General Information
General Information

 
                                                                            LANDMARKS PRESERVATION COMMISSION 
                                                                             MEETING ANNOUNCEMENT AND AGENDA

Date
: Thursday, March 7, 2013
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 February 7, 2013

7. PUBLIC HEARINGS

8. REFERRALS
    A. 2201 Dwight Way**
    UP#12-10000021 to demolish an existing one-story commercial building (constructed in 1947) and construct a five-
    story, 81-unit apartment building. Comments on the Draft Environmental Impact Report are also requested.

9. SECTION 106 CONSULTATIONS (None)

10. ACTION ITEMS 
      A. Minutes: Approve February 7, 2013 Meeting draft action minutes**

11. DISCUSSION ITEMS
      A. 2211 Harold Way Preview (The Residences at Berkeley Plaza)**
      SAP#13-40000002 to alter the Landmark Shattuck Hotel and demolish the Hink’s Department Store 1926 and 1958
      additions to allow construction of a Mixed Use Development with 355 dwelling units, 13,885 square feet of ground-
      floor commercial space, and a 308-space underground parking garage.

      B. Department of Parks, Recreation & Waterfront 
           None 

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

      D. Staff Report 
         1. UC Design Review

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      

      B. Future Council Meetings on LPC Decisions
         1. 2517 Regent Street LM Structure of Merit Designation Appeal 3/19/13 

      C. 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) 
         1. Ad Hoc Survey Committee (Olson, Hall)

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 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. 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)
YY. 2425 Atherton Street (CO/GP 2/7/13)

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 of buildings greater than forty years old:
A. UP#13-10000001 single-family house (1936 Delaware St.)
B. UP#12-10000060 single-family house (1911 Ninth Street)
C. UP #12-10000045 single-family house (2830 Ninth Street)
D. UP #12-10000021 one-story commercial building (2201 Dwight Way)
E. UP # 12-10000012 two-story commercial building (2429 Telegraph Ave.)
F. UP #13-10000006 private school building (2246 McKinley Ave.)


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.


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