Agenda

 Zoning Adjustments Board
Thursday, June 24, 2010, 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr. Way, Second 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 agenda 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 e-mail in advance of the meeting.  See
Correspondence and Notice of Decision Requests at the end of this Agenda for procedures.

How to Contact Us:  Land Use Planning Division (Attn: Steven Buckley, ZAB Secretary), 2120 Milvia Street,
Berkeley, CA 94704; (510) 981-7410; zab@ci.berkeley.ca.us

Roll Call: Deborah Matthews (Chairperson), appointed by Mayor Bates
                  Robert Allen (Vice-Chairperson), appointed by Councilmember Wengraf
                  Michael Alvarez Cohen, appointed by Councilmember Wozniak
                  Jesse Anthony, appointed by Councilmember Anderson
                  Danfeng Koon, appointed by Councilmember Worthington
                  Edward Kopelson, appointed by Councilmember Moore
                  Elisa Mikiten, appointed by Councilmember Maio
                  Sara Shumer, appointed by Councilmember Arreguin  
                  George Williams, appointed by Councilmember Capitelli

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 Chairperson 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 pm.  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 06/10/10 meeting
                                                 Recommendation: APPROVE


Compliance Determination:

2.  2366 Pablo Avenue 
Use Permit #8495 - Revocation of non-conforming abandoned drive-thru service window at existing food
service establishment, under BMC Section 23C.04.030
(Zoning: RC-W, West Berkeley Commercial; Planner: Aaron Sage)
 Applicant: Nahla Droubi, 22 Echo Hill Lane, Moraga, CA 94556
                                                Continued From: NONE
                                                Recommendation: ADOPT a resolution declaring Use Permit #8495 for a drive-thru 
                                                                                    service window to be terminated

Continued Public Hearings: 

3. 2004-06 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 District; Planner: Pamela Johnson)
 Applicant: Sally Lang, Bliss design/build, 4132 Shafter Avenue, Oakland, CA 94609
Owner: Sylvia Spengler, Oliver Goldschmidt and Francoise Sorgen Goldschmidt, 2006 Delaware Street, Berkeley
                                               Continued From: 04/22/10
                                               Recommendation: APPROVE
revised design option 1, subject to Findings &
                                                                                   Conditions


New Hearings: 

4. 3206 College Avenue 
Use Permit #10-10000040 to establish a retail candy store with incidental gelato sales in an existing 1,517
square foot retail space.
(Zoning: Neighborhood Commercial (C-N) District; Planner: Leif Bursell)
 Applicant: Zoon Enterprises Inc. dba Powell’s Sweet Shoppe, 2727 Lariat Lane, Walnut Creek, CA 94596
Owner: KB Properties/Brad Drury, P.O. Box 6456, San Rafael, CA, 94903
                                              Continued From: NONE
                                              Recommendation: APPROVE
subject to Findings & Conditions

5. 2140 McKinley Avenue
Use Permit #09-10000095
to construct a three-story, 2,323 square foot, single-family dwelling, with an average
height of 28’-7” on a 3,848 square foot parcel.
 (Zoning: R-2 Restricted Two-Family Residential District; Planner: Pamela Johnson)
 Applicant: Stuart Wright c/o Studio Bergtraun Architects, 5500 Doyle Street, Emeryville, CA 94608
Owner: Jack and Lorraine Scanlin, 2005 Eagle Avenue, Alameda, CA 94501
                                             Continued From: NONE
                                             Recommendation: APPROVE
subject to Findings & Conditions

6. 251 Tunnel Road
Use Permit # 09-10000102 to establish a 21 car parking lot to be used by faculty and staff from the Bentley
School.
 (Zoning: R-1(H) – Single-Family Residential, Hillside Overlay; Planner: Nathan Dahl)
 Applicant/Owner: Bentley School, 1 Hiller Drive, Oakland, CA 94618
                                            Continued From: NONE
                                            Recommendation: APPROVE
subject to Findings & Conditions


Additional Agenda Items:
The following agenda items may be discussed, but no action may be taken unless a specific item is listed
on this agenda.
A. Information/Communication
B. Business Meeting
C. Chairperson’s Report
D. Current Business/Committee Appointment
E. Future Agenda Items
F. Other Matters
     • New 2010 Downtown Area Plan memo from Mayor Bates from June 22, 2010 City Council meeting.

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 or if in color or photographic format.
• Correspondence received by the 5:00 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

  clip_image001.jpg Accessibility Information / ADA Disclaimer
This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s)
to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist
at 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date.  Please refrain from
wearing scented products to this meeting.

SB 343 Disclaimer
Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be
made available for public inspection at the Permit Service Center, Planning and Development Department located
at 2120 Milvia Street, Berkeley, during regular business hours.

Legal Notice Concerning Your Legal Rights
If you object to a decision by the Zoning Adjustments Board regarding a land use permit 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), and 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.
4. 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.
5. 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.