LANDMARKS PRESERVATION COMMISSION
SPECIAL MEETING ANNOUNCEMENT AND AGENDA
print pdf version of agenda here
Date: Monday, September 23, 2013
Time: 3:00 p.m.
Place: 2120 Milvia Street, 2nd Floor
The Landmarks Preservation Commission (LPC) 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.
The Landmarks Preservation Commission consists of nine members appointed by the City Council (Commissioners in bold, Council members in parenthesis):
Austene Hall, Chair …….. (Arreguin)
Anne Wagley, Vice-Chair (Worthington)
Gary Parsons . . . . . . . . . (Capitelli)
Carrie Olson . . . . . ……... (Maio)
Christopher Linvill . . . . . (Anderson)
Miriam Ng . . . . . . . . . . . . (Moore)
Rose Marie Pietras . . . . . (Mayor Bates)
Paul Schwartz… . . . . . . . (Wengraf)
David Ruegg ………. . . (Wozniak)
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 Commissioners’ agenda packet, please submit written comments by Wednesday the week prior to the meeting. One set of “late communications” will be distributed to the Commissioners 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: Commissioners do not have an opportunity to read written materials handed out at the meeting.
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.
Landmarks Preservation Commission Secretary
(510) 981-7410 | email@example.com | 2120 Milvia Street, Berkeley CA 94704
Request for initiation of Landmark or Structure of Merit designation on a future agenda lies within the range of action to be considered on each structure or property appearing at any place on the agenda.
Due to the length of the LPC agenda, a Consent Calendar may be used to approve certain applications and actions at one time. The Consent Calendar may include:
- Routine business such as approval of minutes and items proposed for continuance.
- Public hearings on structural alteration permits that are apparently non-controversial, on which no adverse comment has been received, and for which no speaker cards have been turned in and no persons wishing to speak are present.
The Commission may place items on the Consent Calendar during Agenda Changes. Anyone present who wishes to speak on an item should raise his or her hand at that time and advise the Chairperson and the item will be pulled. Any applicant, member of the audience, or Landmarks Preservation Commissioner may require that an item not be placed on the Consent Calendar to allow for discussion and testimony (if currently posted for public hearing).
1. ROLL CALL
Please switch off power of 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 (Limit: three minutes per person; five minutes per organization)
4. AGENDA CHANGES
A. Consent Calendar
B. Other Changes
5. PUBLIC HEARINGS
A. 2000 Allston Way**
Request for Section 106 Consultation Berkeley Main Post Office
B. 2626 Bancroft Way**
Landmarks Preservation Commission review and comment on the nomination of University Art Museum to the Nation Register of Historic Places.
6. NOTICE CONCERNING LEGAL RIGHTS
If you object to a decision by the Landmarks Preservation Commission to approve or deny a designation or permit for a project, the following requirements and restrictions apply:
1. You must appeal to the City Council within fourteen (14) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Current Planning Division in writing to receive a Notice of Decision when it is completed.
2. Pursuant to Code of Civil Procedure, Section 1094.6(b), no lawsuit challenging a City Council decision to deny a permit or variance 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), which has been adopted by the City. Any lawsuit not filed within that ninety (90) day period will be barred.
3. Pursuant to Government Code, Section 65009(c)(5), no lawsuit challenging a City Council decision to approve (with or without conditions) a permit or variance 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), which has been adopted by the City. Any lawsuit not filed within that ninety (90) day period will be barred.
4. 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.
Room reservation expires at midnight. The Senior Center employee who monitors the center must be able to close the building by midnight at the latest. In order to comply with this standard, the meeting must adjourn by 11:45 p.m. to provide time to return the furniture to its original location, pack up meeting materials, and vacate the Senior Center.