REPORT TO THE HISTORIC PRESERVATION COMMISSION
December 27, 2021
FROM: MIKE SANCHEZ, Assistant Director Planning & Development Department
BY: ALICIA GONZALES, Historic Preservation Specialist, Planning & Development
Department
SUBJECT
Title
HEARING TO CONSIDER AND MAKE FINDINGS ON DEVELOPMENT PERMIT P21-04497 for the exterior façade improvements and rehabilitation to the Liberty Theatre (HP #171) located at 944 Van Ness Avenue, pursuant to Fresno Municipal Code (FMC) Section 12-1606(a)(2) and 12-1617.
Body
RECOMMENDATION
Staff recommends that the Commission takes the following actions:
1. APPROVE Application P21-104497 for the rehabilitation of the Liberty Theater’s primary façade which faces West toward Van Ness Avenue located at 944 Van Ness Avenue, pursuant to Fresno Municipal Code (FMC) Sections 12-1617, with the following conditions applied:
a. Staff will be allowed to photograph before, during, and upon completion of the project and
b. Any changes to the approved project will be submitted to the Historic Preservation Specialist prior to the commencement of any related work.
2. ADOPT Environmental Assessment, a Categorical Exemption pursuant to CEQA Guidelines Section 15331/Class 31(Historical Resources Restoration/Rehabilitation) .
EXECUTIVE SUMMARY
The Liberty Theater consists of 19,856 square-feet with a building façade of primarily brick and terracotta cover over concrete. The project proposes rehabilitation of the Liberty Theater’s primary façade which faces West toward Van Ness Avenue. This primary façade is an example of an adaptive reuse which embodies both periods of significance; The Liberty Theater and the Hardy’s Theater, will be considered integral to the preservation of this Historic building. The proposed scope of work includes alteration, minimal demolition, removal, and rehabilitation of features on all stories of this building. The Western façade on Van Ness Street is highly decorated with composite order pilasters, the first floor maintains the adaptive reuse when the building became a movie theater, notably the 1950’s marquee reading “Hardy’s”, windowed retail entrance flanked by four encased movie theater poster frames on the North and South sides. The second-floor windows were replaced and altered at some point to three aluminum framed double casement square windows and two oriel windows. The third floor has the original three distinctive arched windows which have both wood and metal framing with multiple lights and are flanked on the Northern and Southern sides with two small rectangular multilight wood framed windows. The fourth story has four small rectangular decorative windows with a unique starred pattern.
BACKGROUND
The Liberty Theater
The Liberty Theater is the oldest surviving movie theater in the City of Fresno and was constructed in 1917 by W.D. Coates and H.B Traver. The Liberty Theater is a 19,856 square-foot 4-story building and is an example of Renaissance Revival style and was added to the Local Register in May 1980 (Attachment). The building has been known by several names and functioned in several capacities since its inception. The Liberty Theater marks one of the early introductions to film existing under this name from 1917-1931. It was renamed the Hardy’s Theater (common name) in 1931 and the large 1950’s style marquee was affixed to the western front façade. It existed as the Hardy’s Theater from 1931-1978 and then it was renamed the Mexico Theater where it began to be a hub for Spanish cinema and another alteration to the front façade consisted of the addition of a large neon style vertical sign which was removed in 2005. The Liberty Theater and the Hardy’s Theater represent the two periods of significance, which demonstrate two distinct time periods for the building’s architecture as well as within the context of the theaters impact to the city of Fresno. The Liberty Theater marks its original form as a Renaissance Revival style building and the Hardy’s Theater marks a time of adaptive reuse. As time goes by, the lifespan of the theater as the “Mexico Theater” will likely age into a period of significance. From 2005 it functioned as a church and went on the market for sale in 2018 and has presently been purchased by The Universal Church. Despite its various alterations and names, the Liberty Theater maintains many character-defining features including Brick and Terra Cotta façade, pilaster decorative elements of the façade, arched windows on the third floor, decorative windows on the fourth floor and the 1950s sign and marquee.
