This meeting is held in a wheelchair accessible location.

September 24, 2008  North Berkeley Senior Center
7:00 PM 1901 Hearst Avenue

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). 
Speakers are encouraged to submit comments in writing.  See “Procedures for correspondence to the Commissioners” below.


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.
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:  Draft minutes of September 10, final minutes of July 23.
8. Future Agenda Items and Other Planning-Related Events.

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.
AGENDA ITEMS: Matters for discussion and possible action.
9.  Discussion Housing Element Update Process 

Recommended Action: None.
Written Materials: Memorandum attached.
Web information:
Continued From: None.

10.  Discussion Bus Rapid Transit 

Recommended Action: None.
Written Materials: Report attached.
Web Information:
Continued From: None.

11.  Discussion /Action Discussion of Possible Schedule Change of Public Hearing to Remove Fast-Food Moratorium

Recommended Action: Consider rescheduling the Public Hearing to remove the fast-food moratorium to December 10, or another date after the November 4 election, as requested by the Downtown Berkeley Association and recommended by OED and Planning staff.
Written Materials: None.
Web Information: None.
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 a Commissioner request.
Information Reports:

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

  • Letter from Deborah Badhia, Executive Director of the Downtown Berkeley Association, dated September 15, 2008, regarding delay of the public hearing on removal of the downtown fast food moratorium.
  • Letter from Frances Strassman regarding wireless facilities, September 12, 2008
  • CEAC Recommendation on Bus Rapid Transit, dated June 5, 2008

Late Materials Received at the previous meeting:

  • Presentation slides for Southside Plan
  • Presentation slides for West Berkeley Circulation Master Plan (WBCMP)
  • Sample ranking criteria for capital projects in WBCMP
  • Letter from Robia Chang dated September 10, 2008 regarding changes to the SSP

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.