Agenda

Adobe
please click here for pdf version of agenda

Zoning Adjustments Board
Thursday, April 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
                   Sophie Hahn, appointed by Councilmember Worthington
                   Edward Kopelson, appointed by Councilmember Moore
                   Elisa Mikiten, appointed by Councilmember Maio
                   Sara Shumer, appointed by Councilmember Arreguin 
                   vacant, appointed by Councilmember Anderson 
  
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 04/12/2012 meeting
                                                 Recommendation: APPROVE


New Hearings:

2. 1050 Gilman Avenue
     Use Permit #11-10000040 to establish a new Verizon wireless telecommunication facility consisting of nine
     panel antennas mounted on a rooftop screen wall and install six associated equipment cabinets in a rooftop
     lease space.
     Applicant: James Singleton, NSA Wireless for Verizon, 2000 Crow Canyon Place, Suite 400, San Ramon,
     CA 94583
     Property Owner: Randy Kessler, 1000 Marina Village Pkwy #130, Alameda, CA 94501
     Zoning: C-W, West Berkeley Commercial
     Planner: Pamela Johnson
                                                  Continued From:     NONE
                                                  Recommendation:  CONTINUED off calendar

3. 1407-11 San Pablo Avenue    
    Use Permit #11-10000054 to add incidental service of beer, wine and distilled spirits at a full service restaurant.
    Applicant: Stella Nonna Inc., 2316 Haste St., Berkeley, CA 94704
    Property Owner: East West Bay Holdings, 2983 Dwight Way, Berkeley, CA. 94704
    Zoning: C-2, Central Commercial
    Planner: Claudine Asbagh
                                                  Continued From:    NONE
                                                  Recommendation: APPROVE Use Permit #11-10000011 pursuant to Section
                                                                                      23B.32.040 and subject to Findings and Conditions.


4. 2727 Milvia Street
    Use Permit #11-10000006 and associated Structural Alteration Permit #11-40000012  to convert an existing 
    53,334 sq. ft. landmarked ice rink (Berkeley Iceland) 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: Sports Basement 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
    Planner: Leslie Mendez
                                                  Continued From:    NONE
                                                  Recommendation: REVIEW, ACCEPT PUBLIC COMMENT, and CERTIFY the
                                                                                       Final EIR for the Berkeley Iceland Adaptive Reuse Project

                                                                                       Action on the Use Permit is not required at this time. The
                                                                                       Structural Alteration Permit is scheduled to be heard by the
                                                                                       LPC on May 4, 2012 and the Use Permit will be scheduled to
                                                                                       be heard by the ZAB subsequent to LPC action.


Revocation Hearings:

5. 1610 University Avenue
    Public Hearing to Consider Recommendation to City Council as to whether Acupressure Health Center at
    1610 University Avenue has substantially changed in character beyond that set forth in Administrative Use
     Permit #10-20000081 under BMC Section 23B.60.020
     Property Owner & Representatives:
     Nick A & Christine Z Pappas, 12650 Silver Wolf Rd, Reno, NV 89511
     Suping Gong, Acupressure Health Center, 1610 University Avenue, Berkeley, CA 94703
     Suping Gong, 22067 Hathaway Avenue, Hayward, CA 94541
     Zoning: C-1, General Commercial
     Contact: Gregory Daniel, Code Enforcement Supervisor
                                                  Recommendation: MAKE RECOMMENDATION TO CITY COUNCIL as to 
                                                                                      whether the subject property has substantially changed in
                                                                                      character from that set forth in AUP 10-20000081, and
                                                                                      whether to revoke or modify the permit.


6. 1443 University Avenue
     Public Hearing to Consider Recommendation to City Council as to whether Berkeley Alouette at 1443
     University Avenue has substantially changed in character beyond that set forth in Use Permit #7845 under
     BMC Section 23B.60.020
     Property Owner & Representatives:
     Macmillan Family Properties, LLC, c/o Keely Property Mgmt, 16 Pacific Ave, Piedmont, CA 94611
     Thanh Mai Do, 200 Lewis Rd #155, San Jose, CA 95111
     Van Tuyet Hua, 965 Geary Street #27, San Francisco, CA 94109
     Thanh Mai Do/Van Tuyet Hua, Berkeley Alouette, 1443 University Ave, Berkeley, CA 94702
     Zoning: C-1, General Commercial
     Contact: Gregory Daniel, Code Enforcement Supervisor
                                                   Recommendation: MAKE RECOMMENDATION TO CITY COUNCIL as to 
                                                                                       whether the subject property has substantially changed in
                                                                                       character from that set forth in UP 7845, and whether to
                                                                                       revoke or modify the permit.


7. 2435 Shattuck Avenue
     Public Hearing to Consider Recommendation to City Council as to Whether Crystal Massage at 2435
     Shattuck Avenue Has Substantially Changed in Character Beyond that Set Forth in Use Permit #7839
     under BMC Section 23B.60.020
     Property Owner:
     Fat & Kum L Chan, Property Owner, PO Box 225217, San Francisco, CA 94122
     Representatives:
     Chien M Nguyen, Crystal Massage, 2153 Lincoln Ave, Alameda, CA 94501
     Phuong Nguyen, Crystal Massage, 2435 Shattuck Ave, Berkeley, CA 94704
     Chien M Nguyen/Phuong Nguyen, Crystal Massage, 2435 Shattuck Ave, Berkeley, CA 94704
     Zoning: C-2, Central Commercial;
     Contact: Gregory Daniel, Code Enforcement Supervisor
                                                   Recommendation: MAKE RECOMMENDATION TO CITY COUNCIL as to
                                                                                       whether the subject property has substantially changed in
                                                                                       character from that set forth in UP 7839, and whether to
                                                                                       revoke or modify the permit.


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

C. Business Meeting

D. Chairperson’s Report

E. Current Business / Committee Appointment

  • Reappointment to Design Review Commission — Jim Goring

F. Future Agenda Items

G. Other Matters

  • Future Council Hearings on ZAB Decisions
    i. May 1, 2012 – 2301 Durant Avenue appeal
    ii. May 15, 2012 – 1722 Ninth Street abatement
    iii. May 29, 2012 – 740 Heinz Street appeal

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.
• 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.