12 connected with the use or occupancy of any rental unit. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained.
D. "Landlord" means an owner of record, lessor, sublessor or any other person or entity entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.
E. "Rent" means the consideration, including any deposit, bonus, benefit or gratuity demanded or received for or in connection with the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, monies and fair market value of goods or services rendered to or for the benefit of the landlord under the rental agreement.
F. "Rental agreement" means an agreement, oral, written or implied, between a landlord and a tenant for use or occupancy of a rental unit and for housing services.
G. "Rental unit" means any unit in any real property, including the land appurtenant thereto, rented or available for rent for residential use or occupancy (including units covered by the Berkeley Live/Work Ordinance No. 5217-NS), located in the City of Berkeley, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant.
H. "Property" means a parcel of real property which is assessed and taxed as an undivided whole.
I. "Tenant" means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a renter’s interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit.
J. "Skilled nursing facility" means a health facility or a distinct part of a hospital which provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. It provides 24-hour inpatient care and, as a minimum, includes medical, nursing,
13 dietary, pharmaceutical services and an activity program. The facility shall have effective arrangements, confirmed in writing, through which services required by the patients, but not regularly provided within the facility, can be obtained promptly when needed.
K. "Health facility" means any facility, place or building which is organized, maintained and operated for the diagnosis, care and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which such persons are admitted for a 24-hour stay or longer.
L. "Recognized tenant organization" means any group of tenants, residing in rental units in the same building or in different buildings operated by the same management company, agent or landlord, which requests to be so designated.
M. "Rent ceiling" means the maximum allowable rent which a landlord may charge on any rental unit covered by this chapter.
N. "Base rent ceiling" means the maximum allowable rent established under Section 13.76.100 of this chapter.
O. "Fees" means for the purpose of this chapter, a charge fixed by law for services of public officers or for use of a privilege under control of government.
P. "Nonprofit, accredited institution of higher education" means a post secondary educational institution whose legal status under the California Education Code is verified by an annual validation receipt from the California State Department of Education, and which is accredited by the Western Association of Schools and Colleges or the Association of Theological Schools and which is exempt from taxation under Section 501 (c)(3) of the United States Internal Revenue Code and under Section 23701(d) of the Revenue and Taxation Code, and which, if otherwise required by law to do so, has obtained a valid unrevoked letter or ruling from the United States Internal Revenue Service or from the Franchise Tax Board which states that the organization so qualifies for exemption from taxation.
14 Q. "Newly Constructed" means a rental unit created after June 30, 1980. For purposes of this definition, the date a unit was created is based upon the date of the first certificate of occupancy issued for the subject unit. However, in the event of the repeal or amendment of Civil Code Section 1954.52, such that "certificate of occupancy" is no longer the operative standard set forth under state law, the date a unit was created shall be determined by the final inspection approval by the City.
R. Notwithstanding any other provision in this ordinance, and to the extent that state or local law does not prohibit a local jurisdiction from regulating the rent on a residential rental unit, such units shall not be exempt as “newly constructed units” and, unless otherwise exempt, shall be covered by all provisions of this chapter. This includes, but is not limited to, any residential rental units created as a result of demolition or replacement where such demolition or replacement is affected via the creation of a “housing development project” as defined in the Housing Crisis Act of 2019 (Senate Bill 330).
Section 2: Section 13.76.050 of the Berkeley Municipal Code is amended to read as follows:
13.76.050 Applicability
This chapter shall apply to all real property that is being rented or is available for rent for residential use in whole or in part, except for the following:
A. Rental units which are owned by any government agency. However, the exemption of units owned by the Berkeley Housing Authority from the terms of this chapter shall be limited to their exemption from the terms of Section 13.76.080, Rent Registration; Section 13.76.100, Establishment of Base Rent Ceiling and Posting; Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter.
B. Rental units which are rented primarily to transient guests for use or occupancy less than fourteen consecutive days in establishments such as hotels, motels, inns, tourist homes, and rooming and boarding houses. However, the payment of rent every fourteen days or less shall not by itself exempt any unit from coverage by this chapter.
15 C. Rental units in nonprofit cooperatives owned and controlled by a majority of the residents.
D. Rental units leased to tenants assisted under the Section 8 program (42 U.S.C.
Section 1437f) or the Shelter Plus Care Program (42 U.S.C. 11403 et. seq.) or similar federally funded rent subsidy program. Except as may be preempted by state or federal law, the exemption of such rental units from the terms of this chapter shall be limited to Section 13.76.080, Rent Registration; Section 13.76.100, Establishment of Base Rent Ceiling and Posting; Section 13.76.110, Annual General Adjustment of Rent Ceilings and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter.
However, the exemption from Sections 13.76.080, 13.76.110 and 13.76.120 shall apply only for so long as the rent demanded does not exceed the authorized Payment Standard, which, for purposes of this subsection, is the maximum monthly rental assistance potentially available to an assisted household before deducting the household share of income paid for rent and utilities as established by the Berkeley Housing Authority or successor agency. For units where the rent demanded exceeds the Payment Standard, the Payment Standard or an initial rent above the Payment Standard if approved by the Berkeley Housing Authority, as reported to the board by the Berkeley Housing Authority or successor agency, shall become the unit’s base rent ceiling and the reference point from which the rent ceiling shall be adjusted in accordance with Sections 13.76.110 and 13.76.120.
E. Rental units in any hospital, skilled nursing facility, health facility, asylum, or non- profit home for the aged.
F. Rental units in a residential property which is divided into a maximum of four units where one of such units is occupied by the landlord as his/her principal residence. Any exemption of rental units established under this subsection (13.76.050 F.) shall be limited to rental units that would have been exempt under the provisions of this chapter had this chapter been in effect on December 31, 1979. After July 1, 1982, this exemption shall no longer apply to rental units in a residential property which is divided into three or four units. It shall continue to apply to rental units in a residential property which is divided into two units, and which meet all the other requirements of this subsection (13.76.050F). However, the exemption of such rental units shall be limited to
16 their exemption from the terms of Section 13.76.100, Establishment of Base Rent Ceiling and Posting; Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter. Rental units which become non-exempt under this provision shall have the provisions of Subsections 13.76.080I and 13.76.100C. applied to them.
G. A rental unit in a residential property where the landlord shares kitchen or bath facilities with the tenant(s) of such rental unit and where the landlord also occupies a unit in the same property as his/her principal residence.
H. For the purposes of Subsections 13.76.050 F. and G., the term landlord shall be defined only as the owner of record holding at least 50% interest in the property.
I. Newly constructed rental units, as defined in Section 13.76.040Q. However, the exemption of such newly constructed units shall be limited to their exemption from the terms of Section 13.76.100, Establishment of Base Rent Ceiling and Posting:
Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter. To the extent that state law permits, the exemption of such newly constructed units shall be limited to the first 20 years after completion of construction.
J. A rental unit which is rented by a nonprofit, accredited institution of higher education to a tenant or tenants who are student(s), faculty, or staff of the institution or of a member school of the Graduate Theological Union, provided, however, that the institution owned the unit as of January 1, 1988.
K. A rental unit in a residential property owned by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code that is rented to a low income tenant and subject to a regulatory agreement with a governmental agency that controls the unit’s rent levels. However, the exemption for such rental units from the terms of this chapter shall be limited to Section 13.76.080, Rent Registration; Section 13.76.100, Establishment of Base Rent Ceiling and Posting; Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings of this chapter and shall apply only for so long as the regulatory agreement is in effect. This exemption shall not apply to rental units at the
17 property that are not subject to a regulatory agreement with a governmental agency or that are rented by a tenant who occupied the unit prior to the property’s acquisition by the tax-exempt organization.
L. Rental units in a facility owned or leased by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code that has the primary purpose of operating a treatment, recovery, therapy, sanctuary or shelter program for qualified clients, where such rental units are provided incident to the client’s participation in the primary program and where the client has been informed in writing of the temporary or transitional nature of the housing at the inception of his or her participation in the program. However, except as may be preempted by the Transitional Housing Participant Misconduct Act (California Health and Safety Code Sections 50580 et. seq.) or other state or federal law, such rental units shall not be exempted from the terms of Section 13.76.130, Good Cause Required for Eviction. For purposes of Section 13.76.130.A.2, the client’s continued eligibility for participation in the treatment, recovery, therapy, sanctuary or shelter program shall be deemed a material term of the client’s rental agreement with the program’s operator.
M. A rental unit or room which is rented by an active member of a fraternity or sorority recognized by the University of California Berkeley, or a rental unit or room which is rented by an active member of a fraternity or sorority identified by Rent Board Resolution. To qualify for the exemption, the rental unit must be owned by the fraternity or sorority or by an entity whose sole purpose is the maintenance and operation of the fraternity or sorority’s rental units for the benefit of the members in order to provide housing to said members at cost.
N. A rental unit in a residential property containing only a Single Family Dwelling (as defined in Subtitle 23F.04 of the Zoning Ordinance) and one lawfully established and fully permitted Accessory Dwelling Unit where the landlord also occupies a unit in the same property as his/her principal residence. This subsection (13.76.050N) shall only apply to properties containing a single Accessory Dwelling Unit, shall only apply to units compliant with all applicable requirements of Chapter 23C.24 ("Accessory Dwelling Units"), and shall only apply to tenancies created after November 7, 2018. However, the exemption of such rental units shall be limited to their exemption from the terms of
18 Section 13.76.100, Establishment of Base Rent Ceiling and Posting; Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter.
O. A dwelling or a unit alienable separate from the title to any other dwelling unit unless the tenancy commenced before January 1, 1996. However, the exemption of such units shall be limited to their exemption from the terms of Section 13.76.100, Establishment of Base Rent Ceiling and Posting: Section 13.76.110, Annual General Adjustment of Rent Ceilings; and Section 13.76.120, Individual Adjustments of Rent Ceilings, of this chapter. A property owner who owns only one residential unit in the City of Berkeley, and occupied that residential unit for 365 consecutive days as their principal residence immediately prior to renting the unit, and is absent from the unit for a period not to exceed 24 months, and such period is specified in the lease, shall also be exempt from the terms of Section 13.76.080, Rent Registration, of this Chapter. The exemptions provided in this Section shall apply only as long as the pertinent provisions of California Civil Code Section 1954.50 et. seq. ("Costa-Hawkins") remain in effect and require such an exemption.
Section 3: Section 13.76.060 of the Berkeley Municipal Code is amended to read as follows:
13.76.060 Rent Stabilization Board
A. Composition. There shall be in the city of Berkeley an elected rent stabilization board; the board shall consist of nine commissioners. The board shall elect annually as chairperson one of its members to serve in that capacity.
B. Eligibility. Residents who are duly qualified electors of the city of Berkeley are eligible to serve as commissioners on the board.
C. Full disclosure of holdings. Candidates for the position of commissioner shall fulfill the requirements as set forth in the City Charter in Article III, Section 6 1/2.
19 In addition, when filing nomination papers, candidates shall submit a verified statement of their interests and dealings in real property, including but not limited to its ownership, sale or management and investment in and association with partnerships, corporations, joint ventures and syndicates engaged in its ownership, sale or management during the previous three years.
D. Election of commissioners. Commissioners shall be elected at the statewide general election held in November of even numbered years.
E. Terms of office. Commissioners’ terms of office shall be as set forth in Article XVII of the Berkeley City Charter.
F. Powers and duties. The elected rent stabilization board shall have the power to determine, to arbitrate and to set rent levels, whether through general or individual adjustments, of any unit which has controlled rents under any Berkeley Ordinance, and to administer any Berkeley program which regulates rents and evictions. The board shall have the following powers and duties:
1. Set the rent ceilings for all rental units.
2. Require registration of all rental units under Section 13.76.080.
3. Publicize the manner in which the base rent ceiling is established under Section 13.76.100.
4. To make adjustments in the rent ceiling in accordance with Sections 13.76.110 and 13.76.120.
5. Set rents at fair and equitable levels in view of and in order to achieve the purposes of this chapter.
6. To issue orders, rules and regulations, conduct hearings and charge fees as set below.
7. Make such studies, surveys and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties.
20 8. Report annually to the city council of the city of Berkeley on the status of rental housing units covered by this chapter.
9. Request the City Council to remove rent controls under Section
13.76.060Q.
10. Administer oaths and affirmations and subpoena witnesses and relevant documents.
11. Establish rules and regulations for settling civil claims under Section 13.76.150.
12. Seek injunctive relief under Section 13.76.150.
13. Pursue civil remedies in courts of appropriate jurisdiction.
14. Intervene as an interested party in any litigation brought before a court of appropriate jurisdiction by a landlord or tenant with respect to rental units covered by this chapter.
15. Hold public hearings.
16. Charge and collect registration fees, including penalties for late payments.
17. Other powers necessary to carry out the purposes of this chapter which are not inconsistent with the terms of this chapter.
18. Except as provided in Section 13.76.060N of this chapter, the board shall finance its reasonable and necessary expenses for its operation without the use of general fund monies of the city of Berkeley.
G. Rules and Regulations: The board shall issue and follow such rules and regulations, including those which are contained in this Chapter, as will further the purposes of this Chapter. The board shall publicize its rules and regulations prior to promulgation in at least one newspaper of general circulation in the city of Berkeley.
21 All rules and regulations and relevant documents explaining the decisions, orders, and policies of the board shall be kept in the board’s office and shall be available to the public for inspection and copying.
The board shall publicize this Chapter so that all residents of Berkeley will have the opportunity to become informed about their legal rights and duties under this Chapter.
The board shall prepare a brochure which fully describes the legal rights and duties of landlords and tenants under this Chapter. The brochure shall be made available to the public.
H. Meetings: The board shall hold regularly scheduled meetings. Special meetings shall be called at the request of at least a majority of the commissioners of the board.
The board shall hold its initial meeting no later than July 15, 1980.
I. Quorum: Five commissioners shall constitute a quorum for the board.
J. Voting: The affirmative vote of five commissioners of the board is required for a decision, including all motions, rules, regulations, and orders of the board.
K. Compensation: The rent stabilization board shall be a working board.
Commissioners shall be paid compensation and benefits in an amount set by the board in order to compensate commissioners for their time and work performed as required by this chapter and the city charter.
L. Dockets: The board shall maintain and keep in its office all hearing dockets, which shall be available for public inspection.
M. Vacancies: If a vacancy shall occur on the board, a qualified person to fill such vacancy shall be selected in accordance with the procedures set forth in Article V of the City Charter.
N. Financing: The board shall finance its reasonable and necessary expenses by charging landlords annual registration fees in amounts deemed reasonable by the board. The registration fee for partially-exempt units shall reasonably approximate the cost of registration and counseling services for such units, and shall not include the cost of services from which such units are exempt. Such registration fees shall not be
22 passed on to tenants in the form of rent increases except with the express prior approval of the board. The board is also empowered to request and receive funding, when and if necessary, from the city of Berkeley and/or any other available source for its reasonable and necessary expenses, including expenses incurred at the request of the City.
O. Staff: The board shall be a working board and shall employ such staff as may be necessary to perform its functions efficiently and as provided by Berkeley Ordinance.
P. Registration: The board shall require the registration of all rental units covered by this chapter as provided for in Section 13.76.080. The board may also require landlords to provide current information supplementing their registration statements.
Q. Decontrol: If the annual average vacancy rate for all rental units in the city of Berkeley exceeds five percent over a six month period, the city council is empowered, upon request by the board, at its discretion and in order to achieve the purposes of this chapter, to exempt rental units covered by this chapter from Sections 13.76.080, 13.76.100, 13.76.110 and 13.76.120 of this chapter. In determining the vacancy rate for the city of Berkeley the board and the city council shall consider all available data and may conduct their own survey. If units are exempted pursuant to this Subsection Q coverage shall be reimposed if the city council finds that the average annual vacancy rate has thereafter fallen below five percent. Prior to any decision to exempt or renew coverage for rental units under this Subsection Q the board shall hold at least two public hearings.
R. Q. Conflict of Interest: Commissioners shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Commissioners shall not necessarily be disqualified from exercising any of their powers and duties on the grounds of a conflict of interest solely on the basis of their status as a landlord or tenant. However, a commissioner shall be disqualified from ruling on a petition for an individual adjustment of a rent ceiling under Section 13.76.120, where the commissioner is either the landlord of the property or a tenant residing in the property that is involved in the petition.
23 Section 4: Section 13.76.130 of the Berkeley Municipal Code is amended to read as follows
13.76.130 Good cause required for eviction
A. No landlord shall be entitled to recover possession of a rental unit covered by the terms of this chapter unless said landlord shows the existence of one of the following grounds:
1. The tenant has failed to pay rent to which the landlord is legally entitled pursuant to the lease or rental agreement and under the provisions of state or local law, unless the tenant has withheld rent pursuant to applicable law; and said failure has continued after service on the tenant of a written notice setting forth the amount of rent then due and requiring it to be paid, within a period, specified in the notice, of not less than three days. Rent that is lawfully withheld pursuant to emergency legislation that authorizes rent withholding during the effective period of a state of emergency applicable in Berkeley shall not constitute grounds for recovery of possession except as expressly provided in the applicable emergency legislation. Emergency legislation adopted during the emergency may prohibit recovery of possession for lawfully withheld rent even after the expiration of a state or local emergency.
2. The tenant has continued, after written notice to cease, to substantially violate any of the material terms of the rental agreement, except the obligation to surrender possession on proper notice as required by law, and provided that such terms are reasonable and legal and have been accepted in writing by the tenant or made part of the rental agreement; and provided further that, where such terms have been accepted by the tenant or made part of the rental agreement subsequent to the initial creation of the tenancy, the landlord shall have first notified the tenant in writing that he or she need not accept such terms or agree to their being made part of the rental agreement. Notwithstanding any contrary provision in this chapter or in the rental agreement, a landlord is not entitled to recover possession of a
24 rental unit under this subsection where a tenant permits his or her rental unit to be occupied by a subtenant, provided:
a. The landlord has unreasonably withheld consent to the subtenancy; and
b. The tenant remains an actual occupant of the rental unit; and c. The number of tenants and subtenants actually occupying the rental unit does not exceed the number of occupants originally allowed by the rental agreement or the board's regulations, whichever is greater the maximum number of occupants legally allowed under Section 503(b)(2) of the Uniform Housing Code as incorporated by California Health & Safety Code Section 17922, except where prohibited by law. d. Withholding of consent by the landlord shall be deemed to be unreasonable where:
(i) The tenant’s written request for consent was given at least two weeks prior to commencement of the subtenancy; tenant has made a written request to the landlord to either sublet the unit and/or add additional occupants, and the landlord has failed to respond in writing within fourteen (14) days of the tenant’s request; or
(ii) The proposed new subtenant has, upon the landlord’s written request, completed the landlord’s standard form application or provided sufficient information to allow the landlord to conduct a standard background check, including references and credit, income and other reasonable background information, and the proposed new subtenant or additional occupant meets the landlord’s customary occupancy qualifications and has not refused the landlord’s request to be bound by the terms of the current rental agreement between the landlord and the tenant; and or
(iii) The proposed new subtenant meets the landlord’s customary occupancy qualifications and has not refused the landlord’s request to be bound by the terms of the current rental agreement between the landlord and the tenant; and
25 (iii iv) The landlord has not articulated in writing a well-founded reason for refusing consent. A landlord’s reasonable denial may not be based on the proposed occupant’s lack of credit worthiness or income if that occupant will not be legally obligated to pay some or all of the rent to the landlord.
e. Where a landlord can establish that the proposed additional occupant presents a direct threat to the health, safety, or security of other residents of the property, the landlord shall have the right to deny the proposed tenant’s occupancy.
f. Before initiating an action to recover possession based on the violation of a lawful obligation or covenant of tenancy regarding subletting or limits on the number of occupants in the rental unit, the landlord shall serve the tenant a written notice of the violation that provides the tenant with a minimum of fourteen (14) days to cure the violation. The notice must also inform the tenant(s) of their right to add subtenants and/or add additional occupants pursuant to this section.
3. The tenant has willfully caused or allowed substantial damage to the premises beyond normal wear and tear and has refused, after written notice, to pay the reasonable costs of repairing such damage and cease damaging said premises.
4. The tenant has refused to agree to a new rental agreement upon expiration of a prior rental agreement, but only where the new rental agreement contains provisions that are substantially identical to the prior rental agreement, and is not inconsistent with local, state and federal laws.
5. The tenant has continued, following written notice to cease, to be so disorderly as to destroy the peace and quiet of other tenants or occupants of the premises or the tenant is otherwise subject to eviction pursuant to subdivision 4 of Code of Civil Procedure Section 1161.
6. The tenant has, after written notice to cease, refused the landlord access to the unit as required by state or local law.
26 7. a. The landlord, after having obtained all necessary permits from the City of Berkeley, seeks in good faith to undertake substantial repairs which are necessary to bring the property into compliance with applicable codes and laws affecting the health and safety of tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of tenants of the building, and where such repairs cannot be completed while the tenant resides on the premises. b. Where such repairs can be completed in a period of 60 or fewer days, and the tenant, within 30 days after the service of a notice of termination of his or her tenancy, agrees in writing to vacate the premises during the period required to complete the repairs at no charge to the landlord, other than abatement of the obligation to pay rent for the premises during the period required to complete the repairs, the landlord may not recover possession pursuant to this subsection (13.76.130A.7.) unless the tenant shall fail or refuse to vacate the premises in accordance with such agreement.
c. Where the landlord owns any other residential rental units in the City of Berkeley, and any such unit is vacant and available at the time of premises or the entry of a judgment by a court of competent jurisdiction awarding possession of the premises to the landlord, the landlord shall, as a condition of obtaining possession pursuant to this subsection (13.76.130A.7.), notify tenant in writing of the existence and address of each such vacant rental unit and offer tenant the right, at the tenant’s option:
(i) To enter into a rental agreement (to be designated as a "temporary rental agreement") on any available rental unit which the tenant may choose, at a rent not to exceed the lesser of the lawful rent which may be charged for such available rental unit or the lawful rent in effect, at the time of the notice of termination of tenancy, on the unit being vacated, said rental agreement to be for a term of the lesser of ninety days or until completion of repairs on the rental unit being vacated by tenant; or
27 (ii) To enter into a new rental agreement or lease for such available rental unit at a rent not to exceed the lawful rent which may be charged for such available rental unit.
d. Where the landlord recovers possession under this subsection (13.76.130A.7.), the tenant must be given the right of first refusal to re- occupy the unit upon completion of the required work. In the event the landlord files an application for an individual rent adjustment within six months following the completion of the work, the tenant shall be a party to such proceeding the same as if he or she were still in possession, unless the landlord shall submit, with such application, a written waiver by the tenant of his or her right to re-occupy the premises pursuant to this subsection.
8. The landlord, after having obtained all necessary permits from the City of Berkeley, seeks in good faith to recover possession of the rental unit, in order to remove the rental unit from the market by demolition.
