Planning and Development Department
Land Use Planning Division
ACTION
MINUTES
Thursday,
January 10, 2008 -- 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: 7:05
PM
Present: J. Anthony, T. Doran, B.
Allen, D. Matthews, R. Judd, M. Alvarez-
Cohen,
S. Wilson
Absent: S. Shumer, J. Arreguin
Public Attendance: ~10
Public
Comment NONE
Each Speaker is limited to
a maximum of three minutes.
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.
Item 3. 2323 San Pablo moved to Consent Calendar for
approval
Agenda
Changes
The Board Chair may
reorder the agenda at the beginning of the meeting.
Continued
Items (Public Hearing has been closed):
1. 1923 Ninth
Continued From: December
13, 2007
Recommendation: Continue
to 01/24/08 at the request of the applicant.
Action: Continued
to 01/24/08 (7-0-0-2; Absent: Arreguin, Shumer)
Continued
Public Hearings: NONE
Compliance
Determination: NONE
New
Hearings:
2. 1799-F Fourth Street
Use Permit #07-10000129 to convert an existing quick service restaurant
to a full service restaurant and to allow beer and wine sales and service;
(MU-R, Mixed-Use-Residential, FC/HY).
Continued From: None
Recommendation: Approve
Action: Approved
on Consent (7-0-0-2; Absent: Arreguin, Shumer)
3. 2323
San Pablo Avenue
Continued From: None
Recommendation: Approve
Action: Approved
on Consent (7-0-0-2; Absent: Arreguin, Shumer)
4. 1456
Fourth Street
Continued From: None
Recommendation: Approve
Action: Approved
on Consent (7-0-0-2; Absent: Arreguin, Shumer)
5. 1350-1354
Neilson Street
Continued From: None
Recommendation: Approve
Action: Approved
with changes (7-0-0-2; Absent: Arreguin, Shumer)
6. 2136
Center Street
Continued From: None
Recommendation: Approve
Action: Approved
on Consent (7-0-0-2; Absent: Arreguin, Shumer)
Additional
Agenda Items:
A.
Information/Communication
q
2008 ZAB schedule – no changes
q
Policy for accepting speaker cards – set for agenda
item at next ZAB meeting
B.
Business Meeting
C.
Chair’s Report
D.
Current Business/Committee Appointment
E.
Future Agenda Items
F.
Other Matters
G.
Adjourn 7:30PM
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 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.
·
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 Steven D.
Ross, Secretary, Zoning Adjustments Board]