Zoning Adjustments Board
Thursday, March 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:       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
                           Vacant, 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 meeting.



Approval of Previous Meeting Minutes       


Minutes from 02/28/2013 meeting





Continued Public Hearings:



 2024 Durant Avenue 


Use Permit #12-10000017 to demolish a church and construct an six-story, 786-unit, apartment building with a mix of one, two, and three bedroom units and basement level parking with 34 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 pursuant to Section 23B.32.040 and subject to the Findings and Conditions.


New Public Hearings:


 1431 Curtis Street 


Appeal of Administrative Use Permit #12-20000116 to install an unenclosed hot tub in the rear yard.
Applicant: Andrea Sessa, Sessa & Wadlund Design Studio, 4134 Woodruff Ave., Oakland, CA 94602
Property Owner: Martin Phillips, 1431 Curtis St., Berkeley, CA 94702
Appellant: Andrew Cohn/Katherine Stewart, 1434 Neilson St., Berkeley, CA 94702 and Bruce Trestrail/Lynne Ann Trestrail, 1432 Neilson St., Berkeley, CA 94702
Zoning: R-2, "Single-Family Residential"; Planner: Pamela Johnson


Continued From:




AFFIRM the Zoning Officer's approval of Administrative Use Permit #12-20000116  subject to the Findings and Conditions and DISMISS the appeal.



 937 Carleton Street 


Use Permit #12-10000056 to establish a 1,385 square-foot quick-service restaurant with incidental alcoholic beverage service for on-site consumption and a 15 square-foot incidental retail space to allow the retail sales of goods manufactured on-site within an existing 14,072 square-foot manufacturing space.
Applicant: Alex Wallash, The Rare Barrel, LLC, 216 Amherst Ave., San Mateo, CA 94402
Property Owner: Willig Investment Company, 1465 Southdown Rd., Hillsborough, CA 94010
Zoning: MU-LI, "Mixed-Use Light Industrial District"; Planner: Claudine Asbagh


Continued From:




APPROVE Use Permit #12-10000056 pursuant to Section 23B.32.040 and subject to the Findings and Conditions. 


 2201 Dwight Way 


Consideration of Draft Environmental Impact Report for Use Permit #12-10000021 to demolish an existing one-story office building and construct a 5-story apartment building with either 80 or 81 units.
Applicant: Randall Miller, 2201 Dwight Way, LLC, 2201 Dwight Way, Berkeley, CA 94704
Property Owner: Anthony Levandowski, 2917 Ashby Avenue, Berkeley, CA 94705
Zoning: R-S, "Residential Southside District"; Planner: Aaron Sage


Continued From:






Appeals 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.


 1870 Thousand Oaks Boulevard


Appeal of Administrative Use Permit #12-20000155 to install an unenclosed hot tub in the rear yard area.
Applicant: Robert Trachtenberg, 931 Pardee St., Berkeley, CA  94710
Property Owner: Colin Cooper, 1870 Thousand Oaks Blvd., Berkeley, CA 94707
Appellant: Bob Hink, 686 San Fernando Ave., Berkeley, CA  94707Zoning: R-1(H), "Single-Family Residential, Hillside Overlay"; Planner: Leslie Mendez


Continued From:




AFFIRM the Zoning Officer's approval of Administrative Use Permit #12-20000155  subject to the Findings and Conditions and DISMISS the appeal.



 139 Alvarado Road  


Appeal of Administrative Use Permit #11-20000128 to construct a 400 sq. ft. accessory building containing habitable space and to install a self contained, unenclosed hot tub on a terrace within the rear yard.
Applicant: Robert Pennell, Jarvis Architects, 5278 College Ave., Oakland, CA 94618
Property Owner: Shaudi and Sean Fulp, 139 Alvarado Rd., Berkeley, CA 94705
Appellant: Robert and Nicole Wrubel, et. al., 145 Alvarado Rd., Berkeley, CA 94705
Zoning: R-1(H), "Single-Family Residential, Hillside Overlay"; Planner: Pamela Johnson


Continued From:




AFFIRM the Zoning Officer's approval of Administrative Use Permit #11-20000128 subject to the Findings and Conditions and DISMISS the appeal.


Preview of Upcoming Projects:


2211 Harold Way        


Use Permit #13-10000010 to demolish "Postal Annex" building at corner of Allston and Harold Ways and a 1926 addition to the Hotel Shattuck fronting on Kittredge St. and Harold Way, and construct a Mixed Use Development with 355 rental dwelling units, 13,885 square feet of ground-floor commercial space, and a 308-space underground parking garage.
Applicant: Rhoades Planning Group, 505 17th St., 2nd Floor, Oakland, CA 94612
Property Owner: HSR Berkeley Investments, LLC, 11100 Santa Monica Blvd., Suite 880, Los Angeles, CA 90025Zoning: C-DMU, "Downtown Mixed Use District, Core Sub-Area"; Planner: Aaron Sage


Continued From:




NO ACTION REQUIRED - this is a "preview" to solicit ZAB and community input on the project.



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. Business Item
  4. Chairperson's Report
  5. Current Business/Committee Appointment
  6. Future Agenda Items
  7. Other Matters
    • Future Council Hearings on ZAB Decisions
      1. 245 Tunnel Road, 3/19/1300
      2. 1214 Glen Avenue, 3/26/2013
      3. 1488 Keoncrest Drive, 3/26/2013
      4. 2133 University Avenue (Acheson Commons), 3/26/2013
      5. 1152 Amador Avenue, 5/7/2013
      6. 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.