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HomeMy WebLinkAboutACC 05-18-2026 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) Building 5 #105, YangchunGuanghua Garden, Haidian District, Beijing, China Monday, May 18, 2026 6:30 PM IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION OPTIONS TO OBSERVE: Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Quinlan Community Center, Conference Room, 10185 N. Stelling Road. 2) Watch a live stream online at https://youtube.com/@cupertinocitycommission. 3) Attend in person at 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. OPTIONS TO PARTICIPATE AND COMMENT: Members of the public wishing to address the Arts and Culture Commission may do so in the following ways: 1) Appear in person at Quinlan Community Center, Conference Room, 10185 N. Stelling Road. a. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item. b. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon. c. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Chair. d. Speakers are limited to three (3) minutes each. However, the Chair may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group of 2 to 5 or more people who are present may have up to 2 minutes per group member, up to 10 minutes maximum. Page 1 1 ACC 05-18-2026 1 of 79 Arts and Culture Commission Agenda May 18, 2026 e. Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so by: i. E-mail 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_ZTt1lP5GQB-U6IuAwFo0gw i. Registrants will receive a confirmation email containing information about joining the webinar. ii. Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak. iii. 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: i. Dial 669-900-6833 and enter WEBINAR ID: 870 9676 9152 ii. To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 iii. Speakers will be recognized to speak by the last four digits of their phone number. c. Via an H.323/SIP room system: Page 2 2 ACC 05-18-2026 2 of 79 Arts and Culture Commission Agenda May 18, 2026 Join from an H.323/SIP room system: H.323: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 870 9676 9152 SIP: 87096769152@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. i. 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. ii. 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 March 23, 2026 Arts and Culture Commission Minutes. Approve the March 23, 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 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 05-18-2026 3 of 79 Arts and Culture Commission Agenda May 18, 2026 Staff Report A - Draft Resolution ASA-2026-005 B - Revised Fine Arts Application C - Site Plan NEW BUSINESS 3.Subject: Architectural and Site Approval (ASA-2026-007) to consider a public art installation for Valencia Townhomes. Applicant: SummerHill Homes, LLC; Location: 20830 Stevens Creek Boulevard; APN(s): 359-08-031. Recommended Action: Staff recommends that the Arts and Culture Commission approve the public art application for SummerHill’s Valencia Townhomes, subject to conditions of the draft resolution (Attachment A). Staff Report A - Draft Resolution ASA-2026-007 B - Art Plaza Plan C - Fine Arts Application 4.Subject: Presentation by Tianshi Wang of CalColor Academy on a proposal for a student-led utility box beautification pilot project. Recommended Action: Receive the Presentation 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 Page 4 4 ACC 05-18-2026 4 of 79 Arts and Culture Commission Agenda May 18, 2026 wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 5 5 ACC 05-18-2026 5 of 79 CITY OF CUPERTINO Agenda Item Subject: Approval of the March 23, 2026 Arts and Culture Commission Minutes. Approve the March 23, 2026 Arts and Culture Commission Minutes. CITY OF CUPERTINO Printed on 5/13/2026Page 1 of 1 6 ACC 05-18-2026 6 of 79 DRAFT MINUTES CUPERTINO ARTS AND CULTURE COMMISSION Monday, March 23, 2026 At 6:30 p.m. Chair David Wang called the Regular Arts and Culture Commission meeting to order at the Quinlan Conference Room, 10185 North Stelling Road and via Teleconference and Teleconference Location: 54953(b)(2): 1068 Sector 36C Chandigarh, India. ROLL CALL Present: Chair David Wang, Vice Chair Gurmeet S. Lamba (participated virtually) and Commissioners Susan Chen, Kiran Rohra, and Archana Panda (arrived at 6:42 p.m.). Absent: None. APPROVAL OF MINUTES 1. Subject: Approval of the January 26, 2026 Arts and Culture Commission Minutes. Recommended Action: Approve the January 26, 2026 Arts and Culture Commission Minutes MOTION: Rohra moved and Lamba seconded to approve the January 26, 2026, Arts and Culture Commission Minutes. The motion carried with the following vote: Ayes: Wang, Lamba, Chen, Rohra. Noes: None. Abstain: None. Absent: Panda. POSTPONEMENTS – None ORAL COMMUNICATIONS – None 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. Written communications for this item included staff presentation. Senior Planner Gian Martire introduced Associate Planner Danielle Condit, who gave a presentation. 