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Zoning Adjustments Board
Thursday, February 23, 2012 – 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
                   Deborah Matthews, appointed by Mayor Bates
                   Robert Allen, appointed by Councilmember Wengraf
                   Toya Groves, appointed by Councilmember Anderson
                   Sophie Hahn, appointed by Councilmember Worthington
                   Edward Kopelson, appointed by Councilmember Moore
                   Elisa Mikiten, appointed by Councilmember Maio
                   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

Public Comment
Each Speaker is limited to a maximum of three minutes.

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 11/10/2011 meeting
                                                  Recommendation: APPROVE

2.  Approval of Previous Meeting Minutes 
     Minutes from 01/26/2012 meeting
                                                  Recommendation: APPROVE

Modifications of Use Permits:

3.  3000 Telegraph Avenue
     Use Permit Modification #12-70000001 to replace existing rooftop refrigeration equipment in new location,
     closer to adjacent residential property; includes screen with acoustic panels to achieve compliance with Noise
     Applicant: Eran Dayan of Field Paoli Architects, 150 California Street, 7th floor, San Francisco, 94111
     Property Owner: Beau Butler of Whole Foods Market, 5980 Horton Street, Suite 200, Emeryville, 94608
     Zoning: C-1, General Commercial, and R-2, Restricted Two-Family Residential
     Planner: Aaron Sage
                                                  Continued From: NONE
                                                  Recommendation: APPROVE Use Permit #12-70000001 pursuant to Findings
                                                                                      and Conditions

Continued Public Hearings:

4.  2548-2554 Virginia Avenue
     Use Permit #10-10000065 to legalize existing dwelling unit in portion of rear garage (thereby increasing the
     number of units on the property from 4 to 5), reduce required rear setback from 15 feet to less than 2 feet, and
     allow parking within 10 feet of a window of a building with 3 or more units.
     Applicant:  John Gutierrez, 2550 Ninth Street #202, Berkeley, 94710
     Property Owner:  Hossein Adabi, 50 Panoramic Way, Berkeley, 94704
     Zoning: R-3(H), Multiple-Family Residential, Hillside Overlay
     Planner: Aaron Sage
                                                 Continued From: 01/26/2012
                                                 Recommendation: APPROVE Use Permit #11-10000065 pursuant to Findings and
                                                                                     Conditions, including either Option A or B

New Hearings:

5.  2944 College Avenue
     Use Permit #11-10000034 to (1) legalize a change of use from a Carry Out Food Service Store to a Quick
     Service Restaurant that exceeds the limits of the Elmwood Commercial District on the size and number of such
     restaurants, (2) increase the number of seats to 33, (3) allow incidental service of beer and wine with meals and
     (4) construct restroom for subject restaurant within rear portion of adjacent tenant space at 2946 College
     (maintaining the balance as a separate space)
     Applicant: Charlene Reis, 2944 College Avenue, Berkeley, 94705
     Property Owner: John Gordon, 2091 Rose Street, Berkeley 94709
     Zoning: C-E, Elmwood Commercial
     Planner: Aaron Sage
                                                 Continued From: NONE
                                                 Recommendation: APPROVE Use Permit #11-10000034 pursuant to Findings
                                                                                     and Conditions

Abatement Hearings:

6.  1722 Ninth Street 
      Public Hearing to consider recommendation to City Council as to whether 1722 Ninth Street is: 1) in violation 
      of Use Permit A1931 Under BMC Section 23B.60.020 and should be revoked; and 2) a public nuisance
      Under BMC Section 23B.64.020 and should be conditioned to abate the nuisance
      Property Owner: Roberto & Ramona Alcala, 1722 Ninth Street, Berkeley, CA
      Zoning: R-1A, Limited Two-Family Residential District
      Planner: Steven Buckley
                                                  Continued From: NONE
                                                  Recommendation: 1. CONSIDER the evidence presented in this report and
                                                                                      testimony presented at the public hearing
                                                                                      2. RECOMMEND TO THE CITY COUNCIL that it find that the
                                                                                      property at 1722 Ninth Street is: 1) in violation of Use Permit
                                                                                      A1931 under Berkeley Municipal Code (BMC) Chapter 23B.60,
                                                                                      and order that Use Permit A1931 be revoked; and 2) a public
                                                                                      nuisance under BMC Chapter 23B.64, and impose conditions
                                                                                      to abate the nuisance.

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. Discussion Item

C. Business Item

D. Chairperson’s Report

E. Current Business/Committee Appointment

F. Future Agenda Items

G. 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 the 5:00 pm 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.
• Correspondence received by the 5:00 pm 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 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: 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
requirements 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 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.