Agenda packet — Berkeley City Council, July 23, 2025 (part 1 of 3)

Wednesday, July 23, 2025 REVISED AGENDA Page 1

P R O C L AM AT I O N

C AL L I N G A S P E C I AL M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
( R E V I S E D T O A D D A T E L E C O N F E R E N C E L O C A T I O N ) In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Wednesday, July 23, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - MARINA DEL SOL C-202, IXTAPA, ZIHUATANEJO DE AZUETA, 40884, GUERRERO, MÉXICO
TELECONFERENCE LOCATION - 5617 NW JETTY AVE, LINCOLN CITY 97367 TELECONFERENCE LOCATION - TÜRKMEN MAH. ÜNLÜ SOK. NO. 6 KUŞADASI, AYDIN, TÜRKIYE

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1609419872. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 941 9872.To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Rev - 1

Wednesday, July 23, 2025 REVISED AGENDA Page 2

Preliminary Matters
Roll Call:

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

1. Landmarks Preservation Commission Appeal: 2425 Durant, Landmark application #LMIN2024-0008
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution upholding the appeal and reversing the Landmarks Preservation Commission (LPC) decision to designate the subject property as a City Landmark.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Rev - 2
Action Calendar – Public Hearings

Wednesday, July 23, 2025 REVISED AGENDA Page 3

2. Landmarks Preservation Commission Appeal: 2138 Kittredge, Landmark application #LMIN2024-0006
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution upholding the appeal and reversing the Landmarks Preservation Commission (LPC) decision to designate the subject property as a City Landmark.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

3. Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024-0057 From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution denying the appeal and affirming the Zoning Adjustment Board (ZAB) decision to approve Use Permit #ZP2024-0057 to demolish a one-story, 8,185- square-foot, non-residential building and construct an eight-story (85 feet), 84,399- square-foot mixed-use residential building containing 97 dwelling units (including ten Very Low-Income Density Bonus qualifying units), 2,117 square feet of ground-floor commercial space and 41 vehicle parking space, on a 23,527 square foot lot.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Adjournment
I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 17th day of July, 2025.

/s/ Adena Ishii, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.

ATTEST:

Date: July 17, 2025
Mark Numainville, City Clerk

NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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Wednesday, July 23, 2025 REVISED AGENDA Page 4
Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council 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 the City Council, 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 to the City Clerk Department at 2180 Milvia Street. 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 City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #3: Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024- 0057

1. Marianne Sluis

Rev - 4
Wednesday, July 23, 2025 AGENDA Page 1

P R O C L AM AT I O N

C AL L I N G A S P E C I AL M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

ADENA ISHII, MAYOR
Councilmembers:

The City Council may take action related to any subject listed on the Agenda.

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Wednesday, July 23, 2025 AGENDA Page 2

Preliminary Matters
Roll Call:

Action items may be reordered at the discretion of the Chair with the consent of Council.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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Action Calendar – Public Hearings

Wednesday, July 23, 2025 AGENDA Page 3

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 14th day of July, 2025.

/s/ Adena Ishii, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.

ATTEST:

Date: July 14, 2025
Mark Numainville, City Clerk

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Wednesday, July 23, 2025 AGENDA Page 4
Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

Please refrain from wearing scented products to this meeting.

Item #3: Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024- 0057

1. Marianne Sluis

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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: https://berkeleyca.gov/

PUBLIC HEARING
July 23, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning & Development Department Subject: Landmarks Preservation Commission Appeal: 2425 Durant, Landmark application #LMIN2024-0008

RECOMMENDATION
Conduct a public hearing, and upon conclusion adopt a Resolution upholding the appeal and reversing the Landmarks Preservation Commission (LPC) decision to designate the subject property as a City Landmark.

SUMMARY
On March 6, 2025, the LPC approved Landmark Designation Application #LMIN2024- 0008, designating the property at 2425 Durant Avenue as a City Landmark. The designation was based on findings that the property meets criteria related to architectural merit, cultural value, and historical significance.

On April 15, 2025, Qian Wang LLC, the applicant for a pending Use Permit on the same property (#ZP2024-0162), which was submitted pursuant to Senate Bill 330 (the Housing Crisis Act of 2019), filed an appeal of the LPC’s decision. The appellant contends that landmark designation of the subject property would conflict with the provisions of SB 330 and the Housing Accountability Act (HAA) and adversely impact the proposed housing development project.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
On November 18, 2024, the City received an SB 330 application to vest the Preliminary Use Permit (PLN2024-0064).

On December 13, 2024, the Preliminary Use Permit application was deemed complete and vested at the time of submittal, November 21, 2024..

On November 21, 2024, the appellant submitted a Use Permit application (ZP2024- 0162).

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LPC Appeal: 2425 Durant Avenue, Landmark Application LMIN2024-0008 PUBLIC HEARING July 23, 2025

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On December 13, 2024, the Use Permit Application was deemed incomplete.

On December 31, 2024, the City received a Landmark or Structure of Merit application (LMIN2024-0008) for the subject property and initiated consideration of the property for the designation.

On January 13, 2025, the City prepared and mailed a Notice of Initiation of the City of Berkeley Landmark designation, anticipating a public hearing before the LPC on March 6, 2025.

On February 13, 2025, the Use Permit Application was resubmitted.

On February 24, 2025, the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations for the landmark designation hearing.

On March 6, 2025, the LPC held a public hearing on the landmark designation application and received public comment. Following deliberations, the LPC unanimously approved the designation by a vote of 8-0-0-0 vote (Moved: Leuschner, Second:

Schwartz, Ayes: Crandall, Enchill, Finacom, Leuschner, Montgomery, Orbuch, Plese and Schwartz, Noes: None; Abstain: None; Absent: None). See Attachment 3 for the LPC staff report.

On March 13, 2025, the Use Permit Application was deemed complete.

On April 15, 2025, the property owner filed an appeal of the LPC’s decision.

BACKGROUND
Landmarks Designation
The subject property is an approximately 9,750-sq. ft, interior lot on the north side of the 2400-block of Durant Avenue. It is a rectangular parcel that is oriented north-to-south with street frontage facing Durant Avenue to the south. It is located in the R-SMU (Residential Southside Mixed Use District) (Figure 1). The lot features four buildings, two main residences that each front Durant Avenue at 2421 Durant Avenue and 2425 Durant Avenue; one cottage at the rear, northeast corner of the lot at 2423 Durant Avenue; and one ancillary building at the rear, southeast corner of the lot (Figure 2) (Image 1; Image 2; and Image 3).

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LPC Appeal: 2425 Durant Avenue, Landmark Application LMIN2024-0008 PUBLIC HEARING July 23, 2025

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Figure 1. Zoning
The residence at 2421 Durant Avenue is a two-to-three story over basement Victorian with a tower roof, rectangular footprint, and wood siding and shingle exterior (Image 1).

The residence at 2425 Durant Avenue is a two-story plus attic flat and was built in 1905 (Image 2). Designed in the Colonial Revival style with Shingle style elements, it features a rectangular footprint, hipped roof, and wood shingle exterior.

The rear cottage and ancillary building/shed are not visible from the right-of-way (Image 3). Available images from recent online rental listings indicate the cottage, constructed in 1906, is a simple Craftsman style two-story residence.

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LPC Appeal: 2425 Durant Avenue, Landmark Application LMIN2024-0008 PUBLIC HEARING July 23, 2025

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Image 1. 2421 Durant Avenue (source: Landmark application) Image 2. 2425 Durant Avenue (source: Landmark application)

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LPC Appeal: 2425 Durant Avenue, Landmark Application LMIN2024-0008 PUBLIC HEARING July 23, 2025

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Image 3: Cottage 2423 Durant (source: Landmark application) The subject property is located in Berkeley’s first subdivision, College Homestead Tract, established in 1866 by the trustees of the College of California. Created to raise funds for the construction of the University campus, it was further subdivided in 1886. The new subdivision, the Beaver Tract, included houses built by the Berkeley Improvement Association. 2421 Durant Avenue was the third home built in the Beaver Tract by the Berkeley Improvement Association, led by prominent Berkeley citizen James L. Barker.

Barker was instrumental in the development of Berkeley, having introduced the Central Pacific Railway to Berkeley in 1876. In 1906, the property owner commissioned prominent architect William Wharff to design the flats at 2425 Durant Avenue. That same year, a two-story cottage was also constructed on the property at 2432 Durant Avenue. The cottage was later converted to a duplex in 1925.

The subject property is not listed on the National Register of Historic Places (NR) or the California Register of Historical Resources (CR).

Several City Landmarks and Structures of Merit are located nearby, including the Cambridge Apartments (1914) at 2500 Durant Avenue, the Fred Turner Building (1940) at 2546 Bancroft Way, the Brasfield (1911) at 2520 Durant Avenue, and the Albra (1921) at 2530 Durant Avenue.

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LPC Appeal: 2425 Durant Avenue, Landmark Application LMIN2024-0008 PUBLIC HEARING July 23, 2025

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Senate Bill 330 (Housing Crisis Act of 2019) Vesting Rights SB 330, also known as “The Housing Crisis Act of 2019,” provides a sponsor of a housing development project a pathway to preserve planning and zoning rights from the date of application filing. This allows the project to vest under laws in place when the application is filed and limits the number of public meetings about the project application to five. An SB 330 Preliminary Use Permit application was submitted on November 18, 2024, and the application was deemed complete on November 21, 2024 (#PLN2024- 0064). Any subsequent changes to zoning or other local regulations, including discretionary decisions such as a local landmark designation, are not applicable to the housing development project.

RATIONALE FOR RECOMMENDATION
The issue raised in the appellant’s letter (Attachment 2) and staff’s response are detailed below. For the sake of brevity, all the appeal issues are not re-stated in their entirety.

Issue: The appellant claims that the designation violates the Housing Crisis Act (Government Code § 66300) and the Housing Accountability Act (Government Code § 65589.5), because a Senate Bill 330 (SB 330) Preliminary Application for a housing development on the site was submitted and deemed complete prior to the landmark designation.

Response: Under State law, once a SB330 preliminary application for a housing development project is submitted and deemed complete, it is protected from the application of new policies or standards, including historic designations. Government Code Section 65589.5(o)(1) (HAA) provides that housing projects are subject only to the ordinances, policies, and standards that were in effect at the time a preliminary application was submitted.

In this case, the preliminary application was deemed complete on November 21, 2024 and the Landmarks Preservation Commission designated the site as a historic landmark on March 6, 2025, which occurred after the vested rights had been established.

Accordingly, staff recommends reversing the designation because it cannot be applied to the proposed project under State law. As a result, the designation would have no practical effect in this instance.

ALTERNATIVE ACTIONS CONSIDERED
Pursuant to BMC Section 3.24.300(E), the Council may (1) continue the public hearing, (2) affirm, or modify the LPC’s decision, or (3) remand the matter to the LPC.

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LPC Appeal: 2425 Durant Avenue, Landmark Application LMIN2024-0008 PUBLIC HEARING July 23, 2025

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The reversal of 2425 Durant Avenue as a City Landmark designation, LMIN2024-0008, would not have a significant effect on the environment, and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Anne Hersch, Land Use Planning Manager, (510) 981-7411
Robert Rivera, Senior Planner, (510) 981-7480
Attachments:
1: Draft Resolution
2: LPC Decision Appeal Letter, received April 15, 2025
3: LPC Packet (Staff Report and attachments), dated March 6, 2025 4: Public Hearing Notice
5: Index to Administrative Record
6: Administrative Record

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RESOLUTION NO. ##,###-N.S.

UPHOLD THE APPEAL AND REVERSE THE LANDMARK PRESERVATION COMMISSION DECISION TO DESIGNATE THE SUBJECT PROPERTY AT 2425

DURANT AVENUE AS A CITY LANDMARK
WHEREAS, on November 18, 2024, the City received a Preliminary Use Permit (PLN2024-0064) application pursuant to SB330; and
WHEREAS, On December 13, 2024, the Preliminary Use Permit (PLN2024-0064) was deemed complete; and
WHEREAS, on December 31, 2024, residents of the City of Berkeley (“applicant”) submitted a Landmark or Structure of Merit application (LMIN2024-0008) to designate the property at 2425 Durant Avenue as a City Landmark; and
WHEREAS, on February 13, 2025, the City mailed public hearing notices to all adjacent property owners and occupants within 300 feet of the subject property, and to interested neighborhood organizations; and
WHEREAS, on March 6, 2025, the Landmark Preservation Commission (LPC) conducted a public hearing for the Landmark or Structure of Merit application (LMIN2024-0008).

After considering the staff report, the administrative record, and hearing comments from staff, the applicant, and the members of the public, the LPC approved the project by a vote of 8-0-0-0; and
WHEREAS, on March 24, 2025, property owner of 2425 Durant, Qian Wang (“appellants”) submitted an appeal of the LPC decision to the City Clerk; and WHEREAS, on or before July 9, 2025, staff posted the public hearing notice at the site and three nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area.

The Council must conduct a public hearing to resolve the appeal; and WHEREAS, on July 23, 2025, the Council held a public hearing to consider the LPC’s decision, and in the opinion of this Council, the facts stated in, or ascertainable from the public record, including the staff report and comments made at the public hearing, warrant upholding the appeal.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley hereby reverses the decision made by LPC to approve a Landmark or Structure of Merit application #LMIN2024-0008.

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ATTACHMENT 2

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L ANDMARKS

P RESERVATION

C OMMISSION
Staff Repor t
1947 Center Street, 2nd Fl., Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420

FOR COMMISSION ACTION
MARCH 6, 2025
2425 Durant Avenue – Laura Tull Property
Landmark application #LMIN2024-0008 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in 1886 and 1905-1906 (APN 055-1878-007-01) I. Application Basics
A. Land Use Designations: Residential Mixed Use (R-SMU) B. CEQA Determination: Exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(
3) for Review Exemptions.

C. Parties Involved:
• Application Author: Anthony Bruce
Berkeley Architectural Heritage Asso
ciation
P.O. Box 1137
Berkeley, CA 94701
• Property Owner: 2425 Durant Avenue LLC
P.O. Box 9541
Berkeley, CA 94709
D. Staff Recommendation: Hold a public hearing and consider final action on this request.

ITEM #10
LPC 2025-03-06

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ATTACHMENT 3

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2425 DURANT AVENUE LANDMARKS PRESERVATION COMMISSION

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Figure 1: Vicinity Map – highlighting nearby City Landmarks and Structures of Merit

Subject Property
ITEM #10
LPC 2025-03-06

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LANDMARKS PRESERVATION COMMISSION 2425 DURANT AVENUE
March 06, 2025 Page 3 of 12

Figure 2 Subject property – Existing Site Conditions, plan view image (source: Yes Duffy)

ITEM #10
LPC 2025-03-06

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2425 DURANT AVENUE LANDMARKS PRESERVATION COMMISSION

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Figure 3 Subject property, current condition of 2421 Durant Avenue – primary (south) elevation and east elevation (source: Landmark application)

Figure 4 Subject property, current condition of 2425 Durant Avenue – primary (south) elevation and oblique view with 2421 Durant Avenue in background (source: Landmark application)

ITEM #10
LPC 2025-03-06

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LANDMARKS PRESERVATION COMMISSION 2425 DURANT AVENUE
March 06, 2025 Page 5 of 12

Figure 5 Subject property, current condition, Cottage/2423 Durant (source: Landmark application)

Figure 6 2421 Durant Avenue, also known as the Cyrus Street House, 1889 (source: Landmark application)

ITEM #10
LPC 2025-03-06

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2425 DURANT AVENUE LANDMARKS PRESERVATION COMMISSION

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Figure 7 2421 Durant Avenue, 1939
(source: Landmark application)

Figure 8 2425 Durant Avenue, 1939 (source:

Landmark application)

II. Application Chronology
On December 31, 2024, the City received a Landmark or Structure of Merit application petition for the subject property, and is provided in Attachment 2 of this report. In accordance with Berkeley Municipal Code (BMC) Section 3.24.120, the application initiated consideration of the property for designation status.