7 ACC 05-18-2026 7 of 79 Arts and Culture Commission March 23, 2026 Commissioners asked questions which staff responded to. The applicants Leon Hu and Amelia Tang gave a presentation. Commissioners asked questions which the applicant and staff responded to. Chair Wang opened the public comment period and, seeing no one, closed the public comment period. MOTION: Wang moved and Panda seconded to bring this item back to the May Arts and Culture Commission Meeting with the following conditions of approval: Address potential safety concerns with the sharp tips near the limb, by changing the tilt, or rounding the edges, and reducing the accessibility of the pedestal, and to bring to the Commission more evidence on the fabrication and construction made by the selected builder and more examples of sculptures made by the selected builder. The motion carried with the following vote: Ayes: Wang, Lamba, Panda, Rohra. Noes: Chen. Abstain: None. Absent: None. 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. Written communications for this item included Chair Wang’s presentation. Chair Wang and Vice Chair Lamba gave a presentation. Commissioners asked questions and made comments. Chair Wang opened the public comment period and, seeing no one, closed the public comment period. MOTION: Rohra moved and Lamba seconded to use the inventory of the art assets as presented to see if it can be included with staff support to publish public art catalog to the City website and update ARTour with the latest public art. The motion carried with the following vote: Ayes: Wang, Lamba, Chen, Panda, Rohra. Noes: None. Abstain: None. Absent: None. MOTION: Wang moved to use the inventory of the art assets as presented to see if it can be included with staff support to publish public art catalog to the City website and update ARTour with the latest public art and connect with local art studios, galleries, and organizations, identify any opportunities for the commission to help them (publicly, connecting with city resources, or collaboration). This motion was not voted on. 8 ACC 05-18-2026 8 of 79 Arts and Culture Commission March 23, 2026 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. Commissioners asked questions and made comments. Chair Wang opened the public comment period and, seeing no one, closed the public comment period. STAFF AND COMMISSION REPORTS Senior Planner Gian Martire reported potential development art project proposed for May related to the SummerHill project at the current Pizza Hut site on Stevens Creek Boulevard, noting that the project is in early stage and the applicant has not yet received building permits and is beginning the process. Commissioner Rohra reported on the Mayor and Commission Chairs meeting. FUTURE AGENDA SETTING Commissioners added the following future agenda items. • (Panda, Wang) Treasure hunt in the future celebrations of Cupertino, like the Multicultural event at the Cupertino Library. • (Rohra, Wang) Brainstorming ways to engage more with the community. ADJOURNMENT At 8:55 p.m. Chair Wang adjourned the Regular Arts and Culture Commission Meeting. Minutes prepared by: Lindsay Nelson, Administrative Assistant 9 ACC 05-18-2026 9 of 79 CITY OF CUPERTINO Agenda Item 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 5/13/2026Page 1 of 1 10 ACC 05-18-2026 10 of 79 ARTS AND CULTURE COMMISSION STAFF REPORT Meeting Date: May 18, 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 At the March 23, 2026, Arts and Culture Commission meeting, the commission asked the applicant team to return at a later date to address potential safety concerns of the art piece that include, • To address potential safety concerns with the sharp tips near the limb, by changing the tilt, or rounding the edges, and, • Reduce the accessibility of the pedestal, and, • Bring to the Commission more evidence on the fabrication and construction made by the selected builder, and more examples of sculptures made by the selected builder. Modifications The artist has incorporated recommendations provided by the Arts and Culture commission and has modified the limbs of the art piece from sharp points to rounded edges. The dancers’ shape stays primarily the same but now the limbs begin at a higher distance from grade and includes a thicker limb connecting to the base of the structure to help address safety concerns related to the previous design. To further reduce the accessibility of the pedestal the applicant has revised the pedestal from a two-tiered geometric concrete base with clean edges, to a concrete base with marble tile finish, with smoothly sloped concave. Below is a comparison of the sculptures. 