LANDMARKS PRESERVATION COMMISSION
MEETING ANNOUNCEMENT AND AGENDA

Date: Thursday, October 6, 2011
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.  The
Landmarks Preservation Commission consists of nine members appointed by the City Council
(Commissioners in bold,Council members in parenthesis):

Carrie Olson, Chair. . . . . (Maio)
Austene Hall, Vice-Chair  (Arreguin)
Gary Parsons. . . . . . . . . (Capitelli)
Christopher Linvill. . . . . (Anderson)
Miriam Ng. . . . . . . . . . . . (Moore)
Antoinette Pietras. . . . . .(Mayor Bates)
Paul Schwartz… . . . . . . . (Wengraf)
Anne Wagley .. . . . . . . . .(Worthington)
Steve Winkel. . . . . . . . . .(Wozniak)


 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.

For inclusion in the Commissioners’ agenda packet, please submit written comments by Wednesday the
week prior to the meeting. One set of “late communications” will be distributed to the Commissioners 2
days before the meeting. Please submit any material for distribution as “late communications” no later
than 12noon on the Tuesday prior to the meeting. Please be advised: Commissioners do not have an
opportunity to read written materials handed out at 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.

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).

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, as 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. 2205-2207 Blake Street (Bartlett Property) Structural Alteration Permit Application (LM #11-40000010)
1. Status:
Permit application to reconstruct and alter the collapsed rear, northeast corner of a structure identified
as a feature of significance (servants quarters/second Bartlett house), to rebuild the front entry pourt, including
restoration and replacement of missing decorative elements, to construct landscape improvements for the site,
including provisions for a new driveway (entry using existing curb cut from Fulton Street) and four (4) on-site
parking spaces, and continuation of existing siding along the newly constructed concrete foundation according to a
proposed amendment to the approved SAP (LM #07-40000030) for the foundation work which removes the
requirement to face the new foundation with brick to replicate the appearance of the original foundation. 
2. 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.
3. Staff Recommendation: Staff recommends that the Commission review the proposed alterations and
reconstruction of exterior features and the proposed landscape plan, amend the approved foundation SAP to
remove the requirement for brick facing and approve the project subject to any identified conditions. 

B.2539 Benvenue Avenue (Jennie C. Smith House) Structural Alteration Permit Application (LM #08-40000012)
1. Status:
Permit application to construct a new single unit residence at the rear of a designated City Landmark
property and make appropriate landscape improvements.
2. 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.
3. Staff Recommendation: Staff recommends that the Commission review, discus and take appropriate action,
including identified conditions, to approve the project. 

7.  REFERRALS
A.  2598 Shattuck Avenue: 
Demolition of small brick building at rear corner of Honda sales lot that was part of a
former gas station on the site and was inadvertently not included in project review with ZAB and Council in 2010.
Due to a Court order, prior City Council approval must be rescinded and project must be re-considered, and this
demolition will be included in that consideration. (Staff: Aaron Sage, Senior Planner)

8.  SECTION 106 CONSULTATION
       None.

9. ACTION ITEMS
A. Minutes:
Approve draft action minutes for the September 1, 2011 meeting**
 
10.  MILLS ACT APPLICATIONS FOR 2012
A. Contract Applications:
  Provide recommendations to be used as part of the submission to City Council for
action prior to the end of the year on all contracts received to date (year 2011):
1. 2811 Benvenue (Westenberg House)
2. 22 Roble Road (Duncan and Jean McDuffie Estate)
3. 1984 San Antonio Road (Spring Mansion Carriage House)
4. 1340 Arch Street (Wallace House)

11.  DISCUSSION ITEMS
A. 2727 Milvia (Berkeley Iceland) Advisory Preview:
Project concepts reuse of the approximately 53,334
square foot landmarked ice rink (Berkeley Iceland) as a commercial retail facility (Sports Basement); alterations
to include construction of two internal mezzanines totaling approximately 18,528 square feet and removal of the
earthen berms located on the north and south sides of the building to accommodate approximately 44 on-site
parking spaces.  Staff recommends that the LPC take comments to the Initial Study/environmental Checklist, and
provide advisory comments to the applicant. 
B. 2120 Oxford Street (UC Press Building): Jennifer McDougall, UC Staff Planner Presentation on new
Berkeley Art Museum and Pacific Film Archive project.
C. Project Reports from Department of Parks, Recreation & Waterfront: 
1. Susan Ferrera, Staff: Report on tree replacement in Civic Center Park
D.  Chair Report 
E.  Staff Report
 1.  Designation Initiation: 2927 Garber Street by property owner
F.   Subcommittee, Liaison Comments: Opportunity for Commissioner comment on status of projects for which
the LPC has established a subcommittee or liaison
G.  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. Communications**

