Zoning Adjustments Board
Thursday, May 9, 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, appointed by Mayor Bates
                George Williams, appointed by Councilmember Capitelli 
                Robert Allen, appointed by Councilmember Wengraf
                Shoshana O’Keefe, appointed by Councilmember Anderson
                Sophie Hahn, appointed by Councilmember Worthington
                Steven Donaldson, appointed by Councilmember Moore
                Prakash Pinto, 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.

1. Approval of Previous Meeting Minutes 
     Minutes from 04/25/2013 meeting
                                                   Recommendation: APPROVE

New Public Hearings:

2. 2830 Ninth Street
Use Permit #12-10000045
to demolish a single family dwelling and establish a parking lot.
Applicant: Kava Massih, 920 Grayson Street, Berkeley, CA 94710
Property Owner: Berkeley Bowl Produce, Inc., 920 Heinz Avenue, Berkeley, CA 94710
Zoning: MUR, “Mixed Use Residential District”; Planner: Pamela Johnson
                                                  Continued From:   None 
                                                  Recommendation: APPROVE
Use Permit #12-10000045 pursuant to Section 
                                                                                      23B.32.040 and subject to the attached Findings and

3. 2454-64 Telegraph Avenue  
Use Permit #12-10000030 to add a full-service restaurant, with the incidental service of beer, wine and distilled spirits, with incidental live entertainment, exterior seating, and a coffee counter with a take-out window, to the existing retail use, and to expand the floor area by 128 SF to 9,529 SF. Hours of operation would be Monday to Saturday 11:00 am to 2:00 am and Sunday 11:00 am to 11:00 pm.
Applicant: Avila Design, 2471 Shattuck Avenue, Berkeley, CA 94704
Property Owner: Ken Sarachan, 2401 Shattuck Avenue, Berkeley, CA 94704
Zoning: C-T, “Telegraph Avenue Commercial”; Planner: Greg Powell
                                                   Continued From:   4/11/2013
                                                   Recommendation: APPROVE
Use Permit #12-10000030 pursuant to Section
                                                                                       23B.32.040 and subject to the attached Findings and 

Remand of Use Permits:

4. 2133 University Avenue
Use Permit #10-10000078
to allow 205 new dwelling units, the conversion of 16,824 square feet of office use to residential, and the reuse of approximately 30,000 square feet of existing commercial space (approximately 8,000 square feet of food service use and 22,000 square feet of retail use) and the relocation or demolition of the residential structures on Walnut Street at 1979-1987 Shattuck Avenue, 2101-2113 University Avenue, 2125-2145 University Avenue and 1922 & 1930 Walnut Street.
Applicant: Equity Residential, 26970 Aliso Viejo Parkway #250, Aliso Viejo, CA
Zoning: C-DMU, “Commercial, Downtown Mixed Use District”; Planner: Greg Powell
                                               Continued From:    None
                                               Recommendation: APPROVE
Use Permit #10-10000078 pursuant to BMC 
                                                                                   Section 23B.32.040 and subject to the attached Findings
                                                                                   and Conditions.

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 Item
       Election of Officer (Vice Chairperson)
D. Chairperson’s Report
E. Current Business/Committee Appointment
       Reappointment to Design Review Committee--Adam Woltag
F. Future Agenda Items
G. Other Matters
       Future Council Hearings on ZAB Decisions 
           i. 1152 Amador Avenue, 5/7/2013
          ii. 2401 Telegraph Avenue, 5/21/2013 
         iii. 2433 Martin Luther King, Jr Way, 6/11/2013
         iv. 2024 Durant Avenue, 6/25/2013
          v. 2360 Telegraph Avenue, 6/25/2013


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 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.