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Agenda
Zoning Adjust
ments Board 
Thursday, January 28, 2010, 7PM
City Council Chambers, 2134 Martin Luther King Junior 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
percieved 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

1.        Approval of Previous Meeting Minutes 
           Minutes from 01/14/10 meeting
                                                        Recommendation: APPROVE

Appeal of Administrative Use Permit/Staff Level Design Review: NONE
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.

Continued Items (Public Hearing has been closed): NONE

Continued Public Hearings: NONE

Compliance Determination: NONE

New Hearings:

1.            3095 Telegraph Avenue 
               Use Permit #09-20000161 to establish a laundromat.
               Applicant:  PWS, The Laundry Company c/o Bob McTavish, 365 Swift Street, South San Francisco
               (Zoning: C-1, General Commercial District;  Planner:  Pamela Johnson)
                                                           Recommendation: APPROVE

2.            2329 Valley Street
               Use Permit #09-10000062
  to construct a new second story of approximately 690 square feet
               to an existing single-story house that vertically extends a non-conforming left side yard setback 
               (1’-7¼” where 3’-6” is required) on a property with a lawful, non-conforming lot coverage of 42.27%
               where 40% is permitted.
               Applicant: Alyson Furer Kaldis, Jason Kaldis Architect, Inc., 1250 Addison Street, Studio 210,
               Berkeley
               (Zoning: R-1, Single-Family Residential;  Planner:  Leslie Mendez)
                                                           Recommendation: APPROVE

3.            145 Forest Lane
                Use Permit #09-10000096 to construct a third-story deck and add new rear window to a
                single-family dwelling with non-conforming lot coverage and rear setback.
                Applicant: Christian Bauer and Alicia Kavelaars, 145 Forest Lane, Berkeley
                (Zoning:  R-1, Single-Family Residential;  Planner:  Aaron Sage)
                                                           Recommendation: APPROVE 

4.            2707 Rose Street 
               Use Permit #09-10000038 to demolish an existing two-story, 2,477 square foot, single-family 
               dwelling and three detached one-car garages and to construct a two-story, 6,478 square foot,
               single-family dwelling, with a 3,394 square foot, 10-car garage, on a 29,714 square foot parcel.
               Applicant: Donn Logan  (Marcy Wong / Donn Logan Architects), 800 Bancroft Way, Suite 200,
               Berkeley
              (Zoning:  R-1 (H), Single-Family Hillside District;  Planner:  Greg Powell)
                                                           Recommendation: APPROVE

5.           2312 Telegraph Avenue 
              Variance / Use Permit #09-10000039 to establish beer and wine sales in an existing grocery store
              and delicatessen in a district where these sales are prohibited, and to extend the hours of operation
              for the store from 7 a. m. to 10 p. m. daily to 7 a. m. to 10 p. m. Sunday through Friday and 7 a. m. to
             11 p. m. on Saturdays.
              Applicant: Fuad and Muna Ayyad for Samer Market, Inc., 2312 Telegraph Avenue, Berkeley
             (Zoning:  C-T, Telegraph Avenue Commercial;  Planner:  Fatema Crane)
                                                       Recommendation: 1. DENY the request for a Variance to 
                                                                                               establish the sale of beer and wine
                                                                                               in the CT - Telegraph Avenue 
                                                                                               Commercial district; and

                                                                                           2. DENY the request for a Use Permit 
                                                                                               to establish a retail alcoholic
                                                                                               beverage sales outlet; and

                                                                                           3. APPROVE Use Permit #09-
                                                                                               10000039
to modify Condition #13
                                                                                               of Use Permit 07-10000026 to
                                                                                               extend the operating hours for the
                                                                                               existing store beyond those hours 
                                                                                               previously established in the Use
                                                                                               Permit.
 

6.            2565 Telegraph Avenue
               Use Permit #09-10000068
to add incidental beer and wine service to an existing full
               service restaurant.
               Applicant: Permit Expeditors, P.O Box 1267, Orinda
               (Zoning: C-T, Telegraph Commercial District;  Planner: Steven Buckley)
                                                            Recommendation: APPROVE

Additional Agenda Items:
A.       Information/Communication
B.       Business Meeting
C.      Chair’s Report
D.      Current Business/Committee Appointment
E.      Future Agenda Items
F.      Other Matters
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.
• Correspondence received by 5 pm the 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.