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

Wednesday, October 16, 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. Election of Chair and Vice Chair

 2. Roll Call.

 3. Order of Agenda:  
The Commission may rearrange the agenda or place additional
    agendized items on the Consent Calendar.

 4. 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.

 5. Planning Staff Report:  In addition to the items below, additional matters may be
     reported at the meeting.

 6. Chairperson’s Report:  Report by Planning Commission Chair.

 7. Committee Reports:  Reports by Commission committees or liaisons. In addition to
     the items below, additional matters may be reported at the meeting.

 8. Approval of Minutes:  Approval of Draft Minutes of October 2, 2013.

 9. 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.

10. Public Hearing:                     Appeal of Proposal to Merge Two Lots at 2750 Cedar Street
                                                        (Assessor’s Parcel No. 058 2211 02 000) and 0 La Vereda
                                                        (Assessor’s Parcel No. 058 2211 01 1802) 
Affirm the determination of the Director of Planning and
                                                        Development that the property known as 2750 Cedar Street
                                                         (Assessor’s Parcel No. 058 2211 02 000) and 0 La Vereda
                                                         (Assessor’s Parcel No. 058 2211 01 1802) is merged pursuant
                                                         to the requirements of the City’s Merger Ordinance, Chapter
                                                         21.52 of the Berkeley Municipal Code, and Section 66451.11
                                                         of the California Government Code. 
     Written Materials:                   Attached. 
     Web Information:                    None. 
     Continued From:                     None.

11. Discussion/Action:               Council Referral:  Consider Changes to Telegraph Avenue
                                                         Floor Area Ratios 
Provide feedback regarding options and staff proposal. Direct
                                                          staff to set Public Hearing as appropriate. 
      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:  None. 

Late Communications (received at the meeting):  

Late Communications (received and distributed at the Planning Commission meeting on 10/2/13): 

    • Moni Law, Berkeley Resident, Zoning Overlay for Historic District; 
    • United States Postal Service, Notice of Approval – Relocation of Berkeley Post Office; 
    • Harvey Smith, Testimony for Planning Commission, Berkeley Civic Center; 
    • Ron Heglin, Berkeley Post Office; 
    • Letter to Senator Dianne Feinstein, Historical Post Office in Berkeley; 
    • The Committee to Save the Berkeley Post Office (Harvey Smith, Gray Brechin, Ph.D,
      David Welch, Ying Lee, Margot Smith), Berkeley’s Civic Center; 
    • Ordinance to Establish a Civic Center Historic District Overlay and Set Forth Use Limitations
      and Development Standards within the Overlay District. 


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 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 meeting