Processing
Building permit No. B20-15423 for “Demolition only” was issued on January 11, 2021. This permit was never reviewed or approved by Historic Preservation staff or the Historic Preservation Commission. Staff was not notified until late February/ early March that this had occurred. Historic Preservation staff immediately conducted a site visit with a staff member of the building department, gave an overview and a recommendation to upper management about the project and informed the Commission at the HPC meeting held on March 22, 2021. The Commission discussed this matter at that meeting which concluded with instructing staff to monitor the project so that the activities fell within the permit’s parameters, monitor historic features and that no exterior alterations were permitted and would require review from the Historic Preservation Commission prior to being issued. Staff informed the applicants of the Commissions expectations. The Commission received an additional update on April 26th from most recent site visit and staff informed the Commission that the applicants would present at the following meeting. Commissioners were sent plans, the power point and all additional information provided by the applicant prior to the HPC meeting on May 24th. The May 24th Commission meeting was canceled due to a technical difficulty with the Zooming Meeting link. Monitoring continued, applicants updated their documents which were then sent to the Commissioners and the item was presented at the June 28th meeting. Commissioners gave feedback to the applicant at this meeting, and it was again emphasized that an additional permit needed to be filed for any exterior alterations. On August 4th Staff from the Planning department, building department, Historic Preservation staff, Code enforcement, 1 Commissioner, 1 Council member and his child, 2 members of Council staff, and the primary applicant conducted a site visit. August 25, 2021, the City Manager, Historic Preservation staff, (2) Engineers from the Building Department and the Historic Preservation Commission Architectural Review Subcommittee; Commissioner Paul Halajian and Robin Goldbeck, conducted a site visit. Since the initial application which received no review or approval from Historic Preservation staff or the HPC, no work has been conducted to the exterior of the building. To date the applicant has completed the initial scope of work for Building Permit No. B20-15423. Building Permit No. B20-15422 was issued At-Risk on July 13,202, however the applicant was informed that it was not to be executed without review and comment from HPC. Review and comment for Building Permit No. B20-154422 occurred on September 27th where alterations for a means of egress were established by the HPC to meet occupancy for the dual residence on the 3rd floor, which consisted of two interior ladders and no alterations to exterior windows. HPC also reviewed and commented on Planning Permit No. P21-04497 at the September 27th meeting where feedback on design plans were discussed which are reflected within the updated plans affiliated with this report.
Historic Preservation staff has determined the proposed project falls under the Duties and Powers of the Commission under FMC Section 12-1606 (a)(2) which outlines the Duties and Powers of the Commission:
“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.”
Therefore, the project must obtain the HPC review and approval prior to beginning work on the exterior of the Theater.
Project Proposal
The project proposes rehabilitation of the Liberty Theater’s primary façade which faces West toward Van Ness Avenue. This primary façade is an example of an adaptive reuse which embody both periods of significance; The Liberty Theater and the Hardy’s Theater, will be considered integral to the preservation of this Historic building. The proposed scope of work includes alteration, minimal demolition, removal, and rehabilitation of features on all stories of this building. The scope of work is detailed as follows:
First story/ground level: The existing exterior plaster façade will remain, the existing sign boards which flank the entrance at the northern and southern edges will remain in place in their original form and chrome coloring. They will be cleaned; dents and damage will be repaired as needed. Existing chrome ventilation above the sign boards will remain in place and will be rehabilitated for an aesthetic feature matching the sign boards which are original to the Hardy’s Theater time period and character. The existing storefront doors and windows will be removed and replaced with a bronze storefront which has spandrel glass with fixed glazing and tint. Both doors on the northern and southern adjacent to the sign board will be removed and replaced to match the existing, size and configuration, however the door on the Southern end will be a one-hour black fire rated door. The 1950 historic Hardy’s marquee which hosts two marquee boards and the lighted sign which reads “Hardy’s” will remain in place. Any general maintenance of deteriorated materials, features, finishes will be restored to their original form and character. The marquee boards will remain in their original form; however, the applicant proposes that they will now display the Universal Church logo which reads “Jesucristo Es El Señor Universal.” This alteration must remain something that can be removed without altering or damaging the marquees character if ownership and use changes in the future.
Second story: The only proposed alteration is the removal and replacement of (3) non-historic aluminum framed windows with aluminum framed double pane multi-light windows. The (2) windows which flank the Northern and Southern edges will be repaired and restored in-kind.
Third story: (2) windows which flank the Northern and Southern edges will be enlarged vertically and a ladder installed interiorly to satisfy the Fire Departments escape requirements (dwelling). The (3) wood framed multi-light arched windows which are original to the building with single panes are proposed to be replaced with an option of either new double pane multi-light aluminum framed windows to match both the form and style of the original windows or a new wood framed window. Removal of original outrigger to the Southern edge of the building.