9. Owner Move-in Evictions.
a. The landlord seeks in good faith with honest intent and without ulterior motive to recover possession for his/her own use and occupancy as his/her principal residence for a period of at least 36 consecutive months; or
b. For the use and occupancy as the principal residence by the landlord’s spouse or by the landlord’s child, or parent for a period of at least 36 consecutive months.
c. For the purposes of this subsection (13.76.130A.9.), the term landlord shall be defined as the owner of record, as of the time of giving of a notice terminating tenancy, and at all times thereafter to and including the earlier of the tenant’s surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the landlord, holding at least a
28 50% interest in the property and shall not include a lessor, sublessor, or agent of the owner of record.
d. All notices terminating tenancy pursuant to
subsection 13.76.130.A.9 shall include the following: the existence and potential availability of relocation assistance under subsection
13.76.130A.9.g; the existence of tenant protections for families with minor children as defined in subsection 13.76.130A.9.k; the name and relationship of any qualified relative for purposes of subsection
13.76.130A.9b; and the landlord’s ownership interest in any residential properties in the City of Berkeley where such interest, in any form whatsoever, is ten percent (10%) or greater. The landlord shall, within ten days of giving notice, file a copy of the notice terminating tenancy with the Rent Board.
e. The landlord may not recover possession under this subsection (13.76.130A.9.) if a comparable unit, owned by the landlord in the City of Berkeley, was, at the time of the landlord’s decision to seek to recover possession of the rental unit, already vacant and available, or if a comparable unit, owned by the landlord in the City of Berkeley, thereafter becomes vacant at any time until the earlier of the tenant’s surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the landlord. In an action by or against the tenant, evidence that a comparable unit was vacant and available within ninety days prior to the date of a notice terminating the tenant’s tenancy shall create a presumption that such unit was vacant and available at the time of the landlord’s decision to seek to recover possession of the premises. "Presumption" means that the court must find the existence of the presumed fact unless and until the contrary is proven by a preponderance of the evidence.
f. The landlord shall offer any non-comparable unit owned by the landlord to the tenant if a non-comparable unit becomes available
29 before the recovery of possession of the tenant’s unit at a rate based on the rent the tenant is paying with an upward or downward adjustment based on the condition, size, and other amenities of the replacement unit. Disputes concerning the initial rent for the replacement unit shall be determined by the Rent Board. g. Where a landlord recovers possession of a unit under subsection
13.76.130A.9, the landlord is required to provide standard relocation assistance to tenant households where at least one occupant has resided in the unit for one year or more in the amount of $15,000. The landlord is required to provide an additional $5,000 relocation assistance to tenant households that qualify as low-income; or include disabled or elderly tenants; minor children; or tenancies which began prior to January 1, 1999. The relocation fees set forth above shall be increased in accordance with the rules set forth in subsection
13.76.130A.9.h below. The procedures for payment of this relocation assistance are set forth below in subsection 13.76.130A.9.p.(i) through (iv). The following definitions apply for any tenant households evicted for owner move-in under subsection 13.76.130A.9:
(i) "Low-income tenants" means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in Health and Safety Code Section 50079.5.
(ii) A person is "disabled" if he/she has a physical or mental impairment that limits one or more of a person’s major life activities within the meaning of the California Fair Housing and Employment Act (Government Code § 12926).
(iii) "Elderly" is defined as sixty (60) years of age or older. (iv) "Minor child" means a person who is under 18 years of age.
30 (v) "Tenancy began prior to January 1, 1999" is a tenancy where an "original occupant" (as defined by Berkeley Rent Board Regulation) still permanently resides in the rental unit.
h. Effective January 1 of each year beginning in 2018, the fees set forth above in subsection 13.76.130A.9.g., may be increased in an amount based on the Consumer Price Index - All Urban Consumers in the San Francisco-Oakland-San Jose Region averaged for the 12- month period ending June 30, of each year, as determined and published by United States Department of Labor. Any increase shall be published by the Board on or before October 31st of each year. i. It shall be evidence that the landlord has acted in bad faith if the landlord or the landlord’s qualified relative for whom the tenant was evicted does not move into the rental unit within three months from the date of the tenant’s surrender of possession of the premises or occupy said unit as his/her principal residence for a period of at least 36 consecutive months.
j. Once a landlord has successfully recovered possession of a rental unit pursuant to subsection 13.76.130A.9.a., then no other current or future landlords may recover possession of any other rental unit on the property pursuant to subsection 13.76.130A.9.a. It is the intention of this subsection that only one specific unit per property may be used for such occupancy under subsection 13.76.130A.9.a and that once a unit is used for such occupancy, all future occupancies under subsection
13.76.130A.9.a must be of that same unit.
k. A landlord may not recover possession of a unit from a tenant under subsection 13.76.130A.9 if any tenant in the rental unit has a custodial or family relationship with a minor child who is residing in the unit, the tenant with the custodial or family relationship has resided in the unit for 12 months or more, and the effective date of the notice of termination of tenancy falls during the school year. The term "school year" as used in this subsection means the first day of instruction for
31 the Fall Semester through the first day of the month following the last day of instruction for the Spring Semester, as posted on the Berkeley Unified School District website for each year.
(i) For purposes of subsection 13.76.130A.9.k, the term "custodial relationship" means that the person is a legal guardian of the child, or has a caregiver’s authorization affidavit for the child as defined by Section 6550 of the California Family Code, or that the person has provided full-time custodial care of the child pursuant to an agreement with the child’s legal guardian or court-recognized caregiver and has been providing that care for at least one year or half of the child’s lifetime, whichever is less. The term "family relationship" means that the person is the biological or adoptive parent, grandparent, brother, sister, aunt or uncle of the child, or the spouse or domestic partner of such relations.
l. A landlord may not recover possession of a unit from a tenant under subsection 13.76.130A.9 if any tenant in the rental unit:
(i) Is 60 years of age or older and has been residing on the property for five years or more; or
(ii) Is disabled and has been residing on the property for five years or more; or
(iii) Has resided on the property for five years or more and the landlord has a ten percent (10%) or greater ownership interest, in any form whatsoever, in five or more residential rental units in the City of Berkeley. m. A tenant who claims to be a member of one of the classes protected by subsection 13.76.130A.9.l must submit a statement, with supporting evidence, to the landlord. A tenant’s failure to submit a statement at any point prior to the trial date of an unlawful detainer action for possession of the tenant’s unit shall be deemed an admission that the tenant is not protected by subsection 13.76.130A.9.l. A landlord may challenge a tenant’s claim of protected status by raising it as an
32 issue at trial in an unlawful detainer action for possession of the tenant’s unit.
n. The provisions of subsection 13.76.130A.9.l shall not apply to the following situations:
(i) Where a person is the owner of three or fewer residential units in the City of Berkeley and has no greater than a nine percent (9%) ownership interest in any other residential unit in the City of Berkeley; or (ii) Where each residential rental unit in Berkeley in which the landlord holds an ownership interest of ten percent (10%) or greater is occupied by a tenant otherwise protected from eviction by subsection 13.76.130A.9.I and the landlord’s qualified relative who is seeking possession of a unit subject to subsection 13.76.130A.9.b is 60 years of age or older or is disabled as defined in subsection 13.76.130A.9.l.(ii) above; or
(iii) Where each residential rental unit in Berkeley in which the landlord holds an ownership interest of ten percent (10%) or greater is occupied by a tenant otherwise protected from eviction by subsection 13.76.130A.9.I, the landlord has owned the unit for which possession is being sought subject to subsection 13.76.130A.9.a for five years or more and is 60 years of age or older or is disabled as defined in subsection 13.76.130A.9.l.(ii). o. Where a landlord recovers possession under Subsection
13.76.130A.9, the tenant must be given the right of first refusal to re- occupy the unit upon its next vacancy.
p. When a landlord is required to provide a relocation assistance payment subject to subsection 13.76.130A.9.g, the payment shall be divided among the tenants occupying the rental unit at the time of service of the notice to terminate tenancy.
(i) Within ten days of service of a notice terminating tenancy under subsection 13.76.130A.9, the landlord shall deposit the standard relocation assistance (for households where an occupant has resided one year or
33 more) with the City or its designated agent to be held in escrow. Within ten days after the funds are deposited into escrow, the City shall release the standard relocation assistance to the tenant household, unless the landlord notifies the Rent Stabilization Program in writing that he/she disputes the tenant’s eligibility to receive such assistance.
(ii) In order to claim entitlement to additional relocation assistance under subsection 13.76.130A.9.g, a tenant must notify the landlord and the Rent Stabilization Program in writing that he/she is claiming low-income, disabled, elderly, tenant with minor child status, or a claim that the tenancy began prior to January 1, 1999 (hereinafter "entitlement to additional relocation assistance") per subsection 13.76.130A.9.g within 30 days of filing of notice of termination of tenancy with the Rent Stabilization Program.
The landlord shall deposit the additional relocation payment with the Rent Stabilization Program or its designated agent to be held in escrow for any tenant household who claims entitlement to additional relocation assistance within ten days after such notice claiming entitlement to additional relocation assistance is mailed. Within ten days after the funds are deposited into escrow, the Rent Stabilization Program shall authorize release of the relocation assistance to the tenant household that claims entitlement to additional relocation assistance, unless the landlord notifies the Rent Stabilization Program in writing that he/she disputes the tenant’s eligibility to receive such assistance.
(iii) When a tenant household’s eligibility to receive standard or additional relocation assistance as described in subsection 13.76.130A.9.g is disputed, either party may file a Rent Board petition requesting a determination of eligibility or file a claim in a court of competent jurisdiction.
The Rent Stabilization Program shall release disputed relocation assistance funds to either the tenant or the landlord upon receipt of either a written agreement by both the landlord and the affected tenant, an order of a court of competent jurisdiction, or an order of a City or Rent Board hearing examiner issued pursuant to a petition process conducted in accordance with applicable Rent Board Regulations.
34 (iv) The landlord may rescind the notice of termination of tenancy prior to any release of relocation payment to the tenants by serving written notice stating such rescission on the tenants. In such instance, the relocation payment shall be released to the landlord. Subsequent to the release of any relocation payment to the tenants, the landlord may rescind the notice of termination of tenancy only upon the written agreement of the tenants to remain in possession of the rental unit. If the tenants remain in possession of the rental units after service of a landlord’s written notice of rescission of the eviction, the tenants shall provide an accounting to the landlord of the amount of the relocation payment expended for moving costs, return to the landlord that portion of the relocation payment not expended for moving costs, and assign to the landlord all rights to recover the amount of relocation payment paid to third parties. If a rescission occurs under this subsection, the tenant(s) shall continue the tenancy on the same terms as before the notice was served.
(v) Where a landlord has served a notice of termination of tenancy on a tenant prior to the date that this amendment takes effect and the notice of termination of tenancy has not expired, the landlord shall deposit the full relocation payment with the City or its designated agent to be held in escrow for the tenants if the tenants have not vacated the rental unit as of the effective date of this amendment, and the landlord shall pay the full relocation payment to the tenants if the tenants have vacated the rental unit as of the effective date of this amendment. Said deposit in escrow or payment to the tenants shall be made within ten days of the effective date of this amendment.
(vi) Failure of the landlord to make any payment specified herein shall be a defense to any action to recover possession of a rental unit based upon the landlord’s termination of tenancy notice pursuant to this subsection (13.76.130A.9). In addition, if the tenants of a rental unit have vacated the unit as a result of a notice of termination of tenancy pursuant to this subsection (13.76.130.A.9), and the landlord fails to make any payment
35 specified herein, the landlord shall be liable to the tenants for three times the amount of the payment as well as reasonable attorney fees. q. A tenant who prevails in an action brought under this subsection (13.76.130A.9), in addition to any damages and/or costs awarded by the court, shall be entitled to recover all reasonable attorney’s fees incurred in bringing or defending the action.
r. At least twice annually, Rent Board staff shall report to the Rent Board regarding the occupancy status of units possession of which has been recovered pursuant to this subsection (13.76.130A.9) within the prior 36 months.
s. If any provision or clause of this subsection (13.76.130A.9) or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses, and to this end the provisions and applications of this subsection are severable.
10. A landlord or lessor seeks in good faith to recover possession of the rental unit for his/her occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as his/her principal residence and has the right to recover possession of the unit for his/her occupancy as a principal residence under an existing rental agreement with the current tenants.
11. The tenant fails to vacate a rental unit occupied under the terms of a temporary rental agreement entered into pursuant to the provisions of subsection 13.76.130A.7.c., following expiration of the term of said temporary rental agreement, and following written notice of the availability of tenant’s previous rental unit for re-occupancy by tenant (if the term of the rental agreement has expired by reason of the completion of repairs on the old rental unit), or of written notice to quit (if the term of the rental agreement has expired by reason of the expiration of a period of 90 days).
36 B. A landlord’s failure to specify good cause as listed above in subsections 1. through
11. of Section 13.76.130A. in the notice of termination or the notice to quit and in the complaint for possession shall be a defense to any action for possession of a rental unit covered by the terms of this chapter.
C. In any action to recover possession of a rental unit covered by the terms of this chapter, except an action to recover possession under subsection
13.76.130A.7., 13.76.130.A.8, or 13.76.130.A.11., a landlord shall allege, as to each rental unit on the property, substantial compliance as of the date of the notice of termination or notice to quit and as of the date of the commencement of the action for possession with the implied warranty of habitability and compliance as of the date of the notice of termination or notice to quit and as of the date of the commencement of the action for possession with Sections 13.76.100 (Rent Ceiling) and 13.76.080 (Rent Registration) of this chapter.
D. The landlord shall file with the board a copy of any notice of termination, notice to quit, and summons and complaint, within ten days after the tenant has been served with such notice or summons and complaint.
Section 5. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
Sophie Hahn
Councilmember
District 5
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7150 ● TDD: (510) 981-6903 E-Mail: [email protected]
ACTION CALENDAR
July 26, 2022
(Continued from July 12, 2022)
To: Honorable Mayor and Members of the City Council
From: Councilmember Sophie Hahn (Author), Councilmembers Terry Taplin, Ben Bartlett and Kate Harrison (Co-Sponsors)
Subject: Restoring and Improving Access to City of Berkeley Website and Archival Materials
RECOMMENDATION
Direct the City Manager to:
1. Restore at previous URLs all PDF documents previously hosted on the City of Berkeley website.
2. Create a publicly accessible archival copy of the City’s previous website, CityofBerkeley.info, that can be accessed without logins and via internet search engines. Include a prominent disclaimer noting the date the website, page, or document was archived, with links redirecting to the active website or other responsive resource.
3. On the new website, update Commission pages to include a minimum of 2 years of historic agendas and other materials and update City Council and Council Committee pages to include at least 3 years of complete materials.
4. By July 15, 2022 develop and make available to all City staff and to the public training at beginner to expert levels on use of the City’s Records Online search function and create more extensive and less technical self-help resources covering basic and expert use.
5. In recognition of increased public traffic, update the Records Online homepage to explain how the portal works and link to more robust self-help resources and alternative search functions.
6. Coordinate with agency staff to include all relevant records (agendas, minutes, etc.) from Rent Board and Housing Authority in Records Online Portal.
ACTION
July 26, 2022
7. Update any remaining 404 pages to explain that the City’s website has been moved/updated, and provide links to helpful pages, search functions and/or pathways to access responsive materials. As quickly as possible, consider implementing redirects with wildcards to direct as many old links to relevant new website pages in lieu of the standard 404 page. E.g. cityofberkeley.info/planning* to the Planning Department site map/homepage, or Department Specific 404 page explaining new navigation.
Refer to the City Manager the following additional improvements to Records Online:
1. Within Records Online, provide unique archival/search categories for each City Commission, Board, Committee and Rent Board, and consider other useful categories, to assist users in narrowing results and identifying responsive materials.
2. Allow Records Online search results to be sorted by date and by other searchable factors. Consider means to integrate records online into default site search bar.
3. Explore and report back to Council options for improving the scope of Records Online, improving search options and sorting, and making all materials – or materials from January 1, 2000 (or an earlier recommended date) forward, searchable using internet search engines.
BACKGROUND
The recently launched new City Website has brought many important improvements, in particular with respect to customer/resident services. It’s much easier for users to find help with important functions such as requesting a service, reporting a pothole, or paying a bill, and to learn about public-facing services and facilities. It also includes well-organized foundational information about City departments and special projects. All of this represents a huge improvement for these users and uses.
The new website’s utility as a resource and archive for specialized or in-depth records and materials, however, has been severely hobbled. Staff has reported that over 15,000 pages were consolidated into 500, in an attempt to focus the website on a particular and important user experience. Unfortunately, other functionalities were severely reduced and users who have long relied on the website to access a broad range of important materials have limited opportunities to search for and find responsive documents.
Another consequence of removing the City’s “old” website is that all links in plans such as the Bicycle, Pedestrian, and Vision Zero Plans, Area Plans, the SOSIP Plan, the Climate Action Plan, Electric Mobility Plan - and all other Plans generated prior to launch of the new website - are broken. Links in every item, memorandum, study,
ACTION
July 26, 2022
regulation, footnote, press release, health order, or other document or statement generated by the City prior to launch of the new website are also dead.
Materials previously accessible via simple search engine queries are no longer accessible, except via an “old school” portal that requires time and expertise to navigate. Unlike 21st Century search engines, Records Online works best when a user knows exactly what they are looking for, including the title and date a document or topic was generated, severely limiting its utility. Broader searches generate voluminous results that cannot be easily browsed, adding significant time to locate materials that previously could be identified instantaneously. For members of the public curious about a City topic or policy, and in particular for staff and Council Members involved in research or writing memos, policies, programs, plans, and other in depth items, the extra time involved searching for responsive documents can add up to hours, and important documents are likely to be missed.
Compounding this problem, website pages that previously linked to years’ worth of archived documents, press releases, memos, regulations, plans and similar materials either no longer exist, or contain only shallow archives. As a result, a veritable trove of documents and reports important to understanding the history and current status of the City and its programs and policies, while technically still available via expert use of Records Online, are functionally beyond reach.
Addressing the loss of critical transparency and functionality with closure of the City’s previous website requires urgent action. This item requires both interim and long term solutions to be implemented on an expedited basis.
FINANCIAL IMPLICATIONS
Significant reduction in staff time across the organization chasing broken links and searching for materials in Records Online. Staff time to implement requested changes and research additional solutions.
CURRENT SITUATION AND ITS EFFECTS
The updated website presents significant challenges for important users and uses.
Members of the public, staff, and elected officials are no longer able to reliably locate or navigate current and historic materials. Critical transparency is vastly decreased, and user time across the City and among members of the public is increased, rendering both work and public participation more difficult and time consuming.
ACTION
July 26, 2022
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
N/A
CONTACT PERSON
Councilmember Sophie Hahn Council District 5 510-981-7150
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Sanctuary City Contracting Compliance Report for FY 2021
INTRODUCTION
City Council adopted ordinance 7,650-N.S., which is referred to as the Sanctuary City Contracting Ordinance (SCCO), in 2019. The SCCO states that the City shall not enter into a new, amended, or extended contract or agreement with any entity that provides United States Immigration and Customs Enforcement with data broker or extreme vetting services.
Section 13.105.040 requires the City Manager to report annually regarding compliance with section 13.105.030 for the prior year. Section 13.105.030 of the Berkeley Municipal Code details the prohibition on the use of City resources.
CURRENT SITUATION AND ITS EFFECTS
The Sanctuary City Contracting Ordinance establishes the City as a leader in social responsibility. The SCCO is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity.
Report Requirements
(1) detail with specificity the steps taken to ensure compliance with Section
13.105.030:
City solicitations include invitations for bids (IFB), requests for proposals (RFP), and requests for qualifications (RFQ). IFB, RFP, and RFQ public postings each contain the SCCO language. Signed compliance certificates are submitted with proposals and bid responses.
New and amended contracts and agreements include the Compliance Certificate attesting review of and compliance with the SCCO. Signed certificates are required as part of the City’s contract documents.
Sanctuary City Contracting Compliance Report FY 2021 INFORMATION CALENDAR July 26, 2022
(2) disclose any issues with compliance, including any violations or potential violations of this Ordinance:
Previously reported: City Council issued a waiver of ordinance 7,650-N.S. related to Berkeley Tuolumne Camp Projects. The waiver was issued on 12/10/2019 in order to ensure compliance with FEMA contracting provisions as required for the City to receive a federal reimbursement grant for the construction project.
New: City Council approved a waiver of the SCCO for contracting with Westlaw, a Thomson Reuters Company, on 6/1/2021, as no reasonable alternative exists.
A contract was entered into with AG Witt, LLC, for an initial amount of $50,000.
The City’s social responsibility provisions in the contract form were left intentionally blank so that the contract did not violate federal contracting requirements. The contract scope is for disaster cost recovery and is partially reimbursable by FEMA. The contract was later amended to $150,000 with approval from City Council (Resolution 69,566-N.S.), and then amended to $250,000 with approval from City Council (Resolution 69,759-N.S.) The City anticipates this contract to be valid for several more years as cost recovery efforts for Covid-19 expenses continue.
(3) detail actions taken to cure any deficiencies with compliance:
No deficiencies have been identified.
BACKGROUND
This report is for FY 2021. This report was intended to be included in the report submitted on September 24, 2021, representing FY 2020 and 2021 SCCO reporting to City Council. The information in this report for FY 2021 was inadvertently left off of that Council item.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
POSSIBLE FUTURE ACTION
This report will be submitted annually.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
None.
CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329
Sanctuary City Contracting Compliance Report FY 2021 INFORMATION CALENDAR July 26, 2022
Attachments:
1. Resolution 69,907-N.S. Westlaw (Thomson Reuters)
2. Resolution 69,566-N.S. AG Witt, LLC
3. Resolution 69,756-N.S. AG Witt, LLC
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 2733 Buena Vista Way/#LMSAP2022-0004
INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on July 11, 2022.
BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision.
To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by July 26, 2022. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.
If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.
Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.
LPO NOD: 2733 Buena Vista Way/#LMSAP2022-0004 INFORMATION CALENDAR July 26, 2022
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.
CONTACT PERSON
Fatema Crane, Senior Planner, Planning and Development Department, 510-981-7410 Attachments:
1: Notice of Decision – #LMSAP2022-0004 for 2733 Buena Vista Way
Attachment 1, part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: June 2, 2022
DATE NOTICE MAILED: July 11, 2022
APPEAL PERIOD EXPIRATION: July 26, 2022
EFFECTIVE DATE OF PERMIT (Barring Appeal): July 27, 20221 2733 Buena Vista Way
Structural Alteration Permit (#LMSAP2022-0004) change the roof materials on the City Landmark Tuft’s House #3, located in the Hillside neighborhood.
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following permit:
PERMITS REQUIRED:
Structural Alteration Permit
APPLICANT: Shane Wakerling, General Roofing Co., 3309 Elmwood Ave., Oakland, CA ZONING DISTRICT: Single Family Residential, Hillside Overlay (R-1/H) ENVIRONMENTAL REVIEW STATUS: Categorically exempt pursuant to Section 15331 of the CEQA Guidelines (Historical Resource Restoration and Rehabilitation).
The Application materials for this project are available online at:
http://www.cityofberkeley.info/zoningapplications
FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE 1 Pursuant to BMC Section 1.04.070, if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day. Pursuant to BMC Section 3.24.190, the City Council may “certify” any decision of the LPC for review, within fifteen days from the mailing of the NOD. Such certification shall stay all proceedings in the same manner as the filing of a notice of appeal.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0004
2733 Buena Vista Way
July 11, 2022
COMMISSION VOTE: 6-0-1-2
YES: ADAMS, ENCHILL, LINVILL, MONTGOMERY, SCHWARTZ, TWU NO: [NONE]
ABSTAIN: FINACOM
ABSENT: CRANDALL, LEUSCHNER
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code) An appeal may be taken to the City Council by the City Council on its own motion, by motion of the Planning Commission, by motion of the Civic Art Commission, by the verified application of the owners of the property or their authorized agents, or by the verified application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of this chapter.
Such appeal shall be taken by filing a written notice of appeal with the City Clerk within fifteen days after the mailing of the notice of the decision of the commission. The notice of appeal shall clearly and concisely set forth the grounds upon which the appeal is based. If the appeal is taken by an owner of the property affected, or an authorized agent, the notice of appeal shall be filed in duplicate and the City Clerk shall immediately forward one copy to the secretary of the commission. If the appeal is taken by someone other than an owner of affected property or an authorized agent, the notice of appeal shall be filed in triplicate and the City Clerk shall immediately forward one copy to the owner or authorized agent of the affected property and one copy to the secretary of the commission. Within ten days after the filing of a notice of appeal, the secretary of the commission shall transmit to the City Council a copy of the application, a copy of the notice of appeal and a written statement setting forth the reasons for the commission’s decision, and shall make available to the council, at the time the matter is considered by the council, all other papers constituting the record upon which the action appealed from was taken.
