MEETING OF: June 3, Tom Beil, Goring and Straja Architects

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1 L A N D M A R K S P R E S E R V A T I O N C O M M I S S I O N N o t i c e o f D e c i s i o n MEETING OF: June 3, 2010 Property Address: 2222 Harold Way Also Known As: Armstrong University Action: Structural Alteration Permit Approval Application Number: # Applicant: Tom Beil, Goring and Straja Architects WHEREAS, Armstrong University at 2222 Harold Way was designated as a City of Berkeley Landmark on September 6, 1994; and WHEREAS, the proposed structural alteration is categorically eligible for exemption pursuant to Section of the CEQA Guidelines (Existing Facilities); and WHEREAS, on February 4, 2010 the LPC unanimously approved an application for a Structural Alteration Permit (LM # ) for selective exterior plaster restoration/repair, a new exterior paint scheme, in-kind replacement entry doors on the east and south facades, and new sign graphics for the east elevation of a landmarked building; and WHEREAS, on May 14, 2010, an application for a Structural Alteration Permit (LM # ) was submitted proposing to install a lighted, weather protected wrought iron enclosure along the open, west elevation of the building for of an existing, open stairway which provides access to a basement entry planned for public use; and WHEREAS, on June 3, 2010, the Landmarks Preservation Commission opened the public hearing, took testimony, and after deliberation voted to approve the project. NOW, THEREFORE, BE IT RESOLVED that Structural Alteration Permit LM # is hereby approved, based on the findings and conditions contained in Attachment 2. Attachments 1: Staff Report, dated June 3, : Findings and Conditions, dated June 3, Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) lpc@ci.berkeley.ca.us Website:

2 2222 Harold Way (LM# ) June 3, 2010 Page 2 VOTE: Aye: Finacom (for Hall), Johnson, Linvill, Olson, Parsons, Pietras, Wagley, Winkel Nay: None Abstain: Ng Absent: None ATTEST: Jay Claiborne, Secretary, Landmarks Preservation Commission

3 2222 Harold Way (LM# ) June 3, 2010 Page 3 DATE NOTICE MAILED: June 11, 2010 THE APPEAL PERIOD EXPIRES (15 DAYS) AT 5 PM: June 28, 2010 Appeal must be filed with City Clerk by this date. TO APPEAL THIS MATTER: Pursuant to Section of the Landmarks Preservation Ordinance: An appeal may be taken to the City Council by the City Council on its own motion, by motion of the Planning Commission, by motion of the Civic Art Commission, by the verified application of the owners of the property or their authorized agents, or by the verified application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of this chapter. Any appeal submitted by the public must be in writing, specifying the reasons for the appeal. The appeal fee if filed by the applicant is $1445. If filed by a person other than the applicant, the fee is $79. The City Clerk's Department is located on the first floor at 2180 Milvia Street, Berkeley, CA 94704; Phone (510) NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the Landmarks Preservation Commission to approve or deny a Structural Alteration Permit, the following requirements and restrictions apply: 1. You must appeal to the City Council within 15 days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to inquire with the Land Use Planning Division ( ) to determine when a Notice of Decision is mailed. 2. No lawsuit challenging a City decision to deny (Code Civ. Proc. Section (b) or approve (Gov. Code Section 65009(c)(5)) a Structural Alteration Permit may be filed more than 90 days after the date the decision becomes final, as defined in Code of Civil Procedure Section (b). Any lawsuit not filed within that 90-day period will be barred. 3. In any lawsuit that may be filed against a City Council decision to approve or deny a Structural Alteration Permit, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. 4. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a taking of property for public use without just compensation under the California or United States Constitutions, the following requirements apply: a. That this belief is a basis of your appeal. b. Why you believe that the decision or condition constitutes a taking of property as set forth above. c. All evidence and argument in support of your belief that the decision or condition constitutes a taking as set forth above. If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court. cc: City Clerk s Office 2180 Milvia Street Berkeley, CA Tom Beil Goring and Straja Architects 729 Heinz Ave, Suite #1 Berkeley, CA The Tibetan Nyingma Meditation Center c/o Jack Petranker 2018 Allston way Berkeley, CA Planning Dept. GIS staff 2120 Milvia St. Berkeley, CA 94704

4 ATTACHMENT 1 L A N D M A R K S P R E S E R V A T I O N C O M M I S S I O N S t a f f R e p o r t FOR COMMISSION ACTION JUNE 3, Harold Way Structural Alteration Permit LM # to install a lighted, weather protected wrought iron enclosure along the open, west elevation of the building for of an existing, open stairway which provides access to a basement entry planned for public use. (Prepared by Amanda Bensel, Landmarks Preservation Commission Staff) I. Application Basics A. CEQA Determination: Categorically eligible for exemption from CEQA pursuant to Section of the CEQA Guidelines (Existing Facilities). B. Parties Involved: Applicant Property Owner Tom Beil Goring and Straja Architects 729 Heinz Avenue, Suite #1 Berkeley, CA Head Lama of the Tibetan Nyingma Meditation Center c/o Jack Petranker 2018 Allston Way Berkeley, CA Milvia Street, Berkeley, CA Tel: TDD: Fax: abensel@ci.berkeley.ca.us

