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Department of Planning & Development
Department of Planning & Development

Zoning Adjustments Board
Agenda

Thursday, January 26, 2017 - 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr. Way, Second Floor
Berkeley (Wheelchair Accessible) 

Zoning Adjustment Board Members:
Igor Tregub (Chairperson), appointed by Mayor Arreguin
Denise Pinkston (Vice Chairperson), appointed by Councilmember Droste
Teresa Clarke, appointed by Councilmember Maio
John Erickson, appointed by Councilmember Davila
John Selawsky, appointed by Councilmember Bartlett
Shoshana O’Keefe, appointed by Councilmember Hahn
Charles Kahn, appointed by Councilmember Wengraf
Brazile Clark, appointed by Councilmember Worthington
Vacant, due to vacant District 4 Council seat

Public Testimony Guidelines
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. The Board Chairperson may limit the number of speakers and the length of time allowed to each speaker. To speak at a public hearing, please submit a speaker card to Planning Staff as early as possible at the meeting.

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 Supplemental Communications and Reports at the end of this Agenda for procedures.

How to Contact Us: Land Use Planning Division, Attn: Shannon Allen, (510) 981-7410, (Zoning Adjustments Board Secretary), 1947 Center Street, Berkeley, CA 94704; zab@cityofberkeley.info.

Preliminary Matters
Roll Call

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, the substance of the communication they must be disclosed to all interested parties in advance of any public hearing or testimony to allow rebuttal. Written ex parte communications must be forwarded to the Secretary so that they can be disclosed to the entire Board and the public.

Public Comment on Non-Agenda Matters
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, without discussion, on Agenda items for which there are no persons present who wish to speak, and no Board members who wish to discuss. The Consent Calendar may include four types of 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 will be postponed to another meeting);
(4) Applications that were withdrawn by the applicant after release of the Agenda; and
(5) Items noticed for public hearing which the Board decides to move to the Consent Calendar.

The Board Chairperson will announce any additional items proposed for the Consent Calendar at approximately 7:05 PM. Anyone present who wishes to speak on these items should raise his or her hand and advise the Chairperson, and the item(s) will be pulled from the Consent Calendar.

1. Approval of Action Minutes from January 12, 2017
Recommendation: APPROVE


2. 840 Page Street – New Public Hearing
Application: Use Permit #ZP2016-0064
to add a third story to an existing three-unit residence on a lot that exceeds density standard for the zoning district.
Zoning: R-1A, Limited Two-Family Residential
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Owner: Troy Martinez and Sara Peschel, 840 Page Street, Berkeley
Applicant: Heather Sanders-Jacob, 580 Second Street, Suite 260, Oakland
Staff Planner: Sharon Gong, sgong@cityofberkeley.info, (510) 981-7429
Recommendation: CONTINUE

Discussion and Comment Items:
Public meeting to solicit input and comments from the Zoning Adjustments Board, the general public and other interested parties. No action will be taken.

3. 2190 Shattuck Avenue – Scoping of Draft Environmental Impact Report
Application: Draft EIR Scoping Session for Use Permit #ZP2016-0117 to redevelop a 19,967 square-foot (0.46-acre) site at the southwest corner of Shattuck Avenue and Allston Way with a proposed 18-story building with 274 residential units above approximately 10,000 square feet of ground floor retail space. Approximately 103 parking spaces would be provided in a two-level subterranean garage accessed from Allston Way.
Zoning: C-DMU Core – Downtown Mixed-Use District, Core Sub-Area
CEQA Determination: An Environmental Impact Report (EIR) is being prepared to evaluate the potentially significant environmental impacts of the proposed project, pursuant to the California Environmental Quality Act. The Notice of Preparation of an EIR was published on January 5, 2017. The public scoping period that began with publication of the Notice of Preparation ends on February 6, 2017; comments on the scope of the EIR are due by 5:00 p.m. on that date.
Applicant: Mill Creek Residential, Don Peterson, 411 Borel Avenue, Suite 405, San Mateo
Owner: PR III Shattuck LLC, 2190 Shattuck Ave., Berkeley
Staff Planner: Leslie Mendez, LMendez@cityofberkeley.info, (510) 981-7426
Recommendation: Hold a Public Hearing to Solicit Comments on the Scope of the Draft EIR


4. 1717 University Avenue – Project
Application: Project Preview for Use Permit 2016-0101
to (1) demolish an existing 3,039 square-foot, one-story commercial building and a 680 square-foot single family dwelling with a detached garage; and (2) construct a 18,408 square-foot, five-story, 57’-8” tall, mixed-use building with 28 dwellings (including 4 Below Market Rate units), 1,863 square feet of commercial floor area (retail floor area or food service with incidental service of beer and wine), and 14 automobile and 36 bicycle parking spaces.
Zoning: C-1, General Commercial (University Avenue Mixed-Use Overlay) and R-2A, Restricted Multiple-Family Residential District
CEQA Determination: An Initial Study is currently being prepared to evaluate the project’s potential environmental impacts prior to making a CEQA determination.
Applicant: Matthew Fialho, 3177 Stanwood Lane, Lafayette
Owner: 1717 University Associates LLC, 3177 Stanwood Lane, Lafayette
Contract Planner: Steven Ross, Steven.Ross@lsa.net, (510) 236-6810
Staff Planner: Immanuel Bereket, IBereket@cityofberkeley.info, (510) 981-7425
Recommendation: Hold a Public Hearing and Provide Advisory Comments

