Department of Planning & Development
Department of Planning & Development

Agenda

Zoning Adjustments Board
Thursday, March 13, 2014 – 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr. Way, Second Floor
Berkeley (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 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, the substance of the communication they must be disclosed to all interested parties in advance of the any public hearing or testimony to allow rebuttal. Written ex parte communications must be forwarded to the Secretary so that they can be disclosed to the entire Board and the public.

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 will be 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.

Action Calendar:
1. 2415 Ninth Street
Use Permit #2013-0039 to 1) alter an existing single-family dwelling by constructing a second-story addition and to allow the installation of garage doors within the existing non-conforming 15’8” front yard setback, where 20’ is required; and 2) construct a new 1,370 sq. ft., two-story, detached single-family dwelling, with an 18’ rear yard setback, where 20’ is required, at the rear of a 4,524 sq. ft. parcel.
CEQA Action: Categorically exempt under Section 15301 ‘Existing Facilities’, 15302(a) ‘New Construction’ and 15332 ‘Infill Development Projects’.
Applicant: John Newton, 5666 Telegraph, Suite A, Oakland, CA 94609
Property Owner: Enrique Leon and Laura Mendez, 2415 Ninth Street, Berkeley, CA 94710
Zoning: R-1A, Limited Two-Family Residential District
Planner: Pamela Johnson
        Continued From:    None 
        Recommendation: APPROVE Use Permit #2014-0004 pursuant to BMC 23B.32.040.

2. 2610 Hillegass Avenue
 Use Permit #2014-0001 to add eight bedrooms on the subject parcel by converting eight one-bedroom apartments to eight two-bedroom apartments in an existing 23-unit apartment building.
CEQA Action: Categorically exempt under Section 15061(b)(4)
Applicant: Sam Sorokin, Premium Properties, 6522 Telegraph Avenue, Oakland, CA 94609
Property Owner: David and Laura Mohr, 6522 Telegraph Avenue, Oakland, CA 94609
Zoning: R-2, Restricted Two-Family Residential
Planner: Pamela Johnson 
        Continued From:   None 
        Recommendation:DENY
Use Permit #2014-0004 pursuant to BMC Section 23B.32.040.

3. Approval of Previous Meeting Minutes
    Minutes from 02/27/2013 meeting.
         Continued From:    None 
         Recommendation: APPROVE

Additional Agenda Items:
The following agenda items may be discussed, but no action will be taken.

4. ex parte Discussion, with attachments:
A. City Attorney Opinion, January 1994 - ex parte Communications
B. Resolution 62,571, July 2004 - ex parte Communications
C. BMC Section 2.06.110, Disclosure of ex parte contacts
D. ex parte Contact Disclosure Form & Instructions  
E. Ex Parte Communication Disclosures Binder


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.

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.

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.

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Department of Planning & Development, 2120 Milvia St., Berkeley, CA 94704
Questions or comments? Email: planning@cityofberkeley.info Phone: (510) 981-7400
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
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