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

Wednesday, October 2, 2013                                                                                  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:    


 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:  Approval of Draft Minutes of September 18, 2013.

 8.  Future Agenda Items and Other Planning-Related Events
:  None

CONSENT CALENDAR ITEMS (see “Consent Calendar Guidelines” below):  None

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

 9.  Public Hearing:                       Public Hearing – Civic Center Overlay Zoning Council Referral. 
:      Open a Public Hearing to hear public testimony; consider the Council Referral
                                                       and CX Staff Report. 
      Written Materials:                   Attached. 
      Web Information:                    None. 
      Continued From:                    None.

10. Discussion/Action:                Consider revised Findings for the rezoning of two parcels:  the
                                                       remaining portion of APN 060-235200100, and the entirety of
                                                       APN 060-235500802. 
       Recommendation/Action:     Recommend rezone to the Council. 
       Written Materials:                  Attached. 
       Web Information:                   None.

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.

Information Reports:  None.

 Communications in packet:
    • Anthony Bruzzone, Berkeley Design Advocates, Letter Re: Downtown Post Office, dated 9/20/13. 
    • Susan Cerny, The Berkeley Architectural Heritage Association (BAHA), Letter Re: Civic Center Historic
       District Zoning Overlay, dated 9/20/13. 
    • Eric Panzer, Livable Berkeley Board of Directors, Letter Re: Downtown Berkeley Main Post Office, dated
    • Distributor unknown, Document Re: Going Postal, dropped off at Planning Department on 9/24/13. 
    • City of Berkeley and Bayer HealthCare 30-Year Development Agreement Compliance Report 2012.
       Please note:  Copies of this document were distributed to the Planning Commission. A copy is available
       for viewing at the Berkeley Public Library, 2090 Kittridge, and City of Berkeley, Planning & Development,
       Permit Service Center, 2120 Milvia St., 1st Floor.

Late Communications:
The following Late Communications were received after the deadline and distributed at the meeting on 10/2/13:
    • Doug Wiele, Managing Member, Foothill Partners/Gilman Partners LLC, @
       West Berkeley Rezone
    • Allison Thomas, Zoning for Historical District
    • Tom Russell, Contracting Officer, United States Postal Service, U.S. Postal
       Property at 2000 Allston Way, Berkeley, Proposed Council Action and Extension
       of Section 106 Comment Period
    • Mike Lonergan, Presidential Document, Executive Order 13006 of 5/21/96,
       Locating Federal Facilities on Historic Properties in our Nation’s Central Cities 
    • Mike Lonergan, Presidential Document, Executive Order 12072, dated 8/16/78,
       Federal Space Management

The following Late Communication was received the afternoon of the meeting on 9/18/13, and distributed at the meeting: 
    • Roland Peterson, Telegraph Business Improvement District, Letter Re: Homeless Shelters, dated 9/16/13.

The following Late Communications were received at the meeting on 9/18/13, and distributed at the meeting:
    • Chris Engl, Document Re: Washington’s ‘Fair Housing’ Assault on Local Zoning, dated 9/6/13.
    • Berkeley Citizens Present at Planning Commission Meeting on 9/4/13, Document Re: Historic Distriction
       Zoning Ordinance Testimony, dated 9/17/13.
    • Planning Commissioner Gene Poschman, Document Re: Required findings and procedures for the first
       Berkeley General Plan enactment by Council in 2002, dated 9/18/13.


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:
To distribute correspondence to Commissioners prior to the meeting date, submit comments by 12:00 p.m. (noon), eight (8) days before the meeting day (Tuesday) (email preferred). 
    • If correspondence is more than twenty (20) pages, requires printing of color pages, or includes pages larger
       than 8.5x11 inches, please provide 15 copies. 
    • Any correspondence received after this deadline will be given to Commissioners on the meeting date just prior
       to the meeting. 
    • Staff will not deliver to Commissioners any additional written (or email) materials received after 12:00 noon on
       the day of the meeting. 
    • Members of the public may submit written comments themselves early in the meeting.  To distribute
      correspondence at the meeting, please provide 15 copies and submit to the Planning Commission
      Secretary just before or at the beginning of the meeting. 
    • Written comments should be directed to the Planning Commission Secretary at the Land Use Planning
      Division (Attn: Planning Commission Secretary).

Communications are Public Records:  Communications to Berkeley boards, commissions, or committees are public records 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 accommoda-tion(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 the 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 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.