AGENDA
DESIGN REVIEW COMMITTEE MEETING
Thursday September 16, 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.

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 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, October 21, 2010.

IV.             PROJECTS

1.    2996 SHATTUCK AVENUE [at Ashby] (DR#10-30000054): Final Design Review to remove an existing kiosk and storage building and construct a 983 sq. ft. convenience store, masonry trash enclosure, air/water station, two additional fuel dispensers, additional parking, and some new landscaping. 

2.    730 & 750 POTTER STREET (735 ASHBY AVENUE) [between Southern Pacific Railroad and Seventh] (DR#10-30000051): Preliminary Design Review of the construction of a 38 vehicle service bay structure consisting of 19,564 sq. ft. and a new 5,780 sq. ft. service reception canopy on 750 Potter Street. 735 Ashby includes the removal of an existing glass portico and the addition of a new storefront.

V.                COMMUNICATIONS

VI.             DISCUSSION ITEMS

Recent buildings in Berkeley – best practices

VII.          BUSINESS MATTERS

Approval of Previous Meeting Minutes

A.   Minutes from 08/19/2010 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.

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