AGENDA
DESIGN REVIEW COMMITTEE MEETING
Thursday, April 21, 2011 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. 

           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, May 19, 2011.

IV.     PROJECTS
    
         1. 3001 TELEGRAPH AVENUE [at Ashby] (DR#11-30000024): Final Design Review of a new mixed use
             5 story building with 38 residential units over 4039 square feet of commercial space and a 42 car garage over
             ground level.

V.     COMMUNICATIONS

         1. AMENDMENTS TO DOWNTOWN DESIGN GUIDELINES Follow up memo with revised outline for amending
             Guidelines with the development of the Downtown Area Plan and associated zoning amendments.

VI.     DISCUSSION ITEMS

          Basic requirements for Preliminary Design Review (PDR) in light of recent projects

          Recent buildings in Berkeley – best practices.

VII.     BUSINESS MATTERS

                    Approval of Previous Meeting Minutes
                          A. Minutes from 03/17/2011 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.