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Department of Planning & Development
Department of Planning & Development

color logo backup                   Agenda

Zoning Adjustments Board 
Thursday, April 08, 2010, 7:00 PM
City Council Chambers, 2134 Martin Luther King Junior Way. 2nd Floor
Berkeley, CA  94704  (Wheelchair Accessible)

Public Testimony Guidelines
The Board Chairperson 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:    Deborah Matthews (Chair), appointed by Mayor Bates
                     Robert Allen (Vice-Chair), appointed by Councilmember Wengraf
                     Michael Alvarez Cohen, appointed by Councilmember Wozniak
                     Jesse Anthony, appointed by Councilmember Anderson
                     Danfeng Koon, appointed by Councilmember Worthington
                     Vacant, appointed by Councilmember Moore
                     Elisa Mikiten, appointed by Councilmember Maio
                     Sara Shumer, appointed by Councilmember Arreguin  
                     George Williams, appointed by Councilmember Capitellli

Ex Parte Communication Disclosures
In the context of adjudicative matters that come before the ZAB, ex parte communications are those
which occur outside the formal hearing process.  ZAB members should avoid ex-parte contacts on
matters pending before the ZAB as much as possible, as they may represent, or be perceived to
represent, the receipt of evidence that can unfairly influence a Board member’s decision on a matter
before the Board.  If such contacts do occur, they must be placed in the record and disclosed to all
interested parties sufficiently in advance of the decision to allow rebuttal. 

Public Comment
The Board invites comment on topics not otherwise on the agenda.  Each Speaker is limited to a
maximum of three minutes.

Agenda Changes
The Board Chair may reorder the agenda at the beginning of the meeting.

Consent Calendar: 
The Consent Calendar allows the Board to take action with no discussion, on projects to which no
one objects.  The Agenda includes three types of Consent Calendar items:  (1) Approval of previous
meeting minutes; (2) Modifications of existing Use Permits (which have not been noticed for public
hearings); (3) 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 Agenda 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.

1.      Approval of Previous Meeting Minutes 
         Minutes from 3/11/10 meeting  
                                                   Recommendation: APPROVE

2.      35 Rock Lane
         Appeal of Administrative Use Permit #09-20000090,
to construct a new third story of approximately
         583 sq. ft. on an existing two-story, approximately 1,589-sq. ft. single-family residence.  (Zoning: R-1(H),
         Single-Family Residential, Hillside Overlay District)
         Applicant:   Phillip Moss, 912 Santa Fe Avenue, Albany, CA 94706
         Appellant:   Steven Rood, Esq., 405 14th Street, Suite 212, Oakland, CA 94612
                               for Iris X. Wang and JiangKang Liu, 43 Rock Lane, Berkeley, CA 94708
         Appellant:   Margaret Paternek, 55 Rock Lane, Berkeley, CA 94708
                                                        Continued From: NONE
                                                     Recommendation: Continue Without Discussion to 
                                                                                         April 22, 2010

3.     1006 Creston
        Appeal of Administrative Use Permit #09-20000034
to reconstruct a 2-story, approximately 3,100-sq. ft.,
        fire-damaged residence as-of-right, to add approximately 1,800 sq. ft. of new floor area to the original
        building envelope, to include a new Accessory Dwelling Unit in the lower level of the building and roof deck
        atop. (Zoning: R-1(H), Single-Family Residential, Hillside Overlay District)
        Applicant:   Mark Anderson, AIA, Anderson Anderson Architecture, 90 Tehama Street, San Francisco, CA 94105
        Property Owner:   Christine Sheppard, P. O. Box 1007, Jamestown, ND 58402
        Appellant:   Joseph Wood of Hennefer, Finley & Wood, LLP, 425 California Street, San Francisco, CA 94104
                                                      Continued From: NONE
                                                   Recommendation: Continue Without Discussion to 
                                                                                       April 22, 2010

4.     2244 Dwight Way
        Appeal of Administrative Use Permit #09-2000078
to construct a 3-story, 1,661-sq. ft. addition at the rear
        of an existing 2,668- sq. ft., 2-story duplex. (Zoning:  R-4, MultiFamily Residential District)
        Applicant:  Charles Huddleston, 1305 Boulevard Way, Walnut Creek, CA 94595
        Property Owner:   Robert Cabrera, 23 Hillside Court, Berkeley, CA 94704
        Appellant:   Bob Viener, 2239 Blake Street, Berkeley, CA 94704
        Appellant:   Linda Bunden, 2520 Ellsworth Street, Berkeley, CA 94704 
                                                     Continued From: NONE
                                                  Recommendation: Continue Without Discussion to
                                                                                      April 22, 2010

Appeal of Administrative Use Permit/Staff Level Design Review:  NONE

 Appeals of Administrative Use Permit and Design Review applications are not subject to public hearing and
no public testimony will be taken at this time.  The Board may set the matter for public hearing, or affirm the Zoning
Officer’s or Design Review Secretary’s decision.

