REPORT TO THE HISTORIC PRESERVATION COMMISSION January 24, 2022 FROM: MIKE SANCHEZ, Assistant Director Planning and Development Department BY: ALICIA GONZALES, Historic Preservation Specialist Planning and Development Department SUBJECT ..Title HEARING TO CONSIDER AND MAKE FINDINGS ON APPLICATION P21-05982 for the installation of (2) illuminated letter signs to the Tower Theater (HP# 190) located at 805 E. Olive Ave. pursuant of 12-1617. ..Body RECOMMENDATION Staff recommends that the Historic Preservation Commission (HPC) take the following actions: 1. APPROVE: Application P21-05928 for the installation of (2) illuminated letter signs to the Western and Southern elevations of the Tower Theatre located at 805 E. Olive Ave., Fresno, Ca 93728 pursuant of 12-1617, because the method of attachment requires each letter be bolted into the buildings wall causing damage to the building's exterior facade. a. In addition, the Commission is encouraged to make recommendation to use existing holes to affix the sign minimizing damage to the exterior of the building. EXECUTIVE SUMMARY The owner of CDT Cocina Mexican restaurant located within the Tower Theatre property addressed at 805 E. Olive Ave filed application P21-05982 for the installation of (2) illuminated letter signs on November 11, 2021, and the application was accepted on January 3, 2022. Staff brought this application to the attention of the HPC Chair who asked to have this item placed on the agenda. The project proposes alteration to the exterior of a Historic Resources and should be considered for Historic Review. Primary concerns for Staff are the methods of attachment to the wall, as they will bore into the structure causing damage to the exterior fa�ade. Pursuant to FMC 12-1617 staff requests that the Commission consider and make findings on application P21-05982.. BACKGROUND The Tower Theatre [b. 1939] HP#190 is listed on the National Register of Historic Places and is located at 1201 N. Wishon (777 E. Olive Ave. alternate address) (APN 451-26503). The Tower Theatre functions as a mixed-use facility, consisting of a high-profile single-story auditorium; historically for motion-pictures, flanked by nearly identical low profile single-story retail wings. The building was placed on the site with its frontage on property lines at the southeast corner of a 2.12-acre city block. The 20,000 square foot theatre was oriented on a 45-degree axis to the corner site. It was constructed with a composition-surfaced bowstring roof. Two composition-surfaced flat-roofed retail wings, one 115' in length east (Wishon Ave.) and the other 110' in length south (Olive Ave.). The Theatre is a Streamlined Modern style theater building. The retail wings maintain some of the original painted wood casework plate glass storefront window coupled with modern aluminum store front windows which have be changed throughout the property's life span. Cobalt blue ceramic tile wainscot and tractable overhead blue & and white stripe canvas awnings still mimic the original storefronts. A 26" high wainscot runs the full length of the southern elevation and almost the full length of the easter elevation. Historically lease bays in the retail wings were unembellished, unimproved shell spaces separated by light weight, nonstructural demising walls. The earliest retail business to function in the theater buildings rental spaces were a music shop, beauty shop, linen shop, a home appliance shop, and a delicatessen. The period of significance for the Tower Theatre are 1939 and 1940. The Tower Theatre received its local designation when it was adopted by the Fresno City Council in 1989 and was listed on the National Register in1992. The Tower Theatre was designed by S. Charles Lee and built by Trewhitt, Shields & Fisher who were major Central San Joaquin Valley General Contractors. The applicable National Register Criteria for the Tower Theatre falls under Criteria C: That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. Project Proposal The owner of CDT Cocina Mexican restaurant located within the Tower Theatre filed application P21-05982 for the for the installation of (2) illuminated letter signs which is subject for Historic Review. These request entail exterior alterations visible from the public right-of-way which could potentially affect the significance of a historic resource. Because this project proposal is an exterior alteration, the Commission Chair has requested review by the Historic Preservation Commission. The sign installation plan entails a 47.6"X72" sign of Led Halo Illuminated channel letters with dual color film face in black which reads CDT Cocina which is centered on the anterior portion of the southern elevation (facing Olive Ave.). The attachments proposed are with 14X6" Lag screws at a minimum at 4 per letter which will be drilled into all to secure the sign to the wall. This also includes black PVC spacers which are also screwed into the exterior wall and the sign has an electrical connection installed behind the wall (not visible by the public). The Western elevation (facing the parking lot) entails 36" X36" LED Halo illuminated channel letters with dual color film face in black, which a black circular background which reads CDT Cocina which is in the most southern anterior corner of the wall. This sign also attached with 14X6" Lag screws at a minimum at 4 per letter which will be drilled into all to secure the sign to the wall with black PVC spacers. Upon initial review of application P21-05982 for the Tower Theatre, Staff finds that the signs overall design, lettering style and color are appropriate for a commercial storefront property in the area. Staff has reached out to the Tower District Design Review Committee who reviewed the project at their December 28,2021 meeting and voted unanimously to approve the sign. The Tower District Specific Plan Area Design Guidelines says the following referencing Wall Signs (referred to as "occupancy signs" in the zoning ordinance): * Wall signs are the