Agenda

Zoning Adjustments Board 
Thursday, March 10, 2011 – 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
                      Toya Groves, appointed by Councilmember Anderson
                      Bertha Alicia Romo, 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 02/17/11 meeting
                                                   Recommendation: APPROVE

2.  1255 University Avenue
      Use Permit Modification # 10-70000014 to change hours of operation from 6 a.m. to 8 p.m. Monday
      through Saturday and 6 a.m. to 5 p.m. Sundays to 10 a.m. to midnight daily and to expand the existing
      outdoor seating area.
      Applicant/Property Owner:
Juan Ramo, 1106 Solano Avenue, Berkeley, Ca, 94706
      (ZONING DISTRICT: C-1 General Commercial Area; PLANNER: Nathan Dahl)
                                                    Continued From: NONE
                                                 Recommendation: APPROVE pursuant to Findings & Conditions

New Hearings: 

3.  2412 Stuart Street
     Reconsideration of Appeal of Administrative Use Permit #09-20000070 to legalize the elimination of one
     dwelling unit in a five-unit building, upon remand from the City Council.
     Applicant/Owner:
Mary Jennifer Friday, 2412 Stuart Street, #1, Berkeley CA 94705
     Appellant: Anne Tamiko Omura, Esq., Executive Director, Eviction Defense Center, A Nonprofit Law Corporation, |
     1611 Telegraph Avenue, #726, Oakland, CA 94612
      (ZONING DISTRICT: R-2, Restricted Two-family Residential; PLANNER: Steven Buckley)
                                                      Continued From: NONE
                                                   Recommendation: CONTINUE off-calendar

4.  715 Santa Barbara Street
     Use Permit # 10-10000030 to demolish an existing single-family home and rebuild a new single-family
     home and accessory dwelling unit.
     Applicant:
Patrick Sheehan, 2413 C, 5th Street, Berkeley Ca, 94710
     Property Owner: Ashrof Youssef, 2900 Buena Vista Way, Berkeley Ca, 94708
     (ZONING DISTRICT: R-1 (H) Single-Family Residential, Hillside Overlay; PLANNER: Nathan Dahl)
                                                     Continued From: NONE
                                                  Recommendation: CONTINUE without hearing to April 14, 2011. 

5.  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 DISTRICT: C-SA, South Area Commercial; PLANNER: Nathan Dahl)
                                                     Continued From: NONE
                                                  Recommendation: APPROVE pursuant to Findings & Conditions

6.  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 DISTRICT: C-SA, South Area Commercial; PLANNER: Aaron Sage)
                                                     Continued From: NONE
                                                  Recommendation: DENY pursuant to Findings & Conditions

7.  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 DISTRICT: C-W, West Berkeley Commercial; PLANNER: Aaron Sage)
                                                    Continued From: NONE
                                                 Recommendation: DENY pursuant to Findings & Conditions
 

8.  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 DISTRICT: C-2, Central Commercial; PLANNER: Aaron Sage)
                                                  Continued From: NONE
                                               Recommendation: DENY pursuant to Findings & Conditions

Discussion Item:

9. Group Living Accommodations / Households – Discussion of issues, policies and procedures, and regulatory
    options that could be recommended to the Planning Commission and Council for consideration.

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 Chair and Vice-Chair
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 5:00 pm on 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.