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