STAFF REPORT
Meeting Date: September 12, 2022
To: Honorable Mayor & City Council
From: Ryan Gohlich, AICP, Director of Community Development Mark Odell, Urban Designer
Subject: Request by Councilmember Mirisch to Discuss Whether to Order a Review of the Architectural Commission’s Decision Conditionally Approving a Sign Accommodation to Allow the Installation of a Mural Located at 139 South Beverly Drive
Attachments: 1. Beverly Hills Municipal Code §1-4-201
2. Beverly Hills Municipal Code §10-4-319
3. Architectural Commission Resolution 39-22
4. Project Plans
INTRODUCTION
Councilmember Mirisch has requested this item be placed on the Council’s agenda to determine if there is Council support to call the subject Architectural Commission decision up for review. If the Council orders the review, staff recommends setting the hearing for Tuesday, October 18, 2022.
DISCUSSION
On July 27, 2022, the Applicant was issued a Special Events permit to allow a temporary Branded Arts Mural, by the artist Dean Stockton, including an unveiling and ribbon cutting event. The subject site for the mural was the north-facing wall of an existing commercial building adjacent to a surface parking lot at 139 South Beverly Drive. The Special Events Permit for the mural was set to expire on August 25, 2022. Therefore, the Applicant requested that the Architectural Commission review the mural (after-the-fact) in order to maintain the large-scale graphic design beyond the Special Events Permit expiration.
On August 17, 2022, the Architectural Commission conditionally approved a Sign Accommodation and voted unanimously to allow the installation of a mural for the subject property. The plans for the project are included as Attachment 4.
The mural is located on the north elevation of an existing commercial building located on South Beverly Drive. The mural spans the entirety of the north elevation, which is comprised of brick and faces the property’s existing parking lot area. The mural is by Dean Stockton, also known as D*Face, and reflects his known Pop Art aesthetic with an illustration of a fictional female figure with no Business or Building Identification signage Meeting Date: September 12, 2022
or logos. Pursuant to Beverly Hills Municipal Code (BHMC) §10-4-319, the Architectural Commission may grant a Sign Accommodation to authorize the installation of a mural, or similar environmental graphics, if such mural or environmental graphics consist of architectural and landscape features, such as trompe l'oeil. Any mural or environmental graphics that identify a business or building by logo, trademark or slogan shall be included in the calculation of the Business or Building Identification sign area.
The Architectural Commission approved the project subject to final review and approval of the following condition by the City’s Urban Designer:
1. The Applicant shall be responsible for the continued care and maintenance of the subject mural.
A final, signed copy of the resolution approved by the Architectural Commission on August 17, 2022 is attached for reference to provide a more detailed explanation of the Commission’s determination as to the approval (Attachment 3).
Pursuant to BHMC §1-4-201, the Council may order a review of any decision made by any commission, board, or official of the City, except as otherwise provided in this Code. Such review may be ordered by motion of the Council duly adopted within thirty (30) calendar days after the issuance of the decision. If the Council orders a review of a decision, the effectiveness of such decision shall be stayed until Council review is final. The process to initiate this review and set a hearing is specifically set forth in the municipal code, and those provisions are attached for reference.
The decision to order a review at the September 12, 2022 City Council Meeting shall be limited to the question of whether to call the item up for a hearing before the City Council at a future formal meeting because the matter merits review by the City Council, and shall not include any evaluation or assessment of the merits or circumstances of the case or the Architectural Commission’s action. That discussion would take place at a noticed public hearing at an upcoming Council meeting.
FISCAL IMPACT
The recommendation in this report does not have significant budget or fiscal impacts for the City beyond staff time and noticing costs.
RECOMMENDATION
It is recommended that the City Council determine whether or not the subject Architectural Commission action will be called up for review. If a majority of the Council votes to call the matter up, staff recommends setting the hearing for October 18, 2022.
