AGENDA
REGULAR MEETING OF THE PLANNING COMMISSION

This meeting is held in a wheelchair accessible location.

Please click here for a PDF version of the Agenda 

 

December 10, 2008, 7:00 PM 
North Berkeley Senior Center, 1901 Hearst Avenue

See “MEETING PROCEDURES” below.

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

PRELIMINARY MATTERS
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:  Draft minutes of November 19final minutes of November 5.
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.

9. PUBLIC HEARING: Remove Downtown “Fast Food” Prohibition
Action: Conduct a public hearing and upon conclusion recommend amendments to remove the prohibition on Carryout Food Store and Quick Service Restaurants in the downtown.
Written Materials: Report attached.
Web information: None.
Continued From: None.

10. PUBLIC HEARING: Columbaria as Incidental to Religious Assembly
Action: Conduct a public hearing and upon conclusion recommend amendments allowing columbaria as an incidental use to “religious assembly uses”.
Written Materials: Report attached.
Web Information: None.
Continued From: None.

11. DISCUSSION / Information: Water Transit Authority (WTA) Draft Environmental Impact Report (EIR) on proposed ferry system with service to Berkeley
No Action: Consider the information provided on the potential environmental impacts of the proposed ferry service and provide feedback to planning staff for comments on the EIR.
Written Materials: None. (Executive Summary and CD of the EIS/EIR provided in November 19, 2008 packet.)
Web Information: http://www.watertransit.org/
Continued From: None.
  
12. DISCUSSION: Senate Bill 375
No Action: Consider staff presentation on the implications of SB 375.
Written Materials: · SB 375 text; League of California Cities Technical Overview; CP&DR summary by William Fulton
Web Information: None.
Continued From: None.
  
13. ACTION: 2009 Calendar
Action: Adopt meeting schedule for 2009.
Written Materials: Memorandum attached.
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 Commissioner request.

Information Reports:
14. Notice of Preparation of Environmental Impact Report for the Lawrence Berkeley National Laboratory Helios Energy Research Facility in a new location, December 1, 2008.

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

  • Note from Merrilee Mitchell, corrections to November 5 draft minutes. 
  • Public remarks from Jim Bohar to the Planning Commission regarding the West Berkeley Project, from November 19, 2008 meeting. 
  • Notice of Preparation of a NEPA Environmental Assessment for a Seismic Phase 2B project, November 25, 2008.


Late Communications received after distribution of 12/10/08 Agenda Packet

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

  • Letter from Darrell de Tienne regarding childcare, mini storage, retail, food service, and office space for the West Berkeley Project, dated November 19, 2008
  • PowerPoint presentation from Wendy Cosin regarding the Wireless Ordinance Proposed Revisions, dated November 19, 2008
  • Letter from Gene Poschman regarding the procedure and content of the Wireless Telecommunications Facilities Ordinance, dated November 19, 2008
  • Text of the Wireless Telecommunications Facilities Ordinance from the planning staff regarding changes and revisions made, dated November 19, 2008
  • Letter from Davis Wright Tremaine LLP, attorneys for T-mobile, regarding the requirements for certification of facilities and findings required for approval, dated November 19, 2008
  • Letter from Mackenzie and Albritton LLP, attorneys for Verizon Wireless, regarding language revisions to the Wireless Telecommunications Facilities Ordinance, dated November 19, 2008
  • Letter from Cushman and Wakefield Global Consulting regarding food service, office space and conversion of space for the West Berkeley Project, dated November 19, 2008
  • Letter from Wareham Development regarding childcare use, mini-storage use, food service and retail for the West Berkeley Project, dated November 19, 2008
  • Map of West Berkeley restaurants, from Rick Auerbach, received December 3, 2008

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 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.

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