HomeMy WebLinkAboutRES 20-7251 (CERTIFICATE OF APPROPRIATENESS FOR MURAL DISPLAY)ii
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RESOLUTION NO.20-7251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CERTIFICATE OF
APPROPRIATENESS TO ALLOW A MURAL DISPLAY MEASURING
APPROXIMATELY 3,376 SQUARE FEET ON THE WEST FACING
BUILDING WALL OF THE HISTORIC BIJOU BUILDING LOCATED AT
1221 HERMOSA AVENUE AND DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTIONS
15301 AND 15061(B)(3) UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
WHEREAS, built in 1923, the Bijou Building was designated as a historical landmark,
pursuant to Hermosa Beach Municipal Code Section 17.53.070, by the City Council in 1999. This
designation was based on the distinctive architectural style (Neoclassical Revival) and the building
exemplified the early social and economic history of Hermosa Beach; and
WHEREAS, on July 1, 2020, an application for a Certificate of Appropriateness was filed
by Steve Izant for Hermosa Mural Project (hereinafter "Applicant"), requesting to allow a apply
mural display measuring approximately 3,376 square feet on the west facing building wall of the
Bijou Theater Building using a combination of painting directly on the existing wall, and applying
a painted fabric to the existing wall, which depicts an image and tribute to the demolished historic
Sand & Surf Club a.k.a the Hermosa Biltmore Hotel; and
WHEREAS, the City's Community Development Department, reviewed the proposed
mural display for consistency with the Secretary of Interior's Guidelines; and
WHEREAS, the City Council of the City of Hermosa Beach conducted a duly noticed
public hearing to consider the request on July 28, 2020, at which time testimony and evidence,
both oral and written, was presented to and considered by the City Council; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth
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in this Resolution are true and correct.
SECTION 2. The proposed project is Categorically Exempt pursuant to Sections 15301
and 15061(b)(3) under the California Environmental Quality Act (CEQA) because the project
involves minor exterior alterations to an existing facility. Pursuant to CEQA Guidelines Section
15064.5(b)(3) generally, a project that follows the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings (1995), (Weeks and Grimmer), shall be
considered as mitigated to a level of less than a significant impact on the historical resource. The
building is a designated historic resource and while a temporary alteration to the exterior, this
action is found to be categorically exempt from CEQA as defined in Sections 15301 and
15061(b)(3), Historical Resource Restoration/Rehabilitation, because the mural project involves
minor and temporary exterior alterations to an existing facility, in a manner consistent with the
Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitation, Restoring and Reconstruction Historic Buildings. There is no evidence
in the record that the temporary mural on the west fagade will impact the character defining
features of the resource.
SECTION 3. Pursuant to Hermosa Beach Municipal Code Section 17.53.160(A), the City
Council of the City of Hermosa Beach hereby finds, determines, and declares:
A. The proposed work will: 1) conforms to the prescriptive standards adopted by the
Council,-2) will not detrimentally alter, destroy or adversely affect any exterior
improvement or exterior architectural feature; and 3) will retain the essential elements
that make the resource significant. The City's Community Development Department
completed a review of the proposed plans. The proposed project would retain and preserve
the historic character of the Neoclassical style Bijou Building and will not result in the
removal, destruction, or alteration of any character -defining features that contribute to the
subject property's significance as a historical resource. As set out in the July 28, 2020
report to the City Council, all work conforms to the Secretary of Interior's standards for
historical resource restoration. The analysis used a previous report conducted by
Environmental Science Association (ESA) for the City of Hermosa Beach for a Certificate
of Appropriateness Review for a proposed tenant improvements (Project) at 1221
Hermosa Avenue, Hermosa Beach, California ("1221 Hermosa Avenue" or "Project
Site") by Gensler for Beach City Capital (Tenant), dated September 12, 2019 and the 1999
Architectural Resources Survey Report of the Bijou Theater Building prepared by PCR
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Services Corporation for the City of Hermosa Beach, to evaluate the federal, state and
local historical significance of the Bijou Theater Building based upon criteria used by the
National Register of Historic Places, the California Register of Historic Resources, the
City of Hermosa Beach Historic Resource Preservation Ordinance, and survey
methodology of the State Office of Historic Preservation ( OHP), to analyze the project's
compliance with the Secretary of Interior's standards for historical resource restoration.
Nevertheless, conditions of approval need to be incorporated to ensure the project will not
result in potential adverse impacts by causing unintended damage to character- defining
features during application and removal of the mural display. These conditions of approval
are included as part of this action.
