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FAC Resolution No. 18-01
CITY OF CUPERTINO 10300 Torre A venue Cupertino, California 95014 RESOLUTION NO. 18-01 OF THE FINE ARTS COMMISSION OF THE CITY OF CUPERTINO APPROVING THE PROPOSED ART AT THE HYATT HOUSE HOTEL DEVELOPMENT SITE LOCATED AT 10380 PERIMETER ROAD SECTION I: PROTECT DESCRIPTION & RECITALS Application: Applicant(s): Location: Public art Mark Battistini (Cupertino Property Development 2) 10380 Perimeter Road (APN #316-20-092) WHEREAS, the Fine Arts Commission of the City of Cupertino received an application for public art at the Hyatt House Hotel development site; and WHEREAS, artwork in private developments is required per Cupertino Municipal Code 19.148; and WHEREAS, the City Council approved the Hyatt House Hotel development application DP-2014-03, where artwork is identified as a condition of approval #16 of Resolution No. 14-202; and WHEREAS, this project is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) and/or Section 15304, Class 4 (Minor Alterations to Land) of the CEQA Guidelines; and WHEREAS, the necessary public notices have been given as required by the Administration Ordinance of the City of Cupertino, and the Fine Arts Commission has held at least one public meeting in regard to the application; and WHEREAS, the applicant has met the findings required to support said application; and WHEREAS, the Fine Arts Commission finds as follows with regard to this application: SECTION II: FINDINGS Cupertino Municipal Code Chapter 19.148.060: Design Criteria and Artist Qualifications. The proposed artwork meets the following criteria: 1. The artwork is of a nature specified in Section 19 .148 .030 . S ec tion 19 .148 .030 (A) identifies sculpture as a permitted artwork. Resolution No. 18-01 Page 2 May 14, 2018 2. 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. The artwork consists of three sculptures located along the front properhJ line adjacent to Perimeter Road. The location of the artwork at the front property line, adjacent to the pool and hotel facade, and in an open area makes the artwork an integral component of the landscaping and building architecture. 3. 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. The artwork would be visible to both motorists and pedestrians who travel by the site because the artwork shall be located in an area at the front of the hotel that is visible from Perimeter Road , a public street . 4. 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 materials are permanent materials requiring a low level of maintenance, because the proposed material is welded structural aluminum . 5. 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. With the proposed three sculptures, the artwork meets the minimum requirements because the proposal adds to the wide range of styles and materials currently represented in Cupertino's catalog of public art. Additionally, the artist lives and/or works in the San Francisco Bay Area but has not been previously commissioned for other works in Cupertino and therefore adds to the diversity of artists. 6. 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 art program meets the criteria stated within City of Cupertino Public Art Program Guidelines for Selection of Public Art, which are incorporated into the findings stated above in section B.1-5 and/or incorporated into the conditions of approval in Section III of this resolution. Resolution No. 18-01 Page 3 NOW, THERFORE, BE IT RESOLVED: May 14, 2018 After careful consideration of the facts, exhibits, testimony and other evidence submitted in this matter, the Fine Arts Commission hereby approves the public art application, based upon the findings described in Section II of this resolution, the public meeting record and the Minutes of the Fine Arts Commission meeting of May 14, 2018, and subject to conditions specified in Section III of this resolution. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the completed packet provided on April 18, 2018 consisting of eighteen (18) sheets, except as may be amended by conditions of this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 4. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents ( collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions . You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution No. 18-01 Page4 6. ARTWORK IDENTIFICATION May 14, 2018 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. 7. PERMANENT INSTALLATION 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. 8. MAINTENANCE Materials used shall be durable and resistant to graffiti and the effects of weather. 9. DUPLICATION To assure that the art work will not be duplicated, the artist shall be asked to warrant that the art work is unique and an edition of one, unless stated to the contrary in the contract and disclosed to the Fine Arts Commission. Multiples shall be considered for selection at the discretion of the Fine Arts Commission. 