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The city is hammering out an amendment to the municipal code that will govern development above buried historic resources such as the West Berkeley Shellmound.  

The proposed ordinance, written by the Planning and Development Department, has instigated a wrestling match with some commissioners on the Landmarks Preservation Commission over which government body will review and approve certain development permits.  

According to Interim Deputy Planning Director Vivian Kahn, the Planning Department wants to retain the authority to approve smaller projects and alterations, such as buildings under 1,000 square feet, excavations under 12-inches deep and certain paving projects. 

“The LPC meets once a month and that could mean an unreasonable delay for property owners who want to put in a wall or a shed or other projects that don’t require much excavation,” she said. 

The draft ordinance requires the LPC to review large projects. 

LPC Commissioner Becky O’Malley said that the Planning Department is trying to streamline the approval process. She said it’s more appropriate for the LPC to make most the permit decisions about development on archeological sites. 

“They want to make it easier to build on the site,” O’Malley said. “The LPC’s first duty is to protect cultural resources for the public at large and making things easier for developers is secondary.”  

Kahn said any staff-approved permits would still be subject to appeal. 

When the City Council approved the subterranean West Berkeley Shellmound as a historical landmark in November, it became apparent there were no provisions in the municipal code to oversee development on historical resources below ground. 

As a result, the Landmark Preservation Commission and several archeologists proposed a code amendment to give the Planning Department and the LPC guidelines for approving building and alteration permits over subterranean landmarks. 

The shellmound, bounded by Interstate 80, Fourth Street and University and Hearst avenues, was approved as a city landmark largely because of its subterranean archeological resources. The site is the repository of artifacts of the Ohlone Indians, who populated the Bay Area for 5,000 years. 

Until A.D. 800, Native American shellmounds were common sights around the Bay. The mounds were characterized by large piles of shells that could be as high as 15 feet. The area surrounding the mounds was frequently the site of daily routines, such as hunting, fishing and cooking. They were also used as burial grounds, according to Stephanie Manning, who wrote the 75-page document on which the LPC based its designation of the West Berkeley Shellmound as a landmark.  

Currently the West Berkeley Shellmound is the city’s only subterranean archeological landmark. But according to Kahn, there are several other potential sites in Berkeley that could become archeological landmarks. 

Dan White, one of the owners of Truitt and White Lumber Company, which is located on the shellmound, said he did not oppose the site’s landmark designation, but he is concerned the amendment will unfairly restrict development on his property.  

“A regulation is appropriate but it has to allow routine operation,” White said. “We should be allowed to develop the property as anyone else can provided we demonstrate we can deal with the subterranean deposits in an appropriate manner.” 

Manning argued that the Planning Department is asking for permit authority over relatively large projects. 

“They want to approve any structures up to 1,000 square feet,” she said. “My home is 875 square feet and that would be a large structure on the landmark site.” 

O’Malley agreed that the Planning Department should have permit approval on some projects but said the threshold still needs to be worked out.  

The Landmarks Preservation Commission will discuss the draft ordinance at its next meeting on May 7.