Zoning Adjustments Board
Thursday, July 14, 2011 – 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr. Way, Second Floor
Berkeley, CA  94704 (Wheelchair Accessible)

Public Testimony Guidelines
The Board Chairperson 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 agenda 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 e-mail in advance of the meeting.  See
Correspondence and Notice of Decision Requests at the end of this Agenda for procedures.

How to Contact Us:  Land Use Planning Division (Attn: Steven Buckley, ZAB Secretary), 2120 Milvia Street, Berkeley,
CA 94704; (510) 981-7410;

Roll Call: 
  George Williams (Chairperson), appointed by Councilmember Capitelli
  Michael Alvarez Cohen (Vice-Chairperson), appointed by Councilmember Wozniak
  Robert Allen, appointed by Councilmember Wengraf
  Elisa Mikiten, appointed by Councilmember Maio
  Toya Groves, appointed by Councilmember Anderson
  Sophie Hahn, appointed by Councilmember Worthington
  Edward Kopelson, appointed by Councilmember Moore
  Deborah Matthews, appointed by Mayor Bates
  Sara Shumer, appointed by Councilmember Arreguin
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. 

Agenda Changes
The Board Chairperson 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 pm.  The Board may place additional Agenda 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 06/09/11 meeting
                                         Recommendation APPROVE

Abatement Hearing:

2. 2133 Parker Street    
    Abatement Hearing – Pursuant to 23B.64.030 of the Zoning Ordinance.  The Zoning Adjustments Board
    initiated Abatement Proceedings to Review:  1) the recent construction to increase the number of bedrooms; 
    and 2) the intended use of the building to determine if it would be used by Households or as a Group Living
    Owner: Ali Eslami, P.O. Box 4623, Berkeley, CA 94794
    (Zoning: R-2A, Restricted Multiple-Family Residential District; Planner: Greg Powell)
                                        Continued From:  5/12/11
                                      Recommendation: DISCONTINUE Abatement Proceedings and recommend that the
                                                                           Planning Commission consider revising the Zoning Ordinance to
                                                                           regulate the number of bedrooms allowed per dwelling unit.

New Public Hearings

3. 2117 Acton Street
    Use Permit #11-10000023 to approve a child care center at an existing church classroom and office facility.
    Applicant: Berkeley Rose School, 1442 A Walnut St., #395, Berkeley, CA 94709
    Property Owner: Berkeley Chinese Community Church, 2117 Acton Street, Berkeley, CA 94702
    (Zoning: R-2, Restricted Two-Family Residential District; Planner: Doug Donaldson, Greg Powell)
                                       Continued From: NONE
                                    Recommendation: APPROVE
Use Permit #11-10000023 pursuant to Findings &

4. 2700 Bancroft Avenue
    Use Permit #11-10000020 to modify conditions of an existing Use Permit, add incidental service of distilled
    spirits to an existing full-service restaurant with incidental sale of beer and wine, extend the hours of operation,
    and expand the customer service area for an existing legal, non-conforming use.
    Applicant: Stradavarius, 2300 College Avenue, Berkeley, CA
    Property Owner: Westminster House, 2700 Bancroft Way, Berkeley, CA
    (Zoning: R-4H,Hillside Multi-Family Residential District; Planner: Shawna Brekke-Read / Greg Powell)
                                          Continued From: NONE
                                      Recommendation:  APPROVE
Use Permit #11-10000020  pursuant to Findings
                                                                           and Conditions

5. 35 Rock Lane
     Variance #11-10000025 to construct a one-story addition of approximately 403 sq. ft. to a single-family
     residence with 1,617 sq. ft. of existing lot coverage, on a 4,899 sq. ft. lot, thereby exceeding the allowable
     maximum lot coverage of 40%.
     Applicant: Phillip Moss, 912 Santa Fe Avenue, Albany, CA 94706
     Property Owner: James and Heidi Meyer, 35 Rock Lane, Berkeley, CA 94708
     (Zoning: R-1(H) – Single-Family Residential, Hillside District; Planner: Steven Buckley)
                                         Continued From: NONE
                                     Recommendation:  DENY
the Variance pursuant to Section 23B.44.030 and subject
                                                                          to Findings

New Public Hearings(Continued from previous page):

6. 2020 Shattuck Avenue
    UP #11-10000011 to add incidental service of beer, wine and distilled spirits at a full service restaurant that
    has incidental live entertainment and outdoor seating. 
    Applicant/Owner: John Paluska / Es Verdad, LLC, 404 W.Blithedale Ave., Mill Valley, CA 94941  
    (Zoning: R C-2, Central Commercial District (Special – Downtown Arts District); Planner: Claudine Asbagh)
                                        Continued From: NONE
                                    Recommendation    APPROVE
Use Permit #11-10000011 subject to the attached
                                                                          Findings and Conditions

Termination and Revocation Hearing:

7. 1491 San Pablo Avenue
    Termination of alcoholic beverage sales use pursuant to BMC Section 23C.04.030, and Initiating Revocation
     Proceedings for Use Permit #B0049 and Zoning Permit #7197 pursuant to BMC Section 23B.60.030.
     Owner: Hi S. and San J. Dong, 1565 La Vereda Road, Berkeley, CA  94708
     (Zoning: C-W, West Berkeley Commercial; Planner: Steven Buckley)
                                        Continued From: NONE
                                    Recommendation: - ADOPT
Resolution 11-01 declaring the non-conforming alcoholic
                                                                         beverage sales use terminated, and
                                                                        - ADOPT Resolution 11-02 initiating revocation of Use Permits #B0049
                                                                          and #A2068, and Zoning Permit #7197

Additional Agenda Items:
The following agenda items may be discussed, but no action may be taken unless a specific item is listed on
this agenda.

A. Information / Communication

B. Business Meeting

C. Chairperson’s Report

D. Current Business / Committee Appointment

E. Future Agenda Items

F. Other Matters


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.
• 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
or if in color or photographic format.
• Correspondence received by 5:00 pm on Tuesday before the meeting will be posted on the ZAB web site for review
by the Board and public prior to the meeting. Correspondence received later, and after the meeting, will be posted to
the web site following the meeting.
• Any correspondence received after this deadline will be given to Board members on the meeting date just prior to the
• 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 Clerk of the Zoning Adjustments Board 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: Steven Buckley, ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704 OR at

  clip_image001.jpgAccessibility Information / ADA Disclaimer
This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to
participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at
981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date.  Please refrain from wearing
scented products to this meeting.

SB 343 Disclaimer
Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made
available for public inspection at the Permit Service Center, Planning and Development Department located at 2120
Milvia Street, Berkeley, during regular business hours.

Notice Concerning Your Legal Rights
If you object to a decision by the Zoning Adjustments Board regarding a land use permit project, the following r
equirements and restrictions apply:

1. If you challenge the decision of the City in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Adjustments
Board at, or prior to, the public hearing.
2. 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 Land Use Planning Division in writing of your desire to
receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit
challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit,
variance or other permit 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).  Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest
period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final
action by the City, and that any challenge must be filed within this 90-day period.
5. 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
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.