FINAL MINUTES OF THE REGULAR PLANNING COMMISSION MEETING March 07, Time: The meeting was called to order by Chair Eisen at 7:10 p.m.

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1 FINAL MINUTES OF THE REGULAR PLANNING COMMISSION MEETING March 07, Time: The meeting was called to order by Chair Eisen at 7:10 p.m. Location: North Berkeley Senior Center, 1901 Hearst Ave. ROLL CALL Commissioners Present: Teresa Clarke, Patricia Dacey, Victoria Eisen, Jim Novosel, Gene Poschman, Jim Samuels (ar. 7:15), Patrick Sheahan, David Stoloff, Erick Mikiten (substitute for Harry Pollack). Commissioners Excused: Harry Pollack Staff Present: Sanderson, Amoroso, Schulz ORDER OF AGENDA No change. PUBLIC COMMENT PERIOD No speakers. PLANNING STAFF REPORT No report. LATE COMMUNICATIONS (Distributed at the 3/21/12 meeting): Staff Debbie Sanderson: PowerPoint Presentation Handout on West Berkeley Project; Master Use Permit - Additional Considerations; Staff Debbie Sanderson: Staff Report on West Berkeley Master Use Permit Process; 5th and Channing Neighborhood Group: Proposed Zoning Amendments for West Berkeley and SEIR Response, dated March 12, 2012; Patrick Sheahan, Planning Commissioner: West Berkeley Project DSEIR, Figures 4.22, , 4.25, 4.26; pages 4-63, 4-64, 4-65, 4-67, 4-68; dated March 21, 2012; Cathleen Quandt: Mixed Use-Residential (MUR) neighborhoods; dated March 21, 2012; Gene Poschman, Planning Commissioner: set 1 Planning Commission, dated March 21, 2012; Gene Poschman, Planning Commissioner: set 2 Amendments to consider to BENEFITS draft MUP, dated March 21, 2012; Peter Eakland, Peerless Greens Traffic Consultant: Comments on West Berkeley Project SEIR Transportation Analysis, dated March 21, 2012; Peter Eakland, Peerless Greens Traffic Consultant: Support for Increased Residential Development in West Berkeley MU-R District, dated March 21, 2012; - 1 -

2 Joe DeCredico, GarciaDeCredicoStudio: Review comments for the staff report, dated March 20, 2012; Polly Armstrong (Co-CEO) and John DeClercq (Co-CEO), Berkeley Chamber of Commerce: Support of Increased Residential Development in West Berkeley, dated March 21, 2012; Urban Ore: SEIR Reveals Shadows on Urban Ore So much for solar panels on the roof?, dated March 21, 2012 CHAIR and COMMITTEE REPORTS No report. APPROVAL OF MINUTES Motion/Second/Carried (VE/JN) to approve the draft minutes of the regular meeting of March 7, Ayes: Clarke, Eisen, Novosel, Poschman, Sheahan, Stoloff. Noes: None. Abstain: Dacey, Mikiten. Absent: Pollack, Samuels. CONSENT CALENDAR None. FUTURE AGENDA ITEMS None. AGENDA ITEMS Item 9. Public Hearing: Zoning Ordinance Amendments to the Proposed Master Use Permit Process, BMC Chapter 23.E.36 (1) to increase residential density in the C-W and MU-R portions of MUP sites; (2) to increase building heights from 75 to 100 feet under certain limited conditions; and (3) to consider amending the West Berkeley Plan to allow intermingling of uses between zoning districts within the boundary of a Master Use Permit site that straddle zoning district boundaries. Motion/Second/Carried (VE/JN) to open the public hearing. Ayes: Clarke, Dacey, Eisen, Mikiten, Novosel, Poschman, Samuels, Sheahan, Stoloff. Noes: None. Abstain: None. Absent: Pollack. Public comment: 21 speakers. Motion/Second/Carried (VE/JN) to close the public hearing. Ayes: Clarke, Dacey, Eisen, Mikiten, Novosel, Samuels, Stoloff. Noes: None. Abstain: Poschman, Sheahan. Absent: Pollack. Following the staff report, commissioners considered each of the issues raised in the staff presentation and provided direction

