Agenda

Zoning Adjustments Board
Thursday, June 9, 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
  Michael Friedrich, appointed by Councilmember Maio
  Toya Groves, appointed by Councilmember Anderson
  Sophie Hahn, appointed by Councilmember Worthington
  Edward Kopelson, appointed by Councilmember Moore
  Deborah Matthews, appointed by Mayor Bates
  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 05/12/11 meeting
                                            Recommendation APPROVE

Appeal of Administrative Use Permit:

2. 1512 La Loma Street
     Appeal of Administrative Use Permit #10-20000083
to legalize reconstruction of a pre-existing garage as
     a home office and art studio, with an average height of 11 feet, 7-7/16 inches.
     Applicant/Owner:  Mark and Freya Read
                                       1512 La Loma Avenue, Berkeley, CA 94708
    
     Appellant #1:         Jerrie and Allen Meadows
                                       2574 Buena Vista Way, Berkeley, CA 94708

     Appellant #2:         David A. Feinberg and Maureen Kobbe
                                       2564 Buena Vista Way, Berkeley, CA 94708

     Appellant #3:         Timothy and Jo Drescher
                                        2583 Buena Vista Way, Berkeley, CA 94708

     Appellant #4:          Alfred David and Barbara Johnson
                                        2577 Buena Vista Way, Berkeley, CA 94708

    (Zoning: R-1(H), Single-Family Residential Hillside District; Planner: Aaron Sage)
                                                    Continued From: NONE
                                                 Recommendation: AFFIRM the Zoning Officer’s decision
to approve the
                                                                                     original Administrative Use Permit #10-20000083, subject 
                                                                                     to Findings and Conditions, and dismiss the appeals.


Modification of Administrative Use Permit:

3. 1436 Carleton Street
     Modification #11-70000005
of Administrative Use Permit #10-20000046 to relocate the required parking from
     within the accessory building to in front of the accessory building.
     Applicant/Owner: Ryan Lau, 1436 Carleton Street, Berkeley, CA  94702
     (Zoning: R-1, Single-Family Residential District; Planner: Nathan Dahl)
                                                   Continued From: NONE
                                                Recommendation: APPROVE
Administrative Use Permit Modification
                                                                                    #11-70000005 pursuant to Findings and Conditions

New Public Hearings:

4. 2800 Adeline Street
    Use Permit #11-10000007
to change the use from office to a Pilates and Yoga studio with incidental retail of
    related items.
    Applicant:                   Kristin E. Goldsmith, 985 42nd Street, Oakland 
    Property Owner:       John Gordon and Janis Mitchell, 2091 Rose Street, Berkeley
    (Zoning: C-SA, Solano Avenue Commercial District; Planner: Claudine Asbaugh)
                                                   Continued From: NONE
                                                Recommendation: APPROVE
Use Permit #11-10000007 pursuant to Findings
                                                                                   & Conditions


5. 2334 McGee Avenue    
    Use Permit #11-10000004
to convert the first floor of an existing single-family dwelling into an approximately
    864 square foot dwelling unit and create a new window and door opening within a non-conforming front yard
    setback.
    Applicant/Owner:
   Arthur Holden, 2334 McGee Avenue, Berkeley, CA 94703
    (Zoning: R-2, Restricted Two-Family Residential District; Planner: Pamela Johnson)
                                                     Continued From: NONE
                                                  Recommendation APPROVE
Use Permit #11-10000004 pursuant to Findings
                                                                                     and Conditions

6. 2436 Sacramento Street
    Use Permit #06-10000030
to establish a 400 square foot café in the front of an existing tutoring center
    (“Classroom Matters”); project includes a waiver of one required off-street parking space.
    Applicant:               Lisa and Howard Miller, c/o Classroom Matters
                                       2436 Sacramento Street, Berkeley, CA 94702
  
    Property Owner:
      We Own a Building, LLC
                                      539 Nielson Street, Berkeley, CA 94707
    (Zoning: C-SA, South Area Commercial District; Planner: Aaron Sage)
                                                      Continued From: NONE
                                                   Recommendation: APPROVE
Use Permit #06-10000030 pursuant to Findings
                                                                                       and Conditions


7. 2609 Grant Street
    Use Permit #10-10000074
to enlarge a two-unit building that is non-conforming to residential density and add a
    roof deck over 14 feet in height.
    Applicant:               Tony Elenteny
                                       851 Trestle Glen Road, Oakland, CA 94610
    
    Property Owner:   Karen Godfredson, Tim Crocket
                                      2609 Grant Street, Berkeley, CA 94703

    (Zoning: R-2, Restricted Two-Family Residential District; Planner: Greg Powell/Doug Donaldson)
                                                      Continued From: NONE
                                                   Recommendation: APPROVE
Use Permit #11-1000074 pursuant to Findings
                                                                                       and Conditions


8. 22 Roble Road
    AUP #10-20000121
to construct a residential addition above 14’ in average height and above 20’ in maximum
    height on the north side of the building and to construct a lap pool within the yard on the west side of the house.   
   
     Applicant:
                Andrew Fischer, AIA            David John Bigham, ASLA
                                        915 Pardee Street               1544 La Loma Avenue
                                        Berkeley, CA 94710             Berkeley, CA 94708

    Owners:                   Stewart and Rachelle Owen
                                       195 Cat Rock Road
                                       Cos Cob, CT 06807
   
    (Zoning: R-1 (H) Single-Family Residential Hillside Overlay; Planner: Nathan Dahl)
                                                       Continued From:  NONE
                                                     Recommendation: APPROVE
AUP #10-20000121 pursuant to Findings and 
                                                                                          Conditions


Abatement Hearing:

9. 2133 Parker Street
    Abatement Hearing
– Pursuant to 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
    Accommodation.

    Owner:  Ali Eslami, P.O. Box 4623, Berkeley, CA 94794

    (Zoning: R-2A, Restricted Multiple-Family Residential District; Planner: Greg Powell)
                                                        Continued From 5/12/11
                                                      Recommendation CONTINUE WITHOUT DISCUSSION to July 7, 2011

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 Clerk of the Zoning Adjustments Board
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.