MEETING OF: January 7, 2010

Transcription

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 Property Address: APN: Also Known As: Action: MEETING OF: January 7, Telegraph Avenue ( Regent Street) Needham/Obata Building Application Number: LM # Applicant: Structural Alteration Permit Approval A. Ali Eslami WHEREAS, on November 5, 2009, the building and property at 2525 TelegraphAvenue/ Regent Street (the Needham/Obata Building) was designated as a City of Berkeley Landmark; and WHEREAS, on November 13, 2009, an application (LM # ) was submitted proposing to rehabilitate the Needham/Obata building (2525 Telegraph/ Regent), including for foundation improvements, reconfiguration of both the Telegraph Avenue and Regent Street ground floor plans for a restaurant/gallery and interpretative center honoring artist Chiura Obata, relocation of one residential unit to another floor in the building, the addition of two stories and three new residential apartments (12 total) as well as a roof garden and balconies, and restoration of both street facades, and WHEREAS, the proposed landmarking of the Needham/Obata Building is exempt from CEQA pursuant to Section b.3 (activities that can be seen with certainty to have no significant effect on the environment) of the CEQA Guidelines; and WHEREAS, on December 1, 2009, prior to release of the Landmark Notice of Decision (NOD) on December 1, 2009, attorney Marc S. Janowitz submitted an appeal on behalf of the building tenants requesting that the City Council overturn or remand the Landmark decision; and WHEREAS, on December 22, 2009, negotiations with the tenants resulted in attorney Janowitz s withdrawal of the appeal, and WHEREAS, on January 7, 2010, the Landmarks Preservation Commission opened the public hearing, took testimony, and after deliberation voted to approve the project. Attachments 1. Landmark Designation NOD, dated November 5, Applicant statement and project plans, dated November 13, Staff Report and analysis, including findings and conditions, dated January 7, Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) lpc@ci.berkeley.ca.us Website:

2 2525 Telegraph Ave (LM # ) January 7, 2010 Page 2 VOTE: Aye: Hansen (temporary appointment for Hall), Johnson, Linvill, Olson, Parsons, Winkel Nay: None Abstain: None Absent: Ng, Pietras (approved) ATTEST: Jay W. Claiborne Secretary, Landmarks Preservation Commission

3 2525 Telegraph Ave (LM # ) January 7, 2010 Page 3 DATE NOTICE MAILED: January 15, 2010 THE APPEAL PERIOD EXPIRES (15 DAYS) AT 5 PM: Februray 8, 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 $ 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 Landmark/Structure of Merit Designation, 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 Landmark/Structure of Merit Designation 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 Landmark/Structure of Merit Designation, 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. Attachment: Structural Permit Application cc: City Clerk s Office 2180 Milvia Street Berkeley, CA Ali Eslami P.O. Box 4623 Berkeley, CA Hayashida Architects th Street, Suite 340 Emeryville, CA Donna Graves 1204 Carleton Street Berkeley, CA Planning Dept. GIS staff 2120 Milvia St. Berkeley, CA 94704

4 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 Property Address: APN: Also Known As: Action: MEETING OF: November 5, Telegraph Avenue ( Regent Street) Needham/Obata Building Landmark Designation Application Number: LM # Designation Author(s): Donna Graves with Anny Su, John S. English, and Steve Finacom WHEREAS, the proposed landmarking of 2525 Telegraph Avenue, the Needham/Obata Building, was initiated by the Landmarks Preservation Commission at its meeting on February 5, 2009; and WHEREAS, the proposed landmarking of the Needham/Obata Building is exempt from CEQA pursuant to Section b.3 (activities that can be seen with certainty to have no significant effect on the environment) of the CEQA Guidelines; and WHEREAS, the Landmarks Preservation Commission opened a public hearing on said proposed landmarking on April 2, 2009, and continued the hearing to May 7, 2009, and then to June 4, 2009; and WHEREAS, during the overall public hearing the Landmarks Preservation Commission took public testimony on the proposed landmarking; and WHEREAS, on June 4, 2009, the Landmarks Preservation Commission determined that the subject property is worthy of Landmark status; and WHEREAS, on July 9, 2009, following release of the Notice of Decision (NOD) on June 29, 2009, the property owner Ali Elsami submitted an appeal requesting that the City Council overturn or remand the Landmark decision; and WHEREAS, on September 22, 2009, the City Council considered Staff s recommendation to affirm the decision and dismiss the appeal and voted to affirm the LPC decision to designate the property as a Landmark with a remand to LPC requesting further consideration of identifying the lightwells as historic amenities to be preserved; and 2120 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) lpc@ci.berkeley.ca.us Website:

