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Department of Planning & Development
Department of Planning & Development

Zoning Adjustments Board

Thursday, June 8, 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, appointed by Councilmember Droste
Teresa Clarke, appointed by Councilmember Maio
Patrick Sheahan, 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
Carrie Olson, appointed by Councilmember Harrison

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: Greg Powell, (510) 981-7410, (Zoning Adjustments Board Secretary), 1947 Center Street, Berkeley, CA 94704;

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 May 25, 2017
Recommendation: APPROVE

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.

2. 3031 Adeline Street – Preview
Application: Pre-application Project Preview #PLN2014-0048 for a project that would: (1) demolish an existing approximately 1,000 square foot, one-story, commercial structure; and (2) construct a 42,348 square foot, five-story, 57 foot tall, mixed use building with 42 residential units, 4,324 square feet ground floor commercial space (general retail and/or food service), 38 automobile and 21 bicycle parking spaces.
Zoning: C-SA – Commercial, South Area
CEQA Determination: To be determined
Applicant: Moshe Dinar, P.O. Box 70601, Oakland
Owner: Maxaco-LLC, 2550 Appian Way, Suite 201, Pinole
Staff Planner: Immanuel Bereket,, (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.

3. 50 Northgate Avenue – Appeal
Application: Appeal of Zoning Officer’s Decision to approve Administrative Use Permit #ZP2016-0184 that would 1) convert 505 square feet of the first floor within the existing single-family residence to create a new accessory dwelling unit (ADU), and 2) create a lower level storage area that is approximately 70 square feet that would expand the existing single-family residence from three stories to four. 
Zoning: R-1(H) – Single Family Residential, Hillside Overlay District
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).
Applicant: Robert Cheatham, 50 Northgate Avenue, Berkeley
Owner: Tivo and Anne Rojas-Cheatham, 50 Northgate Avenue, Berkeley
Appellant: Mike Wetzel, 70 Northgate Avenue, Berkeley
Staff Planner: Charles Enchill,, (510) 981-7431
Recommendation: DISMISS APPEAL and APPROVE ZP2016-0184 pursuant to Section 23B.32.040.

4. 2525 Hill Court – Appeal
Application: Appeal of Zoning Officer’s Decision to approve Administrative Use Permit #ZP2016-0210 to alter a portion of the existing 1,414 square-foot, 2-story, single-family residence that is within a non-conforming rear yard setback, to replace and enlarge an existing, second floor, approximately 24 square-foot balcony that is approximately 8’ from the rear property line with a new 95 square-foot balcony with a railing height above grade of 13’6” that would be 4’ from the rear property line, where 10’4” is required.
Zoning: R-1(H) – Single Family Residential, Hillside Overlay District
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”)
Applicant: Nagisa Yano (Yamamar Design), 619 7th Street, San Francisco
Owner: Andrew and Judith Standley, 2525 Hill Court, Berkeley
Appellant: Kevin and Barbara Galvin, 2545 Cedar Street, Berkeley
Staff Planner: Lucy Sundelson,, (510) 981-7433
Recommendation: DISMISS APPEAL and APPROVE ZP2016-0210 pursuant to Section 23B.32.040.

5. 2440 Sacramento Street – New Public Hearing
Application: Use Permit ZP#2016-0089 to sell beer and wine for off-site consumption at an existing 1,172 square foot food products store, with hours of operation from 9:00 a.m. to 9:30 p.m. Monday through Friday, and 9:00 a.m. to 10:00 p.m. Saturday and Sunday; and permit an indoor Automatic Teller Machine.
Zoning: C-SA – Commercial, South Area
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”)
Applicant: Adel Gergess, 2440 Sacramento Street, Berkeley
Owner: Johnny Shokouh, P.O. Box 7616, Berkeley
Staff Planner: Sydney Stephenson,, (510) 981-7488
Recommendation: APPROVE ZP2016-0089 pursuant to Section 23B.32.040.

6. 2621 and 2627 Tenth Street – New Public Hearing
Application: Use Permit #ZP2017-0043 to legalize the demolition of two single family dwellings
Zoning: MU-LI – Mixed Use – Light Industrial
CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”)
Applicant/Owner: Christopher Barlow, 2600 Tenth Street, LLC, 1120 Nye Street, Suite 400, San Rafael
Staff Planner: Layal Nawfal,, (510) 981-7424
Recommendation: Direct Staff as deemed appropriate to prepare Findings and Conditions for adoption by the Zoning Adjustments Board.

7. Election of Vice Chair of the Zoning Adjustments Board

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.


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.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 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:
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

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