Department of Planning & Development
Department of Planning & Development

Agenda

Zoning Adjustments Board
Thursday, July 24, 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: Carol Johnson, 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
                    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
                    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.

Meeting Schedule Changes:
August 14, 2014 ZAB Meeting Re-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. 2501-2509 Haste St. & 2433 Telegraph Ave. – El Jardin - Continued
Use Permit #12-10000012 to demolish a 6,950 square foot retail building at 2433
Telegraph Avenue and to construct an 89,054 square foot, 69’/6-story, mixed-use building to include 79 dwelling units, 30,356 square feet of commercial floor area and no off-street parking spaces.
CEQA Action: Pending
Applicant: Kirk Peterson, Kirk E. Peterson & Associates Architects, 5253 College Avenue, Oakland CA 94608
Zoning: C-T, Commercial-Telegraph
Planner: Greg Powell, gpowell@ci.berkeley.ca.us, (510) 981-7414
                  Continued From: 6/26/14, 5/22/14, & 4/24/14
                  Recommendation: HOLD
hearing and CONTINUE matter to August 28, 2014

2. 2201 - 2205 Blake Street – Findings for Denial
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
                 Recommendation: ADOPT findings supporting the denial of Use Permit #13-10000023 pursuant to Section 23B.32.040

3. 2204 Dwight Way – Findings for Denial
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
               Recommendation: ADOPT findings supporting the denial of Use Permit #13-10000024 pursuant to Section 23B.32.040

4. 1117 Blake Street
 Use Permit #UP2014-0011 to enlarge an existing 1,340 sq. ft. two-unit building by constructing a 507 sq. ft. two-story addition for a new ground floor bedroom and a new second story office, horizontally and vertically extending an existing non-conforming 3’ side yard where 4’ is required, increasing the average height from 14’ to 21’8”, where the subject lot is legally non-conforming for residential density.
CEQA Action: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Applicant / Property Owner: Lilli Tom, 1119 Blake Street, Berkeley, CA 94702
Zoning: R-1 Single Family Residential
Planner: Pamela Johnson, pjohnson@ci.berkeley.ca.us, (510) 981-7548 
               Continued From:    None
               Recommendation: APPROVE
Use Permit #2014-0011 pursuant to Section 23B.32.040 and subject to the attached Findings
                                                   and Conditions.

5.  801 Jones Street  
Use Permit #UP2014-0010 to demolish an existing single family residential building and detached garage and construct four detached, three-story, approximately 1,700 square-foot single family residential units at 801 Jones Street.
CEQA Action: Categorically exempt pursuant to Section 15332 of the CEQA Guidelines (“In-fill Development Projects”).
Applicant / Property Owner: Matthew Wadlund, 801 Jones Street, LLC 805 Jones Street, Berkeley, CA 94710
Zoning: Mixed Use-Residential (MU-R)
Planner: Abe Leider, at aleider@rinconconsultants.com or (510) 834-4455
              Continued From:    None
              Recommendation: APPROVE
Use Permit #2014-0010 pursuant to BMC sections 23C.08.010 and 23E.84.030, and subject to the
                                                  attached Findings and Conditions.

Action Calendar:

6. 2996 Telegraph Avenue  
Use Permit 2013-0031 to remodel and expand an existing 2,618-square-foot auto service building for use as a 2,475-square-foot convenience store with wine and beer sales for off- site consumption (Type 20 ABC license) with general retail hours of operation from 7:00 a.m. to 12:00 a.m., but with alcohol sales terminating at 10 p.m.; and a 1,950-square-foot quick food service restaurant with an outdoor seating area (± 500 sq. ft.) with hours of operation from 7:00 a.m. to 8:00 p.m.
CEQA Determination: Negative Declaration prepared pursuant to CEQA Guidelines. Applicant: Ron Jacobs, PM Design Group, 24565 Bennett Valley Road, C-102, Santa Rosa, CA 95404
Property Owner: Arash Salkhi, 9 Alpine Road, Novato, CA 94945
Zoning: C-1 – General Commercial
Planner: Leslie Mendez, lmendez@ci.berkeley.ca.us, (510) 981-7426 
              Continued From:    June 26, 2014
              Recommendation: ADOPT
the proposed negative declaration; and APPROVE Use Permit 2013-0031 pursuant to Section
                                                  23B.32.040 and subject to the attached Findings and Conditions
              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.

