Agenda 

Zoning Adjustments Board
Thursday, February 25, 2010 – 7 PM

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:     Deborah Matthews (Chair), appointed by Mayor Bates
                      Robert Allen (Vice-Chair), appointed by Councilmember Olds
                      Michael Alvarez Cohen, appointed by Councilmember Wozniak
                      Jesse Anthony, appointed by Councilmember Anderson
                      Danfeng Koon, appointed by Councilmember Worthington
                      Ryan Lau, appointed by Councilmember Moore
                      Elisa Mikiten, appointed by Councilmember Maio
                      Sara Shumer, appointed by Councilmember Arreguin  
                      George Williams, appointed by Councilmember Capitellli

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 02/11/10 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.      700 Cragmont Avenue  
         Appeal of Administrative Use Permit # 09-20000153 to construct a 38 sq. ft., single-story addition at the rear
         of the     existing house and to install a hot tub within the rear yard.
         Applicant: Komorous-Towey Architects, Jordan Stewart, 315 14th Street, Oakland, CA 94612
         (Zoning:  R-1(H) Limited Single-Family Residential, Hillside Overlay; Planner:  Nathan Dahl)
                                                      Continued From:    NONE
                                                      Recommendation: DENY the Appeal and uphold the 
                                                                                          Zoning Officer’s decision to approve 
                                                                                          Administrative Use Permit # 09-20000153

3.       3022 Harper Street         
           Appeal of Administrative Use Permit #09-20000069
to legalize the construction of a 28-ft. long garage
          with an average height of 10-feet, 5-inches, that is less than 75-feet from the front property line, and to 
          correct its location spanning a property by removing the south side wall and relocating the structure to abut
          the property line at a 0-ft. (zero) side yard setback where a minimum of 4-feet is otherwise required.
          Applicant: Patricia Motzkin, AIA; 2927 Newbury Street, Berkeley, CA 94703
          (Zoning: R-2A, Restricted Multiple Family Residential District; Planner:  Fatema Crane)
                                                    Continued From:    NONE
                                                    Recommendation: DENY the Appeal and uphold the 
                                                                                         Zoning Officer’s approval of 
                                                                                         Administrative Use Permit #09-
                                                                                         20000069

New Hearings: 

4.           2711 Shattuck Street 
              Use Permit #09-10000077 to construct a residential building with 22 residential hotel rooms within a
              8,821 square foot, four-story, residential building with no off-street parking spaces.
              Applicant: Cara Houser, Panoramic Interests, 2116 Allston Way, Suite 1, Berkeley, CA 94704
              (Zoning: C-SA, Commercial-South Area; Planner:  Greg Powell)
                                                    Continued From:     NONE
                                                    Recommendation:  APPROVE Use Permit #09-10000077


5.          1600 Shattuck Avenue, Suite 118
              Use Permit #09-10000058 to establish incidental beer and wine service in an existing quick-service
              restaurant, and extend hours of operation from 10 p.m. until 11 p.m.
              Applicant: Dwane Kennedy, CITYshapers, 1468 25th Street, Suite 401, San Francisco, CA 94107
              (Zoning District: C-NS, North Shattuck Commercial; Planner: Aaron Sage)
                                                    Continued From:     NONE
                                                    Recommendation:  APPROVE Use Permit #09-10000058

Additional Agenda Items:
A. Information/Communication
6.          1725 University 
              Update on DR#00-30000104, Final Design Review Modification of a mixed-use building with three
              stories of residential units over commercial and garage ground floor space.  Proposed modification is 
              for enclosure / screen for existing rooftop mechanical equipment.
                                                     Continued From:      NONE
                                                     Recommendation:   NO ACTION REQUIRED

7.           2223 Marin 
              Update on 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.
              Applicant: Hiromi Ogawa Architects, 115 Moffit Street, San Francisco, CA
              (Zoning: R-1(H): Single-Family Residential, Hillside District; Planner: Fatema Crane)
                                                     Continued From:    NONE
                                                     Recommendation: NO ACTION REQUIRED

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
• Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.  Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record.  If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee.  If you do not want your contact information included in the public record, please do not include that information in your communication.  Please contact the secretary to the relevant board, commission or committee for further information.
• 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: Steven Buckley, 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.