On February 24, 2025 staff mailed and posted 10-day advance notices for tonight’s meeting, in accordance with BMC Section 3.24.140.

Previously-vested SB330 Use Permit Application
On November 21, 2024, the City received Use Permit application #PLN2024-0064 requesting a “complete” determination for a development application to demolish the buildings at the subject property and to construct a new housing project. On December 13, 2024, the City confirmed that the application is complete and, therefore, eligible for streamlined review per Senate Bill (SB) 330, also known as the Housing Crisis Act. This means the housing development is vested under the provisions of SB330 with no historical designation status under the local register and, therefore, the City will be precluded from imposing preservation-related conditions on the housing development project if it is approved. Further, no Landmarks Preservation Commission (LPC) Demolition Referral under BMC Section 23.326.070 of the Zoning Ordinance is required ITEM #10
LPC 2025-03-06

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LANDMARKS PRESERVATION COMMISSION 2425 DURANT AVENUE
March 06, 2025 Page 7 of 12

for the pending Use Permit application because the subject property has a solely residential use (only non-residential properties are subject to Demolition Referral).

III. Historic Resource Status
The subject property is not listed on the National Register of Historic Places (NR) or the California Register of Historical Resources (CR).

Nearby City Landmarks include the Cambridge Apartments (1914) at 2500 Durant Avenue, the Fred Turner Building (1940) at 2546 Bancroft Way, the Brasfield (1911) at 2520 Durant Avenue, and the Albra (1921) at 2530 Durant Avenue. See Figure 1, above.

IV. Property Description
The following description of 2425 Durant Street is based on the research presented in the Landmark Application for this consideration.

The subject property is an approximately 9,750-sq. ft, interior lot on the north side of the 2400-block of Durant Avenue. It is a rectangular parcel that is oriented north-to-south with street frontage facing Durant Avenue to the south. It comprises the address 2421- 2427 Durant Avenue. The lot features four buildings: two main residences that each front Durant Avenue – 2421 Durant Avenue and 2425 Durant Avenue; one cottage at the rear, northeast corner of the lot – 2423 Durant Avenue; and one ancillary building at the rear, southeast corner of the lot (
Figure 2). The two main residences are set back
approximately 20 feet from the street and include an approximately eight-foot walkway between them, providing pedestrian access to the rear of the property. The property is fronted by a manicured hedge in front of a shallow U-shaped lawn, encircled with a shared walkway.

The residence at 2421 Durant Avenue is a two-to-three story over basement Victorian with a tower roof, rectangular footprint, and wood siding and shingle exterior ( Figure 3).

Constructed in 1886, it is Stick style. Stick style elements include horizontal and vertical band details (stickwork), decorative trusses in gables at the primary elevation, channel- rustic siding, and overhanging eaves with exposed rafter ends. The primary (south) elevation is two bays. The eastern bay projects slightly from the elevation and is distinguished by a first floor bay window with fan bracket details and topped with a decorative wood spandrel. The second story features decorative trim above the window and scalloped shingles below the gable roof. The primary entry, a half-glazed paired wood door, is recessed into a covered porch with the same fan details above the bay window. The second story includes a single window topped with a shed roof overhang that is topped with a third-story tower, complete with a gable window. The building’s east and west elevations are largely obscured by adjacent buildings, and include the same vertical band details, decorative trusses in gables, and wood siding and shingle details.

Windows are non-historic replacements.

The residence at 2425 Durant Avenue is a two-story plus attic flat and was built in 1905 (
Figure 4). Designed in the Colonial Revival style with Shingle style elements it features a rectangular footprint, hipped roof, and wood shingle exterior. The primary, south, ITEM #10
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elevation features a two-story bay window and a gable dormer. It includes few decorative details and has a slight eave overhang with a board frieze. The street-side entry includes a shingled porch with a simple frieze, supported by two square posts. The building’s west elevation features a second unit entry, which also features a shallow porch. The east and west elevations are largely obscured by adjacent buildings, but include the same wood shingle exterior and feature a combination of gable and shed dormers. All windows are non-historic replacements.

The rear cottage and ancillary building/shed are not visible from the right-of-way.

Available images from recent online rental listings indicate the cottage, constructed in 1906, is a simple Craftsman style two-story residence ( Figure 5). It has a rectangular
footprint and a wood shingle exterior. Windows appear to be original double-hung wood sash. The northeast corner of the property includes a one-story shed. Constructed in approximately 1911, it has a long, rectangular footprint and gable roof.

Construction/Alteration and Ownership History. The subject property is located in Berkeley’s first subdivision, College Homestead Tract, established in 1866 by the trustees of the College of California. Created to raise funds for the construction of the University campus, it was further subdivided in 1886. The new subdivision, the Beaver Tract, included houses built by the Berkeley Improvement Association. 2421 Durant Avenue was the third home built in the Beaver Tract by the Berkeley Improvement Association, led by prominent Berkeley citizen James L. Barker. Barker was instrumental in the development of Berkeley, having introduced the Central Pacific Railway to Berkeley in 1876. Berkeley contractor Carlos R. Lord began construction of the house in 1886. Its first resident, Cyrus Holiday Street (1844-1913), rented the house from the Berkeley Improvement Association (
Figure 6 and Figure 7). Street served as the
secretary for the Improvement Association and lived in the house with his wife and four sons until approximately 1895.

The house was subsequently sold to Reuben Rickard (1841-1896), a successful mining engineer and well-known Berkeleyan. Rickard was President of Berkeley Board of Trustees twice in the 1890s. His family continued to own the home after his death in 1896, and sold it to Laura Yetter Tull (1852-1926) in 1904. Tull was the widow of Lewis Tull, who previously owned a produce market in Napa before relocating to Berkeley in about 1900 so their daughter, Henrietta, could attend the University.

The property became Tull’s source of income. In 1906 Tull commissioned architect William Wharff to design the flats at 2425 Durant Avenue ( Figure 8). She subsequently
moved into the upper flat while her daughter occupied the lower flat, while the larger residence at 2421 Durant was rented out. In 1906, Tull added to the property, and had the two-story cottage built (2423 Durant Avenue). Tull converted the cottage into a duplex in 1925. Tull died in 1926 and Henrietta inherited the property. After her husband, Dr. Walter Pike Austin died in 1928, Henrietta moved back to the property, and lived in the first floor flat at 2425 Durant Avenue. In 1943, Henrietta converted 2421 Durant Avenue into six apartment units for government approved wartime housing.

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Henrietta also converted the two flats for 11 apartments, with help from architect Loy Chamberlain. Given its proximity to UC Berkeley, it housed many students, including many who flocked to the University to work on wartime projects, like the A-bomb. In later years, Mario Savio, Berkeley Free Speech Movement activist also purportedly was a tenant.

After Henrietta’s death in 1972, the property was sold to former tenant Olive G.

Maddock. Maddock worked as the Executive Secretary of the nearby Head-Royce School and lived on the property until her death in 1998.

The house at 2421 Durant Avenue was damaged by a 1995 fire. By 2000, the property was owned by Jason Wallace, who rehabilitated the residence, and received an award from Berkeley Architectural Heritage Association for the restoration work. The building is owned by 2425 Durant Avenue LLC. An application for the development of a 20-story apartment building has been filed, which would necessitate all the extant buildings to be demolished.

V. Analysis and Evaluation
The analysis section of this report will refer to the research and information provided in the Landmark application (Attachment 2). This section analyzes the extent to which the property appears to meet significance criteria set forth in the Landmarks Preservation Ordinance (LPO), Berkeley Municipal Code (BMC) Chapter 3.

Historic Context.
1 Given its early residential development in 1886 and additional construction in 1905 and 1906, the subject property is associated with the earliest planned residential development in Berkeley. Its development coincides with the growth and expansion of UC Berkeley and includes examples of Stick style, Shingle, and Colonial Revival architecture. Its period of significance begins with its construction in 1886 and spans until 1906, when the cottage building was complete.

Landmarks Preservation Ordinance Significance Criteria. When it designates a property as a Landmark, Historic District, or Structure of Merit, the Commission must find that the property meets one or more of the required criteria codified in LPO, BMC Section 3.24.110. These criteria are relatively specific and appear to align with California Register and National Register criteria. The significance criteria for a Structure of Merit are broader than those for Landmark status, and include properties that qualify individually as good examples of architectural design, or that qualify as contributors to the context of a larger streetscape or area.

Staff completed a review of information provided in the Landmark application and compared the evidence against the criteria for designation consideration. A summary of findings is provided below.

1 National Register Bulletin #15, Item V: How to Evaluate a Property within its Historic Context (2002); National Register Bulletin #16A, Section III: How to Complete the National Register Registration – Period of Significance (1997).

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Landmark criterion – Architectural Merit. Based on the research and evidence presented in the Landmark application, the residential property at 2425 Durant Avenue appears to meet designation criterion for architectural merit. It is an example of an early residence from Berkeley’s first subdivision. The third house built in the Beaver Tract, 2421 Durant Avenue is the oldest remaining example from this period of development. The property, developed over twenty years, includes examples of Stick style, Shingle, and Colonial Revival architecture that are worth preserving for the exceptional values they add as part of the neighborhood fabric. 2421 Durant Avenue, in particular, is one of the few remaining houses built in the Stick style in the University campus area. 2425 Durant Avenue, an example of Colonial Revival architecture with Shingle style elements, was designed by locally prominent architect, William H. Wharff, and appears to be one of his few remaining examples of pre-1906 work. This finding aligns with the designation criterion of BMC Section 3.24.110.A.a.

The subject property retains many of the character-defining features of its Stick style at 2421 Durant Avenue including its distinctive tower roofline, shingle details, vertical and horizontal stickwork, decorative fan braces, decorative trusses, and bay windows. The flats at 2425 Durant Avenue’s char
acter-defining features of the Colonial Revival style
with Shingle style elements include its shingle exterior, gable dormers, and two-story bay windows.

Landmark criterion – Historic Value. The development of the 2425 Durant Avenue property is associated with an early pattern of residential development that began following the first subdivision, College Homestead Association Tract in 1866. Further subdivided into the Beaver Tract by 1884, the building at 2421 Durant Avenue, completed in 1886, is a rare surviving example of a residential building constructed by the Berkeley Village Improvement Association, led by James L. Barker. Barker was instrumental in the development of Berkeley, having introduced the Central Pacific Railway to Berkeley in 1876.

The property’s later evolution, including the 1905 construction of the flats at 2425 Durant Avenue and the two-stor
y cottage in 1906 is representative of the continuing residential development in the area during that period that coincided with the growth the University.

For these reasons, the property appears to embody and express the development history of Berkeley, particularly the residential development in the University campus area. 2425 Durant Avenue appears to meet the LPO Landmark designation criterion for historic value.

The Commission has received sufficient evidence to take favorable action to designate the subject property as a City Landmark. Draft Findings for Approval are provided for the Commission’s consideration in Attachment 1. This draft includes a list of character- defining physical features of this historical resource that should be preserved as required under BMC Section 3.24.100.A for Procedures Required – Controls and Standards.

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LPO Structure of Merit criteria. As discussed above, staff believe the subject property could meet the criteria for designation as a City Landmark. However, if the Commission concludes that it does not (in whole or in part), then the Commission may consider the extent to which it meets the criteria for designation as a Structure of Merit, in accordance with BMC Section 3.24.110.B.2.c. The subject property is an excellent example of Stick style and Colonial Revival architecture and exhibits integrity of design. It expresses the earliest residential development carried out by the Berkeley Village Improvement Association in the University area. As such, 2425 Durant Avenue would meet both of the following Structure of Merit criteria:

Section 3.24.110.B.2. c – “The structure is a good example of architectural design.”

Section 3.24.110 B.2.d – “The age of the structure is contemporary with…an historic period or event of significance to the City, or to the structure’s neighborhood, block, street frontage, or group of buildings.”

No draft findings for approval as a Structure of Merit are provided with this report, however the Commission can direct staff to prepare such findings if needed to support action under these provisions.

VI. Limitations of Local Register Designation – pending Use Permit for demolition
Should the LPC vote on the pending Landmark application (#LMIN2024-0008) to designate the Tull Property at 2425 Durante Avenue as either a City Landmark or Structure of Merit, the property would become a locally listed historic resource.

However, certain limitations would apply given the pending Use Permit request to demolish the buildings at this property.

The Housing Accountability Act of 2019, also referred to as SB330, requires the City to make the “historic site” determination at the time the application for the housing development project is deemed complete. Furthermore, a “determination as to whether a parcel of property is a historic site shall remain valid during the pendency of the housing development project for which the application was made” (Government Code Section 65913.10.a). No City Landmark or Structure of Merit designation status was in place at the time of application completeness in December 2024 and, therefore, a local designation at this time would not retroactively apply to the pending Use Permit request.

Additionally, SB330 limits the City’s ability to impose any preservation-related conditions of approval on the Use Permit. While SB330 also imposes limits on the number of hearings to five, that limit applies to the housing project (Use Permit) and not this Landmark Initiation application. SB330 does not limit the City’s obligation to assess the impact of a proposed project on cultural resources under CEQA and to impose measures to mitigate any adverse impacts on cultural resources; see Gov. Code § 65913.10(c).

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Should the LPC vote on application #LMIN2024-0008 to designate the subject property as a City Landmark or Structure of Merit, the designation would symbolically recognize the local significance and architectural/cultural/historic merit of the Tull Property in Berkeley. Additionally, if the vested rights under complete Use Permit application were not to be exercised and a new or modified application were to be filed in its place subsequent to City Landmark or Structure of Merit designation of the property, then a protective status could apply to the historic site for any future development application.

VII. Recommendation
Staff recommends that the Commission consider the extent to which this property meets the criteria for City Landmark or Structure of Merit designation pursuant to BMC Section

3.24.110.A.1, and then take favorable action.

Attachments:

1. Draft Findings for Approval

2. Landmark Application. 2425 Durant Avenue prepared by Anthony Bruce, Berkeley Architectural Heritage Alliance

Prepared by: JulieAnn Murphy, Architectural Historian, Rincon Consultants, Inc.

