Lawsuit challenges Berkeley’s new Downtown Area Plan

A new lawsuit is challenging the Downtown Area Plan adopted by the City Council in March 2012. Photo: Tracey Taylor

Three neighborhood associations have filed a lawsuit against Berkeley, claiming that the adoption of the Downtown Area Plan in March 2012 did not comply with state environmental laws.

The Council of Neighborhood Associations, which has been operating since 1975 but which gained renewed energy in 2009 when it successfully placed a measure on the ballot to rescind an earlier version of the Downtown Area Plan, is one of the plaintiffs in the lawsuit, which was filed in May in Alameda County Superior Court. The other two groups, Friends of Downtown Berkeley and Berkeley Citizens for Responsible Planning, were only formed recently.

The lawsuit alleges that Berkeley erred when it adopted the Downtown Plan because it did not prepare a new EIR, as required by the California Environmental Quality Act (CEQA). Instead, the city used the EIR that had been prepared in 2009 for one of the plan’s precursors, according to Rachel Mansfield-Howlett, the Sonoma County attorney who is representing the neighborhood groups.

Several elements of the Downtown Area Plan were completely new, including the Green Pathways provision, which allows developers and the city to speed up the permit approval process if the builder agrees to build environmentally sensitive projects that exceed existing requirements, said Mansfield-Howlett. This fast-track could mean the destruction of historic properties in downtown, since the Landmarks Preservation Commission might not have adequate time to review properties proposed for demolition, according to the lawsuit.

“Residents are concerned that the DAP could greatly alter the wonderful historic character of the existing downtown, and turn it into a generic concrete-and-glass urban complex,” the groups said in a press release. …. “Another concern is that the Green Pathway, if not challenged, would give the University carte blanche to build labs in the downtown to expand its research in the area of genetic engineering and synthetic biology.”

The neighborhood groups want Berkeley to comply with the California Environmental Quality Act by doing further analysis in an EIR.

Berkeley City Attorney Zach Cowan said the city believes it is in compliance with CEQA and that no additional environmental review was necessary.

History of the Downtown Plan

Berkeley and a group of citizens started work on a downtown plan in 2005. After years of meetings, the City Council adopted a downtown plan in 2009 that was later rescinded after the Council of Neighborhood Associations and other groups gathered enough signatures to put a referendum challenging the plan on the ballot. The City Council then put the plan before voters, and, in November, 2010, residents of Berkeley voiced their approval for the concepts behind that plan by passing Measure R.

The city then prepared a massive planning document outlining details of the Downtown Area Plan, including the Green Pathways provision. It allows developers to speed up the permitting process under certain circumstances. The plan also aims to protect historic buildings downtown by requiring developers to get a write-off from the Landmarks Preservation Commission before they apply for a Green Pathways permit. The LPC must certify that the proposed development does not alter or destroy any property that is designated as historically significant. But the neighborhood groups who filed the lawsuit do not think this is adequate protection.

The City Council adopted the Downtown Plan in March, on an 8-1 vote, with City Council member Kriss Worthington the only dissenter.

The two sides are scheduled to have a settlement hearing on June 13.

Read the complete lawsuit.

Related:
Mayor seeks to put sit-lie ordinance on November ballot [06.01.12]
Acheson Commons: new large-scale change for downtown [04.09.12]
Newly cleaned up downtown hopes to attract more retail [04.04.12]
After seven years Berkeley gets a new downtown plan [03.21.12]
Taller buildings, open spaces on cards for downtown Berkeley [03.09.12]
The big clean-up of downtown Berkeley begins [01.10.12]
How to improve downtown Berkeley: Have your say [10.19.11]
Downtown PBID passes overwhelmingly [06.29.11]
Anti-sit lie campaigners take protest to City Hall [04.27.11]

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  • West Bezerkeley

    Ding, ding, ding!!! We have a winner! It’s clear that there are a lot of folks that don’t know the first thing about online presence and the tightrope walk that it is to keep personal and professional separate.

    I don’t expect most people to “get it” because most people aren’t in a career where they have to monitor their professional online presence.

    It really isn’t fun having to pay attention to this stuff. Now you can’t event attend trade show cocktail parties without being conscious of others in the crowd taking video and photos on smartphones & uploading labeled images of people to social media sites as they are supposed to be able to loosen up in a safe invitation only environment.

