Planning and Development Department
Land Use Planning Division
Thursday, April 26, 2007 -- 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 Call
to Order: 7:15 PM
Board Members Present: Anthony, Doran, Allen, Judd,
Tiedemann, Wilson, Shumer, Alvarez-Cohen.
Arrived 7:30 Arreguin
Approximate Public Attendance: 50
Public Comment
Each Speaker is limited to
a maximum of three minutes.
Opened: 7:15 PM
One
Speaker
Closed:
7:18 PM
Consent Calendar:
The Consent Calendar allows the Board to take action
with no discussion, on projects to which no one objects. The Agenda includes two types of Consent
Calendar items: (1) Modifications of
existing Use Permits (which have not been noticed for public hearings); (2)
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 p.m. The Board may place additional Agendized
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.
1508b Walnut Street added to the consent calendar
1740 Addison Street added to the consent calendar
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1. |
122 Avenida Drive |
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Continued From: |
None |
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Recommendation: |
Approve |
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Action: |
Approved on consent (8-0-0-1) (Absent: Arreguin). |
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2. |
2750 Adeline |
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Continued From: |
None |
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Recommendation: |
Approve |
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Action: |
Approved on consent (8-0-0-1) (Absent: Arreguin). |
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3. |
1001 Ashby |
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Continued From: |
None |
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Recommendation: |
Approve |
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Action: |
Approved on consent (8-0-0-1) (Absent: Arreguin). |
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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 Items (Public Hearing has been closed):
None
Continued Public Hearings: None
Nuisance Proceedings:
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4. |
2973 Sacramento Street |
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Request
by: City of Berkeley Code Enforcement
Division. |
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Continued From: |
None |
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Recommendation: |
Conduct Public Hearing and make recommendation to
City Council. |
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Action: |
Recommended that the Council find this property a
public nuisance, with recommended remedy to close the business. (9-0-0-0) |
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New Hearings:
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5. |
1508B Walnut Street |
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Continued From: |
None |
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Recommendation: |
Approve |
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Action: |
Approved on consent (8-0-0-1) (Absent: Arreguin). |
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6. |
2072 University Avenue |
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Continued From: |
None |
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Recommendation: |
Approve |
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Action: |
Approved with changes (9-0-0-0). |
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7. |
1740 Addison Street |
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Continued From: |
None |
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Recommendation: |
Approve |
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Action: |
Approved on consent (8-0-0-1) (Absent: Arreguin). |
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8. |
482 Michigan Avenue |
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Continued From: |
None |
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Recommendation: |
Approve |
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Action: |
Approved (9-0-0-0) |
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Additional Agenda Items:
A.
Information/Communication
B.
Business Meeting
C.
Chair’s Report
D.
Current Business/Committee Appointment
E.
Future Agenda Items
F.
Other Matters
G.
Adjourned 9:30 PM
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.
[Approved for posting by Debra R.
Sanderson, Secretary, Zoning Adjustments Board, March 30, 2007.]