Reviewed by: Fatema Crane, Principal Planner; [email protected] (510) 981-7410

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Attachment 1
Draft Findings for Designation
MARCH 06, 2025
2425 Durant Avenue – L
aura Tull Property
Landmark application #LMIN2024-0008 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in 1886 and 1905-1906 (APN: 055-1878-007-01)

PROJECT DESCRIPTION
City Landmark designation of the property at 2425 Durant Avenue

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

1. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.A.1.(a) of the Landmarks Preservation Ordinance (LPO), the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the property at 2425 Durant Avenue meets the architectural merit criterion for City Landmark designation as an example of an early residence from Berkeley’s first subdivisions and one of the oldest reaming examples from this period of development. The third house built in the Beaver Tract, 2421 Durant Avenue is the oldest remaining example from this period of development. The property, developed over twenty years, includes examples of Stick style, Shingle, and Colonial Revival architecture that are worth preserving for the exceptional values they add as part of the neighborhood fabric. 2421 Durant Avenue, in particular, is one of the few remaining houses built in the Stick style in the University campus area. 2425 Durant Avenue, an example of Colonial Revival architecture with Shingle style elements, was designed by locally prominent architect, William H. Wharff, and appears to be one of his few remaining examples of pre-1906 work. The period of significance begins with its construction in 1886 and spans until 1906, when the cottage building was complete.

2. Pursuant to BMC S
ection 3.24.110.A.4, Commission finds that the property at 2425 Durant Avenue meets the historic value criterion for City Landmark designation as representative of an early pattern of residential development that began following the first subdivision, College Homestead Association Tract in 1866. The property’s later evolution, including the 1905 construction of the flats at 2425 Durant Avenue and the ITEM #10, ATTACHMENT 1
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FINDINGS for DESIGNATION 2425 Durant Avenue

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two-story cottage in 1906 is representative of the continuing residential development in the area during that period that coincided with the growth of th e University.

FEATURES TO BE PRESERVED
This designation shall apply to the subject property and the following distinguishing features of the
property shall be preserved, and missing features shall be restored to the extent possible:

Property
• Location at north side of Durant Avenue.
• Setting in a mixed-use nei
ghborhood adjacent to the University of California,
Berkeley campus.
• Spatial relationship between the two main residences – 2421 Durant Avenue and 2425 Durant Avenue and the rear cottage and ancillary building. 2421 Durant Avenue
• Primary elevation (south) elevation on Durant Avenue. • Distinctive tower roof
• Horizontal and vertical band details (stickwork)
• Decorative trusses
• Fan bracket details
• Decorative wood spandrel on primary elevation
• Decorative trim above window openings
• Dormer windows
• Exterior wood siding and shingle details
• Original half-glaze front doors
2425 Durant Avenue
• Primary (south) elevation on Durant Avenue
• Shingle wood exterior
• Dormer windows
• Two-story bay window on south elevation
• Shingled porch with simple frieze at south elevation
Cottage
• Primary (south) elevation at rear of 2421 Durant Avenue • Shingle wood exterior
• Double-hung wood windows
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CITY OF BERKELEY
Ordinance #4694 N.S.

LANDMARK APPLICATION
Laura Tull Property
2425 Durant Avenue
Berkeley, California
Figure 1. Two of the three residential structures that comprise the Laura Tull Property. Anthony Bruce, 2024 ITEM #10, ATTACHMENT 2
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1. Street Address: 2425 Durant Avenue (2421–2427 Durant Avenue) City: Berkeley County: Alameda ZIP: 94704

2. Assessor’s Parcel Number: 055-1878-00701
Block and lot: Block 1, Lot 19 and east half of Lot 18 Tract: Beaver Tract Block No. 1 Dimensions: 75 feet x 130 feet
Cross Streets: Telegraph Avenue and Dana Street

3. Is property on the State Historic Resource Inventory? No.

Is property on the Berkeley Urban Conservation Survey? Yes Forms #: 17975-1 and 17975-2

4. Application for Landmark Includes:
a. Building(s): Yes Garden: Yes Other Feature(s): No b. Landscape or Open Space: Yes Natural: No Designed: Yes c. Historic Site: No
d. District: No
e. Other: Entire property

5. Historic Names: Cyrus H. Street House; Laura Tull Flats; Laura Tull Cottage (3 structures) Commonly Known Name: not known

6. Date of Construction: 1886 (Street House); 1905 (Tull Flats); 1906 (Tull Cottage) Factual: Yes Approximate: No
Source of Information: Berkeley Advocate, January 1887; City of Berkeley Building Permit Application #379, April 29, 1905; Berkeley Reporter, September 1906

7. Architect: unknown [Ira A. Boynton?] (1886); William H. Wharff (1905); unknown (1906)

8. Builder: Carlos R. Lord (1886); A. Cross & Son (1905); unknown (1906)

9. Style: Stick-Style (1886); Colonial Revival (1905); brown-shingle (1906)

10. Original Owners: Berkeley Village Improvement Association/James L. Barker (1886); Laura Tull (1905); Laura Tull (1906)
Original Use: VLQJOHIDPLO\UHVLGHQFH

ÁDWV

VLQJOHIDPLO\UHVLGHQFH

11. Present Owners: Qian Wang of Collabhome, through 2425 Durant Ave., LLC Present Occupant: unknown

12. Present Use: Residential, multiple
Current Zoning: R-SMU Adjacent Property Zoning: R-SMU, C-T

13. Present Condition of Property:

Exterior: excellent Interior: excellent Grounds: excellent Has the property’
s exterior been altered? Minimally
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14. Description
Fig. 2 The Cyrus Street House, built in 1886. Note the carriage house at the right. O. V . Lange photo from Beautiful Berkeley, 1889. 3 The Laura Tull Property consists
of four structures that stand on the
parcel with the County Assessor’s
address of 2425 Durant Avenue: the
Stick-Eastlake style Street House
from 1886, the shingled Colonial
Revival Tull Flats from 1905, the
Tull Cottage from 1906, and a large
pre-1911 shed. All three are ar-
ranged on a large lot with a 75-foot
street frontage and a 130-foot depth.

The Stick-style Street House is
two stories with a third story tucked
under the roof and within a tow-
er that rises over the entrance. The
design is “Stick,” as much—but not
all—of the framing is echoed on the
Fig. 3 The Street House in 1939. Donogh File, Berkeley
Architectural Heritage Association.

Fig. 4 The Street House. Anthony Bruce, 2024.
exterior with vertical boards (the “sticks”). Besides the decorative sticks, the house sports a good deal of Victorian-era “gingerbread.” It is surfaced mainly in channel-rustic siding. (Figs. 2, 3, 4, 5) ITEM #10, ATTACHMENT 2
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4 'HÀQLQJ WKH WZR VWRULHV D IULH]H UXQV DURXQG WKHKRXVHLWVXSSHUKRUL]RQWDOSLHFHDWWKHOHY-
el of the second-story window sills. Within the
IULH]HEDQGDUHQDUURZYHUWLFDOVWULSVRIZRRG
HYHQO\ VSDFHG7KH IULH]H LV UHSHDWHG EHQHDWK
the bay window at the front of the house.

The east two thirds of the street façade is taken
up with a gable-roofed two-story section that
projects a few feet from the main body of the
house. There is a pair of tall, narrow double-
hung-sash windows in the center of the second
story; the pair is crowned by an elaborate mold-
ing. Below is a large slanted bay that is the full
width of this section. The center of the bay is
on the same plane as the wall of the second sto-
ry, and the double-hung window in the center
is so broad as to be almost square. Above the
window, and set within stick framing, are two
identical scroll-sawn panels. (Fig. 6) Each is a
confection of curlicues with a built-up circu-
lar motif in the center. The same panels appear
above the narrower windows on the slanted
sides of the bay. Here they are almost hidden
from view by fan-like brackets that give the im-
Fig. 5 The Street House in 1974. Elizabeth Crews photo, Berkeley Architectural Heritage Association.

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5 pression of supporting the second story. ( Fig.
7) Three sun-rays ornament the surface of the
fans. Drop ornaments accentuate the two cor-
ners. The wall section within the gable is sur-
IDFHGZLWKÀVKVFDOHVKLQJOHV&XUYHGEUDFNHWV
support the eaves at the corners. A Stick-style
RUQDPHQWDOGHYLFHÀOOVLQWKHXSSHUSDUWRIWKH
gable and is set at the outer edge of the eaves,
its shadows cast against the wall increasing its
three-dimensional effect.

Fig. 6 Scrollsawn ornament in the panels above the
windows in the bay. Anthony Bruce, 2024.

Fig. 8 Street House entrance. Anthony Bruce, 2024.

Fig. 7 The fan-like brackets at the window bay.

Anthony Bruce, 2024.

The entrance is to the left of the bay window;
an inset porch, reached by stairs, leads to the
front door. (Fig. 8) More of the fan ornaments
GHÀQHWKHXSSHUFRUQHUVRIWKHSRUFK7KHHQ-
trance is a double door, each with a window
panel above and wooden panels below. A
transom window above of patterned glass is
framed with bright-colored glass pieces. The
entrance side of the front façade is designed to
resemble a tower. The second story has a sin-
gle tall, narrow window, and supported above
is a narrow roof overhang. Rising above is the
pièce de résistance: the tower top with a high
pyramid-shaped roof. Originally, the wooden
roof shingles were applied in bands of differ-
ent shaped shingles and the bands were paint-
ed alternately light and dark colors. ( Fig. 2) It
LVQRZFRYHUHGZLWKFRPSRVLWLRQURRÀQJ7KH
roof is pierced by dormers on the south and
west sides. The windows are tall and narrow
with the upper sash ending in an angle arch.

The dormers are topped by simple gable roofs.

The visible east side of the house continues the
materials and motifs of the façade. (Fig. 9) To-
ward the rear of the house, a decorative gable
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(the end of a cross gable) rises above an orig-
LQDOSDLURIVHFRQGÁRRUZLQGRZV7KHVHKDYH
since been joined by a small window to the left
of these. A similar window arrangement is on
WKHÀUVWÁRRU$FKLPQH\
RQHRIDWOHDVWWZR

ULVHVRQWKHHDVWVLGHVHUYLQJDÀUHSODFHLQWKH
IURQW SDUORU ,W ZDV VHLVPLFDOO\ UHWURÀWWHG DQG
either rebuilt or the bricks surfaced in stucco.
)RXUGLDPRQGVKDSHGWKUHHGLPHQVLRQDOÁRUDO
pieces (terra cotta? metal?) on the lower part of
the chimney were retained, but the heavy, cor-
beled chimney top (Fig. 2) was removed in the
UHWURÀW
There is a two-story projecting bay on the west
opposite the gable on the east. This bay most
likely corresponds with the placement of the
dining room. The part of the house that is visi-
EOHIURPWKHVWUHHWFRQWDLQVWKHÀUVWÁRRUSXE-
lic rooms. Slightly inset from the west and east
walls is another section almost as large as the
front half. Its roof does not rise as high as the
front and has small windows tucked under the
URRIRYHUKDQJRQWKHVHFRQGÁRRU7KLVLVWKH
Fig. 11 The rear wing of the Street
House and utility porch; western
section of the garden; and front
of the Tull Cottage (partly hidden
behind a camellia). Photo from a
real estate rental listing online.

Fig. 9. The front and east elevation of the Street House Anthony Bruce, 2024.
less-ornamented utilitarian wing that would have contained the original kitchen. At the very back is a one-story enclosed utility porch with a hip roof. (Fig. 11) The Street House was converted to six apartments in 1943. Interior details, such as elaborate PLG9LFWRULDQZLQGRZIUDPHVZDLQVFRWLQJÀUHSODFHVDQGFRORUIXOSDWWHUQHGÀUHSODFHDQGKHDUWK tiles, were retained in the conversion. (Fig. 10)
Fig. 10 Fireplace in former back
parlor. Online rental listing photo.
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7 The two-story Colonial Re-
vival Laura Tull Flats stands
on the eastern half of the prop-
erty, and was assigned the two
addresses of 2425 and 2427
Durant. (Fig, 12 ) It was built
DVWZRIXOOÁRRUÁDWV%HÀWWLQJ
the Colonial Revival style, the
building is boxy in shape and
has a hip roof with hip-roof
dormers. As a Colonial Re-
vival variant, it is sheathed in
wood shingles (painted). The
eaves are broad and a plain
IULH]HDERXWWKHVDPHZLGWKRI
the eaves runs beneath. A sim-
ple molding unites the two ele-
ments. A two story slanted bay
ÀOOVWKHOHIWKDQGSRUWLRQRIWKH
front elevation. The bay ends
EHIRUHLWUHDFKHVWKHIULH]HDQG
it is topped by slightly pitched
roof. A similar two-story bay stands near the
rear of the west elevation.

This Colonial Revival house is almost com-
pletely devoid of Classical ornamentation
except at the two entrance porches. Here the
hip roof over each porch is supported by two
square posts and two squared pilasters against
the wall of then house. These are all designed
DV DEVWUDFWHG &ODVVLFDO FROXPQV ZLWK ÁXWLQJ
built-up bases, and moldings at the top that
are suggestive of capitols. The entrance porch
OHDGLQJWRWKHVHFRQGÁRRULVRQWKHULJKWRI
WKHVWUHHWIDoDGH7KHVWHSVDQGSRUFKÁRRUDUH
brick. (Fig. 14
7KHHQWUDQFHWRWKHPDLQÁRRU
is on the west. The steps are wood. (Fig, 15)
All windows are double-hung sash. Each sto-
ry on the Durant front has a pair of windows
and three windows in the slanted bay. The
frames around windows and doors have mi-
tered corners. This quality detail is carried out
on the interior, lending a graciousness to the
rooms. When the building was converted to
Fig, 12 The Laura Tull Flats, 2425-27 Durant Avenue.

Anthony Bruce, 2024.

Fig. 13 The Tull Flats in 1939. Donogh Real Estate File, Berkeley Architectural Heritage Association.

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8 Fig. 14 The Laura Tull Flats, showing the east side of the building. Anthony Bruce, 2024. eleven apartments in 1944, most of the original
woodwork and doors were retained, including
WKH ´WLJHU PDSOHµ ÀUHSODFH PDQWHO WKDW 2OLYH
Maddock proudly showed her tenants when
they arrived at her door to pay rent. (Fig. 16)
Fig. 15 The west side of the Tull Flats, showing
HQWUDQFHWRWKHÀUVWÁRRUDQGWKHIURQWDQGVLGHED\V Anthony Bruce, 2024.
)LJ7KH´WLJHUPDSOHµPDQWHOLQWKHIRUPHUÀUVW
ÁRRUÁDWRIWKH7XOO)ODWV)URPDQRQOLQHUHQWDOVLWH The third and newest residential building on
the property is the Laura Tull Cottage at 2423
Durant Avenue, built in 1906. The two-story
dwelling sits at the northwest corner of the
property behind the Street House. It is not vis-
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9 Fig. 15 Sleeping porch room at the west end of the sec- RQGÁRRURIWKH7XOO&RWWDJH)URPDQRQOLQHUHQWDOVLWH Fig. 16 Main entrance to the Tull Cottage.

From an inline rental site.
ible from the street. Photos showing only part
of the structure can be found on online real es-
tate listings. It appears to be a simple, shingled
Craftsman-style dwelling with a gable roof
running the length of the house. There is a pos-
sible sleeping porch at the west end that may
have a hip roof, judging from an interior photo.

