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 


January 14, 2009, 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 December 3 and December 10, 2008final minutes of November 19, 2008.
8. Future Agenda Items and Other Planning-Related Events.  See Item 9.

CONSENT CALENDAR ITEMS: See “Consent Calendar Guidelines” below.
None.

AGENDA ITEMS: Matters for discussion and possible action.

9. Schedule for Downtown Area Plan
Action: Schedule one additional special meetings for the Downtown Area Plan on March 4 (Special meetings will now be Feb. 4 & 18, Mar. 4 & 18. Refer to report for complete schedule). 
Written Materials: Report attached.
Web Information: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=832
Continued From: None.

10. Maximum Allowable Building Heights, Downtown Area Plan
Action: Consider recommended maximum allowable building heights associated with DAP draft Land Use Map.
Written Materials: Report attached.
Web Information: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=832
Continued From: None.

11. Land Use Chapter, Downtown Area Plan
Action: Review DAP Land Use Chapter.
Written Materials: Report and chapter attached.
Web Information: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=832
Continued From: 11/19/08.

12. Base Project Heights Associated with Ultimate Maximums, Downtown Area Plan
Action: Consider staff recommendations on how to derive base project heights associated with ultimate maximums.
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:

13. City of Berkeley comment letter on the Draft Environmental Impact Report for the Berkeley/Albany Ferry Terminal Study, December 30, 2008. 

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

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

Late Communications received after distribution of 1-14-09 Agenda Packet

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).  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

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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