Agenda
Special Joint Meeting
Landmarks Preservation Commission
Zoning Adjustments Board

Special Meeting Start Time & Location
Thursday, April 14, 2011 -- 6:00 pm
(ZAB’s regular meeting will occur after conclusion of the Special Joint
LPC-ZAB meeting, and not before 7:00 p.m.)

City Council Chambers, 2134 Martin Luther King Junior Way.
Berkeley, CA  94704  (Wheelchair Accessible)

The purpose of this Special Joint Meeting of the Landmarks Preservation
Commission and the Zoning Adjustments Board is have each Board/Commission
receive testimony from the public at the same public meeting where each
Board/Commission
 can potentially take action on the proposed projects. 

Public Testimony Guidelines
The Chairperson may limit the number of speakers and the length of time allowed to each speaker.  To speak
at a public hearing, complete a speaker card and submit to Planning Staff (1) as early as possible at the meeting,
or (2) at the Land Use Planning Division, 2120 Milvia Street, 2nd floor, before 4:00 pm on the day of the hearing. 

At the start of the meeting the Chairperson may rearrange the agenda or place additional agenda items on the
Consent Calendar, so it is important to submit speaker cards at the start of the meeting to avoid losing the chance
to speak to an item.

The City encourages the public to submit comments in writing or by e-mail in advance of the meeting.  See
Correspondence and Notice of Decision Requests at the end of this Agenda for procedures.

How to Contact Us:  Land Use Planning Division (Attn: Steven Buckley, Principal Planner), 2120 Milvia Street,
Berkeley, CA 94704; (510) 981-7410; sbuckley@cityofberkeley.info 


Roll Call: 

LPC: 
Gary Parsons, Chairperson, appointed by Councilmember Capitelli
Carrie Olson, Co-Chairperson, appointed by Councilmember Maio
Austene Hall, appointed by Councilmember Arreguin
Christopher Linvill, appointed by Councilmember Anderson
Miriam Ng, appointed by Councilmember Moore
Antoinette Pietras, appointed by Mayor Bates
Paul Schwartz, appointed by Councilmember Wengraf
Anne Wagley, appointed by Councilmember Worthington
Steve Winkel, appointed by Councilmember Wozniak

ZAB:   
George Williams, Chairperson, appointed by Councilmember Capitelli
Michael Alvarez Cohen, Vice-Chairperson, appointed by Councilmember Wozniak
Robert Allen, appointed by Councilmember Wengraf
Toya Groves, appointed by Councilmember Anderson
Edward Kopelson, appointed by Councilmember Moore
Deborah Matthews, appointed by Mayor Bates
Elisa Mikiten, appointed by Councilmember Maio
Bertha Alicia Romo, appointed by Councilmember Worthington
Sara Shumer, appointed by Councilmember Arreguin  

Public Comment: 
Each Speaker is limited to a maximum of three minutes.

Ex Parte Communication Disclosures:

New Hearings:

1.  Final EIR for South and West Branch Library Projects
    

2. 1125 University Avenue: 
     Use Permit #10-10000045 and Demolition Permit #10-40000015 to demolish the existing single-story, 6,230
     square foot City of Berkeley Structure of Merit (the West Branch Library) to construct a new branch library with
     9,400 square feet and a small second story
     Applicant:               Harvey Ellis Devereux, Attn: Edward Dean, AIA, 
                                        2430 Fifth St., Studio M,
                                        Berkeley, CA 94710
     Property Owner:   Berkeley Public Library, 
                                        c/o Director Donna Corbeil,
                                        2031 Bancroft Way, 3rd floor, 
                                        Berkeley, CA 94704
     Staff Planner:         Aaron Sage, Senior Planner


3. 1901 Russell Avenue:
     Use Permit #10-10000031 to demolish the existing single-story, 5,400 square foot South Branch Library and
     Tool Library in order to construct a new branch library and tool library (the South Branch Library) with 8,656
     square feet. (Includes referral of demolition to LPC under BMC Section 23C.08.050.C.)
     Applicant:             Field Paoli Architects, 
                                     Attn: Avery Taylor Moore,
                                     150 California Street, 7th Floor,
                                     San Francisco, CA 94111
    Property Owner:  Berkeley Public Library, 
                                     c/o Director Donna Corbeil,
                                     2031 Bancroft Way, 3rd floor,
                                     Berkeley, CA 94704
     Staff Planner:      Aaron Sage, Senior Planner


Correspondence and Notice of Decision Requests
• 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.
• To distribute correspondence to Board and Commission members prior to the meeting date -- submit
comments by 12:00 noon, seven (7) days before the meeting.  Please provide 15 copies of any correspondence
with more than ten (10) pages or if in color or photographic format.
• Correspondence received by 5:00 pm on Tuesday before the meeting will be posted on the City web site for review
by the Board, Commission and public prior to the meeting. Correspondence received later, and after the meeting, will
be posted to the web site following the meeting.
• Any correspondence received after this deadline will be given to Board and Commission members on the meeting
date just prior to the meeting.
• Staff will not deliver to Board or 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 early in the meeting.  To distribute correspondence
at the meeting, please provide 15 copies and submit to the Zoning Adjustments Board Clerk just before or at the
beginning of the meeting.
• Written comments, or a request for a Notice of Decision should be directed to the Land Use Planning Division
(Attn: Steven Buckley, Principal Planner), 2120 Milvia Street, Berkeley, CA 94704 OR at sbuckley@cityofberkeley.info 

clip_image001.jpg  Accessibility Information / ADA Disclaimer
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.

SB 343 Disclaimer
Any writings or documents provided to a majority of the Board or Commission regarding any item on this agenda will
be made available for public inspection at the Permit Service Center, Planning and Development Department located
at 2120 Milvia Street, Berkeley, during regular business hours.

Notice Concerning Your Legal Rights
If you object to a decision by the Zoning Adjustments Board or Landmarks Preservation Commission regarding a land
use permit project, 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 Zoning Adjustments
Board or Landmarks Preservation Commission at, or prior to, the public hearing.
2. You must appeal to the City Council within fourteen (14) days after the Notice of Decision of the action of the Zoning Adjustments Board or Landmarks Preservation Commission is mailed.  It is your obligation to notify the Land Use
Planning Division in writing of your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and 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.
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:
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.