Resolution 18-02.docx - MCA-2018-01bCITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 18-02
OF THE EINE ARTS COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
AMENDMENTS TO MUNICIPAL CODE CHAPTER 19.148: REQUIRED ARTWORK IN
PUBLIC AND PRIVATE DEVELOPMENTS
Application: MCA -2018-01
Applicant(s): City of Cupertino
Location: City-wide
WHEREAS, the Eine Arts Commission heard this matter on June 18, 2018 during a regularly
noticed public meeting; and
WHEREAS, the application is statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (General Rule),
15273 (Rates, Tolls, Fares and Charges) and 15378(b)(5) (Organizational or Administrative
Activities); and
NOW, THEREFORE, the Fine Arts Commission of the City of Cupertino hereby recommends
approval of the proposed Ordinance in substantially the form as shown in Exhibit "A," attached
hereto with a recommendation to amend Municipal Code Chapter 19.148: Required Artwork for
Public and Private Developments.
PASSED AND ADOPTED this 1811, day of June, 2018 at a noticed public meeting of the Fine Arts
Commission of the City of Cupertino, State of California, by the following vote:
AYES:
COMMISSIONERS: Sanchez, Mahalingam, Chokshi, Matley, Wu
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST: APPROVED
Catarina Kidd Michael Sanchez
Senior Planner Chair
EXHIBIT A OF ATTACHMENT B
CHAPTER 19.12 030: APPROVAL AUTHORITY
Table 19.12.030 - Approval Authority
,Type of -
Permit or
Decision
Administrative
Review As
Design -
Review
Committee
Fine Arts
Commission
Planning -
Commission
- City - - Public Hearing/ -
Council Public Meeting/
Comment Period
C
- - Noticing/ - -
Noticing Radius
n
Posted Site
Notice
Expiration-.
Date E
Cha Formatted: Font: 9 t
nndi
Formatted Table
Public
art
-
-
_
F
-
A,1 P11
-
None
one
None
--t-19.1
280 Formatted: Superscript
2.80 Formatted: Centered
Art In-
lieu fee
R
F PM
None
None
None
19.148
CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE
DEVELOPMENTS
19.148.010
Purpose and intent.
19.148.020
Applicability of regulations.
19.148.030
Permitted artwork.
19.148.040
Ineligible artwork.
19.148.050
Application procedures for public artwork.
19.148.060
Design criteria and artist qualifications.
19.148.070
Minimum artwork value.
19.148.080
Maintenance requirements.
19.148.090
In lieu fee for artwork is discouraged.
19.148.010 Purpose and Intent.
The purpose of this chapter is to provide a review framework for public art in both
public and private developments in the City of Cupertino, commensurate with the
following specific goals, as described in the Cupertino General Plan:
A. Enhance community character and identity;
B. Provide attractive public arts to residents and visitors alike;
C. Stimulate opportunities for the arts through cooperative relations between local
business and the City.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.020 Applicability of Regulations.
A. Any development of €ftten thousand sq_ft_or larger involving construction of - Formatted: Not Highlight
new buildings and/or the expansion of existing buildings shall be subject to the
requirements of this chapter.
B. Additional artwork not mentioned in this chapter by means of specific plan,
permits or other discretionary review may be required when deemed appropriate by
the City Council.
(Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009)
19.148.030 Permitted Artwork. - - Formatted: Not Highlight
I- - - - - - -
Types of art that may be used to satisfy the requirements of this chapter include, but
are not limited to, the following:
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.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.040 Ineligible Artwork.
The following shall not be considered eligible to satisfy the requirements of this
chapter:
A. Reproductions of original works of art, whether by mechanical or other means.
However, permitted artwork may include limited editions, controlled by the artist, of
original prints, cast sculpture, photographs, or other art forms;
B. Directional or other functional elements such as supergraphics, signing, or color
coding, except where those elements are integral parts of original signed artworks;
C. Art objects which are mass-produced from a standard design, such as playground
equipment, fountains, flags or banners;
D. Landscaping and garden features, except where these elements are designed by
the artist and are an integral part of a fine artwork.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.050 Application Procedures for Public Artwork.
A. An application for public artwork shall include all requirements of Chapter 19.12.
B. Application for public art for a new development shall be made in conjunction
with the review of the permits for the entire project, in order that the design and
location be taken into consideration at the time of architectural and site planning, as
outlined in Chapter 19.168.
C. The Fine Arts Commission shall review for approval the public art application
and artwork. The decision of the Fine Arts Commission may be appealed in accordance
with Sections 1.16.020 and 19.12 of the Cupertino Municipal eCode, or as amended.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.060 Design Criteria and Artist Qualifications.
It is the intent of this chapter to provide for public art on private property without
imposing the artistic preferences of the City on the owner or the developer of the
property. Artistic preferences are to be primarily those of the owner or developer of the
property, but the artwork and its location is subject to approval of the Fine Arts
Commission.
A permit required pursuant to Section 19.148.050 shall be granted upon a showing by
the applicant that the proposed artwork meets the following criteria:
A. The artwork is of a nature specified in Section 19.148.030.
B. 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.
C. 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.
D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors
shall be large in scale and oriented to the view corridors of the motorist. Appropriate
artwork in these corridors will most likely be sculptural: however, other forms of art may
be considered if consistent with the intent of this chapter. Artwork should have a visual
impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away.
E. 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.
F. 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.
G. Because the artwork will necessarily be highly visible to the public and be associated
with City requirements, expressions of obvious bad taste or profanity shall not be
approved.
H. Water and/or electronic sculpture may be permitted if adequate assurance of
continued maintenance is provided.
I. 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.
J. 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.
K. 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.
L. The artist's qualifications will be evaluated and examples of past work may be
reviewed. The review, however, shall be primarily for the purpose of determining the
artist's experience with artwork of monumental proportion.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.070 Minimum Artwork Value.
The minimum expenditure for the artwork, including but not limited to design,
fabrication, and installation, is one einar-ter-one percent of the building permit , - Formatted: Not Highlight
construction valuation, with the followingtiers:, , - Formatted: Not Highlight
thousand dollar -s, oF such ininimum expenditui-e _4
kh.C"r_4 r!. --en ,-al Plan.
a) 1% of the first $100 million of building permit construction valuation - - - Formatted: Left
b) .9% of building permit construction valuation for valuation in excess of $100 million.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.080 Maintenance Requirements.
The property owner shall maintain the artwork in good condition continuously after its
installation, as determined appropriate by the City. Maintenance shall include all related
landscaping, lighting, and upkeep, including the identification plaque. Artwork required
or approved pursuant to this chapter cannot be removed, except for required
maintenance or repair, unless approved by the City; at which time the City may require
replacement or relocation of the artwork. In the event that the artwork is located in the
public right-of-way, a maintenance agreement with the City shall be required.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.090 In Lieu Fee for Artwork is Discouraged.
In some instances the placement of artwork on a particular property may not be feasible.
City.in sueh eases, an in liett be made to the The developer or property
owner may apply to the Fine Arts Commission for an in -lieu fee alternative on projects
that lack an appropriate location for public art, although such alternative is strongly
discouraged. In such cases, an in -lieu contribution of 1.25% of the building permit
construction valuation may be made to the City, pursuant to the approval authority
provisions of Cupertino Municipal Code Chapter 19.12.030.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)