Cupertino could fund more art with developer fee changes

Art in Cupertino is on track to get more funding from developments sprouting up across the city.

The Cupertino Arts and Culture Commission unanimously recommended changes to the city’s art in-lieu fee program Monday to encourage different forms of public art. Recommended changes to the program would allow developers to pay 1% of construction valuation as an in-lieu fee toward art in the city rather than providing art on site. The policy would also eliminate wording that strongly discouraged developers from paying an in-lieu fee instead of providing art. The changes could expand the policy to allow fees to go toward more than just physical art, including scholarships.

Any new development 10,000 square feet or larger is required to contribute to art in the city, according to the existing policy. The potential changes would apply to that standard. The Planning Commission and City Council need to review the changes before they can be implemented, but the idea is to increase the fund’s flexibility to foster more art citywide.

Commission Chair Kiran Varshneya Rohra said if approved, the changes would allow Cupertino to go beyond what it already does to support local artists, including three yearly artist awards.

“We’re all very excited that we could be able to nurture or flourish more art and culture-related activities in our community, because of the option of having some additional funding,” Varshneya Rohra told San José Spotlight.

The proposed changes comes at a time when developments are popping up around Cupertino as the city works to meet its state housing mandates, which require it to build nearly 5,000 new homes by 2031. Recently approved developments include 59 townhomes and 136 homes in an older adult living facility along Stevens Creek Boulevard.

Steve Lynch, director of planning and entitlements for Sand Hill Property Company, said while he couldn’t comment on Cupertino’s plans specifically, art in-lieu fees are generally good for development because they grant more options than a “one size fits all” policy. He said art in-lieu fees don’t typically speed up development, but are helpful because there’s payment flexibility.

Lynch added the funds collected from developers tend to lead to more thoughtful pieces from artists at risk of being priced out of the area.

“At the end of the day, (if) there’s a developer who hires an artist to put out a piece of art, that usually has no association with the site or the city or any kind of regional connection,” he told San José Spotlight. “Then you get what’s called plop art that… some folks may enjoy, but very few do.”

Cupertino adopted its public art program guidelines in 2005. Other surrounding cities have since added a similar in-lieu fee option, including Sunnyvale, Los Gatos and Palo Alto.

The changes could help local artists like Janki Chokshi, president of the Fine Arts League of Cupertino and a watercolor and colored pencil artist for more than 20 years. She said it’s a “win-win” situation for artists and the community, especially for children growing up in one of Silicon Valley’s tech capitals who are more likely to be encouraged to pursue STEM.

“It is essential for a student or a kid to grow up (well-rounded),” Chokshi told San José Spotlight. “So there has to be art and culture involved in the community.”
Varshneya Rohra said the possibilities for art are endless if the policy changes are approved.

“Now we can imagine starting a new program,” she said. “It could be beyond the visual arts, it could be theater. It could be… photography. So this is a space that is an opportunity that could benefit our community, especially the young.”

Contact Annalise Freimarck at [email protected] or follow @annalise_ellen on X.