    It’s unfortunate is that there are so many people that use modern technology without really understanding what it is capable of. That makes it both useful and dangerous at the same time, something that EPIC has been trying to communicate for years now — http://epic.org/

  • West Bezerkeley

    To give the benefit of the doubt (not my strong suit, but I’ll do my best here), I’m not convinced that Charles is in denial. I think he could be in a demographic that isn’t as tech savvy as the younger demographic, or the demographic that works in Silicon Valley.

    I think that a lot of people here could benefit from taking a look at two good primers on the topic.

    Frontline’s Digital Nation – http://www.pbs.org/wgbh/pages/frontline/digitalnation/

    Electronic Privacy Information Center — http://epic.org/

  • bgal4

    Please explain how placing a Library Gardens style structure over the BART parking lot would “transform” Lorin district.
    1. how well did Library Gardens TRANSFORM downtown
    2. what needs to be transformed about south Berkeley?

    If you are attentive to the viability of this local apt/condo developments  since the economy went south, you would realize that a west BART transit oriented project would have look more like the empty lot at Ashby at San Pablo. see CitiCentre project covered well by the BDP,  they had all the green lights and greased palms yet the funding formula failed. No citizen obstructionist.

    Bashing the opposition to the Bates/Anderson power grab of the public space at Ashby BART as simply ignorant obstructionist INSULTS one of the best excellent example of citizens engagement in demanding that the provisions of community process be honored.

    Lack of community partnership is at the heart of the polarized public discourse that serves the powers that be in Berkeley.

    Sorry westbezkeley I do not share you disdain for your fellow citizens effort, it is more complicated than you observe. I think you are being as reactionary as the people you are criticizing. We have worked on local political matters together but as soon as I questioned the chief judgment you attack me here on B-Side with unnecessary venom. Seems on the matter of top cop judgment you and Becky O’ Malley are on the same side.

    Reciting the results of a vote in this town only reflects that Berkeley continues to be one party rule.

    I am not interested in sides, I am interesting in good information. And the downtown plan (any of the recent revisions)  is not an economic development plan. It is simply green light for tall buildings. And that is really too bad, and a failure of the planning and economic development depts IMHO.

    This  dust up on B-Side happened because nearly immediately some posted put out misinformation reducing the content to us versus them. By calling other citizens obstructionist in a town well known for a its government sponsored obstruction of any reforms to city services exposes your limited experience in civic matters.

    What is missing from the Downtown Town plan, PLENTY,  Zelda is correct in asking “where is the retail plan”, what specifically leads us to the goal of a diverse array of retail option resulting in a viable downtown environment. Entertainment districts without proper alcohol regulations fail miserably, several local examples illustrate why. Yet, plenty of the signs indicate that is the direction Bates intended. 

    On the anonymity issue, I chose to be mostly anonymous for similar reasons to WestBezkeley.
    When someone not familiar with my handle demand to know who I am  I sign my post. WestBezkeley did the same some time ago in a thread with Eric, he signed his name. Remember, linking to the avatar brings up previous posts.

    Laura

  • West Bezerkeley

    Sounds like you did your homework. Right on, I respect that. BTW, my bio says nothing about “branding,” so I was worried you’d bother Mr. Donaldson.

  • Charles_Siegel

    Those are posts from the days when I was allowed to post as “Charles Siegel.”  I don’t think you will find any from the days since I have been forced to post as “Charles_Siegel” with the underscore (except maybe this one, where I an talking about my name).

    If I had wanted to protect myself from searches in a minimal way, and I had always posted as say “Charles B. Siegel” (not my real middle initial), I don’t think anyone searching for “Charles Siegel” or “Charles N. Siegel” would find my posts using google.

  • Anonymous

     Some of it, like the “Bruce Love” persona, is easily scripted with 30 lines of perl.

  • Charles_Siegel

     I used to work for the fastest growing software development company in silicon valley and now I work for one of the largest, so I actually am part of the demographic that works in Silicon Valley (though, fortunately, I  rarely have to go there physically).

    I am not talking about protecting privacy from people who are intent on learning personal information (which is what those books are about).  I am talking about the sort of casual google searches for someone’s name, which you say is what made you decide to use a pseudonym. 

