Planning and Development Department Current Planning Division Landmarks Preservation Commission LANDMARKS PRESERVATION COMMISSION Action Minutes Date: Monday, March 6, 2000 Time: 7:30 p.m. Place: North Berkeley Senior Center, 1901 Hearst Avenue I. ROLL CALL Present: Richard Dishnica, Jill Johnson (for Jeffrey Eichenfield), Leslie Emmington, Robert Kehlmann, Doug Morse, Carrie Olson, Becky O Malley, Chair Burton Edwards Absent: Jeffrey Eichenfield II. AGENDA CHANGES (Com. Emmington) Add Southside Committee to Miscellaneous Ad Hoc Committee reports (Com. Edwards) Burton Edwards presented his letter of resignation from the Design Review Committee. Carrie Olson was elected to fill the DRC position by acclamation, Com. Edwards moved, Com. O Malley seconded, no objections. Carrie will attend the 3/16 DRC meeting. III. APPROVAL OF FEBRUARY 7 TH MINUTES Minutes were approved as amended (Com. Edwards moved, Com. Kehlmann seconded, 7 ayes, Com. Johnson abstained). Changes included: Item VIII A. Com. Kehlmann did not second the substitute motion with Com. Dishnica. He made the motion to continue the public hearing, which was seconded by Com. Emmington. Commissioners requested staff to listen to the tapes to determine who seconded the motion to close the public hearing. Commissioners also changed the wording of the motion to say Willow Grove Park instead of Lower Grove Park. This change will be made to the NOD. Com. Kehlmann requested that the minutes reflect the membership of ad hoc committees as well as the chair of each committee. Com. O Malley added that she had volunteered to research the processes used by the redevelopment agency and funding issues and report back to the Commission. Item VIII B. (a. Benches) will be changed to read that the old park benches would not be replicated, better to have fewer benches, and consultants with expertise in the area of landscaping alterations. Item IX A. Com. Edwards included removal of a trellis base to the description of the project on the Structural Alteration Permit??? Item X C. Commissioners asked Staff to listen to the tape to determine who seconded the substitute motion. IV. NOTICES OF DECISION A. Shellmound Designation as a Berkeley Landmark NOD accepted with changes Com. Emmington asked that the property address in the NOD be changed to read: Three blocks bounded by University Avenue, Hearst Avenue, I-880 and 4 th Street, including:620 Hearst Ave, 1916 2 nd St, 1930 2 nd St, 1920 2 nd St, 642 Hearst St, 701 University Ave, 1900 4 TH St and the northbound off-ramp (eastern side) of 1-880, the public right-of-ways of 2 nd St, 3 rd St and 4 th Street between Hearst and University Ave, the railroad track bed on 3 rd St between Hearst Street and University Ave and the strip of land along 3 rd Street tracks identified as parcel 057-
Page 2 of 5 2104-00300 (this is not public right-of-way and has no street address. Com. Emmington continued the discussion by describing excavation work that had started in the Shellmound area. Com. Olson presented a photo. Commissioners requested that Staff send the NOD to Public Works, as well as Pacific Bell, PG&E, and CALTRANS. Com. O Malley suggested that Staff contact the archeologist at CALTRANS. B. 2555 Rosewalk Structural Alteration Permit Approval Accepted C. 2140 Shattuck Avenue Structural Alteration Permit Approval Accepted V. PUBLIC COMMENT (Limits: 3 minutes per person; 5 minutes per organization) Councilmember Kriss Worthington addressed the Commission regarding comments made by the UC Chancellor to UC student groups regarding plans to build student housing in People s Park. Com. Olson responded to Mr. Worthington s remarks by encouraging the LPC to get involved in working groups between students and BAHA to promote alternative sites. Commissioners unanimously agreed that Com. Edwards will write a letter to David Duncan, the UC Planner, regarding the Central Services Project intended for the Underhill lot and expressing the language in the February 7 motion. Com. Olson suggested that another letter needed to be written for the Wiley house, another Berkeley landmark, which is to be sold or demolished by the UC. Com. Olson moved to close public comment, Com. Kehlmann seconded, unanimous. VI. COMMISSIONER COMMUNICATION DISCLOSURE Com. Dishnica spoke with the applicants for 2447 Durant; Olds, Dean, Perry, Holden, and Cerny regarding Civic Center; and Tim Kelley and Wilson Wendt regarding 801 Grayson. Com. O Malley toured 801 Grayson with Wilson Wendt and Tim Kelley. Com. Morse, Com. Emmington, Com. Olson and Com. Johnson toured 801 Grayson with Wilson Wendt and Tim Kelley. Com. Edwards, Com. O Malley, and Com. Olson spoke with Mike Alfaro. Com. Kehlmann toured 801 Grayson with Wilson Wendt and Tim Kelley, and attended the Civic Center meeting with