The windows are mostly double-hung sash
with similar mitered frames to those on the Tull
Flats (did the same contractor build both?).
7KHZLQGRZIUDPHVKDYHDQDGGLWLRQDOÁDUHG
molding at the top, most often associated with
Colonial Revival buildings. Windows in the
sleeping porch are single-pane and almost
square. Entrance doors feature a vertical light
with a substantial sill-like molding beneath the
JODVV7KHIURQWSRUFKLVHQWHUHGE\DÁLJKWRI
wooden steps at the right. A bulkhead wraps
around the other two sides, and two square
posts, with moldings at top and bottom, sup-
port a simple roof. Two angled braces, jutting
from the side of the house, also act as supports.

The Tull Cottage was converted to upstairs and
GRZQVWDLUVÁDWVLQ
$QH[SRVHGZRRGHQ
stairway on the east side of the building leads
WRWKHHQWUDQFHWRWKHXSVWDLUVÁDW
$'X-
rant Avenue). The interior features Colonial
Revival style door and window trim, and an
unpainted wood sleeping porch room with ex-
posed rafters.

There is a fourth structure on the property—a
one-story shed of wood-frame construction—
at the northeast corner. As is the case with the
cottage, the shed is not visible from the street.

Sanborn maps and an aerial view online show
it as a long, gable-roofed structure, with a
north-south orientation. The shed was stand-
ing as early as 1911, and was most likely built
before 1909. It is located in the spot where the
two-story carriage house once stood.

The structures on the Tull Property are metic-
ulously maintained, both inside and outside.

Viewed from the street, the buildings are en-
KDQFHGE\ÁRZHUEHGVVKUXEVDQGPDQLFXUHG
lawns. The landscaping in the rear includes
ODZQVKUXEVODUJHFDPHOOLDVIHUQVÁRZHULQJ
plants, and a live oak, which stands between
the back of the Street House and the front
of the Tull Cottage. Old-fashioned concrete
walkways wend their way through the proper-
ty connecting the structures. As evidenced by
photographs taken of the property through the
years, a garden setting has been an important
feature of the property to the various owners.

Fig. 16. The Shed at the northeast corner of the Tull
Property, partialy hidden by shrubbery. From an on-
line rental site.

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10 Fig. 17 The Laura Tull Property. Photo from an online rental site.

Features to Be Preserved
The structures that comprise the Tull Property have been maintained in excellent condition over the last 137 years, and the buildings retain most of their original features, which are each essential WRWKHZKROH7KHUHIRUHPRVWRIWKHIHDWXUHVRIWKH7XOO3URSHUW\DUHVLJQLÀFDQWLQFOXGLQJEXWQRW limited to:
• the original windows, framing, and sills
• the siding
• the roof types
• the dormers on the Tull Flats
• the bay windows
• the ornament on the Street House
• the stained glass window in the Street House
• the ornament on the Street House
• the pillars on the Tull Flats
• the tower on the Street House
• the front doors on all three houses
• the concrete garden walkways

15. History
Beaver Tract Block No. 1.

San Francisco capitalist George W. Beaver
owned block eleven of the College Homestead
Association Tract, subdivided in 1866 by the
trustees of the College of California. This was
%HUNHOH\·V ÀUVW VXEGLYLVLRQ FUHDWHG WR UDLVH
funds to support the construction of the college
campus. In 1884, Beaver re-subdivided the
northern half of his property bounded by Dana,
Bancroft, Telegraph, and Durant, as the Beaver
Tract Block No. 1. Acting as his agent, Berke-
OH\SLRQHHU-DPHV/%DUNHUÀOHGWKHVXEGLYL-
sion map with the county.
7KH ÀUVW KRXVH EXLOW
VROG LPHGLDWHO\ WR 0DW-
thew Gilbert Upton, editor of the San Francis-
co Bulletin, and is no longer extant) in the new
Beaver Tract stood at 2419 Durant Avenue.

It was built in 1884 by the Berkeley Village
Improvement Association, owned by James L.

Barker who was instrumental in the develop-
ment of Berkeley. James L. Barker was a San
Francisco businessman when, in 1867, he in-
YHVWHGKLVSURÀWVLQDODUJHWUDFWRIODQGZHVW
of Shattuck Avenue that he purchased from
Francis Kittredge Shattuck. He induced the
&HQWUDO 3DFLÀF 5DLOZD\ WR EXLOG D VSXU OLQH
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11 into downtown Berkeley in 1876; he helped
IRXQG %HUNHOH\·V ÀUVW QHZVSDSHU WKHAdvo-
cate, in 1877. And the following year he was
signer of Berkeley’s incorporation papers and
delivered them to Sacramento. In 1877 he built
his own large Italianate residence on his land,
facing Dwight Way (demolished by Herrick
Hospital in 1976). He opened his real estate
development company at Shattuck and Dwight
Way in 1880 (“Plans furnished and houses built
for cash or on installment.”). Barker’s compa-
ny built many houses in his own tract and else-
where in Berkeley. Both his Barker Block and
India Block are City of Berkeley Landmarks.

The second house to be built in the subdivision
was the residence of Mrs. Martha L. Crow, built
in 1885. It stood at Durant and Dana.

The Street House (2421 Durant Avenue).

The third house to be built in the Beaver Tract
still stands at 2421 Durant Avenue. It is the
picture-perfect Stick-Eastlake style Cyrus
Street House, and is one of the few houses in
Berkeley remaining from the 1880s. Prominent
Fig. 18 The Upton and Street houses seen standing to-
gether, facing Durant Avenue on Block 1 of the Beaver
Tract. To the right is the Congregational Church (Clin- ton Day, architect, 1883) at Durant and Dana.

Louis L. Stein Collection, Berkeley Historical Society.

Berkeley contractor Carlos R. Lord began con-
struction of the house in the summer of 1886.

It was built by James L. Barker’s Berkeley Vil-
ODJH,PSURYHPHQW$VVRFLDWLRQ,WLVGLIÀFXOWWR
determine whether the Upton and Street houses
were built as speculative ventures (both seem
too grand for “spec” houses), or whether the
clients commissioned the houses through Bark-
er’s company. (Fig. 18)
7KHÀUVWUHVLGHQWVRI'XUDQWQHYHURZQHG
the house, but continued to lease the property
from the Berkeley Village Improvement As-
sociation. By at least October of 1887, Cyrus
Holiday Street (1844–1913), his wife, and their
four sons were in residence in the new house,
if they had not, in fact, moved in upon comple-
tion of the house.

A few years after the house was built, it was
sold to Reuben Rickard, a successful mining
engineer and a well-known Berkeleyan at the
time. The Rickard family lived in a gracious
Italianate house set in a large garden at Ban-
croft and College. Reuben Rickard was Presi-
dent of the Berkeley Board of Trustees twice in
the 1890s. He died in 1896 on a mining busi-
ness trip to Australia. Although his descendants
continued to own the house on Durant until
1904, they did not reside in it.

Fig. 19 Cyrus Holiday Street with his four sons and a
grandson. Photo found online.

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Cyrus Street ( Fig. 19) was considered a lead-
er in the advancement of California, and was
an ardent promoter of world peace. He and his
wife Ann were natives of Iowa who came to
California in 1874. Cyrus’ main occupation
was always real estate, in San Francisco and
later as secretary of the Berkeley Improvement
Company on Center Street, however in 1881
KH KHOSHG RUJDQL]H WKH ,PPLJUDWLRQ $VVRFLD-
tion of California, which brought over 200,000
settlers from around the country to California.

He was a co-founder of The Argonaut, a lead-
LQJ &DOLIRUQLD OLWHUDU\ DQG SROLWLFDO PDJD]LQH
which was published until 1956. Later in life,
Cyrus Street worked for world peace. He was
HGLWRURIWKHPDJD]LQHThe United Nations, and
was one of the founders (and vice-president) in

RI WKH 2UJDQL]DWLRQ RI WKH ,QWHUQDWLRQDO
Association of the Friends of Peace.

Tragedy struck within a few months of the
family’s move to the Durant house: Ann Honn
Street died in November of 1887. The Street
boys were not without a mother for long, as
their father married Mary Samantha Honn,
Ann’s sister, the following year. The Street
family lived in the Durant House until about
1895. While there, Cyrus worked in real es-
tate in San Francisco and was secretary of the
Berkeley Improvement Company.
$IWHUUHVLGLQJLQ6DQ)UDQFLVFRIRUDERXWÀYH
years, the Streets were back in Berkeley, this
time in another rented house at 1517 Shattuck
Avenue. In this home, Cyrus Street died in
1913 and Mary died in 1917. This is the same

KRXVHWKDWZDVODWHUUHPRGHOHGLQWR&KH]
Panisse.

Meanwhile on Durant Avenue, the former Street
home was sold in August 1904 to Mrs. Lau-
ra Yetter Tull, whose husband Lewis Reuben
Tull had died the year before. The Tulls lived
in Napa where Lewis was the proprietor of a
produce market. They most likely had moved
to Berkeley in 1900 so their daughter Henriet-
ta Marilla could attend the University (she was
The Tull Flats (2425 and 2427 Durant) and
Tull Cottage (2423 Durant).

The following year (1905), Mrs. Tull com-
missioned architect William Wharff to design
a large brown-shingle house (2425 and 2427
'XUDQW
FRQVLVWLQJ RI WZR ÁDWV RQ ZKDW KDG
been the garden and driveway of 2421 Durant.
6KHPRYHGLQWRWKHXSSHUÁDWDQGKHUGDXJK-
WHUPRYHGLQWRWKHORZHUÁDWDIWHUWKHEXLOGLQJ
was completed that fall. The next year (1906),
Mrs. Tull built a two-story cottage at the back
of the property (2423 Durant). This seems to
have been intended as the home for mother and
daughter.

In 1910, Henrietta married Dr. Walter Pike
Austin, a University of California graduate, in
a ceremony at her mother’s home, with near-
ly 100 friends and relatives in attendance. The
couple settled in Salinas, where Walter prac-
ticed dentistry.

A year before her death in 1926, Laura Tull
converted the rear cottage, at 2423 Durant, into
a duplex. Henrietta inherited the property on
Durant, and moved there after her husband died
LQ
OLYLQJLQWKHORZHURIWKHUHDUÁDWV,Q
the fall of 1943, Henrietta Austin converted
the Street House (which had remained until
then a single-family residence) into six apart-
ments through a federal government Home
Owner’s Loan Corporation loan, likely for
government-approved wartime housing. The
following year, through the loan, Mrs. Austin
Class of 1906). ( Fig.
20) As was common for
widowed women, Lau-
ra Tull invested in real
estate and moved from
the family’s apartment
at 2320 Bancroft to the
commodious house at
2421 Durant.

Fig. 20 Henrietta
Marilla Tull Austin.
1906 Blue and Gold.
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13 was Loy Chamberlain, who was from an old
Berkeley musical family and had grown up a
few blocks away on Ellsworth Street.

Post-War Years Under Olive Maddock.

The next chapter of the property began after the
end of WWII when Miss Olive G. Maddock
moved from the state of Washington to Berke-
OH\ DQG LQWR WKH ORZHU ÁDW RI WKH UHDU FRWWDJH which Henrietta had vacated in favor of one
of the new apartments at 2425 Durant. Olive
Maddock was a secretary at various compa-
nies, eventually working as Executive Secre-
tary at the Head-Royce School. (Fig, 21) A year
after Henrietta Austin’s death in 1972, Miss
Maddock became the next owner of the entire
SURSHUW\DQGPRYHGLQWRWKHPDQDJHU·VÁDWDW
2425 Durant. Perhaps her eventual ownership
was arranged with Henrietta. They would have
known each other for thirty years, and perhaps
Henrietta considered that Olive would be a
careful custodian of the property. She later told
of free speech activist Mario Savio having been
a tenant. Miss Maddock died in 1998.

Restoration.

In 2000, Jason Wallace, the then-owner of the
property, received an honor from the Berkeley
Architectural Heritage Association (BAHA). A
IHZ\HDUVHDUOLHULQ

DWKUHHDODUPÀUHKDG
caused over $100,000 worth of damage to the
Street House. Wallace’s subsequent restoration
ZDVUHFRJQL]HGZLWKD3UHVHUYDWLRQ $ZDUGIURP
BAHA along with this citation, “The house was
built in 1886 on speculation and is one of the
few surviving Stick style houses with a tower
in Berkeley. It stands between Telegraph and
Dana, a block that has seen much more demoli-
tion than preservation, and was featured on the
cover of BAHA’s 1990 calendar ‘Proud Survi-
YRUV·,WZDVGDPDJHGE\ÀUHDQGKDVQRZEHHQ
returned to its former glory.”
Present Day.

Fast forward to August 13, 2024 when SF YIM-
BY published a story about a planned 20-story
apartment building designed by “Yes Duffy”
an “activist-architect” for this site on Durant
Avenue. The article states, “Three existing res-
idential buildings owned by 2425 Durant Ave.,
LLC, will need to be demolished. Rhoades
Planning Group, a prominent Berkeley-based
ODQG XVH FRQVXOWDQF\ ÀUP LV UHVSRQVLEOH IRU
the application.” The article is, indeed, refer-
ring to the Street House and the two buildings
built by Laura Tull, although the YIMBY writer
seems to think they were all built in 1925! What
a pronouncement, especially after the property
has received such loving care for the past 137
years!
made eleven apartments
in what had been two
ÁDWVDW'XUDQW$F-
cording to one student
tenant who resided in
the house in the 1980s,
the house at 2425 “was
cut up into apartments to
house Berkeley scientists
during World War II, who
may have helped work
on the A-bomb.” The ar-
chitect for the conversion
Fig. 21 Olive G.
0DGGRFNÀIWKRZQHU
of the property. Pho-
to found online.

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6LJQLÀFDQFH
7KH/DXUD7XOO3URSHUW\ZKLFKLVVLJQLÀFDQWDV
a residential enclave and peaceful green oasis
situated only three doors from busy commer-
cial Telegraph Avenue, meets several of the
criteria for designation as a City of Berkeley
Landmark.

Educational Value. The Laura Tull Property is
DQ LQVWUXFWLYH UHÁHFWLRQ RI WKH FKDQJHV LQ WKH
Beaver Tract and along Telegraph Avenue be-
tween the time the Street House was built in
DQGZKHQWKHÁDWVDQGFRWWDJHZHUHEXLOW
The area had been a neighborhood of mostly
single-family homes, and Telegraph, itself, was
residential. This began to change with the con-
struction of the Marshall Block at Telegraph
and Bancroft in 1904, at the northeast corner
RI WKH %HDYHU 7UDFW 7KH ÀOOLQJ LQ RI WKH 7XOO 3URSHUW\ZLWKÀUVWWKHÁDWVLQ
DQGWKHQ
WKHFRWWDJHLQ
UHÁHFWVWKHHPHUJLQJXUEDQ
character of the area south of the campus at that
time. The structures on the property have not
changed in exterior appearance since 1906 and
have been continuously maintained. The Tull
Property remains today as an intact piece of
Berkeley’s urban history.

The Cyrus Street House is one of only three in-
tact single-family residences on the north side
of Durant Avenue between Milvia and College.

All three survivors were built during the early
years of the South Campus neighborhood when
Durant Avenue was a street of family homes.