    But thanks for giving me the benefit of the doubt.  In fact, I am not trying to be hostile, and I am sympathetic to the privacy concerns of some people who post here.  To summarize my position:

    I do think there are valid reasons for posting under a pseudonym.  For example, Sharkey wrote that he was physically threatened because of political positions he took, and that is clearly a valid reason.  As someone pointed out, there is a tradition of writing anonymous political pamphlets that goes back hundreds of years, and this is the reason for it.

    I think it is better for people to post under their real names, for two reasons:

    – It improves the quality of the discussion, because people are more likely to stick to  the issues and less likely to resort to personal insults when they are using their own names.  It is much easier to insult someone who does not know who you are.

    – It helps create a sense of community. For example, I expect that some day, I may meet Eric Panzer and Thomas Lord in person, and I will know who they are and have a lot to talk about with them.  I also expect that I may meet Sharkey and West Beserkeley in person, and I will have no idea of who they are and no connection with them.

    Note that West Beserkeley is going to meet Thomas Lord for a friendly beer only because they have both seen through the other’s  pseudonym.  They would never have made contact if West Beserkeley had always used pseudonyms (in his letters to the Planet, to the Council, and so on) and had been absolutely successful in setting up his firewall.

    Likewise, though I often disagree with Becky O’Malley, and we are usually on the opposite sides on development issues, I sometimes run into her at the farmers’ market and enjoy talking with her.  If some people on this list got to know her, they would realize that she is an interesting and intelligent person, and they would start to disagree with her positions rather than demonizing her through anonymous personal attacks.

    I don’t see any perfect solution to this.  There are valid reasons for posting anonymously, as I have said, and everyone has to decide for themselves whether to post under their real names or under pseudonyms, but I think people should bear in mind that:

    – There are advantages to using your real name, and the on-line world would be more humane if people used their real names when possible and pseudonyms only when there is a very good reason.

    – There is one major disadvantage to using pseudonyms, that you are more likely to engage in personal attacks when no one knows who you are, so people who do use pseudonyms should make an extra effort to focus on the issues and to avoid personal attacks.

  • West Bezerkeley

    You bring up a couple of good issues.

    First, I admit that I’m curious about some of the people that post here and think that talking over a beer could be fun, even if it is to talk about organic gardening, art, travel, etc. You seem to know who I am as well, which goes to show that just like network security, it’s not a matter of putting up a wall that protects you 100%, because that’s impossible. It’s more an issue of raising the bar high enough so that casual information searches don’t easily link the personal and professional. In the end, that is my goal and it’s been accomplished more or less to my satisfaction.

    So, email me and join me for a beer. I’ve not heard from Bruce yet, but I’m definitely open to a “friendly” chat over beer. Disagreeing over point of view is fine, but getting personal and nasty isn’t, so I think  we are on the same page. Perhaps we can have a trio of us unless someone else emails as well.

  • The Sharkey

    I’d probably build both. Something like Jupiter on the ground floor, and high density housing on top. The biergarten (modified so it made better use of space) would make a nice central courtyard/light shaft for the “slum” on top.

    Welcome to the Urban environment. Enjoy your stay.

  • The Sharkey

    Sure they would. As long as they don’t put quotations around any of the words, Google will just look for whatever sources have those three words in them the most, and rank them according to what their algorithm thinks are the most relevant/interesting results.

    Now if you were posting as “Chuck Siegel” here, then you’d be able to post using your “real” identity without it coming up when people search for information about you professionally.

    Google is sometimes a little too good at finding information, and once things get on the internet it can be very difficult to get rid of them.

    Why were you forced to start posting with an underscore? Did someone else set up a Disqus account using your name?

  • Charles_Siegel

     At some point, the commenting system stopped allowing blanks. I think it was when the commenting system switched to Disqus. 

    I think Charles_Siegel would be way down in the list of results if someone searched on Charles Siegel with no quotes. 

    Again, it is a matter of how secure you want the firewall to be.  If I thought that clients would search for Charles Siegel and read the first few pages of results, then they would not get to Charles_Siegel.  If they were going to look more carefully at many pages of results, I would have to avoid the search by using Chuck Siegel or C. Siegel or Charles S. or something like that. 