Action Calendar:
The public may comment on each item listed on the agenda for action as the item is taken up. The Board Chairperson may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. Action items may be reordered at the discretion of the Board Chairperson with the consent of Zoning Adjustments Board.

5. 3025 College Avenue – Appeal
Application: Appeal of Decision of Administrative Use Permit #ZP2016-0021
to legalize the construction of a fence on the property line that is 13 feet in height.
Zoning: R-2A – Restricted Multiple-Family Residential
CEQA Determination: Categorically exempt pursuant to Section 15303 of the CEQA Guidelines (“New Construction or Conversion of Small Structures”).
Appellant: Linda Joseph, 2700 Prince Street, Berkeley
Applicant/Owner: Robert Riemer and Sheila Moran, 3025 College Avenue, Berkeley
Staff Planner: Jim Frank, JFrank@cityofberkeley.info, (510) 981-7548
Recommendation: DISMISS APPEAL and APPROVE Administrative Use Permit #2016-0021 pursuant to Section 23B.32.040.

6. 1804 Euclid Avenue – New Public Hearing
Application: Use Permit #ZP2016-0060
to establish a new wireless telecommunications facility operated by Verizon Wireless on the roof of three-story, mixed-use building where one facility already exists.
Zoning: Neighborhood Commercial District (Hillside Overlay) – C-N (H)
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Owner: Moris & Janet Herscowitz, 2115 Shattuck Avenue, Berkeley
Applicant: GTE Mobilnet of California, dba Verizon Wireless, c/o Jenny Blocker, Complete Wireless, 2009 V Street, Sacramento
Contract Planner: Doug Donaldson, dougdonaldson@me.com, (510) 528-3684
Staff Planner: Fatema Crane, fcrane@cityofberkeley.info, (510) 981-7413
Recommendation: APPROVE Use Permit #ZP2016-0060 pursuant to Section 23B.32.040.

7. 1218 Santa Fe Avenue – New Public Hearing
Application: Use Permit #ZP2016-0009
to demolish a single-story, non-residential building and to construct two, detached two-story dwelling units with average building height of 23 ft. - 2 in. in the R-2 district.
Zoning: R-2, Restricted Two-Family Residential
CEQA Determination: Categorically exempt pursuant to Section 15303 of the CEQA Guidelines (“New Construction or Conversion of Small Structures”).
Applicant: Jonathan Owyang, Vestis JV, Inc., 484 Lake Park Ave., Suite 656, Oakland
Staff Planner: Fatema Crane, fcrane@cityofberkeley.info, (510) 981-7413
Recommendation: APPROVE Use Permit #ZP2016-0009 pursuant to Section 23B.32.040.


Communications
All communications submitted to Zoning Adjustments Board are public record and are for information only. Other than referring an item to the Secretary for investigation and/or recommendations, no action may be taken in response any non-agenda communication.

Adjourn

Communications Disclaimer
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.

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 1947 Center Street, Berkeley, during regular business hours.

Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline. All materials will be made available via the Zoning Adjustments Board Agenda page: https://www.cityofberkeley.info/zoningadjustmentboard/
Supplemental Communications and Reports 1 - All Materials submitted between noon the Thursday the week before the meeting and noon Tuesday the week of the meeting, will be made available by 5:00 p.m. on Tuesday the week of the meeting.
Supplemental Communications and Reports 2 - All Materials submitted after noon on Tuesday the week of the meeting and before noon on Thursday the day of the meeting, will be made available at noon that Thursday. Any correspondence received after this deadline will be given to the Zoning Adjustment Board just prior to the meeting.
• Members of the public may submit written comments themselves at the meeting. To distribute correspondence at the meeting, please provide 15 copies and submit to the Zoning Adjustments Board Clerk. Correspondence received later, and after the meeting, will be posted to the web site following the meeting.
Please Note: You are strongly advised to submit written comments prior to noon Thursday, the meeting date, as Board members do not have an opportunity to read written materials handed out at the meeting.

Notice of Decision Requests
Written comments or a request for a Notice of Decision should be directed to the Zoning Adjustments Board Secretary at zab@cityofberkeley.info.


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.

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Department of Planning & Development, 1947 Center Street, 3rd Floor, Berkeley, CA 94704
Questions or comments? Email: planning@cityofberkeley.info Phone: (510) 981-7400
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
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