Agenda

Zoning Adjustments Board
Thursday, December 10, 2009 – 7:00 pm

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

 

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.

Planning and Development Department, Land Use Division

                                                                                                                                                           

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.

1.

Approval of Previous Meeting Minutes

 

Minutes from 11/12/09

 

Recommendation:

APPROVE

 

2.

Approval of ZAB Meeting Schedule for 2010

 

Meeting Date Form 2010

 

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.

3.

1340 Arch Street 

 

Applicant: Megan Kirkwood, 1340 Arch Street, Berkeley, CA 94708
APPEAL of the decision of the Zoning Officer to approve AUP #09-20000019 to operate
a large family day care home for up to 14 children between the hours of 8:00 am to 6:00
pm, Monday through Friday. (Zoning: R-1H, Single-Family Residential, Hillside Overlay District; Planner: Leslie Mendez)

 

Continued From:

NONE

 

Recommendation:

AFFIRM the Zoning Officer’s decision

 Continued Items (Public Hearing has been closed): NONE

Continued Public Hearings: NONE

Compliance Determination: NONE

New Hearings

4.

2600 San Pablo Avenue 

 

Applicant: A. Ali Aslami, P.O. Box 4623, Berkeley
Use Permit Modification #08-70000026 to Use Permit Modification # 08-70000130 to eliminate Condition #15. (Zoning:  C-W, West Berkeley Commercial District; Planner: 
Gisele Sorensen)

 

Continued From:

NONE

 

Recommendation:

APPROVE ON CONSENT

 

5.

2441 Shattuck Avenue 

 

Applicant: Baywood Building and Design, 5745A Horton Street, Emeryville
Use Permit #09-10000015 to establish a Carry Out Food Service delicatessen in an
existing grocery store (Zoning:  C-SA, South Area Commercial District; Planner: Fatema Crane).

 

Continued From:

NONE

 

Recommendation:

APPROVE ON CONSENT

 

6.

3240 Sacramento Avenue 

 

Applicant: Affordable Housing Associates, c/o Teresa Clarke, 1250 Addison Street, Suite G, Berkeley
Modification #09-70000021 to Use Permit #08-10000127 to revise approved plans for a
4-story mixed-use development for transition-age youth; revisions include increased
height of 21.25 inches, reduced rear setback on rear services building, new windows,
and various architectural changes (Zoning:  C-SA, South Area Commercial District;
Planner: Aaron Sage)

 

Continued From:

NONE

 

Recommendation:

APPROVE ON CONSENT

 

7.

2031 Sixth Street 

 

Applicant: Barbara Winslow, JSW/D Architects, 3106 Shattuck Ave., Berkeley
Variance/Use Permit #09-10000056 to construct 3-story addition (about 7,400 sq. ft.) to existing community health center, without providing required rear setback or off-street
parking (Zoning:  R-4, Multi-Family Residential District; Planner:  Aaron Sage)

 

Continued From:

NONE

 

Recommendation:

DENY Variance and Use Permit

 

8.

3045 Shattuck Avenue 

 

Applicant: Christina Sun, 3045 Shattuck Ave., Berkeley
Use Permit #09-10000046 to create a new dwelling unit and a quick service restaurant
(café) with outdoor benches in an existing mixed use building.  (Zoning: C-SA, South
Area Commercial District; Planner: Aaron Sage)

 

Continued From:

NONE

 

Recommendation:

APPROVE Use Permit

Additional Agenda Items:

A.     Information/Communication
B.     Business Meeting
C.     Chair’s Report
D.     Current Business / Committee Appointment
E.     Future Agenda Items
           *Special meeting on Pacific Steel Castings scheduled for January 14th
F.     Other Matters
G.        Future Council Hearings on ZAB decisions
            a.         1/19/10:  2421 Ninth Street (two story 2nd dwelling unit)
            b.         1/26/10:  1930 Martin Luther King Avenue (quick-serve with outdoor seating and extended hours)
            c.         1/26/10:  3001 Telegraph Avenue (mixed-use development)

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.
  • 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.