  • Charles_Siegel

     I actually don’t know who you are: your firewall has worked as far as I am concerned.  I read Becky’s post about your identity, but it was deleted and I have forgotten it.

    Apparently, Bruce Love also does not know who you are.  You say in response to him that you are not the person he thinks you are. 

    If you want, you can contact me through my web site, http://www.preservenet.com.  I will email you and Thomas Lord about a friendly beer.

  • The Sharkey

    I meant that posting as “Charles B. Siegel” would come up in casual search results for your name, because Google’s search function would just ignore the middle initial.

    I think you are probably correct in that “Charles_Siegel” would afford a bit of a firewall and not come up in casual Google searches, since Google would see it as one word rather than two.

  • Bruce Love

     You should have a msg from me via LinkedIn.  For reference, I (usually) remember to keep my email address posted on my extremely boring web site, basiscraft (dot) com.

  • bgal4

    I posted this in response to yellowjacket and wbz this morning, since the comment I was responding to is so far back at the very beginning of this thread, I am posting here, hoping yellowjacket will answer the questions.

    Please explain how placing a Library Gardens style structure over the BART parking lot would “transform” Lorin district.
    1. how well did Library Gardens TRANSFORM downtown
    2. what needs to be transformed about south Berkeley?

    If you are tracking the viability of these apt/condo developments since the economy went south, you would realize that a BART transit oriented project is more likely to look like the empty lot at Ashby at San Pablo than revitalizing Lorin. Read Brenneman’s coverage of CitiCentre’s project in the BDP. CitiCentre had all the green lights and greased palms available for their benefit, yet the funding formula failed. No citizen obstructionist was required. Bashing the opposition to the Bates/Anderson power grab and hand off of public
    space at Ashby BART as simply  obstructionist INSULTS one of the best examples of citizens demanding the provisions of community process be honored.

    Lack of community partnership is at the heart of the highly polarized public discourse  in Berkeley.

    Sorry westbezkeley I do not share you disdain for your fellow citizens effort, it is more complicated than you observe. I think you are being as reactionary as the people you are criticizing. We have worked together on public safety issues but as soon as I questioned the chief ‘s judgment recently you attacked with unnecessary venom. Seems on that issue you and Becky O’Malley share the same viewpoint.

    Reciting the results of a vote in this town only reflects that Berkeley suffers from one party rule.

    I am not interested in sides, I am interesting in good information. And the downtown plan (including all of the recent revisions)  is not an
    economic development plan. It is simply a green light for taller buildings.  This is unfortunate and a failure of the planning and economic development depts to lead. Berkeley tends use a piecemeal approach to city planning which often results  in undermining even their best intentions.

    What is missing from the Downtown Town plan, PLENTY,  Zelda is correct in asking “where is the retail plan”, what specifically leads to the goal of a diverse array of retail options. Entertainment districts without proper alcohol regulations fail miserably, several local examples illustrate why. Yet, plenty of the signs indicate that is the direction Bates intends. 

    On the anonymity issue, I choose to be mostly anonymous for similar reasons to WestBezkeley.When
    someone not familiar with my handle demands,  I sign my post. WestBezkeley signed his name some time ago in a thread with Eric. Remember, linking to the avatar brings up previous posts.

    Laura

  • Charles_Siegel

     I don’t think anything could actually happen at Ashby BART, because I think it would cost too much to deck over the parking lot to provide a podium to build on while preserving the parking. 

     I do think that, if it were feasible, it could make the neighborhood more livable.  Right now, it is miserable for a pedestrian to cross at Ashby and Adeline, because the streets are so wide, and of course, the parking lot is a hole in the urban fabric.  When they built BART, they designed the station around the automobile and ignored pedestrians. 

    I think it would be a big improvement to build a development that restores a traditional urban fabric, making the neighborhood as pedestrian-friendly as it was before BART sliced it up.   I described my vision for the site at http://www.berkeleydailyplanet.com/issue/2006-06-06/article/24343?headline=Commentary-A-Traditional-Neighborhood-at-Ashby-BART–By-Charles-Siegel

  • Charles_Siegel

     Incidentally, I don’t think Library Gardens is a good model of pedestrian-oriented development because it faces inwards: the entrances face an inner courtyard, and impenetrable walls face the surroundings. 