5 2525 Telegraph Ave (LM # ) November 5, 2009 Page 2 WHEREAS, on November 5, 2009, the LPC took public testimony on the remand issue of the lightwells as features of significance and determined by a majority vote ( ) that they should be properly recognized as partially open courtyards accessible to adjacent apartments but that they do not rise to the level of features of significance for preservation purposes, removing them from the earlier NOD of June 4, 2009; and WHEREAS, consistent with Section A.1.b, the Needham/Obata Building has architectural merit as an example of a surviving mixed-use structure from a century ago, executed in a vernacular version of the then-popular Mission Revival style; and WHEREAS, consistent with Section A.1.b, the Needham/Obata Building also has architectural merit because it is locally unique as a mixed-use structure built on a through lot with similar facades on two parallel streets, and because although the building s footprint covers the entire narrow lot, its upper story provides a locally unique and rather village-like residential environment featuring three quiet semi-private courtyards each of which is shared by a flanking pair of apartments; and WHEREAS, consistent with Section A.1.c, the Needham/Obata Building has architectural merit because it contributes to the neighborhood fabric by importantly resonating with three landmarked buildings on the same block face, and especially working with the nearest two of them to form a fine and memorable chunk of century-old townscape; and WHEREAS, consistent with Section A.2, the Needham/Obata Building has had a significant role in Berkeley's cultural life, most notably through its associations with the internationally renowned Japanese American artist Chiura Obata, and because although the Obata family's occupancy in the building was relatively brief, their associations with it and Berkeley's cultural heritage are rich and the end of that occupancy is related to the crucial historical moment when the family and so many other persons of Japanese birth or ancestry were forced to relocate to internment camps during World War II; and WHEREAS, consistent with Section A.3, The Needham/Obata Building is useful as an educational force because as it held the studio and art store of the Obata family, it is a powerful resource for telling people about Berkeley s Japanese American history and the impact of World War II internment; because it is an example of a century-old mixed-use structure, rendered in the then-popular Mission Revival style; and because it is especially instructive due to its highly visible location on busy Telegraph Avenue. NOW THEREFORE, BE IT RESOLVED, that the subject building as well as its site as described below are hereby designated a City of Berkeley Landmark; and BE IT FURTHER RESOLVED that in this case the landmark site (as this term is used by Section A of the Landmarks Preservation Ordinance) is located at 2525 Telegraph Avenue and Regent Street, and is coterminous with Assessor s parcel ; and