10. LIGHTING PLAN Applicant shall provide to staff the proposed lighting plan for the art program. The plan shall include, but is not limited to, lighting specifications such as location, size, type, color, controls, timers, and appropriate illumination levels. The Director of Community Development, or staff designee, shall review and approve the lighting plan. PASSED AND ADOPTED this 14th day of May, 2018 at a noticed Public Meeting of the Fine Arts Commission of the City of Cupertino, State of California, by the following vote: AYES: NOES: ABSTAIN : ABSENT: ATTEST: Catarina Kidd Senior Planner COMMISSIONERS: Chair Sanchez, Vice Chair Levine, Matley, Chokshi, Mahalingham, Wu COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none APPROVED: CUPERTINO Development Project Cupertino Public Art Application Form Project Name: f-'YATr Ho\.tSE-Application No: ------------ Address and/or Location :_, o---=-;_,,.j...;;_o ___._e_e="""'~:....;:._\M---'--"'fi--'--'E--'-tt-..,_t<._;_;D _______________ _ Acreage : ,z.,1'2, b.ctt~S Lotsize: (3'2-4~1 SF --~-~---------- BI d g. Sq . Ft. I o l--=,,co sr:=: No. of stories: __ S=----------- Arch. Style: _____________ Bldg. Usage: :----'H_,_o_-r~e\... __________ _ Date of PC approval : __________ Date of CC approval __________ _ Planner Name: Estimated occupancy date: _____,_/....::;,'Z-_·_,__l •_!_:'o ____ _ Detailed project description : __ "™_t __ P_ltO~q_G"_c_:r __ C.G_N_S_I_S_"f_S __ o_v __ 8_A_S_~_M_-e_N'1' __ L-_6'Ve\.t __ f"~'-1 ~(r ~ MA IN t..oS'ti '( t ~f!>T,4.U.JZA.Jv'T / 'f3&R, , ME!cT IN6, f<.1lOM$ j ,& Public Art Overa II project budget (from Pro Fo rma, et a l) ___ ·i_.+---'--, _r;,_o_o-=-,_o_o_o ___________ _ .25 % fo r Art: $_(,~(~5~0_0 ________ Artwork Budget: $---=-(,--=t,'-..L-o_<P_o _______ _ Artwork Name: __ N_/~A ________ Brief description: se<e $-c"-CIN Materials: S-reeL Dimensions: r 1... -( '1-PT -rA\..L Lighted (ftN Estimated installation date : _t_l_,_f _. _I 5-=------ Detailed description of art (loc ation, materials, function, landscaping, li g hting, pedestal, etc.): __ Tl-<E' t::"Cff(Je Wll..l-15~ L-OCA,T!!'.,t> .:TUST oU't'S!De -?f f'°OOL AIU:A £) II V Q "I Det ail ed de scr iption of id entifying pl aqu e (loc ation, mate rials): __ w __ .... __ u_~F_L>_a_u_e. ___ _ _ w"---=-r_l,\..., __ u __ A~-n-~A_d-l_eP __ "T"~_=e,_,._s_e._~::r-'--P~e~r-J_,,--=-1~F~Y ....... t ,v'---"'c."'----',A'--~---':,-_t~~T_,__~ _ ___._P-'-'~~(l"e'C---=C.Lr_...,_N_~ Cup ertin o Publi c A rt Application Fo r m Pag e 2 Project Name: 1-\'{A-M" KOU~Er Application No:----------- Contacts Developer: C...U t""ep:r,rvo f'rt.of"e)l.l)' De"Vv Ull°M6NT --z, Address: I ~es '2-0 S'-reVeNS atft. e,, . ..vo ,it; "'Z.OO ) cl.I 1°61i-"t'l No , CJ. ~ c, 0 1 "1- Phone (offic e): fa$. ~+i . l0 ~8 Phone (cell): c;,so , '=f°T'1 · 3"'Z.,'U:P Fa x: 4 O&. ~4-3. cot,~ Email: 140,rn 1,s11 N 1@ l<C..R OfiVE;LorMt.rN"f. (J)l\.1 Artist: "1"AM1f.S MOD~ Address: Po aox 3 -z..-o 1,..8) 4 Phone (office): 408. '=''f· ~-=tot:) Phone (cell): f l t:5 . 49-:J-, 1'4-'1 1 Fax: __ ~----------Email: 0-AMt:SiV\OO~CA ~ eA\'l .... T~ \.-I tJtc. NE'T Submitted by: Date Printed name IMPORTANT: ATTACH SITE PLANS, ELEVATIONS, AND A LIST OF ANY OTHER PERTINENT INFORMATION CUPERTINO Cupertino Public Art Eligible Costs Worksheet ITEM ESTIMATED ACTUAL COST COST Artwork price $ $ • materials $ )0, Ot9C $ • fabrication $ lo , O~() $ • engineering fees $ $ Art Consultant's fees $ $ Lighting Consultant's fees $ $ Transportation of artwork $ $ • shipping $ $ • crating $ $ • truck rental $ $ Installation of artwork $ $ • site preparation* $ 01 ooo $ • labor $ .Z..1 ",oo $ • professional fees $ $ • equipment rental $ '?'1 0'10 $ • special hardware/tools $ I 1 000 $ Pedestal or display costs** $ ~, 000 $ Lighting for artwork $ C;, 000 $ Identification plaque $ c;oo $ .,.-o,A L ,ff <., <.,, 1 00{) DATE VERIFIED *Direct ly related to the installation of the artwork (ie: trenching for lighting conduit, piping for water if water was not previously included in the project, concrete footings, etc.) **If not already included in the artwork price. APPLICANT MUST A11ACH THE PROFORMA (OR EQUIVALENT) TO ILLUSTRATE TOTAL PROJECT COSTS. Artist 's Bio James Moore Born 1959, Oakland , CA Through more than 30 years of sculpting, Moore has never forgotten his roots in rural Caruthers, a small agricultural town in central California. His exposure to working the land gave him a strong work ethic and an endless fascination with the idea of human possibility. One day , under the shade of a large walnut tree, he was drawn to a twisted fallen branch. Picking it up, and with a simple carpenter's hammer and chisel he began to uncover the form inside . This was the beginning of his life as an artist. The form he carved that day, more than 30 years ago, continues to shape his life today. The road to the present was circuitous, and included careers in banking, commercial credit for an international camping gear manufacturer, and a side interest in competitive bodybuilding. But above all there was the endless , unquenchable desire to sculpt. Following this desire eventually led Mr. Moore to make the commitment of a lifetime, creating a monument-sized sculpture for Kaiser Permanente in Oakland, California. It was the jumping off point, and created a base for full time sculpting . He has never looked back. He has developed a simple visual vocabulary based on the cuboid