Com. Dishnica. VII. VIII. ACTION ITEMS None CONTINUED PUBLIC HEARINGS A. Civic Center Historic District -Discussion with City Attorney: Commissioners asked Zack Cowan, Deputy City Attorney, about his written response to questions listed in the February 7 minutes. (Com. Dishnica) Who is lead agency? Should Parks & Recreation or LPC review EIR documentation? (Zack) Both should review the EIR. LPC has permit authority. In regards to sequencing or in terms of a roadmap, this issue does not involve Parks & Rec. LPC should consider itself the operative arm and not worry about Parks & Rec. (Com. O Malley) What about CEQA review versus permit approval sequence? (Zack) Adopt CEQA first but the two approvals usually happen at approximately the same time, within minutes of each other. Permit approval comes second. (Com. Emmington) So the problem here is that we don t have a full project description? (Zack) the Commission cannot have a fully informed discussion whether or not the impacts have been fully mitigated. (Com. Olson) Please explain how the library negative declaration met this process? (Zack) There are two ways. The first is conceptual approval with subsequent environmental review. The second is concurrent approval of environmental review and permit. In the case of Civic Center Park, the project kept being reviewed until it was out of date. The library process was not a model process. The difference is
Page 3 of 5 a program level document versus a project level EIR. (Com. Kehlmann) What actions are appealable by the public? (Zack) Permits, designations and suspensions. EIR is not appealable until the permit is decided/acted on. (Com. Emmington) Are we a Certified Local Government? (Staff) We are. (Com. Emmington) Zack, please review how this effects our decisions under CEQA. (Com. Edwards) Please restate your advice regarding the motion to adopt the mitigated negative declaration regarding Civic Center Park. (Zack) Request a revised EIS that closely tracks what Staff is presenting in the same level of detail as the project and adopt both when the permit comes before the Commission. -Request from City Council to Rescind the Notice of Decision that adopted the Mitigated Negative Declaration MOTION: Commission moves to rescind the adoption of the mitigated negative declaration on November 1, 1999 for the Civic Center Park and rescind the Notice of Decision to that effect. Com. Edwards moved, Com. Kehlmann seconded, 5 ayes (Com. Dishnica, Com. Kehlmann, Com. Olson, Com. Edwards, Com. Johnson), 2 nayes (Com. Emmington, Com. Morse), and 1 abstain (Com. O Malley) -Structural Alteration permit for modifications to Civic Center Park. Commissioners heard testimony from Tim Perry regarding keeping the decision of level of environmental review within the LPC and that historical resources are different than environmental resources. Deborah Chernin requested that the Commission set special meetings in April and May to receive the Commissions direction regarding the project and proposed that the revised EIS could circulate in May and June. The Commission could take action in July and construction begin in August. The Commissioners agreed and asked staff to schedule the special meetings. Capital Projects Staff presented the modified plans for Civic Center Park. MOTION: THE LPC approves in concept the replacement in kind of the evergreen trees, requires a height limit on Milvia of 35 feet, finds the addition of flowering trees at the end of the alleés on the Allston/Milvia and Center/Milvia edges problematic, and requests that the landscape plan utilize a mix of species and varieties. Com. Olson moved, Com. Dishnica seconded. Unanimously passed. B. 2036-2040 Shattuck Avenue, Kress Building Structural alteration permit for a landmark building (continued from October 1999 for the review of all exterior signs) MOTION: Com. Kehlmann moved to continue public hearing. Com. O Malley seconded. Passed unanimously. C. 1960 San Antonio, including 639 Arlington Public hearing for Landmark designation application (continued from October 1999 for further information). MOTION: Com. Kehlmann moved to continue public hearing. Com. Dishnica seconded. Passed unanimously. XII. INITIATIONS (OUT OF ORDER) A. 2700 Bancroft Way MOTION: Com. Olson moved to re-initiate 2700 Bancroft Way. Com. O Malley seconded. 7 ayes and 1 abstain (Com. Johnson) MOTION: Com. Olson moved to set 2700 Bancroft Way as a public hearing at the April regular meeting. Com. Emmington seconded. 7 ayes and 1 abstain (Com. Johnson) IX. NEW PUBLIC HEARINGS A. 801 Grayson Street - Potential Designation Proposal for Landmark or Structure of Merit Status Com. Johnson requested that the City Attorney review whether or not the demolition of the glass