6 2525 Telegraph Ave (LM # ) November 5, 2009 Page 3 BE IT FURTHER RESOLVED, that the particular features that should be preserved are the following: a) these features of the Telegraph Avenue façade: the three piers (but not necessarily their present cladding and specific overall height), solid bulkheads of the present approximate height (but not necessarily with their present cladding and specific horizontal extent), the horizontal band of clerestory windows with their wooden sashes, the plain wooden beams above and below that band, the twin wood-framed arches, the large clerestory windows with wooden sashes that occupy the spaces under those arches, the façade s stuccoed surfaces, the upper story s three pairs of windows (but not necessarily their present sashes), the continuous projecting rooflet with its wooden brackets and clay tiles, the scalloped parapet, and the quatrefoil blind window with its turned wooden spindles; and b) these features of the Regent Street façade: the first story s plain wooden piers, the plain wooden bulkheads, the sizable storefront-type window openings with the wood frames around them, the recess at the middle of the first story, the several doorways (but not necessarily their present doors or gate), the plain horizontal wooden band that runs immediately above the doorways and storefront-type windows, the three wood-framed arches, the clerestory windows with wooden sashes that occupy the spaces under those arches, the wood-framed porthole window, the façade s stuccoed surfaces with their present texture, the second story s windows with their one-over-one double-hung wood sashes with ogee stops, the scalloped parapet, and the quatrefoil blind window with its turned wooden spindles. BE IT FURTHER RESOLVED that the Landmarks Preservation Commission recommends an interpretive display, including an exterior plaque, be installed commemorating the contributions of Chiura Obata and his family to the City of Berkeley. VOTE: Aye: Hall, Johnson, Linvill, Ng, Olson, Pietras, Parsons, Winkel Nay: Wagley Abstain: None Absent: None ATTEST: Jay W. Claiborne Secretary, Landmarks Preservation Commission

7 2525 Telegraph Ave (LM # ) November 5, 2009 Page 4 DATE NOTICE MAILED: November 16, 2009 THE APPEAL PERIOD EXPIRES (15 DAYS) AT 5 PM: December 1, 2009 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 $1156. If filed by a person other than the applicant, the fee is $ 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 Landmark/Structure of Merit Designation, 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 Landmark/Structure of Merit Designation 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 Landmark/Structure of Merit Designation, 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. Attachment: Landmark Application cc: City Clerk s Office 2180 Milvia Street Berkeley, CA Ali Eslami P.O. Box 4623 Berkeley, CA Hayashida Architects th Street, Suite 340 Emeryville, CA Donna Graves 1204 Carleton Street Berkeley, CA Planning Dept. GIS staff 2120 Milvia St. Berkeley, CA 94704

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21 2525 Telegraph Ave A t t a c h m e n t 3 F i n d i n g s a n d C o n d i t i o n s Structural Alteration Permit LM # JANUARY 7, 2010 PROJECT DESCRIPTION The property is located on the eastern part of Telegraph Avenue between Dwight Way and Parker Street. The two-story mixed-use building, with commercial uses on the ground floor and apartments on the upper floor, covers the entire parcel (approximately 30 to 40 feet by 142 to feet). It was constructed in 1907 in the Mission Revival style. The building faces both Telegraph Avenue and Regent Street with storefronts on the ground floor of each frontage. The site slopes upward toward Regent Street and the grade change is such that the ground floor plane at Regent Street is approximately that of the second floor level on the Telegraph Avenue frontage. The lower façade on Telegraph Avenue has large storefront-type windows with piers and bulkheads that are clad in a more recently added blue tile. There is a horizontal clerestory band that consists of small panes set in wood sash, bordered by plain wooden beams. Above that, there are large clerestory windows occupying the spaces below twin wood-framed arches. The upper façade has a smooth stucco surface. There are three pairs of windows that have metal sashes that recently replaced the original wooden versions. Above the windows, there is a projecting rooflet covered in clay tiles and supported by wooden brackets. At the top of the façade, there is a prominent scalloped parapet, and centered in that parapet is a quatrefoil blind window featuring turned wooden spindles. The Regent Street façade is similar to the façade on Telegraph Avenue though much simpler in detail. There are three large wood-framed storefront-type windows, and above is a series of arched clerestory windows with multiple panes set in wood sashes. The upper façade has a stucco surface. There are four windows of varied sizes, which have double-hung, one-over-one wood sashes with ogee stops. There is a scalloped parapet at the top of the façade, similar to the one facing Telegraph Ave, and centered within this parapet is a quatrefoil blind window that is identical to the one on the Telegraph façade. Most of these early façade details are identified in the designation as elements of significance. The commercial spaces of the building are currently vacant. There is one apartment at street level on the Regent Street side of the building. The building s upper story contains eight apartments, some of which are vacant. The units at each end of the building are accessed by a long corridor along the north sidewall. Three short corridors, each of which serves a pair of units, connect to the main

