Agenda

 Zoning Adjustments Board
Thursday, February 17, 2011 – 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 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
                  Toya Groves, appointed by Councilmember Anderson
                  Bertha Alicia Romo, appointed by Councilmember Worthington
                  Teresa Clarke, 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 01/13/11 meeting
                                                 Recommendation: APPROVE

2.  1881 Alcatraz Avenue      
      Use Permit # 10-10000079 to change the use from barber/beauty to a plumbing contracting
      business.
      Applicant:
Raul Delgado, 1808 Shasta St., Richmond CA, 94804
      (Zoning: C-SA, South Area Commercial; Planner: Nathan Dahl)
                                                  Continued From: NONE
                                                Recommendation: CONTINUE without hearing to March 10, 2011

 3.  2801 Adeline Street
      Use Permit #10-10000034 to allow retail sales of beer and wine for off-site consumption at an
      existing retail pharmacy (Walgreen’s)
      Applicant:
Walgreen Co., 104 Wilmot Rd., 2nd floor, Deerfield, IL, 60015
      Attorney for Applicant: Haas & Najarian, LLP, Attn: Rob Nicholas, 58 Maiden Lane, 2nd floor,
      San Francisco, CA 94108
      Property Owner: 2801 Adeline, LLC, c/o Harold Brandel, 1933 Francisco Street, Berkeley, CA 94709
      (Zoning: C-SA, South Area Commercial; Planner: Aaron Sage)
                                                   Continued From: NONE
                                                Recommendation: CONTINUE without hearing to March 10, 2011

4.  1050 Gilman Street      
      Use Permit #10-10000033 to allow retail sales of beer and wine for off-site consumption at an
      existing retail pharmacy (Walgreen’s)
      Applicant:
Walgreen Co., 104 Wilmot Rd., 2nd floor, Deerfield, IL, 60015
      Attorney for Applicant: Haas & Najarian, LLP, Attn: Rob Nicholas, 58 Maiden Lane, 2nd floor, San
      Francisco, CA 94108
      Property Owner: Albert & Edith Kessler Trust, 1000 Marina Village Pkwy., Alameda, CA 94501
      (Zoning: C-W, West Berkeley Commercial; Planner: Aaron Sage)
                                                 Continued From: NONE
                                               Recommendation: CONTINUE without hearing to March 10, 2011

5.  2187 Shattuck Avenue     
     Use Permit #10-10000035 to allow retail sales of beer and wine for off-site consumption at an
     existing retail pharmacy (Walgreen’s)
     Applicant:
Walgreen Co., 104 Wilmot Rd., 2nd floor, Deerfield, IL, 60015
     Attorney for Applicant: Haas & Najarian, LLP, Attn: Rob Nicholas, 58 Maiden Lane, 2nd floor, San
     Francisco, CA 94108
     Property Owner: Hirahara Family Limited Partnership, Attn: Shannon Fowler, 89 Davis Rd., Suite 160,
     Orinda, CA 94563
     (Zoning: C-2, Central Commercial; Planner: Aaron Sage)
                                                 Continued From: NONE
                                              Recommendation: CONTINUE without hearing to March 10, 2011

New Public Hearings:

6.  3027 Adeline Street
     Use Permit # 10-10000042 to install an automatic teller machine within the interior of an
     existing liquor store.
     Applicant:
Sucha Banger 3027 Adeline Street Berkeley CA, 94703
     (Zoning: C-SA South Area Commercial District; Planner: Nathan Dahl)
                                               Continued From: NONE
                                            Recommendation: APPROVE Use Permit subject to Findings &
                                                                                Conditions

7.  1841 Euclid Avenue
      Use Permit #10-10000075 to expand alcohol service from beer and wine to include distilled
      spirits for on-site consumption at an existing restaurant.
      Applicant:
Salvador Lopez, 8605 Thors Bay Rd., El Cerrito, CA 94530
      Property Owner: Jeanne Wong, agent for Wong Kwan Family Trust, 1715 Solano Avenue, Suite A, 
      Berkeley, CA 94707 
      (Zoning: Neighborhood Commercial-Hillside Overlay (CN-H); Planner: Pamela Johnson)
                                               Continued From: NONE
                                            Recommendation: APPROVE Use Permit subject to Findings & 
                                                                                 Conditions

