General Information
General Information

LANDMARKS PRESERVATION COMMISSION
SPECIAL MEETING
AGENDA 

Date:   Thursday, July 19, 2012
Time:   6:00 p.m.
Place:  North Berkeley Senior Center, 1901 Hearst Avenue, Classroom A&B, 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/landmarkspreservationcommission/.

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)
Vacant ...........................................(Wozniak)

Wheelchair ICONADA 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.

COMMUNICATIONS
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 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 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.

CONTACT
Sally Zarnowitz, Landmarks Preservation Commission Secretary
(510) 981-7410, LPC@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
    (Limit: 3 minutes per person; 5 minutes per organization)

4. ACTION ITEM   
    Minutes: Approve June 7, 2012 LPC special Acheson Design Review meeting draft comments**

5. PUBLIC HEARING

1. ACHESON COMMONS (1987 Shattuck Avenue, 2111-2113 University Avenue, 2125-2145 University Avenue, 1922 & 1930 Walnut Street)
[between Shattuck and Walnut] (Landmark Alteration Permit #10-40000020 & Design Review #10-30000069): Preliminary Design Review
to
rehabilitate and construct new buildings within the existing footprint of the McFarlane Building (1979-87 Shattuck), and the Ace Hardware Building (2145
University Avenue); to rehabilitate the facades of the Acheson Physicians Building (2125 University Avenue); and the relocation or demolition of the buildings
at 1922 & 1930 Walnut Street to allow the construction of a new mixed use building. **see 7/19/2012 DRC Agenda

 6. ADJOURN


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.

 

Home | Residents | Businesses | Visitors | Services | Elected Officials
Web Policy | Text-Only Site Map | Contact Us
City of Berkeley - Central Administrative Offices, 2180 Milvia St, Berkeley, CA 94704
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###