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 AGENDA
DESIGN REVIEW COMMITTEE MEETING
Thursday March 18, 2010 AT 7:00 PM
NORTH BERKELEY SENIOR CENTER
1901 HEARST AVENUE, Workshop B
Berkeley, CA 94704
Wheelchair Accessible

PUBLIC INFORMATION

       
 The packet for this (and future) Design Review Committee meeting is available for review at the Berkeley
Library main branch at 2090 Kittredge Street, or online on the Design Review Committee page under Boards and Commissions.

          To request a meeting agenda in large print, Braille, or on cassette, or to request a sign  interpreter for the 
meeting, call the city clerk's office at 981-6900 (voice) or 981-6903 (ttd): at least five (5) working days prior to the
meeting in order to ensure availability.

          For Communications information and Legal Notice Concerning Your Legal Rights,  please refer to
the last page of this Agenda.

         Please refrain from wearing scented products to public meetings.
        Meetings must adjourn by midnight, when room reservations expire. Please exit promptly
.

AGENDA

I.        ROLL CALL

            Jim Goring, Chair (Appointed by Zoning Adjustments Board)
            Charles McCulloch, Vice-Chair (Appointed by Zoning Adjustments Board)
            Robert Allen (Zoning Adjustments Board)
            David Blake (Civic Arts Commission)
            Carrie Olson (Landmarks Preservation Commission)
            George Williams (Zoning Adjustments Board)

II.       PUBLIC COMMENTS AND COMMITTEE MEMBER COMMENTS

            The applicant and or their designee will have 5 to 10 minutes to make a presentation of their project to the
Committee. The public is also invited to make a public comment if they wish. To do so, you should fill out aspeaker
card before the meeting starts and give it to the Secretary of the Committee. Please be advised that the Committee
may limit the number of speakers and the length of time allowed to each speaker (3 minutes is the usual amount of
time allowed). The public is also encouraged to submit their comments and or testimony in writing at which time it will
become a part of the public record. CONTACT: Anne Burns, (510) 981-7410.


III.      RE-ARRANGEMENT OF AGENDA ORDER
     
             Due to the large volume of projects, and the limited amount of time available to hear each  project, the Design
Review Committee has the right to re-arrange the order of the agenda in order to accommodate the projects that will
not require a lot of time.
 

The next Design Review Committee meeting will be held on Thursday, April 15, 2010.
 

IV.      PROJECTS

          1. 
1725 UNIVERSITY AVENUE [between McGee and Grant] (DR#08- 30000084):
                  Final Design Review Modification of a mixed-use building with three stories
                  of residential units over commercial and garage ground floor space.  Proposed
                  modification is for enclosure / screen for existing rooftop mechanical equipment.

             2. 1425 HENRY STREET [between Rose and Vine] (DR#09-30000095):  
                  Preliminary Design Review of a renovation and expansion of an existing grocery
                  store (Safeway).  Improvements will include a 17,897 sq. ft. expansion of the floor 
                  area for a new total of 46,147 sq. ft., as well as an on-site parking garage ramp and
                  new landscaping throughout.  Off-site improvements include new street trees and
                  expanded planting in city right of way.

V.        DISCUSSION ITEMS

            Downtown Streets & Open Space Improvement Plan (SOSIP)
           
    Recent buildings in Berkeley – best practices

VI.       BUSINESS MATTERS

                        Approval of Previous Meeting Minutes 
                             A. Minutes from 02/18/2010 DRC Meeting
                                  Recommendation: Approve Minutes

VII.      ADJOURN (by 11:15 pm)
 
COMMUNICATIONS

       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.

LEGAL NOTICE CONCERNING YOUR LEGAL RIGHTS

       If you object to a decision by the Design Review Committee, the following requirements and restrictions
       apply:

       1. If you challenge the decision of the City 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 Design Review Committee at, or prior to, the public hearing.
 
       2. You must appeal to the Zoning Adjustments Board within fourteen (14) days of the date of the action of
           the Design Review Committee. 
       3. Pursuant to Code of Civil Procedure Section 1094.6(b), no lawsuit challenging a City Council decision,
           as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other 
           permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in
           Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will 
           be barred.
       4. Pursuant to Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as
           defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit
           may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of
           Civil Procedure Section 1094.6(b).  Any lawsuit not filed within that ninety (90) day period will be barred.
       5. 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.
       6. If you believe that this decision or any condition attached to it denies you any reasonable economic use of
           the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently
           proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public
           use without just compensation under the California or United States Constitutions, the following requirements
           apply:
           A. That this belief is a basis of your appeal.
           B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above. 
           C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking”
                as set forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City
Council and in court.