2360 Telegraph Avenue

Transcription

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Attachment 5 - Admin Record
Page 1 of 166
N
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A D J U S T M E N T S
B
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S t a f f
A
R
D
R e p o r t
FOR BOARD ACTION
JANUARY 10, 2013
Use Permit #12-10000037 to establish a Quick Service Restaurant of 4,647
sq. ft. (plus storage), exceeding the C-T District’s limitations on the
number and size of such restaurants, with incidental beer and wine
service and hours of operation until 2 a.m.
I.
Application Basics
A. Land Use Designations:
General Plan: Avenue Commercial
Zoning: C-T, Telegraph Avenue Commercial
B. Zoning Permits Required:
Use Permit to establish a Quick Service Restaurant of 4,647 square feet (plus
storage) exceeding the limits on the number and size of such uses (30
restaurants allowed, 47 existing; 1,500 sq. ft. size limit), under BMC Section
23E.56.040.B
Administrative Use Permit to allow service of beer and wine incidental to food
service, under BMC Section 23E.56.030.A
Use Permit to allow service of beer and wine until 2 a.m., seven days per week
(code otherwise allows 10 p.m., Sunday-Thursday, and 12 midnight, FridaySaturday), under BMC Section 23E.56.050
C. CEQA Determination: Categorically exempt pursuant to Section 15303 of the
CEQA Guidelines (“New Construction or Conversion of Small Structures”).
D. Parties Involved:
Applicant/Architect
Property Owner
Mark Thieme, 77 Solano Square #134, Benicia, CA 94510
Ken Sarachan, 2401 Telegraph Ave., Berkeley, CA 94704
2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474
E-mail: [email protected]
Fax: 510.981.7420
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ZONING ADJUSTMENTS BOARD
2360 TELEGRAPH AVENUE
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January 10, 2013
Figure 1: Vicinity Map
UC Campus
File: G:\LANDUSE\Projects by Address\Telegraph\2360\UP 12-10000037\DOCUMENTS FINALS\ZAB 2013-01-10\2013-0110_ZAB_SR_2360 Telegraph.docx
January 10, 2013
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Figure 2: Floor Plan
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January 10, 2013
Table 1: Land Use Information
Location
Existing Use
Zoning District
General Plan Designation
Subject Property
Subject space: storage
(formerly retail)
Other spaces: food service,
retail
C-T
Avenue Commercial
Surrounding
Properties
North
Retail
C-T
Avenue Commercial
South
Food service, retail
C-T
Avenue Commercial
East
Food service, retail
C-T
Avenue Commercial
West
Parking garage (commercial
uses on ground floor)
C-T
Avenue Commercial
Table 2: Special Characteristics
Characteristic
Applies
to
Project?
Explanation
Alcohol Sales/Service
Yes
Incidental beer and wine service proposed.
Historic Resources
No
Building is not a designated historic resource.
Other than new commercial signage, no exterior
changes are proposed.
Table 3: Project Chronology
Date
Action
September 13, 2012
Application submitted
December 21, 2012
Application deemed complete
December 21, 2012
Design review approval posted
December 24, 2012
Public hearing notices mailed/posted
January 10, 2013
ZAB hearing
February 19, 2013
PSA deadline
II.
Project Setting
A. Neighborhood/Area Description:
The subject property is located on Telegraph Avenue, one block south of the UC
Berkeley campus. This portion of Telegraph is devoted primarily to retail and food
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service uses, with some mixed-use buildings (apartments on the upper floors) and a
bank on the corner of Durant and Telegraph. A public parking garage with groundfloor commercial uses abuts the property to the west.
B. Site Conditions:
The site is developed with a one-story, 7,920-square-foot commercial building with
three tenant spaces. The subject tenant space is the largest space, with a ground
floor area of 4,647 square feet and a storage mezzanine of approximately 1,100
square feet. The space was formerly occupied by a clothing retailer, Wet Seal, and is
currently being used for storage by Rasputin’s, a nearby music store. The other
tenant spaces are occupied by Naan ‘n’ Curry, an Indian restaurant, and Hi Times, a
retail store specializing in pipes and other smoking paraphernalia.
III. Project Description
The proposed project would change the existing retail space to a Quick Service
Restaurant (i.e., a restaurant with on-site customer dining but no table service) with a
seating capacity of approximately 150. The restaurant would serve “salads, gourmet
pizza, and pasta” (according to the applicant statement) and would be operated by Ken
Sarachan, owner of nearby Blondie’s Pizza and Rasputin Records. The restaurant
would also serve beer and wine under a Type 41 Alcoholic Beverage Control (ABC)
license, which allows beer and wine sales for on-site consumption only.
IV. Community Discussion
A. Neighbor/Community Concerns:
None received as of this writing. Any communications received prior to the hearing
will be forwarded to the ZAB at the hearing, with additional staff analysis as
necessary.
B. Committee Review:
None required. However, the project does require staff-level design review for
replacement of the existing windows. Notice of design review approval was posted
on December 21, 2012. Staff will notify the ZAB at the hearing if this decision is
appealed.
V. Issues and Analysis
A. Key Issues:
1. Consistency with Purposes of District: As noted above, the C-T District limits the
number of Quick Service Restaurants to 30, although this limit may be exceeded
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with a Use Permit. In order to allow this, the Zoning Adjustments Board (ZAB)
must find that “granting an exception will result in enhancement of the purposes
of the District”, in addition to a second finding regarding parking and
transportation impacts, which is discussed in the following section. The purposes
of the District are as follows, along with staff’s analysis of how the proposed
project would enhance each purpose:
A. Implement the General Plan’s designation of Avenue Commercial for this
area.
Analysis: This purpose is broad and does not have specific applicability to
the proposed project.
B. Implement the Southside Plan’s designation for the Telegraph Avenue
Commercial Subarea.
Analysis: This purpose is broad and does not have specific applicability to
the proposed project.
C. Regulate development in the Telegraph Area Commercial District in order
to satisfy the needs of the population groups using the District, especially
the University population and the surrounding resident population.
Analysis: The project would help satisfy demand for relatively fast,
affordable food by University students and staff, and residents of the
surrounding neighborhoods.
D. Encourage the availability of a variety of goods and services which serve
residents in the District and the University population but do not generate a
high volume of vehicular traffic.
Analysis: The project would serve District residents and the University
population but would not generate a high volume of vehicular traffic given
that the vast majority of customers would arrive on foot due to the
proximity of the University and other institutions, and high density
residential neighborhoods located in the vicinity. Due to the nature of the
neighborhood and its proximity to the University, it is unlikely that the
project would generate a substantial number of vehicle trips specifically to
this site.
E. Allow for uses which maintain the cultural quality of the District giving it its
regional appeal without generating substantial vehicular traffic.
Analysis: See previous response regarding traffic. The existing adjacent
tenants would remain, thereby maintaining the existing cultural quality of
the District.
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F. Discourage uses which because of size, the type of the products sold,
vehicular traffic generated or other considerations, are more appropriately
located elsewhere in the City.
Analysis: See analysis for Purpose D regarding traffic. Although the
proposed types of food are already available at other restaurants in the
area, it appears based on the application that there is unmet demand for
these products. In any event, the ZAB’s decision should not be based on
the type of food sold, because this could be changed in the future without
any further discretionary review by the City required.
G. Encourage a mix of goods and services which will preclude the dominance
of any one type of use and which will produce variations within the same
category of uses.
Analysis: Quick Service Restaurants do not currently “dominate” this
District. Less than 25 percent (47) of the approximately 200 ground-floor
commercial spaces in the District are devoted to this use, and the addition
of one more Quick Service Restaurant would not cause this use to
dominate. In addition, Quick Service Restaurants comprise approximately
58 percent of the total food service uses (47 out of 81). Therefore, there
would continue to be adequate variation within the food service category
after approval of the proposed restaurant. In addition, total food service
uses would constitute less than half of the total ground-floor spaces in the
District.
H. To encourage the establishment and maintenance of uses which will
satisfy the needs of all age groups and attract a range of users and
interests.
Analysis: See analysis for Purposes C and E. Providing an additional
Quick Service Restaurant would help ensure that the food needs of all age
groups and users are satisfied.
I. Encourage the creation of additional housing in the District which is
affordable, including housing for those who work or study nearby.
Analysis: Not applicable to this project.
J. Encourage those uses and structural architecture that reinforce, and
discourage those uses and architecture that interrupt, the pedestrian
orientation of the District.
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Analysis: The project would reinforce the pedestrian orientation of the
District because it would draw the vast majority of its customers from
surrounding residential and institutional uses.
K. Encourage mixed Commercial and Residential Uses.
Analysis: The project is located in an existing mixed-use building.
L. Encourage the construction of new housing in mixed use development on
vacant properties and surface parking lots.
M. Encourage the redevelopment of single-story structures that are not
historically significant resources with housing and mixed use development.
N. Protect and enhance historically and architecturally significant buildings by
ensuring that new development and alterations complement their existing
architectural character.
O. Encourage the establishment and survival of small, locally-owned
businesses, thereby contributing to the vitality and diversity of the District.
Analysis: As noted earlier, according to the applicant, the restaurant will be
owned and operated by Ken Sarachan, who is locally based and also
owns other businesses on Telegraph. By contrast, the former tenant was a
national chain based in Orange County, California. While the size of the
subject space is relatively large, there are several commercial spaces on
Telegraph that are comparable in size or larger, including the three-story
retail building to the north.
P. Discourage the type of Commercial Use whose establishment will
contribute to the displacement of businesses that supply neighboring
residents with essential goods and services.
Analysis: The subject tenant space is currently vacant (except for storage
by the owner), and therefore the project does not displace any existing
business. The type of retail conducted by the former tenant, Wet Seal,
could not be characterized as an “essential” good or service. While there
appears to be a general trend in the District toward conversion of retail
spaces to food service, there are retail uses nearby that do supply more
basic neighborhood goods, such as Sam’s Market and Walgreen’s, and
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these uses do not appear to have been adversely impacted by the
increasing number of food service uses.
Q. Ensure that new buildings, additions and renovations harmonize with and
enhance the unique character of the District.
R. Provide environmental protection for the residents of mixed residential
commercial structures and surrounding residents from such detriments as
noise, fumes and litter.
Analysis: The permit, if approved, would include a condition of approval
requiring adequate controls for smoke and odors from cooking, as well as
monitoring of the sidewalk to prevent litter and excessive noise. See under
“Alcohol Service” for further discussion of noise impacts.
S. Preserve the ethnic diversity of the resident population and users of the
District and of the types of businesses providing ethnically diverse goods
and services in the District.
Analysis: See analysis for Purposes F and P. The project would not
displace any existing businesses, and the former business could not be
characterized as contributing to the District’s ethnic diversity.
T. Protect and encourage the development of properties accessible to the
disabled for both residential and Commercial Use.
Analysis: All tenant improvements within the subject tenant space would
have to comply with the accessibility requirements of the California
Building Code.
U. Discourage uses which are widely available in other shopping Districts
throughout the Bay Area and detract from the unique type and mix of
goods and services available in the District.
Analysis: See analysis for Purposes F, G, P and S. Although Quick
Service Restaurants are widely available in other shopping Districts and
throughout the Bay Area, the proposed business would be locally owned
and operated, and would serve the specific needs of the C-T District. As
noted in the analysis for Purpose G, there would continue to be an
appropriate mix of goods and services in the District after approval of this
project.
2. Parking and Transportation Impacts: The second required finding is that “Adverse
parking and transportation impacts of the proposed use are negligible or have
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been mitigated so as not to adversely affect circulation or parking capacity on
adjacent streets or in the immediate neighborhood.” As discussed in the analysis
for Purpose D above, the project would not generate substantial automobile trips
because it is located in a high-density, pedestrian-oriented area and would draw
the vast majority of its customers from surrounding residential and institutional
uses within walking distance. It should be noted that the C-T District, unlike other
districts, does not require off-street parking due to its high level of pedestrian and
transit accessibility. Furthermore, the proposed business would be subject to the
City’s Commuter Benefit Program Ordinance (BMC Ch. 9.88), which requires
businesses with 10 or more employees to provide either (1) a program for
excluding employee transit expenses from taxable earnings, (2) a transit subsidy
equal to the value of a monthly AC Transit bus pass, or (3) a shuttle service.
