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General Information
General Information



This meeting is held in a wheelchair accessible location.

Please click here for a PDF version of the Agenda 

Wednesday, April 15, 2009, 7:00 PM
North Berkeley Senior Center, 1901 Hearst Avenue



All written materials identified on this agenda are available on the Planning Commission webpage: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=13072


  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 11March 18April 1, and April 6, 2009
  8. Future Agenda Items and Other Planning-Related Events

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

  • None

AGENDA ITEMS: Matters for discussion and possible action 






Consider an overview of the Final EIR, after which Planning Commission may discuss the Final EIR for the Downtown Area Plan (DAP).


Written Materials:

Staff Report provided in Agenda packet.

Public comments on the Draft EIR can be viewed immediately at: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=33630

It is anticipated that the Final EIR will be posted at the same web address on Tuesday, April 14, and that copies of the Final EIR will couriered to Commissioners the same day.  Planning Commission may revise its DAP recommendations for City Council at a later date, after adequate time for FEIR review.

To request the FEIR, contact Matt Taecker at mtaecker@ci.berkeley.ca.us or 510-981-7487.


Continued From:




Revised Final Draft for Planning Commission Adoption



Planning Commission should adopt its Final Draft of the Downtown Area Plan, which will be forwarded to City Council for consideration.  Amendments may be made to any aspect of the “Revised Final Draft for Planning Commission Adoption,” before the Commission takes action on the whole document.  Planning Commission should also recommend revisions to Berkeley’s General Plan needed for DAP-General Plan consistency.  Planning Commission may revise its recommendations for City Council after further consideration of the DAP Final EIR.


Written Materials:

Staff Report provided in Agenda packet and includes Revised Final Draft of DAP and recommendations regarding revisions to Berkeley’s General Plan needed for DAP-General Plan consistency.

Revised Final Plan can be downloaded from the internet at: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=10828

The Revised Final Draft can also be viewed at the Central Branch Library reference desk and at the Zoning Counter at 2120 Milvia.  And it can be requested by contacting Matt Taecker at mtaecker@ci.berkeley.ca.us or 510-981-7487.


Continued From:

Multiple meetings beginning January 2008, most recently April 6






Planning Commission may recommend that specified Study Areas be considered by City Council as locations where building height and land use designations might changed, after adoption of the DAP and after environmental analysis has evaluated potential impacts.


Written Materials:

Staff Report provided in Agenda packet and can be downloaded from the internet at: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=11718

And it can be requested by contacting Matt Taecker at mtaecker@ci.berkeley.ca.us or 510-981-7487.


Continued From:

Part of discussion on Final Draft of DAP on April 1.

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).

Late Communications received after distribution of the April 15 agenda packet

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

  • Staff Revised DAP Allowable Heights Map
  • Staff Revised DAP Allowable Uses Language
  • BAHA Letter Against Tall Buildings
  • AFL-CIO Letter Against Tall By-Right Hotel Heights
  • Local 2850 Letter Against Tall By-Right Hotel Heights
  • Keller For Keeping Residential Zoning at 2029 Channing
  • Nicoloff on Hazards Associated with Tall Buildings
  • Walker on Recommended Changes to DAP Policies
  • Wendt for Alta-Bates Summit on 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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