03-23-2026 10 of 41 developer or property owner may apply to the Fine Arts Commission for an in -lieu payment alternative as indicated in Chapter 19. 148 of the Cupertino Municipal Code. The in-lieu payment shall be 1. 25% of the construction valuation. The property owner Leon Hu has submitted an Architectural and Site Approval application per the requirements outlined in CMC 19.168 Architectural and Site Approval Review, as required per CMC 19.148.050 application procures for Public Artwork to the city. Figure 1 Proposed Public Art location. The townhome development is located south of Stevens Creek Boulevard, with the closest major intersection at S. Stelling Road. The site is bounded by Cupertino Acupuncture and Chinese Medicine to the north, a 24-unit multi-family (rental) housing development to the South, Union Church of Cupertino to the east and a mix of commercial and residential uses, including an 8-unit townhome development, duplex and small-lot single-family residences to the west. Artwork Location The artwork location is proposed along the frontage of the townhome development at the north-west corner of the site (Figure 1), and is highly visible to motorists, residents, and pedestrians. No trees are proposed to be removed to facilitate the art 11 ACC 03-23-2026 11 of 41 installation. The art piece is contained within a 4-foot by 4-foot area and is a sculpture piece. Please refer to Attachment 3 site plan. Design The proposed art piece is briefly described below. • Arabesque Libre: Created by Amelia Tang; the structure is a 5’-6” stainless steel sculpture, placed on top of a 1’-6” concrete pedestal; and located within the landscaping of the building’s front yard setback. The art piece will be illuminated by low-voltage LED up lighting. Up lighting is allowed for public art pieces per the standards in CMC 19.102.040 Outdoor Lighting Requirements, and as approved by the Arts and Culture Commission. Please refer to Attachment 2 for a full description of the art piece including pro-forma, design, and artist biography. Environmental Review This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 – New Construction or Conversion of Small Structures and/or Section 15304 (Minor Alterations to Land). Other Department/Agency Review The City’s Building Division, Environmental Programs Division, Public Works Department and the Santa Clara County Fire Department have no objections to the public art locations. Conclusion Staff recommends approval of the project because the project and conditions of approval addressed concerns related to the proposed art piece and all of the findings for approval of the proposed project, consistent with Chapters 19.148 and 19.168 of the Cupertino Municipal Code, could be made. Next Steps The permit will become effective 14 calendar days from the date of the hearing. The decision of the Arts and Culture Commission is final, unless appealed within 14 calendar days from the date of the hearing. The applicant team may apply for building and/or other permits with the City at the end of the appeal period (April 6, 2026 at 5:00pm). 12 ACC 03-23-2026 12 of 41 This approval is valid until March 23, 2027. The applicant team may apply for a one- time two-year extension before the approval expires. Prepared by: Danielle Condit, Associate Planner ATTACHMENTS 1. Draft Resolution ASA-2026-005 2. Fine Arts Application 3. Site Plan 13 ACC 03-23-2026 13 of 41 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION OF THE ARTS AND CULTURE COMMISSION OF THE CITY OF CUPERTINO APPROVING THE PROPOSED PUBLIC ART INSTALLATION FOR THE BIANCHI TOWNHOME DEVELOPMENT AT 10070, 10072, 10074, 10076 & 10078 BIANCHI WAY SECTION I: PROJECT DESCRIPTION Application No.: Public Art (ASA-2026-005) Applicant: Leon Hu (Property Owner) Location: 10070, 10072, 10074, 10076 & 10078 Bianchi Way (APN: 359-07-021) 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 Bianchi Townhome 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 14 ACC 03-23-2026 14 of 41 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 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 significant piece of artwork located at the front of the development. The location of the artwork is in an open area of the site, 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 is located along the street frontage of Bianchi Way. 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 statue is constructed of stainless-steel material, on top of a concrete pedestal, both materials require a low level of maintenance. 