The City Clerk is located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s facsimile number is (510) 981-6901. The City Clerk’s telephone number is (510) 981-6900.
An appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
The required fee is as follows (checks and money orders must be payable to “City of Berkeley”):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0004
2733 Buena Vista Way
July 11, 2022
of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2,500.
STRUCTURAL ALTERATION PERMIT ISSUANCE:
If no appeal is received, the Structural Alteration Permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time. Information about the Building Permit process can be found at the following link:
http://www.ci.berkeley.ca.us/permitservicecenter/.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised in a public hearing and/or written correspondence during the proceedings related to this permit.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a permit 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). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. 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, your appeal of this decision must including the following information:
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
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0004
2733 Buena Vista Way
July 11, 2022
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.
PUBLIC COMMENT:
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.
FURTHER INFORMATION:
Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7413 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, between 8 a.m. and 4 p.m., Monday through Thursday.
ATTACHMENTS:
1. Findings and Conditions
ATTEST:
Fatema Crane, Senior Planner
Secretary to the Landmarks Preservation Commission
cc: City Clerk
Applicant: Shane Wakerling, General Roofing
3309 Elmwood Ave, Oakland, CA
Property Owner: John & Jane Edginton
2733 Buena Vista Way, Berkeley, CA
Interested Party: Pamela Valois
2751 Buena Vista Way, Berkeley, CA
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0004
2733 Buena Vista Way
July 11, 2022
Attachment 1, part 2
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
2733 Buena Vista Way – Tuft’s House #3
Structural Alteration Permit #LMSAP2022-0004
Structural Alteration Permit #LMSAP2022-0004 to change the roof materials on a City Landmark building in the Hillside neighborhood.
FINDINGS REQUIRED UNDER CEQA
1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.
FINDINGS RELATED TO THE SECRETARY OF THE INTERIOR’S STANDARDS Regarding the Secretary of the Interior’s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:
1. The property will continue its historic use as a residence.
2. The historic character of Tuft’s House #3 design may be preserved through retention of its character-defining and careful replacement of elements, such as the wood roof shingles with matching materials or other materials that resemble the details, textures and colors.
3. The synthetic roof tiles attempt to replicate the appearance of the historic materials and to blend with architectural features and design of Tuft’s House #3; by blending rather introducing conjectural elements, the proposal would not create a sense of false historicism.
4. No changes to this property that have acquired significance in their own right are present or would be affect by the subject proposal.
5. This proposal includes the removal of a distinctive architectural feature and an example of craftsmanship. To lessen the potential impact of this change, the project has been conditioned to require the selection of materials that more closely match the tone and texture of the original hand-sawn wood shingles.
2733 BUENA VISTA WAY STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
6. The deteriorated wood roof shingles have been removed and the applicant is encouraged to replace them in-kind. Alternatively, the project is permitted to replace the wood material with synthetic tiles that simulate the texture, color and design of the original shakes.
7. The applicant does not propose chemical or physical treatments. However, standard conditions of Structural Alteration Permit approval would require that any chemical or physical treatments be undertaken using the gentlest means possible.
8. This proposal does not require grading or ground disturbance and, therefore, is not likely to affect significant archaeological resources.
9. The project has been conditioned to ensure that the new materials are compatible with the architectural features of the subject building and to resemble the natural historical wood shingles.
10. If the proposed synthetic tiles were removed in the future, they would not permanently impair the integrity or essential form of the Maybeck design.
FINDINGS REQUIRED UNDER LANDMARK PRESERVATION ORDINANCE
10. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that the proposed work is an alternative to in-kind replacement under the circumstances. Specifically:
A. The applicant is encouraged to replace the cedar roof shingles in-kind or, alternatively, shall match the appearance of the natural wood materials as closely as possible.
B. If in-kind replacement is not undertaken, then replacement with roof tiles that most closely resemble the texture and tone of the original cedar shakes would better preserve the character and aesthetic value of the subject Maybeck residence.
STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:
1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
2733 BUENA VISTA WAY STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.
3. Subject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Zoning Adjustments Board or Zoning Officer, Building and Safety Division, Public Works Department and other affected City divisions and departments.
4. Exercise and Lapse of Permits (Section 23.404.060.C) A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.
5. Indemnification Agreement
The applicant shall hold the City of Berkeley and its officers harmless in the event of any legal action related to the granting of this Permit, shall cooperate with the City in defense of such action, and shall indemnify the City for any award of damages or attorneys fees that may result.
ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:
10. The proposed project is approved as shown on the drawings dated “received May 18, 2022” subject to the conditions herein.
11. No changes can be made to these approved plans without prior approval.
12. Repair and replacement of character-defining features. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
2733 BUENA VISTA WAY STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
13. Chemical or physical treatments, if appropriate, shall be called out in the scope or work for any building permit for this project and shall be undertaken using the gentlest means possible. Treatments causing damage to historic materials shall not be used.
14. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed. Exterior roof materials shall consist of wood cedar shakes matching the historic shingles or, alternatively, synthetic wood shakes featuring varied widths and matching the tone and texture of the authentic cedar shakes to the greatest extent possible.
15. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.
16. The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.
17. All building permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.
18. The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 2200-block of Piedmont Avenue/#LMSAP2019-0009
INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on July 11, 2022.
BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision.
To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by July 26, 2022. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.
If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.
Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.
LPO NOD: 2200-block of Piedmont Avenue/#LMSAP2022-0004 INFORMATION CALENDAR July 26, 2022
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.
CONTACT PERSON
Fatema Crane, Senior Planner, Planning and Development Department, 510-981-7410 Attachments:
1: Notice of Decision – #LMSAP2019-0009 for 2200-block of Piedmont Avenue
Attachment 1, Part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: June 2, 2022
DATE NOTICE MAILED: July 11, 2022
APPEAL PERIOD EXPIRATION: July 26, 2022
EFFECTIVE DATE OF PERMIT (Barring Appeal): July 27, 20221 2200-block of Piedmont Avenue
Structural Alteration Permit (#LMSAP2019-0009) to complete ADA improvements within the public right-of-way at the intersection of Piedmont Avenue and Bancroft Way, an Olmsted-design landscape.
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following permit:
PERMITS REQUIRED:
Structural Alteration Permit
APPLICANT: Matthew Gaber, Landscape Architect, NCE Engineering & Environmental Services, 501 Canal Blvd. Suite I, Richmond, CA
ZONING DISTRICT: not applicable to the public right-of-way ENVIRONMENTAL REVIEW STATUS: Categorically exempt pursuant to Section 15331 of the CEQA Guidelines (Historical Resource Restoration and Rehabilitation).
The Application materials for this project are available online at:
http://www.cityofberkeley.info/zoningapplications
1 Pursuant to BMC Section 1.04.070, if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day. Pursuant to BMC Section 3.24.190, the City Council may “certify” any decision of the LPC for review, within fifteen days from the mailing of the NOD. Such certification shall stay all proceedings in the same manner as the filing of a notice of appeal.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2019-0009
2200-block of Piedmont Avenue
July 11, 2022
FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE COMMISSION VOTE: 7-0-0-2
YES: ADAMS, ENCHILL, FINACOM, LINVILL, MONTGOMERY, SCHWARTZ, TWU NO: [NONE]
ABSTAIN: [NONE]
ABSENT: CRANDALL, LEUSCHNER
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code) An appeal may be taken to the City Council by the City Council on its own motion, by motion of the Planning Commission, by motion of the Civic Art Commission, by the verified application of the owners of the property or their authorized agents, or by the verified application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of this chapter.
Such appeal shall be taken by filing a written notice of appeal with the City Clerk within fifteen days after the mailing of the notice of the decision of the commission. The notice of appeal shall clearly and concisely set forth the grounds upon which the appeal is based. If the appeal is taken by an owner of the property affected, or an authorized agent, the notice of appeal shall be filed in duplicate and the City Clerk shall immediately forward one copy to the secretary of the commission. If the appeal is taken by someone other than an owner of affected property or an authorized agent, the notice of appeal shall be filed in triplicate and the City Clerk shall immediately forward one copy to the owner or authorized agent of the affected property and one copy to the secretary of the commission. Within ten days after the filing of a notice of appeal, the secretary of the commission shall transmit to the City Council a copy of the application, a copy of the notice of appeal and a written statement setting forth the reasons for the commission’s decision, and shall make available to the council, at the time the matter is considered by the council, all other papers constituting the record upon which the action appealed from was taken.
The City Clerk is located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s facsimile number is (510) 981-6901. The City Clerk’s telephone number is (510) 981-6900.
An appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
The required fee is as follows (checks and money orders must be payable to “City of Berkeley”):
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2019-0009
2200-block of Piedmont Avenue
July 11, 2022
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2,500.
STRUCTURAL ALTERATION PERMIT ISSUANCE:
If no appeal is received, the Structural Alteration Permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time. Information about the Building Permit process can be found at the following link:
http://www.ci.berkeley.ca.us/permitservicecenter/.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised in a public hearing and/or written correspondence during the proceedings related to this permit.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a permit 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). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. 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, your appeal of this decision must including the following information:
A. That this belief is a basis of your appeal.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2019-0009
2200-block of Piedmont Avenue
July 11, 2022
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.
PUBLIC COMMENT:
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.
FURTHER INFORMATION:
Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7413 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, between 8 a.m. and 4 p.m., Monday through Thursday.
ATTACHMENTS:
1. Findings and Conditions
ATTEST:
Fatema Crane, Senior Planner
Secretary to the Landmarks Preservation Commission
cc: City Clerk
Applicant: Matthew Gaber, Landscape Architect
NCE Engineering & Environmental Services
501 Canal Blvd. Suite I
Richmond, CA
Property Owner: City of Berkeley, Dept. of Public Works
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2019-0009
2200-block of Piedmont Avenue
July 11, 2022
Attachment 1, Part 2
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
2200-block Piedmont Avenue
Structural Alteration Permit #LMSAP2019-0009
Structural Alteration Permit #LMSAP2019-0009 to complete ADA access improvements in the public right-of-way at the intersection of Piedmont Avenue and Bancroft Way.
FINDINGS REQUIRED UNDER CEQA
1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.
FINDINGS RELATED TO THE SECRETARY OF THE INTERIOR’S STANDARDS Regarding the Secretary of the Interior’s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:
1. The property will continue its historic use as a public right-of-way.
2. The historic character of the Olmstead-design landscape, as characterized by the broad width of its curvilinear form, central planting median and auto and pedestrian pathways.
The proposal retains, preservers and does not eliminate these features.
3. The proposal does not include proposed alterations that would create a false sense of historical development. The proposed lamp posts are emblematic of period-style lighting but are contemporary and not conjectural.
4. The overall plan of 1864 landscape design appears to be largely intact with few significant changes. No changes that have acquired significance in their own right are present or would be affect by the subject proposal.
5. With respect to techniques and materials, no distinctive features, finishes or construction methods would be affected by the subject proposal.
2200-BLOCK PIEDMONT AVENUE STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
6. As conditioned herein, the applicant shall be required to consider repair rather than the replacement of deteriorated historic features of this site; when the severity of deterioration requires replacement, then the applicant shall match the old in design, color, texture, materials and, where possible, quality. With respect to features of this historic landscape design, the applicant will be asked to consider retaining or providing comparable areas of planted landscaping between the curb and edge of sidewalk.
7. The applicant does not propose chemical or physical treatments. However, standard conditions of Structural Alteration Permit approval would require that any chemical or physical treatments be undertaken using the gentlest means possible.
8. This proposal includes grading within the project area and is subject to the City’s standard conditions of approval that require prompt and appropriate action to address the discovery of subsurface cultural resources.
9. The proposed work includes new features in the public right-of-way such as an ADA ramp and surface pavement, will be compatible with the historic design by virtue of its seamless installation, low profile and limited overall impact. These features will not destroy spatial relationships of the historic landscape design.
10.If the proposed improvements were removed, they would not permanently impair the integrity or essential form of the Olmsted design.
FINDINGS REQUIRED UNDER LANDMARK PRESERVATION ORDINANCE
1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve and enhance the characteristics and features specified in the designation for this property. Specifically:
A. The character-defining features of the subject Olmsted landscape design are its curvilinear form, broad width of 100 ft., the placement and delineation of auto and pedestrian pathways throughout, and the central planted medians. As conditioned herein, these features would not be adversely affected by the request for ADA access improvements.
STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:
1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions
2200-BLOCK PIEDMONT AVENUE STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.
3. Subject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Zoning Adjustments Board or Zoning Officer, Building and Safety Division, Public Works Department and other affected City divisions and departments.
4. Exercise and Lapse of Permits (Section 23.404.060.C) A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.
5. Indemnification Agreement
The applicant shall hold the City of Berkeley and its officers harmless in the event of any legal action related to the granting of this Permit, shall cooperate with the City in defense of such action, and shall indemnify the City for any award of damages or attorneys fees that may result.
6. Halt Work/Unanticipated Discovery of Tribal Cultural Resources In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American
2200-BLOCK PIEDMONT AVENUE STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.
7. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction)
Pursuant to CEQA Guidelines Section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted.
Therefore:
A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.
B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.
C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.
D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources are carried out.
E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.
8. Human Remains (Ongoing throughout demolition, grading, and/or construction) In the event that human skeletal remains are uncovered at the project site during ground- disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to CEQA Guidelines Section 15064.5 (e)(1). If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to Health and Safety Code Section 7050.5(c), and all excavation and site preparation activities shall cease within a 50-foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.
2200-BLOCK PIEDMONT AVENUE STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
9. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction)
In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.
ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:
10.The proposed project is approved as shown on the drawings dated “received May 17, 2022” subject to the conditions herein.
11.No changes can be made to these approved plans without prior approval.
12.PUBLIC WORKS PERMIT – This Structural Alteration Permit approval is contingent upon Public Works permit approval.
13.Repair and replacement of character-defining features. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
14.Chemical or physical treatments, if appropriate, shall be called out in the scope or work for any building permit for this project and shall be undertaken using the gentlest means possible. Treatments causing damage to historic materials shall not be used.
15.Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed.
16.Applicant shall submit a separate application for the signage. It is not included in this permit.
17.(A) Prior to Landmarks plan checker sign-off of the building permit set of drawings, the applicant shall submit lighting details showing all existing and proposed site and building lighting. Exterior lighting, including for signage, shall be downcast and not cause glare on the public right-of-way and adjacent parcels.
2200-BLOCK PIEDMONT AVENUE STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
(B) Proposed lamp post shall be placed so as to avoid obstructing sight lines of the I- House stairs.
18.LANDSCAPE PLANS – (A) Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall revise the landscape plan to include areas of new plantings and, where possible, street trees within the traditional landscape strip between the curb and edge of sidewalk. The revised landscape plan must call out the number, location, and species of all proposed plantings, and which existing plantings shall be removed. The applicant shall provide irrigation for all landscaped areas or provide drought tolerant plant palette. This shall be called out on Landscape building permit drawings.
(B) Plans shall include at least two street trees; placement shall to be symmetrical to the extent possible.
19.The applicant shall provide irrigation for all landscaped areas. This shall be called out on Landscape building permit drawings.
20.All curbs and curb cuts shall be constructed per the standards and specifications of the Public Works Department. Curb cuts no longer utilized shall be restored per the Public Works Department specifications.
21.The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.
22.The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.
23.All building permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.
24.The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this
2200-BLOCK PIEDMONT AVENUE STRUCTURAL ALTERATION PERMIT-DRAFT Findings and Conditions
condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.
International House
Structural Alteration Permit
#LMSAP 2019‐ 0009
PROPOSED PIEDMONT AVENUE ADA IMPROVEMENTS
Attachment 1, Part 3
NTS
May 17th, 2022
L1.
Piedmont Ave. ADA Improvements 0Existing Non ADA Compliant Areas Slope at Shuttle Stops does not
comply with ADA standards
Non compliant ADA parking space-
No level exit area from vehicle
NTS
May 17th, 2022
L1.
Piedmont Ave. ADA Improvements 1Existing Non ADA Compliant Areas Landing for stairs and ramp do
not comply with ADA and are
within the street
Landing for stairs is within
the street
Existing Conditions
NTS
May 17th, 2022
L1.
Piedmont Ave. ADA Improvements
2 Existing Tree
Accessible Parking
Space
Master Plan
Accessible Path
Lobby
Cafe
Property Line
Street Light
New Sidewalk Brick Paving
Curb Ramp
Ex. Power Pole
Shuttle Stop
Bancroft Way
Service Area
Piedmont Avenue
Existing Tree
THIS AREA SHOWN FOR REFERENCE ONLY
Curb Ramp
Curb Ramp
Curb Ramp
NTS
May 17th, 2022
L1.
Piedmont Ave. ADA Improvements 3Improvement Plans
Street Light to
match existing on
Piedmont Av
enue
Brick by McNear
Brick and Block
Commercial Series
Style: McNear Red
NTS
May 17th, 2022
L1.
Piedmont Ave. ADA Improvements
Patio
4 Section AA
Section BB
BB
AA
Property Line Street Light
Accessible Ramp
Property Line
Sidewalk
Piedmont
Avenue
Property Line
Sidewalk
Piedmont
Avenue
Accessible Parking
SpaceSidewalk
Curb Ramp
Cafe
THIS AREA SHOWN FOR REFERENCE ONLY
Sections
Accessible
Parking
7’-6”6’-2”
6’-6” 7’-6”
Brick
NTS
May 17th, 2022
L1.
Piedmont Ave. ADA Improvements 5
CC
Section CC
Sections
Property Line
Cafe
Property Line
Sidewalk
Piedmont Avenue
Accessible Ramp
Street Lights
Curb Ramp
THIS AREA SHOWN FOR REFERENCE ONLY
Sidewalk
14’
NTS
May 17th, 2022
L1.
Piedmont Ave. ADA Improvements 6
DD
Section DD
Sections
Property Line
Shuttle Stop
Sidewalk
Property Line
Sidewalk
Piedmont
Ave
THIS AREA SHOWN FOR REFERENCE ONLY
Planting Area
Shuttle
Stop
11’
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 8 Greenwood Common/#LMSAP2022-0002
INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on July 11, 2022.
BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision.
To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by July 26, 2022. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.
If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.
Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.
LPO NOD: 8 Greenwood Common/#LMSAP2022-0002 INFORMATION CALENDAR July 26, 2022
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.
CONTACT PERSON
Fatema Crane, Senior Planner, Planning and Development Department, 510-981-7410 Attachments:
1: Notice of Decision – #LMSAP2022-0002 for 8 Greenwood Common
Attachment 1, Part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: May 5, 2022
DATE NOTICE MAILED: July 11, 2022
APPEAL PERIOD EXPIRATION: July 26, 2022
EFFECTIVE DATE OF PERMIT (Barring Appeal): July 27, 20221 8 Greenwood Common
Structural Alteration Permit (#LMSAP2021-0002) to complete limited exterior alteration a single-family residence included in the City Landmark Greenwood Common.
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following permit:
PERMITS REQUIRED:
Structural Alteration Permit
APPLICANT: Kerstin Fischer, Fischer Architecture, 2984 San Pablo Ave., Berkeley, CA ZONING DISTRICT: Single Family Residential, Hillside Overlay (R-1/H) ENVIRONMENTAL REVIEW STATUS: Categorically exempt pursuant to Section 15331 of the CEQA Guidelines (Historical Resource Restoration and Rehabilitation).
The Application materials for this project are available online at:
http://www.cityofberkeley.info/zoningapplications
1 Pursuant to BMC Section 1.04.070, if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day. Pursuant to BMC Section 3.24.190, the City Council may “certify” any decision of the LPC for review, within fifteen days from the mailing of the NOD. Such certification shall stay all proceedings in the same manner as the filing of a notice of appeal.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0002
8 Greenwood Common
July 11, 2022
FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE COMMISSION VOTE: 7-0-0-1 (one vacancy)
YES: ADAMS, CRANDALL, ENCHILL, FINACOM, LEUSCHNER, SCHWARTZ, TWU NO: [NONE]
ABSTAIN: [NONE]
ABSENT: MONTGOMERY
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code) An appeal may be taken to the City Council by the City Council on its own motion, by motion of the Planning Commission, by motion of the Civic Art Commission, by the verified application of the owners of the property or their authorized agents, or by the verified application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of this chapter.
Such appeal shall be taken by filing a written notice of appeal with the City Clerk within fifteen days after the mailing of the notice of the decision of the commission. The notice of appeal shall clearly and concisely set forth the grounds upon which the appeal is based. If the appeal is taken by an owner of the property affected, or an authorized agent, the notice of appeal shall be filed in duplicate and the City Clerk shall immediately forward one copy to the secretary of the commission. If the appeal is taken by someone other than an owner of affected property or an authorized agent, the notice of appeal shall be filed in triplicate and the City Clerk shall immediately forward one copy to the owner or authorized agent of the affected property and one copy to the secretary of the commission. Within ten days after the filing of a notice of appeal, the secretary of the commission shall transmit to the City Council a copy of the application, a copy of the notice of appeal and a written statement setting forth the reasons for the commission’s decision, and shall make available to the council, at the time the matter is considered by the council, all other papers constituting the record upon which the action appealed from was taken.
The City Clerk is located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s facsimile number is (510) 981-6901. The City Clerk’s telephone number is (510) 981-6900.
An appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
The required fee is as follows (checks and money orders must be payable to “City of Berkeley”):
a. The basic fee for persons other than the applicant is $500. This fee may be
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0002
8 Greenwood Common
July 11, 2022
reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2,500.
STRUCTURAL ALTERATION PERMIT ISSUANCE:
If no appeal is received, the Structural Alteration Permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time. Information about the Building Permit process can be found at the following link:
http://www.ci.berkeley.ca.us/permitservicecenter/.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised in a public hearing and/or written correspondence during the proceedings related to this permit.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a permit 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). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. 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, your appeal of this decision must including the following information:
A. That this belief is a basis of your appeal.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0002
8 Greenwood Common
July 11, 2022
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.
PUBLIC COMMENT:
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.
FURTHER INFORMATION:
Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7413 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, between 8 a.m. and 4 p.m., Monday through Thursday.
ATTACHMENTS:
1. Findings and Conditions
2. Project Plans, revised MARCH 1 & MAY 5, 2022
ATTEST:
Fatema Crane, Senior Planner
Secretary to the Landmarks Preservation Commission
cc: City Clerk
Applicant: Kerstin Fischer, Fischer Architecture, 2984 San Pablo Ave., Berkeley, CA Property Owner: Cindy & Rory Reid, 8 Greenwood Common, Berkeley, CA
A t t a c h m e n t 1, Part 2
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
8 Greenwood Common – Greenwood Common
Structural Alteration Permit #LMSAP2022-0002
Structural Alteration Permit #LMSAP2022-0002 to make limited exterior alterations to a residential property in the Hillside neighborhood.
FINDINGS REQUIRED UNDER CEQA
1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.
FINDINGS RELATED TO THE SECRETARY OF THE INTERIOR’S STANDARDS Regarding the Secretary of the Interior’s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:
1. The property will continue to be used as a residence, consistent with its historic use.
2. The scope of proposed work is limited to window and door replacement, and removal and in-fill of exterior building materials will match the existing historic features and materials. The project would not remove any significant features of the building design or alter its distinctive architectural character.
3. This property does not feature changes that have acquired significance in their own right, and, therefore, it cannot affect such features.
4. The approved alterations to the building are limited in scope, would replace and in-fill exterior building materials, and would not impair any distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize this property.
5. Has conditioned herein, if deteriorated historic features will be affected by this request, then they would be repaired or replaced to match the materials, design, and finishes of the original items.