The others are the Cornelius Beach Bradley
House (Edgar A. Mathews, 1897), 2639 Durant
Avenue (City of Berkeley Landmark); and the
Marshall Albee House (c. 1902), at 2415 Du-
rant Avenue.

Architectural Merit. The Street House is sig-
QLÀFDQWIRUEHLQJRQHRIWKHIHZ%HUNHOH\KRXV-
es remaining from the 1880s, as well as one of
the few remaining houses that was designed
in the Stick-Eastlake style. Many of the 1880s
houses were built in the area south of the Uni-
versity campus and have not survived the tre-
mendous changes in this section of town in the
20th Century. Even in the 21st Century these
early houses are not safe from destruction. For
example, the University tore down the Warren
Cheney House (1885) for a temporary parking
lot in 2010.

The house is an excellent local example of a
Stick-Eastlake style residence. Its distinctive
tower gives verve to the design and promi-
nence to the house.

Cultural Value. The Street House is also sig-
QLÀFDQWIRULWVFRQQHFWLRQWRLPSRUWDQW%HUNHOH\
ÀJXUHV&\UXV+ROLGD\6WUHHWWKHÀUVWUHVLGHQW
was a leader in the world peace movement;
Reuben Rickard, second owner of the property,
was a mayor of Berkeley; Mario Savio, a lat-
er resident of one of the Tull Property houses,
was important in the Free Speech movement
at the University of California in 1964; and
Berkeley pioneer James L. Barker, the build-
HURIWKH6WUHHW+RXVHDUHDOOÀJXUHVRISURPL-
nence. The Street House is a rare documented
example of the type of house built by Barker’s
real estate company, the Berkeley Village Im-
provement Association. James L. Barker was a
civic-minded businessman who did much for
Berkeley. Two of his commercial buildings are
City of Berkeley Landmarks.

Fig. 22 The Michael Curtis House, 1505 Hopkins, built
by Lord & Boynton in 1888 (demolished). O.V . Lange
photo, Beautiful Berkeley, 1889.
1413
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7KH 6WUHHW +RXVH LV DOVR VLJQLÀFDQW DV SRVVL-
bly being the work of Berkeley architect Ira
A. Boynton. The construction notices that ap-
peared in the Berkeley Advocate rarely includ-
ed the name of the architect or designer, and the
notices for the construction of the Street House
were no exception. It is fortunate that the name
of the contractor, Carlos Lord, was mentioned.

According to the Advocate 0U %DUNHU·V ÀUVW
house in the Beaver Tract, the Upton House of
1884 next door, was built by “Mr. Boynton.”
A few years later Ira Boynton and Carlos Lord
formed the contracting partnership of Lord &
Boynton, and as such were the builders of the
Michael Curtis House on Hopkins Street in Per-
alta Park in 1888 ( Fig. 22). The Curtis House
is almost identical to the Street House, and
with Boynton’s previous connection to Bark-
er, it suggests that Boynton may have been the
designer of the Street House. Ira A. Boynton’s
Brackenridge, Luttrell, and Payson houses are
all City of Berkeley Landmarks.

The Laura Tull Property on Durant Avenue,
and the buildings thereon, give interest and his-
torical texture to this Southside urban street-
scape. The Laura Tull Property is very much
worthy of landmark designation and preserva-
tion.

17. Historic Value— City: Yes Neighborhood: Yes
Architectural Value— City: Yes Neighborhood: Yes

18. Is the property endangered? Yes! There was a proposal to demolish the Laura Tull Proper- ty published in the August 13, 2024 edition of SF YIMBY.

19. Bibliography:

Berkeley Advocate, July 24, 1886; August 14, 1886; January 1, 1887 Berkeley assessment records. The Bancroft Library.

Berkeley and Oakland directories. Berkeley Architectural Heritage Association, Ancestry.com.

Berkeley Gazette, “Berkeley’s Architectural Heritage” by Anthony Bruce, February 9, 1976.

Berkeley Reporter, September 4, 1906
Berkeley Voice, “The Way it Was: Images of Berkeley’s Architectural Heritage” by Susan Stern Cerny, February 22, 1990.

Block books. Berkeley Architectural Heritage Association.

Block Files. Berkeley Architectural Heritage Association.

City of Berkeley Building Permit Applications, 1905, 1913, 1924, 1943, 1944, 1946.

Edwards Transcript of Records for Alameda County, April 24, 1905, contract notice; August 25, 1905 & September 30, 1905, completion notices..

Napa Weekly Journal, “Wedding Bells: Miss Tull and Dr. Walter Austin Married Friday Night,” May 13, 1910.

Oakland Tribune, September 2, 1884; July 16, 1885; July 20, 1886, August 8, 1904.

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Oakland Tribune,´)ULHQGVRI3HDFH2UJDQL]HG+HUHµ6HSWHPEHU
Oakland Tribune,´)LUH7UDLQLQJ3D\V2IIDV%OD]H6FDWWHUV5LW]+RWHO5HVLGHQWVµE\%HQ&KDUQ\ 'HFHPEHU

>LQFOXGHVQRWLFHRI6WUHHW+RXVHÀUH@
Ormsby Donogh Real Estate File. Berkeley Architectural Heritage Association.

San Francisco Call & Post, “Advocate of Peace Among Nations Dies,” July 22, 1913.

Sanborn Fire Insurance Maps, 1894, 1903, 1911, 1929, 1950. Berkeley Architectural Heritage Association.

SF YIMBY, “Pre-Application Revealed for 20-Story Apartments in Southside, Berkeley” by An- drew Nelson, August 13, 2024.
7UDFWVPDSV$ODPHGD&RXQW\$VVHVVRU·V2IÀFH
U.S. Census and California V oter Registration records. Ancestry.com.

20. Recorder: Anthony Bruce for the Berkeley Architectural Heritage Association, P.O. Box 1137, Berkeley, California 94701
[email protected]; 510-841-2242

21. Date: October-November 2024
15 “The Berkeley Building and Improvement As-
sociation [sic] is preparing plans for a modern
dwelling which will be built on the Beaver
tract, near the Congregational church. It will
cost about $3,500.”
Berkeley Advocate, July 24, 1886
“C. R. Lord has taken the contract to build a
house for Mr. J. L. Barker on Durant avenue,
near the Congregational Church. It will cost
about $3,500, and from the plans, we judge it
will be one of the handsomest in that already
beautiful neighborhood.”
Berkeley Advocate, August 14, 1886

22. Addenda:
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Fig. 23 “1—10-room, 2 story house, Beaver tract on Durant avenue, J. L. Barker, C. R. Lord, contractor $4000.” The Street House was included in a year-end list of all houses built in Berkeley in 1886. “Berkeley Improvements,” Berkeley Advocate, January 1, 1887.. 17 ITEM #10, ATTACHMENT 2
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Fig. 24 City of Berkeley Building Permit Application No. 377, April 29, 1905. 18 ITEM #10, ATTACHMENT 2
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Fig. 25 “Mrs. L. Full [sic]. cottage, Durant ave., $1620.” Mrs. Laura Tull’ s cottage, included in the list of Berkeley building contracts for August 1906. “Astonishing Activity in Local Building Market Makes Total of Contracts Let in August Exceed June’ s Record Run,” Berkeley Reporter, September 4, 1906. 19 ITEM #10, ATTACHMENT 2
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Figs. 26, 27, 28, 29 Four photographs of the Cyrus Street +RXVH WDNHQ E\ :LQÀHOG 6FRWW :HOOLQJWRQ LQ -XQH
Wellington was a professor in the Decorative Arts Depart- ment at the University of California, as well as a practicing architect and furniture designer. In 1962 he photographed Victorian houses in the East Bay that he felt noteworthy. :LQÀHOG6FRWW:HOOLQJWRQ&ROOHFWLRQ%HUNHOH\$UFKLWHFWXU- al Heritage Association
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21 Fig. 30 Article by Anthony
Bruce on James L. Barker from
the %HUNHOH\ 'DLO\ *D]HWWH,
February 9, 1976.

Fig. 31 Article by Susan (Dinkelspiel) Stern Cerny fea- turing the Cyrus Street House from the Berkeley V oice, February 22, 1990.

Fig. 32. Notice of James L. Barker’ s company pur-
chaing from George W. Beaver the lot on Durant on
which was built the Street House. Oakland Tribune,
July 15, 1885.

Fig. 33. Notice of James L. Barker’ s company planing
the Street House. Oakland Tribune, July 20, 1886.

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22 Fig. 34 The BAHA cal-
endar for 1990, show-
ing the Cyrus Street
House on the cover.

Fig. 35 History of the College Homestead Association Tract from the BAHA calendar for 1990.

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Attachment 4

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
LPC APPEAL: 2425 DURANT AVENUE, LANDMARK APPLICATION LMIN2024-0008 The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that on WEDNESDAY, JULY 23, 2025 at 6:00 P.M. a public hearing will be conducted to consider an appeal against a decision by the Landmarks Preservation Commission for Landmark Application #LMIN2024-0008 to designate the subject property located at 2425 Durant Avenue as a City Landmark.

The hearing will be held on, July 23, 2025 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Robert Rivera, Senior Planner at (510) 981-7480 A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of July 14, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council 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 the City Council, 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 City Clerk. 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 City Clerk at (510) 981-6900 or [email protected] for further information. __________________________________
Mark Numainville, City Clerk
Mailed by: July 9, 2025
Noticed Pursuant to: Berkeley Municipal Code Section 23.404.040(B), Public Hearing Notice NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6, no lawsuit challenging a City decision to deny or approve a Board or Commission decision may be

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Attachment 4
filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Board or Commission decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

If you challenge the above 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 City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available by request from the City Clerk Department and posted on the City of Berkeley webpage prior to the public hearing.

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Administrative Record
This attachment is on file and available for review at
the City Clerk Department, or can be accessed from
the City Council Website. Copies of the attachment
are available upon request.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:

The City of Berkeley’s Website
http://www.berkeleyca.gov
Attachment

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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: https://berkeleyca.gov/

SUMMARY
On February 6, 2025, the LPC approved Landmark Designation Application #LMIN2024-0006, designating the property at 2138 Kittredge Street as a City Landmark. The designation was based on findings that the property meets criteria related to architectural merit, cultural value, and historical significance.

On March 24, 2025, StudioOne QOZB LLC, the applicant for a pending Use Permit on the same property (#ZP2024-0114) which was submitted pursuant to Senate Bill 330 (the Housing Crisis Act of 2019), filed an appeal of the LPC’s decision. The appellant contends that landmark designation of the subject property would conflict with the provisions of SB 330 and adversely impact the proposed housing development project.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
On February 14, 2024 the City received a Preliminary Use Permit (PLN2024-0011) application pursuant to SB330.

On April 4, 2024 the Preliminary Use Permit (PLN2024-0011) was deemed complete and vested to that date.

On August 6, 2024, the appellant submitted a Use Permit application pursuant to SB 330.

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LPC Appeal: 2138 Kittredge Street, Landmark Application LMIN2024-0006 PUBLIC HEARING July 23, 2025

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On September 5, 2024, the Use Permit application (#ZP2024-0114) was deemed complete.

On October 30, 2024, the City received a Landmark or Structure of Merit application for the subject property and initiated consideration of the property for the designation.

In December 2024, staff prepared notices for a public hearing scheduled for the LPC meeting of January 6, 2025. However, due to concerns raised by interested parties, the item was pulled from the agenda.

On January 27, 2025, the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations.

On February 6, 2025, the LPC held a public hearing on the landmark designation application and received public comment. Following deliberations, the LPC unanimously approved the designation by a vote of 8-0-0-0 vote (Moved: Schwartz, Second: Orbuch, Ayes: Crandall, Enchill, Finacom, Leuschner, Montgomery, Orbuch, Plese and Schwartz, Noes: None; Abstain: None; Absent: None). See Attachment 3 for the LPC staff report.

On March 24, 2025, StudioOne QOZB LLC filed an appeal of the LPC’s decision.

BACKGROUND
Landmarks Designation
The subject property is a 6,750-square-foot lot located on the south side of Kittredge Street, between Shattuck Avenue and Fulton Street. It is located in the C-DMU (Downtown Mixed-Use) Outer Core Zoning District (Figure 1) and contains two structures: a two-story residence and a detached carport (Image 1 and Image 2).

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LPC Appeal: 2138 Kittredge Street, Landmark Application LMIN2024-0006 PUBLIC HEARING July 23, 2025

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Figure 1. Zoning
The primary structure, historically known as the Fitzpatrick House and later as the Pepper Tree Tea Room, is situated near the northwest corner of the lot, with its north- facing façade built directly along the northern property line. The one-story carport is located at the rear of the site, occupying the southwest corner and spanning the full width of the rear property line. Vehicle access is provided by a gated driveway at the northwest corner of the parcel, running along the eastern side of the residence.

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LPC Appeal: 2138 Kittredge Street, Landmark Application LMIN2024-0006 PUBLIC HEARING July 23, 2025

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Image 1. Street View
Image 2. Driveway/Carport View

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LPC Appeal: 2138 Kittredge Street, Landmark Application LMIN2024-0006 PUBLIC HEARING July 23, 2025

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The subject property is not listed on the National Register of Historic Places (NR) or the California Register of Historical Resources (CR), but it was recorded for the State Historic Resources Inventory in 1978 and recommended eligible for the NR. It is also listed on the Berkeley Urban Conservation Survey (form #21280).

In 2015, the City completed the Shattuck Avenue Commercial Corridor Historic Context and Survey, which identified a potential Shattuck Avenue Commercial Corridor Historic District. The subject property was assigned a California Historical Resource Status Code (CHRSC) of 3S, signifying it as locally significant and a contributor to the proposed district under Criterion A/1 of the NR/CR, with a period of significance spanning 1904–1958. While the district has not been formally established, it has been identified through a State Historic Preservation Officer (SHPO) compliant evaluation and survey. Therefore, both the potential district and the subject building qualify as cultural resources pursuant to CEQA Guidelines Section 15064.5(a).

Several City Landmarks and Structures of Merit are located nearby, including the A.H.

Broad House and Storefront at 2117 Kittredge Street, California Theater at 2115 Kittredge Street, Brooks Apartment Building at 2231 Shattuck Avenue, Tupper and Reed Building at 2271 Shattuck Avenue, Hezlett’s Silk Store Building at 2277 Shattuck Avenue, Odd Fellows Temple at 2288 Fulton Street, Masonic Temple at 2105 Bancroft Way, and Edwards Stadium at 2594 Hearst Avenue.

Senate Bill 330 (Housing Crisis Act of 2019) Vesting Rights SB 330, also known as “The Housing Crisis Act of 2019,” provides a sponsor of a housing development project a pathway to preserve planning and zoning rights from the date of application filing. This allows the project to vest under laws in place when the application is filed and limits the number of public meetings about the project application to five. An SB 330 Preliminary Use Permit application was submitted on February 14, 2024, and the pre-application was deemed complete on April 4, 2024 (#ZP2024-0114).

Any subsequent changes to zoning or other local regulations, including discretionary decisions such as a local landmark designation, are not applicable to the housing development project.

RATIONALE FOR RECOMMENDATION
The main issue raised in the appellant’s letter (Attachment 2) and staff’s response are detailed below. For the sake of brevity, all the appeal issues are not re-stated in their entirety.