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. 15 ACC 03-23-2026 15 of 41 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. 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. 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 proposed public art is located around landscaped areas and internal pedestrian paths and public sidewalk that will need to meet ADA requirements of the development. No 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 designated for the public art piece as recorded on the project’s tentative map. Additionally, the design maintains a human scale at 7-foot height. 16 ACC 03-23-2026 16 of 41 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. The new landscaping will complement the intent of the design of the fluid, organic form of the art piece. Lighting for the artwork will be required to demonstrate compliance with the city’s dark sky standards in CMC 19.102. Additionally, 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; 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, 17 ACC 03-23-2026 17 of 41 The application for an Architectural and Site Approval, Application no. ASA-2026-005 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-2026-005 as set forth in the Minutes of the Arts and Culture Commission Meeting of March 23, 2026 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 applications prepared by Leon Hu, titled “Leon Townhouse” consisting of (12) sheets, including a public art application form, indemnification form, art piece cost breakdown sheet, construction cost breakdown sheets, sketched art piece design, artist biography & previous work examples and site plan titled “Leon Townhouse”, 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 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. 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. 5. 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. 18 ACC 03-23-2026 18 of 41 6. 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. 7. 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. 19 ACC 03-23-2026 19 of 41 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. 8. 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. 20 ACC 03-23-2026 20 of 41 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. 21 ACC 03-23-2026 21 of 41 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 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. 22 ACC 03-23-2026 22 of 41 The landscape installation report shall include the following statement: “The 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. Preconstruction surveys shall be conducted no more than 14 days prior to the start of tree removal, pruning or construction. Preconstruction surveys shall be 23 ACC 03-23-2026 23 of 41 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 exclusion 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, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion 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 effect until 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. 24 ACC 03-23-2026 24 of 41 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:  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.  No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.  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 be consulted before any trenching or root cutting beneath the dripline of the tree.  Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.  Tree protection conditions shall be posted on the tree protection barriers.  Retained trees shall be watered to maintain them in good health.  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 “indemnified 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 25 ACC 03-23-2026 25 of 41 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 23rd day of March 2026 at the Public Meeting of the Arts and Culture Commission of the City of Cupertino, State of California, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Gian Paolo Martire, Senior Planner David Wang Arts & Culture Commission Liaison Chair 26 ACC 03-23-2026 26 of 41 27 ACC 03-23-2026 27 of 41 28 ACC 03-23-2026 28 of 41 29 ACC 03-23-2026 29 of 41 Pentiger Construction Quote 4197 Ogden Dr, Fremont CA 94538 Ph:510-299-6084 Fx:510-500-0584 DATE:2/28/2026 Bill to:Quote # 10046 Bianchi Way Cupertino CA 95014 Location AMOUNT($) Artwork Artwork Artwork $65,500.00 Shipping Proposed Artwork Total DESCRIPTION Artist concept, drawings, revisions Materials (stainless steel) + production Site prep, lighting, labor, equipment 30 ACC 03-23-2026 30 of 41 31 ACC 03-23-2026 31 of 41 32 ACC 03-23-2026 