Zoning Adjustments Board
Thursday, September 9, 2010 – 7:00PM

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.

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 that 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 8/12/10 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.  1711 McGee Avenue 
     Appeal of the Zoning Officer’s decision to approve Administrative Use Permit #10-20000048 to construct a 475 sq.
     ft., partial second-floor addition at the rear of a single-family residence, thereby increasing the average height of 
     the building from 12-ft. 6-in. to approximately 17 ft.
     Applicant:  Minxi Liu, 812 5th Avenue #D, Oakland
     Property Owner: Glen and Victoria Augustine, 1711 McGee Avenue, Berkeley
     Appellant: Rea Skabardonis, 1715 McGee Avenue, Berkeley
     (Zoning: R-2, Restricted Two-Family Residential; Planner: Nathan Dahl)
                                                    Continued From:     NONE
                                                    Recommendation:  DENY the appeal and uphold the Zoning Officer’s
 
                                                                                         decision to approve Administrative Use Permit #10-20000048
                                                                                         pursuant to Section 23B.32.040 and subject to the adopted
                                                                                         Findings and Conditions

Continued Public Hearings:

3. 1425 Henry Street 
     Use Permit #09-10000104 to modify an existing Use Permit, remodel an existing 28,250 square foot grocery store,
     construct a 17,250 square foot addition, and to extend the hours of operation for the store.
     Applicant: Lowney Architecture, 360 17th Street, Oakland
     (Zoning District: C-NS, North Shattuck Commercial and R-2A, Restricted Multiple Family Residential; Planner: 
     Greg Powell)
                                                    Continued From:    08/12/10
                                                    Recommendation: APPROVE
pursuant to Findings & Conditions


4. 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
     Property Owner: Jay Desai, 6288 Redwood Drive, Rohnert Park
     (Zoning District: Zoning: C-1, General Commercial, Mixed Use Overlay; Planner: Greg Powell)
                                                    Continued From:    08/12/10
                                                    Recommendation: APPROVE
pursuant to Findings & Conditions


New Hearings:

5. 2956 Shasta Avenue
    Appeal of the Zoning Officer’s decision to approve Administrative Use Permit #09-20000088 to construct a two-
    story addition to an existing single-family residence, comprising 313 square feet of living space on the main living
    level and 338 square feet of garage space as a new lower level, with an average height of 16 feet and a maximum
    height of 21 feet, and with a side yard setback of 3 feet and a front yard setback of 8 feet.
    Applicant/Owner: James and Heather O’Brien, 2956 Shasta Road, Berkeley
    Appellant: David Lee and Irene Moore, 2958 Shasta Road, Berkeley
    Other Parties:  David Jackovich, 2961 Shasta Road, Berkeley
                              Stefania Pandolfo, 2954 Shasta Road, Berkeley
    (Zoning District: R-1H, Single-Family Residential, Hillside District; Planner: Steven Buckley)
                                                     Continued From:    NONE
                                                     Recommendation: Open the Public Hearing,
review the project, appeal and
                                                                                          alternative plans, and provide direction.


6. 1572 Capistrano Street / 1575 Solano Avenue
     Use Permit #10-10000023 to change the use from retail to office use at 1572 Capistrano Avenue and change
     the use from retail to personal trainer/dance/exercise studio at 1575 Solano Avenue with the flexibility of    using the 1572 Capistrano site for a personal trainer use in the future.
     Applicant: Kava Massih Architects, 2830  9th Street, Berkeley
     Property Owner:  Wood Properties, P.O. Box 7038, Berkeley
     (Zoning:  C-SO, Solano Avenue Commercial District; Planner: Pamela Johnson)
                                                    Continued From:    NONE
                                                    Recommendation: APPROVE
pursuant to Section 23B.32.040 and to
                                                                                         Findings & Conditions


7. 1538 Carleton
     Use Permit #10-10000052 to raise an existing two-story, single-family home approximately 24”, thereby creating
     545 sq. ft. of new finished floor area at the ground level.
     Applicant:  Lonnie Nelson, 5900 Avila Avenue, El Ceritto
     (Zoning:  R-2, Limited Two-Family Residential; Planner: Nathan Dahl)
                                                   Continued From:    NONE
                                                   Recommendation: APPROVE
pursuant to Section 23B.32.040 and 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

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.

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.