22 FINDINGS 2525 TELEGRAPH AVENEUE Page 2 of 5 January 7, 2009 circulation corridor by a lockable door. One of the short corridors is seven feet one inch (7 1 ) in width. The other two are seven feet eight inches (7 8 ) in width. These three shared, extra width corridors also have operable skylights and are the building element referred to as courtyards. There have been various exterior changes made to the building since it was built in 1907, most of them to the Telegraph Avenue façade. These changes include the cladding of the bulkheads and piers, the doors, and some window sashes. The building as a whole, however, still retains a strong historical presence. Proposed Renovation: The building is need of major structural renovations to accommodate an economically viable commercial use appropriate to the Telegraph Avenue frontage. In addition, the existing residential units are in need of extensive upgrades. Two additional stories, permissible under existing zoning, are proposed to in order to provide additional residential apartments and revenue. At present there are nine units, one of which is on the Regent Street ground floor level. The additional building area creates space for a total of twelve units, including relocation of the ground floor unit to an upper level. A roof garden with benches, planters, a gazebo and both hard and soft walking surfaces is proposed as a communal amenity replacing the existing three open air courtyards currently accessible to the tenants of the building. In addition, each apartment will have access to an individual outdoor balcony. Reconfiguration of the Telegraph Avenue floor plan creates one interconnected dining/gallery space with a new kitchen, bathrooms and elevator. Structural improvements include a new foundation and ground level slab level with the Telegraph Avenue sidewalk, eliminating existing level changes that compromise full ADA compliant access at present. The commercial dining/gallery space will also be used as an opportunity to celebrate the legacy of the internationally renowned Japanese American artist Chiura Obata and to honor the Japanese American community as a significant part of the cultural heritage of the City. An Obata display, including photos, artwork and artifacts will be part of the commercial space. The display also will include photos and artifacts of the Japanese American history in the City before, during and after relocations to incarceration camps during WWII. This particular aspect of the display will be developed with input from the Japanese American community. The Regent Street ground floor reconfiguration will relocate the existing one apartment to an upper floor to allow commercial space for a single, interconnected dining/gallery space and additional restrooms serving the Telegraph Avenue commercial use. What will be a second or mezzanine level for the Telegraph Avenue restaurant/gallery will be accessed by a new elevator and by stairs adjacent to a new atrium space open to both levels. In addition, a new lobby and residential service area is located at the northeast corner of the building with access to Regent Street and the upper floor residential units. Secondary stairway egress and entry to the residential levels is located at the northwest corner of the building accessible from Telegraph Avenue. File: G:\LANDUSE\Projects by Address\Telegraph\2525\LM \SAP Application\2525 Telegraph Ave Findings ( ).docx

23 2525 TELEGRAPH AVENEUE FINDINGS January 7, 2009 Page 3 of 5 The project relocates the Regent Street apartment to an upper level space and adds two new stories and three new apartments for a proposed total of 12 units. The courtyard element of the existing building is eliminated. On levels three and four, units 1,4,5 and 8 will remain as one bedrooms and will be remodeled and upgraded. Units 2,3,6, and 7 will be two level apartments with two to three bedrooms. On level five, the proposed four flats will also be designed as two to three bedroom units. Currently, at the existing upper level of the building there is a 31 inch floor level difference between units 4 and 5. The proposed renovations will raise the front elevation of the building by approximately 31 inches to level out the floors and improve accessibility for the units. The proposed, large communal roof deck/garden provides open space and planting areas for all tenants and is designed to replace the existing courtyards and lightwells. Façade improvements to both the Telegraph Avenue and Regent Street elevations will repair and restore to their original historic character all details and features identified in the landmark designation as elements of significance (see attached NOD). Intrusions, such as the blue tile added for a recent restaurant use will be removed. CEQA FINDINGS Project exempt from CEQA pursuant to Section b.3 (activities that can be seen with certainty to have no significant effect on the environment) of the CEQA Guidelines. LANDMARKS PRESERVATION ORDINANCE FINDINGS Pursuant to Berkeley Municipal Code Section C.1, the Landmarks Preservation Commission of the City of Berkeley makes the following findings: a. The proposed alterations to the building will add two additional floors and will eliminate the slightly visible roof element that allows light and air to the three sets of shared access corridors. In addition, a roof garden is proposed which may be somewhat visible from the street, especially at longer distances. The two street facades will not be altered to any significant extent and intrusive materials added in recent years will be removed and historic features restored to approximate the original condition. Design guidelines for adding the two stories of residential use and for creating a roof garden must be developed to avoid any potentially adverse impacts. b. The subject property is not part of a historic district. c. The subject property is not a structure of merit. SECRETARY OF THE INTERIOR S STANDARDS FOR REHABILITATION File: G:\LANDUSE\Projects by Address\Telegraph\2525\LM \SAP Application\2525 Telegraph Ave Findings ( ).docx