32 of 41 33 ACC 03-23-2026 33 of 41 34 ACC 03-23-2026 34 of 41 35 ACC 03-23-2026 35 of 41 36 ACC 03-23-2026 36 of 41 Artist Bio: Amelia Tang Amelia Tang is a visual communications designer and artist based in California. Growing up in Fremont, her early involvement arts in gerneral shaped her awareness of movement, space, and how people interact with their surroundings. She studied Visual Communications Design at Cal Poly Pomona and draws from a foundation in traditional ﬁne art, speciﬁcally graphite and observational drawing. This training continues to inform her digital and spatial work, reinforcing a disciplined approach to composition, form, and material exploration. By integrating traditional methodologies with contemporary design principles, her practice emphasizes thoughtful structure, attention to detail, and a grounded sense of presence. Amelia’s work spans branding, illustration, photography, and more currently, interior design. She is deeply engaged with the ways light, form, and space inﬂuence human experience, and how ideas can be expressed through environments people can move through and connect with. Everyday life and the spaces around her serve as constant sources of inspiration, informing her exploration of how subtle details, motion, and light shape perception. Through her projects, she aims to create visuals and spaces that feel alive and meaningful. Her work continues to evolve as she ﬁnds new ways to bridge artistic expression and design—always with the goal of creating pieces that resonate with people and their surroundings. About the Work - Arabesque Libre Arabesque Libre is an abstract exploration of movement and form, where shapes and lines create gesture, ﬂow, and the quiet tension of motion suspended in space. The sculpture draws inspiration from years of memories and insights into how movement inﬂuences the way people experience the world. Rooted in personal experiences with travel and dance, the work aims to reconvey a sense of movement and grace absorbed from these places and moments. Like dance itself, the piece seeks to convey the elegance of form while exploring the ﬂuidity of motion. Through its dynamic composition, Arabesque Libre invites viewers to reﬂect on the silent energy underlying movement, capturing the harmony between structure and ﬂow in a tangible form. 37 ACC 03-23-2026 37 of 41 Previous Works Rose Stop , 2025, Proposed Public Sculpture Steel, Concrete, Laminated Glass, Polycarbonate Designed for Cal Poly Pomona, Pomona, CA Sharps , 2025, Proposed Sculpture Painted Aluminum, Stainless Steel, Concrete Designed for Private Property, Fremont, CA 38 ACC 03-23-2026 38 of 41 5 3 2 1 H G F EDCBA 7 J 8 6 4 A1 . 1 Th e s e d o c u m e n t s a r e p r o p e r t y o f T E C T O N I C BU I L D E R S , I N C . , a n d a r e n o t t o b e r e p r o d u c e d , ch a n g e d o r c o p i e d w i t h o u t t h e e x p r e s s e d w r i t t e n co n s e n t o f T E C T O N I C B U I L D E R S I N C . 10 1 1 8 B a n d l e y D r . # E , Cu p e r t i n o , C A 9 5 0 1 4 LE O N T O W N H O U S E 1 0 0 7 0 - 1 0 0 8 2 B I A N C H I W A Y . , CU P E R T I N O , C A 9 5 0 1 4 1S T R E V I E W C Y C L E _ 1 0 . 2 3 . 2 0 2 4 BL D G . D E P T . B 2N D R E V I E W C Y C L E _ 0 1 . 2 0 . 2 0 2 5 BL D G . D E P T . B SI T E P L A N AD J A C E N T CO M M E R C I A L PR O P E R T Y AD J A C E N T CH U R C H PA R K I N G AD J A C E N T PA R K I N G B I A N C H I W A Y B- 1 B- 2 B- 3 A- 2 A- 1 A- 3 A- 4 MA I L PA R K I N G SI T E P L A N 1 0 4' - 0 " 8' - 0 " SC A L E : 1 / 8 " = 1 ' - 0 " N E W S 16 ' - 0 " BU I L D I N G B BU I L D I N G A 10 0 7 6 B I A N C H I 10 0 7 4 B I A N C H I 10 0 7 2 B I A N C H I 10 0 7 0 B I A N C H I 10 0 7 8 B I A N C H I 10 0 8 0 B I A N C H I 10 0 8 2 B I A N C H I 20 9 4 0 S T E V E N S C R E E K B L V D . 39 ACC 03-23-2026 39 of 41 CITY OF CUPERTINO Agenda Item ..Title Subject: Status update and presentation from the Arts and Culture Commission Sub-committee charged to inventory assets, within the City of Cupertino, representing both physical, organizational, and programs related to arts and culture. Receive presentation and provide guidance to sub-committee on next steps. CITY OF CUPERTINO Printed on 3/18/2026Page 1 of 1 40 ACC 03-23-2026 40 of 41 CITY OF CUPERTINO Agenda Item Subject: Arts and Culture Commission to discuss special meeting and tour of the Euphrat Museum of Art at De Anza College. Commission to discuss coordination of event, including date and time. CITY OF CUPERTINO Printed on 3/18/2026Page 1 of 1 41 ACC 03-23-2026 41 of 41