AGENDA
REGULAR MEETING OF THE PLANNING COMMISSION
This meeting is held in a wheelchair accessible location.
PDF of Entire Agenda Packet

Wednesday, March 21, 2012                                                                                North Berkeley Senior Center
7:00 PM
                                                                                                               1901 Hearst Ave. / MLK Jr., Way 

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 and FUTURE AGENDA ITEMS:  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:   Approval of Draft Minutes of March 7, 2012.

8.  OTHER PLANNING-RELATED EVENTS
      None.

CONSENT Calendar itemsSee “Consent Calendar Guidelines” below.
 None.

Agenda Items:  All agenda items are for discussion and possible action.  Public Hearing items require hearing prior to Commission action.

 9. 

Public Hearing/Discussion/Action:

Zoning Ordinance Amendments to the Proposed Master Use Permit Process, BMC Chapter 23E36

 

 Recommendation/Action:

Open the public hearing, take comment, and consider the following two changes to the Planning Commission’s previous recommendation concerning the Master Use Permit, BMC Chapter 23B.36:

1.   To allow buildings to exceed the 75 foot height limit, up to a maximum of 100 feet, as necessary to accommodate essential manufacturing processes that cannot “fit” within the 75 feet allowed [BMC 23B.36.050.A.2]; and

2.   To allow the maximum number of dwelling units to be calculated using the flexible development standards (not use changes) proposed for Master Use Permit Projects. [BMC 23B.36.050.B.2 & 3; 23B.36.050.C.]

Staff also recommends amending West Berkeley Plan to allow intermingling of uses between zoning districts within the boundary of a MUP site that straddles zoning district boundaries.

 

Written Materials:

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.

10.   INFORMATION REPORTS:
         None.

11.   COMMUNICATIONS IN PACKET:
         None.

LATE COMMUNICATIONS (Distributed at the meeting on March 7, 2012):

  • Staff Debbie Sanderson: PowerPoint Presentation Handout on West Berkeley Project, Draft SEIR Comments;
  • Staff Debbie Sanderson: Staff Report on Amendments Under Consideration for the Master Use Permit, BMC Chapter 23B.26;
  • Dan Baker, President/CEO, Poly Seal Industries:  Preliminary Comments on West Berkeley Project, SEIR, dated March 6, 2012;
  • Allen Hardy, H&B Inc.:  Email (and attachments) containing Comments on West Berkeley Project, Draft SEIR, Visual Analysis, Bancroft and Bolivar Real Sight Lines, dated March 7, 2012;
  • Carol Henderson:   Email containing Comments on West Berkeley Project, Draft SEIR, dated March 7, 2012;
  • Jessie Wood:  Email containing Comments on West Berkeley Project, Draft SEIR, dated March 7, 2012;
  • Darrell de Tienne:  Comments on West Berkeley Project, Draft SEIR, dated March 6, 2012;
  • Dan Knapp, PhD., CEO, Urban Ore, and Mary Lou Van Deventer, Operations Manager, Urban Ore:  Comments on West Berkeley Project, Draft SEIR, dated March 7, 2012;
  • Patrick Sheahan:  Comments on West Berkeley Project, Draft SEIR, Bayer Agreement, received March 7, 2012.

LATE COMMUNICATIONS (Received at the meeting on March 21, 2012, but not distributed):

• 5th and Channing Neighborhood Group, West Berkeley Project, DSEIR Comments
• Staff Debbie Sanderson, West Berkeley Project, MUP Additional Considerations, PowerPoint Presentation Handout
• Cathleen Quandt, West Berkeley Project, DSEIR Comments
• Commissioner Poschman, West Berkeley Project, DSEIR Comments, Amendments Set 1
• Commissioner Poschman, West Berkeley Project, DSEIR Comments, Amendments Set 2
• Joe DeCredico, Garcia DeCredico Studio, West Berkeley Project, DSEIR Comments
• Commissioner Patrick Sheahan, West Berkeley Project, DSEIR Comments, Height Estimates
• Peter Eakland, Peerless Greens Traffic Consultant, West Berkeley Project, DSEIR Comments, Transportation Analysis
• Peter Eakland, Peerless Greens Traffic Consultant, West Berkeley Project, DSEIR Comments, Support for Increased Residential Development in West Berkeley MU-R District
• Polly Armstrong, Co-CEO, and John DeClerq, Co-CEP, Berkeley Chamber of Commerce, West Berkeley Project, DSEIR Comments, Support of Increased Residential Development in West Berkeley
• Urban Ore, West Berkeley Project, DSEIR Comments

ADJOURNMENT

 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 line up behind the microphone.  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, eight (8) days before the meeting day (Tuesday).  (Email preferred.)
  • If correspondence is more than twenty (20) pages, requires printing of color pages, or includes pages larger than 8.5x11 inches, please provide 15 copies.
  • 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 (Attention:  Planning Commission Secretary).

Communications Are Public Records:  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.

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 981-6342(V) or 981-7075 (TDD), and/or Commission Secretary, at least three (3) business days before the meeting date.  Five (5) business days are needed to request a sign language or oral interpreter.

 Note:  If you object to a project or to any City action or procedure relating to the project application, any lawsuit which you ay 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‑ ad judicative 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.