CC 06-17-2025 Item No. 10 Bianchi Way_Desk ItemCC 06-17-2025
Item No. 10
Bianchi Way
Desk Item
CITY COUNCIL STAFF REPORT
DESK ITEM
Meeting: June 17, 2025
Agenda Item #10
Subject
Approval of a Final Map and the Subdivision Improvement Agreement for the 7-Unit
Bianchi Way Development Project (Tract No. 10648; Applicant: Bianchi Way LLC;
Location: 10070-10082 Bianchi Way; APN: 359-07-021)
Recommended Action
Adopt Resolution No. 25-XXX:
1. Approving the final map consisting of Tract No. 10648;
2. Accepting the street dedication and public easements as shown on the map; and
3. Authorizing the City Engineer to execute and record the Subdivision
Improvement Agreement.
Background:
Staff’s responses to questions received from councilmembers are shown in italics.
Q1: I noticed there is Art Work designated on Site Plan A1.0 for this project along the
north fence. Did this go to the Arts and Culture Commission for review? This is a
project where the in lieu of payment may have been preferred because the location will
not be visible to the wider public, however, that increases the cost to the developer.
Staff response: The proposed Public Artwork location was incorporated into the project
plan set that was approved by the Planning Commission on December 12, 2023, and by
City Council on January 17, 2024. When the applicant applies for an application for
public artwork with the Community Development Department, staff will review the
public art proposal with the property owner and present the application to the Arts and
Culture Commission for review and approval. This requirement is noted in Condition
of Approval #17 of Resolution No. 24-011 as copied below for reference:
PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy 2-66
and the City’ s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal
Code). The minimum expenditure for the artwork, including, but not limited to design,
fabrication, and installation is one (1) percent of the construction valuation for the first
$100 million on construction valuation, or 0.9% of construction valuation for valuation
in excess of $100 million. The project pro forma shall be provided to the City to confirm
the project budget. The public art plans shall be reviewed and approved by the Arts and
Culture Commission prior of final occupancy. Once approved by the Arts and Culture
Commission, the public artwork shall be installed to the satisfaction of the City prior to
certificates of occupancy being issued on more than 50% of the units in each of the two
buildings – i.e., no more than 1 unit in Building B and no more than 2 units in Building
A. 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 City for an in-lieu payment alternative as indicated in Chapter 19.148
of the Cupertino Municipal Code, subject to review of the Arts and Culture Commission
and the City Council. The in-lieu payment shall be 1.25% of the construction valuation.
Q2: How is the valuation of the artwork confirmed by the city? I am estimating the cost
to be $100,000 - $200,000, which would provide for a fine sculpture, what will it be?
Staff response: The applicant is required to submit a project pro forma with the public
artwork application to confirm the project’s budget. The concept for the artwork is
currently unknown but will be approved by the Arts and Culture Commission as stated
in the condition of approval.
Attachments Provided with Original Staff Report:
A. Draft Resolution
B. Final Map
C. Subdivision Improvement Agreement
Attachments Provided with Desk Item:
None