Planning
and Development Department
Land Use Planning Division
Thursday, August 10, 2006
7:00 PM
City Council Chambers
2134 Martin Luther King Junior Way
Berkeley, CA 94704
(Wheelchair Accessible)
Public Testimony Guidelines
The Board Chair 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) at the public hearing, by 7:15 PM on the night of the hearing, or (2) at the Permit Service Center, 2120 Milvia Street, before 5:00 PM on the day of the hearing.
The
Board encourages the public to submit comments in writing or by email, in
advance of the meeting. See Correspondence and Notice of Decision
Requests at the end of this Agenda for procedures.
Planning
and Development Department-Land Use division
Roll Call
Public Comment
Each Speaker is limited to a maximum of three
minutes.
Consent Calendar
The
Chairperson of the Board will announce the items on the Consent Calendar at
7:05 p.m. 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. Any applicant,
member of the audience, or Zoning Adjustments Board member may require that a
Consent Calendar item be removed from the Calendar for discussion and testimony
(if already posted for hearing). Items
pulled from the Consent Calendar will be heard following Continued Items, or,
if necessary, posted for a public hearing at a subsequent meeting.
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1. |
3192 Adeline Street |
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Request by: Huck Rorick, 2640 Silvercrest,
Pinole, and Judith A. Meyer, 1613 Bonita Avenue, Berkeley Use Permit # 06-70000017 to
modify Use Permit A1840 to allow the expansion of the South Berkeley Police
Substation for employee lockers and vehicle storage (C-SA – South Area
Commercial, GP). |
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Continued From: |
none |
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Recommendation: |
Approve |
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2. |
1801 Shattuck Avenue |
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Request by: Avi Nevo, 2171 Addison Street,
Berkeley CA 94704 Use Permit Modification #05-70000030 to
modify Use Permit #03-10000053 to allow 1) the conversion of three retail
lease spaces to allow a range of two to six lease spaces; 2) a change of use
in these spaces from retail to a combination of retail, office, personal and
household service and/or food service uses (including carry-out, quick-serve
and/or restaurant), with no more than two lease spaces, totaling no more than
2,100 square feet, devoted to food service uses; 3) hours of operation of
food service uses to be from 7:00 a.m. to 11:00 p.m.; and 4) the creation of
three additional on-site parking spaces
(C-1, General Commercial, GMS). |
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Continued From: |
none |
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Recommendation: |
Approve |
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3. |
157 and 161 Vicente Road |
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Request by: Antonio Lao Rempel & Lao
Architects, 2213 Fifth Street, Berkeley, CA 94710 Use Permits #06-10000039 and 06-10000040 to
construct two single-family dwellings on a 19,027 square foot sub-divided lot
with a shared driveway (R-1H, Single-family Residential Hillside, DS/JL). |
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Continued From: |
none |
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Recommendation: |
Continue Public
Hearing to September 14, 2006. |
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Agenda Changes
The
Board Chair may reorder the agenda at the beginning of the meeting.
Appeal of Administrative Use Permit: None
Continued Hearings: None
Nuisance Proceedings: None
New Hearings:
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4. |
1409 Glendale Avenue |
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Request by: Jay Sherlock, 4202 Telegraph
Avenue Oakland, CA 94609 Use Permit #06-10000005 to construct a
2-story single-family dwelling unit with an average height of 26 feet, 2,750
square feet of gross floor area and a single-car carport on a vacant lot of
5,879 square feet (R1-H Single Family Residential, Hillside Overlay,
CLW/G.P). |
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Continued From: |
none |
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Recommendation: |
Approve |
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5. |
900 Wildcat Canyon |
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Request by: Frank A. Bergamaschi, 30
Pacific Avenue, San Francisco, CA 94111 Use Permit #06-10000065 to construct a
single-family dwelling with three stories, average height of 23.5 feet, 2,300
square feet of floor area and two parking spaces on a vacant lot of 50,094
square feet (R-1H, Single-family Residential Hillside, GMS/MKL). |
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Continued From: |
none |
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Recommendation: |
Approve |
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6. |
2036-38 Lincoln Street |
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Request by Kava Massih Architects, 2830
Ninth St., Berkeley, 94710 Use Permit #05-10000126 to demolish
existing dwelling unit and build 3 new dwelling units in two 3-story buildings
with average height of 33 feet, 3 inches, total floor area of 3,781 square
feet, and 3 off-street parking spaces on a lot of 4,759 square feet (C-NS,