8 GREENWOOD COMMON STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
6. The applicant does not propose chemical or physical treatments. However, standard conditions of Structural Alteration Permit approval would require any chemical or physical treatments to be undertaken using the gentlest means possible.
7. The project does not have the potential to affect any archaeological resources because the applicant proposes no excavation.
8. The proposed new windows and doors feature a selection of style and materials that are compatible with the historic building design. These new elements are more contemporary than the features to be removed and, yet, are similarly understated in style and tone (color). They are found to be sufficiently differentiated and compatible.
9. If the proposed improvements were removed, they would not permanently impair the integrity or essential form of the subject building or collective Common.
FINDINGS REQUIRED UNDER LANDMARK PRESERVATION ORDINANCE
1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve and enhance the characteristics and features specified in the designation for this property. Specifically:
A. The character-defining exterior features of this Third Bay Tradition residential property include its overall building massing, low-pitched shed roof, horizontal wood siding, use of natural materials and understated detailing. These features would be retained and unaffected by the proposed alteration of the window/door configuration.
B. The special character of the subject property may lie in its relationship to the other properties in the Common where they form a collective representation of Third Bay Tradition architectural and landscape design. The proposed door and window alterations at 8 Greenwood Common are limited in their scope and location, and would not be readily visible from the public right-of-way along Greenwood Terrace, or from within the Common owing to their location on the southside of the subject building and behind an existing perimeter fence.
8 GREENWOOD COMMON STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:
1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.
3. Subject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Zoning Adjustments Board or Zoning Officer, Building and Safety Division, Public Works Department and other affected City divisions and departments.
4. Exercise and Lapse of Permits (Section 23.404.060.C) A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.
5. Indemnification Agreement
The applicant shall hold the City of Berkeley and its officers harmless in the event of any legal action related to the granting of this Permit, shall cooperate with the City in defense of such action, and shall indemnify the City for any award of damages or attorneys fees that may result.
ADDITIONAL CONDITIONS
8 GREENWOOD COMMON STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
The following additional conditions are attached to this Permit:
6. The proposed project is approved as shown on the drawings dated “received March 1, 2022,” and “May 5, 2022.”
7. No changes shall be made to these approved plans without prior approval.
8. This Structural Alteration Permit approval is contingent upon use permit approval.
9. Repair and replacement of character-defining features . Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
10. COLORS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed.
11. CLEAR GLASS. All glass is assumed to be clear glass. Any proposed glass that is not clear glass, or includes signage, shall be indicated on all drawings, and shall be reviewed for approval by Landmarks staff.
12. DETAILS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit window, door, base, and trim details for review and approval by the Landmarks plan checker.
13. ROOF EQUIPMENT. Any above ground or roof equipment, such as transformer(s), utilities, fire apparatus, air conditioning units, compressors, etc. shall be shown to scale on the architectural drawings of the building permit set of drawings in both plan and elevation, in order to determine if additional screening and SAP may be required.
14. LIGHTING Prior to Landmarks plan checker sign-off of the building permit set of drawings, the applicant shall submit lighting details showing all existing and proposed site and building lighting. Exterior lighting shall be downcast and not cause glare on the public right-of-way and adjacent parcels.
15. LANDSCAPE PLANS Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit a Landscape plan including the number, location, and species of all proposed plantings, and which existing plantings shall be removed. The applicant shall provide irrigation for all landscaped areas or provide drought tolerant plant palette. This shall be called out on Landscape building permit drawings.
16. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.
8 GREENWOOD COMMON STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
17. The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.
18. All building permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.
19. The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.
P R O J E C T D E S C R I P T I O N S Y M B O L S /
A B B R E V I A T I O N S
G E N E R A L N O T E S
adj adjustable
af.f. above finished floor
blkg blocking
CL center line
clng ceiling
clr clear
dim dimension
DN down
dtl detail
dwg drawing(s)
ea each
el elevation (height)
elect electrical
elevs elevation (drawings)
eq equal
(e) existing
ext exterior
f.b.o. furnished by owner
f.f. finished floor
fluor fluroescent
1. EXAMINATION OF THE SITE AND PORTIONS THEREOF WHICH WILL AFFECT THIS WORK
SHALL BE MADE IMMEDIATELY BY THE CONTRACTOR, WHO SHALL COMPARE IT WITH THE
DRAWINGS AND SATISFY HIMSELF TO CONDITIONS UNDER WHICH WORK IS TO BE PERFORMED. HE SHALL AT SUCH TIME ASCERTAIN AND CHECK LOCATIONS OF THE EXISTING STRUCTURES AND EQUIPMENT WHICH MAY AFFECT HIS WORK. NO ALLOWANCE SHALL BE
MADE FOR ANY EXTRA EXPENSE TO WHICH HE MAY BE DUE BECAUSE OF FAILURE OR NEGLECT ON HIS PART TO MAKE SUCH EXAMINATIONS. ANY CONFLICTS OR OMISSIONS, ETC., SHALL BE REPORTED TO THE ARCHITECT BEFORE PROCEEDING WITH ANY WORK.
2. ANY ERRORS, OMISSIONS, OR CONFLICTS FOUND IN THE VARIOUS PARTS OF THE
CONSTRUCTION DOCUMENTS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT AND THE OWNER BEFORE PROCEEDING WITH THE WORK.
3. WHERE REFERENCED IN NOTES, ARCHITECT SHALL BE FISCHER ARCHITECTURE, OWNER SHALL BE CINDY AND RORY REID.
4. CONTRACTOR SHALL PROVIDE ARCHITECT AND OWNER WITH A COMPLETE COST
BREAKDOWN AND SCHEDULE OF CONSTRUCTION FOR THIS PROJECT PRIOR TO COMMENCEMENT OF WORK.
5. CONTRACTOR SHALL PROTECT NEW MATERIALS AND FINISHES FROM DAMAGE WHICH MAY OCCUR FROM CONSTRUCTION, DEMOLITION, DUST, WATER. ETC., AND SHALL PROVIDE AND MAINTAIN TEMPORARY BARRICADES, CLOSURE WALLS. ETC., AS REQUIRED TO PROTECT THE PUBLIC AS REQUIRED DURING THE PERIOD OF CONSTRUCTION. DAMAGE TO NEW MATERIALS, FINISHES, STRUCTURES, AND EQUIPMENT SHALL BE REPAIRED OR REPLACED. CONTRACTOR
SHALL COORDINATE TEMPORARY BARRICADES WITH ARCHITECT AND / OR OWNER PRIOR TO COMMENCEMENT OF WORK.
6. ALL CONSTRUCTION WORK, IS TO COMPLY WITH THE 2016 CALIFORNIA BUILDING,
RESIDENTIAL, MECHANICAL, ELECTRICAL, PLUMBING, ENERGY , HISTORICAL, EXISTING AND
GREEN BUILDING STANDARDS CODE AS AMENDED BY THE CITY OF BERKELEY , AND AS APPLICABLE. [CAC 1-201(a)] ALL WORK SHALL BE DONE IN A THOROUGH, WORKMANLIKE MANNER AND EQUAL TO THE BEST STANDARDS OF THE PRACTICE.
7. ALL WORK LISTED, SHOWN OR IMPLIED ON ANY CONSTRUCTION DOCUMENT SHALL BE SUPPLIED AND INSTALLED BY THE CONTRACTOR EXCEPT WHERE NOTED. THE CONTRACTOR
SHALL CLOSELY COORDINATE HIS WORK WITH THAT OF OTHER CONTRACTORS OR VENDORS TO
ASSURE THAT ALL SCHEDULES ARE MET AND THAT ALL WORK IS DONE IN CONFORMANCE TO MANUFACTURERS REQUIREMENTS. WORK REQUIRED UNDER THIS CONTRACT SHALL INCLUDE ALL LABOR, MATERIALS, EQUIPMENT, ETC., NECESSARY TO COMPLETE THIS PROJECT. ALL
MATERIALS SHALL BE NEW AND UNUSED, UNLESS SPECIFICALLY NOTED, AND BE OF A QUALITY ACCEPTABLE BY INDUSTRY STANDARDS.
8. THE USE OF THE WORD "PROVIDE" IN CONNECTION WITH ANY ITEM SPECIFIED IS
INTENDED TO MEAN THAT SUCH ITEM SHALL BE FURNISHED, INSTALLED, AND CONNECTED WHERE SO REQUIRED, EXCEPT AS NOTED.
9. THE CONTRACTOR SHALL MAINTAIN A CURRENT AND COMPLETE SET OF CONSTRUCTION
DOCUMENTS ON THE JOB SITE DURING ALL PHASES OF CONSTRUCTION FOR USE OF ALL
TRADES AND SHALL PROVIDE ALL SUBCONTRACTORS WITH CURRENT CONSTRUCTION DOCUMENTS AS REQUIRED. THE CONTRACTOR, IN ASSUMING RESPONSIBILITY FOR THE WORK INDICATED, SHALL COMPLY WITH THE LETTER IN WHICH THEY WERE DRAWN.
10. THE CONTRACTOR SHALL REMOVE ALL RUBBISH AND WASTE MATERIALS OF ALL
SUBCONTRACTORS AND TRADES ON A REGULAR BASIS, AND SHALL EXERCISE STRICT
CONTROL OVER JOB CLEANING TO PREVENT ANY DIRT, DEBRIS OR DUST FROM AFFECTING IN ANY WAY , FINISHED AREAS IN OR OUTSIDE THE JOB SITE.
11. THE CONSTRUCTION DOCUMENTS ARE PROVIDED TO ILLUSTRATE THE DESIGN INTENT AND GENERAL TYPE OF CONSTRUCTION DESIRED.
12. DETAILS SHOWN ARE TYPICAL U.O.N. SIMILAR DETAILS APPLY IN SIMILAR CONDITIONS.
13. ALL ELECTRICAL, MECHANICAL, AND PLUMBING WORK AND MATERIALS SHALL BE IN FULL
ACCORDANCE WITH THE LATEST RULES AND REGULATIONS OF THE NATIONAL BOARD OF FIRE
UNDERWRITERS, THE STATE FIRE MARSHALL, THE SAFETY ORDERS OF THE DIVISION OF INDUSTRIAL SAFETY , AND ANY APPLICABLE STATE OR LOCAL LAWS AND ORDINANCE. NOTHING
ON THESE DRAWINGS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES. ANY QUESTIONS REGARDING INSTALLATIONS SHALL BE BROUGHT TO THE ARCHITECT FOR CLARIFICATION.
14. INSTALL BATT INSULATION BETWEEN STUDS AND JOISTS AT ALL EXTERIOR WALLS, CEILINGS, AND FLOORS WHERE EXPOSED.
15. ALL DIMENSIONS ON CONSTRUCTION DRAWINGS ARE TO FACE OF FINISH UNLESS NOTED AS BEING TO FACE OF FRAMING. DIMENSIONS ARE TO BOTTOM OF FINISHED CEILING OR TOP OF FINISHED FLOOR IN INTERIOR ELEVATIONS UNLESS OTHERWISE NOTED.
16. ALL DIMENSIONS TAKE PRECEDENCE OVER SCALE. ANY DISCREPANCIES SHALL BE BROUGHT IMMEDIATELY TO THE ATTENTION OF THE ARCHITECT. CONTRACTOR SHALL NOT SCALE DRAWINGS. QUESTIONS REGARDING DIMENSIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO ANY START OF WORK.
17. WINDOW AND DOOR SIZES ARE NOMINAL DIMENSIONS. REFER TO MANUFACTURER FOR ACTUAL ROUGH OPENING SIZES.
18. NOT USED.
19. NOT USED.
20. SEALANT, CAULKING, AND FLASHING, ETC., LOCATIONS SHOWN ON DRAWINGS ARE NOT INTENDED TO BE INCLUSIVE. FOLLOW MANUFACTURER’S INSTALLATION RECOMMENDATIONS AND STANDARD INDUSTRY AND BUILDING PRACTICES.
21. PROVIDE SOLID WOOD BACKING FOR ALL SURFACE MOUNTED ACCESSORIES.
22. ALL WORK SHALL BE GUARANTEED AGAINST DEFECTS IN DESIGN, INSTALLATION AND MATERIAL FOR A MINIMUM PERIOD OF ONE YEAR FROM DATE OF COMPLETION.
23. ALL MATERIALS FOR USE ON THE PROJECT SHALL BE STORED WITHIN THE PROJECT SITE.
24. CONTRACTOR SHALL PERSONALLY SUPERVISE AND DIRECT THE WORK OR SHALL KEEP A
COMPETENT EMPLOYEE, AUTHORIZED TO RECEIVE INSTRUCTIONS AND ACT ON THE CONTRACTOR’S BEHALF , CONTINUOUSLY ON SITE DURING WORKING HOURS.
25. ALL QUESTIONS REGARDING PROJECT EITHER DURING BIDDING PHASE OR DURING CONSTRUCTION SHALL BE DIRECTED TO THE ARCHITECT IN WRITING BY EMAIL or FAX:
[email protected]
26. DEMOLITION: THE CONTRACTOR SHALL ENTIRELY DEMOLISH AND REMOVE FROM SITE ANY STRUCTURE OR PORTION THEREOF , OR SITE FEATURE INDICATED TO BE REMOVED.
27. SALVAGE & RECYCLING: ALL ITEMS DEEMED SALVAGEABLE OR RECYCLABLE BY THE
OWNER WILL EITHER HAVE BEEN INDICATED ON THE DRAWINGS, REMOVED PRIOR TO THE
START OF DEMOLITION, OR WILL BE DIRECTED BY THE OWNER TO BE STORED BY THE CONTRACTOR AND SHALL REMAIN THE PROPERTY OF THE OWNER. ITEMS TO BE RELOCATED WILL HAVE BEEN INDICATED ON THE DRAWINGS. REFER TO CITY RECYCLING AND SALVAGING REQUIREMENTS ON FOLLOWING PAGES.
28. DESIGN BUILD: ALL ELECTRICAL, MECHANICAL, AND PLUMBING WORK SHALL BE DESIGN BUILD BASED ON THE INFORMATION PROVIDED IN THE CONSTRUCTION DOCUMENTS.
29. Contractor shall submit a list of paints, primers, sealants, caulking, and adhesives installed within the interior of the building. List to include material type (per CALGreen tables 4.504.1 and 4.504.3) manufacturer name, model name/number, VOC amount, and CALGreen VOC not to exceed limit per product. "
30. PROJECT CLOSEOUT:
A. CONTRACTOR SHALL REVIEW PROJECT WITH ARCHITECT AND/OR OWNER TO ENSURE THAT ALL REQUIREMENTS OF THE CONTRACT DOCUMENTS HAVE BEEN FOLLOWED.
B. CONTRACTOR SHALL OBTAIN ALL REQUIRED CERTIFICATES AND NOTICES.
C. ALL WORK PERFORMED SHALL BE CLEAN AND READY FOR USE.
D. UPON SUBSTANTIAL COMPLETION, THE ARCHITECT SHALL, AT THE CONTRACTOR’S WRITTEN REQUEST, COMPILE A PROJECT PUNCH LIST NOTING ANY CORRECTIONS OR OMISSIONS.
ARCHITECT'S ACCEPTANCE WILL BE CAUSE FOR FINAL PAYMENT, UNLESS SPECIFICALLY DETERMINED OTHERWISE BY OWNER.
ga gauge
galv galvanized
gyp. bd. gypsum board
hr hour
ht height
max maximum
mech mechanical
manuf manufacturer
min minimum
mtl metal
min minimum
mtl metal
NIC not in contract
NTS not to scale
(n) new
o.c. on center
opp opposite
o/ over
PL property line
ply plywood
ptd painted
r radius
req'd required
r.o. rough opening
s.s.d. see structural drawings
s.c.d. see civil drawings
s.l.d. see lanscape drawings
sim similar
st. stl. stainless steel
st. steel
std standard
(t) tempered glass
t.b.d. to be determined
thru through
t.o. top of
typ. typical
ver verify
v.i.f. verify in field
w.o. where occurs
u.o.n. unless otherwise noted
UP up
S H E E T I N D E X
Architectural Drawings
A0.1 Project Data / Site Plan
A1.0 Existing Floor Plan Proposed Demolition
A1.1 Existing Elevations Proposed Demolition
A1.2 Existing Elevations Proposed Demolition
A2.0 Proposed Floor Plan
A3.0 Proposed Elevations
A3.1 Proposed Elevations
Remodel of existing detached Studio building.
Exterior alterations include replacing one window on the east elevation, removing an existing window and existing door on the south elevation and adding new multi-panel folding doors, adding one venting skylight in the existing roof, locating a new heat pump on the site, addition of a new concrete landing, and repair of the existing wooden fence.
Interior alterations include creating a bathroom and kitchenette, new electrical and HVAC, new finishes. 8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
A0.1
PROJECT DATA & INFORMATION
1.29.22 AUP / SAP Submittal KF
subject property
N
OWNER
Cindy and Rory Reid
8 Greenwood Common
Berkeley, CA 94708
ARCHITECT
Fischer Architecture
2984 San Pablo Avenue
Berkeley, CA 94702
tel. 510.204.9250
Kerstin Fischer, Principal
Andrew Fischer, Principal
STRUCTURAL ENGINEER
Berkeley Structural Design
1411 Glendale Avenue
Berkeley, CA 94708
tel. 510.981.1053
Bill Lynch, Principal
GENERAL CONTRACTOR
Olson Brothers, Inc.
706 Rincon Road
El Sobrante, CA 94803
tel 510.375.9211
Gordon Olson, President
P R O J E C T T E A M
(e) fence, typ.
repair/refurbish with
(e) materials or (n)
materials to match (e)
4'-7"
8'-5"
11'-1"
6'-1"
1'-6"
eave encroachment
into req. setback
2'-6"
G R E E N W O O D T E R R A C E
G R E E N W O O D C O M M O N
EXISTING RESIDENCE
(no proposed alterations)
EXISTING STUDIO
EXISTING CARPORT
(no proposed alterations)
area of
proposed
alterations
utility pole
(n) exhaust fans
(e) fence, typ.
repair/refurbish with
(e) materials or (n)
materials to match (e)
(e) landscaping
(e) conc. pavers
(e) driveway
(n) conc. landing
(e) fence, typ.
(n) heat pump
20'-0"
req. setback
20'-0"
req. setback
21'-0"
4'-0"s.b.
4'-0"s.b.
property line
property line
property line
property line
(n) conc. pavers
(e) flat roof
(e) flat roof
(n) venting skylight,
26" x 38"
S I T E / R O O F P L A N
SCALE: 1/8" = 1'-0"
V I C I N I T Y M A P
N
SITE PLAN
000
Exterior Elevation / Section Cut
A-
Detail Key
Room
000
00 Room Name / Number
Door Number
Window Number
Elevation Marker
Project Address: 8 Greenwood Common
Berkeley, CA 94708
APN: 058 224400211
Zoning District: R-1H
Construction Type: V-B
Occupancy Type: R-3
Parking Spaces: 1 covered
Number of Stories: 1 (residence); 1 (studio)
House:
Front Yard Setback: 20' required; 21'-0" existing
Side Yard Setback: 4' required; 4'-5" existing (north)/ 11'-1" existing (south)
Rear Yard Setback: 20' required, 8'-5" existing
P R O J E C T I N F O R M AT I O N
Studio/Carport:
Front Yard Setback: 6'-1" existing
Side Yard Setback: 0" existing (north)
Building Height: 8'-9" existing (12' max allowed)
Lot Area: 4800 sf
Gross Floor Area-existing: 1565 sf (residence); 251 sf (studio) = 1816 gsf total Gross Floor Area-proposed: 1565 sf (residence); 251 sf (studio) = 1816 gsf total [no change]
Applicable Codes: 2019 CBC, CRC, CEC, CPC, CMC, CFC
Fire Zone/WUI: 2/Yes
Sprinkler System: No
Fire Alarm System: No
A D J A C E N T N E I G H B O R O U T R E A C H
Attachment 1, Part 3
8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
L E G E N D
Existing Wall, Fence, or Fixture
to be Removed
Existing Wall to Remain
1. --
N O T E S :
A1.0
N
Existing Carport
Studio
Utility
remove (e) aluminum
window
remove (e) window, wall below
carefully remove (e) siding material
and protect for reinstallation
remove (e) wood landing
(e) elect. gas
meters
(e) gate
(e) fence, typ.
(e) conc.
driveway
remove
bookshelf
(e) conc. steps to
Main Residence
(e) landscaping
(e) conc. pavers
(e) utility pole
remove (e) birch trees (3
total)
remove (e) aluminum slider door
remove
wall
remove (e) wood
flooring at area of
(n) bathroom
(e) fence, typ.
repair/refurbish with
(e) materials or (n)
materials to match (e)
SCALE: 1/2" = 1'-0"
1. EXISTING FLOOR PLAN PROPOSED DEMOLITION
EXISTING FLOOR PLAN PROPOSED DEMOLITION
SCALE : 1/2" = 1'-0"
0 1 2 4
1.29.22 AUP / SAP Submittal KF
L E G E N D
Existing Wall, Fence, or Fixture
to be Removed
8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
A1.1
N
SCALE : 1/2" = 1'-0"
0 1 2 4
EXISTING ELEVATIONS PROPOSED DEMOLITION
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/- 7'-10"
(e) fence to remain
remove (e) slider
window
(e) light fixture, house
number
(e) wood siding
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/-7'-10"
remove (e) slider
window
remove portion of wall
carefully remove (e)
siding and save for
reinstallation
remove (e) aluminum
sliding door
remove (e) wood
landing
(e) light fixture
carefully remove (e)
siding and save for
reinstallation
(e) fence to remain
shown dashed
line of Main Residence
SCALE: 1/2" = 1'-0"
SCALE: 1/2" = 1'-0"
2. EAST ELEVATION - PROPOSED DEMOLITION
1. SOUTH ELEVATION - PROPOSED DEMOLITION
1.29.22 AUP / SAP Submittal KF
L E G E N D
Existing Wall, Fence, or Fixture
to be Removed
8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
A1.2
N
SCALE : 1/2" = 1'-0"
0 1 2 4
EXISTING ELEVATIONS PROPOSED DEMOLITION
(e) light fixtures
(e) fence/gate
(e) doors
remove (e) wood
landing
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/-7'-10"
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/- 7'-10"
(e) light fixtures, typ.
(e) wood siding line of Main Residence
(e) fence/gate
SCALE: 1/2" = 1'-0"
SCALE: 1/2" = 1'-0"
2. WEST ELEVATION - EXISTING
1. NORTH ELEVATION - EXISTING
NOTE:
No Work Proposed to North Elevation
NOTE:
No Work Proposed to West Elevation
1.29.22 AUP / SAP Submittal KF
8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
L E G E N D
New Wall
Existing Wall to Remain
1. --
N O T E S :
A2.0
N
Kitchenette
Sleeping/Sitting AreaCloset
sink
ref.
15"
induction
cooktop
shower
(e) wood floorUtility
cabinets
wall mount
Bath
(n) aluminum frame
window in (e) opening,
dark bronze finish or
painted to match
windows on (e)
residence
(n) 2-lite, 4-panel folding door, dark
bronze finish or painted to match
windows on (e) residence
(n) concrete landing
3'-10"
18'-8"
(e) elect. gas
meters
(e) doors to
remain
(n) wall behind
(e) wall
(e) gate
(e) fence, typ.