preferred sign type for indicating the name and nature of a business located within a retail storefront. * Storefront fasciae and friezes are the most appropriate locations for wall signs. * Wall signs on fasciae, friezes, lintels, piers, spandrels, and other areas should be sized to fit within these surfaces and not extend beyond them. * Wall signs should be centered over the corresponding storefront entrance. If a large store spans multiple bays, the wall sign may be centered over the whole frontage occupied by the store. * No wall signs should be located within the storefront pier except for barbershop poles, restaurant menus, and upper-floor tenant directories. Staff finds that both signs' methods of attachment to the wall, as they will bore into the structure causing damage to the exterior fa�ade. Previous iterations of retail wall signs at this location have been painted wall signs applied directly to the wall. Therefore, Staff recommends denial of this application. However, Staff agrees that an appropriate temporary wall sign would complement the building and could create spatial definition for the store front and enhancing the building's historic integrity by highlighting the character-defining feature of the storefronts along the southern and western elevations. The Commission is encouraged to make recommendations for an appropriate redesign which would be considered temporary, would be affixed in a less invasive manner and able to be removed with minimal damage to the exterior of the building. Duties and Powers of the Commission The City's Historic Preservation Ordinance is located at Chapter 12, Article 16 of the Fresno Municipal Code. Section 1606 outlines the duties and powers of the Commission. Section 1606 (a) (2) specifically refers to the duties entailing review of alterations to historic resources: The regulation of exterior alterations visible from a public right-of-way including demolition, relocation and new construction, and interior alterations which would affect the significance of Historic Resources or Historic Districts Section 1617 outlines the Historic Permit review process. (a) It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct or restore any Historic Resource without first obtaining a city permit and the written approval of the Historic Preservation Commission. Section 12-1617 (c) provides that: Any application or proposal which proposes the substantial alteration of an Historic Resource shall also be referred to the Director of the Development Department for environmental review. No hearing shall be held by the Commission for applications or proposals to demolish, grade, remove or substantially alter the Historic Resource until such application or proposal has undergone environmental review in accordance with the California Environmental Quality Act. Section 12-1617 (g) provides that: After consideration of the final environmental document, all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal. Section 12-1617 (h) provides that: No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings: 1) (1) The proposed work is found to be consistent with the purposes of this article and the Secretary of the Interior's Standards, not detrimental to the special historical, architectural, or aesthetic interest or value of the Historic Resource; or 2) (2) The action proposed is necessary to correct an unsafe or dangerous condition on the property; or 3) (3) Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant's own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable economic beneficial use of the property or derive a reasonable economic return from the property in its current form; or 4) (4) The site is required for a public use which will directly benefit the public health, safety and welfare and will be of more benefit to the public than the Historic Resource. 5) (5) For applications for relocation of an Historic Resource, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the Resource and that the relocation is part of a definitive series of actions which will assure the preservation of the Resource. Fresno Municipal Code Findings Based upon analysis of the application, staff concludes that the required findings of FMC Section 12-1617(h) to approve this application can be made because: FINDING 1. The proposed work is found to be consistent with the purposes of this article and the Secretary of the Interior's Standards 2. Standard 2 provides the historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided. Documentation explains and show that that the retail wings were unornamented and simple by design. Ornamentation of these tenant bays with signs are temporary fixtures which can be removed without altering the character of the historic building. Additionally, the Secretary of the Interior's Guidelines for the Treatment of Historic Properties, rehabilitation section recommends Identifying, retaining, and preserving storefronts and their functional and decorative features that are important in defining the overall historic character of the building. The storefront materials (including wood, masonry, metals, ceramic tile, clear glass and pigmented structural glass) and the configuration of the storefront are significant, as are features, such as display windows, base panels, bulkheads, signs, doors, transoms, kick plates, corner posts, piers, and entablatures. The proposed work is not detrimental to the special historical, architectural, or aesthetic interest or value of the Historic Resource because the installation attachments cause damage to the exterior wall of the retail wing of the Tower Theatre. FINDING 2. The installation of (2) illuminated signs with the business name are not necessary to correct an unsafe or dangerous condition on the property. FINDING 3. The denial of the application will not result in unreasonable economic hardship to the owner. FINDING 4. The site is not required for a public use which will directly benefit the public health, safety and welfare and will be of more