Department of Planning & Development
Department of Planning & Development

Agenda

Zoning Adjustments Board
Thursday, June 12, 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: Sally Zarnowitz, Zoning Adjustments Board Secretary), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7429; zab@ci.berkeley.ca.us

Preliminary Matters:

Roll Call:  Michael Alvarez Cohen (Chairperson), appointed by Councilmember Wozniak 
                   Denise Pinkston, 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 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, without discussion, on Agenda items for which there are no persons present who wish to speak, and no Board members who wish to discuss. The Consent Calendar may include four types of 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) or withdrawn by the applicant; and (4) Items noticed for public hearing which the Board decides to move to the Consent Calendar. The Board Chairperson will announce any additional items proposed for the Consent Calendar at approximately 7:05 pm. Anyone present who wishes to speak on these items should raise his or her hand and advise the Chairperson, and the item(s) will be pulled from the Consent Calendar.


1. 2941 Telegraph Ave
Use Permit #UP2013-0030 to construct a 900 sq. ft. ground floor rear addition and change the use of an existing two-story commercial building with an existing ground floor pharmacy at the front, offices to the rear and on the second floor, to group living accommodations for 10 persons and retaining the pharmacy on the ground floor and 1,590 sq. ft. of offices on the second floor.
CEQA Determination: Categorically exempt pursuant to Section 15301 (“Existing Facilities”) and Section 15332 (“Infill Development Projects”) of the CEQA Guidelines.
Applicant: Bing Udinsky, 2941 Telegraph Ave., Berkeley, CA 94705
Property Owner: Jerald and Bing Udinsky, 2941 Telegraph Ave., Berkeley, CA 94705
Zoning: C-1 – General Commercial District
Planner: Pamela Johnson, pjohnson@ci.berkeley.ca.us, (510) 981-7548
               Continue From:       None
               Recommendation: APPROVE Use Permit #2013-0030 pursuant to Section 23B.32.040 and subject to the attached
                                                   Findings and Conditions.


2. 2828 McGee Avenue
Use Permit #2013-0060 to allow the renovation of a mixed use building that would lift the building by two feet and include the conversion of an existing non-conforming retail grocery store into fine art painting and printmaking studios.
CEQA Determination: Categorically exempt pursuant to Section 15303 of the CEQA Guidelines (“New Construction or Conversions of Small Structures”).
Applicant / Property Owner: Thea Sizemore and Patrick Kavanagh, 2828 McGee Avenue, Berkeley, CA
Zoning: R – 2; Restricted Two-Family Residential
Planner: Claudine Asbagh, casbagh@ci.berkeley.ca.us, (510) 981-7424
               Continue From:       None
               Recommendation: APPROVE Use Permit #2013 - 0060 pursuant to Section 23B.32.040 and subject to the attached
                                                    Findings and Conditions.

3. 1150 Sixth Avenue
Use Permit #2014-0017 to establish a 970 square-foot quick-service restaurant with incidental alcoholic beverage service for on-site consumption and a 45 square-foot incidental retail space to allow the retail sales of goods manufactured on-site within an existing 10,212 square-foot manufacturing space.
CEQA Determination: Categorically exempt pursuant to Section 15301 (a) of the CEQA Guidelines (“Existing Facilities”).
Applicant: Far West Brewing, LLC, 117 Phoenix Court, Danville, CA
Property Owner: KJD Investments, LLC, P.O. Box 1574, Burlingame, CA
Zoning: MU-LI, Mixed-Use Light Industrial
Planner: Claudine Asbagh, casbagh@ci.berkeley.ca.us, (510) 981-7424
                Continue From:       None 
                Recommendation: APPROVE Use Permit #2014-0017 pursuant to Section 23B.32.040 and subject to the attached 
                                                     Findings and Conditions.


Draft EIR Scoping Session

4. 2211 Harold Way  
Draft EIR Scoping Session for proposed 18-story mixed-use development in Downtown Berkeley, with 302 dwelling units, a six-theater cinema, about 10,500 square feet of ground-floor commercial space, and a 171-space underground parking garage. Project includes demolition of 1959 “Hink’s Building” at Harold and Allston Ways, and removal of portions of the Shattuck Hotel building, primarily the 1926 addition fronting on Harold Way and Kittredge Street, and the portion of the 1913 addition extending west of the hotel along Kittredge Street.
CEQA Determination: A Draft Environmental Impact Report (DEIR) is being prepared.
Applicant: Rhoades Planning Group 505 17th St., 2nd Floor Oakland, CA 94612
Property Owner: HSR Berkeley Investments, LLC11100 Santa Monica Blvd., Suite 880 Los Angeles, CA 90025
Zoning: C-DMU (Downtown Mixed Use; Core Sub-Area)
Planner: Aaron Sage, asage@ci.berkeley.ca.us, (510) 981-7410



Action Calendar:

5. 1619 Harmon Street  
Use Permit #2013-0053 to construct a 1,941-square-foot, two-story, single-family dwelling (1621 Harmon Street) at the rear, raise the existing two-story single-family dwelling at the front (1619 Harmon Street) by 2 feet, and increase number of bedrooms on parcel from 2 to 8.
CEQA Determination: Categorically exempt pursuant to Sections 15301 and 15303 of the CEQA Guidelines (“Existing Facilities” and “New Construction or Conversion of Small Structures”, respectively).
Applicant: Heather Raney, 580 2nd Street, Suite 230, Oakland, CA 24607
Property Owner: REO Homes 3, LLC., 580 2nd Street, Suite 230, Oakland, CA 24607
Zoning: R-2A — Restricted Multi-Family Residential District
Planner: Hannah Young, hannah.young@urs.com, (415) 243-3854
               Continue From:      None 
               Recommendation: APPROVE Use Permit 2013-0053 pursuant to Section 23B.32.040 and subject to the attached 
                                                   Findings and Conditions.

6. Approval of Previous Action Minutes

        Minutes from 05/22/2014 meeting.
                       Continued From:    None
                       Recommendation: APPROVE


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: Sally Zarnowitz), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7429; 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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