3. Alcohol Service/Hours of Operation: An Administrative Use Permit is required for
incidental service (i.e., on-site consumption) of beer and wine at Quick Service
Restaurants in the C-T District. A Use Permit is required for uses with alcohol
service that propose to operate later than 10 p.m., Sunday through Thursday, or
12 midnight, Friday and Saturday. The proposed restaurant would serve beer and
wine for on-site consumption and would operate until 2 a.m., seven days per
week.
As with all uses involving alcoholic beverages, staff has requested input on the
proposed use from the Police Department. The Police Department reviewed the
application materials and issued a memorandum that expressed concern
regarding “the potential for creating a bar atmosphere or allowing a third-party
promoter to rent the facility” and “the hours of operation and the possibility of the
noise associated with … large intoxicated crowds leaving the property.” However,
the Police Department did not request that the ZAB deny the application. See
Attachment 6 for the Police Department’s memorandum.
In response to these concerns, staff has worked with the applicant and the Police
Department to clarify the intent of the proposal and to identify the following
conditions of approval that would help minimize the potential for detrimental
impacts:
No live entertainment shall be permitted without specific authorization from
the ZAB.
The premises shall not be rented out to third-party “promoters” or for any
kind of special event or party without specific authorization from the ZAB.
In order to prevent a “bar atmosphere,” a condition of approval has been
included stating that alcohol sales may not exceed thirty-three percent
(33%) of the gross receipts generated by the primary food service use.
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The owner or operator of the establishment shall take reasonable
measures to prevent disturbances by patrons in the immediate vicinity.
Such measures shall include signs reminding patrons of nearby
residences and requests not to congregate or loiter near such residences
nor operate vehicles in a noisy manner on residential streets. The operator
shall give surveillance to public areas near the establishment, keep such
areas free of trash and litter, provide lighting, and otherwise attempt to
prevent conduct that might disturb the peace and quiet of residences in the
vicinity.
Based on these conditions and further conversations with the applicant, the
Police Department’s area coordinator stated in a subsequent communication that
the Police Department’s concerns had been addressed (see Attachment 6).
Generally, over the last several years, the City has relaxed the restrictions on
incidental alcohol service and hours of operation in the C-T District. As discussed
in the Southside Plan (e.g., Policies ED-B3 and ED-C3), the purpose of this policy
shift has been to promote economic vitality and help create a safer, more active
commercial district by allowing more businesses to remain open in the later
nighttime hours.
With appropriate restrictions in place to address alcohol-related problems, staff
believes that a relatively large new restaurant operating until 2 a.m. would help
achieve the policy goals discussed above. Staff has included conditions of
approval that address alcohol-related impacts, such as requirements for ABC
training for servers, participation in the Police Department’s Crime Prevention
Through Environmental Design (CPTED) survey, and use of non-disposable
glassware for alcoholic beverages.
B. General and Area Plan Consistency:
General Plan Policy Analysis: The 2002 General Plan contains several policies
applicable to the project, including the following:
Policy LU-27–Avenue Commercial Areas, Action E: Maintain and encourage a
wide range of community and commercial services, including basic goods and
services.
Analysis: See above analysis for purpose G.
Southside Plan Policy Analysis: The following policies of the adopted Southside
Plan are applicable to the project:
Policy ED-C1:
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Analysis: These two policies support retention of the existing quota regulations for
Quick Service Restaurants. As discussed above, the project would be consistent
with these regulations.
Policy ED-C3: Better meet the needs of student residents by encouraging retail
uses, such as eating establishments and cafes, to keep later hours.
Analysis: See discussion of hours of operation in “Key Issues”.
VI. Recommendation
Because of the project’s consistency with the Zoning Ordinance, General Plan, and
Southside Plan, and minimal impact on surrounding properties, Staff recommends that
the Zoning Adjustments Board APPROVE Use Permit #12-10000037 pursuant to
Section 23B.32.040 and subject to the attached Findings and Conditions (see
Attachment 1).
Attachments:
1.
2.
3.
4.
5.
Findings and Conditions
Project Plans, last revised November 20, 2012
Applicant Statement
Notice of Public Hearing
Communications (including Police Department)
Staff Planner: Aaron Sage, AICP, [email protected], (510) 981-7425
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Attachment 1
JANUARY 10, 2013
CEQA FINDINGS
1.
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of
Regulations, §15000, et seq.) pursuant to Section 15303 of the CEQA Guidelines
(“New Construction or Conversion of Small Structures”). Furthermore, none of the
exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not
located in an environmentally sensitive area, (b) there are no cumulative impacts, (c)
there are no significant effects, (d) the project is not located near a scenic highway, (e)
the project site is not located on a hazardous waste site pursuant to Government Code
Section 65962.5, and (f) the project will not affect any historical resource as defined in
CEQA Guidelines Section 15064.5.
GENERAL NON-DETRIMENT FINDING
2.
Pursuant to Berkeley Municipal Code Section 23B.32.040, the Zoning Adjustments
Board finds that the proposed project, under the circumstances of the particular case
existing at the time at which the application is granted, will not be detrimental to the
health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the area or neighborhood of such proposed use or be detrimental or
injurious to property and improvements of the adjacent properties, the surrounding
area or neighborhood, or to the general welfare of the City, for the following reasons:
A. The project would be consistent with the purposes of the C-T District, as described
in Finding 3 below.
B. The project would enhance the well-being of users of the District, and the economic
vitality of the District, by occupying a vacant commercial space, establishing a
locally owned business, and helping satisfy the high demand for Quick Service
Restaurants in this District.
C. The project does not alter the exterior of the existing structure, other than new
signage and windows, and therefore will help preserve the existing physical
character of the commercial district.
FINDINGS AND CONDITIONS
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D. Potential adverse impacts from the proposed alcohol sales and hours of operation
will be addressed by requiring alcohol sales to be terminated one hour before
closing time, requiring training for employees serving alcohol, requiring the
establishment to monitor customer activity on the adjacent sidewalk, and other
requirements included in the following conditions.
OTHER REQUIRED FINDINGS
3.
Pursuant to Berkeley Municipal Code Section 23E.56.090.B.1, the Zoning Adjustments
Board finds that the project is compatible with the purposes of the C-T District, as
follows:
A. Implement the General Plan’s designation of Avenue Commercial for this area.
Analysis: This purpose is broad and does not have specific applicability to the
proposed project.
B. Implement the Southside Plan’s designation for the Telegraph Avenue Commercial
Subarea.
proposed project.
C. Regulate development in the Telegraph Area Commercial District in order to satisfy
the needs of the population groups using the District, especially the University
population and the surrounding resident population.
Analysis: The project would help satisfy demand for relatively fast, affordable food
by University students and staff, and residents of the surrounding neighborhoods.
D. Encourage the availability of a variety of goods and services which serve residents
in the District and the University population but do not generate a high volume of
vehicular traffic.
Analysis: The project would serve District residents and the University population
but would not generate a high volume of vehicular traffic given that the vast
majority of customers would arrive on foot due to the proximity of the University
and other institutions, and high density residential neighborhoods located in the
vicinity. Due to the nature of the neighborhood and its proximity to the University, it
is unlikely that the project would generate a substantial number of vehicle trips
specifically to this site.
E. Allow for uses which maintain the cultural quality of the District giving it its regional
appeal without generating substantial vehicular traffic.
File: G:\LANDUSE\Projects by Address\Telegraph\2360\UP 12-10000037\DOCUMENTS FINALS\ZAB 2013-01-10\2013-0110_ZAB_FC_2360 Telegraph.docx
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Analysis: See previous response regarding traffic. The existing adjacent tenants
would remain, thereby maintaining the existing cultural quality of the District.
F. Discourage uses which because of size, the type of the products sold, vehicular
traffic generated or other considerations, are more appropriately located elsewhere
in the City.
Analysis: See analysis for Purpose D regarding traffic. Although the proposed
types of food are already available at other restaurants in the area, it appears
based on the application that there is unmet demand for these products. In any
event, the ZAB’s decision should not be based on the type of food sold, because
this could be changed in the future without any further discretionary review by the
City required.
G. Encourage a mix of goods and services which will preclude the dominance of any
one type of use and which will produce variations within the same category of uses.
Analysis: Quick Service Restaurants do not currently “dominate” this District. Less
than 25 percent (47) of the approximately 200 ground-floor commercial spaces in
the District are devoted to this use, and the addition of one more Quick Service
Restaurant would not cause this use to dominate. In addition, Quick Service
Restaurants comprise approximately 58 percent of the total food service uses (47
out of 81). Therefore, there would continue to be adequate variation within the food
service category after approval of the proposed restaurant. In addition, total food
service uses would constitute less than half of the total ground-floor spaces in the
District.
H. To encourage the establishment and maintenance of uses which will satisfy the
needs of all age groups and attract a range of users and interests.
Analysis: See analysis for Purposes C and E. Providing an additional Quick
Service Restaurant would help ensure that the food needs of all age groups and
users are satisfied.
I. Encourage the creation of additional housing in the District which is affordable,
including housing for those who work or study nearby.
J. Encourage those uses and structural architecture that reinforce, and discourage
those uses and architecture that interrupt, the pedestrian orientation of the District.
Analysis: The project would reinforce the pedestrian orientation of the District
because it would draw the vast majority of its customers from surrounding
residential and institutional uses.
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L. Encourage the construction of new housing in mixed use development on vacant
properties and surface parking lots.
M. Encourage the redevelopment of single-story structures that are not historically
significant resources with housing and mixed use development.
O. Encourage the establishment and survival of small, locally-owned businesses,
thereby contributing to the vitality and diversity of the District.
Analysis: As noted earlier, according to the applicant, the restaurant will be owned
and operated by Ken Sarachan, who is locally based and also owns other
businesses on Telegraph. By contrast, the former tenant was a national chain
based in Orange County, California. While the size of the subject space is relatively
large, there are several commercial spaces on Telegraph that are comparable in
size or larger, including the three-story retail building to the north.
P. Discourage the type of Commercial Use whose establishment will contribute to the
displacement of businesses that supply neighboring residents with essential goods
and services.
Analysis: The subject tenant space is currently vacant (except for storage by the
owner), and therefore the project does not displace any existing business. The type
of retail conducted by the former tenant, Wet Seal, could not be characterized as
an “essential” good or service. While there appears to be a general trend in the
District toward conversion of retail spaces to food service, there are retail uses
nearby that do supply more basic neighborhood goods, such as Sam’s Market and
Walgreen’s, and these uses do not appear to have been adversely impacted by the
Q. Ensure that new buildings, additions and renovations harmonize with and enhance
the unique character of the District.
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R. Provide environmental protection for the residents of mixed residential commercial
structures and surrounding residents from such detriments as noise, fumes and
litter.
Analysis: The permit, if approved, would include a condition of approval requiring
adequate controls for smoke and odors from cooking, as well as monitoring of the
sidewalk to prevent litter and excessive noise. See under “Alcohol Service” for
further discussion of noise impacts.
S. Preserve the ethnic diversity of the resident population and users of the District and
of the types of businesses providing ethnically diverse goods and services in the
District.
Analysis: See analysis for Purposes F and P. The project would not displace any
existing businesses, and the former business could not be characterized as
contributing to the District’s ethnic diversity.
T. Protect and encourage the development of properties accessible to the disabled for
both residential and Commercial Use.
Analysis: All tenant improvements within the subject tenant space would have to
comply with the accessibility requirements of the California Building Code.
U. Discourage uses which are widely available in other shopping Districts throughout
the Bay Area and detract from the unique type and mix of goods and services
available in the District.
Analysis: See analysis for Purposes F, G, P and S. Although Quick Service
Restaurants are widely available in other shopping Districts and throughout the Bay
Area, the proposed business would be locally owned and operated, and would
serve the specific needs of the C-T District. As noted in the analysis for Purpose G,
there would continue to be an appropriate mix of goods and services in the District
after approval of this project.
4.