8.  3023 Shattuck Avenue     
     Use Permit #10-10000080 to establish a music and dance training studio with artist residency
     and ancillary office.
     Applicant:
Gamelan Sekar Jaya, 4803 Shattuck Avenue, Oakland, CA  94609
     Property Owner: Sugimoto Family Trust, Haveford Avenue, Pacific Palisades, CA  90272
     (Zoning: C-SA South Avenue Commercial District; Planner: Leslie Mendez)
                                               Continued From: NONE
                                            Recommendation: APPROVE Use Permit subject to Findings &
                                                                                 Conditions

9.  1640 Walnut Street, Unit D                   
      Use Permit #10-10000024 to construct a 327 sq. ft., 2-story addition and 2nd story deck on a
      single-story cottage that extends non-conforming rear and right side yards; to demolish a
      detached garage and site uncovered parking in the rear yard on a property that is non-
      conforming for lot coverage.
      Applicant:
Laurie Edwards, 1640 Walnut Street, #D, Berkeley, CA  94709 
      Contact: Catherine Roha, Architect, 1705 Parker Street, Berkeley, CA  94703 
      (Zoning: R-4, Multi-Family Residential District; Planner: Leslie Mendez)
                                                Continued From: NONE
                                             Recommendation: APPROVE Use Permit subject to Findings &
                                                                                 Conditions

10.  1760 Solano Avenue
        Use Permit Modification #09-70000017 to modify the T-Mobile wireless telecommunication 
        facility approved by AUP #98-20000229 to allow the relocation of three existing antennas
        and installation of 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: Pamela Johnson)
                                                 Continued From: NONE
                                              Recommendation: APPROVE Use Permit subject to Findings &
                                                                                  Conditions

11.  18 Del Mar Avenue
        Administrative Use Permit #09-2000102 to enlarge an existing 1,399 sq. ft. single family
        residence by constructing a 320 sq. ft. addition, resulting in a new 1,719 sq. ft. residence,
        increasing the average height from 18’ to 22’, vertically extending a non-conforming front
        and rear yard setback, and construct a trellis 9’ in height and a wall 11’ in height.
        Applicant:
John and Elaine Quiter, 3286 Keeshen Drive, Los Angeles, CA 90066
        (Zoning: R-1(H), Single Family Residential - Hillside District; Planner: Pamela Johnson)
                                                 Continued From: NONE
                                              Recommendation: APPROVE Use Permit subject to Findings &
                                                                                  Conditions

12.  2030-2036 University Avenue
       Use Permit Modification #11-70000001 to modify approved permit for a live music venue
       (“UC Theatre”) by removing approved café adjacent to street frontage to create display
       windows, and by allowing higher sound levels pursuant to City’s noise ordinance
       (BMC Chapter 13.40)
       Applicant:
  David M. Mayeri and Dawn Holliday c/o Remiker Architects, 2233 Fifth St., Berkeley,
       94710
       Property Owner:  UC Studios, LLC, 2295 San Pablo Ave., Berkeley, 94702
       (Zoning: C-2, Central Commercial District; Planner: Aaron Sage)
                                                  Continued From: NONE
                                               Recommendation: APPROVE Use Permit subject to Findings &
                                                                                   Conditions

13.  2230 Jefferson Street        
        Use Permit #10-10000002 to expand enrollment for the existing child care center from 25 to
        33 children, ages 18 months to five years old; establish a religious prayer and instructional
        child care for children 12 years old and under, 9 a.m. to 1 p.m. on Saturdays and 6 p.m. to
        10 p.m. on Jewish holidays; and to construct a new second story, containing an additional
        596 sq. ft. of space for the child care center and a new 871 sq. ft. dwelling unit.
        Applicant/Property Owner:
  Congregation Beth Israel, 1630 Bancroft Way, Berkeley
        (Zoning: R-2, Restricted Two-Family Residential District; Planner: Nathan Dahl)
                                                 Continued From: NONE
                                              Recommendation: APPROVE Use Permit 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 – ELECTION OF OFFICERS
C. Chairperson’s Report
D. Current Business/Committee Appointment
E. Future Agenda Items – Group Living Accommodation discussion, March 10, 2011
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 Board 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.