Zoning Adjustments Board
Thursday, February 28, 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:       Michael Alvarez Cohen (Chairperson), appointed by Councilmember Wozniak 
                           Deborah Matthews (Vice Chairperson)
, appointed by Mayor Bates  
                           George Williams, appointed by Councilmember Capitelli
                           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

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.



Approval of Previous Meeting Minutes       


Minutes from 02/14/2013 meeting





Continued Public Hearing:


 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: 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:




APPROVE Use Permit #12-10000017 subject to the Findings and Conditions.



New Public Hearings:


1763 Alcatraz Avenue 


Use Permit #12-10000054 to establish an approximately 600 square foot beer and wine bar with incidental on-site brewing.
Applicant / Property Owner: Viet Vu, 1209 Oak St., Apt. 2, San Francisco, CA
Zoning: C-SA, "South Area Commercial District"; Planner: Claudine Asbagh


Continued From:




APPROVE Use Permit #12-10000054  subject to the Findings and Conditions.



 1911 Ninth Street 


Use Permit #12-10000060 to demolish an existing two-story 1,756 sq. ft. single-family home  and to construct three, three-story, single-family homes, totaling 6,182 sq. ft. of total floor area on a 6,505 sq. ft. lot.
Applicant / Property Owner: John Newton, 5666 Telegraph Ave., Oakland CA. 94609
Zoning: R-3, "Multiple-Family Residential District"; Planner: Nathan Dahl


Continued From:




APPROVE Use Permit #12-10000060  subject to the Findings and Conditions.



 457 Kentucky Avenue 


Appeal of Administrative Use Permit #10-20000126 that allowed a fence and a hedge to exceed the six-foot height limit along the rear property line.
Applicant / Property Owner: Richard Ruggieri / Edith Lavin, 457 Kentucky Ave., Berkeley, CA 94707
Appellant: Bruce and Judith Moorad, 460 Vassar Ave., Berkeley, CA 94708
Zoning: R-1(H), "Single-Family Residential, Hillside Overlay"; Planner: Greg Powell


Continued From:




AFFIRM the Zoning Officer's approval of Administrative Use Permit #10-20000126  subject to the Findings and Conditions 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 agenda.

  1. Information/Communication
  2. Discussion Item
  3.  State Density Bonus Law Presentation 
  4. Business Item
  5. Chairperson's Report
  6. Current Business/Committee Appointment
  7. Future Agenda Items
  8. Other Matters
    • Future Council Hearings on ZAB Decisions
      1. 1861 Solano Avenue, 3/5/2013
      2. 245 Tunnel Road, 3/19/1300
      3. 1214 Glen Avenue, 3/26/2013
      4. 1488 Keoncrest Drive, 3/26/2013
      5. 2133 University Avenue (Acheson Commons), 3/26/2013
      6. 1152 Amador Avenue, 5/7/2013
      7. 2401 Telegraph Avenue, 5/21/2013


Correspondence and Notice of Decision Requests

clip_image001.jpg Accessibility 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.

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.