Page 4 of 5 receiving vault constitutes impermissible segmentation under CEQA. Com. Kehlmann expressed concern regarding how the City is proceeding with the possible illegal demolition of the vault. Com. Kehlmann requested that the Commission send a memo to the City Attorney asking what recourse is available. Dick Thomas, Site Manager for Bayer, spoke to the Commission in opposition to the designation and in support of the demolition. In addition, he spoke of new standards for modern industrial users i.e. the physical layout and the need for clean rooms. Marvin Buchanan, with Bayer, presented the new project for the site and supported it. Tim Kelley, historian for Bayer, spoke in opposition to the designation. Joe Cassidy, Toxics Contractor, told the Commission he had reviewed the site for adaptive reuse and analysis had determined it would not be feasible. Kenneth Mark, of EQE, told the Commission that the buildings do not meet seismic performance standards. Glen Wilson, Engineering Contractor, told the Commission that the buildings are not structurally safe. Joe Cassidy, the Engineering Contractor of the previous applicant for the site, told the Commission that there are problems with ground water and that it is impossible to drive piles or piers into the existing buildings. Sue Markland Day, Bay Area Bioscience Center and National Trust Member, spoke in opposition to the designation and in support of the demolition. Rachel Ruppert, Berkeley Chamber of Commerce, spoke in support of the demolition. Marvis Barriman, 35-year employee of Bayer, spoke in support of the demolition. Jill Duke and Mary Alice Bynum, ILWU, spoke in support of the demolition. Richard Loewke, professional Environmental Planner spoke in support of the demolition. MOTION: Com. Olson moved to close the public hearing, Com. Dishnica seconded, Unanimous. MOTION: The LPC moves to designate Philadelphia Quartz at 801 Grayson Street as a City of Berkeley Site of Merit for the interrelation of the buildings and the different manufacturing processes that they represent, including all of the lot number 541738. Com. O Malley moved, Com. Morse seconded. SUBSTITUTE MOTION: The LPC moves to designate Philadelphia Quartz buildings 1, 2, 3, 4, the mixing room, and the Epsom and Metso Plants at 801 Grayson Street as a City of Berkeley Structure of Merit for their significance as presented in section 15 of the landmark application excluding the last sentence and for their merit under the Landmarks Preservation Ordinance criteria 1 and 2 (a., b., and d). Com. Morse moved, Com. O Malley seconded, 5 ayes (Com. Emmington, Com. Johnson, Com. Morse, Com. Olson, Com. O Malley), 2 nayes (Com. Dishnica, Com. Edwards), and 1 abstain (Com. Kehlmann) B. 3222-3224 Adeline Street - Potential Designation Proposal for Landmark or Structure of Merit Status Eric Mikiten, the architect, presented the project, and spoke in opposition to the designation. Mark Reilly, of RCD, spoke in opposition to the designation. MOTION: The LPC moves not to designate 3222-3224 Adeline Street as a City of Berkeley Landmark or
Page 5 of 5 Structure of Merit but encourages the designers of the future building to retain the storefront in their plans. Com. Olson moved, Com. Dishnica seconded, 7 ayes, and 1 naye (Com. Johnson). X. DISCUSSION A. 1819 10 th Street - Finnish Hall wall mosaic proposal - Discussion and Comment Com. Kehlmann will draft letter to present LPC comments to the Finnish Hall. B. UC Seismic Replacement Building (2223 Fulton Street) - Discussion of potential historical resource - No discussion C. 2 Uplands - Discussion and Comment on proposed wall adjacent to the Claremont District Public Amenities Northerly Gateway Landmark. Com. Edwards addressed the property owners and stated that he was not supportive of their plans because the proposed wall would be a detriment to the landmark. He encouraged them to use plantings instead of a wall. He volunteered to work with the applicants on an Ad Hoc Committee including Com. O Malley. D. Definition of Demolition - Discussion on Recommendation to Request a Joint Meeting with the Planning Commission or to send a Subcommittee to the March 29 th Public Hearing. The LPC voted to request a joint meeting with the Planning Commission on 3/29. Com. O Malley, Com. Edwards, unanimous. E. 1301 Oxford - Temple Beth Proposal - Discussion of Notice of Preparation for the EIR - No Discussion. XI. XII. XIII. XIV. MISCELLANEOUS AD HOC COMMITTEE REPORTS Added Southside Plan Subcommittee (Com. Emmington) OTHER MATTERS/CORRESPONDENCE Com. Edwards (w/ Com. Olson) to write letter to University re: Underhill/Dining Commons design inappropriate to neighborhood INITIATIONS POTENTIAL INITIATIONS XV. AGENDA FOR APRIL 3RD, 2000 XVI. ADJOURN Meeting was adjourned at 12:30 pm. G:\CURPLAN\LPC\LPC-MTGS\Min-2000\MARCH6.DOC