Agenda

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Zoning Adjustments Board
Thursday, December 8, 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 4:00 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 11/10/11 meeting
                                                Recommendation: APPROVE


Appeal of Administrative Use Permit
Appeals of Administrative Use Permit applications are not subject to public hearing and no public testimony will be
taken at this time.  The Board may set the matter for public hearing, or affirm the Zoning Officer’s decision.

2. 1241 Sixth Street
 Administrative Use Permit #11-20000064 to establish a U-Haul truck rental with an 880 sq. ft. pre-fabricated
 administration office trailer on a 19,200 sq. ft. lot.
 Applicant: Marcy Wong Don Logan Architects, 800 Bancroft Way #200, Berkeley, 94710
 Property Owner: Incubator Space, LLC, c/o Hal Brandel, 1933 Francisco Street, Berkeley, 94709
 Appellant: Linda Cohen, et. al., 899 Gilman Street, Berkeley, 94710
 Zoning: MU-LI, Mixed-Use Light Industrial District; Planner: Pamela Johnson
                                                 Continued From: NONE
                                              Recommendation: SET FOR HEARING on January 26, 2012 to modify Administrative
                                                                                   Use Permit #11-20000064


Modifications of Use Permits
Modifications of Use Permits are not subject to public hearing and no public testimony will be taken at this time.

3. 2124 Ashby Avenue
Use Permit Modification #11-70000004 to modify Use Permit #2004 to enclose a first-floor deck in a Residential
Care Facility
Applicant: Jay Swartz, Sunsational Sunrooms
Property Owner: Rich De Leon, 1825 Maplegrove Lane, Tracy, CA 95376
Zoning: R-2A, Restricted Multi-Family Residential; Planner: Claudine Asbagh
                                                  Continued From: NONE
                                              Recommendation: APPROVE
Use Permit Modification #11-70000004 pursuant to
                                                                                   Findings and Conditions


Modifications of Variances
Modifications of Variances are not subject to public hearing and no public testimony will be taken at this time.

4. 2600 Tenth Street
 Variance Modification #11-70000015 to add two shade structures to an existing outdoor play area for a child care
 center
 Applicant: Roland Lazzarotto, 360 17th Street, Suite 210, Oakland, CA 94612
 Property Owner: 2600 Tenth St. LLC, 1120 Nye St., Suite 400, San Rafael, CA 94901
 Zoning: MU-LI, Mixed-Use Light Industrial District; Planner: Aaron Sage
                                                  Continued From: NONE
                                               Recommendation: APPROVE
Variance Modification #11-70000015 pursuant to
                                                                                    Findings and Conditions

New Public Hearings

5. 2598/2600 Shattuck Avenue & 2037 Parker Street – Parker Place
 Remand of Use Permit #08-10000130 to demolish an existing garage (2037 Parker St.) and construct a mixed-use
 development with two 5-story mixed-use buildings (2598 & 2600 Shattuck Ave.) and one 3-story residential building
 (2037 Parker St.), for a total of 155 dwelling units, 22,905 square feet of ground floor commercial space, and 170 to
 188 parking spaces.
 Applicant: Mark Rhoades, CityCentric Investments, 5715 Claremont Ave, Oakland, 94618
 Property Owner: Parker Place Group, LLC, P.O. Box 9026, Berkeley, 94709
 Zoning: R-2A, Restricted Multiple-Family Residential District, and C-SA, South Area Commercial District;
 Planner: Aaron Sage
                                               Continued From: NONE
                                            Recommendation: 1. ADOPT the Mitigated Negative Declaration (MND) and
                                                                                     Initial Study
;
                                                                                2. DENY the requested permits for alcoholic beverage service
                                                                                    and live entertainment,
subject to the attached Findings (see
                                                                                    Attachment 1, Finding 11); and
                                                                                3. APPROVE all other components of Use Permit #08-10000130, 
                                                                                     including the Administrative Use Permit to demolish the existing
                                                                                     accessory structure at 2598 Shattuck Avenue/2037 Parker Street,
                                                                                     pursuant to Section 23B.32.040 and subject to the attached
                                                                                     Findings and Conditions (see Attachment 1).

6. 2727 Milvia Street – Berkeley Iceland
 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
 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: Preview Held 9/22/11
                                            Recommendation: REVIEW, ACCEPT PUBLIC COMMENTS, AND PROVIDE
                                                                                COMMENTS
on the Draft Environmental Impact Report.


7. 2222 Third Street (aka 91 Bolivar, 600 Addison, 631 Bancroft)
 Use Permit and Variance #09-10000079
to allow the demolition of four buildings in order to begin soil remediation
 Applicant/Property Owner: Jason Jones, for Aquatic Park Science Center LLC,
 PO Box 183, Corte Madera, CA  94976
 Zoning: MU-LI, Mixed-Use, Light Industrial; Planner: Greg Powell
                                           Continued From: NONE
                                        Recommendation: CONTINUE
to January 26, 2012


Preview

8. 999 Harrison Street
 Preview:  Request for zoning interpretation to provide artist housing as part of an artistic center including rehearsal
 halls, living units, workshops, and offices.
 Applicant:  Patricia Motzkin Architecture, 2927 Newbury Street, Berkeley, CA 94703
 Property Owner: Berkeley Reportory Theater
 Zoning: MU-LI, Mixed-Use, Light Industrial; Planner: Steven Buckley
                                            Continued From: NONE
                                         Recommendation: PROVIDE COMMENTS
on appropriateness of proposed uses


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. Discussion Item
 Mini-Dorm Ordinance Amendments

C. Business Meeting
 2012 ZAB Meeting Calendar 

D. Chairperson’s Report

E. Current Business / Committee Appointment

F. Future Agenda Items

G. Future Council Hearings on ZAB Decisions
 December 13, 2011 – 2133 Parker Street Abatement
 January 17, 2012 - Parker Place, 2598/2600 Shattuck & 2037 Parker Street - Use Permits


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.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.