Ryan Gohlich, AICP,
Director of Community Development
Approved By
Attachment 1
Beverly Hills Municipal Code §1-4-201
8/30/22, 3:02 PM https://export.amlegal.com/api/export-requests/c29d24b5-7f12-4008-a170-95a56bd12629/download/ https://export.amlegal.com/api/export-requests/c29d24b5-7f12-4008-a170-95a56bd12629/download/ 1/1 1-4-201: RIGHT TO REVIEW:
The Council may order a review of any decision made by any commission, board, or official of the City, except as otherwise provided in this Code. Such review may be ordered by motion of the Council duly adopted within thirty (30) calendar days after the issuance of the decision. If the Council orders a review of a decision, the effectiveness of such decision shall be stayed until Council review is final. (1962 Code § 1-6.201; amd. Ord. 94- O-2211, eff. 9-2-1994)
Attachment 2
Beverly Hills Municipal Code §10-4-319
8/30/22, 3:03 PM https://export.amlegal.com/api/export-requests/6bad0f44-02bc-49b1-ad83-046466fcf94c/download/ https://export.amlegal.com/api/export-requests/6bad0f44-02bc-49b1-ad83-046466fcf94c/download/ 1/1 10-4-319: MURALS:
Notwithstanding any other restriction contained in this chapter, pursuant to article 9 of this chapter, the architectural commission may grant a sign accommodation to authorize the installation of a mural, or similar environmental graphics, if such mural or environmental graphics consist of architectural and landscape features, such as trompe l'oeil. Any mural or environmental graphics which identify a business or building by logo, trademark or slogan, shall be included in the calculation of the business or building identification sign area. (Ord. 93-O-2181, eff. 11-19-1993)
Attachment 3
Architectural Commission Reso. 39-22
1 RESOLUTION NO. AC 39-22
RESOLUTION OF THE ARCHITECTURAL
COMMISSION OF THE CITY OF BEVERLY HILLS
CONDITIONALLY APPROVING AN
ARCHITECTURAL REVIEW FOR A SIGN
ACCOMMODATION TO ALLOW THE
INSTALLATION OF A MURAL FOR THE PROPERTY
LOCATED AT 139 SOUTH BEVERLY DRIVE
(PL2200372 – DEAN STOCKTON MURAL)
The Architectural Commission of the City of Beverly Hills hereby finds, resolves and determines as follows:
Section 1. Warren Brand, agent on behalf of the property owner, Michael Hakim (Collectively the “Applicant”), has applied for architectural approval for a Sign Accommodation to allow the installation of a mural for the property located at 139 South Beverly Drive.
Section 2. Beverly Hills Municipal Code Article 30, Chapter 3 of Title 10, authorizes the Architectural Commission the authority to approve, approve with conditions, or deny design-related aspects of projects located in the city’s commercial and multi-family districts, subject to findings set forth in Beverly Hills Municipal Code Section 10-3-3010.
Section 3. Consistent with Beverly Hills Municipal Code Section 10-3-3010, this resolution documents the official action of the Architectural Commission with respect to the project.
Section 4. The subject project has been reviewed pursuant to the provisions set forth in the California Environmental Quality Act (CEQA – Public Resource Code Sections 21000, et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et
2 seq.), and the city’s local CEQA Guidelines. The subject project is exempt from the California Environmental Quality Act (CEQA – Public Resources Code §§21000 – 21178), pursuant to Section 15061(b)(3), and 15311.(a) of the State CEQA Guidelines, in that the project includes the review of a mural. It can be seen with certainty that there is no possibility that the subject activity could result in a significant effect on the environment.
Section 5. The Architectural Commission conducted a duly noticed public hearing on August 17, 2022, at which time oral and documentary evidence was received concerning the application.
Section 6. Based upon the evidence presented at the hearings, including the staff report(s), oral and written testimony, the Architectural Commission hereby makes the following findings:
A. The plan for the proposed building or structure is in conformity with good taste and good design and, in general, contributes to the image of Beverly Hills as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality. Specifically, the project incorporates an appropriate balance of color, high quality materials and appropriate architectural design principles to reinforce the city’s urban form and promote the image of Beverly Hills.
B. The plan for the proposed building or structure indicates the manner in which the structure is reasonably protected against external and internal noise, vibrations, and other factors which may tend to make the environment less desirable. The proposed project is proposed to be constructed using contemporary building materials and practices, and, as conditioned, compliant
3 with all applicable building codes, including standards that protect against unwanted noise and vibrations.
