REPORT TO ARTS COMMISSION
SUBJECT
Title
Recommend Arts Commission Approve Art in Private Development Project - 1250 Lakeside Drive/MSocial Hotel (Wittek Development)
Report
BACKGROUND
Under the City’s Art in Private Development Ordinance (Sunnyvale Municipal Code (SMC) Chapter 19.52), the MSocial project located at 1250 Lakeside Drive is required to provide public art. This project was permitted prior to the adoption of the Master Plan for Public Art in 2020 and, therefore, requires a minimum of 1% of the project’s construction valuation to be allocated for art, which is equal to $190,832.
The procedure established for reviewing artwork is as follows:
1. Review the artist’s background, including their experience and ability to design, fabricate, and install large-scale artwork; and
2. Review the proposed artwork to determine whether the nature and style of the artwork is appropriate to the site; and
3. Determine whether the proposed artwork is appropriate in scale for the overall development; and
4. Review the location of the proposed artwork for accessibility to the public.
The purpose of this report is to request the Arts Commission review and approve the proposed artwork. Under the Art in Private Development Ordinance, the Arts Commission is authorized to make a final determination on the proposed artwork, and the City Council is not scheduled to consider this item.
EXISTING POLICY
Sunnyvale Municipal Code Chapter 19.52 (Art in Private Development)
ENVIRONMENTAL REVIEW
On December 13, 2016, the City Council approved a Supplemental Environmental Impact Report and adopted a Statement of Overriding Considerations and Mitigation Monitoring Program for the Lakeside Specific Plan (LSP) (Reso. # 802-16). The hotel is a key component of the LSP, and inclusion of public art, compliant with the City’s Art in Private Development Ordinance, is a required element of the project.
DISCUSSION
Project Location:
The project is located at 1250 Lakeside Drive (Attachment 1). It is an 8.83-acre site that is mixed-use. Surrounding land uses are:
• North: US Highway 101
• South: Offices/Restaurant (Laughing Munk Brewery)
• East: Hotel (Residence Inn)
• West: High-density residential (Avalon Silicon Valley)
The project is expected to have a substantial number of hotel visitors, nearby residents, and community members utilizing the site.
Project Description: The approved project consists of a 263-room hotel and 250 apartment units; the public art requirement only applies to the hotel portion (Attachment 2). The building for the hotel will be six stories tall with a 3-level above-grade parking garage and a small surface parking lot. The hotel will include a restaurant, meeting spaces, fitness room, bar and lounges, outdoor dining areas, pool, and a rooftop garden. The property also has a man-made lake and promenade along the southern border of the property, creating a large recreational space that will be open to public use.
Artwork Location:
The selected location for the artwork is at the southwest corner of the building, directly adjacent to the front entrance to the hotel (Attachment 3). Suspended from the building’s porte-cochére, the artwork will be visible from the main building entrance, the interior lobby, the main vehicular entrance, nearby condominiums, and adjacent recreation areas. The art installation will be accessible to passersby, whether in cars, on bicycles, or walking. The hotel also boasts one of the largest ballroom/event spaces in the city, available for large weddings, conventions, and other gatherings.
Artwork Expenditures: The developer is required to provide supporting documentation to substantiate the art expenditures and anticipates the budget for the artwork will be equal to or greater than the minimum 1% of the construction valuation requirement. If not, the Developer will be required to contribute the difference to the City’s Public Art Fund.
Selected Artist: Wittek Development has selected artist Ray King for this project (Attachment 4). Mr. King is a New Jersey-based sculptor who has been creating large-scale and studio sculptures for nearly 50 years. He has exhibited his work nationally and internationally, including Italy, Japan, England, Spain, and France. Locally, his work can be seen at the Acura Center in Oakland, the Almaden Community Center and Library in San Jose, and the Veterans Administration Health Care facility in Palo Alto.
More examples of Ray King’s work can be found at rayking.nu.
Artwork Proposal: Lenticular Lens will be a color-changing sculptural installation suspended within the porte-cochére of the new MSocial Hotel (Attachment 5). “The design was inspired by the hotel’s corner architecture and my desire to maximize the dichroic glass elements’ exposure to light angles and thereby enhance the experience of the viewer to the color-changing phenomena,” explains Ray King. “As people approach the Hotel from a distance, the artwork will engage the viewer and spark a sense of wonder and discovery. That is my intention.”
Lenticular Lens will consist of hundreds of 12” diameter (300 mm) x 3/8” thick laminated dichroic glass discs. In a nod to Silicon Valley, they will be the same size as silicon wafers used for computer chips and circuitry. The discs will be suspended vertically in a lenticular pattern (at two distinct angles) from stainless steel cables. This placement will maximize the interaction between the light and the color-shifting nature of dichroic glass. Each disc will change color and transparency depending on the angle of the light source and the movement of the viewer through the space. When light passes through, the glass will reflect blue or magenta; when light bounces and projects off the surface, the glass will appear yellow or green. In addition, the dichroic glass will also cast colored light into the surrounding environment, activating the ground, ceiling, and/or wall surfaces nearby.