Board finds that the project will encourage and maintain the present street frontage of
the District, will not interfere with the continuity of retail or compatible service facilities
at the ground level and will not interrupt a continuous wall of building facades, because
the project does not include any substantial exterior alterations.
5.
Board finds that the project is compatible in design and character with the District and
the adjacent residential neighborhoods, because it does not include any substantial
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exterior alterations, is compatible with the purposes of the District as discussed in
Finding 3 above, and the use is similar to existing commercial uses in the District.
6.
Board finds that the project will not generate traffic or parking demand significantly
beyond the capacity of the Commercial District or significantly increase impacts on
adjacent residential neighborhoods, as discussed in Finding 3, Purpose D.
7.
Pursuant to Berkeley Municipal Code Section 23E.56.090.C, the Zoning Adjustments
Board finds that the extended hours will not generate excessive noise, traffic or
parking problems affecting the well-being of the residents of the District, because the
establishment will not offer live entertainment and will not create a “bar atmosphere”
leading to excessive noise and other problems. The applicant has worked with the
Police Department and Planning staff to identify appropriate restrictions to ensure that
proposed alcohol service and hours of operation do not create adverse impacts on the
neighborhood. These include requirements for ABC training for servers, participation in
the Police Department’s Crime Prevention Through Environmental Design (CPTED)
survey, and use of non-disposable glassware for alcoholic beverages.
8.
Pursuant to Berkeley Municipal Code Section 23E.56.090.E, the Zoning Adjustments
Board grants a Use Permit to exceed the numerical and floor area limitations of the CT District, based on the following findings:
9.
1.
Granting an exception will result in enhancement of the purposes of the District,
as discussed in Finding 3 above; and
2.
Adverse parking and transportation impacts of the proposed use are negligible
or have been mitigated so as not to adversely affect circulation or parking
capacity on adjacent streets or in the immediate neighborhood, as discussed in
Finding 3, Purpose D.
Pursuant to Berkeley Municipal Code Section 23E.56.090.F, the Zoning Adjustments
Board finds that the project complies with the Southside Plan’s adopted Mitigation
Monitoring Program (MMP). There are no mitigations in the MMP that apply to this
project.
STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
1.
Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the first sheet of each plan set
submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit
Conditions’. The second sheet may also be used if the first sheet is not of sufficient
size to list all of the conditions. The sheet(s) containing the conditions shall be of the
same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets
are not acceptable.
January 10, 2013
2.
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Applicant Responsible for Compliance with Conditions
The applicant shall ensure compliance with all of the following conditions, including
submittal to the project planner of required approval signatures at the times specified.
Failure to comply with any condition may result in construction being stopped,
issuance of a citation, and/or modification or revocation of the Use Permit.
3.
4.
Uses Approved Deemed to Exclude Other Uses (Section 23B.56.010)
A.
This Permit authorizes only those uses and activities actually proposed in the
application and excludes other uses and activities.
B.
Except as expressly specified herein, this Permit terminates all other uses at
the location subject to it.
Modification of Permits (Section 23B.56.020)
No change in the use or structure for which this Permit is approved is permitted unless
the Permit is modified by the Zoning Adjustments Board, in conformance with Section
23B.56.020.A.
Changes in the plans for the construction of a building or structure may be modified
prior to the completion of construction, in accordance with Section 23B.56.020.D. The
Zoning Officer may approve changes to plans approved by the Board, consistent with
the Board’s policy adopted on May 24, 1978, which reduce the size of the project. The
Zoning Officer may also approve a maximum two-foot variation to Board approved
plans, provided that such variation does not increase a structure’s height, reduce the
minimum distance to any property line, and/or conflict with any special objective
sought by the Board.
5.
Plans and Representations Become Conditions (Section 23B.56.030)
Except as expressly specified herein, the site plan, floor plans, building elevations and
any additional information or representations submitted by the applicant during the
Staff review and public hearing process leading to the approval of this Permit, whether
oral or written, which indicated the proposed structure or manner of operation are
deemed conditions of approval.
6.
Subject to all City and Other Regulations (Section 23B.56.040)
The approved use and/or construction are subject to, and shall comply with, all
applicable City Ordinances and laws and regulations of other governmental agencies.
7.
Exercised Permit for Use Survives Vacancy of Property (Section 23B.56.080)
Page 8 of 12
Page 20 of 166
January 10, 2013
Once a Permit for a use is exercised and the use is established, that use is legally
recognized, even if the property becomes vacant, except as set forth in Standard
Condition #8 below.
8.
9.
Exercise and Lapse of Permits (Section 23B.56.100)
A.
A permit for the use of a building or a property is exercised when, if required, a
valid City business license has been issued, and the permitted use has
commenced on the property.
B.
A permit for the construction of a building or structure is deemed exercised
when a valid City building permit, if required, is issued, and construction has
lawfully commenced.
C.
A permit may be declared lapsed and of no further force and effect if it is not
exercised within one year of its issuance, except that permits for construction or
alteration of structures or buildings may not be declared lapsed if the permittee
has (1) applied for a building permit or (2) made substantial good faith efforts to
obtain a building permit and begin construction, even if a building permit has not
been issued and/or construction has not begun.
The applicant shall hold the City of Berkeley and its officers harmless in the event of
any legal action related to the granting of this Permit, shall cooperate with the City in
defense of such action, and shall indemnify the City for any award of damages or
attorneys fees that may result.
CONDITIONS BY PROJECT TYPE
ALCOHOLIC BEVERAGE SERVICE CONDITIONS (on-site)
10.
Alcoholic beverage service shall be “incidental” to the primary food service use, as
defined in Zoning Ordinance 23F.04.010. An incidental use shall not exceed twentyfive percent (25%) of the floor area of the primary use, and if it consists of the
commercial sales of a different line of products or services than the primary use, such
incidental use may not generate gross receipts in excess of thirty-three percent (33%)
of the gross receipts generated by the primary use. In addition, the California
Department of Alcohol Beverage Control (ABC) allows this alcohol use only as part of
a “bona fide eating place” making “actual and substantial sales of meals,” and
stringently enforces this requirement.
11.
The establishment shall comply with all applicable regulations of the California
Department of Alcoholic Beverage Control.
12.
The applicant shall comply with ABC regulations for License Type 41 (“On Sale Beer &
Wine – Eating Place”), which requires that the food establishment operate as a bona
January 10, 2013
Page 21 of 166
Page 9 of 12
fide eating place, make actual and substantial sales of meals during normal meal
hours, and that the establishment operate at least five days a week. In addition, the
applicant shall request that the ABC place the following conditions on the ABC permit
for this site, and this Use Permit shall only be operative for as long as these conditions
are placed on the associated ABC license:
a. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited;
b. There shall be no bar or lounge area upon the licensed premises maintained for
the sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons for consumption;
c. During operating hours, 100% of the service area shall be designed and used for
and must possess the necessary utensils, and condiment dispensers with which to
serve meals to the public;
d. There shall be no exterior advertising or sign of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages or signs
which are clearly visible to the exterior shall constitute a violation of this condition.
13.
A Berkeley Police Department Crime Prevention Through Environmental Design
(CPTED) survey shall be completed prior to obtaining a certificate of occupancy or
final inspection.
14.
All employees selling and/or serving alcohol, or directly supervising such sales and/or
service, shall complete the Licensee Education on Alcohol and Drugs (LEAD)
program, or another equivalent program offered or certified by the California
Department of Alcoholic Beverage Control within 6 months of employment at the
establishment. Employees who have completed the course within the last five (5)
years shall be exempt from this requirement.
15.
Employees shall not serve alcohol to patrons who appear to be inebriated or otherwise
unable to behave in an orderly manner upon consuming alcohol.
16.
The service of alcohol shall be limited to beer and wine and limited to the hours of 9:00
a.m. – 2:00 a.m. seven days per week. The Zoning Adjustments Board or designee
shall approve any change in the hours of restaurant operations, of alcohol service, or
both. Hours of operation are subject to review and amendment by the Zoning
Adjustments Board as necessary to avoid detriment to the neighborhood or to achieve
conformance with revised City standards or policies.
17.
Neither alcohol-dispensing facilities nor sign(s) advertising alcoholic beverages shall
be visible from the public right-of-way.
18.
All alcohol served to patrons must be served in durable restaurant tableware – i.e. either
cups or glasses. No alcohol may be distributed in its original bottle or can, or in any other
potentially disposable container.
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January 10, 2013
19.
There shall be no service or consumption of alcohol in the public right-of-way.
20.
No alcohol may be transported off-site from the establishment to any other establishment
or to the public right-of-way.
21.
The owner or operator of the establishment shall take reasonable measures to prevent
disturbances by patrons in the immediate vicinity. Such measures shall include signs
reminding patrons of nearby residences and requests not to congregate or loiter near
such residences nor operate vehicles in a noisy manner on residential streets. The
operator shall give surveillance to public areas near the establishment, keep such
areas free of trash and litter, provide lighting, and otherwise attempt to prevent
conduct that might disturb the peace and quiet of residences in the vicinity.
Furthermore, the operator shall assume reasonable responsibility for ensuring that
patrons do not block the entrance or interfere with pedestrian activity on the adjacent
public sidewalk.
22.
The applicant shall establish cash handling procedures to reduce the likelihood of
robberies and theft.
23.
This Use Permit, including these and all other required conditions, shall be posted in
conspicuous location, available for viewing by any interested party.
24.
The premises shall not be rented out to third-party “promoters” for any special events
or parties.
FOOD SERVICE CONDITIONS
(These requirements are in addition to any other requirements under the City's Building,
Health or Fire Codes or by agencies such as the Alcoholic Beverage Control Department of
the State of California. The applicant is responsible for contacting these and other
departments and agencies to identify and secure all applicable permits and licenses).
25.
This permit is subject to review, imposition of additional conditions, or revocation if
factual complaint is received by the Zoning Officer that the maintenance or operation
of this establishment is violating any of these or other required conditions or is
detrimental to the health, safety, peace, morals, comfort or general welfare of persons
residing or working in the neighborhood or is detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
26.
Changes in the nature of the operation including, but not limited to, the addition of
seating beyond the capacity indicated in the application, expansion of hours beyond 2
a.m., and the addition of live entertainment, shall require modification of this permit (or
a new Use Permit, if required by the Zoning Ordinance) subject to approval by the
Zoning Adjustments Board.
January 10, 2013
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Page 11 of 12
27.
The approved floor plan, including the number of seats, shall be followed and the
operation shall be conducted as presented to the Board. The maximum occupancy
shall be as specified in the application unless otherwise required by applicable
regulations.
28.
Changes to the building's facade, including doors or windows, site plans, landscaping,
signage, and awnings are subject to Design Review and approval prior to issuance of
a building permit.
29.
The hours of operation of the restaurant portion of the business shall be limited to: 7
a.m. to 2 a.m. (see Condition 16 above for further restrictions on alcohol service).
Hours of operation refer to arrival of the first patron and departure of the last patron.
Any change in the hours of operation shall be approved by the Zoning Adjustments
Board or designee. Hours of operation are subject to review and amendment by the
Zoning Adjustments Board as necessary to avoid detriment to the neighborhood or to
achieve conformance with revised City standards or policies.
30.
Cooking odors, noise, exterior lighting and operation of any parking area shall be
controlled so as to prevent verified complaints from the surrounding neighborhood.
This shall include noise created by employees working on the premises before or after
patrons arrive.
31.
Smoke and odor control equipment approved by the City Environmental Health
Division and providing adequate protection to residential uses in the vicinity shall be
installed prior to issuance of an Occupancy Permit.
32.
Garbage and trash containers that are suitably enclosed and screened from view shall
be provided subject to approval of the Zoning Officer, the Health Department and,
where applicable, the Design Review Planner. Any establishment selling beverages in
cans or bottles that are subject to the State of California Container Deposit Law shall
provide separate bins or cans for the placement of such cans or bottles to ensure
recycling of such containers.
33.
Containers used for the dispensing of prepared food shall identify the establishment.
Polystyrene foam food packing is prohibited by Section 11.60.030 of the Berkeley
Municipal Code.
34.
Any establishment selling beverages in cans or bottles that are subject to the State of
California Container Deposit Law shall recycle such containers.
35.