11 ACC 05-18-2026 11 of 79 ASA-2026-005 Bianchi Way Townhomes March 23, 2026 Page 2 March 23, 2026 May 18, 2026 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 location. 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 (June 1, 2026 at 5:00pm). This approval is valid until June 1, 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. Revised Fine Arts Application 3. Site Plan 12 ACC 05-18-2026 12 of 79 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 13 ACC 05-18-2026 13 of 79 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. 14 ACC 05-18-2026 14 of 79 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. 15 ACC 05-18-2026 15 of 79 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, 16 ACC 05-18-2026 16 of 79 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 May 18, 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. 17 ACC 05-18-2026 17 of 79 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. 18 ACC 05-18-2026 18 of 79 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. 19 ACC 05-18-2026 19 of 79 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. 20 ACC 05-18-2026 20 of 79 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. 21 ACC 05-18-2026 21 of 79 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 22 ACC 05-18-2026 22 of 79 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. 23 ACC 05-18-2026 23 of 79 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 24 ACC 05-18-2026 24 of 79 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 18th day of May 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 25 ACC 05-18-2026 25 of 79 26 ACC 05-18-2026 26 of 79 27 ACC 05-18-2026 27 of 79 28 ACC 05-18-2026 28 of 79 29 ACC 05-18-2026 29 of 79 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 Design Artwork Fabrication Artwork Installation Shipping DESCRIPTION Artist concept, drawings, revisions Materials (stainless steel) + production Site prep, lighting, labor, equipment $65,500.00 Proposed Artwork Total THANK YOU FOR YOUR BUSINESS! 30 ACC 05-18-2026 30 of 79 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 . 31 ACC 05-18-2026 31 of 79 CITY OF CUPERTINO Agenda Item Subject: Architectural and Site Approval (ASA-2026-007) to consider a public art installation for Valencia Townhomes. Applicant: SummerHill Homes, LLC; Location: 20830 Stevens Creek Boulevard; APN(s): 359-08-031. Staff recommends that the Arts and Culture Commission approve the public art application for SummerHill’s Valencia Townhomes, subject to conditions of the draft resolution (Attachment A). CITY OF CUPERTINO Printed on 5/13/2026Page 1 of 1 32 ACC 05-18-2026 32 of 79 ARTS AND CULTURE COMMISSION STAFF REPORT Meeting Date: May 18, 2026 Subject Architectural and Site Approval (ASA-2026-007) to consider a public art installation for Valencia Townhomes. Applicant: SummerHill Homes, LLC; Location: 20830 Stevens Creek Boulevard; APN(s): 359 08 031. Recommended Action Staff recommends that the Arts and Culture Commission approve the public art application for SummerHill’s Valencia Townhomes, subject to conditions of the draft resolution (Attachment A). Discussion Background On July 1, 2025, City Council approved a proposal to demolish three existing commercial buildings and construct a new 59-unit townhome development under planning applications DP-2024-002, U-2024-007, TM-2024-001, ASA-2024-005, and TR-2024-024. Public artwork was required pursuant to Cupertino Municipal Code (CMC) Chapter 19.148 as the project exceeded 10,000 square feet of development. As a condition of approval of DP-2024-002 (CC Resolution No. 25-053), the Public Art Requirement was outlined as follows: Condition #13 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. 33 ACC 05-18-2026 33 of 79 In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the 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 project applicant, SummerHill Homes, LLC, has submitted an Architectural and Site Approval application pursuant to the requirements outlined in CMC Chapter 19.168 for Architectural and Site Approval Review, and as required by application procedures for Public Artwork in the city, as outlined in CMC Section 19.148.050. The townhome development is located along Stevens Creek Boulevard, bounded by single-family residences along Scofield Drive to the south, Union Church of Cupertino to the west, and the Crossroads shopping center to the east. Artwork Location The artwork location is proposed along the frontage of the townhome development at the north-east corner of the site (Figure 1), and is highly visible to motorists, residents, and pedestrians. One new street tree will not be planted to facilitate the art installation and ensure visibility from the street. The art piece, a sculpture, will be located in an approximately 70-foot by 50-foot art plaza. An enlarged site plan showing the plaza layout is included as Attachment 2. Figure 1 Proposed Public Art location. 