PC 9-23-2025 PresentationsPC 9-23-2025
Item No.2
Art-in-lieu Fee
Policy
Presentations
Art‐in ‐lieu Fee Policy
Cupertino Planning Commission
September 23, 2025
Subject
Presentation on the Arts & Culture
Commission’s recommendation to the
City Council on an Art‐in‐lieu fee policy.
City Council Work Program –
Quality of Life (FY 2024-2025)
Revisit Municipal Code standards for
art in public and private
development, including the
standards in the Municipal Code and
developing an Art‐in‐lieu fee policy.
Analysis ●Chapter 19.148: Required Artwork in Public and
Private Developments
●CC Resolution No. 05-040: Guidelines for Selection
of Public Art
●Researched other Jurisdictions
●Art Requirements of Private Development
●Separate Art Fund
●Fund Distribution
●Decision Making Bodies
Discussion
September 23, 2024, March 24, 2025, May 19, 2025, and July 22, 2025, staff
presented information concerning this item to the Arts and Culture
Commission.
●Arts & Culture Commission approve the in-lieu payment option.
●In-lieu payment and valuation of art pieces on private development
shall be 1%, instead of the 1.25%.
●Create and maintain a separate art fund.
●Art funding should be used to develop an arts Master Plan, and other
Commission recommendations, including an expansion of funding to art
programming beyond physical art.
●City Council to be decision-making body, upon recommendation by the
Arts and Culture Commission, for allocation of funds.
●CMC Table 19.12.030 Approval Authority and Chapter
19.148: Required Artwork in Public and Private
Developments modified.
Discussion
●Amended City’s existing Policy (City Council Resolution
No. 05-040) by establishing a separate art fund, as well as
parameters for what the funds can be spent on.
Next Steps
The recommendations made by the Arts and Culture
Commission will be forwarded to the City Council for
consideration at the October 21, 2025, hearing.