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Zoning Adjustments Board
Thursday, January 26, 2012 – 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
                   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 12/08/2011 meeting
                                                 Recommendation: APPROVE

2.  Approval of Previous Meeting Minutes 
     Minutes from 11/10/2011 meeting
                                                 Recommendation: APPROVE


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.  3200 College Avenue 
     Use Permit Modification #11-70000019 to modify Use Permit #6368 to extend hours of operation from
     7:00 AM – 10:00 PM to 5:30 AM – 10:00 PM
     Applicant: Carol Mazzetti, 1400 Park Ave., Emeryville, CA 94608
     Property Owner: KB Properties, PO Box 6456, San Rafael, CA 94903
     Zoning: C-N, Neighborhood Commercial; Planner: Leslie Mendez
                                                 Continued From:    NONE
                                                 Recommendation: APPROVE Use Permit Modification #11-70000019 pursuant
                                                                                     to Findings and Conditions

4. 2151 Vine Street 
    MODUP #11-70000018 to modify Use Permit #08-10000122 by adding a south-facing clerestory to the 
    proposed Social Hall, and adding trellis elements and a new fence at the west (Walnut Street) façade.
    Applicant:  JSWD Architects, 3106 Shattuck Avenue, Berkeley, CA
    Property Owner:  Berkeley Monthly Meeting of Religious Society of Friends, 2151 Vine Street, Berkeley, CA
    94709
    Zoning: R-2A, Restricted Multiple-Family Residential; Planner: Leslie Mendez
                                                   Continued From:    NONE
                                                   Recommendation: APPROVE Use Permit #09-10000079 pursuant to
                                                                                        Findings and Conditions


Appeals of Administrative Use Permits
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.

5. 32 Domingo Avenue 
    Administrative Use Permit # 11-20000081 to legalize an existing third floor deck at the rear of a six unit 
    condominium building.
    Applicant: Andus Brandt, 1818 Harmon Street, Berkeley, CA 94703
    Property Owner: BJ Miller, 318 Arizona Ave., Point Richmond, CA 94801
    Appellant: 32 Domingo HOA Members: Todd Mitchell (Unit 2), Penelope Betts and Nicholas Matthew (Unit 3), 
    Kate Van Orden (Unit 4)
    Zoning: R-3, Multiple-Family Residential; Planner: Nathan Dahl
                                               Continued From:    NONE
                                               Recommendation: DENY the appeal and uphold the Zoning Officer’s decision
                                                                                    to approve Administrative Use Permit # 11-20000081
                                                                                    pursuant to Findings and Conditions

6. 1309 Campus Drive 
    Appeal of Administrative Use Permit #10-20000132 to legalize an unenclosed hot tub.
    Applicant: Lorick Design & Construction, Inc., 5052 Woodminister Lane, Oakland, 94602
    Property Owner: David Riley and Jill Sazama, 1309 Campus Drive, Berkeley, 94708
    Appellants: Richard Hill for Jean Thornburg, 1313 Campus Drive, Berkeley, 94708; Thomas H. Luten and
    Susan Burnett Luten,1305 Campus Drive, Berkeley, 94708; Ed and Marlies Defty, 1300 Campus Drive,
    Berkeley, 94708
    Zoning: R-1(H), Single-Family Residential, Hillside Overlay; Planner: Claudine Asbagh
                                             Continued From:    NONE
                                             Recommendation: DENY the appeal and uphold the Zoning Officer’s decision
                                                                                 to approve Administrative Use Permit #10-20000132, pursuant
                                                                                 to Findings and Conditions.

Continued Public Hearings:

7. 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, CA 94710
    Property Owner: Incubator Space, LLC, c/o Hal Brandel, 1933 Francisco Street, Berkeley, CA 94709
    Appellant: Linda Cohen, et. al., 899 Gilman Street, Berkeley, CA 94710
    Zoning: MU-LI, Mixed-Use Light Industrial District; Planner: Pamela Johnson
                                          Continued From:   12/08/2011
                                          Recommendation: Conduct a Public Hearing and Deny the Appeal and 
                                                                              uphold the Zoning Officer’s decision to approve Administrative
                                                                              Use Permit #11-20000064 pursuant to Findings and Conditions
                                                                              and Modified Plans


