Department of Planning & Development
Department of Planning & Development

Agenda 

Zoning Adjustments Board
Thursday, December 12, 2013 – 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: Debbie Sanderson, ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7410; zab@ci.berkeley.ca.us


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, 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 11/14/2013 meeting
                                                  Continued From:   None
                                                  Recommendation: APPROVE


Continued Public Hearing:

2. 778 Contra Costa Avenue
Administrative Use Permit #2013-0085 to enlarge an existing 2,458 sq. ft. single family dwelling by raising the existing two-story residence with an existing average height of 20’ by 2’ to create 765 sq. ft. of habitable space on the ground floor, construct a 347 sq. ft. second story addition, and construct a third story covered roof deck 20’ in height from grade, resulting in a new 3,570 sq. ft. residence.
CEQA Action: Categorically Exempt under Section §15301 ‘Existing Facilities’
Applicant: John Newton, 5666 Telegraph Ave., Suite A, Oakland, CA 94609
Property Owner: Carlos Martinez and Joanna Wulbert, 778 Contra Costa Ave., Berkeley, CA 94707
Zoning: R-1H, “Single Family Residential District, Hillside Overlay”; Planner: Pamela Johnson
                                               Continued From:   10/10/2013
                                               Recommendation: APPROVE Administrative Use Permit #AUP2013-0085
                                                                                   pursuant to Section 23B.32.040 and subject to the
                                                                                   attached Findings and Conditions (see Attachment 1).



New Public Hearings:

3.2635 Ashby Avenue
Use Permit #2013-0033 to establish a Full Service Restaurant within an existing two-story commercial building, exceeding the C-E District’s numerical limit on such restaurants, with 5,282 sq. ft. of gross floor area, (approx. 1,900 sq. ft. customer service area), incidental service of beer, wine and distilled spirits, and extended operating hours.
CEQA Action: A Negative Declaration has been prepared pursuant to Article 6 of the CEQA Guidelines.
Applicant: John Paluska, Belt and Suspenders, LLC, 126 Lomita Dr., Mill Valley, CA 94941
Property Owner: John Gordon, 2091 Rose St., Berkeley, CA 94709
Zoning: C-E, “Elmwood Commercial District”; Planner: Aaron Sage
                                            Continued From:    None
                                            Recommendation: ADOPT the Proposed Negative Declaration (Attachment 3)
                                                                                subject to the CEQA findings in Attachment 1, and
                                                                                APPROVE Use Permit #2013-0033 pursuant to Section
                                                                                23B.32.040 and subject to the attached Findings and
                                                                                Conditions (see Attachment 1).

4. 2749 Acton Street - A
Use Permit #2013-0041 to construct a new, 2,344-square-foot, two-story, four-bedroom single-family house on an existing vacant lot.
CEQA Action: Categorically Exempt under Section §15303 ‘New Construction or Conversion of Small Structures’
Applicant/Property Owner: Xiaopei (Chad) Qi, 636 Jerome St., Davis, CA 95616
Zoning: R-1, “Single Family Residential District”; Planner: Leslie Mendez
                                             Continued From:    None
                                             Recommendation: APPROVE Use Permit #2013-0041 pursuant to Section
                                                                                 23B.32.040 and subject to the attached Findings and
                                                                                 Conditions (see Attachment 1).


5. 2127 Russell Street
Use Permit #2013-0034 to construct two detached two-story dwelling units on an existing vacant lot, each with an attached one-car garage. The front house is 1,697 square feet with three bedrooms; the house to the rear is 2,640 square feet with four bedrooms.
CEQA Action: Categorically Exempt under Section §15303 ‘New Construction or Conversion of Small Structures’
Applicant/Property Owner: Slava Leonov, 2159 Dwight Way, Berkeley, CA 94704
Zoning: R-2, “Restricted Two-Family Residential District”; Planner: Leslie Mendez
                                           Continued From:    None 
                                           Recommendation: APPROVE Use Permit #2013-0034 pursuant to
                                                                               Section 23B.32.040 and subject to the attached 
                                                                               Findings and Conditions (see Attachment 1).

6. 2240 Ninth Street
Use Permit #2013-0032 to expand an existing Montessori school/childcare center by demolishing an existing two-story, 2,885 square foot transitional housing facility and by constructing a one-story, 2,455 square foot classroom and office building. Total enrollment would increase from 46 children (ages 18 months to 6 years) to 84 children; staff would increase from 9 full time staff to 15. Total gross floor area would decrease from 7,155 to 6,725 square feet. No parking spaces exist and none are proposed.
CEQA Action: Categorically Exempt under Section §15301 ‘Existing Facilities’
Applicant: Nia House Learning Center, 2234 9th St., Berkeley, CA
Property Owner: City of Berkeley
Zoning: R-1A, “Limited Two-Family Residential District” Planner: Greg Powell
                                         Continued From:    None
                                         Recommendation: APPROVE Use Permit #2013-0032 pursuant to
                                                                             Section 23B.32.040 and subject to the attached
                                                                             Findings and Conditions (see Attachment 1).

Preview of Upcoming Project:

7. 2501-09 Haste Street, 2433 Telegraph Avenue
Use Permit # 12-10000012 to demolish a 6,950 square foot retail building at 2433 Telegraph Avenue and to construct a 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 Ave., Oakland, CA 94608
Zoning: C-T, “Telegraph Avenue Commercial District”; Planner: Greg Powell
                                       Continued From:    None
                                       Recommendation: HOLD a Public Hearing to preview the project and 
                                                                           to provide comments to the Staff and to the
                                                                           applicant.

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 
     • E-mail from Jeanie Shaterian regarding proposed Walgreens store on Solano Avenue
B. Discussion Item
C. Business Item
     2014 ZAB Meeting Dates
D. Chairperson’s Report
E. Current Business/Committee Appointment
F. Future Agenda Items
G. Other Matters
     Future Council Hearings on ZAB Decisions
          i. 3001 Telegraph Avenue, 01/21/2014


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: Debbie Sanderson, 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
###