North Shattuck Commercial; AS). |
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Continued From: |
none |
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Recommendation: |
Approve |
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7. |
2502 Telegraph
Avenue |
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Request by: Ruggero Milano, 132 Hacienda
Dr., Tiburon, CA 94920Use Permit #05-10000114 to establish a
full-service restaurant with incidental service of beer and wine, 1,940
square feet of floor area, and 48 seats, in an existing commercial building
with no off-street parking (C-T, Telegraph Avenue Commercial, AS). |
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Continued From: |
none |
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Recommendation: |
Approve |
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8. |
1350 Fourth Street |
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Request by: Michael St. Pierre, NRC
Environmental, 1605 Ferry Point, Alameda, CA
94501 Use Permit #05-10000141 to allow the
demolition of three industrial buildings (Building Numbers 11, 30, and 40)
with approximately 6,400 square feet of floor area to facilitate the removal
of contaminated soils and groundwater on the Flint Ink property (M,
Manufacturing, SDR). |
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Continued From: |
none |
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Recommendation: |
Approve |
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9. |
1191 Delaware Street |
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Request by: Elizabeth Buchanan and Michael
Fretz, 1191 Delaware Street, Berkeley, CA 94702 Yard Variance 06-10000088 to further reduce
an existing, non-conforming side yard setback from 3.29 ft. to 2.57 ft. in
order to permit a lot line adjustment that will correct a non-conforming
property line (R-2, Restricted Two-Family Residential, FC). |
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Continued From: |
07/27/06 |
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Recommendation: |
Approve |
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10. |
1187 Delaware Street |
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Appeal by: Michael Fretz, 1191 Delaware
Street, Berkeley, CA 94702 AUP 04-20000020 to legalize construction
that vertically extended existing, non-conforming front and side yard
setbacks (R-2, Restricted Two-Family Residential, FC). |
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Continued From: |
07/27/06 |
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Recommendation: |
Deny Appeal and
Approve Project |
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11. |
704 Keeler Avenue |
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Appeals by: James and Lisa Kaufman, 700
Grizzly Peak Blvd. Berkeley, CA 94702, and Melvin Hodges, 705 Grizzly Peak
Blvd., Berkeley, CA 94702, of AUP 05-20000135 to create a major residential
addition of 1,934.5, and to vertically extend an existing, non-conforming
side yard setback. (R-2, Restricted Two-Family Residential, FC). |
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Continued From: |
07/27/06 |
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Recommendation: |
Deny Appeal, and Approve Revised Project |
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Additional Agenda Items:
A.
Information/Communication
·
Letter from
John Norheim, August 4, 2006.
B.
Business
Meeting
C.
Chair’s Report
D.
Current
Business/Committee Appointments
E.
Future Agenda
Items
F.
Other Matters
·
No Meeting on
August 24, 2006. Next meeting is
September 14, 2006.
G.
Adjourn
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.
·
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 email) 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.
· Written comments, or a request for a Notice of Decision should be directed to the ZAB Secretary at
Land Use Planning Division (Attn: ZAB Secretary)
2120
Milvia Street
Berkeley,
CA 94704 OR at zab@ci.berkeley.ca.us
Communication Access
To request a meeting agenda
in large print, Braille, or on cassette, or to request a sign language
interpreter for the meeting, call the Current Planning Division at 981-7410
(voice) or 981-7474 (TDD); at least five (5) working days notice will ensure
availability.
Legal Notice Concerning Your Legal Rights
If you object to a
decision by the Zoning Adjustments Board to approve or deny a permit or
variance for a project, the following requirements and restrictions apply:
1. 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 Current
Planning Division in writing to receive a Notice of Decision when it is
completed.
2. Pursuant to Code of Civil Procedure, Section
1094.6(b), no lawsuit challenging a City Council decision to deny a permit or
variance 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), which has been adopted by the City.
Any lawsuit not filed within that
ninety (90) day period will be barred.
3. Pursuant
to Government Code, Section 65009(c)(5), no lawsuit challenging a City Council
decision to approve (with or without conditions) a permit or variance 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), which has been adopted
by the City. Any lawsuit not filed
within that ninety (90) day period will be barred.
4. 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
pubic 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.