Summary of Main Issue: The appellant claims that the designation of the property as a historic site is prohibited by SB 330 and the HAA due to rights vested by the complete housing development project application, and that it places an undue burden, putting the project at risk.

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LPC Appeal: 2138 Kittredge Street, Landmark Application LMIN2024-0006 PUBLIC HEARING July 23, 2025

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Response: Under State law, once a preliminary application for a housing development project is submitted and deemed complete, it is protected from the application of new policies or standards, including historic designations. Government Code Section 65913.10(a) (SB 330) requires that a city determine whether a project site is a historic site at the time the application is deemed complete, and that determination remains valid for the duration of the project review. Similarly, Government Code Section 65589.5(o)(1) (HAA) provides that housing projects are subject only to the ordinances, policies, and standards that were in effect at the time a preliminary application was submitted.

In this case, the preliminary application was deemed completed on April 4, 2024 and the full application was deemed complete on September 5, 2024. The Landmarks Preservation Commission designated the site as a historic landmark on February 6, 2025, which occurred after the vested rights had been established. Accordingly, Staff recommends reversing the designation because it cannot be applied to the proposed project under State law. As a result, the designation would have no practical effect in this instance.

ALTERNATIVE ACTIONS CONSIDERED
Pursuant to BMC Section 3.24.300(E), the Council may (1) continue the public hearing, (2) affirm, or modify the LPC’s decision, or (3) remand the matter to the LPC.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The reversal of 2138 Kittredge Street as a City Landmark designation, LMIN2024-0006, would not have a significant effect on the environment, and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Anne Hersch, Land Use Planning Manager, (510) 981-7411
Robert Rivera, Senior Planner, (510) 981-7480
Attachments:
1: Draft Resolution
2: LPC Decision Appeal Letter, received March 24, 2025
3: LPC Packet (Staff Report and attachments), dated February 6, 2025 4: Public Hearing Notice
5: Index to Administrative Record
6: Administrative Record

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RESOLUTION NO. ##,###-N.S.

UPHOLD THE APPEAL AND REVERSE THE LANDMARK PRESERVATION COMMISSION DECISION TO DESIGNATE THE SUBJECT PROPERTY AT 2138

KITTREDGE STREET, THE FITZPATRICK HOUSE AND PEPPER TREE ROOM, AS A

CITY LANDMARK
WHEREAS, on February 14, 2024, the City received a Preliminary Use Permit (PLN2024- 0011) application pursuant to SB330; and
WHEREAS, On April 4, 2024, the Preliminary Use Permit (PLN2024-0011) was deemed complete; and
WHEREAS, on October 30, 2024, residents of the City of Berkeley (“applicant”) submitted a Landmark or Structure of Merit application (LMIN2024-0006) to designate the property at 2138 Kittredge Street as a City Landmark; and
WHEREAS, on January 27, 2025, the City mailed public hearing notices to all adjacent property owners and occupants within 300 feet of the subject property, and to interested neighborhood organizations; and
WHEREAS, on February 6, 2025, the Landmark Preservation Commission (LPC) conducted a public hearing for the Landmark or Structure of Merit application (LMIN2024- 0006). After considering the staff report, the administrative record, and hearing comments from staff, the applicant, and the members of the public, the LPC approved the project by a vote of 8-0-0-0; and
WHEREAS, on March 24, 2025, representatives of StudioOne QOZB (“appellants”) submitted an appeal of the LPC decision to the City Clerk; and WHEREAS, on or before July 9, 2025, staff posted the public hearing notice at the site and three nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley hereby reverses the decision made by LPC to approve a Landmark or Structure of Merit application #LMIN2024-0006.

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ATTACHMENT 2

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PLANNING AND DEVELOPMENT DEPARTMENT

LAND USE PLANNING DIVISION
** I NDICATES THAT THE LANDMARKS PRESERVATION COMMISSION RECEIVED DOCUMENTS (NOTICES OF DECISION, STAFF

REPORTS, APPLICATION MATERIALS OR CORRESPONDENCE) AS PART OF THE PACKET THAT WAS DELIVERED PRIOR TO THIS MEETING.

LANDMARKS PRESERVATION COMMISSION

MEETING AGENDA
Date: Thursday, Feburary 6, 2025
Time: 6:30PM
Pl
ace: 1901 Hearst Avenue, Nort
h Berkeley Senior Center
The Landmarks Preservation Commission meeting packet is available for review on the City’s website, and linked here:
https://berkeleyca.gov/your-government/boards-commissions/landmarks-preservation-commission The Commission curr
ently consists of seven members appointed by City Council:

Kathleen Crandall, District 3
Charles Enchill, District 1
Steve Finacom, District 4
Luke Leuschner, District 7
Denise Montgomery, Chairperson, District 8
Susan Orbuch, District 5
Alyssa Plese, District 2
Paul Schwartz, District 6
Mayor - vacant

ACCESSIBILITY INFORMATION / ADA DISCLAIMER
This material is available in alternative formats upon request. Alternative formats include audio - format, braille, large print, electronic text, etc. To request alternative formats, please contact the Disability Services Specialist at: Email: [email protected]; Phone: 1-510-981-6418; TTY: 1- 510-981-6347, and allow 7-10 days for production of the material in an alternative format.

This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services Specialist at: Email: [email protected]; Phone: 1-510-981- 6418; TTY: 1-510-981-6347, at least three business days before the meeting date. Please refrain from wearing scented products to this meeting.

For inclusion in the Commissioners’ agenda packet, please submit written comments by Wednesday the week prior to the meeting. One set of “late communications” will be distributed to the Commissioners two days before the meeting. Please submit any material for distribution as “late communications” no later than 12:00 noon o n the Tuesday prior to
the meeting. Please be advised: Commissioners do not have an opportunity to read written materials handed out at the meeting.

ATTACHMENT 3

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Landmarks Preservation Commission AGENDA
Feburary 6, 2025 PAGE 2

Correspondence and Notice of Decision Requests
• To distribute correspondence for inclusion in the agenda packet -- submit comments by 12:00 noon, January 29, 2025. Please provide 12 copies of any correspondence with more than ten (10) pages or if in color or photographic format. This method is strongly preferred.
• Late Communications mus t be submitted by 12:00
noon, February 4, 2025. Any
correspondence received after this deadline will be given to Commission members on the meeting date just prior to the meeting. Correspondence received later, and after the meeting, will be posted to the website following the meeting. • Staff will not deliver to Commission members any additional written (or e-mail) materials received after 12:00 noon on the day of the meeting.
• Members of the public may submit written comments themselves at the meeting. To distribute correspondence at the meeting, please provide 12 copies and submit to the Landmarks Preservation Commission Secretary. Please be advised: You are strongly advised to submit written comments prior to the meeting date as Commission members do not have an opportunity to read written materials handed out at the meeting.
• Written comments or request for a Notice of Decision should be directed to the Landmarks Preservation Commission Secretary.

Communications to Berkeley Boards, Commissions or Committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City Board, Commission or Committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the Secretary of the relevant Board, Commission or Committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the Secretary to the relevant board, Commission or Committee for further information.

Contact:

Fatema Crane, Landmarks Preservation Commission Secretary (510) 981-7410 | [email protected] | 1947 Center Street, Berkeley CA 94704

Request for initiation of Landmark designation on a future agenda lies within the range of action to be considered on each structure or property appearing at any place on the agenda.

Consent Calendar: Th e Consent Calendar allows the Commission to take action, without discussion, on Agenda items for which there are no persons present who wish to speak, and no members who wish to discuss. The Consent Calendar may include the following: (1) Approval of previous meeting mi nutes; (2) Items being continued to another meeting (action will be postponed to a nother meeti ng) or w ithdrawn by the app licant; and (3) Items noticed for public hearing which the Commission decides to move to the Consent Calendar. The Chairperson will announce any additional items proposed for the Consent Calendar at the beginning of the meeting. Anyon
e present who wishes to speak against one of these items should advise the Chairperson if they request the item be pulled from the Consent Calendar.

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Landmarks Preservation Commission AGENDA
Feburary 6, 2025 PAGE 3

1. ROLL CALL: Please put all cellular phones and ringers on silent during the meeting.

2. EX-PARTE COMMUNICATIONS: In the context of adjudicative matters that come before the LPC, ex-parte communications are those which occur outside of the formal hearing process. LPC members should avoid ex-parte contacts on matters pending before the LPC as much as possible, as they may represent, or be perceived to represent, the receipt of evidence that can unfairly influence a decision on a matter before the Commission. If such contacts do occur, they must be placed in the record and disclosed to all interested parties sufficiently in advance of the decision to allow rebuttal.

3. LAND ACKNOWLEDGEMENT STATEMENT: The Commission recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low- nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

4. PUBLIC COMMENT on Non-Agenda and Information Items (Three minutes per person; five minutes per organization, or at the discretion of the Chairperson)

5. AGENDA CHANGES
A. Consent Calendar – Commission may consider including items 8, 9 and 13 B. Other Changes

ACTION AND DISCUSSION ITEMS

6. 2201-220
5 Blake Street and 2517 Fulton Street – Structural Alteration Permit (#LMSAP2024-0004) for the Bartlett Houses**
Resume the public hearing and consider final action for a request to relocate the historic stable structure and convert it to residential use, and to construct a new residential building at the rear of a City Landmark property; in accordance with BMC Section 3.24.220.

7. 2138 Kit
tredge Street – Lan dmark or Structure of Merit Designation (#LMIN2024-0006) for the Fitzpatrick House and Pepper Tree Tea Room**
Conduct a public hearing and consider the request to grant Landmark or Structure of Merit status to a property located in the Downtown, in accordance with BMC Section 3.24.130.

8. 3332 A
deline Street – Structural Alteration Permit (LMSAP2025-0001) for the Lorin Theater/ Phillips Temple Building**
Hold a public hearing and consider action on a request to install an emergency generator at a City Landmark property, in accordance with BMC Section 3.24.220.

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Landmarks Preservation Commission AGENDA
Feburary 6, 2025 PAGE 4

9. 2655 Shattuck Avenue – Demolition Referral (Use Permit # ZP2024-0057)** Consider the proposal to demolish a commercial building that are more than 40 years old, in accordance with BMC Section 23.326.070(C).

10. Certi
fied Local Government (CLG) Annual report for the State Office of Historic Preservation**
Review and comment on the draft CLG Annual Report for the period of October 2023 through September 2024, as part of the City’s CLG reporting requirements.

11. 1095 Un
iversity Avenue/1976 San Pablo Avenue – Di
scussion**
Receive a Commissioner correspondence about a currently vacant West Berkeley bank building originally completed in 1906, and discuss the historical information provided therein.

12. AD
HOC Subcommittees and Liaison Comments
Recei
ve opportunity reports on status of projects for which the LPC has established a subcommittee or liaison. (Note: Sites will come off the list annually or upon approval of a Certificate of Occupancy.) Review Chapter II.F of the Commissioners’ Manual and then consider establishing or re-establishing new and/or previously expired Ad Hoc Subcommittees accordingly.

Members Established Annual
Expiration
ZAB Design Review Committee DM - -
Berkeley Rose Garden KC, PS Mar 2024 Feb 2025
City Projects for Landmarks and Structure of
Merit Sites CE, SF Mar 2024 Feb 2025
P
otential Initiations SF, SO Mar 2024 Feb 2025
University of California PS, SF Mar 20
24 Feb 2025
Landmarks Policies & Procedures/ HRE
Scoping Recommendations

CE, SF, LL,
DM August 2024 July 2025
Structures Completed After 1945 SF, LL, DM Sept 2024 Aug 2025 Final Design Review for 2065 Kittredge Street CE, DM Nov 2024 Oct 2025

13. A CTION: Approval of Action Minutes**
Draft Action Minutes for January 6, 2025.

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

15. CORRESPONDENCE

16. COMM

ISSIONER ANNOUNCEMENTS

17. STAFF ANNOUNCEMENTS
A. Staffing Updates

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Landmarks Preservation Commission AGENDA
Feburary 6, 2025 PAGE 5

18. FUTURE COUNCIL CALENDAR ITEMS
A. 2500-2512 San Pablo Avenue/1094-1098 Dwight Way – Information Agenda Item re: Approval of Landmark Initiation (#LMIN2024-0004), February 11, 2025 B. 1310 University Avenue – Information Agenda Item re: Approval of Structural Alteration Permit (LMSA2024-0001), February 11, 2025

19. POTENTIAL INITIATIONS
The Commission may establish and maintain an ongoing list of structures, sites and areas having a special historical, architectural or aesthetic interest or value. After public hearings, the Commission may initiate landmark and historic district designations from the list.

A. 2362 Bancroft Way-Trinity United Methodist Church (3/1/99) B. Berkeley High School, Building C, 1920; W. C. Hayes (LE 9/13/99) C. John Galen Howard Power Station, UC Campus (CO 4/3/00) D. H.C. Macaulay Foundry, 811 Carleton Street (4/3/00)
E. UC Storage Station, James Plachek, Architect (4/3/00) F. “Kittredge Street Historic District” - 2124 Kittredge Street (Elder House and storefront)
G. 2138 Kittredge Street (Fitzpatrick House and storefront), and 2117 Kittredge Street (A.H. Broad House and storefront) (JK 11/5/2001)
H. 1842-1878 Euclid Avenue (CO 9-14-07)
I. Berkeley High School Campus Historic District (SW 1/3/08) J. 2746 Garber Street (SW 3/5/09)
K. 1901 Bonita Avenue (CO 11/16/10)
L. 1920 Bonita Avenue (CO 11/16/10)
M. 1940 Channing Way (CO 11/16/10)
N. 1920 Haste Street (CO 11/16/10)
O. 2414 Shattuck Avenue (CO 11/16/10)
P. Terminal Place (alley) (CO 11/16/10)
Q. 2041 University Avenue (CO 11/16/10)
R. 2482-2498 Telegraph Avenue And 2445-2449 Dwight Way (CO 12/7/11) S. 2301-2315 Telegraph Avenue / 2510-2516 Bancroft Way (CO 12/7/11) T. 2328-2346 Telegraph Avenue / 2441-2447 Durant Avenue (CO 12/7/11) U. 2400-2402 Telegraph Avenue / 2486-2498 Channing Way (CO 12/7/11) V. 2410-2422 Telegraph Avenue (CO 12/7/11)
W. 3049 Adeline Street (CO 3/12/12)
X. “Manoa Historic District”- 2530 [sic] Way, 2524 Dwight Way, 2503 Regent Street, 2509 Regent Street, 2511 Regent Street, 2515 Regent Street, 2517 Regent Street, 2506 Dwight Way, 2502 Dwight Way/2501 Telegraph Avenue, 2512–2516 Regent Street/2525 Telegraph Avenue (CO 3/12/12)
Y. 1400 Sixth Street (CO 6/7/13)
Z. 1409 Scenic Avenue (CO 9/3/15)
AA. 1301 Shattuck Avenue, Live Oak Park (CO 2/2/17)
BB. 2750-2770 Marin Avenue, Pacific Lutheran Theological Seminary (LPC 5/4/17) CC. 2100 Shattuck Avenue-2100 Kala Bagai Way (SF 6/1/17) DD. 741 Cedar Street (CO 7/6/17)
EE. 745 Cedar Street (CO 7/6/17)
FF. 749 Cedar Street (CO 7/6/17)
GG. 2212 Fifth Street (CO 7/6/17; initiation failed 6/6/21) HH. 837 Folger Avenue (CO 7/6/17)

