Department of Planning & Development
Department of Planning & Development

Agenda

Zoning Adjustments Board
Thursday, July 10, 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 
                   Prakash Pinto (Vice Chairperson), appointed by Councilmember Maio 
                   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
                  Igor Tregub, appointed by Councilmember Arreguin 
                  Denise Pinkston, appointed by Mayor Bates

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.

Meeting Schedule Changes:
August 14, 2014 ZAB Meeting Cancelled; and August 28, 2014 ZAB Meeting Scheduled


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. 1931-35 Addison Street
Use Permit Modification 2014-0011 to modify Use Permit #12-100000042 by eliminating the condition of approval regarding construction hours that is only applicable to sites with adjacent residential uses.
CEQA Action: The project was exempt under streamlined review for infill projects pursuant to CEQA Guidelines Section 15183.3. The change in construction hours will not affect the CEQA exemption.
Applicant: Avi Nevo, 1935 Addison LLC, 2073 Addison Street, Berkeley, CA 94704
Zoning: C-DMU, Downtown Mixed Use District Buffer
Planner: Leslie Mendez, lmendez@ci.berkeley.ca.us, (510) 981-7426
                Continued From:    None
                Recommendation: APPROVE MOD UP 2014-0011
pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions.

2. 2748 San Pablo Avenue  
Use Permit Modification 2014-0005 to modify approved plans for a 4-story mixed-use building with 23 condominium dwelling units; proposed modifications include changing to an affordable rental project, reducing parking from 27 spaces to 13, and minor alterations to building massing (with no increase in height or reduction in rear setback).
CEQA Action: Categorically exempt pursuant to Section 15332 of the CEQA Guidelines (“In-Fill Development Projects”).
Applicant: Chuck Wong, HKIT Architects 538 9th St., Suite 240, Oakland, CA 94607
Property Owner: Jonathan Astmann, Satellite AHA Development, Inc., 1521 University Avenue, Berkeley, CA 94703
Zoning: C-W, West Berkeley Commercial
Planner: Aaron Sage, AICP, Senior Planner, asage@ci.berkeley.ca.us (510) 981-7425
                Continued From:    None 
                Recommendation: APPROVE
Use Permit Modification 2014-0005, pursuant to Section 23B.32.040 and subject to the attached
                                                    Findings and Conditions

Action Calendar:

3. 1698 University Avenue  
Use Permit Modification 2013-0001 to modify approved plans for 5-story mixed-use building, including increasing dwelling units from 25 to 36 (with no increase in total residential area), adding a live/work unit on the ground floor, reducing parking spaces from 33 to 29, and reducing commercial floor area from 2,757 to 2,093 sq. ft.
CEQA Action: A mitigated negative declaration (MND) was adopted for the approved project on July 19, 2005. Pursuant to CEQA Guidelines Section 15164, because the proposed modifications do not cause any new or more significant effects than discussed in the adopted MND, an addendum to the MND has been prepared (see Attachment 3).
Applicant: Serina Calhoun, Syncopated Architecture 657 Fillmore Street San Francisco, CA 94117
Property Owner: Realtex Apartments, LLC 100 The Embarcadero, Suite 250 San Francisco, CA 94105
Zoning: C-1, General Commercial (University Avenue Strategic Plan Overlay)
Planner: Aaron Sage, AICP, Senior Planner, asage@ci.berkeley.ca.us (510) 981-7425
                Continued From:    None
                Recommendation: CONSIDER
the MND and APPROVE Use Permit Modification 2013-0001 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions.

4. 2201 - 2205 Blake Street  
Use Permit #13-10000023 to construct a new, two-story, approximately 3,000 square-foot duplex and a 432 square-foot single story dwelling within a relocated accessory structure at the rear of an existing 13,500 square-foot site, the City of Berkeley Landmark site known as the “Bartlett Houses.”
CEQA Action: Categorically exempt pursuant to Section 15332 (“In-fill Development Projects”) and Section 15331(“Historical Resource Restoration/Rehabilitation”) of the CEQA Guidelines.
Applicant / Owner: Nathan George 2201 Blake Street Berkeley, CA 94704
Zoning: R-2A, Restricted Multiple-Family Residential District
Planner: Claudine Asbagh, casbagh@ci.berkeley.ca.us, (510) 981-7424
                Continued From:    None
                Recommendation: APPROVE
Use Permit #13-10000023 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions

5. 2204 Dwight Way
Use Permit #13-10000024 to construct a new, three-story, approximately 3,224 square-foot duplex at the rear of an existing 5,400 square-foot site.
CEQA Action: Categorically exempt pursuant to Section 15332 (“In-fill Development Projects”).
Applicant / Owner: Nathan George 2201 Blake Street Berkeley, CA 94704
Zoning: R-3, Multiple-Family Residential District
Planner: Claudine Asbagh, casbagh@ci.berkeley.ca.us, (510) 981-7424
                 Continued From:    None
                 Recommendation: APPROVE
Use Permit #13-10000024 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions

6. 2539 Telegraph Avenue (DEIR and Preview)
DEIR Scoping Session and Project Preview for Use Permit #2013-0061
to allow demolition of existing one-story commercial building and construction of 6-story mixed use building with 65 dwelling units, 5,652 square feet of ground-floor commercial space, and an 8-car parking garage.
CEQA Action: An Environmental Impact Report (EIR) is being prepared.
Applicant: Daniel Backman, Lowney Architecture, 360 17th Street, Suite 100 Oakland, CA 94612
Property Owner: Panoramic Interests, 2116 Allston Way, Suite 1, Berkeley, CA 94704
Zoning: C-T Telegraph Avenue Commercial, R-3 Multi-Family Residential
Planner: Aaron Sage, AICP, Senior Planner, asage@ci.berkeley.ca.us (510) 981-7425 
                 Continued From:    None 
                 Recommendation: PROVIDE COMMENT
on the scope of the EIR, as well as general comments on the project that the applicant should
                                                     consider prior to returning to the ZAB for final action.


7. Approval of Previous Action Minutes

    Minutes from June 26, 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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