C. Proposed building or structure is not, in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment to materially depreciate in appearance and value. Specifically, the commission has reviewed the design and construction materials proposed for the project, which incorporates contemporary building material of known quality and durability. Moreover, the project design is appropriate to the building and surrounding improvements and is well matched to the selected materials.
D. As conditioned, the proposed building or structure is in harmony with the proposed developments on land in the general area, with the general plan for Beverly Hills, and with any precise plans adopted pursuant to the general plan. The proposed project complies with the applicable goals and policies set forth in the general plan, and, as conditioned, designed in a manner that complies with local ordinances. The overall design is consistent with and appropriate to other improvements in the general vicinity.
E. The proposed development is in conformity with the standards of this code and other applicable laws insofar as the location and appearance of the buildings and structures are involved. As conditioned, the project will be designed in compliance with all applicable regulations.
F. The proposed development is designed in a manner that protects and preserves those exterior elements of the building which the Planning Commission found contributed to the determination of the project as a “character contributing building” in accordance with section 10- 2-707 of this title. The proposed project does not include a request and has not been determined
4 by the Planning Commission to be a project that qualifies as a “character contributing building” under section 10-2-707. Therefore, this finding is not applicable to the subject project.
Section 7. Based on the foregoing, the Architectural Commission hereby grants the request defined in this resolution subject to the following conditions:
Project-Specific Conditions
All project-specific conditions are subject to final review and approval by the City’s Urban Designer.
1. The applicant shall be responsible for the continued care and maintenance of the subject mural.
Standard Conditions
2. Revised Plan Submittal. For all projects that are approved with project-specific conditions, a revised plan set that has fully incorporated all such conditions shall be submitted to the project planner, both in hard copy format and in electronic format, prior to submitting for the building permit plan check process.
3. Architectural Approval. Project approval is for the design-related aspects of the project only. No approval is implied or granted with regard to applicable city zoning or technical codes, which may require review and approval from other city commissions or officials.
4. Compliance with Municipal Code. Prior to issuance of a building permit, the applicant shall demonstrate compliance with all applicable provisions of the city’s municipal code and applicable conditions imposed by any discretionary review approval.
5 5. Compliance with Special Conditions. Any special conditions that require approval by the Director of Community Development, or designee, shall be submitted to the staff liaison to the commission within fourteen (14) days of approval or prior to submittal of the plan check review application, whichever is greater.
6. Project Rendering. Prior to issuance of a building permit, the applicant shall incorporate into the building permit set of plans, an updated color rendering of all building facades. The quality and detail of the rendering shall be subject to approval from the Director of Community Development, or designee, and shall include sufficient design information to evaluate project compliance during construction.
7. Approval Resolution. A copy of the signed resolution of approval shall be scanned onto the cover sheet(s) of the building permit set of plans.
8. Substantial Compliance with Approved Plans. The Director of Community Development, or designee, shall determine if changes to the approved project are in substantial compliance with the commission’s action. This determination shall be subject to applicable fees and charges. A substantial modification to the approved project requires approval from the Architectural Commission.
9. Validity of Permits. The rights granted by this approval shall remain valid for three (3) years from the date of approval, unless extended pursuant to Beverly Hills Municipal Code Section 10-3-207.
Section 8. The Secretary of the Architectural Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and its
6 certification to be entered in the administrative record maintained by the Community Development Department.
Section 9. Decisions of the Architectural Commission may be appealed to the City Council within fourteen (14) days of the final action by filling a written appeal and paying appropriate fees with the City of Beverly Hills City Clerk.
