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LANDMARKS PRESERVATION COMMISSION
MEETING ANNOUNCEMENT AND AGENDA

     Date:    Thursday, May 6, 2010
     Time:    7:00 p.m. 
     Place:
   North Berkeley Senior Center, 1901 Hearst Avenue
                    Main Room

The Landmarks Preservation Commission (LPC) packet is available for review at the Berkeley
Main Public Library at 2090 Kittredge Street and at the Permit Service Center at 2120 Milvia
Street.    

  clip_image001.jpgADA  DISCLAIMER
 This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to
 participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at
 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date.  Please refrain from wearing
 scented products to this meeting.

Contact: Landmarks Preservation Commission Secretary, Jay Claiborne, (510) 981-7410, 2120 Milvia Street,
Berkeley, CA 94704; LPC@ci.berkeley.ca.us  

Initiation of Landmark or Structure of Merit designation lies within the range of action to be considered on each
 structure or property appearing at any place on the agenda.

Due to the length of the LPC agenda, a Consent Calendar may be used to approve certain applications and actions
at one time. The Consent Calendar may include:
- Routine business such as approval of minutes and items proposed for continuance.
- Public hearings on structural alteration permits that are apparently non-controversial, on which no adverse comment
has been received, and for which no speaker cards have been turned in and no persons wishing to speak are present.

The Commission may place items on the Consent Calendar during Agenda Changes.  Anyone present who wishes to
speak on an item should raise his or her hand at that time and advise the Chairperson and the item will be pulled.  Any
applicant, member of the audience, or Landmarks Preservation Commissioner may require that an item not be placed
on the Consent Calendar to allow for discussion and testimony (if currently posted for public hearing).

Please refrain from wearing scented products to this meeting.  

The Landmarks Preservation Commission consists of nine members appointed by the City Council: Gary Parsons,
chair (Capitelli), Carrie Olson, co-chair (Maio), Austene Hall (Arreguin), Robert Johnson (Wengraf), Christopher
Linvill (Anderson), Miriam Ng (Moore), Antoinette Pietras (Mayor Bates), Ann Wagley (Worthington), and Steve Winkel (Wozniak)

Please submit written comments in advance of the meeting to the greatest extent possible so that comments can be
distributed to the Commissioners in the agenda packet.  Commissioners do not have an opportunity to read materials
handed out at the meeting.  Please submit any material for distribution to the LPC Secretary by Wednesday the week
prior to the meeting.

Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s
electronic records, which are accessible through the City’s website.  Please note: e-mail addresses, names,
addresses, and other contact information are not required, but if included in any communication to a City
board, commission or committee, will become part of the public record. 
If you do not want your e-mail address
or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in
person to the secretary of the relevant board, commission or committee.  If you do not want your contact information
included in the public record, please do not include that information in your communication.  Please contact the
secretary to the relevant board, commission or committee for further information.


1ROLL CALL

2. EX-PARTE COMMUNICATIONS: Provide full disclosure on all communications between Commissioners and
    individuals on issues related to agenda items.

3. PUBLIC COMMENT (Limit: 3 minutes per person; 5 minutes per organization)

4. AGENDA CHANGES

5CONTINUED PUBLIC HEARINGS
A. 1170 The Alameda (North Branch Library), Structural Alteration Permit, (LM #10-40000006)**
• Status:  Structural Alteration Permit Application to rehabilitate and expand the North Branch Library using voter
approved bond funds to accommodate various code required improvements, including seismic retrofit, and to
reorganize space in the existing 4,250 square foot landmarked building and construct a 2,260 square foot addition
to serve an expanded services program developed through a series of planning and outreach meetings with the
North Berkeley community.
• LPO Applicability:    LPO Section 3.24.060.C requires that the LPC evaluate the project according to the review
standards and criteria contained in Section 3.24.260.
• Staff Recommendation:  Staff recommends that the LPC approve the project subject to a set precisely described conditions..

6. PUBLIC HEARINGS 
A. 2204 Shattuck Ave (Shattuck Hotel), Structural Alteration Permit (LM #10-40000007)** 
• Status:  Structural Alteration Permit to alter existing signage for a ground floor commercial storefront.
• LPO Applicability: LPO Section 3.24.060.C requires that the LPC evaluate the project according to the review
standards and criteria contained in Section 3.24.260.
• Staff Recommendation:  Approve the project as subject to any identified conditions.. 

