SPECIAL MEETING AGENDA
DESIGN REVIEW COMMITTEE MEETING
Thursday, December 13, 2012 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
            Adam Woltag, Chair (Appointed by Zoning Adjustments Board) 
            Jim Goring, Vice-Chair (Appointed by Zoning Adjustments Board) 
            Robert Allen (Zoning Adjustments Board)
            David Blake (Civic Arts Commission)
            Charles McCulloch (Appointed by Zoning Adjustments Board)
            Carrie Olson (Landmarks Preservation Commission)
            George Williams (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, January 17, 2013.

IV.        PROJECTS 

             1. 2855 TELEGRAPH AVENUE [between Oregon St. and Russell St.] (DR#12-30000043): Appeal of
                 Staff Level Design Review to upgrade an existing telecommunication facility by adding three microwave
                 dishes measuring 1’ in diameter, face mounted on an existing penthouse wall of a seven story commercial
                 building. 

             2. 1908 SHATTUCK AVENUE [at Hearst] (DR#12-30000040): Final Design Review of a three-story
                 addition to an existing commercial building at 1906 Shattuck.

             3. 2024 DURANT [between Milvia St. and Shattuck Ave] (DR# 12-30000021): Preliminary Design
                 Review Modification to construct a 96 unit student housing project with a mix of one, two, three, and four
                 bedroom units and basement parking with 35 parking spaces. 

              4. 3100 SHATTUCK AVENUE [at Prince St.] (DR #12-30000045): Preliminary Design Review to raise
                  an existing 943 sq. ft. single family dwelling to a create 1,009 sq. ft. ground floor retail commercial space
                  and a 1,009 sq. ft. residential unit above.

               5. 2701 SHATTUCK AVENUE [at Derby St.] (DR#12-30000059): Preview to construct a mixed-use
                   development with 69 residential units, a 7000 sf. restaurant, and 42 parking spaces.

.
V.           COMMUNICATIONS

                • Bayer Annual Report on the 30-Year Development Agreement Plan for 2011

                • 2013 Design Review Committee Meeting Dates


VI.           DISCUSSION ITEMS

                • Recent buildings in Berkeley – best practices


VII.          BUSINESS MATTERS 

                Approval of Previous Meeting Minutes
                     A. Minutes from 11/15/2012 DRC Meeting
                          Recommendation: Approve Minutes

VIII.          INFORMATION / COMMUNICATION

 IX.          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.