5 2222 HAROLD WAY LANDMARKS PRESERVATION COMMISSION Page 2 of 5 June 3, 2010 Figure 1: Vicinity and Site Map 2222 Harold Way Armstrong College Hatched shading indicates landmarked properties. File: G:\LANDUSE\Projects by Address\Bancroft\2548\LM \Document Finals\2222 Harold Way LPC SAP Staff Rpt (6-3-10).docx

6 LANDMARKS PRESERVATION COMMISSION 2222 HAROLD WAY June 3, 2010 Page 3 of 5 Table 1: Project Chronology Date Action May 14, 2010 May 20, 2010 May 24, 2010 June 3, 2010 Application submitted Application deemed complete Public hearing notices mailed/posted LPC hearing July 19, 2010 PSA deadline 1 Project must be approved or denied within 60 days after being deemed complete if exempt from CEQA, or 60 days after adoption of a negative declaration, or 180 days after adoption of an EIR (Govt. Code Section 65950). II. Background Armstrong University, located at 2222 Harold Way, was designated a City of Berkeley Landmark on September 6, The Notice of Decision (NOD) does not list specific character-defining features, but does note its Spanish-Colonial Revival design, large arched windows located on the second floor of the Kittredge Street and Harold Way facades, entrance lobbies and main lobby, and a 5,000 square-foot auditorium. Designed by Walter H. Ratcliff, Jr., The Armstrong University Building, originally known as Armstrong School of Business, was constructed in The two-story Spanish Colonial Revival building is made of reinforced concrete and is a prime example of this architectural style as employed by Ratcliff in the 1920s. It is an integral part of a three square-block cluster of significant buildings, which includes the U. S. Post Office, Elks Club, YMCA, Shattuck Hotel, and the Berkeley Public Library. Armstrong University occupied the building until 1996 when it was leased to the University of California-Berkeley Extension. In 2006, the property was sold by Armstrong University to the Judah L. Magnes Museum of Berkeley. In 2008, a Structural Alteration Permit was approved by the LPC for several minor alterations and additions, both for general repair and to accommodate the needs of the new program. These alterations include: alteration of the original front (east) entry door; removal of the concrete sills and aprons below two south window openings; insertion of two windows and one door opening at west basement wall. removal of one window and the infill of its opening at the north elevation; new security gates at the east and south entry ways; and new rooftop mechanical equipment and screening. It is unclear how many of the approved alterations were executed. In late 2009, the property was purchased by the Tibetan Nyingma Meditation Center with the intent of using the property as an education facility, which was its original use. In File: G:\LANDUSE\Projects by Address\Bancroft\2548\LM \Document Finals\2222 Harold Way LPC SAP Staff Rpt (6-3-10).docx

7 2222 HAROLD WAY LANDMARKS PRESERVATION COMMISSION Page 4 of 5 June 3, 2010 February, the LPC approved a structural alteration permit for plaster restoration, new signage, and a new paint scheme. Chapter 3.24 of the Berkeley Municipal Code requires Landmarks Preservation Commission review of any exterior modification to a Landmark Structure. III. Project Description (Summarized from the project plans, Attachment 1) The project adds an open metal, canvas roofed structure along the west side of the building with a secured gated entry from the Kittredge Street frontage for a stairway leading to a basement level entry to space to be used by students enrolled in the Center s programs. The enclosure is to be constructed of wrought iron with decorative tracery. The canvas roofing is supported by an arched metal structure. Lighting will be provided for the stairwell by Hanover style lanterns suspended from the roof structure. The work scope includes removal of the existing basement door to the stairwell and widening the opening in the existing concrete foundation wall to accommodate a code compliant entry/exit doorway. IV. Issues and Analysis Staff has identified the following relevant criteria pertinent to this project from the Landmarks Preservation Ordinance and the Secretary of the Interior s Standards for the Treatment of Historic Properties. For full review of the project by these standards, see the Findings and Conditions report (attachment 3). Landmarks Preservation Ordinance Review Standards and Criteria (Section C) 1. For permit applications for construction, alteration or repair: a. For applications relating to landmark sites, the proposed work shall not adversely affect the exterior architectural features of the landmark and, where specified in the designation for a publicly owned landmark, its major interior architectural features; nor shall the proposed work adversely affect the special character or special historical, architectural or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting. Comment: The project involves minor alterations to the exterior of a visible side elevation of a City-designated landmark. The work will not affect the existing character-defining features, the special character or special historical, architectural or aesthetic interest or value of the landmark and its site. File: G:\LANDUSE\Projects by Address\Bancroft\2548\LM \Document Finals\2222 Harold Way LPC SAP Staff Rpt (6-3-10).docx