B. 2600 Bancroft (Berkeley YWCA), Landmark Designation Application (LM #10-40000005)**
 Status: The nomination was initiated by the LPC at the public meeting on October 1, 2009.  The nomination
application was reviwed by the LPC at the public meeting on November 5, 2009 and, after hearing objections
from the YWCA Board was continued until concerns raised by the YWCA Board could be addressed and the
nomination report was appropriately edited.  The nomination is now ready for continued review and action. 
• LPO Applicability: LPO Section 3.24.060.C requires that the LPC evaluate the project according to the
review standards and criteria contained in Section 3.24.260.
• Staff Recommendation: Approve the amended nomination report and designate the property at 2600
Bancroft Way a City Landmark.  

7. REFERRALS
A.2300 Bancroft Avenue (St. Mark’s Housing), Design Review Application (DR 10-30000022);
DEMOLITION REQUEST (UP 10-10000017)**
 
• Status:  Major construction on a SSHI listed property directly adjacent to a prominent City Landmark, the
Berkeley City Club designed by Julia Morgan and across Durant Avenue from two City Landmarks, the Marsh
House (2308 Durant) and the McCreary House (2318 Durant). 
• LPO Applicability: Section 23E.12.020 of the Zoning Ordinance (ZO) requires that LPC provide advisory
design review for projects that “involve” City Landmarks, which by established City practice can include directly
or immediately adjacent properties.  In addtion, Section 23C.08.050 of the ZO requires that demolitions of non-
residential buildings or structures older than 40 years shall be forwarded to LPC for review and recommendations.
• Staff Recommendation:  Review and provide advisory recommendations on how the building should relate to
the adjacent landmarks, and in particular the City Club Building.  In addition, LPC should provide any conditions or recommendations to be used in approving the demolition permit of the two existing structures on the roof of the
parking structure.

B. 1901 RUSSELL STREET (South Branch Library, corner of Russell Street and MLK, Jr. Way),
DEMOLITION REQUEST (UP 10-10000031)**

• Status:   Demolition of an existing branch library complex older than 40 years for future construction of a new
branch library on the site.
• LPO Applicability:  Section 23C.08.050 of the ZO requires that demolitions of non-residential buildings or
structures older than 40 years shall be forwarded to LPC for review and recommendations.
• Staff Recommendation:  Provide any conditions or recommendations to be used in approving the demolition
permit of the existing buildings on the site. 

8. SECTION 106 CONSULTATION
       None

9. ACTION ITEMS
       A. Approve amended action minutes for March 4, 2010 meeting**

10. DISCUSSION ITEMS
A. Chair Report 
B. Staff Report
 
1.  Annual Required Training Session – Staff requests Commissioner input regarding any desired focus for
a full commission training session.
2. Cost cuts: Recommendations for reducing the cost for duplicating and distributing commission packets.
3. Auditor’s Survey: Any comments for the record regarding the recent survey request from the Auditor’s Office?
C. Subcommittee, Liaison Comments: Opportunity for Commissioner comment on status of projects for which
the LPC has established a subcommittee or liaison
      1. 1512 La Loma
      2. Others
D. Other Matters
       Commissioners may comment on other matters and ask for additional discussion to be scheduled on a future agenda (per the Brown Act, no deliberation or final LPC action may be taken).
1. Downtown Area Plan:  Planning Director, Dan Marks will provide an overview of details of the Downtown Area Plan Update that the Planning Commission has reviewed for the November ballot, including the “Green Pathway” option that would reduce the number of days after a developer submits an historic evaluation analysis for LPC review.  Specifically, Director Marks is asked by the LPC to comment on the following concerns: 1) Does could passage of the New Plan constitute an amendment to the LPO and does the LPC has pervue to review the proposed changes prior to action by the City Council; and 2) Does a new Downtown Area Plan require CEQA review?
Attachment: Communication from John English received April 28, 2010.

11.  COMMISSION INFORMATION 
        A. Notice of Decision (NOD) for 1634 Sixty-Second Street, Structural Alteration Permit** 

12.  STANDING SUBCOMMITTEES OR LIASION (Note: Site will come off the subcommittee list upon approval
       of a Certificate of Occupancy) Partial List, In Progress
       A.   2208-10 Shattuck Avenue: CO (chair), RJ, CL, MN (for AP)
       B.   2237 Shattuck Avenue: GP (chair), MN, CL, AW
       C.   2525 Telegraph.  GP, MN, CO, AW
       D.   2130 Center Street: RJ (chair), CO, GP
       E.   1512 La Loma: CO (chair), MN, AP, SW
       F.   West Berkeley Branch Library: CL (chair), MN, CO, GP
       G.   North Berkeley Branch Library: AH (chair), RJ, CO
       H.   Claremont Branch Library: AW (chair), CO, SW
        I.   2611 Ashby (Amy and Frederick Corkill House): CO, SW
       J.   2086 Allston Way (Shattuck Hotel): CO (chair), RJ, GP
       K.   2750 Adeline Street: CO, GP, SW
 
