This meeting is held in a wheelchair accessible location.
PDF of Entire Agenda Packet

Wednesday, March 21, 2012                                                                                North Berkeley Senior Center
7:00 PM
                                                                                                               1901 Hearst Ave. / MLK Jr., Way 


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



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 and FUTURE AGENDA ITEMS:  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:   Approval of Draft Minutes of March 7, 2012.


CONSENT Calendar itemsSee “Consent Calendar Guidelines” below.

Agenda Items:  All agenda items are for discussion and possible action.  Public Hearing items require hearing prior to Commission action.


Public Hearing/Discussion/Action:

Zoning Ordinance Amendments to the Proposed Master Use Permit Process, BMC Chapter 23E36



Open the public hearing, take comment, and consider the following two changes to the Planning Commission’s previous recommendation concerning the Master Use Permit, BMC Chapter 23B.36:

1.   To allow buildings to exceed the 75 foot height limit, up to a maximum of 100 feet, as necessary to accommodate essential manufacturing processes that cannot “fit” within the 75 feet allowed [BMC 23B.36.050.A.2]; and

2.   To allow the maximum number of dwelling units to be calculated using the flexible development standards (not use changes) proposed for Master Use Permit Projects. [BMC 23B.36.050.B.2 & 3; 23B.36.050.C.]

Staff also recommends amending West Berkeley Plan to allow intermingling of uses between zoning districts within the boundary of a MUP site that straddles zoning district boundaries.


Written Materials:



Web Information:



Continued From:


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



LATE COMMUNICATIONS (Distributed at the meeting on March 7, 2012):

LATE COMMUNICATIONS (Received at the meeting on March 21, 2012, but not distributed):

• 5th and Channing Neighborhood Group, West Berkeley Project, DSEIR Comments
• Staff Debbie Sanderson, West Berkeley Project, MUP Additional Considerations, PowerPoint Presentation Handout
• Cathleen Quandt, West Berkeley Project, DSEIR Comments
• Commissioner Poschman, West Berkeley Project, DSEIR Comments, Amendments Set 1
• Commissioner Poschman, West Berkeley Project, DSEIR Comments, Amendments Set 2
• Joe DeCredico, Garcia DeCredico Studio, West Berkeley Project, DSEIR Comments
• Commissioner Patrick Sheahan, West Berkeley Project, DSEIR Comments, Height Estimates
• Peter Eakland, Peerless Greens Traffic Consultant, West Berkeley Project, DSEIR Comments, Transportation Analysis
• Peter Eakland, Peerless Greens Traffic Consultant, West Berkeley Project, DSEIR Comments, Support for Increased Residential Development in West Berkeley MU-R District
• Polly Armstrong, Co-CEO, and John DeClerq, Co-CEP, Berkeley Chamber of Commerce, West Berkeley Project, DSEIR Comments, Support of Increased Residential Development in West Berkeley
• Urban Ore, West Berkeley Project, DSEIR Comments


 Meeting Procedures

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 line up behind the microphone.  Customarily speakers are asked to 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.

Consent Calendar Guidelines
The Consent Calendar allows the Commission to take action with no discussion on projects to which no one objects. The Commission may place items on the Consent Calendar if no one present wishes to testify on an item.  Anyone present who wishes to speak on an item should submit a speaker card prior to the start of the meeting, or raise his or her hand and advise the Chairperson, and the item will be pulled from the consent calendar for public comment and discussion prior to action. 

Procedures for correspondence to the Commissioners:

Communications Are Public Records:  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.

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 981-6342(V) or 981-7075 (TDD), and/or Commission Secretary, at least three (3) business days before the meeting date.  Five (5) business days are needed to request a sign language or oral interpreter.

 Note:  If you object to a project or to any City action or procedure relating to the project application, any lawsuit which you ay 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‑ ad judicative 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.