(n) heat pump
approx. 24" x 39" x 13"
(e) conc.
driveway
HVAC
sink
(n) tile floor
tile curb
1'-3"
curtain track
at ceiling
(e) conc. steps to
main Residence
(e) landscaping
(e) conc. pavers
(n) conc. pavers
(e) landscaping
(e) utility pole
skylt
above
(n) steel
frame at
door, dark
bronze finish
or painted to
match
windows on
(e)
residence
+/- 4"
(e) fence, typ.
repair/refurbish with
(e) materials or (n)
materials to match (e)
SCALE: 1/2" = 1'-0"
1. PROPOSED FLOOR PLAN
PROPOSED FLOOR PLAN
SCALE : 1/2" = 1'-0"
0 1 2 4
2. SKYLIGHT CUT SHEET
1.29.22 AUP / SAP Submittal KF
dark bronze finish
3. HEAT PUMP CUT SHEET , FINAL SPEC TBD
unit size approx. 13" deep x 24" high x 39" wide
L E G E N D
8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
A3.0
N
SCALE : 1/2" = 1'-0"
0 1 2 4
PROPOSED ELEVATIONS
(e) fence:
refurbish/repair with (e)
materials or (n)
materials to match (e)
(n) aluminum awining window in (e)
opening, dark bronze finish or painted to
match windows on (e) residence
(e) light fixture, house
number
(e) wood siding
7'-9"
2 eq. lites
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/- 7'-10"
1'-9"
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/-7'-10"
(n) aluminum frame multi-panel folding door,
dark bronze finish or painted to match
windows on (e) residence
(n) concrete landing
replace siding using (e)
siding and new custom
milled siding to match
(e), nailing pattern to
match (e)
(e) fence to remain
shown dashed
line of Main Residence
(e) light fixture
(n) painted steel frame
(e) post on interior side
7'-0"
2 1/2"
2 1/2"3 1/2"6"
2 1/2"
13'-1"
(n) skylight
+/-6"
SCALE: 1/2" = 1'-0"
SCALE: 1/2" = 1'-0"
2. PROPOSED EAST ELEVATION
1. PROPOSED SOUTH ELEVATION
1.29.22 AUP / SAP Submittal KF
L E G E N D
8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
A3.1
N
SCALE : 1/2" = 1'-0"
0 1 2 4
PROPOSED ELEVATIONS
(n) painted steel frame
(n) concrete landing
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/-7'-10"
(n) skylight
+/-6"
SCALE: 1/2" = 1'-0"
2. PROPOSED WEST ELEVATION
heat pump,
approx. 24" high x 39" wide x 13" deep
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/- 7'-10"
+/-6"
(n) skylight
SCALE: 1/2" = 1'-0"
1. PROPOSED NORTH ELEVATION
1.29.22 AUP / SAP Submittal KF
8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
L E G E N D
New Wall
Existing Wall to Remain
1. --
N O T E S :
N
Kitchenette
Sleeping/Sitting AreaCloset
sink
ref.
15"
induction
cooktop
shower
(e) wood floorUtility
cabinets
wall mount
Bath
(n) aluminum frame
window in (e) opening,
dark bronze finish or
painted to match
windows on (e)
residence
(n) wood french doors, painted to
match doors on (e) residence
(n) concrete landing
3'-10"
18'-8"
(e) elect. gas
meters
(e) doors to
remain
(n) wall behind
(e) wall
(e) gate
HVAC
sink
(n) tile floor
tile curb
1'-3"
curtain track
at ceiling
(e) landscaping
(n) conc. pavers
(e) landscaping
skylt
above
(e) fence, typ.
repair/refurbish with
(e) materials or (n)
materials to match (e)
SCALE: 1/2" = 1'-0"
1. PROPOSED FLOOR PLAN- ORIGINAL
WITH 4-PANEL FOLDING/SLIDING DOOR
PROPOSED FLOOR PLAN
SCALE : 1/2" = 1'-0"
0 1 2 4
5.5.22 LPC Hearing KF
Kitchenette
Sleeping/Sitting AreaCloset
sink
ref.
15"
induction
cooktop
shower
(e) wood floorUtility
cabinets
wall mount
Bath
(n) aluminum frame
window in (e) opening,
dark bronze finish or
painted to match
windows on (e)
residence
(n) 2-lite, 4-panel folding door, dark
bronze finish or painted to match
windows on (e) residence
(n) concrete landing
3'-10"
18'-8"
(e) elect. gas
meters
(e) doors to
remain
(n) wall behind
(e) wall
(e) gate
HVAC
sink
(n) tile floor
tile curb
1'-3"
curtain track
at ceiling
(e) landscaping
(n) conc. pavers
(e) landscaping
skylt
above
(n) steel
frame at
door, dark
bronze finish
or painted to
match
windows on
(e)
residence
+/- 4"
SCALE: 1/2" = 1'-0"
2. PROPOSED FLOOR PLAN- ALTERNATE
WITH 2 PAIR WOOD FRENCH DOORS
Land Use Planning
Received
May 5, 2022
L E G E N D
8 GREEN WOOD COM MON
BERKELEY, CA 94708
APN: 058 224400211
REID RESIDENCE
SHEET
DESCRIPTION
REV. DATE ISSUE DRWN.
SCALE : 1/2" = 1'-0"
0 1 2 4
PROPOSED ELEVATIONS
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/-7'-10"
(n) wood french doors, painted to match
doors on (e) residence
(n) concrete landing
replace siding using (e)
siding and new custom
milled siding to match
(e), nailing pattern to
match (e)
(e) fence to remain
shown dashed
line of Main Residence
(e) light fixture
(n) painted wood casing to match
doors on (e) residence
7'-0"
2 1/2"
2 1/2"3 1/2"6"
(n) skylight
+/-6"
f.f. Studio
el. 0'-0"
t.o. Studio Roof
el. +/-7'-10"
(n) aluminum frame multi-panel folding door,
dark bronze finish or painted to match
windows on (e) residence
(n) concrete landing
replace siding using (e)
siding and new custom
milled siding to match
(e), nailing pattern to
match (e)
(e) fence to remain
shown dashed
line of Main Residence
(e) light fixture
(n) painted steel frame
(e) post on interior side
7'-0"
2 1/2"
2 1/2"3 1/2"6"
2 1/2"
13'-1"
(n) skylight
+/-6"
SCALE: 1/2" = 1'-0"
SCALE: 1/2" = 1'-0"
5.5.22 LPC Hearing KF
1. PROPOSED FLOOR PLAN- ORIGINAL
WITH 4-PANEL FOLDING/SLIDING DOOR
2. PROPOSED FLOOR PLAN- ALTERNATE
WITH 2 PAIR WOOD FRENCH DOORS
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 2113 Kittredge Street/#LMIN2022-0001
INTRODUCTION
The attached Notice of Decision (NOD) for the Landmarks Designation is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.160, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPO/Commission) has designated the subject property as a City Landmark. This action is subject to a 15-day appeal period, which began on July 11, 2022.
BACKGROUND
BMC/LPO Section 3.24.190 allows the Council to review any action of the Commission in granting or denying Landmark, Structure of Merit or Historic District status. In order for Council to review the decision on its merits, Council must appeal the NOD. To do so, a Councilmember must move this Information Item to Action and then move to “certify” the decision. Such action must be taken within 15 days from the mailing of the NOD, or by July 26, 2022. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.
If the Council chooses to appeal the action of the Commission, then a public hearing will be set within 25 days pursuant to BMC/LPO Section 3.24.300. The Council must then rule on the designation within 30 days from the date that the public hearing is opened or the decision of the Commission is automatically deemed affirmed.
Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than
LPO NOD: 2113 Kittredge Street/#LMIN2022-0001 INFORMATION CALENDAR July 26, 2022
their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to certify or appeal the decision to grant designation status, setting the matter for public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this designation action.
CONTACT PERSON
Fatema Crane, Senior Planner, Planning and Development Department, 510-981-7410 Attachments:
1: Notice of Decision – #LMIN2022-0001 for 2113 Kittredge Street
Attachment 1, Part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF COMMISSION DECISION: May 5, 2022
DATE NOTICE MAILED: July 11, 2022
APPEAL PERIOD EXPIRATION: July 26, 2022
EFFECTIVE DATE OF DECISION (Barring Appeal or Certification): June 27, 20221 2113 Kittredge Street
City Landmark application (#LMIN2022-0001) for designation of the California Theater as a City of Berkeley Landmark
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following designation:
DESIGNATION: City of Berkeley Landmark
APPLICANT: Art Deco Society of California, P. O. Box 5539, Berkeley, CA ZONING DISTRICT: C-D/MU, Commercial Downtown-Mixed Use ENVIRONMENTAL REVIEW STATUS: The designation qualifies for a Categorical Exemption under Section 15061 of the Public Resources Code, Guidelines for Implementation of the California Environmental Quality Act (CEQA).
The application materials for this project are available online at:
http://www.cityofberkeley.info/zoningapplications
FINDINGS AND APPROVED APPLICATION ARE ATTACHED TO THIS NOTICE 1 Pursuant to BMC Section 1.04.070, if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day. Pursuant to BMC Section 3.24.190, the City Council may “certify” any decision of the LPC for review, within fifteen days from the mailing of the NOD. Such certification shall stay all proceedings in the same manner as the filing of a notice of appeal.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN 2022-0001
2113 Kittredge Street
July 11, 2022
COMMISSION VOTE: 7-0-0-1 (one vacancy)
YES: ADAMS, CRANDALL, ENCHILL, FINACOM, LEUSCHNER, SCHWARTZ, TWU NO: [NONE]
ABSTAIN: [NONE]
ABSENT: MONTGOMERY
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):
To appeal a decision of the Landmarks Preservation Commission to the City Council you must:
1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.
The City Clerk’s telephone number is (510) 981-6900.
2. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
3. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.
If no appeal is received, the landmark designation will be final on the first business day following expiration of the appeal period.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN 2022-0001
2113 Kittredge Street
July 11, 2022
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit 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). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. 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, your appeal of this decision must including the following information:
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.
PUBLIC COMMENT:
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.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN 2022-0001
2113 Kittredge Street
July 11, 2022
FURTHER INFORMATION:
Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7410 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 2120 Milvia Street, between 8 a.m. and 4 p.m., Monday through Friday.
ATTACHMENTS:
1. Findings
2. Landmark Application, received JANUARY 10, 2022
ATTEST:
Fatema Crane, Senior Planner
Secretary to the Landmarks Preservation Commission
cc: City Clerk
Applicant: Art Deco Society of California
P. O. Box 5539
Berkeley, CA
Property Owner: Mary J Ferrogiaro & Addington L. Wise, Jr 3434 Tice Creek Drive, #2
Walnut Creek, CA
Attachment 1, Part 2
F i n d i n g s f o r D e s i g n a t i o n
MAY 5, 2022
2113 Kittredge Street – California Theater
Landmark application #LMIN2022-0001 for the consideration of City Landmark or Structure of Merit designation status for a theater completed in 1914 – APN 057-2020-009-00
PROJECT DESCRIPTION
City Landmark designation of the property at 2113 Kittredge Street – California Theater
CEQA FINDINGS
1. The project is found to be exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) pursuant to Section 15061.b.3 of the CEQA Guidelines (activities that can be seen with certainty to have no significant effect on the environment).
LANDMARK PRESERVATION ORIDNANCE FINDINGS
2. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.A.1.b of the Landmarks Preservation Ordinance (LPO), the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the subject building exhibits architectural merit as an example of Art Deco architectural design in Berkeley’s Downtown. The extant building was constructed in 1914 and then renovated during the Art Deco period. It retains many of its character-defining features of this style, including: simplified overall building form; linear massing and appearance; stepped outline; smooth wall surface; stylized, often geometric, ornamentation and detailing; fluting details; and low-relief decorative elements.
The building is in good condition and retains all necessary aspects of design integrity.
3. Pursuant to BMC Section 3.24.110.A.1.c, the Commission finds that the subject property is an architectural example that is worthy of preservation for the exceptional value it adds as part of the Downtown Berkeley neighborhood fabric. The City’s 2015 intensive survey evaluation of this property concluded that the California Theater is an important primary Contributor to the establishment of a historic district in the greater Shattuck Avenue area.
4. Pursuant to BMC Section 3.24.110.A.4, the Commission finds that the subject property expresses and embodies the history of Berkeley through its direct associations with the development of Downtown Berkeley as a center of commerce and transportation. The Shattuck Avenue Commercial Corridor Historic Context and Survey (2015) determined that this building, in its extant condition, continues to represent commercial forms and materials that were prominent in the Downtown during the period of historical significance.
FINDINGS for DESIGNATION 2113 Kittredge Street – California Theater
FEATURES TO BE PRESERVED
This designation shall apply to the subject property and the following distinguishing features of the main building shall be preserved, and missing features shall be restored to the extent possible:
Overall height and composition of the primary building facade Stucco façade
Art Deco-style façade with five vertical piers & six ornamental bays Art Deco stepped design pattern of façade and roof parapets Four stepped roof parapets
Main central bay and two flanking bays on upper 3/4th of street façade Angled fluted upper string course and Art Deco curved coping Zigzag saw-tooth pattern under the coping
Banding trim divided into four strips above the entrance that visually separates the base and the upper part of the building
Two slightly coved niches located on the widest, outer architectural bays Projecting corbels and zigzag ornaments
Plaster bas-reliefs (frozen fountains motif)
Two rectangular neon signs on a projecting prow with stylized lettering that each spell out CALIFORNIA
Projecting prow/angled marquee, surrounded in neon tubing Lyre shaped center metal piece covered in neon tubing Leaf-patterned ceiling/soffit beneath the projecting marquee Recessed entry
Stucco-and-glass box office
Glass-and-aluminum entry doors
CITY OF BERKELEY
Ordinance #4694 N.S.
LANDMARK APPLICATION
California Theatre
2113 Kittredge Street
Berkeley, CA 94704
Figure 1. California Theatre, November 2021. Photo: Anthony Bruce.
Land Use PlanningReceived
January 11, 2022
Attachment 1, Part 3
California Theatre Landmark Application, Page 2 of 51
Figure 2. California Theatre, circa 1930, Jack Tillmany Collection (courtesy Berkeley Architectural Heritage Association)
California Theatre Landmark Application, Page 3 of 51
1. Street Address: 2113 Kittredge Street
County: Alameda City: Berkeley ZIP: 94704
2. Assessor’s Parcel Number: 57-2020-9 (Blake Tract No. 3, Lots 7 & 8) Dimensions: 100 feet x 135 feet
Cross Streets: Shattuck Avenue & Fulton Street
3. Is property on the State Historic Resource Inventory? Yes
Is property on the Berkeley Urban Conservation Survey? Yes Form #: 21286
4. Application for Landmark Includes:
a. Building(s): Yes Garden: Other Feature(s): Neon sign b. Landscape or Open Space:
c. Historic Site: No
d. District: No
e. Other: Entire property
5. Historic Names:
T&D Theatre; Fox California Theatre
Commonly Known Name: California Theatre, The Cal
6. Date of Construction: 1913
–14 Factual: Yes
Source of Information: Building Permit #3418, December 15, 1913
7. Architect: A. W. Cornelius (1913); Balch & Stanbery (1929 –30 )
8. Builder: Kidder & McCullough (1913); A.J. Lane (1929 –1930)
9. Style: Art Deco
10. Original Owners:
John Muldoon & Frank M. Wilson
Original Use: Cinema
11. Present Owner: Ann Belcher et al
Present Occupant: Vacant
12. Present Use: Movie Theatre until Oct 2021
Current Zoni
ng: CD-MU Core
Adjacent Property Zoning: CD-MU Core
California Theatre Landmark Application, Page 4 of 51
13. Present Condition of Property:
Exterior: Good Interior: Good Grounds: N/A
Has the property’s exterior been altered? Yes in 1929–30 and again in 1952
Executive Summary
The California Theatre in central downtown Berkeley on Kittredge Street is a rare extant movie theatre in the Art Deco style that is also beloved by the community.
The California Theatre was initially completed in 1914 as an early motion picture theatre for Turner & Dahnken, also known as the T&D Circuit, a large operator of movie theatres in the then-nascent film industry. The theatre was altered and modernized in 1929-1930 by its new operator, Fox West Coast Theatres, in the Moderne style,
which is today referred to as Art Deco. Even
though the breathless newspaper copy announcing the theatre’s reopening1 was lifted straight from the advertising, the description of the theatre as a “Symphony in Modernism” was an apt one.
Although it has undergone some remodeling and a seismic upgrade, the theatre remains a striking example of Art Deco in downtown Berkeley, completing a trio of buildings in the style within a two-block radius: the Berkeley Public Library (Berkeley City Landmark #56) at 2090 Kittredge Street, completed in 1930 by architect James W. Plachek, and the U.A. Theatre at 2274 Shattuck, completed in 1932, and in which the 1929 architect of the Cal was also involved.
The California is also one of the last 12 surviving movie theatres in the Art Deco style in the San Francisco Bay Area, many of which are either local and/or national landmarks. The California’s 107-year history is interwoven with the history of movies and with the students and the faculty of its neighbor, the University of California at Berkeley, just blocks away.
14. Description
The California Theatre is a two-story, brick-framed
, rectangular building,
situated on two lots, with a façade about 60’ high. Initially designed for showing movies and live performances during the early days of motion pictures, the theatre stands on the north side of Kittredge Street in downtown Berkeley, just off Shattuck Avenue, and is a contributing structure in the proposed Shattuck Avenue Commercial Corridor historic district.
2 1 “Modernism is keynote of new theater building,” Berkeley Daily Gazette, Oct. 9, 1930. 2 Shattuck Avenue Commercial Corridor, Historic Context and Survey, for the City of Berkeley, 2015. https://www.cityofberkeley.info/uploadedFiles/Planning_(new_site_map_walk- through)/Level_3_-_General/ShattuckContextFINAL%20r091515.pdf accessed Nov. 2021.
California Theatre Landmark Application, Page 5 of 51
It dominates the block, where it sits between the Beaux-Arts–style Brooks Apartments on the western corner of Kittredge and Shattuck and the late 19th- century A.H. Broad House and Storefronts, completed in 1894, to the east. Across the street, at 2124–2126 Kittredge, stands the Robert & Elma Elder House (1895), behind a 1926 Mediterranean-style commercial addition. Next door, at 2138 Kittredge, the John C. Fitzpatrick house (1903–04) hides behind a 1935 Georgian Colonial commercial brick addition. On the northeastern corner of Kittredge and Oxford streets stands Oxford Plaza (WRT-Solomon Etc, architects), a multi-use infill development completed in 2009.
Figure 3. Map No. 3 of the Blake Tract, Alameda County Assessor’s Office, Map 57. Note that lot numbers 7 and 8 are identified with the address of 2115 Kittredge, instead of 2113 Kittredge.
According to the original building permits, the theatre’s construction in 1913 used concrete footings and piers,
and the foundation is concrete with steel rebar.
Walls and other piers are brick, and the trusses and girders are steel.
The exterior today is clad in stucco and features a host of Art Deco elements, dating from a major alteration in 1929–1930. The façade presents a symmetrical design with a central architectural bay and four parapet walls, two on each side.
The central bay is divided by a row of five vertical piers and is located in a
central plane under the highest parapet. Just below the central plane, are two overlapping flanking wall planes on each side, in a stepped pattern, under the
California Theatre Landmark Application, Page 6 of 51
lower parapets. The wider, outer walls are each punctuated with a narrow vertical niche, separated from the base of the building by wide horizontal bands.
The ornament course along the parapet has a curving, scalloped coping.
Beneath the coping is an elongated zigzag that resembles a saw tooth pattern. It peeks out from the coping, an unusual treatment of the typical zigzag motif that was popular in the 1920s and 1930s Moderne style.
The five vertical piers that step out from the wall separate a series of plaster bas-reliefs of stylized curves. The design looks like a shell or a fan, and is also known as frozen fountains. At the base of the fountains are cascading swirls, like bubb
ling water. Below the frozen fountains are projecting rectangular corbels, faced with a vertical zigzag motif.
Figure 4. Art Deco details on façade, including piers, rectangular corbels, and “frozen fountain” bas-reliefs, November 2021. Photo: Therese Poletti
At the center of the façade, above the entrance, is the theatre’s large marquee, from whose center projects a neon sign that curves like a lyre. A two-sided projecting prow in the marquee showcases stylized neon letters, with each side spelling out California on a background of navy-blue, highlighted by light blue vertical neon tubes.
The blue neon tubes in the background were originally set to act as chasers, and flashed one after the other, in sequence.
The metal neon letters and the lyre-like centerpiece are outlined in gold, denoting the blue and gold school colors of U.C. Berkeley. The letter forms are
California Theatre Landmark Application, Page 7 of 51
straight up and down, instead of slanted, and in a typography style that marks a transition between the Art Deco era and into mid-century modernism.
Figure 5. California Theatre’s blue and gold marquee and neon sign. November 2021.
Photo: Therese Poletti
One unusual feature of this sign is that the letters are individually formed or sculpted of metal and outlined in neon tubing, giving the letters a sculptural quality. Many theatre signs of the era often had letters painted onto the so-called metal tin can. The neon tubes were then attached over the painted letters, bent to spell out a business or a theatre, such as C A S T R O at the Castro Theatre. 3 Beneath the marquee is a recessed entry, where the glass doors and a basic blocky ticket box in glass and steel are currently covered by plywood. The soffit of the recessed entrance is faced with thick plaster ornamentation depictin g
tropical leaves or vines. On each side of the main entrance are glass display windows, along the building’s base, for posters of feature films and coming attractions. This entry, marquee, and stylized neon sign were part of a 1952 remodel by Fox West Coast Theatres.
The building is set back from the sidewalk by about six feet, and both brick sidewalls are visible from the street. Both sidewalls and the rear are exposed brick and completely braced to full height with steel bracing, placed in vertical, horizontal and diagonal patterns in a seismic retrofit, completed in 2002.4 New fire escapes were also added to each side. A 20-foot-high block to store the stage machinery used in vaudeville and other live performances in the early days at the back of the theatre was also removed at that time.
3 Phone interviews with Jim Rizzo, founder of Neon Works of Oakland and former service provider of the California Theatre and Randall Ann Homan, co-author of “San Francisco Neon:
Survivors and Lost Icons” and neon preservationist.
4 City of Berkeley Planning Department, Permit Number, B2001-03243.
California Theatre Landmark Application, Page 8 of 51
Figure 6. Side walls, right side, of the California Theatre, November. 2021.
Photo: Therese Poletti
Features to Be Preserved
The distinguishing features of the California Theatre include the following:
Rectangular mass
Height of approximately 60 feet
Brick wall structure
Stucco façade
Art Deco-style façade with five vertical piers & six ornamental bays
Art Deco stepped design pattern of façade and roof parapets Four stepped roof parapets
Main central bay and two flanking bays on upper 3/4th of street façade
Angled fluted upper string course and Art Deco curved coping Zigzag saw-tooth pattern under the coping
Banding trim divided into four strips above the entrance that visually separates the base and the upper part of the building Two slightly coved niches located on the widest, outer architectural bays
Projecting corbels and zigzag ornaments
Plaster bas-reliefs (frozen fountains motif)
Two rectangular neon signs on a projecting prow with stylized lettering that each spell out CALIFORNIA
Projecting prow/angled marquee, surrounded in neon tubing
California Theatre Landmark Application, Page 9 of 51
Lyre shaped center metal piece covered in neon tubing Leaf-patterned ceiling/soffit beneath the projecting marquee Recessed entry
Stucco-and-glass box office
Glass-and-aluminum entry doors
Glass poster-display cases
15. History
The original Blake Tract was made up of land that had originally been owned by José Domingo Peralta, the son of a Spanish pioneer and soldier, Don Luís Maria Peralta, who had divided his property among his four sons. Domingo Peralta sold his land, including today’s central Berkeley, to a group of investors. In 1856, George Mansfield Blake purchased Plot 69, made up of approximately 160 acres of the 640
-acre Rancho San Antonio, for $5,000, a plot that he had just three years prior unsuccessfully tried to claim, along with three other Berkeley pioneers:
Francis Kittredge Shattuck, James Leonard, and William Hillegass. 5 Kittredge Street and Shattuck Avenue are both named for Francis Kittredge Shattuck, often called the “founder of Berkeley,” having been an early investor in Berkeley real estate, a developer of its downtown core, and an early promoter of rail service to Berkeley.
