General Information
General Information

LANDMARKS PRESERVATION COMMISSION 
AGENDA

 Date: Thursday, July 3, 2014
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 Library (2090 Kittredge St.) and the Permit Service Center (2120 Milvia St.)

The Commission consists of nine members appointed by City Council:
Austene Hall, Chair
Anne Wagley, Vice-Chair
Tom Beil
Dmitri Belser
Christopher Linvill
Rose Marie Pietras
Paul Schwartz
Shannon Brown
Vacant

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 two 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.

Correspondence and Notice of Decision Requests
To distribute correspondence to Commission members prior to the meeting date -- submit comments by 12:00 noon, seven (7) days before the meeting. Please provide 15 copies of any correspondence with more than ten (10) pages or if in color or photographic format. This method is strongly preferred.
• Correspondence received by 4:00 pm the Tuesday before the meeting will be posted on the Commission web site for review by the Commission and public prior to the meeting. Correspondence received later, and after the meeting, will be posted to the web site following the meeting.
• Any correspondence received after this deadline will be given to Commission members on the meeting date just prior to the meeting.
• Staff will not deliver to Commission members any additional written (or e-mail) materials received after 12:00 noon on the day of the meeting.
• Members of the public may submit written comments themselves at the meeting. To distribute correspondence at the meeting, please provide 15 copies and submit to the Landmarks Preservation Commission Secretary. Please be advised: You are strongly advised to submit written comments prior to the meeting date as Commission members do not have an opportunity to read written materials handed out at the meeting.
• Written comments, or a request for a Notice of Decision should be directed to the Landmarks Preservation Commission Secretary.

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 | szarnowitz@cityofberkeley.info | 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 request an item be taken off of the Consent Calendar to allow for discussion and testimony.

PRELIMINARY MATTERS

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 on Non-Agenda and Information Items (Limit: three minutes per person; five minutes per organization)

4. AGENDA CHANGES
A. Consent Calendar
B. Other Changes


ACTION CALENDAR

5. CONSENT CALENDAR

6. PUBLIC HEARINGS
A. 3332 Adeline Street
**
Structural Alteration Permit Application LMSA2013-0013 to allow modification of an existing telecommunication facility consisting of adding six antennas, replacing and relocating three existing antennas and concealing within a screen wall.
CEQA: Exempt

7. MILLS ACT CONTRACTS
A. 1418 Spruce Street
**
Mills act contract application (COB Landmark Carrick House and Dunster Cottages)

8. REFERRALS
A. 2539 Telegraph UP Demo**
Use Permit #2013-0061 including demolition of existing one-story commercial building greater than 40 years old.

B. Scoping Session**
Notice of Preparation (NOP) of a Draft Environmental Impact Report for the proposed 2539 Telegraph Avenue mixed-use project. LPC to provide comments on the scope of the DEIR related to historical resources.

9. CONTINUED OFF CALENDAR
A. 80-90 Bolivar Drive
Berkeley Aquatic Park Landmark Designation Application
LM # 12-40000007 Initiated by Application

10. SECTION 106 CONSULTATIONS
A. Berkeley Post Office  
    
City Council Meeting 6/24
http://www.cityofberkeley.info/Clerk/City_Council/2014/06_Jun/Documents/2014-06-24_Item_52_Comments_on_Proposed_Preservation.aspx

11. AD HOC Subcommittee or Liaison 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)
A. ZAB Design Review Committee (DRC)
B. Survey (AH, RMP, CL)
                2014 CLG Grant Award
C. 2211 Harold Way (The Residences at Berkeley Plaza) (RMP, AH, PS, TB) 
                July 17, 2014 Next Meeting
D. 2201-05 Blake Street (CL)
E. Berkeley Post Office (AH, AW, SB)

12. ACTION MINUTES
      June 5, 2014 Meeting action minutes

INFORMATION REPORTS Commissioners may ask for discussion to be scheduled on a future agenda (per Brown Act, no deliberation or final action may be taken).

13. NTHP Berkeley Preservation Fund Grant
       May 15, 2014 Deadline - www.preservationnation.org/funding/Berkeley

14. Chair Report

15. Staff Report

16. Future Council Calendar Items

17. 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 initiate landmark and historic district designations 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. 2482-2498 Telegraph Avenue and 2445-2449 Dwight Way (CO 12/7/11)
QQ. 2301-2315 Telegraph Avenue / 2445-2449 Dwight Way (CO 12/7/11)
RR. 2328-2346 Telegraph Avenue / 2441-2447 Durant Avenue (CO 12/7/11)
SS. 2400-2402 Telegraph Avenue / 2486-2498 Channing Way (CO 12/7/11)
TT. 2410-2422 Telegraph Avenue (CO 12/7/11)
UU. 3049 Adeline Street (CO 3/12/12)
VV. “Manoa Historic District”- 2530 Dwight Way, 2524 Dwight Way, 2503 Regent Street, 2509 Regent Street, 2511 Regent Street, 2515 Regent Street, 2517 Regent Street, 2506 Dwight Way, 2502 Dwight Way/2501 Telegraph Avenue, 2512–2516 Regent Street/2525 Telegraph Avenue (CO 3/12/12)
WW. 1400 Sixth Street (CO 6/7/13)

18. CURRENT LAND USE PROJECTS (BMC SECTION 23B.24.030.B)
http://www.cityofberkeley.info/ContentDisplay.aspx?id=62826
Projects proposing demolition of buildings greater than forty years old
A. Non-Residential Structures (LPC referral / BMC Section 23C.08.050)
1. UP# 2013-0061 (2539 Telegraph Ave.)
B. Residential Structures
1. UP # 13-10000002 Single Family (524 Cragmont Ave.)
2. UP # 2014-0010 (801 Jones)
3. UP # 2014-0018 (1629A Harmon)

19. 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.

20. ADJOURN
The Senior Center closes at midnight and the meeting must adjourn by 11:45 p.m.

ANNUAL LPC MEETING SCHEDULE

January             No Regular Meeting
February           Thursday 2/6/14
March                Thursday 3/6/14
April                  Thursday 4/3/14
May                   Thursday 5/1/14
June                  Thursday 6/5/14 (Canceled)
June                  Monday 6/9/14 (Special Meeting)
July                    Thursday 7/10/14 (Cancelled)
July                    Thursday 7/3/14 (Rescheduled)
August               No Regular Meeting
September        Thursday 9/4/14
October             Thursday 10/2/14
November         Thursday 11/6/14
December         Thursday 12/4/14


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