LANDMARKS PRESERVATION COMMISSION
& DESIGN REVIEW COMMITTEE
JOINT SPECIAL MEETING
Date: Thursday, March 29, 2012
Time: 7:00 p.m.
Place: North Berkeley Senior Center, 1901 Hearst Avenue, Main Room, Berkeley
The Landmarks Preservation Commission (LPC) and Design Review Committee (DRC) agenda packet is available
for review at the Berkeley Main Public Library at 2090 Kittredge Street and at the Permit Service Center at 2120
Milvia Street 3 to 5 days prior to the meeting. The agenda and staff report for this meeting will be available online 3 to
5 days prior to this meeting at: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=13016 or http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=12678.
The Landmarks Preservation Commission consists of nine members appointed by the City Council (Commissioners
in bold, Council members in parenthesis):
Carrie Olson, Chair (Maio)
Austene Hall, Vice-Chair (Arreguin)
Gary Parsons (Capitelli)
Christopher Linvill (Anderson)
Miriam Ng (Moore)
Rose Marie Pietras (Mayor Bates)
Paul Schwartz (Wengraf)
Anne Wagley (Worthington)
Steve Winkel (Wozniak)
The Design Review Committee consists of seven members appointed by the Zoning Adjustments Board, Landmarks Preservation Commission and Civic Arts Commission:
Adam Woltag Chair (Zoning Adjustments Board)
Jim Goring, Vice-Chair (Zoning Adjustments Board)
Robert Allen (Zoning Adjustments Board)
David Blake (Civic Arts Commission)
Carrie Olson (Landmarks Preservation Commission)
George Williams (Zoning Adjustments Board)
Charles McCulloch (Zoning Adjustments Board)
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 inclusion in the agenda packet, please submit written comments by Wednesday the week prior to the
meeting. One set of “late communications” will be distributed to two days before the meeting. Please submit
any material for distribution as “late communications” no later than 12 noon on the Tuesday prior to the
meeting. Please be advised: members do not have an opportunity to read written materials handed out at the
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 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 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 commission or committee for further information.
Sally Zarnowitz, Landmarks Preservation Commission Secretary
(510) 981-7410, LPC@ci.berkeley.ca.us, 2120 Milvia Street, Berkeley, CA 94704
Anne Burns, Design Review Committee Secretary
(510) 981-7410, DRC@ci.berkeley.ca.us, 2120 Milvia Street, Berkeley, CA 94704
1. ROLL CALL
Please turn off power to all cellular phones during the meeting, as the frequency disrupts the recording process.
2. EX-PARTE COMMUNICATIONS
In the context of adjudicative matters that come before the LPC, ex-parte communications are those which occur
outside of the formal hearing process. LPC members should avoid ex-parte contacts on matters pending before
the LCP as much as possible, as they may represent, or be perceived to represent, the receipt of evidence that can
unfairly influence a decision on a matter before the Commission. If such contacts do occur, they must be placed in
the record and disclosed to all interested parties sufficiently in advanced of the decision to allow rebuttal.
3. PUBLIC COMMENT – Items not listed on the agenda
(Limit: 3 minutes per person; 5 minutes per organization)
4. PUBLIC HEARING
Acheson Commons – Preliminary Design Review
Landmark Alteration Permit #10-40000020& Design Review #10-30000069
1987 Shattuck Avenue, 2111-2113 University Avenue, 2125-2145 University Avenue & 1922 & 1930 Walnut
Street (main address: 2133 University Avenue)
• THE FACADES OF THE BUILDING KNOWN AS THE MCFARLANE BUILDING (1987 SHATTUCK/2111-13
UNIVERSITY), AND THE ACE HARDWARE BUILDING (2145 UNIVERSITY AVENUE) WOULD BE REHABILITATED
AND NEW BUILDINGS WOULD BE CONSTRUCTED WITHIN THE EXISTING FOOTPRINT TO CONTAIN NEW
DWELLINGS WITHIN NEW SIX-STORY BUILDINGS;
• THE FACADES OF THE BUILDING KNOWN AS ACHESON PHYSICIANS BUILDING (2125 UNIVERSITY
AVENUE) WOULD BE REHABILITATED AND THE NEW DWELLINGS WOULD REPLACE THE OFFICE USE; AND
• THE BUILDINGS AT 1922 & 1930 WALNUT STREET WOULD BE RELOCATED TO A SUITABLE NEW LOCATION
OR DEMOLISHED TO ALLOW THE CONSTRUCTION OF A NEW MIXED USE BUILDING WITH THREE GROUND
FLOOR LIVE/WORK UNITS AND 78 NEW DWELLING UNITS WITHIN A SIX STORY BUILDING.
• LANDMARKS ALTERATION PERMIT TO REHABILITATE AND/OR EXPAND CITY OF BERKELEY LANDMARK BUILDINGS;
• DESIGN REVIEW TO ALLOW THE CONSTRUCTION OF NEW FLOOR AREA AND BUILDINGS;
• USE PERMIT TO PROVIDE LESS THAN THE MINIMUM NUMBER OF RESIDENTIAL PARKING SPACES;
• USE PERMIT TO PROVIDE LESS THAN THE MINIMUM SQUARE FOOTAGE OF USABLE OPEN SPACE;
• USE PERMIT TO DEMOLISH 2 RESIDENTIAL BUILDINGS AND TO ELIMINATE 8 DWELLING UNITS;
• USE PERMIT TO CONSTRUCT MORE THAN 5,000 SQ FT OF NEW FLOOR AREA;
• USE PERMIT TO EXCEED THE 3-STORY/36-FOOT HEIGHT LIMIT;
• USE PERMIT TO CREATE THREE LIVE-WORK UNITS;
• VARIANCE TO EXCEED THE C-1 DISTRICT 4-STORY/50-FOOT HEIGHT LIMIT; AND
• VARIANCE TO EXCEED THE C-1 DISTRICT FLOOR AREA RATIO LIMIT OF 3.0.
APPLICANT: EQUITY RESIDENTIAL, 26970 ALISO VIEJO PARKWAY #250, ALISON VIEJO, CA 92656
ZONING DISTRICT: C-1, GENERAL COMMERCIAL
ENVIRONMENTAL REVIEW STATUS: AN ENVIRONMENTAL IMPACT REPORT IS BEING PREPARED.
FURTHER INFORMATION: QUESTIONS ABOUT THE PROJECT SHOULD BE DIRECTED TO THE PROJECT
PLANNER, GREG POWELL, AT (510) 981-7414 OR GPOWELL@CI.BERKELEY.CA.US. ALL PROJECT
APPLICATION MATERIALS, INCLUDING FULL-SIZE PLANS, MAY BE VIEWED AT THE PERMIT SERVICE
CENTER (ZONING COUNTER), 2120 MILVIA STREET, DURING NORMAL OFFICE HOURS AND ONLINE AT: HTTP://WWW.CI.BERKELEY.CA.US/CONTENTDISPLAY.ASPX?ID=62168, LISTED UNDER 2133 UNIVERSITY
NOTICE CONCERNING YOUR LEGAL RIGHTS
IF YOU OBJECT TO A DECISION BY THE LANDMARKS PRESERVATION COMMISSION OR 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 CITY COUNCIL WITHIN FIFTEEN (15) DAYS OF THE DATE OF THE ACTION OF THE LANDMARKS PRESERVATION COMMISSION OR 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.