LANDMARKS PRESERVATION COMMISSION
MEETING ANNOUNCEMENT AND AGENDA

Please click here for a PDF version of the agenda


Date:
 Thursday, December 1, 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 ICONADA  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, Sally Zarnowitz
 (510) 981-7410 (Main Line)  |  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: In the context of adjudicative matters that come before the LPC, ex-parte
communications are those which occur outside of the formal hearing process. LPC members should avoid ex-parte
contacts on matters pending before the LCP as much as possible, as they may represent, or be perceived to
represent, the receipt of evidence that can unfairly influence a decision on a matter before the Commission. If such
contacts do occur, they must be placed in the record and disclosed to all interested parties sufficiently in advanced
of the decision to allow rebuttal.

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. PUBLIC HEARINGS 
      None

6. CONTINUED REFERRALS
A.
 2598 Shattuck Avenue
     Use Permit #08-10000130 to demolish an existing single-story garage, older than 40 years, in order to construct a
     new mixed-use building, on a site currently occupied by an automobile sales lot. Planner: Aaron Sage**
     (Continued from October 6, 2011)

7. REFERRALS
A. 2727 Milvia Street 
     Berkeley Iceland Adaptive Reuse Project Draft Environmental Impact Report (DEIR). The project proposes to:
     (1) rehabilitate the 53,334-square-foot Berkeley Iceland building, a Streamline Moderne-style City Landmark and
     (2) convert the building to commercial retail use. Planner: Leslie Mendez**

8. SECTION 106 CONSULTATIONS
       None.

9. ACTION ITEMS
A.  Minutes:
Approve draft action minutes for the September 2011 meeting
B. Minutes: Approve draft action minutes for the October 2011 meeting
C. Minutes: Approve draft action minutes for the November 2011 meeting
D. Meeting ScheduleApprove draft 2012 LPC meeting schedule**

10.  DISCUSSION ITEMS
A. Project Reports from Department of Parks, Recreation & Waterfront

B. Chair Report 
1. City of Berkeley Landmark #1 (Old City Hall)
 

C. Staff Report
1. Mills Act Contract Review
: December 6, 2011 City Council Agenda
2. 2441 Haste Street Fire
3. Designation Initiation:
1915 Addison Street by petition, signature verification.
4. 2288 Fulton Street (Odd Fellows Temple): Report on façade maintenance project including in-kind
replacement of marble cladding and brass vent covers.

D. Subcommittee, Liaison Comments:
Opportunity for Commission comment on status of projects for which
the LPC has established a subcommittee or liaison

1. Green Pathways Subcommittee: LPC to consider authorizing subcommittee to write a comment letter to the
    Planning Commission, signed by the LPC Chair for presentation at December 7, 2011 PC hearing.

E.  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).

11.  COMMISSION INFORMATION 
A. Communications
None

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 (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
K. 2201-2205 Blake Street (Bartlett House): CL, AW, GP, CO
L. Downtown Area Plan Green Pathways Ordinance: AW, CO, AH (11/3/11)
 
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. 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)
QQ.  2626 BANCROFT,UC BERKELEY ART MUSEUM (CO 11/3/11)

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 online at the link below:
 HTTP://WWW.CITYOFBERKELEY.INFO/CONTENTDISPLAY.ASPX?ID=62826 
 
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.