34 ACC 05-18-2026 34 of 79 Design The proposed art piece is briefly described below. • Blossom: Created by Wowhaus (Scott Constable and Ene Osteraas-Constable); the structure is a 17’-5” high, weathering steel (“Corten Steel”) sculpture, representing the cherry blossom, placed in a round planting bed within a pedestrian plaza adjacent to Stevens Creek Boulevard. The sculpture will feature cherry blossom flowers made of an exterior grade polymer, powder- coated stainless steel, and integrated LED lighting. Please refer to Attachment 3 for a full description of the art piece including pro-forma, design, and artist biography. 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. 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. Other Department/Agency Review The location of the structure was previously reviewed by the City’s Building Division, Environmental Programs Division, Public Works Department and the Santa Clara County Fire Department and these departments will review the structure’s details at the time of Building Permit application. Conclusion Staff recommends approval of the project because the project and conditions of approval address potential concerns related to the proposed art piece and all findings for approval of the proposed project, consistent with Chapters 19.148 and 19.168 of the Cupertino Municipal Code, can 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 (June 1, 2026 at 5:00pm). This approval is valid until May 18, 2027. The applicant team may apply for a one-time, 35 ACC 05-18-2026 35 of 79 two-year extension before the approval expires. Prepared by: Emi Sugiyama, Senior Planner ATTACHMENTS 1. Draft Resolution ASA-2026-007 2. Art Plaza Plan 3. Fine Arts Application 36 ACC 05-18-2026 36 of 79 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 VALENCIA TOWNHOME DEVELOPMENT AT 20830 STEVENS CREEK BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.: ASA-2026-007 (Public Art) Applicant: SummerHill Homes, LLC Location: 20830 Stevens Creek Boulevard (APN: 359 08 031) 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 Valencia 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 37 ACC 05-18-2026 37 of 79 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 Stevens Creek Boulevard. 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 weathering steel, exterior grade polymer, and powder-coated stainless-steel materials, all of which 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. 38 ACC 05-18-2026 38 of 79 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 a 10”x8” cast aluminum 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. 39 ACC 05-18-2026 39 of 79 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 5 thereof. 40 ACC 05-18-2026 40 of 79 The application for an Architectural and Site Approval, Application no. ASA-2026-007 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-2026-007 as set forth in the Minutes of the Arts and Culture Commission Meeting of May 18, 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 Chandra Cerrito, Art Advisors, titled “SummerHill Homes 20840 Stevens Creek Blvd., Cupertino, CA Public Art Submittal ” consisting of 30 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, 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. 41 ACC 05-18-2026 41 of 79 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. 42 ACC 05-18-2026 42 of 79 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. 43 ACC 05-18-2026 43 of 79 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. 44 ACC 05-18-2026 44 of 79 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. 45 ACC 05-18-2026 45 of 79 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 46 ACC 05-18-2026 46 of 79 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. 47 ACC 05-18-2026 47 of 79 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 48 ACC 05-18-2026 48 of 79 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 18th day of May 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 Arts & Culture Commission Chair 49 ACC 05-18-2026 49 of 79 April 14, 2026 Chandra Cerrito / Art Advisors SummerHill Homes 20840 Stevens Creek Blvd., Cupertino, CA Public Art Submittal Part 2: Visuals •Artwork Visuals and Details •Site Plan •Plaque Design and Location 50 ACC 05-18-2026 50 of 79 Proposed Artwork BLOSSOM by Wowhaus 51 ACC 05-18-2026 51 of 79 ARTWORK RENDERING BLOSSOM 52 ACC 05-18-2026 52 of 79 ARTWORK DRAWING BLOSSOM Daytime view Evening view 53 ACC 05-18-2026 53 of 79 ARTWORK DIMENSIONS BLOSSOM 6’ 5 3/4 “ 17 ’ 5 ” 6 flowers 16 ' - 5 " 8' - 8 1 4 " underground footing engineering TBD 7 flowers "taper" variant "Pipe" variant 54 ACC 05-18-2026 54 of 79 ARTWORK MATERIALS BLOSSOM BRANCH: WEATHERED (CORTEN) STEEL Sealed with BROMOCO CT-7571-W Protective Coating for exterior sculpture and architectural applications 55 ACC 05-18-2026 55 of 79 ARTWORK MATERIALS BLOSSOM Stainless steel framing and hardware; painted to match weathering steel with exterior grade alkyd enamel Exterior Grade LED Light Strips in channel behind petals – Pink and/or White Stamens: Sandblasted Acrylic Rod 7 Blossoms, each approx. 