Zoning Adjustments Board
Thursday, February 14, 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 01/24/2013 meeting
                                                  Recommendation: APPROVE

Continued Public Hearing:

2. 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 Road, Suite 200, Loomis, CA 95650
    Property Owner: Jayantilal Kapadia, 2020 San Pablo Avenue, Berkeley, CA 94702
    Zoning: C-W, “West Berkeley Commercial”; Planner: Aaron Sage
                                               Continued From:    1/24/2013
                                               Recommendation: APPROVE
Use Permit #12-10000041 subject to the Findings
                                                                                    and Conditions.

New Hearings:

3. 2433 Martin Luther King Jr. Way    
    Use Permit #11-10000010
to construct two dwellings within a two-story, 1552 square foot building on a 5,200
    square foot parcel with an existing one-story, 1,064 square foot, single-family residence.
    Applicant: Minxi Liu, 812 Fifth Avenue, Suite D, Oakland, CA
    Property Owner: Thanh Thai, 2433 Martin Luther King, Jr Way, Berkeley, CA
    Zoning: R-3, “Multiple Family Residential”; Planner: Greg Powell
                                              Continued From:    None
                                              Recommendation: APPROVE
Use Permit #11-10000010 subject to the Findings
                                                                                  and Conditions.

4. 969 Cragmont Avenue 
    Use Permit #12-10000052
to construct a two-story, 1,937 square foot, single family dwelling on an existing 6,360
    square foot parcel with a reduced front yard setback of four inches where 20 feet is required.
    Applicant: Ian Ream, IFR Design Studio, 1140 Carleton Street, Berkeley, CA 94702
    Property Owner: Heather and Faris Natour, 713 Essex Way, #102, Berkeley, CA 94710
R-1H, “Single-Family Residential, Hillside Overlay District”; Planner: Claudine Asbagh
                                            Continued From:    None 
                                            Recommendation: APPROVE
Use Permit #12-10000052 subject to the Findings
                                                                                and Conditions.

Appeal of Administrative Use Permit:
Appeals of Administrative Use Permit applications are not subject to public hearing. The Board may set the matter
for public hearing, or affirm the Zoning Officer’s decision.

5. 2905 Shattuck Avenue    
    Appeal of Administrative Use Permit #12-20000005 to allow amplified live entertainment incidental to an existing
    720 square-foot art gallery.
    Property Owner: Harold Adler, 2905 Shattuck Avenue, Berkeley, CA 94705
    Appellant: Bernd Crouse and Karla Fornall, Berkeley, CA 94704
    Zoning: C-SA, “South Area Commercial District”; Planner: Claudine Asbagh
                                                      Continued From:    None
                                                      Recommendation: AFFIRM
the Zoning Officer’s decision to approve
                                                                                          Administrative Use Permit #12-20000005 and DISMISS
                                                                                          the Appeal.

6. 1431 Curtis Street
Appeal of Administrative Use Permit #12-20000116 to install an unenclosed hot tub in the rear yard.
Andrea Sessa, Sessa & Wadlund Design Studio, 4134 Woodruff Avenue, Oakland, CA 94602
     Property Owner: Martin Phillips, 1431 Curtis Street, Berkeley, CA 94702
     Appellants: Andrew Cohn/Katherine Stewart, 1434 Neilson Street, Berkeley, CA 94702 and Bruce Trestrail/
     Lynne Ann Trestrail, 1432 Neilson Street, Berkeley, CA 94702
     Zoning: R-2, “Restricted Two Family Residential”; Planner: Pamela Johnson 
                                                      Continued From:    None
                                                      Recommendation: AFFIRM
the Zoning Officer’s decision to approve
                                                                                          Administrative Use Permit #12-20000116 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
 State Density Bonus Law Presentation
C. Business Item
 Election of Officers
D. Chairperson’s Report
E. Current Business/Committee Appointment
F. Future Agenda Items
G. Other Matters
Future Council Hearings on ZAB Decisions
i. 1861 Solano Avenue, 3/5/2013
ii. 245 Tunnel Road, 3/19/2013
iii. 1152 Amador Avenue, 5/7/2013


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 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.