Figure 7. Francis Kittridge Shattuck, Berkeley Daily Gazette, September 10, 1898
5 Daniella Thompson, “The Tapes of Russell Street,” February 1, 2005. http://berkeleyheritage.com/essays/block_h_blake_tract.html
California Theatre Landmark Application, Page 10 of 51
In a tragic irony, Shattuck, who was also one of the early mayors of Oakland, died at age 73 of injuries after being accidentally struck with major force by a hurried passenger who was exiting the train at Shattuck Avenue and Center Streets in downtown’s
Berkeley Station.6
In 1876, two years before the incorporation of Berkeley, portions of the Blake Tract were put up for auction by Shattuck, who was Blake’s brother-in-law and co-executor of his will. Blake, who died in 1875, was also an influential East Bay citizen, having been a mayor of Oakland, district attorney for Alameda County, and at the time of his death, a judge. His wife, Millicent K. Blake, was F.K.
Shattuck’s sister and an early educator. Shattuck and his sister were executors of Blake’s will.
7 An ad appeared in all the local papers in October, 1876, describing the auction of much of the Blake Tract as, “That Splendid Property, Known as the Blake Tract!” That auction was for 40 business and residence lots and 140 residence lots, some with frontage on the university.8
The Blake Tract, Map No. 3, which includes Kittredge Street, was subdivided in 1881. One early sale was in 1887 of Lots 13 and 14 on the southwest corner of Fulton and Kittredge streets (then spelled Kittridge) to George W. Webb, by Blake’s widow, for $900.
9 Webb apparently purchased the lots as an investor, as he and his family continued to live in their residence nearby, on Bancroft Way & Fulton.10
Figure 8 Blake Tract, Map No. 3, 1881. Courtesy Berkeley History Online, Berkeley Public Library, Berkeley, CA.
6 “Passing of the Founder of Berkeley,” Berkeley Daily Gazette, September 10, 1898. 7 “Judge Blake’s Will,” Oakland Tribune, October 23, 1875. 8 Onley & Co Real Estate Auctioneers ad, Oakland Tribune, October 9, 1876. 9 Oakland Tribune, August 29, 1887.
10 Berkeley City Directory, 1888-1889.
California Theatre Landmark Application, Page 11 of 51
The Muldoon Family
The California Theatre is located on lots 7 and 8 of Blake Tract No. 3. Lot 7 was occupied by the home of John F. Muldoon, a real estate investor, who moved to Berkeley sometime after the San Francisco earthquake and fire of 1906.
Muldoon’s family and heirs still own the property and the theatre today.
John Muldoon’s mother and father were both Irish immigrants, and John was born in Philadelphia in 1862. His father Michael, born in Cork, Ireland and his two older brothers worked as coal miners in the industrial county of Lackawanna, Pennsylvania. John was born in Philadelphia. At age 16, John and a third brother were also working in the mines as drivers.11 By the time he was 21, John had moved west to California’s gold country, where he registered to vote in 1884 while living in the town of Jackson in Amador County. According to his obituary, he worked in the Muldoon Mine,12 named after Edward Muldoon, an unrelated man who discovered it on his grazing land outside of Jackson. (The mine later became known as the Kennedy Extension and the target of a lawsuit between two rival mining firms in 1909. 13 The Kennedy Mine went to a depth of 5,912 feet, was the deepest gold mine in the U.S. and closed in 1942.)
Even though it was not his claim, Muldoon’s early mining ventures appear to have been successful, because he stayed for 20-plus years in the small Gold Rush town of Ione, where he ran his own livery and stable business and was involved in local politics. He also met and,
in 1894, married his wife Teresa Scully, of the
prominent Scully family. Muldoon eventually amassed many real estate holdings in Amador County, while his wife was busy with her family, a local Masonic order, the Native Sons and Daughters of California, and raising their three children, William, John Jr., and a daughter, Madeline. Her family home in Ione, the Scully Ranch, is listed in the National Register of Historic Places.
The Muldoon family left Amador County for the Bay Area sometime after 1906. Muldoon’s name can be found buying parcels, lots, or houses in Berkeley
and Oakland, beginning in August 1906, when he takes over the deed to a lot in Claremont.
14 It’s likely he saw a major investment opportunity in East Bay real estate amid the rush of refugees fleeing San Francisco after the 1906 earthquake and fire,15 and that could have even been the impetus for him to move his family.
11 1880 United States Census of Lackawanna, PA, via Ancestry.com, accessed November 2021. 12 “Funeral Tomorrow for John Muldoon,” Oakland Tribune, July 30, 1933. 13 “Big Mining Suit, Kennedy Extension vs. Argonaut, $700,000 Damages Asked,” Amador Ledger, December 3, 1909.
14 “Lizzie Smith to John Muldoon, Lot 23 Parkside, Claremont,” Oakland Tribune, August 14, 1906. 15 Berkeley’s population grew from 26,000 in 1906 to about 38,000 a year later, according to Richard Schwartz, “Earthquake Exodus, 1906: Berkeley Responds to the San Francisco Refugees,” (Berkeley: RSB Books, 2006), p. vii.
California Theatre Landmark Application, Page 12 of 51
John Muldoon first appeared at 2113 Kittredge Street in the 1908 Alameda County voter registration rolls, but he was listed in assessor’s records as early as 1907 as owner of Lot 7, while local investor Frank M. Wilson owned Lot 8. In the 1910 U.S. Census, Muldoon and his family were enumerated as living at 2113 Kittredge Street in a house he owned, and his profession was described as a broker of real estate and stock.
While the Muldoon family were settling into their more
urban life in
Berkeley, change was happening all around them. The small town of Berkeley was experiencing a major early 20th-century growth burst. The downtown commercial district was undergoing a building boom, and more public transportation was being added to the main Shattuck Avenue commercial corridor, including a new Southern Pacific Railroad station. Constructed for mixed use, many new buildings marked the transition from wood-frame structures to fireproof buildings, clad in brick and/or stucco, with fire escapes and some with fireproof metal sashes.
16 At the same time, entertainment venues for the growing population were also starting up, as the early days of motion pictures proved to be very profitable for savvy entrepreneurs in the young rough-and-tumble business.
Figure 9
. Southern Pacific station on Shattuck Avenue, circa 1909
Just around the corner from the Muldoons, on Shattuck Avenue, was the new collegiately named Varsity Theater, reportedly the first playhouse in Berkeley devoted primarily to movies, which opened in November, 1908 on the street level of the newly constructed Brooks Apartments Building.
16 Franklin Maggi, Leslie Dill and Sarah Winder, State of California DPR 523 Primary Record, Brooks Apartments.
California Theatre Landmark Application, Page 13 of 51
“The Varsity theater on Shattuck Avenue which was opened about two weeks ago by an aggressive San Francisco business man, is one of the prettiest moving picture show houses on the Pacific Coast, and is attracting large houses every afternoon and evening,” reported the Berkeley Daily Gazette on November 20, 1908. “The Varsity gives nothing but clean, high class programs.”
Figure 10. Ad for The Varsity in the Berkeley Daily Gazette, November 6, 1908.
The Varsity’s aggressive business man was Claude E. Langley, a directing manager of the Turner & Dahnken circuit, an up-and-coming moving pictures company in San Francisco. The Varsity was doing so well that in December, 1910, it got a permit to expand into one of the stores next to the cinema, which would add another 200 seats to its capacity.
17 The Varsity closed a year later, when T&D
opened the larger Berkeley Theatre at Shattuck & Haste in August, 1911, also run by Langley. In November, T&D officially closed the Varsity. In a bit of a self- serving statement they noted that “the pull” to the larger, more commodious new Berkeley Theatre was too strong to compete against, even though it was also a T&D theatre.18 But Turner & Dahnken were not finished investing in Berkeley.
San Francisco-based T&D, one of the largest independent theatre chains, began as a partnership between William Turner and Fred Dahnken who started together in the film-supply business after the 1906 earthquake and fire.
Eventually, Turner and Dahnken sold their film exchange and invested in early movie theatres. Among their first investments were two small movie houses on Market Street in San Francisco.19
17 “Varsity Theater to be Improved,” Berkeley Daily Gazette, December 8, 1910. 18 “Doors of Varsity Theater Closed,” Berkeley Daily Gazette, November 17, 1911. 19 “The History of Contra Costa County,” by Frederick Hulaniski (Elm Publishing Co., 1917), p. 588-589.
California Theatre Landmark Application, Page 14 of 51
Another early venture was the Oakland Photo Theatre
(1911), funded by department store magnate H.C.
Capwell and located on Broadway and 15th Street, with
1,900 seats and a vaudeville stage.20 By 1913, they had also taken over the Lyric in Oakland, where they had
once been the film supplier, as seen in this February1909 ad in the Oakland Tribune.
As T&D expanded in the East Bay, the central section
of Shattuck Avenue in Berkeley, closer to the university, still interested them. After opening the Berkeley Theatre, they looked at a property on Shattuck and University, but deemed the two lots near their former Varsity on
Shattuck as more suitable.
Real estate investor, banker, and Berkeley mover-and-
shaker Frank M. Wilson,
21 who owned one of the two
Kittredge Street lots with Muldoon, held lengthy talks with T&D Circuit executives over several weeks.
22 In September 1913, the Berkeley Daily Gazette
reported that Wilson and Muldoon had agreed to build a $150,000 motion picture theatre to be operated by Turner & Dahnken.
After Wilson orchestrated the deal
with the T&D executives, and permits
were filed for the theatre, it appears
that Muldoon had the family’s two-
story Victorian wood-frame house
moved to 2417 Blake Street, based on
the permits filed at the time with the
City of Berkeley.23
Muldoon’s children would stay at
the Blake Street house until they
married, and John Sr. lived there until
his death in 1933 at age 71.24
Figure 9. Frank Wilson in his garden at
2400 Ridge Road, courtesy BAHA.
20 “Oakland Theater largest of its kind in the U.S.,” Oakland Tribune, September 29, 1911. 21 Thompson, Daniella, City of Berkeley Landmark Application, 2508 Ridge Road. https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-_LPC/2016-02- 04_LPC_ATT2_2508%20Ridge_Landmark%20Application.pdf
22 “Turner and Dahnken Complete Negotiations for a $150,000 Theater Here,” Berkeley Daily Gazette, September 18, 1913.
23 City of Berkeley, Permit #3490, February 3, 1914, “Repairs to a building moved to that location,” Berkeley Architectural Heritage Association archives. 24 “Funeral Tomorrow For John Muldoon,” Oakland Tribune, July 30, 1933.
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John Jr., the second oldest son, went on to be a star rugby player at Berkeley High School and Santa Clara University. After graduating in 1919, John played on the U.S. Olympic Rugby Team25 which won the gold medal in 1920 in Antwerp, and again in 1924. His younger brother William, also a Santa Clara student, was another member of the two gold-medal-winning teams.26
Figure 11. U.S. Olympic Team, 1920, J. Muldoon, back row, 4th from right, W. Muldoon, middle row, 3rd from right. Photo: Rugbyfootballhistory.com
John Jr., who became part owner of the Dana Garage in Berkeley, died at age 47, after an illness, leaving behind his wife and three children, including Jack Muldoon (John Muldoon III),27 who ultimately became the owner of the Cal Theatre before his death in 2012.
The T& D in Berkeley
The permits for the new, single-screen Berkeley T&D Theatre were filed in December 1, 1913, with an estimated initial cost of $50,000.28 The T&D Theatre ended up costing $150,000. It opened on December 9, 1914 and showed the film “Cabiria,” a three-hour Italian epic silent film with towering sets and thousands of extras, and a two-reel Keystone comedy, “The Property Man.” Despite a downpour of heavy rain, the theatre opened to a full house, and Mayor Charles Haywood participated in the opening ceremonies.29 The architect chosen by the T&D Circuit was Albert W. Cornelius, also of San Francisco, and the builders were Kidder and McCullough of Berkeley. Cornelius
25 “Alumni Rugby Teams Stage Fast Battle,” Oakland Tribune, December 26, 1920 26 “Rugby at the Olympics,” list of team members, 1920, 1924 Olympics, Rugbyfootballhistory.com
27 “Garage Man Dies in Berkeley Hospital,” Oakland Tribune, January 3, 1944 28 City of Berkeley Building Permit No. 3418, December 1, 1913. 29 “New Berkeley Theatre Ceremoniously Opened,” Oakland Tribune, December 11, 1914.
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designed several theatres in California for the T&D Circuit, including those in Pittsburg, Richmond, Sacramento and Salinas. He also designed several residential homes in Oakland, Berkeley and San Francisco.
The Berkeley T&D was an imposing two-story edifice, with heavy ornamentation, sculpted bas-reliefs inside arches over the upper windows, and a larger arched window over the entrance. The massive window was divided into multiple panes of art glass. The theatre was described as Greek or Greek revival in style, but as in most early movie theatres, the designs often were an eclectic combination of architectural motifs and styles.
Inside, the theatre had a large auditorium and a balcony. With 2,000 seats, it was described as the largest auditorium in Alameda County at the time.30 The theatre had velvet carpets, French tapestries, a ventilation system, a stage and equipment for full theatrical productions, an immense pipe organ, a huge balcony with supporting posts, an enclosed projection room, orchestra pit, upholstered seats,
and many exits. Balcony seats cost 20 cents, twice the price of the standard seat. Even though it was the 10th movie theatre in Berkeley at the time, it received a lot of press, due to its central location, size and design. “Architect Cornelius has made a life study of this particular branch of his profession, and in designing the new building he has incorporated the latest and most modern ideas in theater construction,” reported the Berkeley Daily Gazette31 Cornelius’s theatre in Pittsburg, named the California Theatre and completed in 1920, is an extant example of a theatre similar to the T&D Berkeley, before its remodel in 1929–1930. The California in Pittsburg is currently a community arts performance venue and has many neoclassical features, such as Corinthian columns, sculpted urns, figurative sculptures, and, as in the T&D Berkeley, a larg
e arched window, set with art glass, over the entrance.
The California Theatre in Pittsburg was also clearly inspired by the Palais Garnier, also known as the Paris Opera House, albeit on a much smaller, less grand and ornate scale. The Paris Opera, designed by Charles Garnier and completed in 1875, was one of the major achievements of Emperor Napoleon III’s reconstruction of Paris, led by Baron Haussmann, and an inspiration to students of Paris’s influential architecture school, l’École des Beaux-Arts.
Many of the early theatres before World War I were designed in the Beaux- Arts style, which became popular in America after the 1893 World’s Columbian Exposition in Chicago. After many of the best architects in the U.S. studied at the École des Beaux-Arts, in part due to the paucity of architecture schools in the U.S. during the late 19th century, they passed on the school’s teachings to their American colleagues. Methods included competitions to address an architectural problem, planning, and academic precision in drawing. Studies at the École were
30 “New Theater is formally opened,” Berkeley Daily Gazette, December 10, 1914. 31 “New T&D Theater to open Wednesday,” Berkeley Daily Gazette, December 7, 1914.
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also heavily influenced by the embrace of classical architecture and the antiquities of ancient Rome and Greece.
Figure 12. California Theatre in Pittsburg, CA, A.W. Cornelius Photo: Cinema Treasures.org
The conservative, imposing style also fit the changing movie business, as it transitioned from the small, scrappy storefront venues—where fire was a danger because of the nitrate film and open projectors—to safer, fire-proofed playhouses to accommodate the growing audiences.
The T&D Berkeley was one of the better of the T&D theatres in the Beaux- Arts style. It also featured the signature T&D logo in plaster, set in the middle of the massive metal awning, directly below the arched art-glass window. Part of T&D’s appeal, news stories reported, was its fine selection of moving pictures “of a high moral character,” seen as a hallmark of the T&D Theatres. In mid- December, after the showing of “Cabiria,” the T&D Berkeley hosted a spectacular production of “Neptune’s Daughters” with a cast of 1,000. “Berkeley’s Picture Palace,” got far more press attention than the smaller Strand (now the Elmwood) on College Avenue, which opened just days before the T&D in 1914,32 possibly because the Strand didn’t buy any newspaper ads for its grand opening, lacking the funds of the T&D Circuit.
32 “Big Drama of the North Will Open New Theater on College Ave. and Derby St., Berkeley Daily Gazette, December 7, 1914.
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Figure 13. New T&D Theatre, The Architect & Engineer, February, 1915
The T&D Circuit
Several months after the December opening of the T&D Berkeley, the young company was riding high, with a one-page spread in a 1915 issue of The Moving Picture World featuring photos of its top four executives, and five of its Bay Area theatres, including the Berkeley theatre.
As a company, though, T&D had already experienced one brief ownership squabble with a manager at the Lyric in Oakland, an incident that landed in the press when an attorney for T&D used an iron bar to batter down the front doors in a standoff with the Lyric’s manager.33
It was a precursor to an even fiercer battle after the unexpected death of co- founder James Turner, struck by the Spanish Flu in 1918, aged 45. Turner died after a 10-day illness, the second death at the circuit during the influenza
33 “Oakland Attorney Retakes Theater,” Oakland Tribune, July 25, 1913.
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pandemic. Dahnken, who had recovered from it, had just returned to work when Turner succumbed.34
Figure 14. The Moving Picture World, July 10, 1915, courtesy Daniella Thompson
After Turner’s death, his widow Hattie Turner took over his position, but “dissatisfaction arose in the corporation between [Fred] Dahnken and Mrs.
Turner interests.”35 In the summer of 1921, Dahnken was ousted as president by the board, and Turner’s widow took his place. Dahnken refused to acknowledge the vote and release T&D’s books and records to the board. Ultimately, a few months later, the two sides reached an agreement, and Dahnken was made chairman of an advisory committee.
But this saga was the beginning of the end for the T&D Circuit. In January 1923, executives announced that the T&D and its 26 movie houses would be sold
34 “James T. Turner Dies of Influenza,” San Francisco Examiner, November 5, 1918. 35 “Fred Dahnken Concedes Election of Mrs. Turner as Head of Corporation,” San Francisco Examiner, October 8, 1921
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to a Los Angeles group led by film pioneer Sol Lesser and his firm West Coast Theatres, Inc., for a sum of under $4 million. The deal was called “one of the largest deals in the history of motion pictures.”36 When the deal actually closed in March, it was described as a $1.67 million deal for 90% of T&D stock.37 In the very first days of the completed deal, the general manager for the group, A.W. Bowles, talked about plans for some of the theatres, and mentioned the T&D in Berkeley as on the list for a $100,000 remodel.38 One month later, West Coast Theaters filed for a permit to erect a scaffolding as part of an interior remodeling project to remove the box seats, change rows of balcony seats, and install a new office door. The permit estimated the work at $4,500, a far cry from the promised $100,000.39
The year 1923 was also a tumultuous one for the city of Berkeley, which after over a decade of commercial and residential growth, had its own natural disaster: a major fire that started in the Berkeley Hills but descended toward the U.C. Berkeley campus and downtown. Most of the structures destroyed were homes, and another wave of construction in Berkeley followed in the 1920s.
As the 1920s roared on, the Shattuck
Avenue commercial district grew with
new, taller buildings, department stores, restaurants, and small parking garages.
One major downtown development was the creation of Shattuck Square, next to the Southern Pacific sta
tion. The three Beaux-Arts style buildings in the square were designed by architects J.R. Miller and Tim Pflueger of San Francisco, and one was designed as the Berkeley branch of the Roos Brothers department store.
With
growing commerce, population, and more transit options in urban areas, the movie business was growing, too. Ever-larger movie palaces, featuring revivalist European architecture or references to faraway locales seen only on the silver screen, became part of the cinema-going experience.
Sometime after the T&D sale to West Coast Theaters was completed in August 1923, the theatre on Kittredge Street was renamed the California. While several other theatres in the chain were also named the California, in Berkeley,
the new name was also an opportunity to connect more with the local U.C.
Berkeley community. The first ads with its new name began to appear in late 1923. Under the new owners, the theatre and its management also got involved with the growing downtown Berkeley business community: they hosted Chris
tmas parties for children, PTA meetings, a fundraiser for the U.C. crew team, and had boy scouts as ushers for an event. The theatre also hosted fashion shows for Roos Brothers, usually in conjunction with a film screening.
36 “Lesser Takes T&D Circuit for $4 million,” San Francisco Chronicle,” January 23, 1923. 37 “T&D Theatres Sold for Sum of $1,675,000,” San Francisco Chronicle, March 20, 1923. 38 “Old Factor in Movie Game Passes,” San Francisco Examiner, August 23, 1923. 39 City of Berkeley, Building Permit 14961, September 18, 1923, Berkeley Architectural Heritage Association archives
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Figure 15. Roos Bros ad, Berkeley Daily Gazette, February 24, 1926
Enter Fox Studios
The film industry evolved from small nickelodeon operators, to upstart com
panies, to studio conglomerates with moguls at the top. These studio heads wanted ownership of more theatres. In January, 1928, Fox Studios, led by William Fox, purchased the parent company of West Coast Theaters, Westco Corp., for $100 million, a deal that included four other cinema chains. A total of 250 m
ovie theatres were involved in the deal.40
When Fox made this big acquisition, the industry was just becoming obsessed with a new technology: sound. Even though there had been experiments with sound effects prior to Al Jolson’s 1927 film, “The Jazz Singer,” when that film became a major smash hit with recorded sound
performances, there was no
looking back.
The development of sound in film culminated in another shift in the business, a change more technological than architectural. But it still led to a flurry of upgrading and remodeling in many houses, and Berkeley’s California Theatre was among them. The switch to sound also was an excuse to further modernize many theatres, or to redecorate and remodel in the range of revivalist, exotic and escapist styles that were becoming popular after World War I.
40 Fox Films Buys 250 Theaters, Los Angeles Times, January 26, 1928.
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Just a few months after the Fox acquisition of the West Coast Theatres, in May, 1928, the California closed with a small, cryptic notice in the Berkeley Daily Gaz
ette, which announced, “’The Dove,’ [a film starring Norma Talmadge] will automatically come to a close tonight with the closing of the California Theatre.”41 It wasn’t until November, 1929 that Fox West Coast Theatres filed a permit for alterations. Nothing else was on the permit, except “per plans.” Costs were cited as $40,000, it was filed by the Los Angeles contractor, A.C. Lane.42
Figure 16. Mention of California Theatre closure in the Berkeley Daily Gazette, May 5, 1928.
The year 1929 was a tumultuous one in America. The stock market crash in October ultimately led to the Great Depression of the 1930s. But in the first few weeks after the crash, it wasn’t immediately clear how severe the impact would be, or that the Roaring 1920s were at an end. All over America, building was s till
going at a breakneck pace; movie palaces were still on drawing boards, including in the Bay Area. In June, 1929, Fox had just completed the San Francisco Fox, a 4,651-seat, so-called spectacular theatre, designed by New York architect Thomas La
mb. In October, Paramount Publix started talking to San Francisco architect Tim Pflueger about a major movie palace in Oakland, an approximately 3,000- seat theatre to compete with the one-year-old Oakland Fox around the corner.
When the California Theatre, now known as the Fox California, finally reopened in October, 1930, as noted by Betty Marvin in the State’s Historic Resources Inventory form filed in 1978, “reporters in 1930 were uncertain whether to say the 1914 T&D had been remodeled or demolished.”43
41 ‘”The Dove’ to Have Final Run Tonight,” Berkeley Daily Gazette, May 5, 1928. 42 City of Berkeley, Permit No. 33702, November 12, 1929, Berkeley Architectural Heritage Association archives.
43 Marvin, Betty, State of California, Department of Parks and Recreation, Historic Resources Inventory, “California Theater,” January 13, 1978.
