Click here for Agenda in PDF 


Zoning Adjustments Board
Thursday, August 14, 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 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 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.  Approval of Previous Meeting Minutes 

2. 2055 Center
Applicant: Walter Armer, SNK Captec Arpeggio LLC, 3966 San Pablo Ave, Suite A, Emeryville, CA 94608
Use Permit Modification #08-70000017 to modify the mixed-use project approved by Use Permit #03-10000002 and #07-70000008 to allow construction to begin at 7 a.m. Monday - Saturday instead of 8 a.m., and to allow extended construction hours for special construction activities for no more than a total of 15 working days, subject to Zoning Officer approval, with 2 weeks advance notice to surrounding residents and businesses; (C-2, SDR\GP)

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

Appeal of Administrative Use Permit/Staff Level Design Review:
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.

3. 601 Spruce
Applicant: Nashua Kalil, 601 Spruce Street, Berkeley CA, 94707
Appeal of Administrative Use Permit # 06-20000189 to construct a 480 sq. ft. addition to an existing 1,590 sq. ft., split-level single-family residence; (R-1H, NFD)

Continued Items (Public Hearing has been closed):

4. 1181 Laurel
Applicant: Murray Bruce 1181- Laurel Street, Berkeley CA 94708
Appeal of Administrative Use Permit # 07-20000138 to raise a single-family home approximately 4’, thereby 1) creating a new 554 sq. ft. accessory dwelling unit, 2) increasing the usability of approximately 540 sq. ft. of storage space by increasing the clearance height from 6’ to 9’, and 3) creating approximately 110 sq. ft. of new floor area by increasing the clearance height from just under 6’ to 9’ (R-1H, NFD)

Continued Public Hearings: NONE

Compliance Determination: 

5. 2116 Allston – GAIA Building
Review of Conformance with Use Permits # 97-10000093, # 02-70000014, # 02-70000067. (C-2, WC)
Continued From: NONE
Recommendation: No Action

New Hearings: 

6. 1367 La Loma
Applicant: Paul P. Lupinsky, 4938 McBryde Avenue, Richmond, CA 94805
Use Permit # 08-10000081 to demolish an existing 1,150 sq. ft. single-family house and rebuild a new 3,330 sq. ft. single-family home with an average height of 24’ and a maximum height of 36’. (R-1H, NFD)

7. 2390 Fourth
Applicant: Amod Chopra, Vik’s Chaat Corner;  1321 Seventh Street; Berkeley, CA 94710  UP #08-10000066 to operate a restaurant and retail store in a space previously used for manufacturing; (MU-LI, JWC/ND)

8. 91 Shattuck Square
Applicant: Carmine Frank Giuliano, Architect; P.O. Box 1517; Lafayette, CA 94549-1517
UP #08-10000061 to operate a quick service restaurant with beer and wine service, and to permit sidewalk café seating, extended hours of operation (up to 24 Hours), alcohol service outside in an enclosed arcade, and to allow sale of beer and wine for off-site consumption (C-2, JWC/GS)

9. 2421 Ninth
Applicant: Gregory VanMechelen, 1117 Virginia Street, Berkeley, CA 94702
Use Permit 05-10000084 to construct a two-story 1,776 sq. ft., detached dwelling unit at the rear of a 6,500 sq. ft. lot with one existing dwelling unit, (R-1A, ES)

10. 2002 Acton
Applicant: Verizon Wireless Communications, c/o James Singleton, NSA Wireless, Inc., Bishop Ranch 15 1st Floor, 12647 Alcosta Blvd. Suite 110, San Ramon, CA 94583
Use Permit #05-10000090 to construct a new wireless telecommunications facility (including six antennas and related equipment) for Verizon Wireless Communications; (C-1, PJ)

11. 740 Heinz
Applicant: Chris Barlow, Wareham Development 1120 Nye Street, Suite 400
San Rafael, CA 94901
Use Permit #05-10000017 to demolish the existing single-story, 9,600 square foot City of Berkeley Landmark (the Garr Building or Copra Warehouse) and construct a building to contain research and development laboratories and pilot manufacturing facilities, with at least 10,000 square feet of warehouse floor area. (MU-LI; GP)

12. 1200 Ashby
Applicant: Ali Kashani, Memar Properties, INC; 5715 Claremont Avenue; Oakland, CA 94618 & David Greensfelder, Rawson, Blum & Leon; 456 Montgomery Street, Suite 1000 SF, CA 94104
Preliminary consideration (no formal action) of Use Permit #07-10000133 to construct a 5-story mixed use building with 98 residential condo units, 11,900 square feet of ground-floor commercial space, and 135 parking spaces on a 34,210 square-foot lot. (C-W; CW/AS)

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

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:
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.