Agenda
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Zoning Adjustments Board
Thursday, May 10, 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, 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 04/26/2012 meeting
                           Recommendation: APPROVE

 

2. Approval of Resolutions Recommending Revocation
1610 University Avenue, Use Permit #10-20000081; 1443 University Avenue Use Permit #7845; and 2435
Shattuck Avenue,  Use Permit #7839.
On April 26, 2012, the ZAB voted to recommend to the City Council that permits #10-20000081, #7845, and #7839
each be revoked for failure to comply with one or more use permit conditions and because each business has
substantially expanded or changed in character beyond that set forth in the permits. Staff will provide the ZAB with 3
Resolutions reflecting the ZAB’s determination for each property for adoption by the ZAB and transmittal to the City
Clerk as required under BMC Section 23B.60.050.B.
                          Recommendation: Adopt Resolutions 


Continued Public Hearings:

3. 1820 Solano Avenue / 900 Colusa Avenue
Use Permit # 11-10000053 to divide an existing office space into three offices for medical practitioner use, to allow
a parking reduction for medical practitioners, and to increase the allowable range of uses for three ground floor
spaces.
Applicant & Property Owner: Hundred Acre Wood Properties, 1564-A Fitzgerald Dr., No. 407, Pinole, CA 94564
Zoning: C-SO “Solano Avenue Commercial”; Planner: Greg Powell
                          Continued From:    04/12/2012
                          Recommendation: APPROVE Use Permit # 11-10000053 subject to the Findings and Conditions. 
                                                              This approval will include a parking reduction of 5 spaces, which will permit
                                                              Medical Practitioner uses in Suites 205A, 205B and Suite 206, only. 

 

New Hearings:

4. 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”; Planner: Leslie Mendez
                          Continued From:   NONE
                          Recommendation
: A. ADOPT CEQA associated findings, statement of overriding considerations
                                                              and the mitigation monitoring plan
                                                              B. APPROVE Use Permit #11-10000006 subject to the Findings and
                                                              Conditions.


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

5. 2075 Eunice Street
Modification of Use Permit #2076 to expand an existing religious and educational facility by constructing a 1,979
sq. ft. addition at the rear and west side of the building.
Applicant & Property Owner: Ridhwan Foundation, 2075 Eunice Street, Berkeley, CA 94709
Zoning: R-1(H) “Single-Family Residential, Hillside Overlay”; Planner: Nathan Dahl
                           Continued From:    NONE
                           Recommendation: APPROVE Use Permit Modification #12-70000003 subject to the Findings
                                                               and Conditions.


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
F. Future Agenda Items
G. Other Matters

  • Future Council Hearings on ZAB Decisions
    i. 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.