Planning
and Development Department
Land Use Planning Division
Thursday, December 14, 2006
***SPECIAL MEETING BEGINS AT 6:00 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 6:15 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
6:05 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. |
2200 Oxford Street |
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Request by: Oxford Street Development, LLC,
P.O. Box 29585, San Francisco, CA 94129 Use Permit Modification #06-70000035 to
increase the size of a meeting room in an approved mixed-use project by about
520 square feet; (C-2, Central Commercial, AS). |
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Continued From: |
None |
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Recommendation: |
Approve |
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2. |
2811 Ninth |
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Request by: G.
Barry Wagner, 2809 Ninth Street, Berkeley, CA 94710 Modification
#06-70000036 to change a two-car garage to a one-car garage and to provide an
open parking pad, and to decrease the overall size of the accessory building
by 142 square feet; (MU-R, Mixed Use Residential, GMS). |
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Continued From: |
None |
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Recommendation: |
Approve |
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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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3. |
651 Addison |
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Request by:
Aquatic Park Enterprises, LLC, 2140 Shattuck Avenue, Suite 302, Berkeley,
California 94704 Use Permit #06100000-67 to demolish a vacant 19,400-square-foot
warehouse; (C-W, West Berkeley Commercial, GP/JL). |
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Continued From: |
None |
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Recommendation: |
Approve |
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4. |
2813 M L King Way |
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Request by: Pattern Development, LLC, 5880 #A Doyle
Street Emeryville Use Permit
#05-10000121 to construct a 3,321 square foot, two-story, multi-family
residential building with three dwelling units and related parking; (R-2A,
Restricted Multi-family Residential, GPowell). |
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Continued From: |
None |
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Recommendation: |
Approve |
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5. |
2747 San Pablo |
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Request by: David
Mayeri 1300 Clay Street, Suite 600, Oakland, CA 94614 Preliminary
consideration (no final action) of Use Permit #06-10000119 to demolish
existing building and construct a 5-story mixed use building (average height
of 52’-5”) with 39 residential condo units (29,066 sq. ft.), 2 live-work
units (2,135 sq. ft.), one commercial space (1,494 sq. ft.), and 49 parking
spaces on a 17,386 square-foot lot; (C-W, West Berkeley Commercial, C.
Wagner/A. Sage). |
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Continued From: |
None |
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Recommendation: |
For Board
Discussion only; no formal action requested at this time. |
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Regular
Meeting
Thursday, December 14, 2006
***REGULAR MEETING BEGINS AT 7:00 PM***
City Council Chambers
2134 Martin Luther King Junior Way
Berkeley, CA 94704
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. |
2600 San Pablo |
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Request by: A. Ali Eslami, P.O. Box 4623,
Berkeley, CA 94704 Use Permit # 05-0000130 to expand the
kitchen and interior seating area of the Missouri Lounge, add outdoor
seating, reconfigure and reduce the required parking, and expand alcohol
service to new seating areas; (C-W, West Berkeley Commercial District, GMS). |
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Continued From: |
11/09/06, 11/27/06 |
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Recommendation: |
Continue to
01/11/07 |
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2. |
2727 Milvia |
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Appellants: Mr.
Art Medlar, 2730 Milvia Street, Berkeley, CA 94703 and Savo Island
Cooperative Homes, Inc., 2017 Stuart Street, Berkeley, CA 94703. Applicant: East Bay Iceland, Inc., 2727 Milvia Street, Berkeley, CA 94703 Appeal of Temporary
Administrative Use Permit #06-20000056 to install a temporary outdoor refrigeration system
on the southern side of the property for the existing ice skating rink;
(South Area Commercial (C-SA, CW). |
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Continued From: |
10/26/06 |
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Recommendation: |
Continue to
01/11/07 |
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3. |
2953-2955 Telegraph |
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Request by: Ms. Meskerem
Tsegaye, 2955 Telegraph Avenue, Berkeley, CA 94705 Use Permit #05-70000034 to
increase alcohol service of an existing full service restaurant by adding
service of distilled spirits to existing service of beer and wine, and by
increasing operating hours from 8:00 a.m. to 12:00 a.m. daily to 8:00 a.m. to
2:00 a.m. daily; (C-1,General Commercial District, CW). |
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Continued From: |
None |
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Recommendation: |
Continue to
01/11/07 |
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Agenda Changes
The
Board Chair may reorder the agenda at the beginning of the meeting.
