Zoning Adjustments Board
Thursday, September 27, 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 4:00 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: Terry Blount, AICP, 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 
                      Steven Donaldson, 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 rebuttal.

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 8/23/2012 meeting
                                                 Recommendation: APPROVE

2. 2190 Bancroft Way
Use Permit Modification #12-70000011
to modify Use Permit #A1337 to add 2,260 square feet of floor area to
an existing 3,044 square foot full service restaurant with incidental service of beer and wine and to reduce the
number of required off-street parking spaces from eight to five.
Applicant/Property Owner: Tai Yu, 1801 Oakland Blvd., Suite #320, Walnut Creek, CA 94596
Zoning: C-DMU “Commercial, Downtown Mixed-Use District”; Planner: Claudine Asbagh
                                               Continued From:   None 
                                               Recommendation: APPROVE Use Permit Modification #12-70000011 subject to
                                                                                   Findings and Conditions.

3. 1908 Shattuck Avenue
Use Permit Modification #12-70000010
to modify design for approved 7,402 square foot, 3-story addition to an
existing commercial building at 1906 Shattuck (Use Permit #08-10000067).
Applicant & Property Owner: Steve Tipping, 1906 Shattuck Avenue, Berkeley, CA 94704
Zoning: C-DMU “Commercial, Downtown Mixed-Use District”; Planner: Aaron Sage
                                               Continued From:    None
                                               Recommendation: APPROVE
Use Permit Modification #12-70000010 subject to
                                                                                   Findings and Conditions.

New Hearings:

4. 1770 La Loma Avenue  
Use Permit #12-10000020 to allow the expansion of a lawful non-conforming Group Living Accommodation,
including a 248 square-foot third floor addition, to allow up to seven (7) additional residents with a minimum of 630
square feet of usable open space, and three regulation off-street parking spaces.
Applicant: W. Harold Bexton, AIA, 640 Santana Road, Novato, CA 94945
Property Owner: Fred Koopman Estate, Bill Shine, Trustee, 1956 Lombard Street, San Francisco, CA 94123
Zoning: R-3(H) “Multiple-Family Residential, Hillside Overlay District”; Planner: Jay Claiborne (Contract Planner)
                                             Continued From:    NONE 
                                             Recommendation: APPROVE
Use Permit #12-10000020 subject to Findings and

5. 2500 Hillegass Avenue
Use Permit and Variance #10-10000053
to legalize an existing dwelling and waive usable open space
requirements for this dwelling.
Applicant & Property Owner: Affordable Housing Associates, 1250 Addison Street, Suite G, Berkeley, CA 94702
Zoning: R-3 “Multiple-Family Residential District”; Planner: Greg Powell
                                            Continued From:    None 
                                            Recommendation: APPROVE
Use Permit /Variance #10-10000053 subject to 
                                                                                Findings and Conditions.

Modifications of Use Permits:

6. 740 Heinz Avenue 
Remand of Use Permit Modification #11-70000020 to demolish the entire structure on the site, enlarge the
building footprint to create a new entrance lobby at the southwest corner of the building, expand the 3rd and 4th
floors, delete the 49-car basement parking garage, and revise building elevations.
Applicant: Chris Barlow, Wareham Development, 1120 Nye St., Suite 400, San Rafael, CA 94901
Property Owner: Garr Land & Resource Management, 1120 Nye St., Suite 400, San Rafael, CA 94901
Zoning: MU-LI “Mixed-Use, Light Industrial District”; Planner: Greg Powell
                                           Continued From:    None
                                           Recommendation: APPROVE
Use Permit Modification #11-70000020 subject to
                                                                               Findings and Conditions.

Compliance Determination:

7. 2840-B Sacramento Street
Public hearing to consider recommendation to City Council as to whether the Perfect Plants Patient Group (3PG)
is in violation of: 1) Berkeley Municipal Code (BMC) Chapter 12.26, The Patients Access to Medical Cannabis Act
of 2008; 2) BMC Section 23E.16.070, Medical Cannabis Uses; 3) BMC Section 23A.12.010 and 4) a Public
Nuisance under BMC Section 23B.64.020.
Property Owner: Lian Rui Tan, 5214 Gordon Avenue, El Cerrito, CA 94530
Representatives: Perfect Plants Patients Group, c/o Eric Thomas, 2840-B Sacramento Street, Berkeley, CA 94703
Zoning: C-SA “South Area Commercial District”; Staff Contact: Gregory Daniel
                                         Continued From:    None 
                                         Recommendation: RECOMMEND
that the City Council determine that the property is
                                                                              a public nuisance and order the use enjoined and terminated.

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 Meeting

D. Chairperson’s Report

E. Current Business/Committee Appointment
 Design Review Committee recommendation for landscape architect position

F. Future Agenda Items

G. Other Matters
 Future Council Hearings on ZAB Decisions
                         i. October 16, 2012 – 2329 Grant Street


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. This method is strongly preferred.
• Correspondence received by 4:00 pm the 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. Please be advised: Board members do not have an opportunity to read materials
distributed at the meeting. You are strongly advised to submit written comments prior to the meeting date as
Board members do not have an opportunity to read written materials handed out at 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: Terry Blount, AICP, 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.