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Figure 17. California Theatre under construction, 1929 or 1930 Swingle Collection, BAHA archives.
The Berkeley Daily Gazette said, “the new structure rises on the site of the old California, an important and colorful theater in the city’s past.”44 The Oakland Tribune, though, noted that most of the reported $250,000 in expenditures on the theatre were on the interior furnishings and stage equipment.
In under a year, the theatre had been transformed into a “symphony in modernism” by the theatre’s architect, Clifford A. Balch, his engineer partner, Floyd E. Stanbery, and their decorators. But it is clear from a construction photo at
the time that the work was mostly on the façade, where the contractors transformed the once-ornate Beaux-Arts façade into an imposing, tripartite front with a stepped parapet and roofline, narrow niches and Art Deco motifs such as zigzags and frozen fountains, and a new marquee designed of modern materials such as metal, plastic,
and neon.
While the exterior of the theatre was modern or modernistic, the interior also combined different themes and references, common among theatre architects of the 1920s. The Fox California followed a “modernistic theme in structure” with “several forms of architecture” adapted for the interior. “A touch of Kipling’s India is to be found in the stage curtains, with French renaissance architecture for the auditorium, and modernized Spanish schemes for the foyer,” commented the Oakland Tribune.
45 The yearning for exotic foreign lands and styles was also a key element of the Art Deco movement, which sought to eschew the standard classical European
44 “Theater will be Opened Friday,” Berkeley Daily Gazette, October 9, 1930. 45 “Fox Opens New Film Theater in Berkeley,” Oakland Tribune, October 11, 1930.
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references, or at least transform them. As Maggie Valentine describes in her book on theatre architect S. Charles Lee, The Show Starts on the Sidewalk:
Exotic styles not only connoted escape but demonstrated the ambivalence of American attitudes in the 1920s. Having seen much of Europe during the war, America soldiers returned with images of French chateaus and Tudor
cottages that over the next decade sprang up in bungalows, apartment buildings, and commercial architecture throughout the United States. However, national disillusion with international commitment and the rejection of a position as a world power shaped the isolationism and laissez-faire policies that characterized the 1920s. Period revival architecture was the cultural expression of that ambivalence. 46 Figure 18. 1930 photos of foyer and mezzanine, published in the Berkeley Daily Gazette
The new theatre maintained much of its original footprint and the wing for theatrical and stage equipment. Its total auditorium, including a new balcony built with steel trusses, still held about 2,000 seats. Patrons went upstairs via one of two sweeping “futuristic” staircases that featured new metal railings with a swirling pattern, passing into the mezzanine through pointed Moorish arches.
Black-and-red occasional chairs, comfortable lounges and settees dotted the foyer and the mezzanine, all modelled on modernistic lines.
The main auditorium featured a new proscenium design, where neutral walls flowed into the proscenium of buff- and sand-colored blocks surrounding the screen and stage area, where “one vivid spot of color” came from the curtain designed to cover the new screen, made of a “shimmering orange velvet” with a
modernistic floral design, in magenta and a royal blue as a border, trimmed with
46 Valentine, Maggie, “The Show Starts on the Sidewalk, An Architectural History of the Movie Theatre Starring S. Charles Lee,” (New Haven: Yale University Press, 1994), p. 72.
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multi-colored gems, silver sequins and metallics. The new pipe organ was a $25,000 Wurlitzer, finished in gold with raised fleur-de-lis on either side.47 There was also a new projection booth twice as large as standard booths, with a double ceiling that was designed as a safeguard against fire, three projectors in sound-proof compartments, and two generators, in case of breakdowns.
Other new equipment included a new Magnascope screen for better picture quality and, most important, the latest in “talking equipment” from Western Electric, intending to give “the people of Berkeley a show house of perfect sound.”
48 The theatre also provided headsets for the hard of hearing.
Figure 19. Ad in a special section on the theater of the Berkeley Daily Gazette, October 9, 1930.
While the Oakland Tribune sounded disappointed by the lack of pomp and long speeches by Berkeley Mayor Thomas Caldecott, throngs were reported to attend the second grand opening of the theatre. The 1930 talking film “Follow Thru,” a whirlwind romantic comedy starring Buddy Rogers and Nancy Carroll, was preceded by some short subjects, including a Mickey Mouse cartoon.
47 “’Modernism’ is Keynote of New Theatre Building,” Berkeley Daily Gazette, October 9, 1930. 48 “Perfect Acoustics Worked Out After Study by Engineers,” Berkeley Daily Gazette, October 9, 1930.
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The Architect
In the six-page special section on the theatre in the Berkeley Daily Gazette, which gave the theatre the most coverage, nothing was written about the firm Balch & Stanbery, responsible for the design and engineering of the theatre.
Balch and Stanbery were based in Los Angeles and appear to have formed their partnership in the late 1920s49 as an architect and engineer team, much like Dankmar Adler and Louis Sullivan in Chicago. They worked together off-and-on until the late 1930s. Balch also worked with Walker & Eisen, a highly regarded and prolific firm in the Los Angeles area, as an associated architect, where he designed more theatres in the Art Deco style, including the United Artists Theatre in downtown Pasadena and its Berkeley twin on Shattuck Avenue, which opened two years after the California Theatre.
Clifford Allison Balch was born in Preston Lake, Minn. in 1880, the son of a carpenter and the oldest of four siblings. His family moved to California around the end of the 19th century, and in the 1900 census, they were listed as living in Pasadena and the 19-year-old Clifford was working as a day laborer. Ten years later, his mother Anna was a widow, and Clifford described his profession as architect, still living in Pasadena, where he and his three brothers all resided in the parental home.
In 1917, Balch, already a second lieutenant in the National Guard, took a War Department exam and was appointed first lieutenant in the U.S. Army, which had not yet entered World War I.
50 He eventually joined Company 1 of the 160th
Infantry. In 1918, he shipped out of Brooklyn, N.Y. to France. During his service there, his mother’s letter-writing friendship with the French woman who was hosting Balch in her home was featured briefly in the Los Angeles Times.51 Balch fits the type of architect described in Valentine’s book on S. Charles Lee, as one of the many architects who served in the First World War, and returned to the U.S. with revivalist visions of Europe or other foreign lands. He began working on movie theatres in the 1920s, and one of his first designs to receive attention was the Bard Theatre Building in his home town of Pasadena. The theatre in the mixed-use commercial building was described as Egyptian and presented vaudeville shows produced by Alexander Pantages.
After the 1922 discovery of Tutankhamun’s tomb in Egypt, the architect and the theatre’s owner, Lou Bard, were swept up in the ensuing Tut-mania that was all the rage through the 1920s, influencing architecture, clothing design and even the makeup of many flappers. Balch and his patron were also likely also inspired
49 Pacific Coast Architecture Database (PCAD), listing on Balch & Stanbury, pcad.lib.washington.edu accessed December, 2021.
50 “California Commissions in the Guard Confirmed,” Los Angeles Times, August 17, 1917. 51 “Strangers But War Makes Them Friends,” Los Angeles Times, November 11, 1918.
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by Sid Grauman’s Egyptian Theatre on Hollywood Boulevard, which had opened in October, 1922, with the first-ever Hollywood movie premiere.
Figure 20. Ad for Bard Theatre Building, The Pasadena Evening Post, June 22, 1925
Great pharaoh heads, silent sphinxes, and racing chariots were among the motifs to decorate the theatre. Reds, jade green, and black intermingled with hundreds of pounds of gold leaf in the mural decorations inside the theatre, reported the Pasadena Evening Post.52
Little is known about Balch’s early training, but he clearly was interested in drawing and was talented as an artist. In 1902, at age 22, he entered a Board of Trade contest to design the cover of a souvenir book and won. 53 According to the
Pacific Coast Architecture Database, Balch worked on approximately 38 movie theatres, all of them in California, either on his own, with Floyd Stanbery, Walker & Eisen, or a firm he started later with his brother, Balch & Balch.
One project—the West Coast outpost of the famous New York restaurant Sardi’s—showed Balch working in an even more modern style, in collaboration w
ith the Austrian modernist, R. M. Schindler, who by then had settled in Los Angeles. One Los Angeles Times mention in 1932 noted, “plans are now being completed by architects C.A. Balch and R.W. [sic] Schindler” for Sardi’s. A later ad cites Schindler as the building architect; Balch was architect for the owners.
52 “Egyptian Elegance to be Disclosed in Bard’s New Theater,” Pasadena Evening Post, June 22, 1925.
53 “Sixteen Identified,” Los Angeles Times, December 30, 1902.
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Sadly, the sleek modernist café-restaurant burned in a kitchen fire in 1936.54
Figure 21. Ad for the new Sardi’s, Los Angeles Times, January 3, 1933.
As a WWI veteran, Balch tried to serve his country again during the Second World War, registering for the draft in 1942 at age 61. In 1948, Balch and his brother William worked on an “ultra modern” drive-in theatre in Pomona, called the Valley Drive-In. This appears to have been Balch’s last project. He died at age 83 in 1963.55
Balch and Art Deco
In many of his theaters that survive today, Balch was working in what we refer to today as the Art Deco style, and described at the time as Art Moderne, Zigzag Moderne, modernistic, zigzag, jazz or, as the ad copy for the Fox California read, simply modernism. The style derived its current name from a 1925 exposition in Paris, called L’Exposition des Arts Décoratifs et Industriels Modernes, where a
54 “Eight Injured as Sardi’s Café Destroyed by Fire,” Los Angeles Times, November 2, 1936. 55 Funeral announcements, “Clifford A. Balch,” Los Angeles Times, December 18, 1963.
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decorative style that had been bubbling up in Europe, influenced by a convergence of modern art movements, made its debut.
In her book, Essential Art Deco, author and V&A museum curator Ghislaine Wood describes the wide-ranging style:
Art Deco is perhaps best understood as the style of an age of extremes.
Spanning the boom of the roaring twenties and the bust of the Depression- ridden thirties, it came to represent many things for many people. It was the style of the flapper girl and the factories of Fordism, the luxury ocean liner and the skyscraper, the fantasy world of Hollywood and the real world of the Harlem Renaissance. It could be deeply nationalistic, but it spread like wildfire all over the world, dominating the skylines of cities from New York to Shanghai and sheathing offices and factories from London to Rio. It presented a return to tradition and simultaneously celebrated the mechanized modern world. It embraced handcraft production and the machine…It affected all forms of design, from the fine and decorative arts to fashion, film, photography, transport and product design and reached beyond these to encompass literature, music and dance. It was modern and it was everywhere.
56 While the newspapers did not go into much detail about the exterior of the California Theatre in its 1930 re-opening, the massing of the façade and its plaster ornament are quintessential of the style and are highly regarded today.
The stepped pattern of the façade is an element that became quite popular, one that was an oblique reference to ancient temples of Mesopotamia, the Mayans, and the Egyptians. This fascination with ancient worlds, combined with the 1914 zoning requirement in New York for setbacks on new skyscrapers to allow more sunlight on the streets, fueled a fascination with ziggurat shapes.
This shape, and various Cubist interpretations of it,
led to the so-called
“skyscraper style,” where even furniture took on the shape, such as the skyscraper bookcases created by designer by Paul Frankl.
Another common motif is what are referred to as frozen fountains, captured in plaster, as seen in the California’s façade. This motif repeats itself again and again in many buildings around the world, from the mid- to late 1920s, when the style was effervescent. The concept of the frozen fountain is possibly a reference to the fountain of glass designed by Renée Lalique, one of the foremost designers of the period, for the Paris Expo. A stained-glass version of the fountain was also depicted on the cover of the French weekly news magazine L’Illustration.
In addition, the zigzag pattern, seen on the theatre’s façade, was such a popular motif that it was sometimes used as a nick-name for the style in the 1920s. It was also a likely double entendre referring to carefree drinking during Prohibition, since zigzag was used during World War I to denote drunkenness.
56 Wood, Ghislaine, Essential Art Deco, (London: Bullfinch Press, 2003), p. 6.
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Figure 22. Postcard featuring Lalique’s fountain, Paris 1925 Exposition
Figure 23. Stained glass window created for the 1925 Exposition des Arts Décoratifs et Industriels Modernes depicts the new style as seen in Lalique’s fountain.
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Balch also deployed the style in several other theatres, notably in five United Artists theatres, including the Berkeley U.A. on Shattuck Avenue, which was completed two years after the California Theatre on Kittredge. Balch was described as an associate architect with Walker & Eisen of Los Angeles.
Figure 24. Architectural renderings of four U.A. theatres in the Art Deco style by Walker & Eisen, C.A. Balch as associated architect. (c) Los Angeles Times, September 13, 1931.
The Pasadena Theatre, as seen in illustration No. 3 above, is still extant on Colorado Avenue as a gym and a restaurant. The United Artists Theatre, still an active movie theatre on Shattuck Avenue, is nearly identical in form, with a stepped façade, narrow tower, vertical lines, and sculpted bas-reliefs on each side of the tower, depicting “Artistry” on the left and “Unity,” on the right. Theatre historian Gary Parks has noted that the art work is reversed on the façade of the Pasadena theatre.
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When the U.A. Theatre opened in September, 1932, the tower glowed with neon, which was removed, possibly sometime in the 1960s or 1970s.57 The original United Artists marquee has also been removed.
Like many of the architects of his era, Balch would gradually become more modernist in his designs, as the Art Deco ornament would be stripped from designs in the later 1930s, partly due to budgetary consideration, and as the design evolved into what we now call Streamline Moderne.
Figure 25. United Artists on Shattuck Avenue, November 2017 Photo: Therese Poletti
The Cal Endures
In 1933
, as the economy worsened during the Great Depression, Fox West Coast Theatres filed for bankruptcy as a way to get out of many unprofitable movie theatre leases. The move was criticized by legislators during a Senate committee hearing on bankruptcies that took place in Los Angeles. One year later, the assets of the bankrupt chain, including 125 theatres, were sold for $15.6 million to National Theatres Corp., a company organized to purchase the Fox
57 Finacom, Steven, “Berkeley’s United Artists Theater Turns 75,” The Berkeley Daily Planet, September 14, 2007.
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chain and headed up by Spyros Skouras, the brother of Charles Skouras, a former top executive of Fox West Coast and a trustee of the bankrupt company.58 Back in Berkeley, the California Theatre carried on; it continued to screen movies and hosted or sponsored typical community events, such as an Easter egg hunt with partner the Berkeley Daily Gazette. The theatre was still named the Fox California;
it wasn’t until the early 1950s that another big change occurred, as the Fox West Coast chain sought to counter post-war issues that were affecting the movie theatre business. Drive-in movie theatres were becoming all the rage as America started moving to the suburbs, and the threat from television was beginning in earnest, as the numbers of operating television stations grew.
In April, 1952, the Fox California closed for two weeks, as rumors were dropped in a gossip column in the Berkeley Daily Gazette about plans in the works for a star-studded opening in May.
After its brief closure, the theatre had a grand
“reopening” to celebrate a remodel that featured a marquee redo and the addition of a huge glowing neon sign, spelling out California on two sides. The exterior of the theatre was also repainted in a shade of chartreuse.59 The neon sign today remains the most enduring element of the 1952 remodel.
Figure 26. California Theatre’s working neon in 2008. Photo © Thomas Hawk
At the grand re-opening in 1952, actresses Clare Trevor and Jeanne Crain, and the actor Charles Coburn were the biggest stars to attend the event, which raised funds for a
U.S. Olympic Games Fund and a Berkeley Chamber of Commerce youth program.
58 “National Theaters Take $15 Million Chain, 125 Houses are Involved, Out of Bankruptcy,” Los Angeles Daily News, November 20, 1934.
59 “Grand Opening Being Planned for California Theater,” Berkeley Daily Gazette, April 30, 1952.
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“The theatre itself has been completely remodeled and redecorated,” the Gazette reported.60 In its own two-page ad, Fox West Coast said it had “engaged the most progressive and modern creators in the architectural and decorative professions.”
In reality, Fox had given its theatre the so-called “Skouras Style” treatment, which was an interior remodel style of Fox West Coast Theatres under the leadership of Charles Skouras, who took over the chain sometime in 1933. The signature style involved the use of plaster in three-dimensional hand-tinted floral patt
erns and scrolls, applied to interior walls and the surrounds of the proscenium. Fox worked with theatre designer Carl G. Moeller, who also remodeled the box office and the soffit of the marquee in the same scrolling, three-dimensional style. The arches at the top of the staircases were also reconstructed, and turned into curving, rounded entry ways, leading into the revamped mezzanine area.
Figure 27. Renderings of the California Theatre interior, longitudinal view, reproduced in the Annual of the Theatre Historical Society of America, 1987. Photo courtesy Gary Parks
Preston Kaufmann, the author of a now-highly collectible book on the San Francisco Fox Theatre, also wrote an issue for the Theatre Historical Society of America on the Skouras Style in 1987. Kaufmann said that this form of decoration was almost exclusively seen in showplaces operated by National Theatres, especially the Fox West Coast Theatres. Kaufmann described it as:
Showmanship in architecture…sweeping scrollwork, deep hanging festooned drapes, multi-colored neon-lit coves, generous use of gold leaf, and lighting fixtures of brass and aluminum…are just a few of the very unique components of what historians call the “Skouras-Style.”… Film goers were greeted in the lobby by a clean but fanciful concession stand, decorated with
60 “Hollywood Stars to Be Here for Berkeley’s Gala Theater Premier May 14,” Berkeley Daily Gazette, May 8, 1952.
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etched aluminum panels. Skouras-Style ornament and painting continued in the auditorium —on the walls and ceiling. Seemingly as in days past, the theatre was a show in itself.61
The Skouras treatment could be called a lower-cost, three-dimensional version of the heralded Heinsbergen murals that decorated many Californian movie theatres of the 1920s and early 1930s, but at a fraction of the cost. “Obviously, these decorations were relatively inexpensive, compared to use of intricate staff work,” Kaufmann wrote. “But the Skouras[es] were interested in only one thing—making money.” He noted that th
e style was used for
approximately nine years. When Charles Skouras died suddenly of a heart attack in 1954, the inspiration behind the style came to an end.
Not much can be learned about Carl Moeller, the chief creative behind these effects. He is cited as one of the designers of the now demolished Hawaii Theatre (1940) on Hollywood Boulevard, which featured some precursors to the Skouras Style, with floral embellishments.
An ad in the Berkeley Daily Gazette (Fig. 26) included some rare photos of the stylized ornament on each side of the California Theatre’s proscenium.
Figure 28. Partial section of two-page ad from the Berkeley Daily Gazette, May 14, 1952.
61 Kaufmann, Preston, “Skouras-ized for Showmanship,” Theatrical Historical Society of America, Annual, No. 14, 1987.
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Figure 29. Mezzanine photo circa 1950s, with redone archways, 1930 staircase railings and bas relief in gold or aluminum leaf on the left. Jack Tillmany Collection, BAHA archives.
The 1970s to today
As movie theatres continued to be hurt by the explosion of television in the 1950s and 1960s, some theatres closed or sought new ways to attract the public and remain viable and profitable. The advent of shopping malls and the megaplex in the late 1970s led to another round of pressure on single-screen theatre operators, and many went out of business. Other theatre owners responded by partitioning their theatres, splitting large auditoriums into two or three separate small theatres, where they could screen a handful of movies every day.
The California was one of those venues. In 1976, the theatre was managed by
Marty Foster and Phil Harris, whose company, Marphil Corp., operated a chain of art house theatres in the East Bay. They hired architect John A. Elphick of Oakland to split the upstairs balcony into two smaller theatres, each with its own separate entrance off the mezzanine. As much of the Skouras treatment as possible was left intact, but decorative elements that got in the way of the twinning of the balcony level had to be removed.
After the split
into three screening rooms, the theatre was called the
California 3 for a time. By the 1980s, it was known as California Cinema, as repertory houses came into
vogue. In 1994, a company founded by Gary Meyer,
who managed the U.C. Theatre, a popular rep house on University Avenue, took over the lease. His then-young company, Landmark Theatres, had the lease on the theatre until October, 2021. Like all movie theatres across the U.S., the theatre was shuttered during the COVID-19 pandemic and was on the verge of reopening when the heirs of John Muldoon III cancelled Landmark’s lease.
Under Landmark’s management, the California began again to host big movie events that involved the community, as it had done in its early years.
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Daniel Ellsberg, author and former military analyst who was the source of the Pentagon Papers, was a frequent movie goer at the Cal. Another local Berkeley celebrity, U.C. Berkeley professor of public policy and former secretary of labor Robert Reich, was also in the house on three occasions for the showing of a documentary, “Inequity for All,” by Berkeley filmmaker Jake Kornbluth. Reich, who stars, in the film,
participated in a Q&A at each showing.
Another major event took place in 2013 for the showing of the film “Fruitvale Station,” about the 2009 shooting of Oscar Grant by a BART police officer, who said he mistook his gun for a taser. The film’s director, Ryan Coogler, hosted a packed Q&A session after one showing of the movie.
Figure 30. Filmmaker Ryan Coogler during an audience Q&A after a showing of the film “Fruitvale Station” in 2013. Photo courtesy Dale Sophiea
16. Context
The California Theatre is located on Kittredge Street between Fulton Street and Shattuck Avenue, on two parcels, known as Lot 7 and Lot 8.
The block is part of
Blake Tract, Map No. 3, which was originally bounded by Shattuck Avenue, Allston Way, Atherton Street (now part of the U.C. campus), and Bancroft Way.
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This block of Kittredge built up slowly in pre-1906 Berkeley, and then experienced more change in the rapid post-earthquake and fire growth of the small city. From its earliest days, the quiet block right off the hubbub of Shattuck was a popular area for rooming houses and apartments for both students and families, with its easy proximity to the university. In the mid-1920s and again in
1935, commercial storefronts were added to the oldest hi storic Victorian homes on the block, as the theatre and large corner apartment buildings added to the business activity in the area and the mixed-use nature that still exists today.
Although Blake Tract, Map No. 3 was subdivided in 1881, its development was slow. By 1890, only two houses had been built on the north side of Kittredge, including on Lot 8, the lot that investor Frank M. Wilson would eventually purchase in 1906. This early dwelling on Kittredge was an income property from the beginning, with a dwelling and a small carriage house in the rear.
According to Assessor Records, Lot 8 was owned from 1890 to 1903 by Ann A. Shepard,
62 who moved to California from Iowa with her daughter, May, a very early student at the University of California, in 1879. They settled at 2020 Hearst Way (then College Avenue), a rooming house where May met her future husband, a law student named Lemuel Warren Cheney. After May and Warren married in 1883, Mrs. Shepard continued to live with them.
Warren Cheney became a journalist and was a well-regarded contributor to the literary magazine called The Californian, and eventually took it over in 1882, and then merged it into The Overland Monthly.63 After the Cheneys married and sojourned in Europe, they briefly resided in Lodi. They returned to Berkeley in 1886, where they lived on what was then called Audubon Street (now College Avenue), north of Bancroft Way. Their home was located adjacent to the U.C. campus, an appropriate location at the time for the Cheneys.
May Cheney would go on to found the first teacher placement agency west of the Rockies, and her husband would join in its management. In addition, May Cheney was a co-leader in the movement to have Phoebe Apperson Hearst named as the first woman regent of the University of California. 64 Warren
Cheney also sold real estate, where he made important contributions to the development of Berkeley.65 In 1890, it appears that Mrs. Shepard purchased the property on Kittredge for investment purposes.
By 1894, most of the north side of the block had been built up, but the south side remained undeveloped. An additional dwelling on the north side of Kittredge, as seen in the 1894 Sanborn map, was a dwelling on Lot 7, also known as 2113 Kittredge. In 1893, that dwelling was owned and occupied by William Murray, a bookkeeper, and his daughter Anita L. Murray, a music teacher,
62 Alameda County Assessor Records, BAHA archives.
63 “The Californian magazine has changed hands.” Alameda Daily Argus, July 22, 1882. 64 Thompson, Daniella, “U.C. Offers the American Turgenev’s House for One Dollar,” BAHA website, http://berkeleyheritage.com/berkeley_landmarks/cheney.html. 65 Ibid.
