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Zoning Adjustments Board
Thursday, October 23, 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
 Minutes from 10-06-08 ZAB Meeting
 Recommendation: Approve Minutes

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

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.

Continued Items (Public Hearing has been closed): NONE

Continued Public Hearings: 

2. 2573 Virginia
Applicant: Zia and Farideh Sabetimani, 80 Poplar Street, Berkeley CA
Use Permit #08-10000038 to construct a new 2-story, approximately 1,580 square-foot main building with a 5-car garage and one dwelling unit, on a site with an existing two-story, approximately 3,000 square-foot, four-unit apartment building; (R-3H, LB

3. 1612-14 Francisco
Applicant: Adlai Leiby, 1616 Francisco Street, Berkeley, CA 94703
Use Permit 08-10000068 to construct a single story, 1,000 sq. ft. dwelling unit on a 13,500 sq. ft. lot with three existing dwelling units and to reduce the building separation from 12’ to 11’ for the proposed unit.  (R-2, EJS).

Compliance Determination:  NONE

New Hearings: 

4. 1906-08 Shattuck
Applicant: Steve Tipping, 1906 Shattuck Ave., Berkeley, 94704
Use Permit/Variance #08-10000067 to construct a 7,591 square foot, 3-story addition to an existing commercial building at 1906 Shattuck; retail or office use proposed on ground floor, office on upper floors; parking waiver of 15 spaces requested; (C-1, AS)

5. 2727 College
Applicant: Maybeck High School, 2362 Bancroft Way, Berkeley, CA 94704
Use Permit #08-10000088 to use 7,200 sq. ft. of floor area in an existing church facility to accommodate a private high school for up to 140 students and to eliminate a dwelling unit and change the floor area to an educational use; (R-2, SBR/ND)

Additional Agenda Items:
A. Information/Communication 

6. 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 88,000 square foot 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)


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.