benefit that the Historic Resource. FINDING 5. This is not an application for relocation of an Historic Resource. FMC Section 11-1736 Historical Building Provisions Qualified Historical Buildings may use the State Historical Building Code. The Tower District Specific Plan Area Design Guidelines 1. General Sign Guidelines � Signage should be architecturally incorporated into the building and should not obscure architectural features of the building. Signs should be mounted in locations that respect the design of a building and should not cover windows, grillwork, pilasters, cornices, and ornamental features. � Each business should be entitled to at least 40 square feet of sign area, and no individual sign should exceed 100 square feet in area. � The total area of all signs for a building should not exceed 10% of the fa�ade area of the building (or portion of the fa�ade area that corresponds to a single business). � For buildings with multiple tenants, a master sign program should be approved (refer to zoning ordinance). � Internally illuminated "can" signs are inappropriate and are discouraged. � Painted wall signs should be designed and applied by a professional and should be of high quality � Signs should be constructed of high-quality materials that are appropriate to a pedestrian environment, such as wood, metal, or neon. � Signs should have individual raised lettering and should be externally illuminated. � The sign's content should be limited to the business name or logo. � All electrical conduits should be concealed from public view. 2. Wall Signs (referred to as "occupancy signs" in the zoning ordinance): � Wall signs are the preferred sign type for indicating the name and nature of a business located within a retail storefront. � Storefront fasciae and friezes are the most appropriate locations for wall signs. � Wall signs on fasciae, friezes, lintels, piers, spandrels, and other areas should be sized to fit within these surfaces and not extend beyond them. � Wall signs should be centered over the corresponding storefront entrance. If a large store spans multiple bays, the wall sign may be centered over the whole frontage occupied by the store. � No wall signs should be located within the storefront pier except for barbershop poles, restaurant menus, and upper-floor tenant directories. The Secretary of the Interior's Standards for Preservation: Standard 1 A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. Standard 2 The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided. Standard 5 Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved. The Secretary of the Interior's Guidelines for the Treatment of Historic Properties: Preservation Recommended: Identifying, retaining, and preserving storefronts and their functional and decorative features that are important in defining the overall historic character of the building. The storefront materials (including wood, masonry, metals, ceramic tile, clear glass, and pigmented structural glass) and the configuration of the storefront are significant, as are features, such as display windows, base panels, bulkheads, signs, doors, transoms, kick plates, corner posts, piers, and entablatures. Rehabilitation Not Recommended: Using new, over-scaled, or internally lit signs unless there is a historic precedent for them or using other types of signs that obscure, damage, or destroy character-defining features of the storefront and the building. FMC Section 12-1617 (b) provides that: Upon receipt of an application or proposal for a demolition, grading, removal or building permit for any Historic Resource, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the application or proposal without the authorization of the Specialist. Also, written notice shall be provided to all property owners within a 2,000-foot radius of the subject property, measured from property line to property line, and to the Councilmember for the applicable District, of the application at least fourteen days prior to any scheduled hearing before the Commission. The Director of the Development Department may approve, in the name of the Commission, non-substantial alterations to the Historic Resource based on the application presented. In accordance with Section 12-1617 of the FMC, the Planning and Development Department mailed notices of this Commission hearing to surrounding property owners within 2,000 feet. ENVIRONMENTAL ANALYSIS Environmental review is required by Fresno Municipal Code Section 12-1617(c): ...No hearing shall be held by the Commission for applications or proposals to demolish, grade, remove or substantially alter a property within any Historic District until such application or proposal has undergone environmental review in accordance with the California Environmental Quality Act If the Commission find that the proposed plans for the building appear to be consistent with the Secretary of the Interior's Standards, then the project can utilize a Categorical Exemption Class 31 which includes: "Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties...." (CEQA Guidelines, CELSOC 2006). Further, none of the exceptions in CEQA Guidelines 15300.2 apply to this project. CONCLUSIONS Staff recommends that the Historic Preservation Commission (HPC) DENY application P21-05928 for the installation of (2) illuminated letter signs to the Western and Southern elevations of the Tower Theatre located at 805 E. Olive Ave., Fresno, Ca 93728 pursuant of 12-1617. ATTACHMENTS: Attachment A: National Register of Historic Places Nomination [1992] Attachment B: Resolution 89-49 [1989] Attachment C: Application Packet Attachment D: Tower District Design Review Committee Minutes [12/28/2021] Attachment E: Tower District Design Guidelines [page 70-82] Attachment F: NPS Preservation Brief 25: Historic Signs Attachment G: Historic Photos [1939 & 1991] Attachment H: Environmental Assessment [CEQA Categorical Exemption Class31] Attachment I: Building Department Report [01/19/2022] Attachment J: Historic Resource Permit Checklist