2’11” D BLOSSOMS 56 ACC 05-18-2026 56 of 79 EXTERIOR GRADE CHEMCAST ACRYLIC WITH LED LIGHTING ARTWORK MATERIALS BLOSSOM BLOSSOMS Exterior Grade Polymer with LED Lighting 57 ACC 05-18-2026 57 of 79 ARTWORK CONSTRUCTION DETAIL BLOSSOM Armature for polymer 58 ACC 05-18-2026 58 of 79 IN SITU RENDERING BLOSSOM 59 ACC 05-18-2026 59 of 79 Site Plan and Art Location 60 ACC 05-18-2026 60 of 79 PROJECT SITE 61 ACC 05-18-2026 61 of 79 WALKWAY PUBLIC WALKWAY VEHICLE CIRCULATION BIKE LANE SITE PLAN General artwork location 62 ACC 05-18-2026 62 of 79 PLAZA PLANTING AND LANDSCAPE PAN Artwork location 63 ACC 05-18-2026 63 of 79 PLAZA LANDSCAPE PLAN Artwork location 42” high LED bollard lights aiming down to illuminate walkway (approximate locations) 64 ACC 05-18-2026 64 of 79 Identifying Plaque 65 ACC 05-18-2026 65 of 79 IDENTIFYING PLAQUE Plaque location (approximate) 66 ACC 05-18-2026 66 of 79 IDENTIFYING PLAQUE Plaque Design Cast aluminum, 8” x 10” Possible Finish Style: Dark background Mounting Approach: On post within plantings 67 ACC 05-18-2026 67 of 79 April 14, 2026 SummerHill Homes 20840 Stevens Creek Blvd., Cupertino, CA Public Art Submittal Part 1: Documents Contents •Cupertino Public Art Application Form •Cupertino Public Art Eligible Costs Worksheet •Project Pro Forma •Artist Resume •Artist Bio and Past Works •Artist Statement for Proposed Artwork 68 ACC 05-18-2026 68 of 79 Cupertino Public Art Application Form Development Project Project Name: ___________________________ Application No: Address and/or Location: Acreage:________________________________ Lot size: Bldg. Sq. Ft. _____________________________ No. of stories: Arch. Style: ______________________________ Bldg. Usage: : Date of PC approval:_______________________ Date of CC approval Planner Name: ___________________________ Estimated occupancy date: Detailed project description: Public Art Overall project budget (from Pro Forma, et al) .25% for Art: $___________________________ Artwork Budget: $ Artwork Name: __________________________ Brief description: Materials: ______________________________ Dimensions: Lighted? Y/N ____________________________ Estimated installation date: Detailed description of art (location, materials, function, landscaping, lighting, pedestal, etc.): Detailed description of identifying plaque (location, materials): 69 ACC 05-18-2026 69 of 79 Cupertino Public Art Application Form Page 2 Project Name: ___________________________ Application No: Contacts Developer: Address: Phone (office):________________________ Phone (cell): Fax:_________________________________ Email: Artist: Address: Phone (office):________________________ Phone (cell): Fax:_________________________________ Email: Submitted by: ________________________________ ___________________________ Signature Date ___________________________ Printed name IMPORTANT: ATTACH SITE PLANS, ELEVATIONS, AND A LIST OF ANY OTHER PERTINENT INFORMATION 70 ACC 05-18-2026 70 of 79 Cupertino Public Art Eligible Costs Worksheet ITEM ESTIMATED COST ACTUAL COST DATE VERIFIED Artwork price $170,405.00 $ • Materials (included) $ – $ • Fabrication (included) $ – $ • engineering fees $ 7,200.00 $ Rendering fees $ 1,325.00 $ Landscape Architect’s fees $ 9,900.00 $ Art Consultant’s fees $ 21,000.00 $ Lighting Consultant’s fees $ – $ Transportation of artwork $ 5,700.00 $ • shipping (included) $ – $ • crating (included) $ – $ • truck rental (included) $ – $ Installation of artwork $ 16,695.00 $ • site preparation* (footing) $ 4,000.00 $ • electrical conduit (75LF, $35/LF) $ 2,625.00 $ • labor (included) $ – $ • professional fees (included) $ – $ • equipment rental (included) $ – $ • special hardware/tools (included) $ – $ Pedestal or display costs** $ – $ Lighting for artwork (included in Art $) $ – $ Identification plaque $ 1,000.00 $ Contingency (1.53%) $ 3,669.71 $ TOTAL $243,519.71 $ *Directly related to the installation of the artwork (ie: trenching for lighting conduit, piping for water if water was not previously included in the project, concrete footings, etc.) **If not already included in the artwork price. APPLICANT MUST ATTACH THE PRO FORMA (OR EQUIVALENT) TO ILLUSTRATE TOTAL PROJECT COSTS. 