Zoning Adjustments Board
Thursday, December 20, 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; firstname.lastname@example.org
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
Igor Tregub, 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
Each Speaker is limited to a maximum of three minutes.
The Board Chairperson may reorder the agenda at the beginning of the meeting.
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 11/08/2012 meeting
2. Approval of Previous Meeting Minutes
Minutes from 11/29/2012 meeting
3. 1515 Dwight
Public Hearing to consider recommendation to City Council as to whether Greenleaf Wellness Group at 1515
Dwight Way is in violation of: 1) Berkeley Municipal Code (BMC) Chapter 12.26 The Patients Access to Medical
Cannabis Act of 2008; 2) BMC Section 23E.16.070 Medical Cannabis Uses; 3) BMC 23A.12.010 and 4) a
Public Nuisance Under BMC Chapter 23B.64.020.
Owners & Representatives:
Greenleaf Wellness Group Ruben Salvatierra Gelso Investments V LLC
c/o Ruben Salvatierra 346 Conmur Street c/o A. Antonini
1515 Dwight Way So. San Francisco, CA PO Box 90
Berkeley, CA 94703 94080 Hayward, CA 94543-0090
Zoning: C-SA and R-2 “South Area Commercial” and “Restricted Two-Family Residential”; Code
Enforcement: Gregory Daniel
Continued From: None
Recommendation: RECOMMEND that the City Council determine that the
property is a public nuisance and order the use enjoined
Modifications of Use Permits
Modifications of Use Permits are not subject to public hearing and no public testimony will be taken at this time.
4. 2811 College Avenue
Modification #12-70000015 of Use Permit #4007 to change the ground floor of an existing non-conforming
medical office building into a skin care salon.
Applicant: Thomas Dolan Architecture, 5253 College Avenue, Berkeley, CA 94618
Property Owner: Mina Pajounia, 2976 Adeline Street, Berkeley, CA 94703
Zoning: R-2A “Restricted Multiple-Family Residential”; Planner: Claudine Asbagh
Continued From: None
Recommendation: APPROVE Use Permit Modification #12-70000015 subject
to the Findings and Conditions.
Continued Public Hearings:
5. 2133 University Avenue – Acheson Commons
1979-1987 Shattuck Avenue, 2101-2113 University Avenue, 2125-2145 University Avenue & 1922 & 1930
Walnut Street, Use Permit #10-10000078, Structural Alteration Permit #10-40000020 & Design Review
Applicant: Equity Residential, 26970 Aliso Viejo Parkway #250, Aliso Viejo, CA
Zoning: C-DMU “Downtown Mixed Use, Outer Core”; Planner: Greg Powell
Continued From: 11/29/2012
Recommendation: A. ADOPT CEQA findings, statement of overriding
considerations and the mitigation monitoring & reporting
B. APPROVE Use Permit #10-10000078 subject to the
Findings and Conditions.
6. 2107 Dwight Way
Use Permit #12-10000008 to demolish three commercial buildings and construct a 6-story, 63-foot-tall
mixed-use building with 99 dwelling units, 5,607 square feet of commercial space, and 45 parking spaces.
Applicant: Paul Smith, 10 Crow Canyon Court, Suite 210, San Ramon, CA 94583
Property Owner: Richard Christiani, 665 Third Street, Suite 350, San Francisco, CA 94107
Zoning: C-DMU “Downtown Mixed Use”; Planner: Aaron Sage
Continued From: None
Recommendation: APPROVE Use Permit #12-10000008 subject to the
Findings and Conditions.
7. 917 Camelia Street
Use Permit #09-10000035 to renovate an existing residential structure and incorporate it into a project with two
new art/craft studios-live/work structures.
Applicant: Antonio Lao, Chiu Lao Architecture Design, 5771 Buena Vista Avenue, Oakland, CA 94618
Property Owner: Richard Spencer, 1340 Eighth Street, Berkeley, CA 94710
Zoning: MU-LI “Mixed-Use, Light Industrial District”; Planner: Greg Powell
Continued From: None
Recommendation: CONTINUE to February 14, 2013
8. 2000 San Pablo Avenue
Use Permit #12-10000041 to allow a retail convenience market with (1) 24-hour operations, (2) a conversion
(change of interior lease spaces) greater than 5,000 sq. ft. and (3) an indoor Automatic Teller Machine (ATM). No
alcoholic beverage sales are proposed.
Applicant: Katy Schardt, 3262 Penryn Road, Suite 200, Loomis, CA 95650
Property Owner: Jayantilal Kapadia, 2020 San Pablo Avenue, Berkeley, CA 94702
Zoning: C-W “West Berkeley Commercial”; Planner: Aaron Sage
Continued From: None
Recommendation: CONTINUE to January 24, 2013
Additional Agenda Items:
The following agenda items may be discussed, but no action may be taken unless a specific item is listed on
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. 740 Heinz Avenue, 1/22/2013
ii. 1214 Glen Avenue, 2/5/2013
iii. 1488Keoncrest Drive, 2/5/2013
iv. 245 Tunnel Road, 3/19/2013
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
• 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
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
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
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.