Zoning Adjustments 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
Planning and Development Department, Land Use Division
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
Each Speaker is limited to a maximum of three minutes.
The Board Chair may reorder the agenda at the beginning of the meeting.
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
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
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)
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,
(Zoning: R-1, Single-Family Residential; Planner: Leslie Mendez)
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)
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,
(Zoning: R-1 (H), Single-Family Hillside District; Planner: Greg Powell)
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
6. 2565 Telegraph Avenue
Use Permit #09-10000068 to add incidental beer and wine service to an existing full
Applicant: Permit Expeditors, P.O Box 1267, Orinda
(Zoning: C-T, Telegraph Commercial District; Planner: Steven Buckley)
Additional Agenda Items:
B. Business Meeting
C. Chair’s Report
D. Current Business/Committee Appointment
E. Future Agenda Items
F. Other Matters
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 firstname.lastname@example.org
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
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.