SECTION 4. Based on the foregoing, the City Council hereby approves the requested
Certificate of Appropriateness for modifications at 1221 Hermosa Avenue, subject to the
following Conditions of Approval:
1. The project shall be substantially consistent with the application materials
submitted and approved by City Council on July 28, 2020. The
Community Development Director shall review and may approved minor
modifications that do not otherwise conflict with the Municipal Code or
requirements of this approval. Any substantial deviation from the
submitted application materials shall be subject to review and approval
by the City Council.
2. The applicant shall not be permitted to affix scaffolding to the building
wall for the application of the mural project. The applicant shall utilize a
freestanding scaffold for the application of the project.
3. Should the mural display be removed, the applicant shall restore the
stucco on the west facing building wall to its pre-existing condition, prior
to the application of the mural display.
4. The applicant shall comply with all provisions of the Hermosa Beach
Municipal Code (HBMC), obtain all required building, encroachment,
sign and other required permits, and comply with all requirements of the
Building, Public Works and Fire Departments. Project construction shall
conform to the Noise Control Ordinance requirements in HBMC Section
8.24.050.
5. Pursuant to Hermosa Beach Municipal Code Section 17.53.200, Duty to
keep in good repair, the owner, occupant or other person in actual charge
of a landmark building structure or improvement shall keep in good repair
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the exterior portions of all such buildings, structures, or improvements, and
all interior portions thereof whose maintenance is necessary to prevent
deterioration and decay of any exterior improvement or architectural
features.
6. Approval of this Certificate of Appropriateness shall lapse and become
void eighteen (18) months from the date of final approval, unless a building
permit (if required) has been issued and the work authorized by the
Certificate has commenced prior to such expiration date and is diligently
pursued to completion. Upon request of the property owner, including the
reason therefore, at least 60 days prior to the expiration date, the
Certificate of Appropriateness may be extended by the City Council for an
additional period of up to twelve (12) months. The City Council may
approve, approve with conditions or deny any request for extension.
SECTION 5. This permit shall not be effective for any purposes until the permittee and the
owners of the property involved have filed at the office of the Planning Division of the Community
Development Department their affidavits stating that they are aware of, and agree to accept, all of
the conditions of this permit.
The Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the
Community Development Department prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void any permit or approval for this project
authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this permit.
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Although the permittee is the real party in interest in an action, the City may, at its sole discretion,
participate at its own expense in the defense of the action, but such participation shall not relieve
the permittee of any obligation under this condition.
SECTION 6. This Resolution shall take effect immediately. The City Clerk shall certify to
the passage and adoption of this Resolution; shall cause the original of the same to be entered among
the original resolutions of the City Council; shall make a minute of the passage and adoption thereof
in the minutes of the City Council meeting at which the same is passed and adopted; and shall
transmit a copy of this Resolution to the Applicant.
PASSED, APPROVED and ADOPTED this 28t" day of July, 2020.
PRESIDENT of the City Council
ATTEST:
�ppDocu&igned by: + �}
(/O�R�AO SWL1NR.t11�10
M nto, City Clerk
DocuSigned by:
the City of Hermosa Beach, California
APPROVED AS TO FORM:
Dnc: uSigned by
1
�vffeMMMRWs, City Attorney
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20-7251
State of California
County of Los Angeles ) ss
City of Hermosa Beach )
August 11, 2020
Certification of Council Action
RESOLUTION NO. 20-7251
APPROVING A CERTIFICATE OF APPROPRIATENESS TO ALLOW A MURAL
DISPLAY MEASURING APPROXIMATELY 3,376 SQUARE FEET ON THE WEST
FACING BUILDING WALL OF THE HISTORIC BIJOU BUILDING LOCATED AT 1221
HERMOSA AVENUE AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT PURSUANT TO SECTIONS 15301 AND 15061(B)(3)
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
I, Eduardo Sarmiento, City Clerk of the City of Hermosa Beach do hereby certify that the
above and foregoing Resolution 20-7251 was duly approved and adopted by the City
Council of said City at its regular meeting thereof held via teleconference on the
28th day of July, 2020 and passed by the following vote.
AYES: COUNCILMEMBERS ARMATO, DETOY, FANGARY, MAYOR
PROTEMPORE MASSEY, MAYOR CAMPBELL
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
duardo Sarmien o,
City Clerk