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Department of Planning & Development
Department of Planning & Development


Zoning Adjustments Board
Thursday, May 8, 2014 – 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr. Way, Second Floor
Berkeley (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, you may 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: Aaron Sage, Zoning Adjustments Board Secretary), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7425;

Preliminary Matters:

Roll Call: Michael Alvarez Cohen (Chairperson), appointed by Councilmember Wozniak
                Denise Pinkston, 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, 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.

Preliminary Matters:

Staff Announcements 
       • Introduction of new ZAB appointee Denise Pinkston
       •Introduction of next Acting ZAB Secretary Sally Zarnowitz 
       • Hiring of Land Use Planning Manager Carol Johnson
       • Update on ZAB requests from last meeting (density bonus, 2501 Haste, policy referrals)

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) or withdrawn by the applicant; and (4) 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.

Action Calendar:

1. 1517 Harmon Street  
Use Permit Modification #2014-0004 to add a wood privacy screen approximately 20 feet in height to the south (front) wall of an existing, recently constructed, two-story, single-family dwelling at the rear of the property
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Applicant/Owner: Tommy Casey, REO Homes, LLC, 3294 Louise Street, Oakland, CA 94608
Zoning: Zoning: R-2A – Restricted Multiple-Family Residential
Planner: Aaron Sage,, (510) 981-7425 
               Continued From:    None
               Recommendation: APPROVE

2. 85 Parnassus Road  
Appeal of Use Permit #12-20000158 to convert an existing accessory structure (containing habitable space) into an accessory dwelling unit located 5 feet from the rear lot line where 20 feet is required, with required off-street parking (one space) located in the required rear yard.
CEQA Determination: Categorically exempt pursuant to Section 15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines.
Applicant / Owner: Ed and Mona Nichols 85 Parnassus Rd., Berkeley, CA 94708
Appellant: Rena Rickles for Russell Barnett and Jennifer Chatman, 10 E Parnassus Ct. Berkeley, CA 94708
Zoning: R-1H – Single Family Residential, Hillside
Planner: Claudine M. Asbagh,, (510) 981-7424
                Continued From:    None 
                Recommendation: AFFIRM
Zoning Officer’s decision to approve AUP, and DISMISS the appeals.

3. 2271 Shattuck Avenue
Use Permit #2013-0054 to allow alcoholic beverage service at a cocktail lounge with incidental amplified live entertainment.
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Applicant / Property Owner: Brian Sheehy, Brick Hat, LLC 561 Geary Street, San Francisco, CA 94102
Developer: Brick Hat, LLC c/o Rhoades Planning Group 1611 Telegraph Avenue Suite 200 Oakland, CA 94612
Zoning: C-DMU Outer Core – Commercial Downtown Mixed-Use
Planner: Jordan Harrison,, (510) 981-7416
               Continued From:    None
               Recommendation: APPROVE

4. 2222 Ninth Street  
Use Permit # 2014-0008 to 1) alter an existing 2,680 sq. ft. un-permitted two-family dwelling by removing 475 sq. ft. and removing the un-permitted second unit and church kitchen, 2) vertically and horizontally extending a non-conforming 15’ front yard setback and vertically and horizontally extending a non-conforming 3’1” side yard setback to enclose the existing porch, and 3) construct a new 1,546 sq. ft. two-story single-family dwelling unit at the rear of the 5,232 sq. ft. parcel.
CEQA Determination: Categorically exempt pursuant to Sections 15301 (“Existing Facilities”), 15303(a) (“New Construction), and 15332 (“Infill Development Projects”) of the CEQA Guidelines.
Applicant: John Newton, 827 Coventry Road, Kensington, CA 94707
Property Owner: Tom Anthony, 5666 Telegraph Ave., Oakland, CA 94609
Zoning: R-1A – Limited Two-Family Residential District
Planners: Derek Farmer,, (510) 302-6297, and Pamela Johnson,, (510) 981-7548
                 Continued From:    None
                 Recommendation: APPROVE

5. Approval of Previous Action Minutes 
        Minutes from 04/24/2014 meeting.
                Continued From:    None 
                Recommendation: APPROVE

6. Appointment of Vice Chair (vacancy left by D. Matthews)


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 2120 Milvia Street, Berkeley, during regular business hours.

Correspondence and Notice of Decision Requests
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 Board 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 at the meeting. To distribute correspondence at the meeting, please provide 15 copies and submit to the Zoning Adjustments Board Clerk. Please be advised: 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 Zoning Adjustments Board Secretary at: Land Use Planning Division (Attn: Aaron Sage), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7425;

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: Phone: (510) 981-7400
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903