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HomeMy WebLinkAboutACC Resolution 26-01 ASA-2026-005ASA-2026-005 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 26-01 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, 10080 & 10082 BIANCHI WAY SECTION I: PROTECT DESCRIPTION Application No.: Public Art (ASA-2026-005) Applicant: Leon Hu (Property Owner) Location: 10070, 10072, 10074, 10076, 10078, 10080 & 10082 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 Resolution No. 26 - 01 ASA-2026-005 May 18, 2026 Page 3 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"x 8" stainless -steel plaque. The commission has recommended that the artist's name and short description for the inspiration of the piece be included on the 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. Resolution No. 26 - 01 ASA-2026-005 May 18, 2026 Page 5 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 PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. 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. Resolution No. 26 - 01 ASA-2026-005 May 18, 2026 Page 7 The applicant shall incorporate the City's construction best management practices into the building permit plan set prior to any grading, excavation, foundation or building permit issuance. 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. Resolution No. 26 - 01 ASA-2026-005 May 18, 2026 Page 9 d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Nighttime construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 17. LANDSCAPE PROTECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 18. LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. Resolution No. 26-01 ASA-2026-005 May 18, 2026 Page 11 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. Resolution No. 26 - 01 ASA-2026-005 May 18, 2026 Page 13 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: NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: Chen, Lamba, Panda, Rohra, Wang COMMISSIONERS: CO])9fIMISSIONERS: C MMISSIONERS: Gian Paolo Mhrtire, Senior Planner Arts & Culture Commission Liaison APPROVED: David Wang Chair