71 ACC 05-18-2026 71 of 79 PROJECT:20840 STEVENS CREEK City:Cupertino, CA Construction Budget SITE Rough Grading 331,950.00 Erosion Control 150,386.00 Storm Drains 362,234.00 Sanitary Sewer 369,570.00 Water 885,200.00 Gas & Electric 1,120,944.00 Street Lights 95,000.00 Curb, Gutter & Sidewalk 285,000.00 Base & AC 321,566.00 Repairs 96,000.00 Boundary Walls 105,000.00 Irrigation & Landscaping 811,100.00 Street Signs & Pavement Markings 26,250.00 BUILDING Concrete Foundation 1,123,565.20 Plumbing 2,076,600.00 Fire Sprinklers 350,379.00 Fire Alarm 18,700.00 Fire Extinguishers 10,325.00 Submeters 29,000.00 Electrical 857,840.20 Framing - Labor 1,963,512.00 Framing - Material 2,072,596.00 Framing - Trusses 327,276.00 Framing - Floor Joists 981,756.00 Low Voltage 145,000.00 Doors & Trim 479,538.00 Windows 1,065,640.00 HVAC 1,012,358.00 Insulation 319,692.00 Roofing 319,692.00 Solar Prewire 29,000.00 Drywall 1,332,050.00 Fire Caulking 185,600.00 Stucco 1,092,281.00 Scaffolding 87,000.00 Garage Doors & Hardware 159,500.00 Waterproofing Decks 139,400.00 Stair Systems 60,320.00 Ornamental Iron 319,692.00 Painting 532,820.00 Finish Carpentry 122,548.60 Cabinet Materials 637,070.00 Piedrafina 245,097.20 Slab Countertops - Quartz 218,456.20 Finish Hardware 106,112.00 Light Fixtures 67,538.00 Shower Enclosures 108,564.56 Appliances 301,600.00 Carpet 58,610.20 Ceramic Tile 90,800.00 Hardwood 214,200.00 Clean Up-Rough 53,282.00 Clean Up-Move In 46,888.16 Fencing - Wood 29,000.00 TOTAL HARD COST 24,351,099.32$ 72 ACC 05-18-2026 72 of 79 WOWHAUS RESUME: ENE OSTERAAS-CONSTABLE & SCOTT CONSTABLE 885 Jonive Road, Sebastopol, CA 95472 (510) 390-1724 • studiowowhaus@yahoo.com • www.thewowhaus.com *Scott Constable & Ene Osteraas-Constable have collaborated fully on all commissions.; we are submitting a combined resume. SELECT PUBLIC ART COMMISSIONS • WATERSONG Lone Mountain Park, Phoenix, Arizona (Phoenix Public Art Program) 2027 Iconic, large-scale interactive sculpture in a new 60-acre park creates a community hub. Community engagement informed the design, which is inspired by local cultural and ecological history. Wowhaus is collaborating with DIG Landscape Architects. • BLOSSOM Stevens Creek, Cupertino, CA (SummerHill Homes) 2027 Large-scale sculpture with LED lighting will be an iconic landmark for a new housing development along a busy thoroughfare • ATTUNED Cook-Garland Parks, Denver, CO (Denver Public Art Program) Finalists 2027 Landmark sculpture will invite multisensory engagement with the environs, evoking cultural and natural history in a large urban park • OUR STORIES Ross-Broadway Library, Denver, CO (Denver Public Art Program) Finalists 2027 • Architecturally-integrated hand-cut glass mosaic will complement the Usonian architecture of this famed modernist library • FLOURISH Bethesda Park, Denver, CO (Denver Public Art Program) Finalists 2027 Series of dichroic glass and stainless steel sculptures integrated with native plantings will invite insight into native pollinating insects • NEXXUS Tracy Transit Hub, (Tracy Public Art Program) Tracy, 2026 Iconic artwork inspired by native flora and fauna will herald entryway to historic transit station •MAGNUS Great Streets: Main Street, Burlington, VT (Burlington City Arts) 2026 Focal points within a new streetscape, 3 large-scale granite sculptures create seating and evoke local ecological and cultural history • BRANT Lafayette, CA (Lennar Corporation) 2025 Large-scale stainless steel sculpture internally lit with LED lighting is a beacon in the streetscape, casting intricate shadows • ALMA Eden Housing, Castro Valley, CA (Eden Housing) 2025 Landmark sculpture sculpted from reclaimed Live Oak Tree heralds entry to new development • AQUADREAM Rengstorff Aquatic Center, Rengstorff Park, Mountain View, CA (Mountain View Public Art Program) CA 2025 Series of colorful interactive functional sculptures integrated into a new Aquatic Center invite playful engagement • SKYHORN University of San Francisco Medical Center, San Francisco, CA 2024 Monumental 12’ h interactive bronze sound sculpture featuring 36 kinetic tubular bells and crystals engages the public, including those with limited to no vision • REVERIE Donelson Public Library, Nashville, Tennessee, (MetroArts) 2024 A series of five large-scale functional Tennessee Marble sculptures activate a 1-acre public greenspace, inviting engagement • INSPIRE San Ramon Public Library, San Ramon, CA (San Ramon Public Art Program) 2024 Engaged community members and library staff in developing interactive dichroic glass sculpture for library entryway 73 ACC 05-18-2026 73 of 79 p.2 COMMISSIONS CONTINUED • DREAMY East Lake Park, Chattanooga, Tennessee, (City of Chattanooga Public Art Program), 2023 Four vibrant fantastical 7.5’ h sculptures invite convivial interaction and imaginative play, evoking the cultural history of the City’s oldest park • THRIVE Hayward, CA (Artsource) CA 2022 2-story architecturally-integrated mosaic mural is landmark in