Department of Planning & Development
Department of Planning & Development

Agenda

Zoning Adjustments Board
Thursday, November 29, 2012 – 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, 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: Terry Blount, AICP, ZAB Secretary), 2120 Milvia Street,
Berkeley, CA 94704; (510) 981-7410; zab@ci.berkeley.ca.us

Roll Call: George Williams (Chairperson), appointed by Councilmember Capitelli 
                  Michael Alvarez Cohen (Vice-Chairperson), appointed by Councilmember Wozniak
                  Deborah Matthews, appointed by Mayor Bates 
                  Robert Allen appointed by Councilmember Wengraf
                  Toya Groves, appointed by Councilmember Anderson
                  Sophie Hahn, appointed by Councilmember Worthington 
                  Steven Donaldson, appointed by Councilmember Moore
                  Elisa Mikiten, 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, they must
be placed in the record and disclosed to all interested parties sufficiently in advance of the decision to allow
rebuttal.

Public Comment
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 for the Consent Calendar at 7:05 pm. The Board may place additional Agenda items on
the Consent Calendar, if no one present wishes to testify on an item. 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. Modification Projects may be discussed by the Board at this meeting or set for a public hearing at a
later meeting. Items already noticed for a public hearing will be heard following Continued Items, or, if necessary,
posted for a public hearing at a subsequent meeting.

1. Approval of Previous Meeting Minutes
    Minutes from 11/08/2012 meeting 
                                                 Recommendation: APPROVE

New Hearings:

2. 2133 University Avenue – Acheson Commons
Final Environmental Impact Report
for Use Permit #10-10000078, Structural Alteration Permit #10-40000020 &
Design Review #10-30000069, 1979-1987 Shattuck Avenue, 2101-2113 University Avenue, 2125-2145 University
Avenue & 1922 & 1930 Walnut Street.
Applicant: Equity Residential, 26970 Aliso Viejo Parkway #250, Aliso Viejo, CA
Zoning: C-DMU, “Downtown Mixed Use, Outer Core”; Planner: Greg Powell
                                               Continued From:    None
                                               Recommendation: CERTIFY
the Final EIR and CONTINUE the Public Hearing to
                                                                                    December 20, 2012.


3. 2993 College Avenue   
Use Permit #11-10000001 to legalize the construction of a 322 sq. ft. covered walkway leading to a 230 sq. ft.
storage building at the rear of an existing full service restaurant that serves beer and wine with meals.
Applicant: Kaushik Amruthur P.O. Box 568, Cupertino, CA 95015
Property Owner: Angelo D’Alo 2993 College Ave., Berkeley, CA 94705
Zoning: C-E, “Elmwood Commercial District”; Planner: Nathan Dahl
                                             Continued From:    None
                                             Recommendation: APPROVE
Use Permit #11-10000001 subject to the Findings
                                                                                 and Conditions.


4.  1640-1650 Martin Luther King, Jr. Way
Use Permit #12-10000034
to convert an existing office space into two new dwellings, reduce the number of required
off-street parking spaces from two to zero, and reduce the amount of Usable Open Space from 400 square feet to
zero.
Applicant: KD Bowman/ The Bay Architects, 1840 B Alcatraz Ave. Berkeley, CA
Property Owner: John Gordon, 2091 Rose St. Berkeley, CA
Zoning: C-N, “Neighborhood Commercial”; Planner: Claudine Asbagh
                                         Continued From:    None
                                         Recommendation: APPROVE
Use Permit #12-10000034 subject to the Findings and
                                                                             Conditions.

5. 2420 Roosevelt Avenue
 
Use Permit #12-10000038 to raise an existing 3-story single-family dwelling by 3 feet, 7 inches to create a new
1,172 square-foot dwelling unit on the ground floor.
Applicant: Maxwell Beaumont, 4050 Harlan St., Emeryville, CA 94608
Property Owner: Carmen Herndon, 2420 Roosevelt Ave., Berkeley, 94703
Zoning: R-2, “Restricted Two-Family Residential”; Planner: Aaron Sage
                                       Continued From:    None
                                       Recommendation: APPROVE
Use Permit #12-10000038 subject to the Findings and 
                                                                           Conditions.