The operator of the restaurant shall place a waste receptacle near the entry way and
shall insure that garbage on the sidewalk in front of the establishment and within 50
feet thereof will be picked up periodically during each day, so that the sidewalk
remains clean.
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January 10, 2013
36.
The operator shall assume reasonable responsibility for ensuring that patrons do not
block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.
37.
The applicant shall comply with Berkeley Municipal Code Chapter 9.88, which requires
businesses with 10 or more employees to provide either (1) a program for excluding
employee transit expenses from taxable earnings, (2) a transit subsidy equal to the
value of a monthly AC Transit bus pass, or (3) a shuttle service.
Page 25 of 166
ATTACHMENT 2
ZAB 01-10-13
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ATTACHMENT 2
ZAB 01-10-13
Page 2 of 2
4 Sep 12, Rev 20 Nov 12
ATTACHMENT
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Attachment 5 - Admin
Record
ZAB 01-10-13
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of 166
Page 1 of 1
City of Berkeley
Planning Department
2120 Milvia Street
Berkeley, CA 94704
Re:
AUP Application – Project Statement
Biondi’s Café
The proposed Restaurant, to be named Biondi’s Café, will feature salads, gourmet pizza and pasta.
It will cater to the student and staff population at UC Berkeley, as well as the surrounding
neighborhood. It will feature restaurant tables, booths and counter seating with a bistro style
atmosphere.
The previous use was Wet Seal, a clothing store. The project area is approximately 4,647 square
feet of ground floor space, plus an existing storage mezzanine of approximately 1,100 sf. The
interior improvements will include a new commercial kitchen, open seating areas, booths, counter
type seating, accessible restrooms and a product lift for storage of goods on the existing
mezzanine. The restaurant plans to serve a menu of pasta, pizza and salads and will cater to the
student lunch crowd as well as evening dining. Beer and wine will also be served with meals.
Exterior improvements will be limited to replacing a portion of the storefront with new operable
window panels, plus a new sign. The new sign and all associated lighting will be under a separate
permit.
The seating capacity will be approximately 150 as allowed by the Building Code. Distance travelers
will be able to utilize street parking or the Sather Gate Public Garage on Durant Avenue.
Architecture
Planning
Design
Regards,
Mark Thieme, Architect
[1225 AUP Project Description LH.doc]
77 Solano Square
Number 134
Benicia.Ca.94510
Fon.707.748.7150
Fax.707.641.0102
ATTACHMENT
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ZAB 01-10-13
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number and size of such restaurants
restaurants,, and with incidental beer and wine
service until 2 a.m.
The Zoning Adjustments Board of the City of Berkeley will hold a public hearing on the above
matter, pursuant to Zoning Ordinance Section 23B.32.020, on Thursday, January 10, 2013
at the Maudelle Shirek Building
Building,, 2134 Martin Luther King, Jr. Way, second floor Council
chambers (wheelchair accessible). The meeting starts at 7:00 p.m.
PERMITS REQUIRED:
•
•
•
Use Permit to establish a Quick Service Restaurant of 4,647 square feet (plus storage)
exceeding the limits on the number and size on such uses (30 restaurants allowed, 47
existing; 1,500 sq. ft. size limit)
Administrative Use Permit to allow service of beer and wine incidental to food service
Use Permit to allow service of beer and wine until 2 a.m., seven days per week (code
otherwise allows 10 p.m., Sunday-Thursday, and 12 midnight, Friday-Saturday)
APPLICANT: Mark Thieme, 77 Solano Square #134, Benicia, CA 94510
ZONING DISTRICT: C-T, Telegraph Avenue Commercial
ENVIRONMENTAL REVIEW STATUS: Categorically exempt under Section 15303 of the
California Environmental Quality Act (CEQA) Guidelines (“
(“New
New Construction or Conversion of
Small Structures”).
The Zoning Application and application materials for this project is available online at:
http://www.cityofberkeley.info/zoningapplications
The agenda and staff report for this meeting will be available online 3 to 5 days prior to
this meeting at: http://www.cityofberkeley.info/zoningadjustmentsboard
Fax: 510.981.7420
Page 2 of 3
ATTACHMENT
4
Record
ZAB 01-10-13
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of 166
NOTICE OF PUBLIC HEARING
Page 2 of 3
Posted December 24, 2012
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.
• Correspondence received by 5:00 p.m. on 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.
• Written comments, or a request for a Notice of Decision should be directed to the ZAB
Secretary at: Land Use Planning Division (Attn: Steven Buckley, ZAB Secretary), 2120
Milvia Street, Berkeley, CA 94704 OR at [email protected].
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 2120 Milvia Street, Berkeley, during
regular business hours.
G:\LANDUSE\Projects by Address\Telegraph\2360\UP 12-10000037\DOCUMENTS FINALS\2012-1224_ZAB_PHN POSTER_2360 Telegraph.docx
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ATTACHMENT
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Posted December 24, 2012
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.
Further Information
Questions about the project should be directed to the project planner, Aaron Sage, at (510)
981-7410 or [email protected]. All project application materials, including full-size
plans, may be viewed at the Permit Service Center (Zoning counter), 2120 Milvia Street,
during normal office hours.
G:\LANDUSE\Projects by Address\Telegraph\2360\UP 12-10000037\DOCUMENTS FINALS\2012-1224_ZAB_PHN POSTER_2360 Telegraph.docx
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ATTACHMENT
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ATTACHMENT
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Sage, Aaron E.
Nabozny, Jessyca A.
Wednesday, November 21, 2012 2:24 PM
Sage, Aaron E.
Fomby II, Spencer
2360 Telegraph Ave
From:
Sent:
To:
Cc:
Subject:
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Captioner’s Report, ZAB, 01-10-2013
Page 34Page
of 1166
of 3
I, KATHRYN ROBSON, a Certified Realtime Reporter, do hereby
certify that:
I am a subcontractor of TERI DARRENOUGUE, a Certified
Realtime Reporter who has been commissioned by the City of
Berkeley to transcribe, for the purposes of captioning, the
Berkeley Zoning Adjustments Board meetings.
Because of my inability to stop the proceedings and clarify
what exactly has been spoken or who has spoken, the transcript
may contain errors or may not be a verbatim transcription.
With the exceptions noted above, the captioning transcript
constitutes a true and correct report of the January 10, 2013
meeting of the Berkeley Zoning Adjustments Board.
IN WITNESS WHEREOF, I have hereunder subscribed my hand on
January 10, 2013.
Page 35Page
of 2166
of 3
>> M. Alvarez-Cohen: Welcome. Welcome to the zoning adjustments
board meeting for Thursday, January 10, 2013. Let's start with a
roll call, and if anyone has any ex parte communications, please
indicate that. Terri?
>> T. Blount: I have received word from the chair, George
Williams, he will not be here tonight. And also from Board
Member Groves, also will not be here. Calling the roll, Board
Member Donaldson.
>> S. Donaldson: No ex parte communications.
>> T. Blount: Board Member Allen.
>> R. Allen: Here, I visited the Scenic Avenue site and the
Amador Avenue, and met with neighbors at both sites and I
visited the childcare facility and met with four or five of the
people and toured the site.
>> T. Blount: Board Member Feller.
>> F. Feller: Present.
>> T. Blount: Did you have ex parte communications? Thank you.
>> T. Blount: Vice-Chair Cohen.
>> M. Alvarez-Cohen: Present, no ex parte.
>> T. Blount: Board Member Tregub.
>> I. Tregub: Present, no ex parte
>> T. Blount: Board Member Hong.
>> S. Hong: Present.
>> T. Blount: You did not speak with any person regarding any of
the items outside of the meeting, that's what the question is
about.
>> S. Hong: Sorry. No, I did not.
>> T. Blount: So that would be no, thank you.
>> M. Alvarez-Cohen: Thanks, Terry. Public comment, would anyone
in the audience like to speak to any item not agendized on the
meeting tonight. I don't see anyone. Let's move to the gentleman
even, I'm going to approve the action minutes as part of any
consent calendar, did anyone have any proposals on the consent
calendar? Bob?
>> R. Allen: Tell me if there are any cards on these. But I'm
suggesting we put on consent, number 3, 39 canyon road. Number
4, 809-A Allston. Number 10, 2068 center street. And number 11,
2360 Telegraph.
>> M. Alvarez-Cohen: Okay. On number 3, 39 canyon, all I have is
one card in support of this. Anyone in the audience in
opposition to that topic? No. Okay, we'll put number 3 on.
Number 4, Allston Way, no cards. Anyone in the audience want to
speak in opposition to that? No. Number 10, center street, all I
have is one card, mark wants to speak in support. Anyone in
opposition to number 2068 center street? No. Number 11, I have
no cards on that. Anyone in opposition to 2360 Telegraph? No.
Before we make -- anyone second that motion?
>> Second.
>> M. Alvarez-Cohen: Great, thank you. The action minutes, leapt
me ask, does anyone want to make a motion to approve those as
well?
>> I make motion to approve those.
>> I. Tregub: I have one suggested correction for staff before
we approve it. For compliance determination number 4 on page 3,
Page 36Page
of 3166
of 3
where there's the final vote, I believe should show, it should
be 8-0, 0-1, rather than 8-0 to 1-0, since Commissioner Groves
didn't abstain, she recused herself.
>> T. Blount: I'll doublecheck that. I think we have recused
there, but you're saying 8-0-0-1.
>> I. Tregub: Correct
>> T. Blount: We'll correct that, if it is incorrect.
>> M. Alvarez-Cohen: Okay. Anyone have a second on the approving
the action minutes?
>> I. Tregub: Second.
>> M. Alvarez-Cohen: Great. So let's have a vote, on the consent
calendar. All in favor of putting on consent calendar number 3,
number 4, number 10 and 11, say aye?
>> Aye.
>> M. Alvarez-Cohen: Anyone against? Anyone abstaining? No.
Okay.
>> T. Blount: I'm sorry, the first was Board Member Donaldson
and the second was Board Member Tregub?
>> M. Alvarez-Cohen: On the consent it was first was Bob, and
then the second, correct.
>> T. Blount: Apologies, we're still down an intern.
>> M. Alvarez-Cohen: I'm moving quickly, I know. Number 39,
canyon road, you have your use permit, appealable to the City
Council. Number 809-A, Allston Way, you have your use permit,
appealable to the City Council, you may leave. Number 2068
center street, you have your use permit, it is appealable to the
City Council, you can leave. And finally number 2360 Telegraph
have a, you have your use permit, appealable to the City Council
as well, you can go as well. Let's take a vote on the action
minutes, all in five favor?
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Sage, Aaron E.
From:
Sent:
To:
Subject:
Sage, Aaron E.
Thursday, October 11, 2012 3:39 PM
'[email protected]'
2360 Telegraph - application incomplete
Hi Mark,
I’ve reviewed this application and it is incomplete pending receipt of the following:
1. Photo of yellow pre-application poster sign, per Item I.E of the Zoning Project Submittal
Requirements.
2. Zoning Use Questionnaire (under “Alcoholic Beverages” on the second page) states that
alcohol will not be served at a bar, yet this conflicts with the applicant statement and the floor
plan. Please submit a revised questionnaire with this
In addition, I’ve determined that we overcharged for this application. The correct fee for the Use
Permit is $5,458.80, not $6,871. However, this application requires an additional Use Permit to
exceed the 1,500 sq. ft. limit for quick service restaurants found in Section 23E.56.040. We did not
charge for this Use Permit, so a fee of $414 will be deducted from the amount overpaid, leaving a
refund of $998.20. In order to process this refund I need you to turn in the original receipt or fill out
the attached declaration.
I still anticipate being able to get this to the ZAB on December 13, if not earlier. Please let me know if
you have any questions.
Aaron Sage, AICP
Senior Planner
City of Berkeley
ph 510-981-7425
fax 510-981-7420
Page 54 of 166
Sage, Aaron E.
From:
Sent:
To:
Subject:
Sage, Aaron E.
