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Department of Planning & Development
Department of Planning & Development


This meeting is held in a wheelchair accessible location.

Please click here for a PDF version of the Agenda


March 18, 2009, 7:00pm to 10:30pm
North Berkeley Senior Center,1901 Hearst Avenue



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:  March 4, 2009.
  8. Future Agenda Items and Other Planning-Related Events.  A final draft of the Downtown Area Plan will be before the Commission on April 1, 6, and 15 -- with April 6 noticed as a Public Hearing for commenting on the DAP.  The April 1 meeting will begin at 6pm to consider Water Emerging Transit Authority ferry alternatives.  The Commission will consider West Berkeley and the Housing Element on March 25.

CONSENT CALENDAR ITEMS. See “Consent Calendar Guidelines” below.


AGENDA ITEMS. Matters for discussion and possible action.  See next page.




Issues Remaining in DAP Revised “Historic Preservation & Urban Design,” “Housing and Community Health & Services" “Economic Development,” and “Streets & Open Space” chapters



Provide substantive direction on unresolved issues within revised DAP chapters.  A non-binding “straw vote” may be taken.  The Commission’s direction will be incorporated into a final draft for review and approval in April.


Written Materials:

See Staff report.  Individual chapters discussed in Staff reports for meetings on February 4 + 11 and March 11, 2009.


Web Information: 


Continued From:

February 4, 18 + 11, and March 4 + 11, 2009.




DAP Draft “Land Use” Chapter with Policies and Maps



Provide substantive direction on revised chapter, and “study areas” for possible Land Use Map amendments after DAP adoption.  A non-binding “straw vote” may be taken.  The Commission’s direction will be incorporated into a final draft for review and approval in April.


Written Materials:

Report in agenda materials on March 11, 2009.


Web Information:


Continued From:

February 18 and March 11, 2009.

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

  • Staff draft map of DAP “Study Areas” depicting areas where City should consider taller buildings than the DAP will permit, after adequate environmental review has occurred.
  • John English email explaining Planning Commission’s role in developing Design Guidelines and how Landmarks Preservation Commission would use such Guidelines.

Late Communications received at previous meetings (available by request from the Planning Department and on the Planning Commission website):

Late communications received at 3-11-08 meeting:

  • Stephen Wollmer letter on CEQA review standards being applicable to historic resources, even if such resources are not listed or determined to be eligible for State or local registers.
  • Staff hand out on expanding Land Use Map boundaries, such that significant impacts are avoided.
  • DAP DEIR language on mitigating impacts on potential historic district(s).
  • David Mayeri letter suggesting revised DAP policy language on Noise Ordinance revisions that would support Downtown music and entertainment venues.
  • Mark McLeod letter in support of Mayeri music club proposal for UC Theater.
  • Barry Luboviski letter suggesting DAP policy language in support of fair wages and youth programs.
  • Wilson Wendt letter on Alta Bate’s objections to draft DAP policy language for Herrick site.
  • Staff handout suggesting revised DAP policy language for Herrick site.


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 Street).  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, seven (7) days before the meeting.  Please provide 15 copies of any correspondence with more than ten (10) pages.
  • 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).

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.




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