Click here for Agenda in PDF 
Zoning Adjustments Board
September 10, 2009 - 7pm

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.

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 

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 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.



Approval of Previous Meeting Minutes       


Minutes from 08/13/09 meeting 





740 Heinz 

Appellant: Wareham Development

Design Review #09-30000048 - Appeal of Design Review Committee’s final design review approval regarding window  colors.    





DENY APPEAL and UPHOLD Design Review Committee’s conditional approval of window colors

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: NONE


Compliance Determination: NONE


Information Item:


1421 Second Street (Pacific Steel Castings) 

Use Permit #06-10000045 Status update regarding Pacific Steel Castings, including summary of history of the permit/project; current compliance status; a brief    overview of the changes in the operation as reflected by the last three performance reports; and a response to ZAB questions.


Continued From:




Receive information report


New Hearings: 



1537 Ashby Avenue 

Applicant: Robert Allen, 6045 Rockridge Blvd., Oakland, CA  94618

Use Permit #09-10000063 to demolish an existing two-story, approximately 1,516-square-foot single-family house and construct a new two-story, approximately 1,593-square-foot house; (R-2A, LMM)





122 Avenida Drive 

Applicant : Peter David Gilbert, 6077 Contra Costa Road, Oakland, CA 94618

Use Permit Modification #07-70000001 to Use Permit #03-10000035 to eliminate excavation within root zone of adjacent redwood trees by raising building 3 feet and shifting building 1.5 feet to east (R-1H, Single-Family Residential Hillside, AS)





1403 Parker Street 


Applicant: Joanne Koch, 1101 Oxford Street, Berkeley CA 94707

Use Permit #08-10000109 to demolish a 952 square foot, single-family residence and construct a 3,203 square foot, two-story structure with a single-family unit and an accessory dwelling unit; (R-1, GMS)




7.         1655 Solano Avenue 

Applicant: Jeron Chamberlain, 6207 South Walnut St., Suite 100, Loomis CA 95650

Use Permit#09-10000036 to modify an existing building used as a dental clinic by adding
additional floor area of approximately 251 sq. ft., a portion of which will extend into a non-
conforming rear yard adjacent to a residential district, and to reduce the required parking
for this addition from 1 space to zero space; (C-SO, FC)


Additional Agenda Items:

A. Information/Communication

B. Business Meeting

C. Chair’s Report

D. Current Business/Committee Appointment

E. Future Agenda Items

i.    September 24, 2009

ii.    October 22, 2009

F.  Other Matters

i.    9/22/09 - 1911 Russell (Thai Temple)

ii.    9/22/09 - 2525 Telegraph (Landmark designation)

iii.    10/27/09 – 2421 Ninth Street (2nd dwelling unit)

iv.    10/27/09 – 1854-78 Euclid (Conversion and Quick Serve Food Service)

i.      9/22/09 – 2109 MLK Jr. Way (YMCA Teen Center)


G. Adjourn


Correspondence and Notice of Decision Requests

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.