Agenda

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Zoning Adjustments Board
Thursday, June 14, 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 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: Terry Blount, AICP, 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 05/24/2012 meeting
                                                  Recommendation: APPROVE


Continued Items (Public Hearing has been closed):

2.  2329 Grant Street
     Use Permit #10-10000041 to raise an existing single-family residence by 2 feet thereby vertically extending a
     non-conforming front yard setback (15 feet where 20 feet is required); to construct a 149-square-foot first story
     addition, a 135-square-foot second story addition, and a new 1,054-square-foot third story; and to establish a
     child care center on the first floor for up to 15 children at one time, with hours of operation from 7:30 a.m. – 3:00
     p.m. Monday through Friday.
     Applicant / Property Owners: Catarina Negrin & Noah Friedman, 2329 Grant Street, Berkeley, CA 94703
     Zoning: R-2 “Restricted Two-Family Residential; Planner: Leslie Mendez
                                                  Continued From:    March 8, 2012
                                                  Recommendation: APPROVE Use Permit #10-10000041 subject to the Findings
                                                                                       and Conditions.

New Hearings:

3.  2830 Ninth Street   
     Use Permit #12-10000011 to establish a child care center, preschool and elementary school in a building 
     previously used for architectural offices.
     Applicant: Vivi Teng, c/o Global Montessori International School, 2314 Bancroft Way, Berkeley, CA 94704
     Property Owner: Berkeley Bowl Produce, Inc., 920 Heinz Avenue, Berkeley, CA 94710
     Zoning: C-1 “General Commercial”; Planner: Aaron Sage
                                                   Continued From:    None
                                                   Recommendation: APPROVE Use Permit #12-10000011 subject to the Findings
                                                                                       and Conditions.


4.  1484-98 University Avenue
      Use Permit #12-10000018 to establish a child care center and preschool in a building previously used as a 
      video rental store.
      Applicant: Emilia O’Toole, c/o Woolly Mammoth Childcare & Pre-School, 18451 Carlton Avenue, Castro Valley,
      CA 94546
      Property Owner: Rue-Ell Enterprises, Inc., 2437 Durant Avenue, Suite 204, Berkeley, CA 94704
      Zoning: C-1 “General Commercial”; Planner: Aaron Sage
                                                    Continued From:    None
                                                    Recommendation: APPROVE Use Permit #12-10000018 subject to the Findings
                                                                                        and Conditions.


5.  1629 Blake Street
      Use Permit #12-10000013 to raise an existing single-family home approximately 3’ in average and maximum 
      height, thereby vertically extending the existing non-conforming front and left side yard setbacks, in order to
      establish a new dwelling unit at the ground level, thereby making the property a legal duplex.
      Applicant: Catherine Roha, 1705 Parker Street, Berkeley CA, 94703
      Property Owner: Hope Adams Family LP, CMR 467 Box 1371, APO AE 09096
      Zoning: R-2 “Limited Two-Family Residential”; Planner: Nathan Dahl
                                                    Continued From:    None
                                                    Recommendation: APPROVE Use Permit 12-10000013 subject to the Findings
                                                                                        and Conditions.


6.  2134 Oxford Street 
     Use Permit #12-10000022 to establish full alcohol service (distilled liquor) for on-site consumption at an
     existing restaurant currently serving beer and wine and to extend hours to Midnight, Sunday through Thursday
     and until 2 a.m., Friday and Saturday.
     Applicant: Deepak Aggrawal, 2134 Oxford Street, Berkeley
     Property Owner: Oxford Development Group LP, 1442 A Walnut Street #116, Berkeley, CA 94709
     Zoning: C-2 “Central Area Commercial”; Planner: Nathan Dahl
                                                   Continued From:     None
                                                   Recommendation: APPROVE Use Permit # 12-10000022 subject to the Findings
                                                                                       and Conditions.


7.  2133 University Avenue
     Use Permit #10-10000078 to construct 202 new dwelling units, 3 new live/work units, and to rehabilitate
     approximately 33,250 square feet of commercial space.  New five-story residential structures would be built
     above the MacFarlane, Krishna Copy Center, and Ace Hardware buildings, and existing ground floor
     commercial space would continue as commercial use.  The historic building facades along University Avenue
     would be retained and rehabilitated.  The Acheson Physicians Building would be converted from office use to
     residential use.  The two vacant residential buildings on Walnut Street would be demolished or relocated, and a
     new mixed-use structure would be built.  The ground floor of the Walnut Street Building would include a 50-stall
     parking garage.  No other buildings on the site would include parking.
     Applicant & Property Owner: Equity Residential, 26970 Aliso Viejo Parkway #250, Aliso Viejo, CA 92656
     Zoning: C-DMU Outer Core “Downtown Mixed Use”; Planner: Greg Powell
                                                 Continued From:    Preview held 5/12/2011
                                                 Recommendation: REVIEW, ACCEPT PUBLIC COMMENTS, AND PROVIDE
                                                                                     COMMENTS
on the Draft Environmental Impact Report.


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

8.  1441-43 Fairview Street
      Use Permit #12-70000004 to modify Use Permit #05-10000028 to change the design and number of units
      from a three unit, 3,659 square foot condominium, to a two unit, 3,788 square foot condominium.
      Applicant & Property Owner: Prescott Holdings LLC, 3871 Piedmont Avenue #301 Oakland   CA, 94611
      Zoning: C-SA “South Area Commercial”; Planner: Nathan Dahl
                                                 Continued From:    NONE
                                                 Recommendation: APPROVE Use Permit Modification #12-70000004 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

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: Terry Blount, 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.