LANDMARKS PRESERVATION COMMISSION
MEETING ANNOUNCEMENT AND AGENDA

 

Date:   Thursday, August 5, 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.    

Wheelchair ICON ADA  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
                      LPC@ci.berkeley.ca.us , 2120 Milvia Street, Berkeley, CA 94704

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).

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
The staff would like to remind all members of the commission to please switch off the power for their cellular phones
during the meeting, for their frequency disrupts the recording process.

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
A.  Consent Calendar (LPC consideration of routine or non-controversial projects)
B.  Other Changes

5. CONTINUED PUBLIC HEARINGS
     None

6. PUBLIC HEARINGS 
A.  2134 Allston Way (Berkeley Community YWCA); Structural Alteration Application (LM # 10-40000014)**
 
• Status:  Structural Alteration Permit to replace and existing door with a store front window and modify the existing,
large storefront window to create sliding, operable glazed panels.  These modifications are to the ground floor
commercial space 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.  1545 Dwight Way (Fish-Clark House); Landmark Designation Application (LM #10-40000002)**
• Status: Nomination of the property as a City of Berkeley Landmark or Structure of Merit.  On March 1, 2010, the
nomination was initiated by petition with more than 50 verified signatures gathered from residents of the McGee
Spalding neighborhood.  The property owner’s representative was notified and on July 20, 2010, the City received
the Landmark Designation Application for the property.  
• 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 Commission open the public hearing, receive public
testimony and, based on the written and oral evidence direct staff to return a Notice of Decision consistent with the Commission’s determination. 

7. SECTION 106 CONSULTATION
     None

8. ACTION ITEMS
     A. Minutes: Approve amended action minutes for July 1, 2010 meeting**

9. DISCUSSION ITEMS
    A. Chair Report 
    B. Staff Report
 

C. Subcommittee, Liaison Comments: Opportunity for Commissioner comment on status of projects for which the
LPC has established a subcommittee or liaison
     1.   North Congregational Church of Berkeley (Grace North Church)
     2.   North Branch Library
     3.   Claremont Branch Library

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).

10.  COMMISSION INFORMATION 
A. Notice of Decision (NOD) for 2222 Shattuck Avenue (Shattuck Hotel/Hinks Building), SAP**
B. Notice of Decision (NOD) for 1085 Ashby Avenue (Heinz Building) SAP**
C. Communications** 

11.  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 (chair)
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 (chair)
I.   2086 Allston Way (Shattuck Hotel): CO (chair), RJ, GP
J.   2750 Adeline Street: CO (chair), GP, SW
K.  Forms: CO (chair), RJ, AW
L.  2138 Cedar Street / Grace North Church: AH, CL, CO (chair), GP
 
12.  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)

13. 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 

14.  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.

15.  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.