3 Increased building height: Motion/Second/Not Carried (JN/JS) to remove present section 23B Permissible Alterations of Development Standards and Permitted Uses, A.2. the following: Height Limitations: Increases in permitted maximum height up to 75 feet; except that production buildings on those nine (9) sites identified in the Draft Supplemental Environmental Impact Report, Additional Amendments to the Master Use Permit Process, West Berkeley Project, February 2012, may exceed 100 feet if necessary, and only to the extent necessary, to permit the establishment of a proposed production or manufacturing process, subject to the findings in Section 23B Substitute Motion/Second/Carried (GP/PD) to retain existing height limits in all Zones, with exceptions up to 75 feet if necessary to, and only to the extent necessary to, permit the establishment of a proposed production manufacturing process. Ayes: Dacey, Poschman, Sheahan. Noes: Clarke, Eisen, Mikiten, Novosel, Substitute Motion /Second/Not Carried (TC/JN), to underline, that an exceeding of the 75 feet limit is just except on those nine sites identified in the Draft supplemental Environmental Impact report: Keep the motion s wording of 23B Permissible Alterations of Development Standards and Permitted Uses, A.2. and keep the first line as one paragraph and the remaining as a new one. Ayes: Clarke, Eisen, Mikiten, Novosel, Sheahan, Stoloff. Noes: Dacey, Poschman, Samuels. Abstain: None. Absent: Pollack. Motion/Second/Not Carried (PS/GP) to remove present Definition of Height the following: Height as adopted above the development standards of the underlying zone shall be absolute height including parapets, mechanical equipments, penthouses and screens. Exceptions are the elevator shafts, Ayes: Dacey, Poschman, Sheahan. Noes: Clarke, Eisen, Mikiten, Novosel, Maximum number of dwelling units: Motion/Second/Not Carried (JN/TC) to approve the amendments to MUP and MUR regarding the staff language of 23B Permissible Alterations of Development Standards and Permitted Uses, B. and C. and to remove the present section following: B. To the extent that any MUP site includes property in the C-W or MU-R districts, provided that, with the exception of dwelling units, uses permitted only in the C-W or MU-R districts but not within the other portions of the site, 1. May be located elsewhere on the MUP site, 2. The building square feet devoted to those uses may not exceed the amounts that would have been permitted on the area within the C-W or - 3 -

4 MU-R districts, as calculated using the applicable C-W or MU-R development standards, except for parking requirements. 3. For dwelling units, the maximum building square feet devoted to dwelling units shall not be constrained by the development standards of the underlying zoning, but rather by the maximum development standards specified above in Section 23.B A. C. The Gross Floor Area allocated for each use may vary from that set forth in the Master Use Permit by up to ten percent (10%) with a Zoning Certificate, as long as the new use allocations meet all requirements of the Zoning Ordinance. Variations of more than ten percent (10%) but less than twenty-five percent (25%) from the stated Gross Floor Area for any use may be authorized by the Zoning Officer; variations of more than twenty-five percent (25%) may be authorized by the Board. Any such change is still subject to the requirements set forth in the approved MUP, including the finding required by Section 23B This allowance for expansion of Gross Floor Area for any use does not apply to the C-W or MU-R uses as identified in 23B B, which cannot be expanded through this process. Substitute Motion /Second/Not Carried (GP/PD) to include following amendments: Dwelling units may not be located in the M, MM, or MULI portions of a MUP site. / No MUP shall include any portion of the MUR. Ayes: Dacey, Poschman, Sheahan. Noes: Clarke, Eisen, Mikiten, Novosel, Samuels, Stoloff. Abstain: None. Absent: Pollack. Motion/Second/Not Carried (JN/TC) to keep the recommendation as staff made before not to allow increase residential Ayes: Clarke, Dacey, Novosel, Poschman, Sheahan. Noes: Eisen, Mikiten, Motion/Second/Not Carried (TC/DS) to include following text changes into the West Berkeley Plan (Section 1, Chapter VII, Land Use Regulations of the West Berkeley Plan For Adoption in Principal ): Regulation: Projects eligible for the Large Site Development Process are those which: Propose sites of at least 4 acres; and Incorporate uses which would not otherwise be permitted in the district, but would be permitted in other zoned land within the Master Use Permit site; or Request an alternative land use entitlement, such as a Development Agreement. Another possibility is a Master Plan Permit, whereby a single permit would be issued for the development of a number of buildings and/or uses within a given range. Furthermore to create consistency with Zoning Ordinance. Ayes: Clarke, Eisen, Mikiten, Novosel, Samuels, Stoloff. Noes: Dacey, Poschman, Sheahan. Abstain: None. Absent: Pollack

5 Substitute Motion /Second/Not Carried (GP/PD) to amend the present language regarding MUP and MUR the following: No pharmaceutical uses, no manufacturing other than light manufacturing now allowed, no, laboratories, and R&D in MUR. / Any MUP that occupies any portion of the MUR, shall adhere to the development standards and uses currently in the MUR. Ayes: Dacey, Poschman, Sheahan. Noes: Clarke, Eisen, Mikiten, Novosel, Motion /Second/Not Carried (GP/PD) to remove present section 23B H and I. And substitute for 23B H the following: Regarding Aquatic Park, the Board must that all buildings will be set back 100 feet from Bolivar Drive and the Board must find for those buildings set back 100 feet from Bolivar Drive that the Building must not create shadows upon, degrade the existing visual quality or character of, or pedestrians access to Aquatic Park and that all such new buildings set back 100 feet from Bolivar Drive shall comply with Bird-Safe Building Design Guidelines, as specified in SEIR Mitigation Measure Bio-1, to the maximum extent reasonable, to reduce the frequency of bird collisions in the area. Ayes: Dacey, Poschman, Sheahan. Noes: Clarke, Mikiten, Novosel, Samuels, Stoloff. Abstain: Eisen. Absent: Pollack. ADJOURNMENT The meeting was adjourned at 10:30 pm Commissioners in attendance: 9 of 9 Members of the public in attendance: 54 Public Speakers: 21 Length of the meeting: 3 hours 20 minutes - 5 -