Agenda
 Zoning Adjustments Board 
Thursday, April 14, 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
  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. 

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 03/10/11 meeting
                        Recommendation: APPROVE


2.  1423 Kains Avenue 
      MODUP #10-70000010 and Variance #10-10000071 to modify Use Permit #07-10000045 by reducing the
      amount of approved off-street parking from four spaces to two, where four spaces are required.
      Property Owner: Ali Eslami, Telegraph/Regent LLC, P.O. Box 4623, Berkeley
      (Zoning: R-2, Restricted Two-Family Residential; Planner: Leslie Mendez)
                          Continued From: 11/4/10
                       Recommendation: APPROVE MODUP #10-70000010 and VAR #10-10000071 pursuant
                                                            to Section 23B.32.040

3.  1816-20 Scenic Street
      Use Permit Modification # 11-70000002 to modify Use Permit #7494, to move administrative offices to a
      nearby property at 2323 Hearst Avenue, thereby increasing the amount of useable space for client services at
      1816 and 1820 Scenic Avenue.
      Applicant/Owner:  Gary Rienzo, New Bridge Foundation, 1841 Berkeley Way, Berkeley
      (Zoning: R-4 (H), Multiple-Family Residential, Hillside Overlay; Planner: Nathan Dahl)
                           Continued From  NONE
                        Recommendation: APPROVE Use Permit Modification # 11-70000002 pursuant to Findings
                                                            and Conditions


4.  1511 Shattuck Avenue    
      Use Permit Modification # 11-70000003 to modify Use Permit #04-10000111 to change use in Suite F from
      carry-out food service to quick service and to add seating for 28.
      Applicant:  Roy Fong, 1511 Shattuck Avenue #F, Berkeley
      Property Owner:  Elite Properties, 1442A Walnut Street #399, Berkeley
      (Zoning: C-NS, North Shattuck Commercial; Planner: Nathan Dahl)
                           Continued From: NONE
                        Recommendation: APPROVE Use Permit Modification # 11-70000003 pursuant to Findings 
                                                            and Conditions

5.  2031 Sixth Street     
     Use Permit Modification #10-70000013 to modify approved plans for 3-story addition to existing community
     health center and allow temporary trailers during construction.
     Applicant: Barbara Winslow, JSW/D Architects, 3106 Shattuck Avenue, Berkeley
     Property Owner: LifeLong Medical Care, P.O. Box 11247, Berkeley
     (Zoning: R-4, Multi-Family Residential; Planner: Aaron Sage)
                            Continued From: NONE
                         Recommendation: APPROVE Use Permit Modification # 11-70000013 pursuant to Findings
                                                             and Conditions

Continued Public Hearings: 

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
    Property Owner: 2801 Adeline LLC c/o Harold Brandel, 1933 Francisco Street, Berkeley
   (Zoning: C-SA, South Area Commercial; Planner: Aaron Sage)
                           Continued From: 3/10/11
                        Recommendation: DENY UP#10-10000034 pursuant to the findings and 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
     Property Owner: Albert & Edith Kessler Trust, 1000 Marina Village Pkwy., Alameda
     (Zoning: C-W, West Berkeley Commercial; Planner: Aaron Sage)
                           Continued From: 3/10/11
                        Recommendation: DENY
UP#10-10000033 pursuant to the findings and 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 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.