Zoning Adjustments Board
Thursday, January 24, 2013 – 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 
                  Igor Tregub, 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

1. Approval of Previous Meeting Minutes
    Minutes from 01/10/2013 meeting
                                                 Recommendation: APPROVE

2. 1515 Dwight Way     
     Resolution recommending that the City Council, after hearing, find that 1515 Dwight Way operating as Greenleaf
     Wellness Group is: 1) in violation of Berkeley Municipal Code (BMC) Chapter 12.26; 2) in violation of BMC Section
     23A.12.010; 3) in violation of Health and Safety Code Section 11362.765(a); and 4) a public nuisance under BMC
     Chapter 23B.64 and order the use enjoined and terminated.
                                               Continued From:    1/10/2013
                                               Recommendation: APPROVE

New Hearings:

3. 2004 Emerson Street     
    Use Permit #12-10000016 to modify Administrative Use Permit #00-20000042 to remove three existing Sprint
    antennas and add three new antennas concealed inside a fire rated protection screen enclosure, for a total antenna
    count of three on the upper roof of a three-story apartment building and to remove three existing equipment cabinets 
    and install one new equipment cabinet for a final equipment count of two inside an existing second floor lease space
    for Sprint. 
    Applicant: Sam Savig, Streamline Engineering for Sprint, 3268 Penryn Rd., Ste. 200, Loomis, CA 95650
    Property Owner: David Arnold, 1360 Lombard St., #105, San Francisco, CA 94109
    Zoning: R-2A “Restricted Multiple Family Residential”; Planner: Pamela Johnson 
                                              Continued From:    None
                                              Recommendation: APPROVE Use Permit #12-10000016 subject to the Findings and

4. 3100 Shattuck Avenue    
    Use Permit #12-10000029
to raise an existing 943 sq. ft. single family dwelling to create a 1,000 sq. ft. ground
    floor retail commercial space and a 1,000 sq. ft. residential unit above.
   Applicant: Gabriela Durand, 3100 Shattuck Ave., Berkeley, CA 94705
   Property Owner: Gloria Urbina deDurand, 3100 Shattuck Ave., Berkeley, CA 94705
   Zoning: C-SA “South Area Commercial District”; Planner: Pamela Johnson 
                                             Continued From:    None 
                                             Recommendation: APPROVE
Use Permit #12-10000029 subject to the Findings and

5.2317 Channing Way    
    Use Permit #12-10000036 to change use on second floor from medical office to residential.
    Applicant: Cari R. Jelen, Drafting Café, 304 12th St., Oakland, CA 94607
    Property Owner: Dennis Ouye, c/o LDL Designs, 2317 Channing Way, Berkeley, CA 94704
    Zoning: R-S “Residential Southside District”; Planner: Greg Powell
                                           Continued From:    None
                                           Recommendation: APPROVE
Use Permit #12-10000036 subject to the Findings and

6. 2024 Durant Avenue 
    Use Permit #12-10000017 to demolish a church and construct an eight-story, 96-unit, apartment building with a
    mix of one, two, and three bedroom units and basement level parking with 36 parking spaces.
    Applicant/Architect: Dave Johnson, Johnson Lyman Architects, 1375 Locust St., #202, Walnut Creek, CA 94596
    Developer: Bill Schrader, The Austin Group LLC, 164 Oak Rd., Alamo, CA 94507
    Property Owner (2024 Durant): Presbytery of San Francisco, 2024 Durant Ave., Berkeley, CA 94704
    Property Owner (2025 Channing): Tu Casa Properties, Inc., 2140 Santa Cruz Ave., B204, Menlo Park, CA 94025
    Zoning: C-DMU “Downtown Mixed-Use District Buffer”; Planner: Leslie Mendez
                                         Continued From:    None
                                         Recommendation: CONTINUE
to February 14, 2013.

7. 2000 San Pablo Avenue
     Use Permit #12-10000041 to allow a retail convenience market with (1) 24-hour operations, (2) a conversion
     (change of interior lease spaces) greater than 5,000 sq. ft., and (3) an indoor Automatic Teller Machine (ATM). No
     alcoholic beverage sales are proposed.
     Applicant: Katy Schardt, 3262 Penryn Rd., Suite 200, Loomis, CA 95650
     Property Owner: Jayantilal Kapadia, 2020 San Pablo Ave., Berkeley, CA 94702
     Zoning: C-W “West Berkeley Commercial”; Planner: Aaron Sage 
                                        Continued From: None 
                                        Recommendation: CONTINUE
to February 14, 2013.

Appeal of Administrative Use Permit:
Appeals of Administrative Use Permit 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 decision.

8. 2401 Telegraph Avenue     
of the Zoning Officer’s decision to approve Administrative Use Permit #12-20000089 to establish a carry
    out food service establishment with a take-out window within an existing retail use.
    Applicant: Avilla Design, 2471 Shattuck Ave., Berkeley, CA 94704
    Property Owner: Ken Sarachen, 2509 Haste St., Berkeley, CA 94704
    Appellant: Gus Shamieh, 2375 Telegraph Ave, Berkeley, CA 94704
    Zoning: C-T “Telegraph Avenue Commercial”; Planner: Claudine Asbagh
                                     Continued From: None
                                     Recommendation: AFFIRM
the Zoning Officer’s decision to approve Administrative Use Permit
                                                                     #12-20000089 and DISMISS the Appeal.

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

A. Information/Communication
B. Discussion Item
2013 Meeting Schedule
C. Business Meeting
D. Chairperson’s Report
E. Current Business/Committee Appointment
F. Future Agenda Items
G. Other Matters
 Future Council Hearings on ZAB Decisions
               i. 740 Heinz Avenue, 1/22/2013 
              ii. 1214 Glen Avenue, 2/5/2013
             iii. 1488 Keoncrest Drive, 2/5/2013
             iv. 245 Tunnel Road, 3/19/2013


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
• 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
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.