Planning and Development Department 
Land Use Planning Division


Zoning Adjustments Board
Thursday, February 11, 2010 -- 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.

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.


Approval of Previous Meeting Minutes


Minutes from 01/28/10 ZAB Meeting




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.


2244 Dwight Way 


Appeal of Administrative Use Permit #09-20000078 to construct a 3-story, 1,661-sq. ft. addition at the rear of an existing 2,668- sq. ft., 2-story duplex
Applicant: Charles Huddleston, 1305 Boulevard Way, Walnut Creek, CA 94595
(Zoning:  R-4, Multi-family Residential; Planner: Fatema Crane)


Continued From:




UPHOLD the Zoning Officer’s decision to approve AUP#09-20000078 as presented in Attachment 1, and dismiss the Appeal.



1319 McGee Avenue 


Appeal of Administrative Use Permit #09-20000012 to construct a three-story, 924 square foot addition with an average height of 23 feet, to an existing two-story 1,015 square foot single family residence with an average height of 13 feet.
Applicant: Jason Kaldis Architect, Inc., 1250 Addison St., #210, Berkeley, CA 94702
(Zoning:  R-2, Restricted Two-Family Residential District; Planner:  Lief Bursell)


Continued From:




SET A PUBLIC HEARING on March 11, 2010 to uphold the Zoning Officer’s decision and revise the findings to address the loss of the hedge as a screening element.



778 Contra Costa Avenue 


Administrative Use Permit #08-20000123 to construct an approximately 1,449-square-foot addition, including a new third story at the front of the existing two-story dwelling, and construct new second and third story decks located at the rear of the dwelling.
Applicant: Laura Elizabeth Gannaway and Kourosh Ghassemi, 778 Contra Costa Ave., Berkeley, CA 94707
(Zoning:  R-1H, Single-Family Residential Hillside Overlay District; Planner: Leslie Mendez)


Continued From:




SET A PUBLIC HEARING on March 11, 2009, to consider additional evidence not available to the Zoning Officer.



Continued Items (Public Hearing has been closed): NONE

Continued Public Hearings:


1421 Second Street 


Use Permit #06-10000045: Performance Review

Owner/Operator/Representative: Christina Chan, 1333 Second Street, Berkeley, CA



Continued From:

January 14, 2010






2312 Telegraph Avenue 


Variance / Use Permit #09-10000039 to establish beer and wine sales in an existing grocery store and delicatessen in a district where these sales are prohibited, and to extend the hours of operation for the store from 7 a. m. to 10 p. m. daily to 7 a. m. to 10 p. m. Sunday through Friday and 7 a. m. to 11 p. m. on Saturdays
Applicant: Fuad and Muna Ayyad for Samer Market, Inc., 2312 Telegraph Avenue, Berkeley

(Zoning:  C-T, Telegraph Avenue Commercial; Planner:  Fatema Crane).


Continued From:

January 28, 2010



1)   DENY the request for a Variance and associated Use Permit to establish the sale of beer and wine in the Telegraph Avenue Commercial district; and


2)   APPROVE that aspect of Use Permit #09-10000039 which will modify Condition #13 of Use Permit 07-10000026 to extend the operating hours for the existing store beyond those hours previously established in the Use Permit.




New Hearings:  


        2506 Durant Avenue 


Use Permit #09-10000098 to exceed the quota for Barber/Beauty Shops in a 715 square foot retail tenant space.
Applicant: Alan D. Batt, dba Amplify Barber Shop, 35 Barbara Rd., Orinda, CA 94563
(Zoning:  C-T – Telegraph Area Commercial; Planner: Lief Bursell)



Continued From:





8.          2640 Telegraph Avenue 

Use Permit #09-1000103 to demolish an existing two-story, 2,500 sq. ft. medical office building and construct a new, two-story, 4,408 sq. ft. medical office building and Variance #10-10000010 to provide five off-street parking spaces where 15 are required.
Applicant: Kava Massih Architects, 2830 Ninth Street, Berkeley, CA 94710
(Zoning: C-1, General Commercial; Planner:  Nathan Dahl)

                                                          Continued From:                NONE

                                                          Recommendation:             APPROVE 

9.         1812 Chestnut Street 

Use Permit #09-10000078 to alter and raise a portion of the roof line on a duplex within a non-conforming rear yard setback at a property that exceeds the maximum residential density and lot coverage standards for the district.

Applicant:  Jose Vilar, 1812 Chestnut Street, Berkeley, CA

(Zoning:  R-2, Restricted Two-family Residential District; Planner: Fatema Crane)

                                                 Continued From:                NONE

                                                Recommendation:             APPROVE 

10.       1950 Shattuck Avenue 

Use Permit #09-10000083 to convert an existing retail building with 5,230  square feet  (formerly Radston’s Stationery) into two or three tenant spaces, allow full or quick service restaurants with incidental beer and wine, and extending hours of operation in three spaces, and waive 7 required parking spaces.

Applicant: Heidi Miller, P.O. Box 1267, Orinda, CA 94563

(Zoning District: C-1, General Commercial; Planners: Shawna Brekke-Read/Aaron Sage)

                                                            Continued From:                NONE

                                                            Recommendation:             APPROVE

11.  2146 Center Street 

Use Permit #09-10000082 to establish beer and wine retail sales, to establish beer and wine service incidental to food service, and to install an Automatic Teller Machine (ATM) at an existing quick service restaurant and convenience store open 6 am to midnight daily.
Applicant: Roy Nowrouzi, 2146 Center Street, Berkeley, CA 94704   
(Zoning:  C-2, Central Commercial; Planner:  Leslie Mendez)

                                                           Continued From:                NONE

                                                           Recommendation:                APPROVE                  


 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
·         Upcoming ZAB training sessions – set time and place for training
G.           Adjourn

 Correspondence and Notice of Decision Requests: 
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.  Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record.  If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee.  If you do not want your contact information included in the public record, please do not include that information in your communication.  Please contact the secretary to the relevant board, commission or committee for further information.

The Secretary of the commission is responsible for relaying all communications from the public to the members of the commission.  The Secretary’s contact information is listed below.

·         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.