5.        2412 Stuart 
           Appeal of Administrative Use Permit #09-20000070 to eliminate one dwelling unit in a 3,070 square foot
           multi-family residential apartment building with five dwelling units. (Zoning:  R-2, Restricted Two-Family
           Residential  District)
           Applicant: Mary Jennifer Friday, 2412 Stuart Street #1, Berkeley, CA 94705
           Appellant:   Anne Tamiko Omura, Esq. Executive Director Eviction Defense Center, A Nonprofit Law Corporation,
           1611 Telegraph Avenue #726 Oakland, CA 94612
                                                   Continued From: NONE
                                                Recommendation: AFFIRM the Zoning Officer’s approval of the Administrative
                                                                                    Use Permit, and dismiss the appeal

New Public Hearings: 

6.       1634 62nd Street
           Use Permit #10-10000016
to relocate a two-story former dwelling from UC Berkeley (“Cheney Cottage”) 
           to the front of this site, and move an existing dwelling on the site (“Delaney House”) from the front to the rear,
           raising it 4 feet, 2 inches. (Zoning:  R-2A, Restricted MultiFamily Residential District)
           Applicant/Architect:  Andus Brandt, 1818 Harmon St., Berkeley
           Property Owners:  Dmitri Belser & Tom White, 2024 Parker St., Berkeley
                                                    Continued From: NONE
                                                  Recommendation: Approve pursuant to Findings and Conditions

7.      2926 Domingo
          Use Permit #10-10000004
to establish a retail wine store with daily on-site wine tasting in an existing 1,300
          square foot retail space.  (Zoning:  C-N, Neighborhood Commercial District)
          Applicant:  Jim Meyers/Wine Thieves, 542 Gabriel Court, Walnut Creek, CA 94597
                                                   Continued From: NONE
                                                Recommendation: Approve pursuant to Findings and Conditions

8.      2121 San Pablo
         Use Permit # 10-10000011
to establish a full-service restaurant and bakery that serves beer and wine with
         meals and offers incidental retail food, beer and wine sales and incidental catering and wholesale of pastries
         with daily operating hours of 6 a.m. to midnight.  (Zoning;  C-W, West Berkeley Commercial District)
         Applicant:   Anja Voth, 1929 8th Street, Berkeley CA, 94710
         Property Owner:  Bruce and John Gordon, 2091 Rose Street, Berkeley CA, 94709
                                                  Continued From: NONE
                                               Recommendation: Approve pursuant to Findings and Conditions, 
                                                                                    including reduced operating hours

9.      2307-09 California    
         Use Permit #08-10000097
to renovate an existing one-story duplex, and construct a new, approximately
         697-square-foot second story on a property that is non-conforming for residential density and setbacks.
        (Zoning:  R-2, Restricted Two-Family Residential District)
         Applicant:  Edward Soos, 2303 California Street, Berkeley, CA  94703
                                                 Continued From: NONE
                                              Recommendation: Approve pursuant to Findings and Conditions

10.    2928 Otis        
          Use Permit #09-10000076
to construct a three-story single-family dwelling with 2,534 square feet and a
          4-foot rear setback behind an existing single-family dwelling on a 5,022.5 square-foot lot.  (Zoning: R-4,
          MultiFamily Residential District)
          Applicant/Architect:  David Soffa, 2926 Otis St., Berkeley, CA  94704
          Property Owners:  David Soffa, Theresa Clarke, and Madeleine Clarke, 2926 Otis St., Berkeley, CA
                                                 Continued From: NONE
                                               Recommendation: Review and direct applicant to make design modifications.

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.         Adjourn

Correspondence and Notice of Decision Requests
 Communications to Berkeley boards, commissions or committees are public record and will become part
of the City’s electronic records, which are accessible through the City’s website.  Please note: e-mail addresses,
names, addresses, and other contact information are not required, but if included in any communication
to a City board, commission or committee, will become part of the public record.
  If you do not want your
e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal
Service or in person to the secretary of the relevant board, commission or committee.  If you do not want your contact
information included in the public record, please do not include that information in your communication.  Please
rtcontact the secretary to the relevant board, commission or committee for further information.
 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
• Correspondence received by the 5 pm Tuesday before the meeting will be posted on the ZAB web site for review by
the Board and public prior to the meeting. Correspondence received later, and after the meeting, will be posted to the
web site following the meeting.
• Any correspondence received after this deadline will be given to Board members on the meeting date just prior to the
• 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: Steven Buckley, 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 use permit or variance for a project, the following requirements and restrictions apply:
1. If you challenge the decision of the City in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Adjustments
Board at, or prior to, the public hearing.
2. 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 of your desire to
receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b), no lawsuit challenging a City Council decision, as defined by
Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit 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). Any
lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code
of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit 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).  Any lawsuit not
filed within that ninety (90) day period will be barred.
5. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period
for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the
City, and that any challenge must be filed within this 90-day period.
6. 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:
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.


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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