24 FINDINGS 2525 TELEGRAPH AVENEUE Page 4 of 5 January 7, 2009 Regarding the Secretary of the Interior s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings: a. The building will remain mixed-use commercial residential. The additional commercial floor area and reconfigurations do not change historic uses or require significant changes to the exterior. The additional floor levels for residential uses (two stories) are a significant change to the exterior spatial relationships and massing of the existing building. b. The historic character of the property will be retained and preserved. The new work will restore, rehabilitate, or replace, where required, portions of the historic building, including ground floor windows and doors, lintels, clerestory windows, stucco exterior, tiled roof overhangs, and stucco parapets. The characteristic features, spaces, and spatial relationships associated with the architectural style of the building will be preserved. The cultural and educational significance of the association with artist Chiura Obata and the Japanese American history of the City will be honored. c. The proposed project will not add conjectural features or elements from other historical styles and will retain the strong Mission Revival character of the original building. The proposed setbacks for the two new stories provide a minimal distinction between the new and the old portions of the building. The proposed Mission Revival detailing of the two additional stories is fairly restrained and distinctive enough from the more elaborate details of the original building facades to maintain a distinction between the new and the old. d. The proposed project will not affect any changes to the property that have acquired historic significance in their own right. Those changes that are intrusions to the historic character, such as the blue tile added by an earlier renovation for a now closed restaurant are to be removed. e. The required alterations and repairs to the exterior of the building will not affect any distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the property and are designed to remove intrusions over time that compromise the identified features of significance. f. Any deteriorated features of identified significance will be repaired where possible and matched in design, color and texture where replacement is necessary as renovations proceed. Such identified replacements include repair and restoration of the roof tile eyebrow support elements and the quatrefoils. g. No chemical or physical treatments are anticipated for the exterior of the existing building. If required, the appropriate treatment using the gentlest means possible such as pressure washing will be used. h. There are no known archaeological resources located at this site. File: G:\LANDUSE\Projects by Address\Telegraph\2525\LM \SAP Application\2525 Telegraph Ave Findings ( ).docx

25 2525 TELEGRAPH AVENEUE FINDINGS January 7, 2009 Page 5 of 5 i. The two additional stories, as noted above are a significant alteration to the existing building. They add height that will be visible from the street. The massing and asymmetry of forms is in contrast with the highly symmetrical character of the existing street front facades. The architectural detailing of the addition mimics that of the original building but in a more subdued manner and emphasizes a horizontal character rather than the more vertical character of the existing facades. The proposed roof garden is inset from the parapet edge and, given the height of the building inconspicuous when viewed from the street. j. The proposed restoration and rehabilitation, and new construction for designated elements of significance related to the original facades will be undertaken in such a manner that, if removed in the future, is largely reversible. However, the proposed reconfiguration of the commercial levels and of the apartments, including the addition of two stories for residential use will not be reversible. File: G:\LANDUSE\Projects by Address\Telegraph\2525\LM \SAP Application\2525 Telegraph Ave Findings ( ).docx