Agenda

Zoning Adjustments Board – Special Meeting
Thursday, November 12, 2009 -- 6:00 pm
(Regular Meeting Agenda Starts at 7:00 p.m. - see Page 2)

City Council Chambers, 2134 Martin Luther King Junior Way.
Berkeley, CA  94704  (Wheelchair Accessible)

 The Board will meet at 6:00 p.m. for a workshop on the following training topic. 
The regular meeting agenda will begin at 7:00 p.m.

Public Testimony Guidelines
The Board Chair may limit the number of speakers and the length of time allowed to each speaker.  To speak at a public hearing, complete a speaker card and submit to Planning Staff (1) as early as possible at the meeting, or (2) at the Permit Service Center, 2120 Milvia Street, before 5:00 PM on the day of the hearing.  At the start of the meeting the Board may rearrange the agenda or place additional agendized items on the Consent Calendar, so it is important to submit speaker cards at the start of the meeting to avoid losing the chance to speak to an item.

The Board encourages the public to submit comments in writing or by email, in advance of the meeting. 
See Correspondence and Notice of Decision Requests at the end of this Agenda for procedures.

                                                                                                                                                           

Roll Call:

 Public Comment: 

Each Speaker is limited to a maximum of three minutes.

Training Items:

1.

Density Bonus


 

Zoning Adjustments Board – Regular Agenda
Thursday, November 12, 2009 -- 7:00 pm

 City Council Chambers, 2134 Martin Luther King Junior Way.
Berkeley, CA  94704  (Wheelchair Accessible)

                                                                                                                                                           

Roll Call:

Ex Parte Communication Disclosures

In the context of adjudicative matters that come before the ZAB, ex parte communications are those which occur outside the formal hearing process.  ZAB members should avoid ex-parte contacts on matters pending before the ZAB as much as possible, as they may represent, or be perceived to represent, the receipt of evidence that can unfairly influence a Board member’s decision on a matter before the Board.  If such contacts do occur, they must be placed in the record and disclosed to all interested parties sufficiently in advance of the decision to allow rebuttal. 

 Public Comment 
Each Speaker is limited to a maximum of three minutes.

 Agenda Changes
The Board Chair may reorder the agenda at the beginning of the meeting.

Consent Calendar:
The Consent Calendar allows the Board to take action with no discussion, on projects to which no one objects.  The Agenda includes three types of Consent Calendar items:  (1) Approval of previous meeting minutes; (2) Modifications of existing Use Permits (which have not been noticed for public hearings); (3) Items being continued to another meeting (Board action has been postponed to another meeting).  The Board Chairperson will announce items for the Consent Calendar at 7:05 p.m.  The Board may place additional Agendized 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 raise his or her hand and advise the Chairperson, and the item will be pulled from the consent calendar.  Modification Projects may be discussed by the Board at this meeting or set for a public hearing at a later meeting.  Items already noticed for a public hearing will be heard following Continued Items, or, if necessary, posted for a public hearing at a subsequent meeting.

  •  

Approval of Previous Meeting Minutes:      

 

Minutes from 10/8/09 meeting

 

Recommendation:

APPROVE

 

Appeal of Administrative Use Permit/Staff Level Design Review: Appeals of Administrative Use Permit and Design Review applications are not subject to public hearing and no public testimony will be taken at this time.  The Board may set the matter for public hearing, or affirm the Zoning Officer’s or Design Review Secretary’s decision.

 

2.

3001 Dwight Way 

 

Applicant: Steven Rood, 405 14th Street, Suite 212, Oakland.
Appeal of Administrative Use Permit #08-20000145 to construct an accessory building and convert the accessory building to habitable space. (R-2A(H), P. Johnson)

 

Continued From:

NONE

 

Recommendation:

UPHOLD the Zoning Officer’s decision to DENY Administrative Use Permit #08-20000145

 

3.

