Agenda

Zoning Adjustments Board
Thursday, May 12, 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: 
  George Williams (Chairperson), appointed by Councilmember Capitelli
  Michael Alvarez Cohen (Vice-Chairperson), appointed by Councilmember Wozniak
  Robert Allen, appointed by Councilmember Wengraf
  Teresa Clarke, appointed by Councilmember Moore
  Toya Groves, appointed by Councilmember Anderson
  vacant, appointed by Councilmember Worthington
  Deborah Matthews, appointed by Mayor Bates
  Elisa Mikiten, appointed by Councilmember Maio
  Sara Shumer, appointed by Councilmember Arreguin  
  

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 04/14/11 meeting
                                                   Recommendation: APPROVE

Preview of Upcoming Projects:

2. 2113 University Avenue
    Use Permit #10-10000078 to rehabilitate and construct new buildings within the existing footprint of the
    McFarlane Building (1979-87 Shattuck/2111-13 University), and the Ace Hardware Building (2145 University
    Avenue); to rehabilitate the facades of the Acheson Physicians Building (2125 University Avenue); and the
    relocation or demolition of the buildings at 1922 & 1930 Walnut Street to allow the construction of a new mixed
    use building.
    Applicants/Owners: Equity Residential, 26970 Aliso Viejo Parkway #250, Alison Viejo, CA
    (Zoning: C-1, General Commercial; Planner: Greg Powell)
                                                  Continued From: NONE
                                               Recommendation: PROVIDE COMMENT
to staff and the applicant. 

3. 2301 Durant Avenue
    Use Permit/Variance #10-10000017 to demolish a 49-space parking garage, 1,500 square foot church
    community facility, and Montessori school, and construct a five-story mixed-use building with a 59-space parking
    garage, 2,722 square foot church community facility and Group Living Accommodations (student dormitory) for
    164 persons; comments on the Draft Environmental Impact Report (EIR) will be taken at this hearing.
    Applicant: Lion’s Hall, LLC, 1600 Shattuck Ave., Suite 218, Berkeley
    Property Owner: The Rectors, Wardens, and Vestrymen of St. Mark’s Parish, 2300 Bancroft Way, Berkeley
    (Zoning: R-4 (Multi-Family Residential); Planner: Aaron Sage)
                                                   Continued From: NONE
                                                Recommendation: REVIEW DRAFT EIR, PROVIDE COMMENT
to 
                                                                                    staff and the applicant. 

Appeal of Administrative Use Permit:

4. 778 Contra Costa    
    Appeal of Administrative Use Permit #08-20000123 to construct an approximately 517-square foot ground
    floor addition and an approximately 262-square-foot second/main story addition and construct a new second and
    story deck located at the rear of the dwelling.
    Applicants/Owners: Elizabeth Gannaway & Kourosh Ghassemi, 778 Contra Costa Ave., Berkeley
    Appellants: Patricia and Merrill Shanks, 783 Contra Costa Ave., Berkeley
   (Zoning: R-1(H), Single-Family Residential, Hillside Overlay District; Planner: Leslie Mendez)
                                                   Continued From: NONE
                                                Recommendation: APPROVE
 Administrative Use Permit #08-20000123 
                                                                                    pursuant to Findings & Conditions

5.  635 Creston Street
     Appeal of Administrative Use Permit #10-20000072 to allow a third-story addition to an existing two-story
     (including garage) single-family dwelling, increasing total floor area from 1,525 to 2,787 square feet and average
      height from 15’-1” to 26’-1”
     Applicant: Frank Bergamaschi, 1045 Sansome St. #201, San Francisco, CA 94111
     Property Owner: Michael and Elizabeth Grimes, 635 Creston Rd., Berkeley, CA 94708
     Appellant #1: Leland Lena, 610 Woodmont Ave., Berkeley, CA 94708
     Appellant #2: Dev and Harinder Dhanoa, 600 Woodmont Ave., Berkeley, CA 94708
     (Zoning: R-1H, Single-Family Residential Hillside; Planner: Aaron Sage)
                                                  Continued From: NONE
                                               Recommendation: AFFIRM
the Zoning Officer’s decision to approve 
                                                                                   Administrative Use Permit #10-20000072, subject 
                                                                                   to Findings and Conditions, and dismiss the 
                                                                                   appeals.

New Public Hearings:

6. 1816-20 Scenic Street / 2323 Heart Avenue
     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: 4/14/11
                                               Recommendation: APPROVE
Use Permit Modification #11-70000002
                                                                                   pursuant to Findings and Conditions

7. 2323 Hearst Avenue / 1816-1820 Scenic Avenue
     Use Permit #11-10000018 to change the use of an existing single-family residence to a community care facility,
     thereby eliminating the dwelling unit, and to establish joint parking at the surface parking lot just north of 1816
     Scenic Avenue to be used by the employees of both 1816-20 Scenic Avenue and 2323 Hearst Avenue.
     Applicant/Owner:  Gary Rienzo, New Bridge Foundation, 1841 Berkeley Way, Berkeley
     (Zoning: R-3 (H), Multiple-Family Residential, Hillside Overlay; Planner: Nathan Dahl)
                                                Continued From: NONE
                                             Recommendation: APPROVE
Use Permit #11-10000018 pursuant to 
                                                                                 Findings and Conditions


