Click here for Agenda in PDF 

Zoning Adjustments Board
Thursday, January 24, 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:
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.

1. 2081 Addison Street
Applicant:  Brian Rawlinson, Architect, 2161 Shattuck Avenue #307 , Berkeley, CA 94704
UP Modification #07-70000024 to expand existing Aurora Theatre for additional facility support space into existing retail space; (C-2, Central District -  Arts District Overlay, J.W. Claiborne/G. Powell)

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): 

2. 1923 Ninth
Applicant: JDIP, LLC, Attention Justin Jee, 480 Second Street, Suite 203, San Francisco, CA  94107
Use Permit #07-10000063 to demolish two existing residential buildings containing a total of five dwelling units and construct two three-story buildings containing 15 condominium dwelling units, over an 18-space below-grade parking garage. (R-3, Multiple Family Residential District; CM/GP)

Continued Public Hearings: 

3. 1441 Ashby Ave
Applicant: BioFuel Oasis, 2265 Fourth Street; Berkeley, 94710
Use Permit #07-10000046 to establish biodiesel fueling station at existing former gas station (currently used for auto detailing); main building to remain, pump canopies to be altered or replaced to accommodate taller vehicles (C-SA, South Area Commercial; AS)

Compliance Determination:  NONE 

New Hearings: 

4. 1796 Shattuck Avenue
Applicant: Ayman Morror – 1796 Shattuck Ave., Berkeley, CA 94709
Use Permit Modification #07-70000022 to legalize the conversion of Carry Out Food Service Store serving frozen treats to a cafe-style, Quick Service Restaurant with seating; to reduce the incremental parking requirement for this Change of Use; and extend the hours of operation.(Fatema Crane, C-1, General Commercial)

Additional Agenda Items:

  1. Information/Communication
    • Policy for accepting speaker cards
  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

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:

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.