Agenda
DESIGN REVIEW COMMITTEE
Thursday, July 15, 2010 at 7 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.

             clip_image001.jpgThis 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 981-6342 (V) or 981-6345 (TDD) at least three business days
             before the meeting date.  Please refrain from wearing scented products to this meeting.

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

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)
            Adam Woltag (Appointed by 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 a speaker 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: 
             Secretary of the Committee, Anne Burns, (510) 981-7410, 2120 Milvia Street.

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, August 19, 2010.
 

IV.        PROJECTS

            1. 1425 HENRY STREET [between Rose and Vine] (DR#09-30000095): Continued Preliminary 
                 Design Review
of a renovation and expansion of an existing grocery store (Safeway).  Improvements
                 will include a 17,242 sq. ft. expansion of the floor area for a new total of 45,492 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.

            2. 1499 UNIVERSITY AVENUE[at Sacramento] (DR#10-30000018): Continued Preliminary Design
                 Review
of a new 16,738 sq. ft. hotel with a 6,289 sq. ft. garage on a vacant site. The hotel will comprise
                 3 stories with 38 hotel rooms, Manager’s office and apartment, hotel lobby, off-street parking, bicycle racks,
                 and roof terrace.

             3. 1901 RUSSELL STREET[at MLK Jr. Way] (UP#10-10000031): Referral for Advisory Design
                  Review
for new one-story Berkeley South Branch Library and Tool Lending Library.

V.         COMMUNICATIONS

VI.        DISCUSSION ITEMS

                      Recent buildings in Berkeley – best practices

VII.       BUSINESS MATTERS

                      Approval of Previous Meeting Minutes
                          A. Minutes from 06/17/2010 DRC Meeting
                               Recommendation: Approve Minutes

VIII.     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.