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Landmarks Preservation Commission AGENDA
Feburary 6, 2025 PAGE 6

II. 1517 Fourth Street (CO 7/6/17)
JJ. 808 Gilman Street (CO 7/6/17)
KK. 830 Gilman Street (CO 7/6/17)
LL. 832 Gilman Street (CO 7/6/17)
MM. 836 Gilman Street (CO 7/6/17)
NN. 1018 Pardee Street (CO 7/6/17)
OO. 1336 Sixth Street (CO 7/6/17)
PP. 1345 Sixth Street (CO 7/6/17)
QQ. 601 Ashby Avenue (PA 2/1/18)
RR. 1013 Pardee (BO 9/6/18)
SS. 1940 Haste Street (LPC 10/04/18; upon relocation of historic building) TT. 2222 Fifth Street (LPC 12/6/18)
UU. 1631-33 Walnut Street (LPC 7/2/19)
VV. 1601 California Street (PA 11/7/19)
WW. 2235 Channing Way, 2240 and 2300 Durant Avenue, 2372 Ellsworth Street (LPC 11/5/20)
XX. 2501, 2510, 2514, 2530 and 2551 San Pablo Avenue (LPC 4/1/21) YY. 2132-2154 Center Street (LPC 5/4/23)
ZZ. 2414 Shattuck Avenue (LPC 9/7/23)
AAA. 1306 Third Street (LPC 11/7/2024)

20. CURRENT LAND USE PROJECTS – BMC Section 23.404.030(C) Below are the addresses of projects that seek to demolish buildings (residential or commercial) over 40 years old. Permit applications for properties where full removal is not sought are not individually listed, but may be found online:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects

Projects proposing demolition of buildings greater than forty years old A. Non-Residential Structures (BMC Section 23C.08.050)
2030-2036 Bancroft Way ZP2024-0079
2530-2538 Bancroft Way ZP2023-0126
811 Carleton Street ZP2021-0003
2942 College Avenue ZP2022-0136
2298 Durant Avenue ZP2024-0126
2138 Kittredge Street ZP2024-0114
2100 Milvia Street ZP2023-0163
1827 and 1899 Oxford Street ZP2024-0075
2720 San Pablo Avenue ZP2024-0076
2733-2737 San Pablo Avenue ZP2023-0090
1650 Shattuck Avenue ZP2020-0022
1663-1687 Shattuck Avenue ZP2024-0066
1950-1998 Shattuck Avenue ZP2023-0040
2274 Shattuck Avenue ZP2023-0079
2300 Shattuck Avenue ZP2024-0079
2420 Shattuck Avenue ZP2022-0149
2847 Shattuck Avenue ZP2024-0077
2920 Shattuck Avenue ZP2022-0116
2925-2973 Shattuck Avenue ZP2024-0071

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Landmarks Preservation Commission AGENDA
Feburary 6, 2025 PAGE 7

** Indicates that the Landmarks Preservation Commission received documents (notices of decision, staff reports, application materials or correspondence) as part of the packet that was delivered prior to this meeting. 3000 Shattuck Avenue ZP2022-0046
2800 Telegraph Avenue ZP2022-0107
2821 Tenth Street ZP2022-0038
1581 and 1589 University Avenue ZP2024-0074
1708 and 1710 University Avenue ZP2021-0127
1776-1796 University Avenue ZP2023-0070
2071-2079 University Avenue ZP2023-0040
2109 Virginia Street ZP2024-0066
2700 Ninth Street ZP2024-0161
2138 Kittredge Street ZP2024-0114

B. Residential Structures
3035 Colby Street ZP2024-0112
2360 Ellsworth Street ZP2024-0126
2442 Haste Street ZP2024-0070
1627 Jaynes Street ZP2024-0129
1048 Keith Avenue ZP2024-0014
1136 Keith Avenue ZP2024-0052
2708 Prince Street ZP2024-0024
2427-2433 San Pablo Avenue ZP2022-0115
1782 University Avenue ZP2023-0070

21. ADJOURN

NOTICE CONCERNING LEGAL RIGHTS
If you object to a decision by the Landmarks Preservation Commission to approve or deny a designation or permit for a project, the following requirements and restrictions apply:

1. You must appeal to the City Council within 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 to receive a Notice of Decision when it is completed.

2. Pursuant to Code of Civil Procedure, Section 1094.6(b), no lawsuit challenging a City Council decision to deny a permit or variance may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure, Section 1094.6(b), which has been adopted by the City. Any lawsuit not filed within that ninety (90) day period will be barred.

3. Pursuant to Government Code, Section 65009(c)(5), no lawsuit challenging a City Council decision to approve (with or without conditions) a permit or variance may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure, Section 1094.6(b), which has been adopted by the City. Any lawsuit not filed within that ninety (90) day period will be barred.

4. 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, the following requirements apply:

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Landmarks Preservation Commission AGENDA
Feburary 6, 2025 PAGE 8

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.

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L ANDMARKS

P RESERVATION

C OMMISSION
Staff Repor t
1947 Center Street, 2nd Fl., Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420

FOR COMMISSION ACTION
FEBRUARY 6, 2025
2138 Kittredge Street – The Fitzpatrick House and
Pepper Tree Tea Room
Landmark application #LMIN2024-0006 for the consideration of City Landmark or Structure of Merit designation status for a property originally constructed in 1904 and expanded in 1935 (APN 057-2029-015-00) I. Application Basics
A. Land Use Designations: Outer Core (C-DMU)
B. CEQA Determination: Exempt from further environmental review pursuant to CEQA Guidelines Section 15061.(b)(3) f
or Review for
Exemptions.

C. Parties Involved:
• Initiator: 64 Berkeley Resident Petitioners
• Application Author: Anthony Bruce
Berkeley Architectural Heritage Association
P.O. Box 1137
Berkeley, CA
• Property Owner: Susan Carlson
2138 Kittredge Street
Berkeley, CA
D. Staff Recommendation: Hold a public hearing and cons ider favorable action on
this request.

ITEM #7
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Figure 1: Vicinity Map – highlighting nearby City Landmarks and Structures of Merit Subject Property
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LANDMARKS PRESERVATION COMMISSION 2138 KITTRIDGE STREET February 6, 2025 Page 3 of 13
Figure 2 Subject property, current condition – façade (source: Landmark Application) Figure 3 Subject property, entrance (source:

Landmark application)
Figure 4 Subject property, current condition –
west exterior (source: Landmark application)
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Figure 5 Subject property, 1978 (source: Landmark application, photograph by Betty Marvin) Figure 6 Subject property 1978 (s
ource: Landmark application, photograph by Betty Marvin) ITEM #7
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II. Application Chronology
On October 30, 2024, the City received a Landmark or Structure of Merit application petition for the subject property, and is provided in Attachment 2 of this report. In accordance with Berkeley Municipal Code (BMC) Section 3.24.120, the application initiated consideration of the property for designation status.

In December 2024, staff prepared notices for an anticipated hearing on January 6, 2025, in accordance with requirements of BMC Section 3.24.140. However, the hearing was cancelled and then re-sched
uled to February 6, 2025, due to the concerns of interested parties.

On January 27, 202
5, staff mailed and posted advance notice of tonight’s hearing in accordance with the requirements of BMC Section 3.24.140 for Public hearing notice requirements.

Pending SB330 Use Permit application for Demolition
Prior to the initiation of this property for Landmark or Structure of Merit consideration, the City received Use Permit application #ZP2024-0114 r equesting permission to
demolish the subject building and to construct a new mixed-use housing development at this site.

On April 4, 2024, the Use Permit application vested under the provisions of the H ousing
Accountability Act/Senate Bill (SB) 330 and this means that the City is divested of its ability under the BMC to impose preservation conditions on the Use Permit should the City approve the Use Permit and also designate this property at a City Landmark or Structure of Merit.

On December 30, 2024, legal counsel for the Use Permit applicant sent a letter to sta ff
objecting to the City’s consideration of this Landmark application; see Attachment 3. The letter asserts that a Landmark designation hearing would violate the provisions of SB330 and impact the pending housing development proposal. But staff disagrees and finds that, because the Use Permit application previously vested under SB330 and is subject to streamlined review, this Landmark consideration cannot change the historic status of the subject property (i.e.: project site) or result in preservation conditions on an approved entitlement.

A description of the limitations of SB330 and their applicability for this Landmark consideration appears in Section IV of this repo
rt.

III. Historic Resource Status
The subject property is not listed on the National Register of Historic Places (NR) or the California Register of Historical Resources (CR). In 1978, the property was recorded for the State Historic Resources Inventory and recommended eligible for the NR. The property is also on the Berkeley Urban Conservation Survey (form #21280). The City completed the Shattuck Avenue Commercial Corridor Historic Context and Survey in 2015. Through this survey, the potential Shattuck Avenue Commercial Corridor Historic ITEM #7
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District was identified and the subject property was assigned a CHRSC of 3S, finding it
locally significant as a contributor to the proposed District under criterion A/1 of the NR/CR, with a period of significance of 1904-1958. The district has not been established through an adjudicative action by the City, however it has been identified through a SHPO-compliant evaluation and survey. For these reasons, the potential District and the subject building are cultural resources pursuant to CEQA Guidelines Section 15064.5.(a).

There are several City of Berkeley Landmarks (LM) and Structures of Merit in the immediate vicinity of this
property, including: the A.H. Broad House and Storefront (1886, 1915) at 2117 Kittredge Street, California Theater (1914) at 2115 Kittredge Street, Brooks Apartment Building (1906) at 2231 Shattuck Avenue, Tupper and Reed Building (1925) at 2271 Shattuck Avenue, The Hezlett’s Silk Store Building (1925) at 2277 Shattuck Avenue, Odd Fellows Temple (1926) at 2288 Fulton Street, Masonic Temple (1905) at 2105 Bancroft Way, and Edwards Stadium (1932) at 2594 Hearst Avenue.

See Figure 1, above.

IV. Property Description
The following description of 2138
Kittredge Street is based on the research presented in
the Landmark Application for this consideration, as well as City permit records and the 2015 Shattuck Avenue Commercial Corridor Historic Context and Survey.

The subject property is an approximately 6,750-s
q. ft. lot on the north side of the 2000-
block of Kittredge Street, between Shattuck Avenue (west) and Oxford Street (east). It is a rectangular parcel, oriented north-to-south, with street frontage facing Kittridge Street to the north. The lot contains two buildings: a two-story residence and a carport. The main residence, identified as the Fitzpatrick House and Pepper Tree Tea Room, is situated toward the northwest corner of the property, with its north facing façade built along the north property line. A one-story detached carport is situated to the rear of the residence, and occupies the southwest corner of the parcel, spanning across the entire rear property line. At its northwest corner, the property has a gated driveway that extends eastward into the site between the residence and the east property line and serves the carport at the rear of the site; see Figure 2.

The Fitzpatrick House and Pepper Tree Tea Room is a two-story, wood-fram e
residential building, originally constructed in 1904 as a single-family residence. The Fitzpatrick House became a mixed-use property in 1924 with the establishment of the Pepper Tree Tea Room. In 1935, the building received a front addition to expand the Pepper Tree Tea Room; the addition replaced the original 1904 primary façade.

Designed with elements of Georgian Revival architectural, the addition also exhibits elements of boxy, Moderne styling, common to commercial buildings constructed in the 1930s and 1940s. Nonetheless, its reddish-brown brick cladding, arched and ITEM #7
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rectangular openings, and balanced composition draw from the Georgian Revival style.

At the first story, the east side and two easternmost (left and center) bays of the primary façade feature wood tripartite windows with 12 lites at center, four lites in each outer sash, and a fanlight transom with an inner and outer arch above. The westernmost (right) bay of the primary façade contains a recessed entrance with a Moderne style door and leaded-glass transom. The west facing arch contains a niche. Arches are unified by an angled brick beltcourse that wraps around the addition’s first story emphasizing the horizontal datum that runs along the base of the arches.

The second story of the addition features two six-over-one vinyl-sash windows (replacements) on the east side. Two wood casement windows with six lites are set toward the outer walls of the primary façade. These windows are set above curved metal balconettes that are mounted to the façade. Each of these windows originally had two shutters, however, one shutter is missing from the window at the right. An additional vinyl-sash six-over-one window is centered in the sec
ond story of the west side of the
addition. Other features include a circular detail centered in the second story of the primary façade and a beltcourse of brick wraps around the parapet line of the roof, with additional brick coping detailing and a wrought iron railing crowning the roof of the addition.

The original portion of the building to the rear of the addition is c lad with shiplap siding at
each story. Fenestration includes one-over-one, double-hung wood-sash windows, as well as several smaller wood casement windows and a stained-glass window. A molded wood water table wraps around the base of the first story. The east façade features a two-story projecting bay at center. This bay’s first story has chamfered corners with molded wood corner detailing above.

The rear façade has been subject to several alterations, including an early 1915 attic dormer addition that
projects from the rear hip of the roof, expansion at the first story ca. 1953, and the addition of a flat-roofed second story wing at the east end. Still, the rear façade features similar exterior cladding and detailing. The west façade is largely intact with several wood windows, including a stained-glass window to the immediate south of the front addition. The hip roof capping the Fitzpatrick House features a moderate overhang, modern asphalt singles, two brick chimneys, and a hipped dormer with a small window on the east side.

The residence at 2138 Ki
ttredge Street exhibits characteristics of the Colonial Revival style and the Georgian Revival styles. 2138 Kittredge Street is a strong example of the blending of styles and forms that resulted from the adaption of residences to accommodate commercial uses in Berkeley during the early twentieth century. The property is in good condition.

Construction and O
wnership History. John C. Fitzpatrick (1865-1945) purchased the subject property parcel in 1903. He and Caroline Isabel Preston were married in Benicia in 1887 and settled in Berkeley with their first two children in 1890.

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Fitzpatrick was hired as superintendent of the Claremont, University & Ferries Street Railway (and served in other roles, such as secretary and motorman) until 1900. He then started a livery business that
provided transport in Berkeley. In 1903, he contracted
with architect William H. Wharff for the design of a residence on the south side of Kittredge Street. Fitzpatrick also purchased the adjoining lot to the east of present-day 2138 Kittredge Street, where he built a livery stable (non-extant) where he based his transportation business in subsequent years. He built a smaller stable (non-extant) to the rear of his residence to accommodate overflow. Fitzpatrick’s business evolved to operate with automobiles by 1916, and he also delivered telegrams and telephone messages. His main stable was eventually converted to a public garage before his retirement around 1920. Fitzpatrick moved to a residence at 1936 Delaware Street in 1924, where he resided until his death in 1945.