8. 2222 Third Street (aka 91 Bolivar, 600 Addison, 631 Bancroft)
    Use Permit #09-10000079 to allow the demolition of four buildings
    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:    12/08/2011
                                           Recommendation: APPROVE Use Permit #09-10000079 pursuant to Findings
                                                                               and Conditions


New Hearings:

9. 1040 University Avenue 
     Use Permit #11-10000033 to construct a single-story rear addition to an existing non-conforming residential 
     hotel, convert 27 residential hotel rooms to dwelling units by adding full kitchens, and reconfigure existing
     parking lot to meet traffic engineering standards (no additional parking proposed)
     Applicant: Jessica Sheldon, Resources for Community Development, 2200 Oxford Street, Berkeley, 94704
     Property Owner: UA Housing, Inc., 2200 Oxford Street, Berkeley, 94704
     Zoning: C-W, West Berkeley Commercial, and R-3, Multiple-Family Residential; Planner: Aaron Sage
                                        Continued From:    NONE
                                        Recommendation: APPROVE Use Permit #11-10000033 pursuant to Findings
                                                                            and Conditions

 

10. 1400 Queens Road 
       Use Permit #11-10000012 to demolish and rebuild a single-family residence
       Applicant: Jason Kaldis Architect, Inc., 1250 Addison St., Studio 210, Berkeley, 94708.  Briana Olson,
       Job Captain
       Property Owner: John T. Groves, 1400 Queens Road, Berkeley, CA 94708
       Zoning: R1(H), Single-Family Residential, Hillside Overlay; Planner: Greg Powell
                                          Continued From:    NONE
                                          Recommendation: APPROVE
Use Permit #11-10000012 pursuant to Findings
                                                                              and Conditions


11. 1920 Seventh Street 
       Use Permit #11-10000043 to construct a two-story, 452 sq. ft. addition to the south side of the building and
       convert the use of the property from a boarding house to a community center with hours of operation from
       8 a.m. to 5:30 p.m. with some evening classes and training sessions.
       Applicant/Property Owner:  Rigoberto Calocarivas, Multicultural Institute, 1920 Seventh St., Berkeley,
       CA 94710
       Zoning: R-3, Multiple Family Residential; Planner: Nathan Dahl
                                           Continued From:     NONE
                                           Recommendation:  APPROVE Use Permit #11-10000043 pursuant to Findings
                                                                                and Conditions


12. 2548-2554 Virginia Avenue 
      Use Permit #10-10000065 to legalize existing dwelling unit in portion of rear garage (thereby increasing the
      number of units on the property from 4 to 5), reduce required rear setback from 15 feet to less than 2 feet,
      and allow parking within 10 feet of a window of a building with 3 or more units.
      Applicant:  John Gutierrez, 2550 Ninth Street #202, Berkeley, 94710
      Property Owner:  Hossein Adabi, 50 Panoramic Way, Berkeley, 94704
      Zoning: R-3(H), Multiple-Family Residential, Hillside Overlay; Planner: Aaron Sage
                                        Continued From:    NONE
                                        Recommendation: APPROVE Use Permit #11-10000065 pursuant to Findings
                                                                            and Conditions, including either Option A or B

13. 2301 Durant 
      Remand of Use Permit/Variance #10-10000017 to demolish a 49-space parking garage, 1,500 square
      foot church community facility, and 8,330 square foot school building, 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
      Applicant: Lion’s Hall, LLC, 1600 Shattuck Ave., Suite 218, Berkeley, CA
      Property Owner: The Rectors, Wardens, and Vestrymen of St. Mark’s Parish, 2300 Bancroft Way,
      Berkeley, CA
      Zoning: R-SMU, Residential Southside Mixed Use; Planner: Aaron Sage
                                   Continued From:     NONE
                                    Recommendation: A. CONSIDER the attached EIR Addendum, and, if deemed
                                                                        adequate,
                                                                        B. APPROVE Use Permit #10-10000017 pursuant to Section
                                                                        23B.32.040 and subject to the attached Findings and Conditions,
                                                                        including the required demolition findings under Section 23C.08.050
                                                                        (see Attachment 1).


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
• Recent Council Actions
• Future Council Hearings

B. Discussion Item
• Bay Window Encroachments

C. Business Meeting

D. Chairperson’s Report

E. Current Business/Committee Appointment

F. Future Agenda Items

G. 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.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.