CC 07-03-2018 Item No. 22 Required Artowrk in Public and Private Developments Ordinance Update PresentationRequired Artwork in Public and
Private Developments:
Ordinan~e update
July 3, 2018
lnJ CITY OF
lili] CUPER"FINO
Fine Arts Commission rev.iew
General Plan policy for Arts and Culture
Maintain and update an ordinance
requiring public art in public as well as
private pr0jects of a certain size
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Fine Arts Commission review
• Cupertino Municipal Code Chapter 19 :148
was enacted in 2009
• Updating the artwork ordinance as one of the
work plan items identified for 2018-2019 fiscal
year
Fine Arts Commission review
• Concern: proportion of artwork
Recommendation: Removal of the dollar cap,
lowering the threshold for requiring artwork, and
tiering of construction valuation
• Concern: comparison to local cities
Recommendation: Utilizing a percentage rather
than a set dollar cap also allows the ordinance to
move with the economy and inflation, and
prevents the ordinance from being quickly
outdated
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Fine Arts Commission review
• Concern: Continue to discourage in lieu
payments, but provide criteria
Recommendation: request for in lieu payments would
require ( 1) a high~r artwork value of 1.25% and (2)
City Council approval
Fine Arts Commission review
e n rtwo value Raise the artwork value to 1 %
Clarify the percentage is of construction
valuation.
3. Continue to discourage in lieu payments· req uire
a 1.25% artwork. val ye and City Council approval
fcy this category
I.
None-applies I .
equally to projects of 2.
all sizes above 50 000
mJL
New 50 000 sq.ft I.
Remove the dollar c o p
Proiecfs 10 000 sf and higher-1$.
Create tiers lo levels o f cqnslrycfion valuation
fl % for first $1 00Mand 9% excess of $1 00M
YQillQfiQnl
Cons ider lower thresh old : 1 O 000 sq.fl
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Recommendation
• Conduct the first reading of the draft
ordinance: "Ordinance amending Municipal
Code Chapters 19.12 (Administration) and
19 .148 (Required Artwork in Public and Private
Developments)"; and
• Schedule the second reading of the
ordinance for August 21, 2018 .
Extra slides -reference onlv
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Types of art accepted
A. Sculpture : in-the-round , bas-relief, mobile, fountain , kinetic, electronic, or other,
in any material or combination of materials;
B. Painting : all media, including portable and permanently affixed works, such
as murals ;
C. Graphic arts : printmaking , drawing, calligraphy and photography, but only
when on a large public scale;
D. Mosaics ;
E. ·functional artwork created by a professional artist, such as benches. tree
grates or trash receptacles;
F. Any other form of work of art determined by the Fine Arts Commission to
satisfy the intent of this chapter.
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