2223 Marin Avenue 

 

Applicant: Zach Gillim for Hiromi Ogawa Architects, 115 Moffit Street, San Francisco.
Appeal of Administrative Use Permit #09-200000021 to legalize conversion of a garage to a habitable accessory building, to relocate one required parking space within a side yard setback, and to construct a major residential addition of 925 sq. ft. that includes a new third story on an existing, 2-story single-family residence. (R-1(H), F. Crane)

 

Continued From:

NONE

 

Recommendation:

UPHOLD the Zoning Officer’s decision to APPROVE Administrative Use Permit #09-20000021

Continued Items (Public Hearing has been closed):  NONE

Continued Public Hearings:  NONE

New Hearings:

4.

2151 - 2153 Vine Street 

 

Applicant: JSWD Architects, 3106 Shattuck Avenue, Berkeley.

Use Permit #08-10000122 to demolish an existing 1,182-square-foot, single-story Social Hall and to construct an approximately 1,149-square-foot, single-story addition connecting the existing Meeting Hall and Quaker House. (R-2A, L. Mendez)

 

Continued From:

NONE

 

Recommendation:

APPROVE

 

 

 

 

 

5.

2049 San Pablo Avenue 

 

Applicant: Frieda Hoffman, exberlin LLC, P.O. Box 2180, Berkeley.
Use Permit #09-10000020 to add incidental beer and wine service and incidental live entertainment to an existing full service restaurant. (C-W, G. Sorensen)

 

Continued From:

NONE

 

Recommendation:

APPROVE

 

 

 

 

6.

1001 & 1003 University Avenue 

 

Applicant:  David Trachtenberg, Trachtenberg Architects, 2421 Fourth Street, Berkeley.

Use Permit #09-10000066 to establish a retail wine store within an existing retail building. (C-W, S. Brekke-Read, G. Powell)

 

Continued From:

NONE

 

Recommendation:

APPROVE

 

 

 

 

 

Additional Agenda Items:

A.             Information/Communication
                         i. Preparation for Census 2010, City Manager’s Office
B.           Business Meeting
C.           Chair’s Report
D.           Current Business/Committee Appointment
E.           Future Agenda Items
                          i.   Special meeting on Pacific Steel scheduled for January 14th
F.            Other Matters
                q  Tentative Council dates for Appeals of ZAB Decisions: NONE
               
q  Other Council Hearings on ZAB Decisions: NONE
G.           Adjourn

Correspondence and Notice of Decision Requests
·         To distribute correspondence to Board members prior to the meeting date -- submit
comments by 12:00 noon, seven (7) days before the meeting.  Please provide 15 copies of any correspondence with more than ten (10) pages.
·         NEW:  Correspondence received by the 5 pm Tuesday before the meeting will be posted on the ZAB web site for review by the Board and public prior to the meeting. Correspondence received later, and after the meeting, will be posted to the web site following the meeting.
·         Any correspondence received after this deadline will be given to Board members on the meeting date just prior to the meeting.
·         Staff will not deliver to Board members any additional written (or e-mail) 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 Zoning Adjustments Board Clerk just before or at the beginning of the meeting.
·         Written comments, or a request for a Notice of Decision should be directed to the ZAB Secretary at:  Land Use Planning Division (Attn: ZAB Secretary)
2120 Milvia Street, Berkeley, CA 94704 OR at   zab@ci.berkeley.ca.us

Communication Access
To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call the Current Planning Division at 981-7410 (voice) or 981-7474 (TDD); at least five (5) working days notice will ensure availability.       

Legal Notice Concerning Your Legal Rights

If you object to a decision by the Zoning Adjustments Board to approve or deny a permit or variance for a project, the following requirements and restrictions apply:
1.   You must appeal to the City Council within fourteen (14) days after the Notice of Decision of the action of the Zoning Adjustments Board is mailed.  It is your obligation to notify the Current Planning Division in writing to receive a Notice of Decision when it is completed.
2.   Pursuant to Code of Civil Procedure, Section 1094.6(b), no lawsuit challenging a City Council decision   to deny a permit or variance 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), which has been adopted by the City. Any lawsuit not filed within that ninety (90) day period will be barred.
3.   Pursuant to Government Code, Section 65009(c)(5), no lawsuit challenging a City Council decision to approve (with or without conditions) a permit or variance 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), which has been adopted by the City.  Any lawsuit not filed within that ninety (90) day period will be barred.
4.   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.