Translation Disclaimer

Department of Planning & Development
Department of Planning & Development



Zoning Adjustments Board
Thursday, May 22, 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: Sally Zarnowitz, Zoning Adjustments Board Secretary), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7429;

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 Land Use Planning Manager Carol Johnson

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.

1. 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 
                Decision From:    Decision to DENY May 8, 2014 (9-0-0-0)               
                Recommendation: ADOPT findings for denial.

2. 2055 Center Street #D
Use Permit #2014-0006
to add incidental retail sale of wine for off-site consumption at a full service tapas restaurant.
CEQA Determination: Categorically exempt pursuant to Section 15303 of the CEQA Guidelines (“New Construction or Conversions of Small Structures”).
Applicant: Krisin Personett, for Botella Republic,6140 Johnston Dr., Oakland, CA 94611
Owner: CVBAF LLC, 2055 Center Street, Berkeley, CA
Zoning: C – DMU; Downtown Mixed Use District
Planner: Claudine Asbagh, (510) 981-7424 
                Recommendation: APPROVE
Use Permit #2014 - 0006 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions.

3. 524 Grizzly Peak Boulevard
Use Permit #2013-0049 to construct an approximately 32.2-foot tall, 663-square-foot, four-story addition at the rear left (southern) corner of an existing house, which is non-conforming for height (four stories, where three is allowed)
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Applicant/ Property Owner: Mark and Sharon Danks, 524 Grizzly Peak, Berkeley, CA 94708
Zoning: R-1H – Single-Family Residential Hillside Overlay
Planner: Leslie Mendez,, (510) 981-7426  
               Recommendation: APPROVE
Use Permit 2013-0049 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions.  

Public Hearing:

4. 2501-2509 Haste St. & 2433 Telegraph Ave. – El Jardin - CONTINUED
Use Permit #12-10000012 to demolish a 6,950 square foot retail building at 2433 Telegraph Avenue and to construct a 89,054 square foot, 69’/6-story, mixed-use building to include 79 dwelling units, 30,356 square feet of commercial floor area and no off-street parking spaces.
CEQA Action: Pending
Applicant: Kirk Peterson, Kirk E. Peterson & Associates Architects, 5253 College Avenue, Oakland CA 94608
Zoning: C-T, Commercial-Telegraph
Planner: Greg Powell,, (510) 981-7414 
               Continued From:   CONTINUED from 4/24/2014
               Recommendation: HOLD hearing and CONTINUE the matter to June 13, 2014.

5. 2222 Ninth Street - CONTINUED
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: CONTINUED from to May 8, 2014 
                 Recommendation: APPROVE Use Permit # 2014-0008 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions.

6. 1808-1814 University Avenue
Use Permit #UP2013-0043
to demolish 12,033 square-feet of commercial floor area within two buildings, merge two parcels into one, and construct a 33,733 square-foot, 4 story, 50’ tall, mixed use project with 44 residential units, 4,505 square feet of retail floor area or food service (with incidental service of beer & wine), and 19 parking spaces.
CEQA Determination: Categorically exempt pursuant to Section 15332 of the CEQA Guidelines (“In-fill Development Projects”) and is not subject to any exception noted in 15300.2.
Applicant: Rhoades Planning Group, 1611 Telegraph Avenue, Oakland 94712
Property Owner: 1812 University LLC, 2201 Blake Street, Berkeley 94704
Zoning: C-1, General Commercial
Planner: Greg Powell, ,(510) 981-7414 
               Recommendation: APPROVE
#UP2013-0043 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions.

7. Approval of Previous Action Minutes 
        Minutes from 05/08/2014 meeting. 
                      Continued From: None
                      Recommendation: APPROVE


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: Sally Zarnowitz), 2120 Milvia Street, Berkeley, CA 94704; (510) 981-7429;

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