This meeting is held in a wheelchair accessible location.

February 18, 2009                                                                          North Berkeley Senior Center
7:00 PM                                                                                                             1901 Hearst Avenue


All written materials identified on this agenda are available on the Planning Commission



  1. Roll Call
  2. Order of Agenda: The Commission may rearrange the agenda or place additional agendized items on the Consent Calendar.
  3. Public Comment: Comments on subjects not included on the agenda. Speakers may comment on agenda items when the Commission hears those items.
    See “Public Testimony Guidelines” below.
  4. Planning Staff Report:  In addition to the items below, additional matters may be reported at the meeting.
  5. Chairperson’s Report:  Report by Planning Commission Chair.
  6. Committee Reports: Reports by Commission committees or liaisons. In addition to the items below, additional matters may be reported at the meeting.
  7. Approval of Minutes:  None.
  8. Future Agenda Items and Other Planning-Related Events.

CONSENT Calendar items.  None.

AGENDA ITEMS Matters for discussion and possible action.



On the Adequacy of the Draft EIR of the Downtown Area Plan



Hear and record public comments on Draft EIR.  Responses to comments will be made in a Final EIR.  Written comments can also be made before March 13. (See web site below for info.)


Written Materials:

Draft EIR may be downloaded at web site below, viewed at the Zoning Counter at the address below) or at the Central Branch of the Berkeley Public Library, or purchased at the address below.


Web Information: 


Continued From:





DAP Draft “Land Use” Chapter



Comment on a revised “Land Use” (LU) chapter to provide Staff with direction.  The Commission may remain divided and Staff will return to the Commission with a revised version of the chapter that seeks to resolve disagreements.


Written Materials:

Report in agenda materials for the meeting on February 11, 2009.


Web Information: 


Continued From:

January 14 & February 11.






DAP Revised “Environmental Sustainability" and “Historic Preservation & Urban Design” Chapters



Provide substantive direction on revised chapters.  For issues where Planning Commission appears divided, a “straw vote” may be taken.  The Commission’s direction will be incorporated into a final draft for review and approval in March.


Written Materials:

Report in agenda materials for the meeting on February 11, 2009.


Web Information: 


Continued From:

February 11.

ADDITIONAL AGENDA ITEMS: In compliance with Brown Act, no action may be taken on these items.  However, discussion may occur at this meeting upon Commissioner request.

Information Reports:

Communications:  (See “Procedures for correspondence to the Commissioners,” below).

Late Communications received at meeting on February 11 (available by request from the Planning Department and on the Planning Commission website):

Deborah Badhia, DBA, Comments on Land Use and Historic Preservation & Urban Design chapters, February 11, 2009.


Public Testimony Guidelines
Speakers are customarily allotted up to three minutes each.  The Commission Chair may limit the number of speakers and the length of time allowed to each speaker to ensure adequate time for all items on the Agenda.  To speak during Public Comment or during a Public Hearing, please submit a speaker card to the Secretary by 7:15 p.m., or at the Planning Department zoning counter by 5:00 p.m. (2120 Milvia).  Customarily speakers address agenda items when the items are before the Commission rather than during the general public comment period.

Speakers are encouraged to submit comments in writing.  See “Procedures for correspondence to the Commissioners” below.

Procedures for correspondence to the Commissioners:

Written material may be viewed in advance of the meeting at the Planning and Development Department, 2118 Milvia Street, First Floor, during working hours or at the Main Branch Library, Shattuck/Kittredge Streets, during regular library hours at the Reference Desk.

Accommodations Provided Upon Request. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Note:  If you object to a project or to any City action or procedure relating to the project application, any lawsuit which you may later file may be limited to those issues raised by you or someone else in the public hearing on the project, or in written communication delivered at or prior to the public hearing.  The time limit within which to commence any lawsuit or legal challenge related to these applications is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision.  Under Section 1094.6, any lawsuit or legal challenge to any quasi‑adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90‑day period, will be barred.


Please refrain from wearing scented products to public meetings.