Agenda 
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 Zoning Adjustments Board
Thursday, February 13, 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, you may 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: Greg Powell, Zoning Adjustments Board Secretary), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7414; zab@ci.berkeley.ca.us  

Preliminary Matters:

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 Board, ex parte communications are those which occur outside the formal hearing process. Board members should avoid ex-parte contacts on matters pending before the Board 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 prior to any hearing or public testimony on an item, in order to allow rebuttal.

Preliminary Matters:

Public Comment on Non-Agenda Matters:
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 proposed for the Consent Calendar at 7:05 pm. 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. The Board may place additional Agenda items on the Consent Calendar, if no one present wishes to testify on an item.

1. Approval of Previous Meeting Minutes
    Minutes from 01/23/2013 meeting 
                  Continued From:    None 
                  Recommendation: APPROVE

2. 2367 Telegraph Avenue  
Appeal of Administrative Use Permit #12029999139 that allowed incidental amplified live entertainment within an existing full service restaurant.
CEQA Action: Categorically Exempt, under Section 15301 ‘New Construction or Conversions of Small Structures’
Applicant: Alex Poppov for Pappy’s Grill, 2367 Telegraph Ave., Berkeley, CA 94704
Appellant #1: Kyle Beckman, 2500 Durant Ave., #208, Berkeley, CA 94704
Appellant #2: Ghaouar Caij Toschian, 2500 Telegraph Ave., #310, Berkeley, CA 94704
Property Owner: Prado Group, 150 Post St., Ste. 320, San Francisco, CA 94108
Zoning: C-T, “Telegraph Commercial”
Planner: Claudine Asbagh, casbagh@cityofberkeley.info, (510) 981-7424 
                Continued From:    1/09/2014 
                Recommendation:  The applicant withdrew this request and no action will be taken.


Action Calendar:

New Public Hearings: 
3. 1515 Dwight Way  
Use Permit #2013-0056 to establish a five-bedroom, single-family dwelling in an existing, single-story, 1,850-square foot building.
CEQA Action: Categorically Exempt, under Section 15301 ‘Existing Facilities’
Applicant/Property Owner: Gelso Investments V, LLC, c/o Alfred Antonini, P.O. Box 90, Hayward, CA 94543
Zoning: R-2, “Restricted Two-Family Residential District” and C-SA, “South Area Commercial District”
Planner: Leslie Mendez, lmendez@ci.berkeley.ca.us, (510) 981-7426
                Continued From:    None 
                Recommendation: APPROVE Use Permit #2013-0056 pursuant to BMC Section 23B.32.040


4. 2495-2497 Valley Street
Use Permit #2013-0052 to construct a new 1,986-square-foot, two-story, three-bedroom single-family house (2497 Valley Street) with an attached one-car garage accessed from a new curb cut on Dwight Way. The existing two-story, three-bedroom house (2495 Valley Street) will be remodeled and reduced in size from 1,942 to 1,878 square feet.
CEQA Action: Categorically Exempt under Section 15301 ‘Existing Facilities’ and 15303 ‘New Construction or Conversion of Small Structures’
Applicant: Heather Raney, 580 2nd St., Ste. 230, Oakland, CA 94607
Property Owner: REO Homes 3, LLC, 580 2nd St., Ste. 230, Oakland, CA 94607
Zoning: R-2, “Restricted Two-Family Residential District”
Planner: Leslie Mendez, lmendez@ci.berkeley.ca.us, (510) 981-7426 
                Continued From:    None 
                Recommendation: APPROVE Use Permit #2013-0052 pursuant to BMC Section 23B.32.040.

5. 2124 Eighth Street
Use Permit #2013-0029 to create a new dwelling unit on the ground floor of an existing two-story, single-family dwelling, increase the number of “bedrooms” on the parcel to seven, create a new window within the non-conforming north side yard, and enlarge an existing window, create a new window and lower the ground floor level within the non-conforming front yard.
CEQA Action: Categorically Exempt under Section 15303 ‘New Construction or Conversion of Small Structures’
Applicant/Property Owner: Tashi Namling, 2124 Eighth Street, Berkeley, CA 94710
Architect: Sarah Deeds, 1429 Channing Way, Berkeley, CA 94702
Zoning: R-1A, “Limited Two-Family Residential”
Planner: Aaron Sage, asage@cityofberkeley.info, (510) 981-7425
                Continued From:    None 
                Recommendation: APPROVE Use Permit #2013-0029 pursuant to BMC Section 23B.32.040.


Action Calendar:

New Public Hearings:

6. 2190 Bancroft Way
Use Permit #2013-0051 to expand alcohol service by adding distilled spirits to an existing 5,304 square-foot, 150-seat full-service restaurant that currently serves beer and wine.
CEQA Action: Categorically Exempt under Section 15301 ‘Existing Facilities’
Applicant/Property Owner: Ching Yu/Great China Restaurant, Contact: Tai Yu, 1801 Oakland Blvd, Ste. #320, Walnut Creek, CA 94596
Zoning: C-DMU, “Commercial, Downtown Mixed-Use District”
Planner: Greg Powell, gpowell@ci.berkeley.ca.us, (510) 981-7414 
               Continued From:    None 
               Recommendation: APPROVE Use Permit #2013-0051 pursuant to BMC Section 23B.32.040.


Action Items:
1. Election of Officers: The Board will elect a Chair and Vice Chair for the term starting February 2014 and ending February 2015.


Adjourn

Communications Disclaimer:

• 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.

clip_image001.jpgAccessibility 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.

Correspondence and Notice of Decision Requests
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 Board 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 at the meeting. To distribute correspondence at the meeting, please provide 15 copies and submit to the Zoning Adjustments Board Clerk. Please be advised: 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 Zoning Adjustments Board Secretary at: Land Use Planning Division (Attn: Greg Powell), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7414; zab@ci.berkeley.ca.us

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.