Guidelines for Public Comment

Communications to Berkeley boards, commissions or committees are public record and will
become part of the City's electronic records, which are accessible through the City's website.
Please note: e-mail addresses, names, addresses, and other contact information are
not required, but if included in any communication to a City board, commission or
committee, will become part of the public record
. If you do not want your e-mail address
or any other contact information to be made public, you may deliver communications via U.S.
Postal Service or in person to the secretary of the relevant board, commission or committee.
If you do not want your contact information included in the public record, please do not
include that information in your communication. Please contact the secretary to the relevant
board, commission or committee for further information.
Questions and comments should be directed to the project planner. All project application
materials, including full-size plans, may be viewed at the
Permit Service Center, 2120 Milvia Street, during normal office hours.

NOTICE CONCERNING YOUR LEGAL RIGHTS

If you object to a decision by the Zoning Officer, to approve or deny a use permit or variance
for a project, the following requirements and restrictions apply:
1. If you challenge the decision of the City in court, you may be limited to raising only those
issues you or someone else raised during the review period for this project.
2. You must appeal to the Zoning Adjustments Board within twenty (20) days after the Notice
of Administrative Decision of the action of the Zoning Officer is mailed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b), and pursuant to Government
Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by
Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other
permit may be filed more than ninety (90) days after the date the decision becomes final,
as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that
ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the
applicant that the 90-day protest period for any fees, dedications, reservations, or other
exactions included in any permit approval begins upon final action by the City, and that
any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable
economic use of the subject property, was not sufficiently related to a legitimate public
purpose, was not sufficiently proportional to any impact of the project, or for any other
reason constitutes a “taking” of property for public use without just compensation under
the California or United States Constitutions, the following requirements apply:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set
forth above.

C. All evidence and argument in support of your belief that the decision or condition
constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been
taken, both before the City Council and in court.

COMMUNICATION ACCESS

To request a meeting agenda in large print, Braille, or on CD, or to request a sign language
interpreter for the meeting, contact the City Clerk by calling (510) 981-6900 (voice) or 981-6903 (TDD).
Notice of at least five (5) business days will ensure availability. Agendas are also available on the
Internet at: www.cityofberkeley.info/planning.

FURTHER INFORMATION

Questions about the project should be directed to the project planner. All project application
materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter),
2120 Milvia Street, during normal office hours.