Appeal of Administrative Use Permit:
Continued Hearings:
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4. |
1513 Shattuck |
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Request by: Deepak Aggarwal, 1513 Shattuck
Avenue, Berkeley CA 94709 Use Permit #06-10000112 to legalize a full
service restaurant offering beer and wine beverage service with associated
seating for 45 patrons in a 1,425 sq.ft. lease space including outdoor patio
seating, with hours of operation from 10 a.m. to 12:30 a.m. daily, and Use
Permit Modification #06-70000024 to modify Use Permit #04-10000010 to include
the retail sale of beer in addition to existing wine tasting/retail sales.
(C-NS, North Shattuck Commercial, KM/GMS). |
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Continued From: |
11/27/06 |
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Recommendation: |
Approve |
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5. |
1325 Sixth Street |
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Request by: Mr. Lew Jones,
Facilities Division, Berkeley Unified School District, 1720 Oregon Street,
Berkeley, CA 94703 |
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Continued From: |
11/27/06 |
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Recommendation: |
Adopt Mitigated
Negative Declaration and Approve |
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6. |
2701 Shattuck Avenue/ 2100 Derby Street |
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Request by: 2701
Shattuck LLC, 2600 10th Street, Suite
509, Berkeley, CA Use Permit
#04-10000014 to construct a 34,894 square foot, five-story mixed-use building
containing 24 residential units (5 Inclusionary), 3,198 square feet of
commercial floor area within up to 4 ground floor tenant spaces (to include a
2,000 square foot quick-service food use) and 24 parking spaces (C-SA, Commercial South Area, GP). |
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Continued From: |
11/27/06 |
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Recommendation: |
Approve |
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7. |
1885 University |
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Request by: 1950
MLK, LLC, c/o Chris Hudson, Hudson McDonald LLC, 2140 Shattuck Avenue, Suite
302, Berkeley, CA 94704 Use Permit
#02-10000070 to allow construction of a mixed use development with 148
dwelling units, 14,390 square feet of retail, and 157 parking spaces in a two
level parking garage. The existing
commercial building (totaling approximately 20,375 square feet) would be
demolished; (C-1, General Commercial, SDR). |
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Continued From: |
11/27/06 |
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Recommendation: |
Approve |
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8. |
704 Keeler |
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Applicant: James Wong,
Architect, 207 Northwood Drive, South San Francisco, CA 94080 Appellant: James and Lisa Kaurfamn, 700 Grizzly Peak
Blvd., Berkeley, CA 94708 Appeal of Administrative Use
Permit #05-20000135 to create a
major residential addition of approximately 1,890 sq. ft. with a new third
story. (R-1 (H), Single-family Residential Hillside Overlay, FC). |
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Continued From: |
08/10/06 |
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Recommendation: |
Approve |
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Nuisance Proceedings: None
New Hearings:
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9. |
2020-2026 Addison |
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Request by: Steve Baker,
Executive Director, Freight & Salvage 1111 Addison Street Berkeley, CA
94702 Use Permit #06-10000094 to
permit a new performance theater within existing buildings in the Downtown
Arts District (The Freight & Salvage Coffee House) at 2020-2026 Addison
Street; (C-2 Zone (ADO), Central Commercial District, Downtown Arts
District Overlay, C.Wagner/SDR). |
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Continued From: |
None |
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Recommendation: |
Approve |
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10. |
2629-2635 Ashby |
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Request by: KC Bowman, Bay
Area Architects, for John Gordon, Gordon Commercial 1840 B Alcatraz Berkeley, CA
94703 Use Permit #06-10000098 to
permit the conversion of an existing commercial building (The Wright’s Garage
Building) into a multi-tenant commercial building at 2629-2635 Ashby Avenue;
(C-E Zone, Elmwood Commercial District, C.Wagner/SDR). |
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Continued From: |
None |
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Recommendation: |
Approve |
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11. |
709 Jones Street |
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Request by: Carol Benioff, 709
Jones Street, Berkeley, CA 94710 Use Permit #06-10000016 to demolish light industrial buildings at
rear, construct new 2,771 sq. ft. building with 2 live/work units and 3
parking spaces, and convert front building to live/work unit, on 4,900 sq.
ft. lot; (MU-LI, Mixed Use-Light Industrial, AS). |
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Continued From: |
None |
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Recommendation: |
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Additional Agenda Items:
- Information/Communication
- Business Meeting
- Chair’s Report
- Current Business/Committee Appointments
- Future Agenda Items
- Other Matters
- Adjourn
(Wheelchair
Accessible)
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.