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according to City Directories and assessor records. William Murray died in 1896, leaving Anita the house on Kittredge.66
Street grading and curbing of the block of Kittredge to the east of Shattuck and west of Fulton did not occur until 1895.67 Cement sidewalks were laid out on each side of Kittredge in 1896.68
That same year, the Berkeley Gazette (which later became the Berkeley Daily Gazette) published a cheerful progress report on the young town.
Figure 31. Sanborn map 1890 (left) and Sanborn 1894 (right)
The newspaper was an advocate, citing all the reasons home-seekers should look to Berkeley for the “most beautiful building sites,” with the University a nucleus as an education center. Noting the town’s achievements to date, the writer added, “It is not yet eighteen years since Berkeley was organized.”69 Those achievements included a growing manufacturing industry, a police force, a banking institution, services such as electricity in every home, good markets for food, a new public library and a growing number of graded streets.
Commercial buildings were one or two stories, wood frame construction, but as the Shattuck Avenue Commercial Corridor Historic Context and Survey noted, “by 1895, more substantial multi-story structures began to appear that were of brick construction.”70
66 Berkeley Gazette, May 8, 1896.
67 “Kittredge Street Macademize and Gutter: Resolution Ordering the Work,” Berkeley Gazette, October 3, 1895.
68 Berkeley Gazette, May 26, 1896.
69 “Berkeley’s Progress, Something about the Past and Present Time,” Berkeley Gazette, December 24, 1895.
70 Shattuck Avenue Commercial Corridor Historic Context and Survey, City of Berkeley, p. 25.
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Public transportation to the fledgling university and the young town growing around it was initiated in 1876 with the 3.84-mile Berkeley Branch Railroad from Oakland. This subsidiary of the Central Pacific had its first terminal on Shattuck Avenue between Center Street and University Avenue.
In 1895, two buyers purchased properties on the south side of Kittredge Street, again for investment purposes. One was Robert Elder, an investor who built a house across the street, slightly cater-cornered, from the California Theatre. The house was originally a two-story wood-frame Shingle Style house.
In 1896, it became the home of the new U.C.
chapter of the Delta Upsilon
fraternity for a couple of years, until the growing fraternity moved to larger quarters. In need of its own house, in 1902, the fraternity began raising funds by incorporating a house association, and built a fraternity house on Channing and Bowditch streets in 1905.71
Also in 1895, Ivy Melvin Tripp and his wife Emma built a house at 2106 Kittrege Street (Lot 19).72 By 1900, the Tripp family had moved out, and their former home became a boarding house. In 1902, a suspicious fire in the boarding house, owned for one week by former miner and capitalist Gustave Wanger, greatly damaged the building.73 A year later, Wanger commissioned Berkeley architect William H. Wharff to design a three-story, fire-proof building on the southeast corner of Shattuck and Kittredge for apartments and commercial storefronts. In mid-1904, J. F. Hink & Sons Dry Goods (the precursor to Hink’s Department Store), moved into the ground floor.
Figure 32. J.F. Hink & Son promotional postcard, circa 1904, of the new store in the Wanger Block courtesy Daniella Thompson.
71 “The Delta Upsilon Quarterly,” Volume XXIV, October 1, 1906, p. 260 -261. 72 Oakland Tribune, January 14, 1895.
73 “Disastrous Fire is Probably Due to Incendiarism, Berkeley Daily Gazette, December 29, 1902.
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The unbuilt lots on Kittredge Street continued to be sold in the early 1900s, and most of them were income properties, with apartments or rooming houses that appealed to the growing university community.
E.J. Martin, a North
Berkeley resident who was the manager at the San Francisco gas company, acquired
lots as a speculative venture in 1901 and planned to build “tasteful cottages of seven rooms.”74 In April of that year, Martin filed a permit for all work except electrical wiring and gas fixtures on a two-story house on the north side of Kittredge, 50 feet west of Fulton, with double specifications.
This
likely was the two-story building at 2125-27-29-31 Kittredge, originally four flats that had grown to 12 apartments and rooms by 1950 A classified ad from 1902 for 2127 Kittredge described clean, well-furnished rooms for rent, and a French and Spanish table, where both languages were spoken and practiced. 75 By 1903, there were dwellings on all seven lots on the north side of Kittredge, while the south side was gradually developing, along with downtown Berkeley.
More public transit had an even larger impact on the growth, with the formation of the Key System in 1902 and its arrival in Berkeley with streetcars that left
Shattuck for a ferry connection to San Francisco beginning in 1903.76
Figure 33. Sanborn Fire Insurance Map,
1903
In January, 1904, a livery and stable owner named John C. Fitzpatrick hired the well-regarded Berkeley architect Wharff to build a two-story residence with a
basement on the south side of the block, at what is now 2138 Kittredge, for the large sum of $4,090.77 Fitzpatrick had also purchased the lot next door, to the
74 “Will Improve Real Estate,” Berkeley Daily Gazette, May 17, 1901. 75 Classified ads, Berkeley Daily Gazette, September 30, 1902. 76 Shattuck Avenue Commercial Corridor Historic Context and Survey, p. 24. 77 “To Erect Large Building,” Berkeley Daily Gazette, January 4, 1904.
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east. He, his wife and their five children, had been living across the street at 2115 Kittredge, according to the 1904 Husted’s directory. After many years as a railway superintendent, at the turn of the century, Fitzpatrick had opened up his own livery and stable business on Allston.
After Fitzpatrick’s new home was built, he also moved his livery and stable business next door. The original 1904 home, which was built set back from the street, features a full-width hipped main roof and other Victorian era features such as a projecting bay to the east and curved wooden brackets.78 Fitzpatrick’s livery and stable business evolved with the times. In 1907, it even had a veterinarian who had his office on site, which probably was very useful when horses were stabled there. But transportation was shifting to the automobile, and by 1915, a year after the T&D Theatre opened, it was advertising limousines available at any time at Fitzpatrick’s Garage. 79 Figure 34. View of Kittredge Street circa 1915 with Fitzpatrick’s Garage covered in ivy on the left. Postcard courtesy Anthony Bruce
Two major events led to a further explosion of growth of downtown Berkeley. The San Francisco earthquake and fire of 1906 and the construction of the Southern Pacific railroad station in 1908, both led to more commercial
78 Franklin Maggi, Leslie Dill, and Sarah Winder, “John C. Fitzpatrick House,” State of California DPR 523 Primary Record, March 2, 2015, p. 1.
79 Classified ads, Berkeley Daily Gazette, December 2, 1907 and December 15, 1915.
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construction and development. Some buildings in downtown Berkeley suffered some damage, but nothing like the devastation seen in downtown San Francisco.
The year 1906 was also important for the block. The Victorian house at 2113 Kittredge on Lot 7 was sold by Anita Murray to John Muldoon and his family in 1906, while the house next door passed from Mrs. Ann Shepard at her death in 1903 to her other daughter, Fannie Beardsley.
In March 1906, one month before the San Francisco earthquake and fire, Frank Wilson purchased that same property from Stanford and Sarah Luella Cartwright,80 who owned the property for about three years. Wilson is named in Alameda County historic assessor’s records as the owner of the property from 1907 through 1913, but the assessment on the Lot 8 improvements was markedly reduced by 1911. The 1911 Sanborn map (Fig. 34) shows only a shed in the rear of Lot 8, indicating that Wilson either razed or moved the house circa 1910–11.
Figure 35. Sanborn Fire Insurance Map, 1911
With so many people fleeing San Francisco, many in Berkeley saw an opportunity both to profit from and to boost the young city’s growth in this time of tragedy across the bay. For example, a group of real estate men formed, dubbing themselves the Berkeley Real Estate Exchange, to market the city of Berkeley and its locations, including the Berkeley Wharf, to manufacturers and other businesses in San Francisco that had been ruined or damaged in the earthquake.
81 Their efforts were successful. A few months later, Warren Cheney wrote in the December issue of Sunset magazine about the host of commercial enterprises that had moved to Berkeley from the city.82
80 Berkeley Daily Gazette, March 6, 1906.
81 “Real Estate Exchange is Working to Secure Large Business Houses,” Berkeley Daily Gazette, May 1, 1906.
82 Shattuck Avenue Commercial Corridor Historic Context, p. 26-27.
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Another investor who sought to capitalize on the 1906 rush of refugees from San Francisco was business leader B.F. Brooks of Berkeley, who commissioned San Francisco architects Henry Meyers and Clarence Ward to design a three- story apartment building of reinforced concrete and brick, for the corner of Shattuck and Kittredge, at a cost of $60,000.83
Shortly after the Muldoons purchased their home, construction began in October, 1906 on the Brooks Apartment building (also known as the Amherst, Berkeley City Landmark No. 253.)
Upon the completion of the Neoclassic
Revival style building in 1907, the section of Shattuck Avenue from University to Bancroft was “solidly built” on both sides.
84 In addition to the large apartments
upstairs, the building was home to commercial storefronts, including the storefront Varsity nickelodeon, the first home of the T&D Circuit in Berkeley, accessed on the Shattuck street side.
Figure 36. Postcard circa 1907, showing corner of Shattuck and Kittredge, with Brooks Apartments (left) and Wanger Block (right), courtesy Daniella Thompson
The neighborhood continued its growth into the 1920s, and some of the original building owners, seeing an opportunity, adapted their structures to the need for commercial storefronts. The Robert Elder House, for example, was altered in the 1920s. The charming Mediterranean-style commercial storefront addition, which today has the address of 2124–2126 Kittredge, was built in 1926
and retains its architectural integrity.85
83 “Two Handsome Modern Buildings Soon to be Erected in this City,” Berkeley Gazette, October 23, 1906.
84 Two Handsome Modern Buildings Soon to be Erected Landmark in this City, ” Berkeley Daily Gazette, October 23, 1906.
85 Franklin Maggi, Leslie Dill & Sarah Winder, State of California DPR 523 Primary Record, Robert Elder House, March 2, 2015.
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Another earlier survivor on the block is the A.H. Broad House (1894) that added commercial storefronts. The A.H. Broad House stands adjacent to the California Theatre, at 2117 Kittredge Street. This Structure of Merit, designated in 2001, was the home of Berkeley builder and artist Alphonso Herman Broad,86 who lived there with his family from 1907 to 1915, during a period when the block’s character was being transformed from residential to commercial.
Broad would take advantage of this transformation in the mid-1920s, when he built two storefronts in front of his former home.87
“Two new businesses that definitely foretell the speedy conversion of Kittredge street to one of commercial activity have just made their bow to the Berkeley public,” wrote the Berkeley Daily Gazette.88
Figure 37. Photo of A.H. Broad building and new commercial storefronts, June 12, 1925, Berkeley Daily Gazette.
“Residences and rooming houses have long held sway in this block of Kittredge street, despite the nearness to the city’s main artery,” said the Berkeley Gazette. “Only the California theatre and the Pepper Tree Inn disputing residential dominance in the past.”89 The new storefront closest to the theatre was a lunch and candy shop, called “The California Sweets,” an excellent companion to the T&D Theatre, which had already brought the biggest change to the block since its opening in 1914.
Across the street from the theatre was a relatively new Pepper Tree Tea Room, a neighborhood restaurant and café, which was opened in 1923 by Alma Taylor, after her husband purchased their home at 2138 Kittredge from John C.
86 Thompson, Daniella, “Builder-artist A.H. Broad left his mark on Berkeley,” August 6, 2009, BAHA website, http://berkeleyheritage.com/eastbay_then-now/ah_broad.html 87 Thompson, Daniella, “Builder-artist A.H. Broad left his mark on Berkeley,” BAHA website. 88 “Rapid Development on Kittredge,” Berkeley Daily Gazette, June 12, 1925. 89 “Rapid Development on Kittredge,” BDG, 1925.
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Fitzpatrick. Fitzpatrick’s wife died in 1919 and in 1921, he put his garage and auto repair shop up for sale, saying it was “at sacrifice, account sickness.”90At the time, the garage had storage for 35 cars, was doing a good business, and cleared about $400 a month, the ad in the Berkeley Daily Gazette stated.
The T&D Circuit ended up buying the garage, which it sold a few years later in 1925, to the operators of the University Garage on Telegraph.91 The second business was a hair salon, described as a ladies and children’s hair-cutting parlor. Various owners would take over the hair salon, which lasted through the 1950s.
A Sanborn fire insurance map from 1929, after Fox West Coast Theatres took over the theatre, shows all the commercial activity on the block, including a new gas station on the corner of Kittredge and Fulton.
Figure 38. 1929 Sanborn Fire Insurance map, BAHA archives.
The biggest development on the other side of Shattuck Avenue would be the construction of the new main public library, at 2090 Kittredge. The library, completed in 1931, after the 1929–1930 remodel of the California Theatre, would continue the Moderne or Art Deco style. The building
was designed by James W.
90 “Mrs. C. Fitzpatrick Called by Death,” Berkeley Daily Gazette, March 1, 1919. Classified ad, Oakland Tribune, June 15, 1921.
91 “Felt and Millett buy T&D Garage,” Berkeley Daily Gazette, September 5, 1925. (This sale was likely conducted by the heirs of Turner and Danhken, since T&D had been sold by that time.)
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Plachek, a local architect who single-handedly reshaped downtown Berkeley and the Civic Center area between the wars. The new library was built to replace the smaller library designed by John Galen Howard, the main architect of the U.C.
Berkeley core, with funding from industrialist Andrew Carnegie.92 Today, as local City of Berkeley Landmark No. 56 and listed in the National Register, the Berkeley Public Library is an exquisite example of the Art Deco style, in massing, design, and ornament, with bas-reliefs that reference Egyptian art, illustrating the trend of designers of the period to incorporate motifs of non- European derivation.
Figure 39. Detail of Berkeley Public Library, November 2021. Photo: Therese Poletti
One year later, the United Artists Theatre on Shattuck was completed, also in the Art Deco style, by Walker & Eisen architects, with Balch as associated architect. Including the California Theatre, these three Art Deco buildings in the area are all excellent examples of the style, and represent the neighborhood’s change from early residential to an even larger, modern commercial district.
Another nod to the increased commerce in the area happened in the mid- 1930s, when the Taylors, as new owners of the Fitzpatrick house at 2138 Kittredge,
also embarked on a commercial renovation, a move that would also accommodate more patrons in the popular Pepper Tree. Their project was built 10 years after storefronts were added in front of the A.H. Broad and Robert Elder houses and injected additional charm to the block.
93 92 Maggi, Franklin, Leslie Dill & Sarah Winder, State of California, DPR 523 Primary Record, Berkeley Public Library, March 15, 2015.
93 Maggi, Franklin, Leslie Dill, & Sarah Winder, State of California, DPR 523 Primary Record, John Fitzpatrick House, March 2, 2015.
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In 1935, the Taylors commissioned a brick-faced addition to their home, with a two-story, modified Georgian Colonial façade, “inspired by early-American house construction.”94 There are graceful arched door openings and arched windows on the ground floor, symmetrical focal windows on the second floor, and decorative steel half-round balconettes. The small, stately addition would fit right in among the Federalist homes on Boston’s Beacon Hill.
Figure 40. Taylor addition (1935) to
Fitzpatrick House, 2138 Kittredge Street.
Photo © 2021 Anthony Bruce.
Figure 41. Ad for the remodeled Pepper Tree, November 1935, Berkeley Daily Gazette
Today, this core area of Kittredge Street next to Shattuck Avenue retains its mixed-use character, and most of its historic buildings are contributors to a
94 Maggi, Franklin, Leslie Dill, & Sarah Winder, State of California, DPR 523 Primary Record, John Fitzpatrick House, March 2, 2015.
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potential historic district of Shattuck Avenue. In addition, these historic mixed- use buildings from the 1890s to the 1930s are all important links to downtown Berkeley’s historic past and its evolution to today’s dense urban center.
17. Significance
Consistent with Section 3.24.110A.1.a. The California Theatre possesses architectural merit. Originally constructed in 1913–1914, it was remodeled in 1929–1930 in the Art Deco or Moderne style and retains most of those features:
Art Deco façade, including Art Deco style massing and design features such as stepped parapets. The theatre retains all its original Art Deco ornaments, such as the curved coping, zigzag trim, vertical stepped out piers, frozen fountains, and protruding corbels with zigzags. A remodel in 1952 added a neon sign of architectural significance, with rare so-called raceway letters that extend upwards. The stylized letter forms are also individual sculptures of metal and the letter form is a rare up and down script and is fitting with the Art Deco style.
Consistent with Section 3.24.110A.1.b. The Cali
fornia Theatre is one of the
last three movie theatres in the Art Deco style in Berkeley, and one of the last 12 extant in that style in the San Francisco Bay Area. It is one of two theatres in Berkeley to be designed in its 1929–1930 remodel by a significant theatre architect, Clifford A. Balch of Los Angeles, who was a prolific theatre designer.
Consistent with Section 3.24.110A.1.c. The California Theatre is an architectural example worth preserving for the value that it adds to the neighborhood fabric. The California Theatre is a striking presence on Kittredge Street and is an extant example of the commercial boom in the 1920s of the area, after the block transitioned from residential homes to small neighborhood businesses. The theatre added to the neighborhood fabric when it was an active movie theatre as a venue for the community to attend films and documentaries, sometimes interacting with directors, and in general, providing educational events on film. The theatre has a history supporting the University of California through hosting events or sponsoring fundraisers.
Consistent with Section 3.24.110A.4. The California Theatre also possesses historic value, as one of the earliest
moving picture theatres in Berkeley, and one
that is still extant. The theatre also has a close association with early California motion picture pioneers, the owners of the T&D Circuit, William Turner and Fred Dahnken, who commissioned its construction as their third movie house in Berkeley. The California also has a close association with Fox West Coast Theatres, a major force in the early days of Hollywood. The California hosted
California Theatre Landmark Application, Page 50 of 51
many Hollywood film stars and prominent actors during its grand openings of 1914, 1930, and again in 1952.
Historic Value: City Yes Neighborhood Yes
Architectural Value: City Yes Neighborhood Yes
18. Is the property endangered? Possibly. The building is vacant, its fate is unknown.
19. Reference Sources/Bibliography/Acknowledgements:
Sp
ecial thanks for advice, help, and editing to historian Daniella Thompson.
Additional thanks to Fran Cappelletti, BAHA archivist, and Anthony Bruce, BAHA executive director, who were also generous with their help. Thanks again for
all the assistance.
Also thanks to Gary Parks, theatre historian and author; Jim Rizzo, neon restorer extraordinaire; Randall Ann Homan of SF Neon;
Thomas Hawk; Ira Serkes; Dale
Sop
hiea, a former manager of the Cal; and Gary Meyer and Allen Michaan for their help. Any errors of fact are the responsibility of the recorder.
Bibliography:
Newspaper digital archives of the Berkeley Daily Gazette, Los Angeles Daily News, Los Angeles Times, Oakland Tribune, Pasadena Post, San Francisco Chronicle, San Francisco Examiner. Accessed via San Francisco Public Library, Los Angeles Public Library and newspapers.com
Alameda County Assessor’s Office, parcel maps
Alameda County City Directories, online at Internet Archive Berkeley City Directories, BAHA archives
City of Berkeley Building Permits, historical permits, BAHA archives City of Berkeley Building permits
Sanborn Fire Insurance maps
Theatre Historical Society of America (THSA) Annual, 1987 U.S. Census records, 1880, 1890, 1900, 1910, 1920, 1930, 1940 via Ancestry.com
Books:
Art Deco San Francisco, Therese Poletti (New York: Princeton Architectural Press, 2008)
Earthquake Exodus, 1906: Berkeley Responds to the San Francisco Refugees, Richard Schwartz (Berkeley: RSB Books, 2006).
California Theatre Landmark Application, Page 51 of 51
Essential Art Deco, Ghislaine Wood (London: Bulfinch Press, 2003) The Best Remain
ing Seats, Ben Hall (New York: A Bramhall House Book, 1961) The Show Starts on the Sidewalk, Maggie Valentine (New Haven: Yale University Press, 1994)
20. Recorder: Therese Poletti Preservation Director, Art Deco Society of California
Date: January 10, 2022
Figure 42. California Theatre at night, 2018. Photo courtesy of Ira Serkes
Commission on Aging
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Commission on Aging
Submitted by: George Porter, Chairperson, Commission on Aging Subject: 2022 Commission on Aging Work Plan
SUMMARY
The Commission on Aging strives to enhance the quality of life for people 55 years and older in the Berkeley Community, and to increase public awareness of their contributions and needs by actively promoting their health, safety, independence and participation in our community.
Having built both a policy-focused and service-focused framework of senior needs in Berkeley, the Commission on Aging has adopted a set of priorities to advance to the City Council which will serve to organize and direct the Commission’s work in the coming years:
Referrals from Council
Support Berkeley Age Friendly Initiatives
Advocate for the needs of older citizens in the implementation of alternative & senior-friendly transportation modes in conjunction with “Safe-Streets” and parking issues
Advocate for Affordable Housing for older adults as well as other housing policies that are consistent with Berkeley’s commitment to encouraging “Aging in Place” and/or “Aging in Community”
Identify and examine the emerging issues and policies regarding public health and safety that are of particular concern to the older adult population and propose policy recommendations that address these specific concerns. Examine the work-plans and agendas of other commissions for elder relevant items
CURRENT SITUATION AND ITS EFFECTS
The Commission on Aging has focused much of its energy on identifying the spectrum and intricacies of senior needs within the city. The Commission has worked to establish a broad knowledge base of City projects, services, and resources which it can use to best address these needs and meet policy and service shortcomings which affect daily life for Berkeley seniors. Given the Commission’s consistent work and communication with City commissions, City task forces, the Aging Services Division, and Berkeley’s
Commission on Aging INFORMATION CALENDAR
2022 Work Plan
citizenry, the Commission plans to use this information and knowledge to construct a cohesive set of priorities through which it will hold itself accountable to the needs of the public.
Finalization of Work Plan 2022
Motion/Second: Porter/ Collins
Ayes: Porter, Collins, Cochran, Futran, Acampora
Noes: None
Abstain: None
PRIORITIES
1. Referrals from Council
a. Staff time will be used to gather the needed official documents for the commission and, when necessary, coordinate presentations from and communications with the relevant City departments and Commissions regarding these referrals
b. Commission will take up these issues during regular meetings and, when necessary, create sub-committees to examine these in greater depth. c. Reports to Council will be submitted when asked to respond to the specific request in order to reinforce the practice of ensuring that the needs of Seniors are taken into consideration during the development of municipal policy and additional staff time to assist in research and preparation of recommendations to Council, preferably during commission meeting hours.
2. Support Berkeley Age Friendly Initiatives
a. Staff time will be used for coordination of Age Friendly “town halls” when necessary, for coordination of presentations to the commission from guests relevant to Age Friendly issues and for assistance in the preparation of recommendations to Council.
b. If and when needed, the commission will hold “town halls” to better inform the public of the progress of Age Friendly Initiatives in relation to “The Age-Friendly Berkeley Action Plan”. The commission will also seek public input and discussion regarding that Action Plan. Commission will identify key issues in the Age Friendly Initiatives strategic plan and communicate with relevant commissions urging support for the policies that reflect these, including examining the funding needed to implement the Age Friendly plan and policies.
c. Increased awareness of and communication regarding “The Age-Friendly Berkeley Action Plan” will be maintained as well as recommendations to City Council regarding Age Friendly Initiatives. Short-term desired change is broader community and municipal consideration of age-friendliness.
Long-term desired changes are Age-friendly concerns being reflected in the development of all, relevant, city policies.