B. Downtown Plan Area Update:
Acting Planning Director Wendy Cosin on the Green Pathways Concept
under consideration

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.   West Berkeley Branch Library: CL (chair), MN, CO, GP
E.   North Berkeley Branch Library: AH (chair), GP, CO
F.   Claremont Branch Library: AW (chair), CO, SW
G.   2611 Ashby (Amy and Frederick Corkill House): CO, SW (chair)
H.   2086 Allston Way (Shattuck Hotel): CO (chair), PS, GP
I.  Forms: CO (chair), AW
J. 1326 Allston Way (City Corp Yard): CO, GP, AW
 
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. Berkeley High School, Building C, 1920; W. C. Hayes (LE 9/13/99)
C. John Galen Howard Power Station, UC Campus (CO 4/3/00)
D. McCauley Foundry at Carleton and 7th Streets (4/3/00)
E. UC Storage Station, James Plachek, Architect (4/3/00)
F. “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)
G. 1842-1878 Euclid Avenue (CO 9-14-07)
H.  Berkeley High School Campus Historic District (SW 1/3/08)
I.  2746 Garber Street (SW 3/5/09)
J. 1950 ADDISON STREET (CO 11/16/10)
K. 2070 ADDISON STREET (CO 11/16/10)
L. 100 BERKELEY SQUARE (CO 11/16/10)
M. 124 BERKELEY SQUARE (CO 11/16/10)
N. 134 BERKELEY SQUARE (CO 11/16/10)
O. 1901 BONITA AVENUE (CO 11/16/10)
P.  1920 BONITA AVENUE (CO 11/16/10)
Q.  2132 CENTER STREET (CO 11/16/10)
R.  1940 CHANNING WAY (CO 11/16/10)
S.  2121 DURANT AVENUE (CO 11/16/10)
T.  1920 HASTE STREET (CO 11/16/10)
U.  2113 KITTREDGE STREET (CO 11/16/10)
V.  2124 KITTREDGE STREET (CO 11/16/10)
W.  2138 KITTREDGE STREET (CO 11/16/10)
X. 1905 MARTIN LUTHER KING JR. WAY (CO 11/16/10)
Y.  2122 SHATTUCK AVENUE (CO 11/16/10)
Z.  2150 SHATTUCK AVENUE (CO 11/16/10)
AA.  2168 SHATTUCK AVENUE (CO 11/16/10)
BB.  2177 SHATTUCK AVENUE (CO 11/16/10)
CC.  2225 SHATTUCK AVENUE (CO 11/16/10)
DD.  2257 SHATTUCK AVENUE (CO 11/16/10)
EE.  2270 SHATTUCK AVENUE (CO 11/16/10)
FF.  2274 SHATTUCK AVENUE (CO 11/16/10)
GG.  2281 SHATTUCK AVENUE (CO 11/16/10)
HH.  2414 SHATTUCK AVENUE (CO 11/16/10)
II.  TERMINAL PLACE (ALLEY) (CO 11/16/10)
JJ.  2041 UNIVERSITY AVENUE (CO 11/16/10)
KK.  2044 UNIVERSITY AVENUE (CO 11/16/10)
LL.  1907 WALNUT STREET (CO 11/16/10)
MM.  1922 WALNUT STREET (CO 11/16/10)
NN.  1925 WALNUT STREET (CO 11/16/10)
OO.  1930 WALNUT STREET (CO 11/16/10)
PP.  2927 GARBER STREET (GP 08/19/11)

15. 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.CITYOFBERKELEY.INFO/CONTENTDISPLAY.ASPX?ID=62826 

13.  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.
 
14.  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.