Approved as to Form and Content: Adopted: August 17, 2022 Mark Odell, Urban Designer
Community Development Department
Jennifer Schreiber, Chair
Architectural Commission
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Architectural Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. AC 39-22 duly passed, approved and adopted by the Architectural Commission of said City at a meeting of said Commission on August 17, 2022, and thereafter duly signed by the Secretary of the Architectural Commission, as indicated; and that the Architectural Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:
AYES: Commissioners Pynoos, Meyer, Matson, Vice Chair Devlin, Chair Schreiber
NOES: None
ABSTAIN: None
ABSENT: None
________________________________
KAREN MYRON
Recording Secretary of the
Architectural Commission
City of Beverly Hills, California
Certificate Of Completion
Envelope Id: 6A253CA260B949DEA899ED1E15E090DC Status: Completed Subject: Please DocuSign: AC Reso 39-22 - Dean Stockton Mural.pdf Source Envelope:
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Certificate Pages: 2 Initials: 0 Karen Myron
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
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Karen Myron
[email protected]
COMM DEV COMMISSION SPECIALIST,
CD-PLANNING
City of Beverly Hills
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Attachment 4
Project Plans
DEAN STOCKTON ORIGINAL MURAL PROJECT
PREPARED BY:
WARREN BRAND, FOUNDER AND PRESIDENT OF BRANDED ARTS
PROPOSED LOCATION:
NORTH FACING WALL FACADE OF 139 SOUTH BEVERLY DRIVE.
BEVERLY HILLS 90210
An integral figure in the world of Urban Contemporary Art, Dean Stockton (AKA D*Face) has been painting the streets of London and beyond since the very earliest days of the genre. With a career that has spanned well over two decades of murals, solo shows and public sculpture his work is instantly distinguished as an iconic staple of British Urban Contemporary Art. Citing California skate culture and the punk / pop aesthetic as his earliest influences, D*Face was initially inspired to follow a path of graphic design and illustration, before eventually taking a more freelance approach to his art. After learning to screen print his own stickers, he took the public domain of the street as his canvas, blending art, design and street art in a manner that few had explored previously. It was in this freshly founded outlet that Stockton quickly gained attention from others for the clean, vivid nature of his designs that quickly spread across the city.
In terms of artistic and cultural collaborations, Dean
Stockton has worked on countless projects with the likes of Shepard Fairey, Banksy, Blink-182 and Triumph
Motorcycles, just to name a few. His connections to both the music world and motorcycle culture stem from a
lifelong passion for both and the chance to work with
prestigious British brands, like Triumph Motorcycle
Company represent achievements of great personal
significance for the artist. Similarly, many of his personal career highlights come from work he has produced
alongside many of the other giants within the Urban Art world.
DEAN STOCKTON ARTIST BIO
Solo Exhibitions:
A Right Royal S#!t Show, StolenSpace Gallery. London, June 2021 Poor Connection, Dopeness Gallery, Taipei, October 2020 Archive & Unseen, StolenSpace Gallery. London, September 2020 Social DIScontent, Seibu Gallery, Tokyo, October 2019
Home Is Where The HeART Is, Treason Gallery, Seattle, August 2018 Fornever. Galerie Itinerrance, Paris, April 2018
Happy Never Ending. Corey Helford Gallery, Los Angeles, September 2017 Misprints & Misfits. StolenSpace Gallery. London. April, 2016 Wasted Youth. CAC, Malaga Museum of Contemporary Art. Spain. June, 2015 Scars & Stripes. StolenSpace/PMM. Hollywood, Los Angeles. September, 2014 Honestly Dishonest, Above Second Gallery. Hong Kong. May, 2014 New World Disorder, StolenSpace Gallery, London. June, 2013 Burn Brighter. Metro Gallery. Melbourne. November, 2011 Going Nowhere Fast. Corey Helford Gallery. L.A. April, 2011 All Your Dreams Belong to Us. Jonathan Levine Gallery. NYC. September, 2009 aPOPcalypse Now. London, 2008
D*Arm/RockFace. 24SF/Upper Playground. San Francisco, May, 2008 Eyecons. O’Contemporary. Brighton. UK. April, 2007.
