Planning and Development Department
Land Use Planning Di
                                                                                             Agenda

                                                                                              Zoning Adjustments Board
                                                                                        Thursday, April 22, 2010, 7:00 PM
                                                                 City Council Chambers, 2134 Martin Luther King Junior Way, 2nd Floor
                                                                                     Berkeley, CA  94704  (Wheelchair Accessible)

Public Testimony Guidelines

The Board Chairperson 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 Wengraph
                     Michael Alvarez Cohen, appointed by Councilmember Wozniak
                     Jesse Anthony, appointed by Councilmember Anderson
                     Danfeng Koon, appointed by Councilmember Worthington
                     vacant, 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 
The Board invites comment on topics not otherwise on the agenda.  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 Agenda 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 04/08/10 meeting
                                              Recommendation: APPROVE


2.  651 Addison Street     
     Use Permit Modification #10-70000002
to revise a mitigation measure regarding air quality required by Use
     Permit #07-10000057, within a project approved by the ZAB in 2009, for a mixed use development with 94
     dwelling units, 1,100 square feet of general commercial floor area, and 1,484 square feet quick-service restaurant
     (with incidental sidewalk seating and the service of beer and wine with food). (Zoning;  CW, Commercial West Berkeley)
     Applicant:    Aquatic Park Enterprises LLC, 1600 Shattuck Avenue, Suite #216, Berkeley
     Continued From: April 8, 2010
     Recommendation: ADOPT the Addendum to the EIR; and APPROVE Use Permit Modification #10-70000002, to
                                         modify Use Permit #07-10000057.


3.  700 University Avenue
     Use Permit Modification #10-70000001 to revise Condition #56 regarding air quality required by Use Permit
     #04-10000069, within a project approved by the ZAB in 2007 for a mixed use development with 171 dwelling units
     and 9,995 square feet of new commercial floor area. (Zoning:  CW, Commercial West Berkeley)
     Applicant:    Essex Property Trust, 925 East Meadow Drive, Palo Alto, CA 94303
     Continued From:     None
     Recommendation: ADOPT the Addendum to the EIR; and APPROVE Use Permit Modification #10-70000001,
     to modify Use Permit #04-10000069


Compliance Determination:

4.  1421 Second Street
      Use Permit #06-10000045: Performance Review
      Owner/Operator/Representative: Christina Chan, 1333 Second Street, Berkeley
      Continued from: March 11, 2010
      Recommendation: Conduct workshop with OEHHA regarding health and air quality impacts of Pacific
      Steel Castings
 


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.
 

5.  1006 Creston Road
      Appeal of Administrative Use Permit #09-20000034 to reconstruct a 2-story, approximately 3,100-sq. ft.,
      fire-damaged   residence as-of-right, to add approximately 1,800 sq. ft. of new floor area to the original building
      envelope, to include a new Accessory Dwelling Unit in the lower level of the building and roof deck atop.
      (Zoning: R-1(H), Single-Family Residential, Hillside Overlay)
      Applicant:    Mark Anderson, AIA, Anderson Anderson Architecture, 90 Tehama Street, San Francisco
      Property Owner:   Christine Sheppard, P. O. Box 1007, Jamestown, ND
      Appellant:   Joseph Wood of Hennefer, Finley & Wood, LLP, 425 California Street, San Francisco
      Continued From: April 8, 2010
      Recommendation: APPROVE project, upholding the Zoning Officer’s decision with modified plans, and
      dismiss the appeals

6.   2244 Dwight Way 
      Appeal of Administrative Use Permit #09-2000078 to construct a 3-story, 1,661-sq. ft. addition at the rear of
      an existing 2,668- sq. ft., 2-story duplex. (Zoning:  R-4, MultiFamily Residential)
      Applicant:  Charles Huddleston, 1305 Boulevard Way, Walnut Creek
      Property Owner:   Robert Cabrera, 23 Hillside Court, Berkeley
      Appellant:   Bob Viener, 2239 Blake Street, Berkeley
      Appellant:   Linda Bunden, 2520 Ellsworth Street, Berkeley
      Continued From: April 8, 2010
      Recommendation: APPROVE project, upholding the Zoning Officer’s decision with modified plans, and dismiss
      the appeals


7.  35 Rock Lane 
     Appeal of Administrative Use Permit #09-20000090, to construct a new third story of approximately 583 sq. ft. on
     an existing   two-story, approximately 1,589-sq. ft. single-family residence.  (Zoning: R-1(H), Single-Family Residential,
     Hillside Overlay
     Applicant:  Phillip Moss, 912 Santa Fe Avenue, Albany
     Appellant:   Steven Rood, Esq., 405 14th Street, Suite 212, Oakland
     for Iris X. Wang and JiangKang Liu, 43 Rock Lane, Berkeley
     Appellant:   Margaret Paternek, 55 Rock Lane, Berkeley
     Continued From: April 8, 2010
     Recommendation: APPROVE project, upholding the Zoning Officer’s decision, and dismiss the appeals


Continued Items (Public Hearing has been closed): NONE

Continued Public Hearings:

8.  2926 Domingo 
     Use Permit #10-10000004 to establish a retail wine store with daily on-site wine tasting in an existing 1,300 square
     foot retail space.  (Zoning:  C-N, Neighborhood Commercial)
     Applicant:  Jim Meyers/Wine Thieves, 542 Gabriel Court, Walnut Creek, CA 94597
     Continued From: April 8, 2010
     Recommendation: APPROVE pursuant to Findings and Conditions


New Public Hearings:

9.  2004-6 Delaware Street
     Use Permit #09-10000052 to alter and raise a portion of the roof line on a duplex at a property that exceeds the
     maximum lot   coverage standards for the district. (Zoning:  R-2A Restricted Multiple Family Residential)
     Applicant:  Sally Lang, Bliss design/build, 4132 Shafter Avenue, Oakland
     Property Owner:    Sylvia Spengler, Oliver Goldschmidt and Francoise Sorgen
     Goldschmidt, 2006 Delaware Street, Berkeley
     Continued From: None
     Recommendation: APPROVE pursuant to Findings and Conditions


10.  2598-2600 Shattuck Avenue
       Use Permit #08-10000130
to construct a mixed-use development with two 5-story mixed-use buildings
       (2598-2600 Shattuck) and one 3-story residential building (2037 Parker), a total of 155 dwelling units, 22,905
       sq. ft. of ground floor commercial space, and at least 170 parking spaces. (Zoning: C-SA, South Area Commercial
       and R-2A, Restricted Multiple-Family Residential)
       Applicant:  Mark Rhoades, CityCentric Investments, 5715 Claremont Avenue, Oakland
       Continued From: None
       Recommendation: APPROVE pursuant to Findings and Conditions


Additional Agenda Items:

A. Information / Communication
      Housing Trust Fund Application Summaries

B. Business Meeting

C. Chair’s Report

D. Current Business / Committee Appointment

       Design Review Committee – Appoint New Member

E. Future Agenda Items

F. Other Matters

G. Future Council Hearings on ZAB decisions

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.
• 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 use permit or variance for a project,
the following requirements and restrictions apply:
1. If you challenge the decision of the City in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Adjustments
Board at, or prior to, the public hearing.
2. 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 Land Use Planning Division in writing of your desire to
receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b), no lawsuit challenging a City Council decision, as defined by
Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit 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). Any
lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code
of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit 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).  Any lawsuit not
filed within that ninety (90) day period will be barred.
5. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest
period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action
by the City, and that any challenge must be filed within this 90-day period.
6. 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.