to describe the human form . When the rules of figurative proportion and balance are applied, the resulting figures capture the essence of movement and gesture. With a combination of simple lines and planes his work speaks to individuals on many levels that range from fun and playful to thoughtful and introspective. Moore 's work is in the collections of individuals across the US and abroad. His public works can also be found in municipal collections in the US. Image 01 Fisherman, 2014 Welded Stainless Steel 12'h X 7'w X 3'd Public Commission -Harbourside Place, Jupiter FL -Allied Capital & Development Image 02 Balancing Act, 2010 Laurel Street Park, San Carlos, CA Welded stainless steel, 78"h x 36"w x 36"d (each) Public Commission -City of San Carlos, CA Image 03 Bliss In The Moment, 2011 Entrance to Palo Alto Wetlands Hiking trail, Palo Alto, CA Welded stainless steel, 7'hx6wx3'd Public Commission-Palo Alto, CA Image 04 Balancing Act, 2014 San Pedro Square, San Jose Welded structural Aluminum lO'h x 3'w x 3'd Artist initiated temporary public art placement. Image 05 Helium, 2013 Welded Stainless Steel 12'h X 12'w X 14'd Public Commission-Foothill College (Physical Sciences and Engineering Complex) Los Altos Hills, CA Artist Statement More than thirty years ago, as I sat in the shade of a large walnut tree , my attention was drawn to one of its fallen branches. It was small, and old, and it changed my life forever . It was with this small piece of walnut that I began my life as an artist. With a rustic carpenter 's hammer and a old wood chisel, I began removing material until the image I saw in my mind 's eye was revealed. That experience set me on a lifelong journey to remove the extraneous and get to "the heart of the matter" -to understand and share elemental truths and universal themes through the sculpture I create . I use a simple visual vocabulary based on the cuboid. When the rules of figurative proportion and balance are applied, the resulting abstract figures capture what I see as the essence of movement and gesture . I see the human form as a vessel that stores and expresses an endless reserve of possibilities. And so my greatest inspiration continues to be the expression of the human spirit through movement and gesture .. While my sculptures are composed of materials that are obviously strong and durable , they also have a compositional quality that suggests lightness and fluidity . It 's this combination of hard-edged structure and compositional flow that I believe makes my work both engaging and accessible. By imbuing my work with a sense of optimism and possibility it 's my intention to contribute something positive to the conversation about what it means to be human. I 'm as excited about sharing that vision today as I was all those many years ago sitting under that beautiful old walnut tree . James Moore , artist "Star Gazers" Hyatt House, Cupertino I believe that public art is most relevant when it reflects something important about the community in which it exists. My working definition of community is simply a group of people who share a common space and also share a reason for being in that space. That community may be a neighborhood, a town, or a coffee house. It may be relatively permanent or mostly fluid. I believe that public art needs to be inclusive and allow room for each member of the community to see themselves reflected in the work -either who they are or who they aspire to be. My work accomplishes this by reflecting back those qualities, desires, and aspirations shared across cultures, genders and socio-economic circumstances. My overarching desire as a public artist is to make a positive and enduring contribution. This desire is expressed in both the themes I explore and the materials I use. The theme I've chosen for the Hyatt House, Cupertino project is based on the idea of "possibility". As an artist I've always been found excitement in exploring the "what ifs". I've found that engaging in those explorations does more than broaden the mental landscape; it renews the heart and refreshes the soul. The site proposed for this project directly influenced the compositions for "Star Gazers". The poolside location supported by the hotel's massing presented an opportunity to use an anchored composition that relates to the open sky. The opportunity here was to introduce imagery that addresses adults as well as children using the familiar imagery of a figure sitting in a lifeguard chair. This imagery in turn becomes an opportunity to introduce a broader theme: "to think, to dream, to be" which is embodied by a figure looking towards the sky and imagining the "what ifs". I can imagine children seeing the sculptures as lifeguards -always on duty. I can imagine adults relaxing poolside after a hectic day, looking over and following the gaze of the figures as they look out into an evening sky filled with possibility. Jomes Moore, Artist 415-497-1441 Star Gazer Concept Sketch for Hyatt H ouse, Cuperti no > CA J ames Moore ,Arti st ©2018 Star Gazers Model \ \ \ S! ~ \ ~ \ l .. ' ~ a \ 2 \ --IO Q l"f\ C. '--\ ~ ~ j 1 5 t; ~ 0. 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