Thursday, October 18, 2012 3:11 PM
'[email protected]'
RE: 2360 Telegraph - further info/questions
Hi Mark,
Just wanted to follow up on my previous e-mail (see below) and confirm you received it. Also, I have
some new information and questions for you:
1. Upon further review of the Zoning Ordinance I’ve learned that a Use Permit is required to allow
a use involving alcohol to operate past 10 p.m. Sunday-Thursday and midnight FridaySaturday. See Section 23E.56.060.B. This will be added to your application with a fee of
$414, and the refund I mentioned below would be $584.20 rather than $998.20.
2. The Police Dept. has concerns about possible live entertainment. Please confirm no live
entertainment is proposed.
3. Please note that Use Permit applications involving alcohol are usually initiated by the operator
of the establishment rather than the property owner. The ZAB has been hesitant to approve,
and in some cases has denied, such applications without knowing who the operator is. Any
further information you can provide as to who the operator will be, and what type of restaurant
this will be (e.g. sample menus, example of similar existing restaurants) may help address the
ZAB’s concerns.
Thanks for your attention to these items. Please let me know if you have any questions.
Regards,
Aaron
! "! #!
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Hi Mark,
I’ve reviewed this application and it is incomplete pending receipt of the following:
1. Photo of yellow pre-application poster sign, per Item I.E of the Zoning Project Submittal
Requirements.
2. Zoning Use Questionnaire (under “Alcoholic Beverages” on the second page) states that
alcohol will not be served at a bar, yet this conflicts with the applicant statement and the floor
plan. Please submit a revised questionnaire with this
Page 55 of 166
In addition, I’ve determined that we overcharged for this application. The correct fee for the Use
I still anticipate being able to get this to the ZAB on December 13, if not earlier. Please let me know if
you have any questions.
Aaron Sage, AICP
Senior Planner
City of Berkeley
ph 510-981-7425
fax 510-981-7420
Page 56 of 166
Page 57 of 166
Page 58 of 166
Sage, Aaron E.
From:
Sent:
To:
Cc:
Subject:
Attachments:
Mark Thieme [[email protected]]
Tuesday, October 30, 2012 7:50 AM
Sage, Aaron E.; 'Renee Thieme'
'Mark Thieme'
Re: 2360 Telegraph - application incomplete
2360 Telegraph - Use Permit Poster FINAL.pdf
Please find attached a copy of the project site poster for 2360 Telegraph Avenue. Also, here are the answers to your questions:
1. I talked to Ken Sarachan, the building owner, who is also the operator for this business. He owns the properties and operates
a number of businesses on the avenue including Blondie's Pizza, Rasputin Music and Bear Basics.
2. We discussed the bar area and he said that they will only be serving beer and wine, no hard liquor. The bar area is an eating
3.
counter and not 'bar' in the typical sense. Do you want me to re-label the plans to say eating counter? Please let me know.
There will be no live music at this location.
Please let me know if you need anything else.
!"
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Renee,
Please use the following project description: ?Proposed Biondi?s café serving beer and wine with
hours of operation until 2 a.m. in an existing retail space?. If this is too long for the available space,
I?d suggest deleting ?Biondi?s? and ?in an existing retail space?.
Page 59 of 166
Please use a floor plan.
Let me know if you have any further questions.
Aaron
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Aaron,
Per Mark?s request, I am sending you a draft of the 2360 Telegraph Application Use Permit Poster for your review. Do
you recommend using the elevation or floor plan to be placed in the required space? I am also waiting for the final s.f.
number.
Please let me know if you have any other corrections and a final will be sent to you for your approval.
Renee Thieme
Mark Thieme Architect
77 Solano Square #134
Benicia, CA 94510
707.748.7150 phone
707.641.0102 fax
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Hi Mark,
I?ve reviewed this application and it is incomplete pending receipt of the following:
Photo of yellow pre-application poster sign, per Item I.E of the Zoning Project Submittal
Requirements.
Zoning Use Questionnaire (under ?Alcoholic Beverages? on the second page) states that alcohol
will not be served at a bar, yet this conflicts with the applicant statement and the floor plan. Please
submit a revised questionnaire with this
In addition, I?ve determined that we overcharged for this application. The correct fee for the Use
)
Page 60 of 166
I still anticipate being able to get this to the ZAB on December 13, if not earlier. Please let me know
if you have any questions.
Aaron Sage, AICP
Senior Planner
City of Berkeley
ph 510-981-7425
fax 510-981-7420
Page 61 of 166
PROPOSED PROJECT
PROJECT INFORMATION:
2360 TELEGRAPH AVENUE:
Proposed Biondi’s Cafe
serving beer and wine with hours of operation until 2 a.m.
in an existing retail space.
4,647 s.f. ground floor
1,100 s.f. mezzanine
PROPOSED RESTAURANT FLOOR PLAN
APPLICANT INFORMATION:
Benicia, CA 94510
707.748.7150
For more information check the
Planning Department Web Page:
www.ci.berkeley.ca.us/planning
or call 510.981.7410
PUBLIC NOTICES:
8.5” x 11”
Space for Clear Plastic Sleeves
for Board Notices
8.5” x 11”
Space for Clear Plastic Sleeves
for Board Notices
Page 62 of 166
Page 63 of 166
4 Sep 12, Rev 20 Nov 12
Page 64 of 166
City of Berkeley
Planning Department
2120 Milvia Street
Berkeley, CA 94704
Re:
AUP Application – Project Statement
Biondi’s Café
The proposed Restaurant, to be named Biondi’s Café, will feature salads, gourmet pizza and pasta.
It will cater to the student and staff population at UC Berkeley, as well as the surrounding
neighborhood. It will feature restaurant tables, booths and counter seating with a bistro style
atmosphere.
The previous use was Wet Seal, a clothing store. The project area is approximately 4,647 square
feet of ground floor space, plus an existing storage mezzanine of approximately 1,100 sf. The
interior improvements will include a new commercial kitchen, open seating areas, booths, counter
type seating, accessible restrooms and a product lift for storage of goods on the existing
mezzanine. The restaurant plans to serve a menu of pasta, pizza and salads and will cater to the
student lunch crowd as well as evening dining. Beer and wine will also be served with meals.
Exterior improvements will be limited to replacing a portion of the storefront with new operable
window panels, plus a new sign. The new sign and all associated lighting will be under a separate
permit.
The seating capacity will be approximately 150 as allowed by the Building Code. Distance travelers
will be able to utilize street parking or the Sather Gate Public Garage on Durant Avenue.
Architecture
Planning
Design
Regards,
Mark Thieme, Architect
[1225 AUP Project Description LH.doc]
77 Solano Square
Number 134
Benicia.Ca.94510
Fon.707.748.7150
Fax.707.641.0102
Page 65 of 166
Page 66 of 166
Planning and Development Department
Land Use Planning Division
2120 Milvia Street, 2nd Floor
Berkeley, CA 94704
Page 67 of 166
Zoning Adjustments Board
SUBJECT: 2360 TELEGRAPH AVENUE
Use Permit #12-10000037
WHEN:
Thursday, January 10, 2012.
Meeting starts at 7:00 pm.
WHERE:
Council Chambers, Maudelle Shirek Bldg.
2134 Martin Luther King Jr. Way, 2nd Floor.
Wheelchair accessible.
«NAME1»
«NAME2»
«ADDRESS1»
«ADDRESS2»
2120 Milvia Street, 2nd Floor
Berkeley, CA 94704
Use Permit #12-10000037
WHEN:
Thursday, January 10, 2012.
Meeting starts at 7:00 pm.
WHERE:
Council Chambers, Maudelle Shirek Bldg.
2134 Martin Luther King Jr. Way, 2nd Floor.
Wheelchair accessible.
«Next Record»«NAME1»
«NAME2»
«ADDRESS1»
«ADDRESS2»
Page 68 of 166
Use Permit #12-10000037 to establish a Quick Service Restaurant of 4,647 sq. ft. (plus
storage), exceeding the C-T District’s limitations on the number and size of such restaurants,
and with incidental beer and wine service.
CEQA STATUS: Categorically exempt under Section 15303 of the California Environmental
Quality Act (CEQA) Guidelines (“New Construction or Conversion of Small Structures”).
NOTICE CONCERNING
YOUR LEGAL RIGHTS:
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 or in
written
correspondence
delivered to the Board at, or
prior to, the public hearing.
All persons are welcome to attend the hearing and will be given an opportunity to address the
Board. Comments may be made verbally at the public hearing and/or in writing before the
hearing. The Board may limit the time granted to each speaker.
Send written comments to: Zoning Adjustments Board, Permit Service Center, 2120 Milvia Street,
Berkeley, CA 94704, or e-mail to: [email protected], or fax to: (510) 981-7420. To ensure
inclusion in the packet, submit correspondence seven (7) days before the hearing. For any
correspondence submitted less than seven days before the meeting, submit 15 copies for staff to deliver
to the Board at its meeting.
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.
PLEASE NOTE: email addresses, names, street addresses, and other contact information are not
required, but if included in any communication to a City board, commission or committee, it will become
part of the public record, and will become accessible on the City Website.
Post and Mail Date:
December 21, 2012
The Zoning Application for this project is available at the Permit Service Center, 2120 Milvia Street, Berkeley, and at our website:
The agenda and staff report for this meeting will be available 3 to 5 days prior to this meeting at the Permit Service Center, 2120 Milvia
Street, Berkeley, and at our website:
http://www.cityofberkeley.info/zoningadjustmentsboard
Use Permit #12-10000037 to establish a Quick Service Restaurant of 4,647 sq. ft. (plus
storage), exceeding the C-T District’s limitations on the number and size of such restaurants,
and with incidental beer and wine service.
CEQA STATUS: Categorically exempt under Section 15303 of the California Environmental
Quality Act (CEQA) Guidelines (“New Construction or Conversion of Small Structures”).
NOTICE CONCERNING
YOUR LEGAL RIGHTS:
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 or in
written
correspondence
delivered to the Board at, or
prior to, the public hearing.
Post and Mail Date:
December 21, 2012
All persons are welcome to attend the hearing and will be given an opportunity to address
the Board. Comments may be made verbally at the public hearing and/or in writing before
the hearing. The Board may limit the time granted to each speaker.
Send written comments to: Zoning Adjustments Board, Permit Service Center, 2120 Milvia Street,
Berkeley, CA 94704, or e-mail to: [email protected], or fax to: (510) 981-7420. To ensure
inclusion in the packet, submit correspondence seven (7) days before the hearing. For any
correspondence submitted less than seven days before the meeting, submit 15 copies for staff to
deliver to the Board at its meeting.
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.
PLEASE NOTE: email addresses, names, street addresses, and other contact information are not
required, but if included in any communication to a City board, commission or committee, it will
become part of the public record, and will become accessible on the City Website.
The Zoning Application for this project is available at the Permit Service Center, 2120 Milvia Street, Berkeley, and at our website:
The agenda and staff report for this meeting will be available 3 to 5 days prior to this meeting at the Permit Service Center, 2120 Milvia
Street, Berkeley, and at our website:
http://www.cityofberkeley.info/zoningadjustmentsboard
2360 TELEGRAPH AVE
NAME1
ASUC Attn%253A Municipal Lobby
Telegraph Avenue Residents Group
Willard Neighborhood Group
Carol Lipnick
Telegraph Area Association
University of California Berkeley PDC Dept
Urban Creeks Council
Bananas Inc.
