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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 


February 11, 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:

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

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

AGENDA ITEMS: Matters for discussion and possible action.

9.  DISCUSSION/ACTION: Consider Revisions to DAP Land Use Area Boundaries
Action: Direct Staff regarding land use area boundaries for the DAP Land Use Map, either as an additional alternative or as a new “preferred” alternative.   Consider CEQA implications of revised boundaries.
Written Materials: No new materials.  Commissioners may want to refer to Draft Land Use Map and Staff Report in agenda packet for 1/14/09.
Web Information: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=832
Continued From: January 14.
10. DISCUSSION: DAP Draft “Land Use” Chapter
Action: Comment on a revised “Land Use” (LU) chapter to provide Staff with direction.  The Commission may remain divided and Staff will return to the Commission with a revised version of the chapter that seeks to resolve disagreements.
Written Materials: Report attached.
Web Information: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=832
Continued From: January 14.

11. ACTION: DAP Revised “Environmental Sustainability" and “Historic Preservation & Urban Design” Chapters
Action: Provide substantive direction on revised chapters.  For issues where Planning Commission appears divided, a “straw vote” be should taken.  The Commission’s direction will be incorporated into a final draft for review and approval in March.
Written Materials: Report attached.
Web Information: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=832
Continued From: 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: 

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

  • Letter from John English re: DAP Historic Preservation & Urban Design Chapter, dated February 4, 2009.  (Also included as attachment to Item 11.)
  • Land Use Chapter Comments revised by staff, tracked changes proposed by Samuels, Pollack, Clarke, Stoloff, dated 1/29/09

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

February 4, 2009

  • Report from Mark Rhoades:  “Recommendations for Improving Our City’s Privately-Owned Public Open Spaces” published by SPUR, November 19, 2008.
  • Article from Jim Novosel and Mark Rhoades: “Office towers built for daily grind also provide places to unwind in comfort” by John King, San Francisco Chronicle, February 3, 2009.
  • Memo from Steven Finacom: DAP Streetscape and Open Spaces, Suggestions for Revisions, February 4, 2009.
  • Memo from Deborah Badhia, Downtown Berkeley Association, Comment on Center Street Plaza, February 4, 2009.
  • Suggested edits to DAP Access and Streets & Open Space chapters from Jim Novosel, on Center Street Plaza and Publicly Accessible Groundfloor Open Space.
  • Suggested edits to DAP Access chapter from Victoria Eisen, on bicycle facilities.


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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