Agenda  

Zoning Adjustments Board
Thursday, January 9, 2014 – 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: ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7410; zab@ci.berkeley.ca.us  

Roll Call: Michael Alvarez Cohen (Chairperson), appointed by Councilmember Wozniak
                Deborah Matthews (Vice Chairperson), appointed by Mayor Bates 
                George Williams, appointed by Councilmember Capitelli 
                Robert Allen, appointed by Councilmember Wengraf 
                Shoshana O’Keefe, appointed by Councilmember Anderson 
                Sophie Hahn, appointed by Councilmember Worthington 
                Steven Donaldson, appointed by Councilmember Moore 
                Prakash Pinto, 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 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 12/12/2013 meeting
Continued From: None
Recommendation: APPROVE

New Public Hearings:

2. 3290 Adeline Street
Use Permit #2013-0035 to add incidental service of distilled spirits to an existing Full Service Restaurant (already serving beer and wine), and to extend closing time from 12 midnight to 2 a.m., seven days per week.
CEQA Action: Categorically Exempt under Section §15303 ‘New Construction or Conversion of Small Structures’ and 15332 ‘Infill Development Projects’
Applicant: Next Door Investments, Inc., 4025 Oak Hill Rd., Oakland, CA 94605
Property Owner: Allan Cadgene and Thomas Goetzl, 160 Highland Dr., Bellingham, WA 98225
Zoning: C-SA, “South Area Commercial District”
Planner: Aaron Sage 
Continued From: None 
Recommendation: APPROVE Use Permit #2013-0035 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions (see Attachment 1).


3. 3017 Sacramento Street
Use Permit #2013-0027 to waive required off-street parking space for existing single-family dwelling, in order to allow construction of new two-story commercial building with second-floor roof deck to the north of dwelling.
CEQA Action: Categorically Exempt under Section §15303 ‘New Construction or Conversion of Small Structures’ and 15332 ‘Infill Development Projects’
Applicant: Bridgett Shank, Timbre Architecture, 419D Merritt Ave., Oakland, CA 94610
Property Owner: Bettina Limaco and Marco Pietschmann, 1505 Tyler St., Berkeley, CA 94703
Zoning: C-SA, “South Area Commercial District”
Planner: Aaron Sage
Continued From: None
Recommendation: APPROVE Use Permit #2013-0027 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions (see Attachment 1).

4. 23 Tanglewood Road
Use Permit #2013-0042 to construct a two-story, 2,214 square-foot single family dwelling with an attached one-car garage and one parking space and a nine-foot high, 14-foot long wall within the designated rear-yard setback.
CEQA Action: Categorically Exempt under Section §15303 ‘New Construction or Conversion of Small Structures’
Applicant: Regan Bice Architects, 950 Grayson St., Berkeley, CA 94710
Property Owner: David Sundelson, 25 Tanglewood Rd., Berkeley, CA 94705
Zoning: R-1A , “Limited Two-Family Residential District”
Planner: Greg Powell
Continued From: None
Recommendation: APPROVE Use Permit #2013-0042 pursuant to Section 23B.32.040 and 23B.28.050 subject to the attached Findings and Conditions (see Attachment 1).

Appeal of Administrative Use Permits:

5. 2367 Telegraph Avenue
Appeal of Administrative Use Permit #12-20000139 to establish incidental amplified entertainment within an existing full-service restaurant.
CEQA Action: Categorically Exempt under Section §15303 ‘New Construction or Conversion of Small Structures’
Applicant: Alex Poppov for Pappy’s Grill, 2367 Telegraph Ave., Berkeley, CA 94704
Property Owner: Prado Group, 150 Post Street, Ste. 320, San Francisco, CA 94108
Appellants: Kyle Beckman, 2500 Durant Ave. #208, Berkeley, CA 94704 & Ghaouar Camij Toschian, 2500 Telegraph Ave. #310, Berkeley, CA 94704
Zoning: C-T, “Telegraph Commercial District”
Planner: Claudine Asbagh
Continued From: None
Recommendation: CONTINUE to February 13, 2014.

Termination and Revocation Hearings:

6. 3243 Sacramento Street
Public Hearing to consider terminating the lawful, non-conforming off-sale retail alcohol beverage sales use at One-Stop Liquors due to inactivity, under BMC Section 23C.04.030.C.
Zoning: C-SA, “South Area Commercial District”; Planner: Nathan Dahl
Continued From: None
Recommendation: CONDUCT a public hearing and, upon conclusion, ADOPT a resolution terminating the non-conforming retail alcohol use at 3243 Sacramento Street due to inactivity of more than 90 days per Berkeley Municipal Code (BMC) Section 23C.04.030.C.

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 Item
D. Chairperson’s Report
E. Current Business/Committee Appointment
F. Future Agenda Items
G. Other Matters
 Future Council Hearings on ZAB Decisions
I. 3001 Telegraph Avenue, 01/21/2014

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: Debbie Sanderson, ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704 OR at zab@ci.berkeley.ca.us

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.