REGENTS OF THE UNIVERSITY OF C
JANGMI LLC
CHANNING WAY 2003 LLC
AFFAIRS LLC & THREE SMART MONK
ZEMEL ARTHUR & LEVIN DOROTHY T
2509 DURANT LLC
TAYLOR SPRINGS MANAGEMENT LLC
FORTUNEWORLD INC
LIVING CITY INVESTMENTS LLC
AYYAD FUAD & MUNA I
SARACHAN KENNETH
FIRST PRESBYTERIAN CHURCH OF B
RUE ELL ENTERPRISES INC
CHITRCHARATN NIRAMOL
DOWNEY NANCY B TR & ROUSH VIRG
LANDIS JUDSON R & SHERON C TRS
RSGF GRANADA BUILDING LLC
CAMOU TELEGRAPH AVENUE PROPERT
TOWNSEND I LLC
DURANT PLACE
MAHONEY MICHAEL T TR & WHITE K
GOODHUE NEIL B & DIANE C TRS
HUNOLT JAMES B TR & THOMAS E T
FUENTES JENNAN K
BERKELEY ASSOCIATES LLC
DABEL GREGORY J & KAREN L ETAL
OCCUPANT
196 NOTICES
NAME2
MUNICIPAL LOBBY DIRECTOR
WAYNE ABBOT
SHEILA HOLDERNESS (OCUPT)
CAROL LIPNICK (OCCUPANT)
KATHY BERGER (OCCUPANT)
UNIV. OF CA BERKELEY
CAROLE SCHEMMERLING (OPT)
ARLYCE CURRIE
1111 FRANKLIN ST 6
1144 CAMINO VALLECITO
1367 27TH AVE
140 2ND ST%2C 2ND FLOOR
1504 S EL CAMINO REAL
1900 S NORFOLK ST 350
1901 OLYMPIC BLVD 100
200 CREEDON CIR
2301 ASHBY AVE A
2312 TELEGRAPH AVE
2401 TELEGRAPH AVE
2407 DANA ST
2437 DURANT AVE
2511 CHANNING WAY
360 17TH ST 206
3701 WINDING CREEK RD
551 FIFTH AVE
631 TANGLEWOOD DR
731 SANSOME ST 2ND
7705 POTRERO AVE
P O BOX 2277
P.O. BOX 11015
PO BOX 156
PO BOX 2905
PO BOX 680
PO BOX 85
2301 TELEGRAPH AVE
MAILED OUT 12-20-12
Page 69 of 166
ADDRESS1
200 ESHLEMAN HALL
2449 DWIGHT WAY APT 45
2440 STUART ST
2510 TELEGRAPH AVE
2509 HASTE ST
300 A&E BUILDING
861 REGAL RD
5232 CLAREMONT AVE
OAKLAND CA94607
LAFAYETTE CA94549
SAN FRANCISCO CA94122
SAN MATEO CA94402
SAN MATEO CA94403
WALNUT CREEK CA94596
ALAMEDA CA94502
BERKELEY CA94705
BERKELEY CA94704
BERKELEY CA94704
BERKELEY CA94704
BERKELEY CA94704
BERKELEY CA94704
OAKLAND CA94612
SACRAMENTO CA95864
NEW YORK NY10176
SYKESVILLE MD21784
EL CERRITO CA94530
BORREGO SPRINGS CA92004
OAKLAND CA94611
MANCHESTER CA95459
BERKELEY CA94702
ALAMO CA94507
GRATON CA95444
Berkeley, CA 94704
ADDRESS2
UNIV. CA BERKLEY
BERKELEY CA 94704
BERKELEY CA 94705
BERKELEY CA 94704
BERKELEY CA 94704
BERKELEY CA 94720
BERKELEY CA 94708
OAKLAND CA 94618
PROJECT
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 12-20-12
Page 70 of 166
196 NOTICES
2310 TELEGRAPH AVE
2327 TELEGRAPH AVE
2328 TELEGRAPH AVE
2347 TELEGRAPH AVE
2350 TELEGRAPH AVE
2360 TELEGRAPH AVE
2369 TELEGRAPH AVE
2375 TELEGRAPH AVE
2380 TELEGRAPH AVE
2386 TELEGRAPH AVE
2392 TELEGRAPH AVE
2409 TELEGRAPH AVE
2414 TELEGRAPH AVE
2414 TELEGRAPH AVE 206
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 12-20-12
Page 71 of 166
196 NOTICES
2419 DURANT AVE
2419 DURANT AVE 1
2419 DURANT AVE 10
2419 DURANT AVE 2
2419 DURANT AVE 22
2419 DURANT AVE 23
2419 DURANT AVE 24
2419 DURANT AVE 25
2419 DURANT AVE 26
2419 DURANT AVE 27
2419 DURANT AVE 28
2419 DURANT AVE 29
2419 DURANT AVE 3
2419 DURANT AVE 30
2419 DURANT AVE 31
2419 DURANT AVE 32
2419 DURANT AVE 33
2419 DURANT AVE 34
2419 DURANT AVE 35
2419 DURANT AVE 36
2419 DURANT AVE 37
2419 DURANT AVE 38
2419 DURANT AVE 39
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 12-20-12
Page 72 of 166
196 NOTICES
2419 DURANT AVE 4
2419 DURANT AVE 5
2419 DURANT AVE 6
2419 DURANT AVE 7
2419 DURANT AVE 8
2419 DURANT AVE 9
2419 DURANT AVE A
2419 DURANT AVE B
2425 DURANT AVE
2425 DURANT AVE 1
2425 DURANT AVE 2
2425 DURANT AVE 3
2431 CHANNING WAY
2431 CHANNING WAY BID
2433 DURANT AVE
2433 DURANT AVE A
2433 DURANT AVE B
2433 DURANT AVE C
2433 DURANT AVE D
2433 DURANT AVE E
2433 DURANT AVE F
2433 DURANT AVE G
2436 DURANT AVE
2439 DURANT AVE
2462 BANCROFT WAY
2470 BANCROFT WAY
2480 BANCROFT WAY
2486 CHANNING WAY
2500 DURANT AVE
2500 DURANT AVE 201
2500 DURANT AVE 202
2500 DURANT AVE 203
2500 DURANT AVE 204
2500 DURANT AVE 205
2500 DURANT AVE 206
2500 DURANT AVE 207
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 12-20-12
Page 73 of 166
196 NOTICES
2500 DURANT AVE 208
2500 DURANT AVE 209
2500 DURANT AVE 210
2500 DURANT AVE 211
2500 DURANT AVE 301
2500 DURANT AVE 302
2500 DURANT AVE 303
2500 DURANT AVE 304
2500 DURANT AVE 305
2500 DURANT AVE 306
2500 DURANT AVE 307
2500 DURANT AVE 308
2500 DURANT AVE 309
2500 DURANT AVE 310
2500 DURANT AVE 311
2500 DURANT AVE 401
2500 DURANT AVE 402
2500 DURANT AVE 403
2500 DURANT AVE 404
2500 DURANT AVE 405
2500 DURANT AVE 406
2500 DURANT AVE 407
2500 DURANT AVE 408
2500 DURANT AVE 409
2500 DURANT AVE 410
2500 DURANT AVE 411
2500 DURANT AVE 501
2500 DURANT AVE 502
2500 DURANT AVE 503
2500 DURANT AVE 504
2500 DURANT AVE 505
2500 DURANT AVE 506
2500 DURANT AVE 507
2500 DURANT AVE 508
2500 DURANT AVE 509
2500 DURANT AVE 510
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MARK THIEME
196 NOTICES
2500 DURANT AVE 511
2500 DURANT AVE 7
2508 CHANNING WAY
2510 DURANT AVE
2513 DURANT AVE
2515 DURANT AVE
2516 DURANT AVE
2516 DURANT AVE A
2516 DURANT AVE B
2517 DURANT AVE
2517 DURANT AVE A
2517 DURANT AVE B
2517 DURANT AVE C
2517 DURANT AVE D
2535 CHANNING WAY
2538 CHANNING WAY
77 SOLANO SQ., #134
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
BENICIA, CA 94510
MAILED OUT 12-20-12
Page 74 of 166
2360
2360
2360
2360
2360
2360
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2360
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2360
2360
2360
2360
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2360
Page 75 of 166
PROOF OF SERVICE
DATE:
January 15, 2013
TO:
Whom It May Concern
FROM:
Melinda Jacob, OSII
SUBJECT:
USE PERMIT #12-10000037 – 2360 TELEGRAPH AVENUE
I, the undersigned, certify that I am employed in the City of Berkeley, County of
Alameda, California; that I am over eighteen years of age; that I am not a party to the
within action; and that my business address is 2120 Milvia Street, Berkeley, California
94704. On this date, I served the following documents:
DECISION OF ZONING ADJUSTMENTS BOARD FOR
USE PERMIT #12-10000037 – 2360 TELEGRAPH AVENUE
On the parties stated below by placing true copies thereof in sealed envelope(s)
addressed as shown below by the following means of service:
Mark Thieme
77 Solano Sq., #134
Benicia, CA 94510
Ken Sarachan
2401 Telegraph Ave.
Berkeley, CA 94704
By First Class Mail - I am readily familiar with the City's practice for collecting and
processing of correspondence for mailing. Under the practice, the
correspondence is deposited with the U.S. Postal Service on the same day as
collected, with First Class postage thereon fully prepaid, in Berkeley, California,
for mailing to the addressee following ordinary business practices.
By Personal Service - I caused each such envelope to be given to the City of
Berkeley mail service person to personally deliver to the office of the addressee.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
January 15, 2013 at Berkeley, California.
Melinda Jacob, OSII
Fax: 510.981.7420
Z
O
Page 76 of 166
N
I
N
G
B
O
N o t i c e
A
o f
R
D
D e c i s i o n
DATE OF BOARD DECISION: January 10, 2013
DATE NOTICE MAILED: January 15, 2013
APPEAL PERIOD EXPIRATION: January 29, 2013
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification)1: January 30, 2013
sq. ft. (plus storage), exceeding the C-T District’s limitations on the number
and size of such restaurants, with incidental beer and wine service and
hours of operation until 2 a.m.
The Zoning Adjustments Board of the City of Berkeley, APPROVED the following permits:
storage) exceeding the limits on the number and size of such uses (30 restaurants
allowed, 47 existing; 1,500 sq. ft. size limit), under BMC Section 23E.56.040.B
California Environmental Quality Act (CEQA) Guidelines (“New Construction or Conversion of
1 Pursuant to BMC Section 23B.32.090, the City Council may “certify” any decision of the ZAB for review, which
has the same effect as an appeal. In most cases, the Council must certify the ZAB decision during the 14-day
appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a
Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess,
plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal
or certification, the Use Permit becomes effective the next business day after the certification deadline has
passed.
NOTICE OF DECISION
Use Permit # 12-10000037
January 15, 2013
Page 2 of 5
Page 77 of 166
FINDINGs AND CONDITIONS ARE ATTACHED TO THIS NOTICE
BOARD VOTE: 6-0-0-3
YES:
ALLEN, ALVAREZ COHEN, HONG, KOPELSON, FELLER, TEGRUB
NO:
ABSTAIN:
ABSENT:
GROVES, MIKITEN, WILLIAMS
TO APPEAL THIS DECISION (see Section 23B.32.050 of the Berkeley Municipal Code):
To appeal a decision of the Zoning Adjustments Board to the City Council you must:
1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City
Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.
The City Clerk’s telephone number is (510) 981-6900.
2. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION"
date shown above (if the close of the appeal period falls on a weekend or holiday, then the
appeal period expires the following business day).
3. Submit the required appeal fee (checks and money orders payable to “City of Berkeley”):
a. The fee for persons other than the applicant is $500. This fee may be reduced to $100 if
the appeal is signed by persons who lease or own at least 50 percent of the parcels or
dwelling units within 300 feet of the project site, or at least 25 such persons (not
including dependent children), whichever is less. The fee for all appeals by Applicants is
$2500.
If no appeal is received, the permit will be issued on the first business day following expiration
of the appeal period, and the project may proceed at that time.
g:\landuse\projects
by address\telegraph\2360\up 12-10000037\documents finals\2013-0115_zab_nod_2360 telegraph.docx
NOTICE OF DECISION
Use Permit # 12-10000037
January 15, 2013
Page 3 of 5
Page 78 of 166
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision 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.
Land Use Planning Division in writing of your desire to receive a Notice of Decision when it
is completed.
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.
reason constitutes a “taking” of property for public use without just compensation under the
California or United States Constitutions, your appeal of this decision must including the
following information:
forth above.
g:\landuse\projects
NOTICE OF DECISION
Use Permit # 12-10000037
January 15, 2013
Page 4 of 5
Page 79 of 166
PUBLIC COMMENT:
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.
FURTHER INFORMATION:
plans, may be viewed at the Land Use Planning Division, 2120 Milvia Street, 2nd floor, Monday
through Friday from 8:30 a.m. to 4 p.m. (except on holidays and reduced service days; check
City’s website for details).