the Cityscape. Collaborated with developers and architects • MATHER COMMONS Mather School Plaza, Boston, MA (Browne Fund) 2022 Designed functional sculptures that seat up to 25 people at a time; artwork inspired by history of the nation’s oldest school • FOREST FRIENDS Green Bay Botanical Garden Children’s Garden, Green Bay, WI 2022 5 interactive large-scale bronze sculptures evoking native species are integrated into the Children’s Garden • DELRIDGE KNOW-HOW Delridge, WA (Seattle Office of Arts & Culture) 2021 Collaborated with Seattle Department of Transportation Landscape Architects; community engagement integral to design • QUERCUS 24th & Harrison, Oakland, CA (Holland Partner Group) 2021 Collaborated with Holland Partner Group Design Team • ORCA Kitsap Middle School, Kitsap School District, Kitsap, WA (Washington Art in Public Places Program) 2021 Collaborated with School District administration, faculty and students • A GOOD SIGN North Tryon Greenroad, Charlotte, NC (Arts & Sciences Council) 2021 Collaborated with Charlotte Department of Transportation and NCDOT Landscape Architects; community engagement in conception and execution • WYNADOTTE Wynadotte Park, Mountain View, CA (Mountain View Public Art Program) 2020 Collaborated with City of Mountain View Parks Department Landscape Architects on series of bronze sculptures • WELLSPRING Coffey Park, Santa Rosa, CA (Santa Rosa Public Art Program) 2020 Collaborated with Carlile Macy Landscape Architects & Santa Rosa Parks Dept. community engagement integral to commission. • ASCENT Pierce College - Fort Steilacoom, WA (Washington Art in Public Places Program), 2019 Engaged Pierce College faculty, staff and students and worked with Pierce College Facilities Department • MAKKEWEKS Oakland Public Art Program, Lake Merritt Park, Oakland, CA (Oakland Public Art Program) 2019 Collaborated with PlaceWorks and City of Oakland Parks Department Landscape Architects • GOLDENSPIRAL STEM Center, The College of New Jersey, Ewing Township, NJ (New Jersey Arts Commission) 2018 Engaged College of New Jersey faculty and students; collaborated with College Facilities Department & John M. Thomas Landscape Architects • UNITY PLAZA OMI HISTORY STAIRSCAPE San Francisco, CA (San Francisco Arts Commission) 2016 Collaborated with San Francisco Municipal Transit Authority Landscape Architects • STORYVANES Walnut Creek, CA (Terramar Developers & Walnut Creek Public Art Program) 2016 Worked with Bruce Jett Landscape Architects 74 ACC 05-18-2026 74 of 79 p.3 COMMISSIONS CONTINUED • GARDEN GUARDIANS Noe Valley Town Square, San Francisco, CA (San Francisco Arts Commission) 2016 Collaborated with CMG Landscape Architects & San Francisco Parks Department • SCUPPERNONG COMMONS Artplace Environmental Artists in Residence (McColl Center for Art + Innovation), Charlotte, N.C. 2015 Collaborated with LandDesign Landscape Architects • SPINNRADL Cincinnati, OH (Artworks Cincinnati) 2014 Community engagement in conception and execution. Worked with Cincinnati Department of Public Works • SPECTRASCAPE W. Berkeley Library, Berkeley CA (Berkeley Public Art Program) 2014 Collaborated with Harley Ellis Devereaux Architects and library staff; community engagement informed design • OASIS Dublin, CA (AvalonBay Developers), 2013 Collaborated with AvalonBay Landscape Architects • TSURU R. Carr Judicial Center, Denver, CO (Colorado Creative Industries) 2012 Collaborated with Fentress Architects & Civitas Landscape Architects • FLUKE Monterey Bay Marine Sanctuary & Exploration Center, Santa Cruz CA (Santa Cruz Public Art Program) 2012 Collaborated with Thomas Hacker Architect & Landscape Architect; engagement with Museum scientists and staff • ABUNDANCE Ortega Library, San Francisco CA (San Francisco Arts Commission) 2011 Collaborated with City of San Francisco Library Architects & Landscape Architects • WATERSHED ART MARKERS Oakland CA, (Oakland Public Art Program) 2010 Collaborated with Oakland Department of Creeks, Watershed & Stormwater Department and Oakland Public Works Department • SUNNYSIDE MENAGERIE Sunnyside Conservatory Park, SF, CA (San Francisco Arts Commission) 2009 Collaborated with San Francisco Parks Department; community engagement informed design • OAKLAND FUSION Jack London Square, Oakland CA (Ellis Partners, LLC) 2009 • WISHING WANDS Berryessa Creek Park, San Jose, CA (San Jose Public Art Program) 2009 Collaborated with San Jose Parks Department and Department of Public Works; community engagement informed design PUBLIC ART MASTER PLANNING • RAIL TRAIL PUBLIC ART MASTER PLAN, Artplace Grant, Charlotte Center City Partners, Charlotte, N.C. 2015 Created a Public Art Master Plan for a four-mile public greenway that transects the City Center BRIGHTWALK, McColl Center for Visual Art + Innovation, Charlotte, N.C. 2015 Consulted