The subject property was occupied by Alma and William Taylor after Fitzpatrick and his family members relocated in 1924. Alma T
aylor established the Pepper Tree Tea Room
immediately after the Taylors became tenants of the subject property. Alma served as manager for the next 17 years; her niece, Helga, waited tables. In 1935, the front addition to the former Fitzpatrick House was completed and provided redecorated and enlarged dining rooms for the Pepper Tree Tea Room. The adaption of the former Fitzpatrick House occurred after two nearby residential structures experienced similar commercial transformations, including the A.H. Broad House at 2119 Kittredge Street (Landmark-Structure of Merit #242) and the Elder House at 2124 Kittredge Street (still extant).

The Taylors purchased the property from Fitzpatrick in 1942, and the Pepper Tree Tea Room closed in the same year. Despite the closure of the tearoom, the Taylors retained ownership of the property and embarked on alterations to add a dwelling unit to the building, under contract with local architect Paul Hammarberg, who was a frequent designer of wartime housing. In 1943, the Taylors purchased the adjacent property to the east, which had been the location of Fitzpatrick’s mai n stable/garage. The Taylors
improved the apartments within the subject building in 1953. The adjoining property was redeveloped with Herb’s Hamburgers in 1955; thus, the former Fitzpatrick stable was nonextant as of 1955. The smaller stable Fitzpatrick located to the rear of the subject building was demolished in the same year to accommodate construction of a carport, which remains at the rear of 2138 Kittredge Street.

Alma Taylor died in 1960 and William remarried to Helen Ingham in 1963; they remained resi
dents of 2138 Kittredge Street until William’s death in 1974.

Alterations.

An attic dormer was added to the rear hip of the original roof in 1915. The front addition was constructed in 1935 to expand the Pepper Tree Tea Room. Alterations that appear have been l
imited to the interior were contracted to architect Paul Hammarberg in 1932.

In 1953, apartments within the residence were remodeled; this alteration work potentially included alterations to the rear façade, where a second story east extension was ITEM #7
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constructed, and likely modification of the first story of the rear façade. In 1955, a one- story detached carport was added to the property and replaced a preexisting stable that was built around 1903. Original windows within narrower east and west sides the front addition have been replaced with vinyl-sash windows.

A complete property history is provided in the Landmark application, see Attachment 1.

Historic Context.1 The property at 2138 Kittredge Street is associated with a pattern of residential development during the early twentieth century, when single-family residential properties were more prevalent in what has since become a primarily commercial area along the Shattuck Avenue corridor in the downtown. The subject property’s evolution between the 1920s and 1930s from solely residential use to a property combining residential and commercial uses, is associated with a subsequent trend of commercial development in the downtown, which included the modification of preexisting residences, including several along Kittredge Street and in the immediate vicinity to accommodate the spread of commerce. The subject building also surveyed the devastating Berkeley Fire of 1923, which destroyed many wood frame buildings. The Fitzpatrick House and Pepper Tree Tea Room’s period of significance begins in 1904, its year of original construction, and extends to 1958, recognizing its contribution to the historical development of the Shattuck Avenue Commercial Corridor Historic District.

Landmarks Preservation Ordinance Significance Criteria. When it designates a property as a Landmark, Historic District, or Structure of Merit, the Commission must find that the property meets one or more of the required criteria codified in LPO, BMC Section 3.24.110. These criteria are relatively specific and appear to align with California Register and National Register criteria. The significance criteria for a Structure of Merit are broader than those for Landmarks status, and include properties that qualify individually as good examples of architectural design, or that qualify as contributors to the context of a larger streetscape or area.

Staff completed a review of information provided in the Landmark application, as w ell as
available City records and previous surveys, and compared the evidence against the criteria for designation consideration. The property and extant structures appear to meet multiple designation criteria. A summary of findings is provided below.

Landmark criterion – Architectural Merit. Based on the research and evidence presented in the Landmark application, the property at 2138 Kittredge Street appears to meet the 1 National Register Bulletin #15, Item V: How to Evaluate a Property within its Historic Context (2002); National Register Bulletin #16A, Section III: How to Complete the National Register Registration – Period of Significance (1997).

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LPO Landmark designation criterion for architectural merit. The building’s design incorporates elements of its original design as a Colonial Revival residence repres enting
the work of locally prominent architect, William H. Wharff, combined with an individually distinctive example of the application of Moderne-influenced Georgian Revival styling to form its front addition. Together, the building’s original and added masses provide a strong example of a hybridized building typology that is representative of the mixed-use architecture that developed in Berkeley’s downtown during the early twentieth century.

This finding aligns with the designation criterion of BMC Section 3.24.110.A.b.

The subject property retains many of the character-defining features of its historical expression of the Colonial Revival and Georgian Revival styles. Its Co lonial Revival
characteristics include shiplap siding, molded wood water table and beltcourses, projecting bay with chamfered corners and molded overhang details, hip roof with moderate overhangs and a hip dormer, as well as its retention of several wood-sash windows, and a stained-glass window. Its Georgian Revival style is expressed through its front addition, which incorporates unpainted, reddish brown brick cladding and brick detailing, arched openings with keystone details, arched windows with tripartite casements, fanlights, paneled-wood bulkheads, and a balanced composition overall.

The building’s essential form and exterior continue to exhibi t the necessary aspects of
integrity to convey its architectural significance as a historical mixed-use property type with elements of Colonial Revival and Georgian Revival architecture, inclusive of design, materials, and workmanship.

Landmark criterion – Cult
ural Value. BM C Section 3.24.110.A.2 allows for the
designation of properties that are associated with the movement or evolution of culture.

The Landmark application documents the property’s association with the property’s original owner and namesake, John Fitzgerald, as well as Pepper Tree Tea Room proprietors William and Alma Taylor. Additionally, the application documents the property’s contribution to the city’s economic development, including development of expanded commercial uses in what was a largely residential area to a commercial district along the Shattuck Avenue corridor. This pattern of twentieth century development in downtown Berkeley included the modification of single-family residences to accommodate commercial uses, such as occurred at with the subject building’s 1935 addition. The property continues to exhibit characteristics that lend it a strong association to this aspect of Berkeley’s cultural history. For these reasons, the property appears to be associated with the movement and evolution of economic developments of the City, and could warrant designation for this association. 2138 Kittredge Street appears to meet the LPO Landmark designation criterion for cultural value.

Landmark criterion – His
toric Value. The development of 2138 Kittredge Street is associated with a pattern of development that emerged in Berkeley during the early twentieth century, as settlement in the core downtown area increased and commercial uses became more prevalent. Located in the block immediately east of Shattuck Avenue, the property transitioned from a single-family residential use to a combined ITEM #7
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residential and commercial use in 1924, when the Pepper Tree Tea Room was established by the Taylors in the former Fitzpatrick House. The Taylors eventually acquired the property in 1942, by which time the Fitzpatrick House was modified to support expansion of the tearoom. Along with nearby properties that underwent similar residential-to-residential-commercial adaptations, 2138 Kittredge Street developed into a hybrid building type and remains an excellent example of this historical trend in downtown Berkeley. For these reasons, the property appears to embody and express the development history of Berkeley. 2138 Kittredge Street appears to meet the LPO Landmark designation criterion for historic value.

LPO Structure of Merit criteria. As discussed above, staff believe that t he subject property could meet the criteria for designation as a City Landmark. However, if the Commission concludes that it does not (in whole or in part), then the Commission may consider the extent to which it meets the criteria for designation as a Structure of Merit, in accordance with BMC Section 3.24.110.B.2.

The subject property is an excel
lent example of the combination of Colonial Revival
residential architecture and Georgian Revival commercial architecture that embody the mixed-use architecture that contributed to the development of commerce in downtown Berkeley during the early twentieth century. The property also exhibits integrity of design, materials, and workmanship. It is also part of a three-building group within the 2000-block of Kittredge Street, including the A.H. Broad House and Storefront (1894, designated Berkeley Landmark) at 2117 Kittredge Street and the Elder House at 2124 Kittredge Street, that provides a concentrated representation of the historical adaption of residences to commercial uses.

Given these facts, the property at 2138 Kittredge Street would meet the following Structure of Merit criteria:

Section 3.24.110 B.2.a – Th
e age of the structure is contemporary with (1) a
designated landmark within its neighborhood, block, street frontage, or group of buildings, or (2) an historic period or event of significance to the City, or to the structure’s neighborhood, block, street frontage, or group of buildings.

Section 3.24.110.B.2.b – The structure is compatible in size, scale, style, materials or design with a designated landmark structure within its neighborhood, block, street frontage, or group of buildings.

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Section 3.24.110.B.2.c – The structure is a good example of architectural design.

Section 3.24.110.B.2.d – The structure has historical significance to the City and/or to the structure’s neighborhood, block, street frontage, or group of buildings.

VI. Limitations of Local Register Designation & Pending Use Permit for Demolition
In addition to the information and analysis presented in the staff report for the Commission’s hearing on the subject Landmark application, staff would like to provide an explanation of the regulatory context for the City’s concurrent review of the pending Use Permit application for this same property: #ZP2024-0114.

Should the Commission vote favorably on the subject Landmark application to designate the Fitzpatrick House and Pepper Tree Tea Room as either a City Landmark or Structure of Merit, the property would become a locally listed historic resource.

However, certain limitations would apply given the pending Use Permit request to demolish the building.

The Housing Accountability Act of 2019, also referred to as Senate Bill (SB) 330, requires the City to make the “historic site” determination at the time the application for the housing development project is deemed complete. Furthermore, a “determination as to whether a parcel of property is a historic site shall remain valid during the pendency of the housing development project for which the application was made [(Gov.

Code §
65913.10(a)].” No City Landmark or Structure of Merit designation status was in place last year at the time of application completeness and, therefore, a local designation at this time would not retroactively apply to the pending Use Permit request.

Further, SB330 limits the City’s ability to impose any preservation-relat ed conditions of
approval on the Use Permit. While SB330 also imposes limits on the number of hearings to five, that limit applies to the housing project (i. e.: Use Permit proposal) and not this Landmark Initiation application. SB 330 does not limit the City’s obligation to assess the impact of a proposed project on cultural resources under CEQA and to impose measures to mitigate any adverse impacts on cultural resources; see Gov. Code § 65913.10(c).

Should the LPC vote on application #LMIN2024-0006 to d
esignate the subject property
as a City Landmark or Structure of Merit, the designation would symbolically recognize ITEM #7
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the local significance and architectural/cultural/historic merit of the Fitzpatrick House and Pepper Tree Tea Room. Additionally, if the vested rights under Use Permit application #ZP2024-0114 were not to be exercised and a new or modified application were to be filed in its place subsequent to City Landmark or Structure of Merit designation of the property, then a protective status could apply to the historic site for any future development application.

VII. Recommendation
Staff recommends that the Commission consider the extent to which this property meets the criteria for City Landmark or Structure of Merit designation pursuant to BMC Section

3.24.110.A.1, and then take favorable action.

Attachments:

1. Draft Findings for Desig
nation Approval

2. Landmark Application. 2138 Kittredge Street, prepared by Anthony Bruce for Berkeley Architectural Heritage Association, received October 30, 2024

3. Correspondence
Prepared by: Josh Bevan, Architectural Historian, Rincon Consultants, Inc.

Reviewed by: Fatema Crane, Principal Planner; [email protected] (510) 981-7410 ITEM #7
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Attachment 1
Draft Findings for Designation
FEBRUARY 6, 2025
2138 Kittredge Street – The Fitzpatrick House and Pepper Tree Tea Room
Landmark application #LMIN2024-0006 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed circa 1904 (APN: 057-2029-015-00)

PROJECT DESCRIPTION
City Landmark designation of the property at 2138 Kittredge Street

CEQA FINDINGS

LANDMARK PRESERVATION ORIDNANCE FINDINGS

1. 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 property at 2138 Kittredge Street meets the architectural merit criterion for City Landmark designation as an example of a Colonial Revival residence representing the work of locally prominent architect, William H. Wharff, combined with an individually distinctive example of the application of Moderne-influenced Georgian Revival styling to form its front addition. Together, the building’s original and added masses provide a strong example of a hybridized building typology that is representative of the mixed-use architecture that developed in Berkeley’s downtown during the early twentieth century. Its Colonial Revival characteristics include shiplap siding, molded wood water table and beltcourses, projecting bay with chamfered corners and molded overhang details, hipped roof with moderate overhangs and a hip dormer, as well as its retention of several wood-sash windows, and a stained-glass window. Its Georgian Revival style is expressed through its front addition, which incorporates unpainted, reddish brown brick cladding and brick detailing, arched openings with keystone details, arched windows with tripartite casements, fanlights, paneled-wood bulkheads, and a balanced composition overall.

Through the retention of its essential form and historic materials, it conveys design, materials, and workmanship aspects of integrity.

2. Pursuant to BMC Section 3.24.110.A.2, the Commission further finds that the subject property warrants designation for its association with original owner, John Fitzgerald as well as Pepper Tree Tea Room proprietors, William and Alma Taylor. The property ITEM #7, ATTACHMENT 1
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FINDINGS for DESIGNATION 2138 Kittridge Street –The Fitzpatrick House and Pepper Tree Tea Room

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contributed to the City’s economic development, including development of expanded commercial uses in what was a largely residential area to a commercial district along the Shattuck Avenue corridor. This pattern of twentieth century development in downtown Berkeley included the modification of low-densi ty residences to
accommodate commercial uses, such as occurred with the subject building’s 1935 addition. The property continues to exhibit characteristics that lend it a strong association to this aspect of Berkeley’s cultural history.

3. Pursuant to BMC Section 3.24.110.A4, the Commission finds that the property meets the criterion for historical value for its association with a pattern of res idential to
residential-commercial development that emerged in Berkeley in the early twentieth century. Its residential to residential-commercial development is conveyed through its blended styles and forms that resulted from its adaptation including its distinctive 1935 Georgian Revival with Moderne styling front addition and Colonial Revival residence portion. Its residential-commercial use is conveyed though its two-part massing with reddish-brown brick cladding, arched and rectangular openings, and balanced Georgian Revival composition at the primary elevation and its shiplap exterior, dormers, and one-over-one, double-hung wood-sash windows at the building’s residential rear.

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2138 Kittredge Street FINDINGS for DESIGNATION
February 6, 2025 Page 3 of 3

FEATURES TO BE PRESERVED
This designation shall apply to the subject property and the following distinguishing features of t
he shall be preserved, and missing features shall be restored to the extent possible:

Property
• Location at the sout
h side of Kittredge Street
• Setting in the Shattuck Avenue Commercial Corridor Historic District.

Main Building
• Two-part massing comprised of Colonial Revival residential rear and Georgian Revival commercial addition at primary, street-facing facade • Colonial Revival characteristics, including:
o Shiplap siding
o Molded-wood water table at the first floor
o Projecting bay with chamfered corners and molded overhang details at the first floor
o Hipped roof with moderate overhang and dormer window on east eave o One-over-one, double-hung wood-sash windows
• Georgian Revival characteristics, including:
o Unpainted reddish-brown brick cladding and brick detailing o Arched openings with keystone details
o Arched windows with tripartite casements
o Fanlights above tripartite casements
o Paneled-wood bulkheads
o Angled brick beltcourse that continues around the addition’s first floor • Stained-glass window at west elevation of Colonial Revival portion of building • Circular with four keystones detail at second story of primary façade ITEM #7, ATTACHMENT 1
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