LANDMARKS PRESERVATION COMMISSION
MEETING ANNOUNCEMENT AND AGENDA

Date: Thursday, December 6, 2012
Time: 7:00 p.m.
Place: North Berkeley Senior Center, 1901 Hearst Avenue


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)
Rose Marie Pietras . . . . . (Mayor Bates)
Paul Schwartz… . . . . . . . (Wengraf)
Anne Wagley . . . . . . . . . .(Worthington)
David Ruegg ………. . . (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 12
noon 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
(510) 981-7410 (Main Line) | LPC@ci.berkeley.ca.us | 2120 Milvia Street, Berkeley CA 94704

Request for initiation of Landmark or Structure of Merit designation on a future agenda 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
Please switch off power of all cellular phones during the meeting, as the 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
B. Other Changes

5. CONSENT CALENDAR (None)
The Consent Calendar allows the Commission to take one action with no discussion, on projects to which no one
objects. The Commission Chairperson will announce items for the Consent Calendar. The Commission may place
additional Public Hearing items on the Consent Calendar, if no one present wishes to testify on an item. Anyone
present who wishes to speak on an item should raise his or her hand and advise the Chair, and the item will be
pulled from the consent calendar. Modification projects may be discussed by the Commission at this meeting or set
for a public hearing at a later meeting. Items already noticed for a public hearing will be heard following Continued
Items, or, if necessary, posted for a public hearing at a subsequent date.

6. CONTINUED PUBLIC HEARINGS
A. 80-90 Bolivar Drive
Berkeley Aquatic Park City of Berkeley Landmark Designation Application
LM # 12-40000007 Initiated by Application
            Continued from November 1, 2012


B. 2133 University Ave**
(Application Materials, Staff Reports and CEQA Documents are Available on the Internet: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=62168)
Structural Alteration Permit LM #10-40000020 to allow the rehabilitation of the Landmark McFarlane Building (1970-
1987 Shattuck Ave./2101-2109 University Ave.) and Landmark Ace Hardware Building (2145 University Ave.)
facades and construction of new six-story mixed-use buildings within the existing footprints; and the rehabilitation of
the Landmark Acheson Physicians Building (2125 University Ave.) including replacement of office space with
dwelling units.

The Project also includes the rehabilitation of the historical Krishna Copy Building (2111-2113 University Ave.)
facade and construction of a new six-story mixed-use building within the existing footprint; and demolition of two
historical residential buildings (1922/1924 and 1930 Walnut St.) to allow the construction of a new six-story
residential building.

Staff Recommendation: The Landmarks Preservation Commission, following ZAB certification of the EIR, OPEN
the Public Hearing, take comment, and approve the Structural Alteration Permit with Findings and Conditions
consistent with the LPO and the Final EIR.


7. PUBLIC HEARINGS

8. REFERRALS
A. 39 Canyon Road**
UP #12-10000046 for the addition of an elevator shaft at the northwest corner of a Non-contributing structure in the
Panoramic Hill Historic District.

9. SECTION 106 CONSULTATIONS (None)

10. ACTION ITEMS
A. Minutes: Approve November 1, 2012 Meeting draft action minutes**


11. DISCUSSION ITEMS
A. Department of Parks, Recreation & Waterfront
Aquatic Park Improvement Program DEIR Schedule

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

C. Staff Report

12. OTHER MATTERS Commissioners may ask for discussion to be scheduled on a future agenda (per Brown
Act, no deliberation or final action may be taken).
A. Communications
1. BAHA Letter: Berkeley Main Post Office**

B. AD HOC SUBCOMMITTEES OR LIASION COMMENTS: Opportunity reports on status of projects for which the
LPC has established a subcommittee or liaison. (Note: Site will come off the subcommittee list upon approval of a
Certificate of Occupancy)

13. POTENTIAL INITIATIONS
The Commission may establish and maintain an ongoing list of structures, sites and areas having a special historical, architectural or aesthetic interest or value. After public hearings, the Commission may designate landmarks and
historic districts from the list.
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. 2482-2498 Telegraph Avenue and 2445-2449 Dwight Way (CO 12/7/11)
RR. 2301-2315 Telegraph Avenue / 2445-2449 Dwight Way (CO 12/7/11)
SS. 2328-2346 Telegraph Avenue / 2441-2447 Durant Avenue (CO 12/7/11)
TT. 2400-2402 Telegraph Avenue / 2486-2498 Channing Way (CO 12/7/11)
UU. 2410-2422 Telegraph Avenue (CO 12/7/11)
VV. 1163 Euclid Avenue (GP 02/02/12)
WW. 3049 Adeline Street (CO 3/12/12)
XX. “Manoa Historic District”- 2530 Dwight Way (George Edwards House), 2524 Dwight Way (Alexander C. Stuart
House), 2503 Regent Street (Lucinda Reames House), 2509 Regent Street (Lucinda Reames House), 2511 Regent
Street (William Wilkinson House No. 2), 2515 Regent Street (William Wilkinson House No. 1), 2517 Regent Street
(Mary J. Berg House), 2506 Dwight Way (The Bonnet Box), 2502 Dwight Way/2501 Telegraph Avenue (Mrs. Edmund
P. King Building), 2512–2516 Regent Street/2525 Telegraph Avenue (Needham-Obata Building) (CO 3/12/12)

14. LIST OF PERMIT SITES PROVIDED IN COMPLIANCE WITH BERKELEY MUNICIPAL CODE (BMC)
SECTION
23B.24.030.B Land Use Planning Current Projects:
http://www.cityofberkeley.info/ContentDisplay.aspx?id=62826 including the following projects proposing demolition:
A. 2201 Dwight Way (R-5) (UP #12-10000021) New Apartment Building
B. 1931-1935 Addison Street New Mixed-Use Building (C-DMU) (UP #12-10000042) Demolish to construct 6-story
mixed-use bldg

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.