on public art planning for environmentally-oriented artworks at Brightwalk, a 98 acre mixed-use development. • VILLAGE AT MARKET CREEK ART+DESIGN PLAN Contributed to a comprehensive public art plan for a 60+ acre community identifying sites & guiding principles for public art. 75 ACC 05-18-2026 75 of 79 p.4 COMMUNITY ENGAGEMENT & SELECT ARTIST RESIDENCIES • ARTIST AMBASSADOR: Wilton Rancheria Tribe, Sacramento Public Art Program, Sacramento, CA 2026 • McCOLL CENTER FOR ART & INNOVATION, Artplace Environmental Artists in Residence, Charlotte, N.C. 2015 • HEADLANDS CENTER FOR THE ARTS, Marin County, CA 2013 • MICHAEL J. KOHLER ARTS CENTER, “Connecting Communities” Artists in Residence, Sheboygen, WI, 2010 • MILDRED’S LANE, Beach Lake, PA 2001 & 2009 • “CRAFT & DESIGN: HAND, MIND & THE CREATIVE PROCESS”, Haystack w/ Cooper-Hewitt National Design Museum, Smithsonian Institution, Maine, 2004 SELECT PUBLICATIONS 2025 & 2024 WOWHAUS : “50 Top Public Art Stars” The Economic Power of Public Art, CODAw 2023 CODAMagazine: “Celebrating the Bay Area” 2021 “Derivsh”, Land Art Generator Institute 2021 “Art that Commemorates”, CODA Magazine 2021 “Coffey Park Reopens at Long Last, To Rave Reviews”, Press Democrat 2019 “Lake Merritt and Snow Park Project”, Piedmont Exedra SELECT AWARDS/GRANTS CODAWorx Merit Award for Public Art: Education 2021 A1 Artist Travel Grant – Rome & Switzerland (S.C.) 2013 Wornick Distinguished Visiting Professor of Woodworking, California College of Arts and Crafts (S.C) 2010 Center for Cultural Innovation Investing In Artists Grant Recipient (S.C) 2008 City of Oakland Individual Artist’s Grant (E.O.C) 2006 SELECT EXHIBITIONS 2019 The Art of Resilience, World Bank Group Exhibition 2016 Free (for) Free, Mildred’s Lane Complex(ity), Narrowsburg, N.Y. 2016 Craft Atelier II, Storefront Lab, San Francisco, CA 2014 Reimagining Progress: Production, Consumption and Alternative Economies, David Brower Center, Berkeley, CA 2014 If A Tree Falls, University of California at Davis Design Museum, Davis, CA 2013 This Will Never Work, Southern Exposure, San Francisco, CA 2012 Big, Big Backyard: Contemporary Community-Engaged Art, College of the Canyons, Los Angeles 2012 Banff, Banff New Media Symposium, Banff Centre, Canada 2011 John Michael Kohler Arts Center, “Connecting Communities” Residency, Sheboygan, WI EDUCATION E.O.C.: BFA, Univ. of Massachusetts, Amherst, MA, 1987 S.C.: BFA - Sculpture, School of the Art Institute of Chicago 1982-85 Foundations/Architecture, Rhode Island School of Design 1981-82 76 ACC 05-18-2026 76 of 79 WOWHAUS Founded in 1997, Wowhaus is a trans-disciplinary art and design team based in the San Francisco Bay Area. A collaboration between Scott Constable and Ene Osteraas- Constable, Wowhaus has extensive experience creating site-responsive public art. Their work explores cultural, historical and ecological factors that shape a sense of place. Examples of Past Works Skyhorn, bronze UCSF Bayfront Medical Building , SF Wishing Wands, stainless steel and crystals Berryessa Creek Park, San Jose Abundance, glass mosaic, steel, and concrete Ortega Branch Library, SF Inspire, stainless steel and dichroic glass San Ramon Public Library 77 ACC 05-18-2026 77 of 79 SummerHill Homes 20840 Stevens Creek Blvd. Proposed Public Art BLOSSOM by Wowhaus (Scott Constable & Ene Osteraas-Constable) Artist Statement An iconic landmark sculpture that enriches and elevates SummerHill’s residential development, Blossom is a colorful landmark sculpture that will be highly visible to passerby on Stevens Creek Boulevard, both day and night. Evoking the vibrant beauty of cherry blossoms, this sculpture honors the agricultural history of Cupertino, a region where cherry orchards once were widely cultivated. The artwork is also inspired by the rich symbolism of cherry blossoms, known to symbolize prosperity, good fortune, renewal, community and the beauty of life and nature in many cultures, especially Asian communities. Blossom will be installed at the center of a round planting bed within the project’s pedestrian plaza adjacent to Stevens Creek Boulevard. It will be surrounded by complementary plantings. The sculpture is approximately 17’-5” high x 6’-6” at its widest, and its flowers are each approximately 2’-11” wide. Fabricated from highly durable weathering steel (often known as Corten Steel) with flowers made of exterior grade polymer, powder-coated stainless steel, and integrated LED lighting, the artwork is designed to be highly durable and low-maintenance. 78 ACC 05-18-2026 78 of 79 CITY OF CUPERTINO Agenda Item Subject: Presentation by Tianshi Wang of CalColor Academy on a proposal for a student-led utility box beautification pilot project. Receive the Presentation CITY OF CUPERTINO Printed on 5/13/2026Page 1 of 1 79 ACC 05-18-2026 79 of 79