    They also made a big mistake by putting the storefront below ground level, so people sitting there cannot see the sidewalk.  I think it is vacant now, largely because it is not a pleasant place to sit.  They would have done much better to put the cafe at sidewalk level and to put tables out on the sidewalk.

  • bgal4

    Agree on both comments. and I hope you too value good community process for city planning purposes.

    Just because the tradition of community engagement is poorly implemented and dishonored in Berkeley does not mean that community process is at fault, on the contrary,  I have plenty of examples of excellent results which developed within a community process based on integrity and commitment to all stakeholders. 

    I think the saddest aspect of civic life in Berkeley is the lack of respect for the incredible social capital, knowledge and skills we have right here in our midst.

    I had an inside view on the Ashby BART community push back since I organized the panel discussion which brought 350 people to the senior center. The only reason the city dropped the project was because they did not win the Caltrans grant and people learned how they falsified the application.

  • TN
  • http://berkeleydailyplanet.com/ Becky O’Malley

     Thanks for your thoughtful comments.  In all honesty, I must admit that I made an incredibly stupid mistake, and at my age I should know better.  Steve Donaldson graciously accepted the letter of apology I sent him as soon as multiple people who knew the real author of the post told me emphatically that  I’d gotten the wrong person.  I published Steve’s  letter, but he also quite reasonably asked for a public apology, which he richly deserves, so here it is.  At least when I do dumb things I do them openly, under my own name, so wiser folks can set me straight.

  • West Bezerkeley

    I remember that disagreement differently. It began by you posting a comment in BS that you and others in BPD were disappointed in my opinion, to which I responded that I didn’t give a hoot, & then you redacted the part of your post indicating you were disappointed in me, which was good because it really did have the feel of a mother that was scolding a child.

    My reaction to your comments weren’t venomous, I’d call them an act of making it clear that I’m not a child in your household and you don’t speak for me on all things BPD related.

    You’ve done many things to contribute to this community Laura, a lot of people know it and I acknowledge it (once again) here. But, sometimes you overstep boundaries. To be honest, I’d moved past this & thought you had too.

    As I’ve told you via email before, I can’t allow myself to get hung up on everything that ticks me off. Doing that can make life miserable & since I’m only getting one shot at this life, I’m doing what I can to minimize the personal misery and focus on what makes me happy. BTW, one thing that makes me happy is being a straight talker, so sorry if my straight talk offended. It was meant draw a clear boundary, not offend.

    Hopefully we have a better understanding of each other now.

  • bgal4

     Thanks Becky, nice example.

    Laura

  • sky

    ok, no. Urban is San Francisco. We’re more like a large university town.

  • Wensull

    Anything Kriss Worthington opposes must be good for Berkeley

  • Sam

    Sore losers? Nobody lost anything yet.  Do mean measure R from 2010? That was an advisory measure that was bankrolled by Sam Zell a right wing billionaire and his lobbying group Livable Berkeley.  Then the City produced a downtown plan that will allow for massive synthetic biology R and D research facilities and speeds up demolition of historic and cultural resources.  There was no environmental review of such impacts on our community or mitigation measures to offset negative impacts.  I think adequate environmental review of such grandiose changes to our downtown is warranted and required by law.  Only time will still tell who will actually end up a sore loser Mr. sharkey.

    http://www.synbiowatch.org/

  • Sam

    Alan Tobey is a quite the troll!!! He should get his own blog

  • Davie

    Downtown berkeley needs a full time farmers market at the corner of center and shattuck, downtown berkeley needs affordable housing, downtown berkeley needs to support small businesses, and it needs a better nightlife.  Downtown berkeley does not need massive synthetic biolabs (GMO’s on steroids), million dollar condos, and 20 story buildings as intended by UC and right wing developers and facilitated by Mayor Bates.  Anybody that believes that the new downtown plan is a good thing for Berkeley is either a smart growth ideologue, a puppet for the UC administration, or misinformed.  

  • The Sharkey

    No. That would be Santa Cruz. We’re much more urban than the average university town.

    No matter how much anyone tries to fight it, Berkeley is only going to get denser and more urban as time goes by.

  • Calculus30

    alan tobey needs a blog