Agenda

Zoning Adjustments Board
Thursday, September 22, 2011 – 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr. Way, Second Floor.
Berkeley, CA  94704  (Wheelchair Accessible)

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Please click here for a PDF version of the Agenda


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
 Deborah Matthews, appointed by Mayor Bates
 Robert Allen appointed by Councilmember Wengraf
 Toya Groves, appointed by Councilmember Anderson
 Sophie Hahn, appointed by Councilmember Worthington
 Edward Kopelson, appointed by Councilmember Moore
 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. 

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 09/08/11 meeting
                                                  Recommendation: APPROVE

New Public Hearings

2.  1154 Arch Street
      Use Permit Modification #11-10000002 to construct a new single-family dwelling unit on a vacant parcel
      within the hillside overlay district.
      Applicant: John Newton, 837 Coventry Road, Kensington, CA 94707
      Property Owner: Ellen Pierce and Linda Aurichio, 1156 Arch Street, Berkeley, CA 94708
      (Zoning: R-1H, Single-Family Residential, Hillside Overlay; Planner: Nathan Dahl)
                                                   Continued From NONE
                                              Recommendation:  APPROVE Use Permit #11-10000002 pursuant to Findings
                                                                                   and Conditions

3.  2025 Channing Way
      Use Permit Modification #11-70000012 to modify the site plan, floor plans, and elevations of an approved
      project (Use Permit #02-10000031)that included 30 rental dwelling units of which, 7 were below-market rate
      Applicant: Tony Valadez, Lowney Architecture, 360 17th Street, Oakland, CA 94612
      Property Owner: Grace Chizar, 1117 Blake Street, Berkeley, CA 94702
      (Zoning: R-4, Multi-Family Residential District; Planner: Greg Powell)
                                                  Continued From: NONE
                                              Recommendation: APPROVE
Use Permit Modification #11-70000012 pursuant
                                                                                   to Findings and Conditions


4.  2307 Telegraph Avenue      
      Use Permit #11-10000026
to establish a Quick Serve Restaurant of up to approximately 2,500 sq. ft.,
      exceeding the C-T District’s limitations on the number and size of such uses.
      Applicant/Architect: Roger Wilson, 1250 Addison St., #104, Berkeley, 94702
      Property Owner: RSGF Granada Building, LLC, 551 Fifth Ave., New York, NY 10176
      (Zoning: C-T, Telegraph Avenue Commercial District; Planner: Aaron Sage)
                                                   Continued FromNONE
                                               RecommendationAPPROVE Use Permit #11-10000026 pursuant to Findings
                                                                                   and Conditions

Preview and Scoping Meeting

5. 2727 Milvia Street
     Use Permit #11-10000006 to convert an existing 53,334 sq. ft. landmarked ice rink into a retail store, to
     construct two mezzanines totaling approximately 18,528 sq. ft., and to remove the earthen berms located on
     either side (north and south) of the building’s exterior, to accommodate approximately 44 parking spaces.
     Applicant: SB Real Estate, LLC, Box 29570, San Francisco, CA 94129
     Property Owner: East Bay Iceland Inc., 7212 San Ramon Rd., Dublin, CA 94568 
     (Zoning: C-SA, South Area Commercial District; Planner: Leslie Mendez)
                                                  Continued From: NONE
                                              Recommendation: Review, accept public comment, and provide comment on
                                                                                   the Initial Study / Environmental Checklist and project.


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 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.
• 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.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.