8 LANDMARKS PRESERVATION COMMISSION 2222 HAROLD WAY June 3, 2010 Page 5 of 5 The Secretary of the Interior s Standards for Rehabilitation, as Applicable For Standards 1-8 and 10, see the Findings and Conditions report (attachment 3). 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. Comment: The proposed project will not damage or destroy historic materials, features, or spatial relationships that characterize the property. The metal enclosure is a new element, but is not intrusive to the defining character of the building. The canvas roof cover does obsure the lower portion of two of the west facing side windows and is visible from the street, as does the existing metal fire escape which is located on the same side of the building leading from the central arched window on the second floor. V. Recommendation Because the proposal will not adversely affect the exterior architectural features of the landmark nor the special character or special historical, architectural or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting and because it meets the Secretary of the Interior s Standards for Rehabilitation, Staff recommends approval of the request pursuant to Section and subject to the attached findings and conditions (see Attachment 3). Attachments: 1. Project Plans, May 14, Landmark Designation Notice of Decision (NOD), September 6, Draft Findings and Conditions. 4. Public Hearing Notice. Staff Planner: Amanda Bensel, Landmarks Preservation Commission Intern; ABensel@ci.berkeley.ca.us, (510) Jay Claiborne, Senior Planner; JClaiborne@ci.berkeley.ca.us, (510) File: G:\LANDUSE\Projects by Address\Bancroft\2548\LM \Document Finals\2222 Harold Way LPC SAP Staff Rpt (6-3-10).docx

9 A t t a c h m e n t Harold Way F i n d i n g s A N D C O N D I T I O N S JUNE 3, 2010 Structural Alteration Permit LM # PROJECT DESCRIPTION The proposal adds an open metal, canvas roofed structure along the west side of the building with a secured gated entry from the Kittredge Street frontage for a stairway leading to a basement level entry to space to be used by students enrolled in the Center s programs. The enclosure is to be constructed of wrought iron with decorative tracery. The canvas roofing is supported by an arched metal structure. Lighting will be provided for the stairwell by Hanover style lanterns suspended from the roof structure. The work scope includes removal of the existing basement door to the stairwell and widening the opening in the existing concrete foundation wall to accommodate a code compliant entry/exit doorway. CEQA FINDINGS The project is categorically eligible for exemption from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code 21000, et seq.) pursuant to Section of the CEQA Guidelines (Existing Facilities). LANDMARKS PRESERVATION ORDINANCE FINDINGS 1. For permit applications for construction, alteration or repair: a. For applications relating to landmark sites, the proposed work shall not adversely affect the exterior architectural features of the landmark and, where specified in the designation for a publicly owned landmark, its major interior architectural features; nor shall the proposed work adversely affect the special character or special historical, architectural or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting. Comment: The project involves minor alterations to the exterior of a visible side elevation of a City-designated landmark. The work will not affect the existing character-defining features, the special character or special historical, architectural or aesthetic interest or value of the landmark and its site. File: G:\LANDUSE\Projects by Address\Harold\2222\LM \Document Finals\ 2222 Harold Way LPC SAP Staff Rpt ( ).doc

10 FINDINGS AND CONDITIONS 2222 HAROLD WAY Page 2 of 3 June 3, 2010 b. For applications relating to property in historic districts, the proposed work shall not adversely affect the exterior architectural features of the subject property or the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings, including facade, setback and height; nor shall the proposed work adversely affect the special character or special historical, architectural or aesthetic interest or value of the district. The proposed work shall also conform to such further standards as may be embodied in the designation of the historic district. Comment: The subject property is not in a historic district. However, the property is an integral part of a three square-block cluster of significant buildings, including a National Register listing, the Downtown Post Office. c. For applications relating to structure of merit sites, the proposed work shall not adversely affect the architectural features if architectural merit is the basis for designation; nor shall the proposed work adversely affect the special cultural, educational or historical interest or value if that is the basis for designation. Comment: The subject property is not a structure of merit. SECRETARY OF THE INTERIOR S STANDARDS FOR REHABILITATION FINDINGS 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. Comment: The property s historical use as an educational facility will not change. 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. Comment: The historic character of the property will be retained and preserved. No distinctive materials will be removed, and the characteristic features, spaces, and spatial relationships associated with the building will be preserved. 3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. Comment: The proposed project will not lead to any changes that will create a false sense of historical development. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. Comment: The proposed project will not alter any changes that have acquired historic significance in their own right. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

11 2222 HAROLD WAY FINDINGS AND CONDITIONS June 3, 2010 Page 3 of 3 Comment: The project will not alter the distinctive materials, features, finishes or construction techniques that characterize the property. 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. Comment: No work to the building s historic features will be undertaken. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. Comment: No chemical or physical treatments will be undertaken. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. Comment: There are no known archaeological resources located at this site. 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. Comment: The proposed project will not damage or destroy historic materials, features, or spatial relationships that characterize the property. The metal enclosure is a new element, but is not intrusive to the defining character of the building. The canvas roof cover does obsure the lower portion of two of the west facing side windows and is visible from the street, as does the existing metal fire escape which is located on the same side of the building leading from the central arched window on the second floor. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Comment: There are no new additions or new construction in this proposal. CONDITIONS Approved as submitted with the following design requirements: - Use the lower-sloped awning as presented on the color board, rather than the design on the project plans submitted May 14; - Lower the overall height as appropriate between the windows and the water table; - Use the most durable awning material available; - A removable gutter or other removable water-shedding treatments are permissible.