Agenda

Zoning Adjustments Board
Thursday, October 11, 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
                      Steven Donaldson, 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 9/27/2012 meeting
                                            Recommendation: APPROVE

2. 2840-B Sacramento Street
    Resolution
recommending that the City Council, after hearing, find that 2840-B Sacramento Street operating as
    Perfect Plants Patient Group (3PG) is: 1) In violation of Berkeley Municipal Code (BMC) Chapter 12.26; 2) In 
    violation of BMC Chapter 23E.16; 3) In violation of BMC Section 23A.12.010; and 4) a public nuisance under BMC
    Chapter 23B.64 and order the use enjoined and terminated. 
                                            Recommendation: APPROVE


New Hearings:

3. 1332 Harmon Street 
    Appeal of Administrative Use Permit #12-20000009 to enlarge a 754 sq. ft. single family residence by
    constructing 593 sq. ft. to the lower level, and a 482 sq. ft. new second story, for a total addition of 1,075 sq. ft.,
    resulting in a new 1,829 sq. ft. residence and to waive the required off-street parking space for a new 475 sq. ft.
    Accessory Dwelling Unit
    Applicant: Trevor Tupscott, 15501 San Pablo Avenue, Richmond, CA, 94806
    Property Owner: Community First Fund V, 15501 San Pablo Avenue, Richmond, CA, 94806
    Appellant: Reginald Pates, Robert Mokrick, Tania Wells, et. al., 1400 Harmon Street, Berkeley, CA 94702
    Zoning: R-2A “Restricted Multiple Family Residential”; Planner: Pamela Johnson 
                                            Continued From:    None 
                                            Recommendation: UPHOLD the Zoning Officer’s decision to approve Administrative
                                                                                 Use Permit #12-20000009

4. 2129 Durant Avenue
    Use Permit #12-10000026
to expand alcohol service to include distilled liquor for on-site consumption at an
    existing restaurant and lounge currently serving beer and wine, and to extend hours from 4 p.m. to 12 a.m. Sunday –
    Thursday and 4 p.m. to 2 a.m. Friday & Saturday, to 11 a.m. to 2 a.m. daily
    Applicant: Elon Khelif & Gabriel Duran, dba Beta Lounge, 2129 Durant Avenue, Berkeley, CA. 94704
    Property Owner: BVP Fulton LLC 111 South Wacker Drive STE. 3300, Chicago, Illinois 60606
    Zoning: C-DMU Buffer “Downtown Mixed Use”; Planner: Nathan Dahl
                                          Continued From:    None
                                          Recommendation: APPROVE
Use Permit #12-10000026 subject to the Findings 
                                                                              and Conditions.

5. 2010 Ninth Street      
   Use Permit #12-10000027
to construct three two-story single-family homes, totaling 5,363 sq. ft. of floor area on
   a vacant, 6,500 sq. ft. lot, instead of a three-story, nine-unit building with 7,254 sq. ft. of floor area as previously 
   approved under Use Permit #9416 
   Applicant & Property Owner: Prescott Holdings LLC, 2781 Piedmont Avenue #301 Oakland CA. 94611 
   Zoning: R-3 “Multiple Family Residential District”; Planner: Nathan Dahl
                                        Continued From:    None
                                        Recommendation: APPROVE
Use Permit #12-10000027 subject to the Findings and
                                                                            Conditions.


6. 1519-21 Harmon Street     
     Use Permit #12-10000001
to construct a two-story, 1,722-square-foot single-family dwelling behind an
     existing two-story duplex; four total parking spaces proposed
     Applicant: Matthew Baran, Architect, 3840 San Pablo Avenue, Oakland, California, 94608
     Property Owner: REO Homes 2, LLC, 210 3rd St. #102, Oakland, CA 94608
     Zoning: R-2A “Restricted Multiple-Family Residential”; Planner: Aaron Sage
                                       Continued From:    None
                                       Recommendation: APPROVE
Use Permit #12-10000001 subject to the Findings
                                                                           and Conditions.


Appeal of Administrative Use Permit:
With appeals of Administrative Use Permit applications the Board may set the matter for public hearing or affirm
the Zoning Officer’s decision
.

7. 1488 Keoncrest Drive     
     Appeal of Administrative Use Permit #12-20000050 to enlarge an existing one-story, 1,200 sq. ft. single
     family residence by constructing an approximately 110 sq. ft. addition to the ground floor, an approximately 290 
     sq. ft. second story addition, and approximately 290 sq. ft. for a new third story, resulting in a new 1,652 sq. ft.
     residence, increasing the average height of the existing residence from 14’6” to 25’11”, and to vertically extend a
     non-conforming front yard setback of 10’10” where 20’ is required
     Applicant: Kennerly Architecture & Planning, 375 Alabama, Suite 440, San Francisco, CA 94110
     Property Owner: Andrew Shanken & Vika Teicher, 1488 Keoncrest Drive, Berkeley, CA 94702 
     Appellant: Bertrand Racine & Lina Urbain, et. al., 1545 Keoncrest Drive, Berkeley, CA 94702 
     Zoning: R-1 “Single Family Residential”; Planner: Pamela Johnson
                                     Continued From:    None 
                                     Recommendation: UPHOLD
the Zoning Officer’s decision to approve Administrative
                                                                          Use Permit #12-20000050


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. October 16, 2012 – 2329 Grant Street

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. This method is strongly preferred.
• Correspondence received by 4:00 pm the 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. Please be advised: Board members do not have an opportunity to read materials
distributed at the meeting. You are strongly advised to submit written comments prior to the meeting date as Board
members do not have an opportunity to read written materials handed out at 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, AICP, 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.