ATTACHMENTS:
1. Findings and Conditions
2. Project Plans, received NOVEMBER 20, 2012
ATTEST:
cc:
Terry Blount, Secretary
City Clerk
Building and Safety Division
Central Library - Reference Desk
Public Works Engineering Division
ZAB Members
First Source
Kathryn Hoover, Housing Department
Applicant:
Mark Thieme
77 Solano Square, #134
Benicia, CA 94510
g:\landuse\projects
NOTICE OF DECISION
Use Permit # 12-10000037
January 15, 2013
Page 5 of 5
Page 80 of 166
Property Owner:
Ken Sarachan
Berkeley, CA 94704
g:\landuse\projects
Page 81 of 166
Attachment 1
JANUARY 10, 2013
CEQA FINDINGS
1.
2.
in Finding 3 below.
Page 2 of 12
Page 82 of 166
January 10, 2013
3.
follows:
proposed project.
Subarea.
proposed project.
vehicular traffic.
January 10, 2013
Page 83 of 166
Page 3 of 12
in the City.
City required.
District.
Page 4 of 12
Page 84 of 166
January 10, 2013
and services.
January 10, 2013
Page 85 of 166
Page 5 of 12
litter.
District.
4.
5.
Page 6 of 12
Page 86 of 166
January 10, 2013
6.
7.
8.
9.
1.
2.
project.
1.
are not acceptable.
January 10, 2013
2.
Page 87 of 166
Page 7 of 12
3.
4.
A.
B.
23B.56.020.A.
5.
6.
7.
Page 8 of 12
Page 88 of 166
January 10, 2013
Condition #8 below.
8.
9.
A.
B.
lawfully commenced.
C.
10.
11.
12.
January 10, 2013
Page 89 of 166
Page 9 of 12
prohibited;
13.
final inspection.
14.
15.
16.
17.
18.
Page 10 of 12
Page 90 of 166
January 10, 2013
19.
20.
21.
public sidewalk.
22.
23.
24.
or parties.
25.
26.
January 10, 2013
Page 91 of 166
Page 11 of 12
27.
regulations.
28.
a building permit.
29.
30.
patrons arrive.
31.
32.
33.
Municipal Code.
34.
35.
remains clean.
Page 12 of 12
Page 92 of 166
January 10, 2013
36.
37.
Page 93 of 166
PLANS APPROVED by
January 10, 2013
ATTACHMENT 2
ZAB 01-10-13
Page 1 of 2
Page 94 of 166
ATTACHMENT 2
ZAB 01-10-13
Page 2 of 2
PLANS APPROVED by
January 10, 2013
Page 95 of 166
February 20, 2013
Mark Thieme
Benicia, CA 94510
Subject: USE PERMIT: #12-10000037 – 2360 TELEGRAPH AVENUE
Dear Applicant:
Congratulations on the approval of your Use Permit – you can now remove your yellow
Project Development Sign! Attached is your Use Permit with Findings and Conditions
(and environmental mitigations if appropriate). Please carefully review the attached
information so that you understand the Findings and Conditions. If you will be
submitting plans to the City's Permit Services Center for a building permit, please be
aware of two standard conditions of approval that will apply to your project:
1.
The attached Findings and Conditions must be reproduced in one central
location in the plan set, preferably on the title or cover sheet of the plans.
2.
There may be Findings and Conditions that require signatures from other City
agencies (such as Solid Waste Management or Traffic Engineering). Those
signatures (on a copy of the Findings and Conditions page) must be
accompanied by the plans or documents that were approved by that agency.
These items must be submitted with the plan check submittal for routing to the
Land Use Planning Division.
To help avoid delays during plan check review, please submit all of the required
information with your plan check submittal. If your use permit requires a building permit,
please contact the Permit Service Center at 981-7500 for permit submittal requirements
and to schedule an appointment to submit your project for plan review. If the above
mentioned items are not included with your plan check submittal, you will automatically
receive a correction notice. If you have any questions, please contact your Project
Planner at (510) 981-7410.
Thank you.
Attachment:
Use Permit, Findings and Conditions, Plans
Fax: 510.981.7420
Page 96 of 166
Land Use Planning
U S E
P E R M I T
CITY OF BERKELEY ZONING ORDINANCE
Berkeley Municipal Code Title 23
USE PERMIT # 12-10000037
Property Address:
Permittee Name:
MARK THIEME
Use and/or Construction Permitted:
to establish a Quick Service Restaurant of 4,647 sq. ft. (plus storage), exceeding the C-T
District’s limitations on the number and size of such restaurants, with incidental beer and wine
FINDINGS, CONDITIONS AND APPROVED PLANS ATTACHED
The Use Permit herein described has been duly granted by the Zoning Adjustments Board and
is in effect on January 30, 2013.
Page 97 of 166
Attachment 1
JANUARY 10, 2013
CEQA FINDINGS
1.
2.
in Finding 3 below.
Page 2 of 12
Page 98 of 166
January 10, 2013
3.
follows:
proposed project.
Subarea.
proposed project.
vehicular traffic.
January 10, 2013
Page 99 of 166
Page 3 of 12
in the City.
City required.
District.
Page 4 of 12
Page 100 of 166
January 10, 2013
and services.
January 10, 2013
Page 101 of 166
Page 5 of 12
litter.
District.
4.
5.
Page 6 of 12
Page 102 of 166
January 10, 2013
6.
7.
8.
9.
1.
2.
project.
1.
are not acceptable.
January 10, 2013
2.
Page 103 of 166
Page 7 of 12
3.
4.
A.
B.
23B.56.020.A.
5.
6.
7.
Page 8 of 12
Page 104 of 166
January 10, 2013
Condition #8 below.
8.
9.
A.
B.
lawfully commenced.
C.
10.
11.
12.
January 10, 2013
Page 105 of 166
Page 9 of 12
prohibited;
13.
final inspection.
14.
15.
16.
17.
18.
Page 10 of 12
Page 106 of 166
January 10, 2013
19.
20.
21.
public sidewalk.
22.
23.
24.
or parties.
25.
26.
January 10, 2013
Page 107 of 166
Page 11 of 12
27.
regulations.
28.
a building permit.
29.
30.
patrons arrive.
31.
32.
33.
Municipal Code.
34.
35.
remains clean.
Page 12 of 12
Page 108 of 166
January 10, 2013
36.
37.
Page 109 of 166
PLANS APPROVED by
January 10, 2013
ATTACHMENT 2
ZAB 01-10-13
Page 1 of 2
Page 110 of 166
ATTACHMENT 2
ZAB 01-10-13
Page 2 of 2
PLANS APPROVED by
January 10, 2013
Page 111 of 166
TRA
Christine Daniel
City Manager
2180 Milvia Street,
Berkeley, CA 94704
March
TELEGRAPH
RESTAURANT
ASSOCIATION
24, 2013
Dear Ms Daniel,
I was the person who spoke at the last City council meeting representing several restaurants
concerned about the issuance of the Quick Service Use Permit at 2360 Telegraph Avenue.
Since the Mayor specifically asked you to look into the issues discussed in my presentation I
thought I would share relevant information with you that we discovered during our investigation
into this matter. As you will see below, there were many irregularities and illegalities
surrounding the application and issuance of the Quick Service Permit at 2360 Telegraph. In
particular we will describe:
1. Failure to notify numerous businesses on the same block as 2360 Telegraph.
2. Questions whether mailings of the Notice of Hearing even went out to anyone.
3. Lack of posting of the Proposed Development sign as required under the Municipal Code.
4. Failure of Applicant to submit the required photo showing the Proposed Development poster
located at the Site.
Because of these irregularities, we are requesting that the City rescind, without prejudice, the
Quick Service Use Permit granted at 2360 Telegraph. Rescinding the permit without prejudice,
would allow the applicant to reapply for the Quick Service Use Permit, provided they follow the
correct notification and posting guidelines as required by the Zoning Department and Municipal
code. Additionally, as the applicant may be applying for a building permit, we ask the City to
delay the issuance of such a permit until this matter can be fully investigated and resolved.
This whole issue became relevant two weeks ago, when we were stunned to learn that the
former Wet Seal clothing store at 2360 Telegraph is now set to be a quick service restaurant
featuring salad, pizzas and pasta. This would create the largest ground floor restaurant on the
entire avenue at over 4,500 sq. ft. We received no notice of a proposed change and in fact,
there was no yellow "Proposed Development" sign in the window of 2360 Telegraph until two
weeks ago. Upon seeing the sign last week we went to the zoning website to check when a
hearing might be scheduled, only to discover the ZAB hearing already took place on January
10th! None of the businesses in our Association received any notice of the proposed
development, hearing or appeal period as a required by law. Upon further review almost
EVERY business within the required notice guidelines was left off the mailing list. The following
businesses were NOT notified of the proposed change of use at 2360 Telegraph:
alphabetize
Cream
Smart Alec's
Tako Sushi
2399 Telegraph
2355 Telegraph
2379 Telegraph
Page 112 of 166
Pasta in a box
Hi Times
Big Al's
The Melt
Noah's bagels
Crepes a Go Go
Pappy's Grill
Hot Topic
Gypsy’s
IB Hoagies
Manhattan Grill
2384 Telegraph
2374 Telegraph
2382 Telegraph
2400 Telegraph
2344 Telegraph
2334 Telegraph
2367 Telegraph
2332 Telegraph
2519 Durant
2513 Durant
2518 Durant
This is by no means an exhaustive list. This is just the businesses we looked into.
What’s more, several tenants and business owners that were on the purported “Zoning mailing
list” never received ANY notice from the City about the proposed development. This includes,
but not limited to:
Sam's Market
Kips Restaurant
Fat Slice Pizza
Tenant
Tenant
2312 Telegraph
2439 Durant
2375 Telegraph
2500 Durant Apt # 503
2500 Durant Apt #501
We cannot find a single business owner or tenant in the notification area that received the notice
of proposed use, notice of hearing or the notice of appeal period. We have attached a map of
Telegraph Avenue showing the lack of Notice mailing.
FURTHERMORE, the Proposed Development Project Sign posting requirements were also
violated. As mentioned, we noticed the required PROPOSED PROJECT poster was only put in
the window of 2360 Telegraph only 2 weeks ago. We have talked to numerous business
owners, street merchants and property owners and the general consensus is that the poster has
only been in the window a couple of weeks.
Additionally, the applicants OWN records show the development poster was never displayed as
required by Berkeley Municipal code even though the applicants OTHER projects on Telegraph
Avenue met the posting requirements. The applicant knows the law and posting requirements,
but chose to ignore it in this case. We have attached pictures supporting this in Exhibit 1:
Page 1: Proposed Project Poster PHOTO for the applicants project at 2501 Haste.
Page 2: Proposed Project Poster PHOTO for the applicants project at 2401 Telegraph
Page 3: Proposed Project Poster PHOTO for the applicants project at 2545 Telegraph
Page 4: a PDF file for a Poster (NOT A PHOTO OF THE POSTER ON THE SITE) for 2360
Telegraph
Page 5: First page of Applicants Zoning Project Application Form showing the filing date of
September 5th, 2012
Page 6-8: EMAILS between the zoning department and the Applicant's architect requesting
"Photo of yellow pre-application poster sign per item I.E of the Zoning Project Submittal
Requirements" DATED OCTOBER 11 and 30th. the applicants Architect DID NOT SUBMIT A
PHOTO as required, but rather a PDF VERSION OF THE POSTER as shown on page 4.
Page 9: item I.E of the Zoning Project Submittal Requirements which CLEARLY STATES "a
color photo of the pre-application poster installed at front of site, visible to passersby."
Clearly, the applicant KNEW of the posting requirements for the Proposed project Sign as
Page 113 of 166
evidenced by his other projects. When the zoning department requested the photo, the
response was a PDF file of the poster, not a photo of the Poster on the site.
At this time we would like to point out the requirements under the City Municipal Code:
23B.32.020 Public Notice Requirements
Prior to the Board’s consideration of any Use Permit, a notice of the public hearing on the matter
shall be given as described herein:
A. The Zoning Officer shall prepare a Notice of Public Hearing containing information on the
proposed construction or use, for each Use Permit application to be considered by the Board
including the following information:
1.
A written summary of the project;
2.
