Zoning Adjustments Board
Thursday, April 9, 2009  --  6:00 pm

6:00 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.
Roll Call: 

Public Comment – Non Agenda Items
Each Speaker is limited to a maximum of three minutes.


1. 3001 Telegraph 
 Applicant: Rony Rolnizky, 121 Devonshire Way, San Francisco, 94131Use Permit #08-10000092 to construct a 5-story mixed-use building with 38 dwelling units, 4,039 sq. ft. of ground floor commercial space, and 42 parking spaces, on a vacant 12,181 sq. ft. lot; (C-1, General Commercial; AS)
         Continued From:    NONE
         Recommendation:Open Public Hearing, solicit Board Comments and Recommendations; No Action to be taken

Public Comment– Non Agenda Items 
Each Speaker is limited to a maximum of three minutes.

Ex Parte Disclosure

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.

2. Approval of Previous Meeting Minutes
        Minutes from 03/12/09 ZAB Meeting
        Recommendation: Approve Minutes

3. 2996 Shattuck Avenue

  Applicant: Muthana Ibrahim, MIA Architects, 2960 Camino Diablo, Suite 100, Walnut Creek, CA 94597                                      Use Permit Modification #09-70000003 to construct an additional 112 sq. ft. of floor area to a new, previously approved retail building of 873 sq. ft., for a total of 985 sq. ft., at an existing fueling station; (C-SA, FC)
       Continued From:      NONE
       Recommendation:   Approve

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: 

4. 651 Addison
 Applicant: Hudson-MacDonald, 1600 Shattuck Avenue, Suite #218, Berkeley, CA 94709                                                             Use Permit #07-10000057 to construct a 92,470 square foot, 5-story, mixed-use building to include 94 residential units, 1,100 square feet of general commercial floor area, a 1,484 square foot quick-service restaurant (with incidental sidewalk seating and the service of beer and wine with food) and 102 parking spaces.  (CW - Commercial West Berkeley, GP)
       Continued From:       03/12/2009
       Recommendation:    Approve

Compliance Determination: 

5. 2116 Allston – GAIA Building 
 Review of Conformance with Use Permits # 97-10000093, # 02-70000014 and Discussion of Possible Initiation of Nuisance Proceedings  (C-2, WC)
      Continued From:       08/14/2008, 09/11/2008
      Recommendation:    1) Use Permit Conformance:  Continue for one month to allow negotiations to continue for  resident theatre company; 2) Schedule a public hearing for Nuisance Abatement

New Hearings:
 New hearings cannot occur until after 7:00 pm.

6. 1854-78 Euclid Avenue 
Applicant: The Bay Architects, 1840b Alcatraz Avenue, Berkeley, CA 94703                                                                                     Use Permit #09-10000012 to renovate a building façade, partially demolish and reconfigure existing mezzanine areas, combine two storefronts into one, establish a 2,308-sq. ft. Quick Service Restaurant, and reduce the number of required parking spaces for the change-of-use from one to zero. (C-N, FC)
      Continued From:      NONE
      Recommendation:   Continue Off-Calendar 

7. 841Folger                                                                                                                                                                                                       Applicant: City Of Berkeley Police Department, 2100 MLK Jr.Way, Berkeley, CA 94701
Use Permit #09-10000019 to establish a City of Berkeley Police Department Traffic and Parking Enforcement Units office and parking at 841 Folger Street, and construct a temporary canopy over vehicle parking at 3000 Seventh Street; (MU-LI, GMS)
      Continued From:      NONE
      Recommendation:   Approve 

8. 1110 Parker                                                                                                                                                                                    Applicant: John Newton, 837 Coventry Road, Kensington, CA  94707
Use Permit #08-1000124 to construct a second dwelling unit within an existing single-family house; (C-W, LMM)
      Continued From:     NONE
      Recommendation:  Approve

9. 1116-1132 University                                                                                                                                                                   Applicant: 1122 University Avenue LLC, 470 Arlington Avenue, Berkeley, 94707
 Use Permit Modification #09-70000005 to modify the mixed-use project approved by Use Permit #03-10000078 to 1) allow construction Monday - Friday to begin at 7 AM instead of 8 AM and end by 5 PM instead of 6 PM; 2) to allow construction on Saturday from 9 AM to 4 PM instead of 9 AM to Noon; and 3) to allow extended construction hours for special construction activities for no more than a total of 10 working days, subject to Zoning Officer approval, with 2 weeks advance notice to surrounding residents and businesses. (C-1, GPowell)
      Continued From:     NONE
      Recommendation:  Approve 

10. 840 Delaware
  Applicant: Lynden McLaughlan and Melanie Mac Innis, 840 Delaware Street, Berkeley, CA  94710                                   Variance and Use Permit #08-10000054 for a technical demolition of an existing, approximately 1,040-square-foot, single-story residence and the reconstruction of that residence, requiring variances to exceed the allowed residential density, to exceed lot coverage, to reduce the required usable open space, and to reduce the front yard setback;(R-1A, LMM)
      Continued From:     NONE
      Recommendation:  Deny Variance & Approve Use Permit

Additional Agenda Items:
A. Information/Communication
· Housing Element Update
· Design Review Committee Chair & Vice Chair Election Results
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
· 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:
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.