8. 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: 4/14/11
                                           Recommendation: APPROVE
Use Permit Modification #11-70000003 pursuant
                                                                                to the Findings and Conditions

9. 1803-05 San Pablo Avenue
     Use Permit #11-10000003 to establish a quick service restaurant serving beer and wine with incidental live
     entertainment, to extend hours of operation to Midnight on Sunday through Thursday and to 2:00AM on Friday
     and Saturday, and to waive three parking spaces.
     Applicant/Property Owner: Jose Ruiz, 1805 San Pablo Avenue, Berkeley, CA 94702
     (Zoning: C-W, West Berkeley Commercial; Planner: Pamela Johnson)
                                             Continued From: NONE
                                          Recommendation: APPROVE
Use Permit #11-10000003 pursuant to the
                                                                              Findings and Conditions

10. 2992 College Avenue
      Use Permit #11-10000005 to change the use of an existing personal and household service use to a
      quick-service food use, thereby exceeding the numerical quota for quick-service restaurants in the Elmwood
      Commercial District and to waive the two off-street parking spaces required for the change of use.
      Applicant: Burton Architecture – 2723 8th St. Berkeley CA, 94710
      Property Owner: Janie and Gary Tulanian – 2998 College Avenue, Berkeley CA, 94705
      (Zoning: CE – Elmwood Commercial District; Planner: Nate Dahl)
                                            Continued From: NONE
                                          Recommendation: APPROVE Use Permit #11-10000005 pursuant to 
                                                                               the Findings and Conditions

11. 2861 Buena Vista Street
      Use Permit #10-10000058 to construct a new single-family dwelling unit on a vacant parcel within the hillside
      overlay district.
      Applicant/Owner: Robert and Nancy Mueller - 790 Alvarado Road, Berkeley CA, 94705
      (Zoning: R-1 (H) Single-Family Residential, Hillside Overlay; Planner: Nate Dahl)
                                            Continued From: NONE
                                         Recommendation: ADOPT
the proposed Mitigated Negative Declaration
                                                                             and; APPROVE Use Permit #10-10000058 pursuant to
                                                                             Findings & Conditions

12. 830 Folger
       Use Permit #10-10000077 to demolish an existing one-story, 3,500 square foot commercial building and
       establish thirteen parking spaces.
       Applicant: George M. Martin Co., 1250-67th Street, Emeryville, CA 94608
       Property Owner: Merrill D. Martin, 1250-67th Street, Emeryville, CA 94608
       (Zoning: MU-LI – Mixed Use Light Industrial; Planner: Pamela Johnson)
                                            Continued From: NONE
                                         Recommendation: APPROVE
Use Permit #10-10000077 pursuant to
                                                                              Findings & Conditions

13. 921 Parker Street
      Administrative Use Permit #11-20000045 to operate a child care center incidental to a permitted use
      (Bayer manufacturing facility at 800 Dwight Way) but open to children of persons not employed at Bayer, in
      the northern portion of the existing Bayer administrative offices at 921 Parker, with outdoor play areas, parking
      and access provided in the adjoining parking lot
      Applicant: Bayer Healthcare, LLC, c/o Matt Irwin, 921 Parker Street, Berkeley
      Property Owner: a) Building: Parker Partners, LLC, c/o Larry Goodman, 2410 Union Street, San Francisco; 
      b) Parking Lot: Bayer Healthcare, LLC, c/o Matt Irwin, 921 Parker Street, Berkeley
      (Zoning: Mixed Use-Light Industrial (MU-LI); Planner: Doug Donaldson / Aaron Sage)
                                          Continued From: NONE
                                       Recommendation: APPROVE Administrative Use Permit #11-20000045
                                                                            pursuant to Findings & Conditions

Abatement Hearing:
Pursuant to Berkeley Municipal Code (BMC) Section 23B.64.030, the Zoning Adjustments Board may initiate
proceedings to terminate, modify or condition (“abate”) any use, structure or building.  The Board shall conduct
a public hearing, following public notice of said hearing.  Upon conclusion of the public hearing, the Board shall,
within 35 days, make a written recommendation to the City Council identifying the use, structure or building being
considered, identifying the property involved, and setting forth the reason or reasons for the proposed abatement,
and the appropriate remedy, based on the evidence, testimony, and facts presented to the Board at the hearing

14. 2133 Parker Street
      Abatement Hearing – Pursuant to Section 23B.64.030 of the Zoning Ordinance.  The Zoning Adjustments
      Board initiated Abatement Proceedings to Review:  1) the recent construction to increase the number of
      bedrooms; and 2) the intended use of the building to determine if it would be used by Households or as a
      Group Living.
     Applicant: Ali Eslami, P.O. Box 4623, Berkeley, CA 94794
     (Zoning: R-2A, Restricted Multiple-Family Residential; Planner: Greg Powell)
                                           Continued From: NONE
                                        Recommendation: 
Because of the lack of evidence to show this property poses
                                                                            a Nuisance, Staff recommends that the Zoning Adjustments
                                                                            Board DISCONTINUE Nuisance Abatement Proceedings.


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.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.