13.  POTENTIAL INITIATIONS (Commissioner Initials and Date Added)
       Staff recomends that any potential initiation over one year old be removed from this list because of
       an apparent lack of interest or urgency.  Any address so removed could be added to this list at a later date
       if necessary.
       A. 2362 Bancroft Way-Trinity United Methodist Church (3/1/99)
       B. 2601 Durant Avenue - Christian Science Society of UC, Gutterson, Architect (LE 6/7/99)
       C. 2647 Durant Avenue (LE 6/7/99)
       D. 1201 6th Street- Arcieri Dairy (LE 7/12/99)
       E. Berkeley High School, Building C, 1920; W. C. Hayes (LE 9/13/99)
       F. Upland Path (RK 1/3/00)
       G. John Galen Howard Power Station, UC Campus (CO 4/3/00)
       H. McCauley Foundry at Carleton and 7th Streets (4/3/00)
        I. UC Storage Station, James Plachek, Architect (4/3/00)
       J. “Kittredge Street Historic District" - 2124 Kittredge Street (Elder House and storefront), 2138
         Kittredge (Fitzpatrick   House and storefront), and 2117 Kittredge Street (A.H. Broad House and
         storefront) (JK 11/5/2001)
      K. 2500 Shattuck Avenue, Berkeley Bank of Savings and Trust Co., 1923, Louis M. Upton (JK 11/23/05)
      L. 3200 Adeline Street (LE 8-3-06)
     M. 1915 Addison Street (JK 8-3-06)
     N.  2611 Parker Street, Evelyn Ratcliff House 
     O.  2212 Fifth Street, Charles Spear House
     P.  1842-1878 Euclid Avenue (CO 9-14-07)
     Q.  Berkeley High School Campus Historic District (SW 1/3/08)
     R.  2746 Garber Street (SW 3/5/09)
     S.  2124 Vine Street/1500 Walnut Street, Original location of Peet’s Coffee  (CO 3/5/09)
     T.  U.C. Berkeley Campus, Earle C. Anthony Hall (Pelican Building)
     U.  2727 Marin Avenue (CO 7/20/09)
     V.  2600 Bancroft, YWCA (CO 9/3/09) – SET THIS FOR MAY

14. LIST OF PERMIT SITES WHICH MAY BE INITIATED BY THE LANDMARKS PRESERVATION
COMMISSION (LPC), PROVIDED AS PART OF THE LPC AGENDA IN COMPLIANCE WITH
BERKELEY MUNICIPAL CODE (BMC) SECTION 23B.24.030.B
 
See attached Table of Land Use Planning Current Projects, as edited for LPC use (Attachment 1);  Or visit
the City’s web site at the link below:
http://www.ci.berkeley.ca.us/uploadedFiles/Planning_and_Development/Level_3_-_ZAB/LU%20Projects(1).pdf 

15.  NOTICE CONCERNING LEGAL RIGHTS
If you object to a decision by the Landmarks Preservation Commission to approve or deny a designation or
permit for a project, the following requirements and restrictions apply:

1. You must appeal to the City Council within fourteen (14) days after the Notice of Decision of the action of
the Landmarks Preservation Commission is mailed.  It is your obligation to notify the Current Planning Division
in writing to receive a Notice of Decision when it is completed.
2. Pursuant to Code of Civil Procedure, Section 1094.6(b), no lawsuit challenging a City Council decision to
deny a permit or variance may be filed more than ninety (90) days after the date the decision becomes final, as
defined in Code of Civil Procedure, Section 1094.6(b), which has been adopted by the City. Any lawsuit not filed
within that ninety (90) day period will be barred.
3. Pursuant to Government Code, Section 65009(c)(5), no lawsuit challenging a City Council decision to approve
(with or without conditions) a permit or variance may be filed more than ninety (90) days after the date the decision
becomes final, as defined in Code of Civil Procedure, Section 1094.6(b), which has been adopted by the City. 
Any lawsuit not filed within that ninety (90) day period will be barred.
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.

16.  ADJOURN
Room reservation expires at midnight.  The Senior Center employee who monitors the center must be able to
close the building by midnight at the latest.  In order to comply with this standard, the meeting must adjourn by
11:45 p.m. to provide time to return the furniture to its original location, pack up meeting materials, and vacate
the Senior Center. Please assist by exiting promptly once the meeting is adjourned.