7. 2598-2600 Shattuck Ave. & 2037 Parker St. (“Parker Place”)
Use Permit Modification #2014-0003 to modify approved plans for a mixed-use development with 155 dwelling units and 22,905 sq. ft. of commercial space located in two 5-story buildings and one 3-story building; proposed changes include adding 8,927 sq. ft. of commercial floor area and 116 parking spaces, allowing offices, gyms/health clubs, and dance/martial arts studios, increasing height of 2600 Shattuck building by 4.3 inches, and changing interior massing of 2600 Shattuck building; no changes to total units proposed.
CEQA Action: A Mitigated Negative Declaration (MND) was adopted for the approved project. Because the proposed modifications do not create any new significant environmental effects, an addendum to the MND has been prepared
Applicant: Lennar Multifamily Communities, LLC, 100 Pine Street, Suite 2262, San Francisco, CA 94111
Zoning: C-SA, South Area Commercial
Planner: Aaron Sage, at (510) 981-7410 or asage@cityofberkeley.info
            Continued From:    None 
            Recommendation: APPROVE
Use Permit Modification #2014-0003, pursuant to Section 23B.32.040 and subject to the attached
                                                 Findings and Conditions.

8. 2401 Warring Street (Continued)
Use Permit #2013-0057
to convert an existing 11-bedroom, single family house into a
triplex, including a 582-square foot basement addition, 95-square foot attic addition and modified roofline, new foundation, and significant interior modifications including new and renovated bathrooms and kitchens, and parking for three cars.
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Applicant: Victor Rasilla 2 Madsen Court Moraga, CA
Property Owner: NCR Properties LLC. 2201 Blake Street Berkeley, CA 94704
Zoning: R3 – Multiple Family Residential, Hillside Overlay
Planner: Jordan Harrison, JHarrison@cityofberkeley.info (510) 981-7416
          Continued From:   June 26, 2014
          Recommendation: APPROVE
Use Permit 2013-0057 pursuant to Section 23B.32.040 and subject to the attached Findings and
                                              Conditions

9. 3136 Sacramento Street (Appeal)
Appeal the denial of Administrative Use Permit #AUP2013-0126 for an extension of the hours of operation for an existing quick service restaurant to 11PM Monday to Friday, and 12 Midnight Saturday and Sunday.
CEQA Action: Categorically exempt pursuant to Section 15270(a) of the CEQA Guidelines, CEQA does not apply for a project that is disapproved.
Applicant / Appellant: Moxy Beer Garden c/o Phyllis Voisenat, Esq., 2516 Blanding Ave., Alameda, CA 94501
Property Owner: Jose and Graciela Perez, 2929 W. Sugarhill Terr., Dublin, CA 94568
Zoning: C-SA, South Area Commercial
Planner: Pamela Johnson, pjohnson@ci.berkeley.ca.us, (510) 981-7458
         Continued From:    None 
         Recommendation: UPHOLD
the Zoning Officer’s decision to DENY Administrative Use Permit #2013-0126 as presented in
                                             Attachment 1 and DISMISS the Appeal.

10. 1625 Belvedere Avenue (Appeal)
Appeal Administrative Use Permit 2014-0026
to enlarge an existing 952 sq. ft. single family residence by adding approximately 55 sq. ft. to the first floor for a new interior stairway, and 495 sq. ft. to the second story for a new bedroom, bathroom, closet, and stairway, resulting in a 1,502 sq. ft. residence, increasing the average height from 15’11” to 25’8”, vertically and horizontally extending a non-conforming 18’ rear yard setback where 20’ is required, and vertically extending a non-conforming 2’ side yard setback where 3’6” is required.
CEQA Action: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Applicant: Brad Lord, 2836 Fulton Street, Berkeley, CA 94705
Property Owner: Lael Rubin, 1625 Belvedere Avenue, Berkeley, CA 94702
Appellant: Banks-Altekruse Family, et. al., 1626 Chestnut Street, Berkeley, CA 94702
Zoning: R-2, Restricted Two-Family Residential
Planner: Pamela Johnson, pjohnson@ci.berkeley.ca.us, (510) 981-7458
       Continued From:    None
       Recommendation: UPHOLD
the Zoning Officer’s decision to approve Administrative Use Permit #AUP2014-0026 as presented
                                            in Attachment 1 and DISMISS the Appeal.


11. Approval of Previous Action Minutes

      Minutes from July 10, 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: Carol Johnson), 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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