LANDMARKS PRESERVATION
COMMISSION
MEETING ANNOUNCEMENT AND AGENDA

Date: Thursday, June 3, 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.


1. ROLL 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

5. CONTINUED PUBLIC HEARINGS
     None

6. PUBLIC HEARINGS 
A.2130 Center Street (Ennor’s Restaurant); Structural Alteration Permit (LM #10-40000012)**
• Status: 
Structural Alteration Permit to install signage for a newly constructed ground floor commercial storefront
in a designated landmark building.
• 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 and subject to Title 20 (Sign Ordinance).
• Staff Recommendation:  Approve the project as subject to any identified conditions. 

B.2295 Shattuck Avenue, 2107 Bancroft Way (Mason Temple Building); Structural Alteration Permit
(LM #10-40000009)**

• Status:
Structural Alteration Permit to modify an existing opening on an alley side elevation of a designated
landmark building and to replace an existing chain link gate with a decorative metal gate. 
• 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 subject to any identified conditions.

C. 2222 Harold Way (Armstrong University Building); Structural Alteration Permit (LM #10-40000011)**
• Status: Structural Alteration Permit 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.  The basement door will be removed and the foundation wall widened for the proposed
new door.   A secured entry gate is located on the Kittredge frontage. 
• 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 subject to any identified conditions.

D.  2548 Bancroft Way (2546-2554, Fred Turner Building); Structural Alteration Permit (LM #10-40000010)** 
 Status: Structural Alteration Permit to remove all existing entry frontage leading to a central courtyard area, as
well as covering and framing not original to the building.  A hidden, roll-up security grill would be installed and a
south-facing window to the courtyard for the westernmost tenant space (2546) would be replaced with a set of double entry doors. 
 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 subject to any identified conditions.

E. LPC Recommendations for New 2010 Downtown Area Plan Draft** 
 Status: The New 2010 Downtown Area Plan will be discussed June 22 by City Council prior to its being placed
on the November 2010 ballot.  LPC has requested that their recommendations be considered by the Council as part
of the review process.
• LPC Applicability: The LPO does not require that the LPC be an official part of the New DAP review process, but
LPC has expressed concern as to potential implications for landmarks and older buildings in the expanded Plan
Area and wishes to take action on a set of recommendations to be discussed by the CC. 
• Staff Recommendation:  LPC should approve a focused set of policy level recommendations on preservation
related issues in the current plan draft that are considered to have negative implications for potential designations
as well as for landmarks and structures of merit in the plan area.   

7. SECTION 106 CONSULTATION
     None

8. ACTION ITEMS
A. Approve amended action minutes for May 6, 2010 meeting**
B. Establish demolition subcommittee
C. Reactivate landmark application form subcommittee

9.   DISCUSSION ITEMS
A. Chair Report 
B. Staff Report
 
1.   Distribution of Annual Report 2009 of the Development Agreement between the City of Berkeley
and the Bayer Corporation for the West Berkeley Campus

2.  August Meeting: currently on calendar for Thursday the 5th 
3.  Annual Required Training Session—continued comments
4.  Cost Reductions for LPC Packets—Continued comments

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.   Acheson Commons Plan Concepts:**
Informational preview by architect Kirk Peterson of pending project that will include alterations to three landmark
buildings and properties (MacFarlane’s, Acheson, and Ace Hardware) within the downtown area block bounded
by University Avenue, Walnut Street, Berkeley Way and Shattuck Avenue, including demolition of two older, multi-
unit residential buildings.

11.  COMMISSION INFORMATION 
A. Notice of Decision (NOD) for 2600 Bancroft Way (University YWCA), Landmark Designation **
B. Notice of Decision (NOD) for 1170 The Alameda (North Branch Library) SAP**
C. Notice of Decision (NOD) for 2204 Shattuck Ave (Shattuck Hotel Storefront) SAP**
D. Communications**
1. Berkeley City Club letter  

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.   Berkeley Historical Plaque Project: CO, GP, AW
B.   2525 Telegraph.  GP, MN, CO, AW
C.   2130 Center Street: RJ (chair), CO, GP
D.   1512 La Loma: CO (chair), MN, AP, SW
E.   West Berkeley Branch Library: CL (chair), MN, CO, GP
F.   North Berkeley Branch Library: AH (chair), RJ, CO
G.   Claremont Branch Library: AW (chair), CO, SW
H.   2611 Ashby (Amy and Frederick Corkill House): CO, SW
I.   2086 Allston Way (Shattuck Hotel): CO (chair), RJ, GP
J.   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)
 

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 HAS ADJOURNED.