Dichroic is a high-tech coating originally developed by NASA for use in spacecraft and telescope lenses. Dichroic glass was first used to protect astronauts from harmful UV rays and spacecraft instruments from cosmic radiation. Known for its color-changing properties, dichroic glass is created when thin layers of metal oxides are deposited on glass, causing different colors to be reflected and transmitted at various angles.
The glass discs will be laminated with dichroic coating and interlayered to create safety glass. In the unlikely instance that one is struck with force, any cracked pieces will remain adhered to the
interlayer, preventing them from falling. The discs will be connected in a way that will keep the individual components from swinging and moving excessively when windy.
The artwork will measure 39’ long and 38’ wide. The discs will float in a 4’-6’ high area, hanging 8’-10” from the ceiling and, to be out of reach, 8’-6” from ground level. The total weight of the work is estimated to be 1,795 lbs. A 1”-1½” metal frame will be suspended from and anchored into the building slab above to support the stainless-steel cables and glass discs.
Maintenance: The artwork will require minimal maintenance. Stainless steel and laminated safety glass are durable and expected to be impervious to the elements. The glass components hang vertically and will not collect dust and can be cleaned with water if needed. Maintenance of the art will be the responsibility of the property owner.
Lighting Plan: Art in Private Development projects are required to submit lighting plans (SMC Section 19.52.050) to ensure lighting is incorporated into the overall art proposal. Final review and approval of the lighting plan and light fixtures are overseen by the Community Development Department as part of the permitting and installation process. This process allows for adequate review to verify that the art lighting is following the various specific and precise plans within the City and the applicable design guidelines and standards, including Bird Safe Guidelines, Dark Sky Requirements, and Lakeside Specific Plan.
The Installation will be downlit by a series of light fixtures mounted to the ceiling and focused on the dichroic discs (Attachment 6). The interior building lights and nearby exterior lighting will provide additional ambient lighting.
Art Bond: The City has collected security in the form of a bond to guarantee the installation of the art. The bond will be held until the completion of the public art requirement, consistent with SMC Chapter 19.52 (Art in Private Development). The requirement will be deemed complete when the following conditions are met:
1. Art installation
2. Plaque installation
3. Lighting installation
4. Covenant recording, which requires the property owner to keep and maintain the art
5. Verification of the 1% expenditure
FISCAL IMPACT
If the artwork is approved, the developer will be responsible for design, fabrication, installation costs, and ongoing maintenance of the artwork. There is no fiscal impact on the City’s operating budget other than incidental staff time to monitor the project, which is budgeted in the Art in Private Development Program.
PUBLIC CONTACT
Public contact was made by posting the meeting agenda on the City's official-notice bulletin board at City Hall. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Approve Art in Private Development Project - 1250 Lakeside Drive/MSocial Hotel (Wittek Development)
2. Do not approve Art in Private Development Project - 1250 Lakeside Drive/MSocial Hotel (Wittek Development)
RECOMMENDATION
Recommendation
Alternative 1: Approve Art in Private Development Project - 1250 Lakeside Drive/MSocial Hotel (Wittek Development)
Justification
JUSTIFICATION FOR RECOMMENDATION
Staff concludes that the artwork meets the Art in Private Development requirements and will be very visible because of its large-scale, suspended installation and vibrant color-changing materials. Initially, staff had concerns about the selected location because it was approximately 140 feet from the public right of way, and staff questioned how visible the artwork would be to viewers off the property. However, a review of other locations presented obstacles that could not be eliminated:
• Landscaped area along Lakeside Drive includes a bioswale and mature trees
• Teardrop-shaped median located in the driveway between the hotel and the adjacent apartment building is outside the property line of the hotel
The developer completed a study showing the anticipated site lines for the artwork at the porte-cochére location (Attachment 7). They also agreed to relocate several planned/new trees near the vehicular entrance that would have obstructed the sight line from the main entrance. Staff is comfortable that the artwork will be highly visible.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits City officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
_x_ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Kristin Dance, Recreation Services Management Analyst
Reviewed by: Trenton Hill, Recreation Services Manager
Reviewed by: Jesus Raygoza, Superintendent of Recreation Services
Approved by: Michelle Perera, Director, Library and Recreation Services
ATTACHMENTS
1. Vicinity Map
2. Site Plan
3. Artwork Location
4. Ray King Resume and Past Works
5. Lenticular Lens Proposal
6. Lighting Plan
7. View Corridor Study