Chapter 19.148 — REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS

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:

Enhance community character and identity;

Provide attractive public arts to residents and visitors alike;

Stimulate opportunities for the arts through cooperative relations between local business and the City.

(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)

Any development of ten thousand sq. ft. or larger involving construction of new buildings and/or the expansion of existing buildings shall be subject to the requirements of this chapter.

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. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009)

Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following:

Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials;

Painting: all media, including portable and permanently affixed works, such as murals;

Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale;

Mosaics;

Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles;

Any other form of work of art determined by the Arts and Culture Commission to satisfy the intent of this chapter.

(Ord. 22-2241, § 8, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)

The following shall not be considered eligible to satisfy the requirements of this chapter:

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;

Directional or other functional elements such as supergraphics, signing, or color coding, except where those elements are integral parts of original signed artworks; Art objects which are mass-produced from a standard design, such as playground equipment, fountains, flags or banners;

Landscaping and garden features, except where these elements are designed by the artist and are an integral part of a fine artwork.

(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)

An application for public artwork shall include all requirements of Chapter 19.12.

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.

The Arts and Culture Commission shall review for approval the public art application and artwork. The decision of the Arts and Culture Commission may be appealed in accordance with Sections 1.16.020 and 19.12.030 of the Cupertino Municipal Code, or as amended.

(Ord. 22-2241, § 9, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)

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 Arts and Culture 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:

The artwork is of a nature specified in Section 19.148.030.

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 Arts and Culture Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and/or architecture of the buildings.

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.

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.

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.

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.

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.

Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided.

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 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.

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 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. 22-2241, § 10, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)

The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, shall be one percent of the construction valuation, with the following tiers:

1% of the first $100 million of construction valuation.

0.9% of construction valuation for valuation in excess of $100 million.

(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)

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. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)

In some instances the placement of artwork on a particular property may not be feasible. The developer or property owner may apply to the Arts and Culture Commission for an in lieu payment alternative on projects that lack an appropriate location for public art, although such alternative is strongly discouraged. In such cases, an in lieu payment of 1.25% of the construction valuation may be made to the City, pursuant to the approval authority provisions of Cupertino Municipal Code Chapter 19.12.030.

(Ord. 22-2241, § 11, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)