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Department of Planning & Development
Department of Planning & Development

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Zoning Adjustments Board
Thursday, March 27, 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) as early as possible at the meeting, or (2) at the Permit Service Center, 2120 Milvia Street, before 5:00 PM on the day of the hearing.  At the start of the meeting the Board may rearrange the agenda or place additional agendized 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 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 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.

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

Compliance Determination:  NONE

New Hearings: 

1. 1224 Tenth
Applicant: Rossa Motors, 1224 Tenth Street, Berkeley, CA 94710
Use Permit 08-10000011 to establish an automobile repair and service facility in an existing 4,000 sq ft tenant space. (MU-LI, Mixed Use-Light Industrial District, DD/GP).

  • Continued From: NONE
  • Recommendation: Approve

2. 3025 College Ave.
Applicant: Jack Backus – 5253 College Avenue, Oakland CA, 94618
Administrative Use Permit # 07-20000133 to construct a 1,176 sq. ft. addition to an existing one-story, single-family house by raising the existing building approximately 10’6” (thereby increasing the average height of the building from approximately 16’ to approximately 26’6’’) and to move the house 1” to the south and 8” to the east thereby making the building conforming to the required setbacks (R-2A; Restricted Multifamily Residential; NFD)

  • Continued From: NONE
  • Recommendation: Approve

3. 11 Maybeck Twin 
Applicant: Luella Noles & Jeung Hyun, 760 Grizzly Peak Boulevard, Berkeley CA
Use Permit #07-10000091 to construct a two-story, 3,600 sq ft single-family residence and a 660 sq ft carport for two automobiles on a 7,644 sq ft parcel; (R-1 (H), GP)

  • Continued From: NONE
  • Recommendation: Approve

4. 2996 Shattuck 
Applicant: Muthana Ibrahim, MI Architects, 2960 Camino Diablo, Suite 100, Walnut Creek, CA
Use Permit #07-10000019 to make a lawfully non-conforming fueling station with 24-hr service conforming by issuance of a Use Permit, to merge two existing parcels into a single parcel, to construct a new retail store of approximately 873 sq. ft., to install two new fueling bays at the existing station, and to establish retail sales 24 hours per day (C-SA; Commercial South Area; FC)

  • Continued From: NONE
  • Recommendation: Approve

Additional Agenda Items:

  1. Information/Communication
  2. Business Meeting
  3. Chair’s Report
  4. Current Business/Committee Appointment
  5. Future Agenda Items
  6. Other Matters
  7. 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 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
    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 public use without just compensation under the California or United States Constitutions, the following requirements apply:
    • That this belief is a basis of your appeal.
    • Why you believe that the decision or condition constitutes a "taking" of property as set  forth above.
    • 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.

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Department of Planning & Development, 1947 Center Street, 3rd Floor, Berkeley, CA 94704
Questions or comments? Email: Phone: (510) 981-7400
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903