Fourth story: Removal of the Mexico Theater iron sign mounts will be removed, and all other exiting features will remain in place and any damage to the (4) decorative windows will be replaced in-kind and restored to its original character.
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 12-1606 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 12-1617 outlines the Historic Permit review process.
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) 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
a. Finding 1. Can be made because the application for the proposed project meets the Secretary of the Interior standards 1, 6 and 9 and is not detrimental to the special historical architectural or aesthetic Interest or value of the Historic Resource.
(2) The action proposed is necessary to correct an unsafe or dangerous condition on the property; or
a. Finding 2. Cannot be made as there are no exterior actions which account for unsafe or dangerous conditions in this project proposal
(3) Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the applicant, the Commission must find facts and circumstances, not 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
a. Finding 3. Cannot be made as there has been no evidence brought by the owner or applicant of economic hardship.
(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 that the Historic Resource.
a. Finding 4. Cannot be made because this property is a privately owned building and is not directly used to benefit the public health, safety, or welfare of the public.
(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.
a. Finding 5. Cannot be made because the project proposal does not include a relocation of a Historic Resource.
FMC Section 11-719 Means of Egress:
The portion of the building converted to a joint living and work quarter shall be provided with means of egress as required for a new building, except that the alternative requirements of Sections 11-100.514.1 through 11-100.515.5 may be used. As discussed above, review and comment for Building Permit No. B20-154422 occurred on September 27th where alterations for a means of egress were established by the HPC to meet occupancy for the dual residence on the 3rd floor, which consisted of two interior ladders and no alterations to exterior windows. An existing fire escape which is in good operating condition may be used as a second means of egress.
FMC Section 11-1736 Historical Building Provisions
Qualified Historical Buildings may use the State Historical Building Code.
The Secretary of the Interior’s Standards for Rehabilitation:
Rehabilitating and replacing roofing materials that are too deteriorated to repair where the overall form and detailing are still evident, while using a compatible substitute material is considered given its economic feasibility and meeting current health and safety guidelines.
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 6
Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
Standard 9
New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
California Historical Building Code (CHBC) (Title 24, Part 8)
8-102.1.1 Additions, Alterations, and Repairs
It is the intent of the CHBC to allow nonhistorical expansion or addition to a qualified historical building or property, provided nonhistorical additions shall conform to the requirement of the regular code. See Chapter 8-2
8-2 Definitions
Rehabilitation. The act or process of making possible a compatible use for qualified historical building or property through repair, alterations and additions while preserving those portions or features which convey its qualified historical, cultural, or architectural values.
Repair. Renewal, reconstruction, or renovation of any portion of an existing property, site or building for the purpose of its continued use.
8-5 Means of Egress.
8-501.1 Purpose
The purpose of this chapter is to establish minimum means of egress regulations for qualified historical buildings or properties. The CHBC requires enforcing agencies to accept reasonably equivalent alternatives to the means of egress requirements in the regular code.
8-502.2
Existing door openings and corridor widths of less than dimensions required by regular code shall be permitted where there is sufficient width and height for the occupants to pass through the opening or traverses the exit.
8-503 Escape or Rescue Windows and Doors
Basements in dwelling units and every sleeping room below the fourth floor shall have at least one openable window or door approved for emergency escape which shall open directly into a public street, public way, yard or exit court. Escape or rescue windows or doors shall have a minimum clear area of 3.3 square feet (0.3m²) and a minimum width or height dimensions of 18 inches (457 mm) and be operable from the inside to provide a full, clear opening without the use of special tools.
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.
CONCLUSION
Staff recommends that the Commission approve Application P21-104497 for the rehabilitation of the Liberty Theater’s primary façade, with the proposed conditions of approval. )
Attachments:
Attachment A: Site Plans & Elevations P21-04497
Attachment B: Historic Resource Inventory [1978]
Attachment C: Resolution 80-369 [1980]
Attachment D: Map
Attachment E: Environmental Assessment [12/23/2021]
Attachment F: Minutes, Site Plans & Elevations, Renderings, Egress Window from HPC [09/27/2021]
Attachment G: Recommendations & Comments Table [10/04/2021]
Attachment H: Elevation for Casement Transom
Attachment I: Elevation for Casement
Attachment J: Elevations for Glider
Attachment K: Elevation for Single Hung
Attachment L: Front Window Dimensions
Attachment M: Window Option 1
Attachment N: Revised Building Elevation