6. 2309 Telegraph Avenue  
Use Permit #12-10000033 to establish a Quick Service Restaurant of 1,477 sq. ft., exceeding the C-T District’s
limitation on the number of such restaurants.
Applicant: Roger Wilson, 1250 Addison St., #104, Berkeley, CA 94702
Property Owner: RSGF Granada Building, LLC, 551 Fifth Ave., New York, NY 10176
Zoning: C-T, “Telegraph Avenue Commercial”; Planner: Aaron Sage 
                                     Continued From:    None
                                     Recommendation: APPROVE
Use Permit #12-10000033 subject to the Findings and
                                                                         Conditions.


7. 2218 Ninth Street  
Use Permit #12-10000028 to demolish an existing church and to construct two, two-story detached dwelling units
and a detached accessory building.
Applicant: John Newton, 827 Coventry Road, Kensington, CA 94707
Property Owner: Tom Anthony, 5666 Telegraph Ave., Oakland, CA 94609
Zoning: R-1A, “Limited Two-Family Residential District”; Planner: Leslie Mendez 
                                   Continued From:    None 
                                   Recommendation: APPROVE
Use Permit #12-10000028 subject to the Findings and
                                                                       Conditions.


Appeal of Administrative Use Permit:
Appeals of Administrative Use Permit applications are not subject to public hearing and no public testimony will be
taken at this time. The Board may set the matter for public hearing, or affirm the Zoning Officer’s decision.

8.  1387 Scenic Avenue
Appeal of Administrative Use Permit 12-2000065
to enlarge an existing single-family residence from 2,421 sq.
ft. to 3,487 sq. ft. by constructing a new split level story over the existing house and finishing the basement to add 2
new bedrooms and a bathroom.
Applicant: Jack Backus Architects, 1057 Hubert Road, Oakland, CA 94610
Property Owner: Michael Campesino, 7951 Michigan Ave., Oakland, CA 94605
Appellant: Oren Leiman, Alex Gilberg, Margaret Tracy, et. al., 1348 Euclid Ave., Berkeley, CA 94708
Zoning: R-1H, “Single Family Residential, Hillside Overlay”; Planner: Pamela Johnson
                                Continued From:    None
                                Recommendation: UPHOLD
the Zoning Officer’s decision to approve Administrative Use 
                                                                    Permit #12 – 20000065, and dismiss the Appeals.


9. 1152 Amador Avenue  
Appeal of Administrative Use Permit #11-20000034 to enlarge an existing single-family residence from 2,645
sq. ft. to 3,944 sq. ft. by expanding the ground floor and constructing a new third floor, increasing the average
height from 22 feet to 28 feet, 9”.
Applicant: Jensen/Ptaszynski Architects, Andre Ptaszynski, 3449-A Mt. Diablo Blvd., Lafayette, CA 94549
Property Owner: Todd Forbush and Hillary Metz, 1152 Amador, Berkeley, CA 94707
Appellants: Darleen R. Dhillon, 1145 Shattuck Ave., Berkeley, CA 94707 and Colin G. McGuire, 1157 Amador
Ave., Berkeley, CA 94707
Zoning: R-1H, “Single Family Residential, Hillside Overlay”; Planner: Greg Powell
                              Continued From:    None
                              Recommendation: UPHOLD
the Zoning Officer’s decision to approve Administrative Use
                                                                   Permit #11-20000034, and dismiss the Appeals.

Additional Agenda Items:
The following agenda items may be discussed, but no action may be taken unless a specific item is listed on
this agenda
.

A. Information/Communication
Correspondence from Laura Menard, dated November 5, 2012
B. Discussion Item
C. Business Meeting
D. Chairperson’s Report
E. Current Business/Committee Appointment
F. Future Agenda Items
G. Other Matters

Adjourn

Correspondence and Notice of Decision Requests
• 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.
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 ZAB 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 early in the meeting. To distribute correspondence
at the meeting, please provide 15 copies and submit to the Zoning Adjustments Board Clerk just before or at the
beginning of the meeting. Please be advised: Board members do not have an opportunity to read materials distributed
at the meeting. 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 ZAB Secretary at: Land Use
Planning Division (Attn: Terry Blount, AICP, ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704 OR at zab@ci.berkeley.ca.us

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.

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.

Home | Web Policy | Text-Only Site Map | Contact Us
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
###