Agenda

Zoning Adjustments Board 
Thursday, August 12, 2010 - 7 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 07/22/10 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  1668 Capistrano Avenue
      Appeal of Administrative Use Permit # 10-20000057 to construct a 922 sq. ft., second-story addition, thereby 
      increasing the average height of the building from 17’2’’ in average height to 26’9’’ in average height.  
      Applicant:Debbie Kim & Kathryn Rogers – 1496-C Solano Avenue, Albany, CA 94706
      Property Owner: Mark and Karen Tompkins 1668 Capistrano Avenue, Berkeley, CA 94707
      Appellant: Sondra Markowitz 1674 Capistrano Avenue, Berkeley,CA 94707
      Other Party: Mike Seuferer 1657 Capistrano Avenue, Berkeley, CA 94707
      (Zoning:  R-1 Single-Family Residential; Planner: ND)
                                                  Continued From: NONE
                                                Recommendation: DENY the appeal and uphold the Zoning Officer’s
                                                                                    decision to approve Administrative Use Permit # 10-20000057
                                                                                   
3  1837 Sonoma Avenue
     Appeal of Administrative Use Permit #10-20000029 to convert an existing 332 sq. ft. studio to an Accessory
     Dwelling Unit, located 4’2” from the rear lot line and to construct a new 276 sq. ft. accessory building containing
     habitable space (studio) with an average height of 12’6”, located 2’6” from the side lot line, and to allow tandem
     parking.
     Applicant: Frederick Hyer/Hyer Architecture – 263 Amhearst Ave., Kensington, CA 94708
     Appellant: Keith Winnard and Adele Carroll, 1147 Fresno Avenue, Berkeley, CA 94707
     (Zoning:  R-1 – Single-Family Residential; Planner: PJ)
                                                  Continued From: NONE
                                               Recommendation: DENY the appeal and uphold the Zoning Officer's decision to
                                                                                    approve Administrative Use Permit #10-20000029

1709 Francisco Street
    Appeal of Administrative Use Permit #10-20000066 to construct a two-story, 384 square foot, two-story addition,
    with an average height of approximately 19 feet, at the rear of an existing, two-story, 1,369 square foot single-family
    home with an average height of approximately 17.5 feet.
    Applicant: Tim Rempel, Rempel Architects, 423 E. Blithedale Avenue, Mill Valley, CA
    Appellant: Rea Skabardonis, 1715 McGee Avenue, Berkeley, CA
    (Zoning:  R-2, Two-Family Residential; Planner: Pamela Johnson)
                                                 Continued From: NONE
                                              Recommendation: DENY the appeal and uphold the Zoning Officer’s decision to approve
                                                                                   to approve Administrative Use Permit #10-20000066

New Hearings: 

5  1760 Solano Avenue    
      Use Permit Modification 09-70000017 to modify the T-Mobile wireless telecommunication facility approved 
      by AUP 98-20000229 to allow the replacement of three existing antennas and permit one additional equipment
      cabinet.  
      Applicant: T-Mobile Communications, c/o Alex Morin, 1888 Golden Gate #20, San Francisco, CA 94112
      Property Owner: Arnold and Dorothy Intorf Trust, c/o Stephen Ng, 1760 Solano Avenue, Berkeley
      (Zoning:  C-SO, Solano Avenue Commercial District; Planner: PJ)
                                                  Continued From: July 22, 2010
                                               Recommendation: DENY Use Permit pursuant to Findings & Conditions


6  2849 Garber Street
     Use Permit # 10-10000061 to construct a 72 sq. ft. residential addition at the fourth floor, a new bay window at
     the third floor, increase the railing height of a roof deck to 42” and construct a staircase from the roof deck to the
     rear yard.
     Applicant: Applicant Megan Riera  2833 10th Street Berkeley CA, 94710
     Property Owner: Jeremy Bled and Katherine Dawson  2849 Garber Street  Berkeley CA, 94705
     (Zoning:  R-1 Single Family Residential; Planner: ND)
                                                  Continued From: NONE
                                               Recommendation: APPROVE subject to Findings & Conditions

7.  1701 San Pablo Avenue
      Use Permit #10-10000064
to establish an open air market in the parking lot of the Berkeley Adult School,
      including live entertainment, Saturdays from 10 a.m. to 3 p.m.
      Applicant: Beehive Market Inc. 2607 Seventh Street, Suite A Berkeley CA, 94710
      Property Owner: Berkeley Public School District 2134 Martin Luther King Jr. Way Berkeley CA, 94704
      (Zoning:  C-W West Berkeley Commercial; Planner: ND)
                                                 Continued From: NONE
                                              Recommendation: APPROVE pursuant to Findings & Conditions

8.  1688 Shattuck Avenue      
      Use Permit #10-10000038
to expand the existing full-service restaurant at 1686 Shattuck Avenue into the
      subject tenant space at 1688 Shattuck Avenue, thereby converting the space from retail to food service.
      Applicant: Atsushi Katsumata, 1522 Walnut Street, Berkeley, CA 94709
      Property Owner: John Erdmann,  1690 Shattuck Ave. Berkeley, CA 94709
      (Zoning:  C-NS North Shattuck Commercial Area; Planner: ND)
                                                  Continued From: NONE
                                               Recommendation: APPROVE pursuant to Findings & Conditions

9.  1499 University Avenue
      Use Permit #10-10000014
to construct and operate a 3-story, 16,738 square foot, 39-room tourist hotel with
      a 33-space parking garage
      Applicant: Dennis Vermeulen, Kava Massih Architects, 2830 Ninth Street, Berkeley, CA 94710
      (Zoning:  C-1, General Commercial, Mixed Use Overlay; Planner: GP)
                                                 Continued From: NONE
                                              Recommendation: OPEN public hearing, and continue to September 9, 2010

10 1425 Henry Street / 1444 Shattuck Avenue
      Use Permit #09-10000104 to remodel an existing 28,250 square foot grocery store and construct a 17,900
      square foot addition; to expand the floor area devoted to the retails sales of beer, wine, and distilled spirits; to
      expand the floor area and add interior and exterior seating for the existing incidental food or beverage for
      immediate consumption.
      Applicant: Lowney Architecture, 360 17th Street, Oakland, CA 94612
      Property Owner: Safeway, 5918 Stoneridge Mall Road, Pleasanton, CA 94588
      (Zoning:  C-NS, North Shattuck Commercial and R-2A, Restricted Multiple Family Residential; Planner: GP)
                                                  Continued From: NONE
                                               Recommendation: OPEN public hearing, and continue to September 9, 2010

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

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.
• 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.jpgAccessibility 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.

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 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.