Death & Glory. StolenSpace gallery. London. October, 2006 Trajan Bar. Stockholm, 2003
Noted Group Exhibitions:
Unity, StolenSpace Gallery, September, 2021
Fine Line. StolenSpace Gallery. February, 2020
UP: Ourtypes Group Show. Jealous Gallery. February, 2020 426m2 : The Southbank Show. StolenSpace Gallery. April 2018 The Reasons For The Seasons. StolenSpace Gallery. December, 2015 LAX / LHR. StolenSpace Gallery. September, 2015
‘Freedom’ a Group Show. StolenSpace Gallery. June, 2015 Spectrum: Winter Group Show. StolenSpace Gallery. November, 2014 Love / Hate Group Show. StolenSpace Gallery. February, 2012 StolenSpace Christmas Group Show. London. December, 2011 On Every Street, Group Show. Samuel Owen Gallery. Connecticut. October, 2011 Goss-Michael Foundation Gallery, Group Show. Dallas. 2011 Corey Helford Gallery 10 Year Anniversary Show, Los Angeles, June, 2011 Summer Group Show. StolenSpace Gallery. London. June, 2010 Nu Art. Stavinger, Norway. August, 2009
D*Face x Shepard Fairey . Gallerie Magda. Paris. September, 2008 Under a Red Sky. Summer Group Show. StolenSpace Gallery. London. June, 2008 White Noise Paper Works Show. Black Rat Press. London. February, 2008 Urban Art Auction. Bonhams. London. February, 2008
Fresh Air Smells Funny. Osnabrück Museum. Germany. January, 2008 The Streets of Europe. Jonathan Levine Gallery. New York. December, 2007 White Noise. Black Rat Press. London. November, 2007
Nu Art. Stavinger Museum. Norway. September, 2007
Stick ‘em up - stickers - Magma, London April, 2001
Groups Show Leonard Street Gallery, London. July, 2007
Summer Group Show. StolenSpace Gallery. London. June, 2007 Wooster Collective Spring Street Project. NYC. December, 2006 Santas Ghetto. London. December, 2006
Ice Hotel, Ice Suite creation. November, 2006 Urban Funke, Group Show, Barcelona May, 2006 UK Jack, OK! - A celebration of British style, Dover Street Market, London April, 2006 UK Jack, OK! - A celebration of British style, Colette, Paris February, 2006 7th Day - Group show, Pimp, December London, 2005
Santa’s Ghetto - group show, December London, 2005
Pictures on Walls - group show, Allmanna Galleriet Stockholm September, 2005 Adfunture Invasion - Introducing D*Dog, Pixie, Taipei September, 2005 Adfunture London - Introducing D*Dog, Outside Institute, London August, 2005 A Few of our Favourite Fiends - group show, Outside Institute, London May, 2005 Urban Funke - Finders Keepers group exhibit, Barcelona May, 2005 Santa’s Ghetto - group show, December London, 2004
Finders Keepers - group show, Hinterconti Gallery, Hamburg August, 2004 Hollywood Remix Show - group show, Wooster Collective, New York Love 2004 Finders Keepers group show, Montana Gallery, Barcelona July, 2004 Native Weapon - Group Show, July, 2004
Trick or Treat - Dreambags Jaguar Shoes, London October, 2002 Lovestruck, Los Angeles, 2016
Lovestruck, Los Angeles, 2016
Stephen Webster Gallery, Beverly Hills, 2014
Turncoat, Paris, France, 2018
Last Embrace Before Departure, Malmo, Sweden, 2014
Behind Closed Doors, Las Vegas, 2017, Awarded top prize in public art by Las Vegas Mayor Carol Goodman Embrace For Landing, Gothenburg, Sweden, 2021
MURAL DESIGN
MURAL DESCRIPTION
Close-cropped, pop-inspired images such as this work are amongst Dean Stockton's most popular images around the world. To date, his mural entitled, Turncoat, painted in the city of Paris in 2017, which features a similarly colored female figure, is one of his most widely shared and best-loved artworks - the hope is for this new mural in Beverly Hills, Los Angeles to rival that popularity.
These tightly configured images often leave a lot of interpretation up to the viewer, to question what might be running through the mind of the mysterious female figure as she gazes back out at us. Romantic longing and desire are certainly strong themes of this work and we are made to question who or what might this secretive individual be thinking about as she reclines below the glow of a haze-covered moon?
MURAL LOCATION
139 SOUTH BEVERLY DR. BEVERLY HILLS 90210
NORTH FACING BUILDING FACADE
MURAL LOCATION - STREET VIEW
139 SOUTH BEVERLY DR. BEVERLY HILLS 90210
NORTH FACING BUILDING FACADE
MURAL LOCATION - ARIEL VIEW
139 SOUTH BEVERLY DR. BEVERLY HILLS 90210
NORTH FACING BUILDING FACADE