The number of Dwelling Units or square feet of gross floor area; and
3. Attachments or other information that, in the judgment of the Zoning Officer, are necessary
to describe and illustrate the application.
B. The notice shall also include the environmental review status under the California
Environmental Quality Act (CEQA), directions on how to obtain further information, the location
and times in which the application may be reviewed by the public, how to submit written
comments and information on the time and location of the public hearing.
C. A Notice of Public Hearing shall be posted at three visible locations in the vicinity of the
subject property, and at a bulletin board at the Zoning Counter, not fewer than 14 days prior to
the hearing; except that the time period for posting the notice may be either for a longer time
period when required by state law or extended by the Zoning Officer and/or Board to a
maximum of 30 days for applications of major significance.
D. The Notice of Public Hearing shall also be mailed, not fewer than 14 days prior to the
hearing, to:
1. Neighborhood and community organizations listed in the registry of
neighborhood/community organizations within whose expressed area of interest the project
falls;
2.
The owners of properties and residents in the affected area; and
3.
The Main Library.
We also had several people at the main library research this issue and they could not locate a
copy of the notice. They have a summary of the January 10th ZAB meeting with contains a
copy of the notice, but they could not locate a mailed copy prior the ZAB meeting.
Page 114 of 166
IMMEDIATE ACTION REQUIRED
We are asking that immediate action is taken and that you halt the issuance of any building
permit and rescind, without prejudice, the Quick Service Food Use Permit granted at 2360
Telegraph. It appears there are numerous irregularities and illegalities associated with the
issuance of this permit. We cannot allow a project of this magnitude, both in physical size and
potential damaging consequences to our existing businesses, to go unchallenged. If the City
rescinded the permit without prejudice the applicant could reapply, following proper notice
guidelines and the issue could be properly heard.
Thank you for your prompt attention in this matter.
Very truly yours,
Alex Popov
Telegraph Restaurant Association
[email protected]
(415)269-1849
Page 115 of 166
Page 116 of 166
2501-2509 Haste
For this recent project, the same applicant properly posted the sign, and submitted this photo with his
application showing the poster on the site.
Page 117 of 166
2401 Telegraph Ave
ALSO, for this recent project, the same applicant properly posted the sign, and submitted this photo
with his application showing the poster on the site.
Page 118 of 166
2545-2460 Telegraph Ave
AGAIN, for this recent project, the same applicant properly posted the sign, and submitted this photo
with his application showing the poster on the site.
Page 119 of 166
2360 Telegraph Ave
HOWEVER, for 2360 Telegraph, the Applicant DID NOT SUBMIT a PHOTO and instead only submitted a
PDF file of the sign as shown above, further confirming the poster WAS NEVER POSTED ON THE SITE.
Page 120 of 166
Page 121 of 166
Sage, Aaron E.
From:
Sent:
To:
Cc:
Subject:
Attachments:
Mark Thieme [[email protected]]
Tuesday, October 30, 2012 7:50 AM
Sage, Aaron E.; 'Renee Thieme'
'Mark Thieme'
Re: 2360 Telegraph - application incomplete
2360 Telegraph - Use Permit Poster FINAL.pdf
Please find attached a copy of the project site poster for 2360 Telegraph Avenue. Also, here are the answers to your questions:
1. I talked to Ken Sarachan, the building owner, who is also the operator for this business. He owns the properties and operates
a number of businesses on the avenue including Blondie's Pizza, Rasputin Music and Bear Basics.
2. We discussed the bar area and he said that they will only be serving beer and wine, no hard liquor. The bar area is an eating
3.
counter and not 'bar' in the typical sense. Do you want me to re-label the plans to say eating counter? Please let me know.
There will be no live music at this location.
Please let me know if you need anything else.
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Renee,
Please use the following project description: ?Proposed Biondi?s café serving beer and wine with
hours of operation until 2 a.m. in an existing retail space?. If this is too long for the available space,
I?d suggest deleting ?Biondi?s? and ?in an existing retail space?.
Page 122 of 166
Please use a floor plan.
Let me know if you have any further questions.
Aaron
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Aaron,
Per Mark?s request, I am sending you a draft of the 2360 Telegraph Application Use Permit Poster for your review. Do
you recommend using the elevation or floor plan to be placed in the required space? I am also waiting for the final s.f.
number.
Please let me know if you have any other corrections and a final will be sent to you for your approval.
Renee Thieme
Benicia, CA 94510
707.748.7150 phone
707.641.0102 fax
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Hi Mark,
I?ve reviewed this application and it is incomplete pending receipt of the following:
Photo of yellow pre-application poster sign, per Item I.E of the Zoning Project Submittal
Requirements.
Zoning Use Questionnaire (under ?Alcoholic Beverages? on the second page) states that alcohol
will not be served at a bar, yet this conflicts with the applicant statement and the floor plan. Please
submit a revised questionnaire with this
In addition, I?ve determined that we overcharged for this application. The correct fee for the Use
)
Page 123 of 166
I still anticipate being able to get this to the ZAB on December 13, if not earlier. Please let me know
if you have any questions.
Aaron Sage, AICP
Senior Planner
City of Berkeley
ph 510-981-7425
fax 510-981-7420
Zoning Projects – Application Submittal Requirements
City of Berkeley Planning & Development Dept.
Page 3 of 14
June 2012
Page 124Effective
of 166
I. Required For All Projects
E.
Pre-Application Poster
Required /
Submitted?
Submit a color photo of the pre-application poster installed at front of site, visible
to passersby.
Guidelines available online at:
http://www.ci.berkeley.ca.us/uploadedFiles/Online_Service_Center/Planning/GuidelineI.E.PreAppSignInstructions.pdf.
Sample signs available online at:
Small projects:
http://www.ci.berkeley.ca.us/uploadedFiles/Online_Service_Center/Planning/GuidelineI.E.PreAppSignSample_SmallProjects.pdf
Large projects:
http://www.ci.berkeley.ca.us/uploadedFiles/Online_Service_Center/Planning/GuidelineI.E.PreAppSignSample_LargeProjects.pdf
F.
Site Photographs
Submit One Set:
1. On 8½" x 11" sheets with captions or a key giving the location of each
photo.
2. Provide adequate photos to show entire project site and all adjacent
buildings. Where possible, take wide-angle shots showing project site and
adjacent buildings together.
Grayscale preferred.
A.
II. Required For All Projects Involving Construction
(Includes New Structures, Additions, Demolition or Exterior Alterations)
Plans – General Requirements
1. All plans must include:
Project address
Scale (common architect’s scales preferred)
North arrow
Dates of preparation and revision
Legend describing all symbols and notations
Name of person preparing the plans
Building Code, Construction, and Occupancy Type
Tabular Data
G:\LANDUSE\Forms & Instructions\Land Use Planning Forms\WORD Files\FORMS_All\Zoning Project Submittal Requirements_05-14-2012.doc
Page 125 of 166
Page 126 of 166
Planning and Development
Office of the Director
Date: April 11, 2013
To: Whom it may concern
RE: 2360 Telegraph Avenue Use Permit (UP) Application No. 12-10000037
On January 10, 2013 the Zoning Adjustment Board approved UP 12-10000037 for a restaurant
at 2360 Telegraph Avenue as described in the attached Notice of Decision (NOD). In a March
24, 2013 letter to the City Manager, Alex Popov, representing the Telegraph Restaurant
Association (TRA), raised several issues about the public noticing of UP No. 12-10000037. I
have investigated the complaint and believe it is in the best interests of the City of Berkeley to
cure and correct any possible noticing issues associated with UP No. 12-10000037.
Therefore, you are receiving this re-issue of the NOD for UP No. 12-10000037. The re-issued
NOD is being sent to the Main Library, property owners and occupants within three hundred
feet of 2360 Telegraph Ave as well as any organizations listed with the City within whose
expressed area of interest the project falls. The reissuing of the NOD will start a 14 day appeal
period during which anyone aggrieved by the decision of the Zoning Adjustment Board to
approve UP No. 12-10000037 may appeal that decision to the City Council. If such an appeal
is filed, it will be scheduled for review by the City Council in the most expeditious manner
possible.
Sincerely,
Eric Angstadt
Director of Planning and Development
Planning a Safe and Sustainable Future for Berkeley
2118 Milvia Street, Suite 300, Berkeley, CA 94704 Tel: 510.981-7400 TDD: 510.981-6903
Fax: 510.981-7470
Z
O
Page 127 of 166
N
I
N
G
B
O
N o t i c e
A
o f
R
D
D e c i s i o n
DATE OF BOARD DECISION: January 10, 2013
DATE NOTICE MAILED: April 11, 2013
APPEAL PERIOD EXPIRATION: April 25, 2013
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification)1: April 26, 2013
sq. ft. (plus storage), exceeding the C-T District’s limitations on the number
and size of such restaurants, with incidental beer and wine service and
hours of operation until 2 a.m.
The Zoning Adjustments Board of the City of Berkeley, APPROVED the following permits:
California Environmental Quality Act (CEQA) Guidelines (“New Construction or Conversion of
1 Pursuant to BMC Section 23B.32.090, the City Council may “certify” any decision of the ZAB for review, which
has the same effect as an appeal. In most cases, the Council must certify the ZAB decision during the 14-day
appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a
Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess,
plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal
or certification, the Use Permit becomes effective the next business day after the certification deadline has
passed.
NOTICE OF DECISION
Use Permit # 12-10000037
April 11, 2013
Page 2 of 5
Page 128 of 166
FINDINGs AND CONDITIONS ARE ATTACHED TO THIS NOTICE
BOARD VOTE: 6-0-0-3
YES:
ALLEN, ALVAREZ COHEN, HONG, KOPELSON, FELLER, TEGRUB
NO:
ABSTAIN:
ABSENT:
GROVES, MIKITEN, WILLIAMS
TO APPEAL THIS DECISION (see Section 23B.32.050 of the Berkeley Municipal Code):
To appeal a decision of the Zoning Adjustments Board to the City Council you must:
1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City
Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.
The City Clerk’s telephone number is (510) 981-6900.
2. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION"
date shown above (if the close of the appeal period falls on a weekend or holiday, then the
appeal period expires the following business day).
3. Submit the required appeal fee (checks and money orders payable to “City of Berkeley”):
a. The fee for persons other than the applicant is $500. This fee may be reduced to $100 if
the appeal is signed by persons who lease or own at least 50 percent of the parcels or
dwelling units within 300 feet of the project site, or at least 25 such persons (not
including dependent children), whichever is less. The fee for all appeals by Applicants is
$2500.
If no appeal is received, the permit will be issued on the first business day following expiration
of the appeal period, and the project may proceed at that time.
g:\landuse\projects
NOTICE OF DECISION
Use Permit # 12-10000037
April 11, 2013
Page 3 of 5
Page 129 of 166
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision 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.
Land Use Planning Division in writing of your desire to receive a Notice of Decision when it
is completed.
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.
reason constitutes a “taking” of property for public use without just compensation under the
California or United States Constitutions, your appeal of this decision must including the
following information:
forth above.
g:\landuse\projects
Page 130 of 166
NOTICE OF DECISION
Use Permit # 12-10000037
April 11, 2013
Page 4 of 5
PUBLIC COMMENT:
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.
FURTHER INFORMATION:
plans, may be viewed at the Land Use Planning Division, 2120 Milvia Street, 2nd floor, Monday
through Friday from 8:30 a.m. to 4 p.m. (except on holidays and reduced service days; check
City’s website for details).
ATTACHMENTS:
1. Findings and Conditions
2. Project Plans, received NOVEMBER 20, 2012
ATTEST:
cc:
Terry Blount, Secretary
City Clerk
Building and Safety Division
Central Library - Reference Desk
Public Works Engineering Division
ZAB Members
First Source
Kathryn Hoover, Housing Department
Alex Popov, Telegraph Restaurant Association
Applicant:
Mark Thieme
g:\landuse\projects
NOTICE OF DECISION
Use Permit # 12-10000037
April 11, 2013
Page 5 of 5
Page 131 of 166
Benicia, CA 94510
Property Owner:
Ken Sarachan
Berkeley, CA 94704
g:\landuse\projects
Page 132 of 166
Attachment 1
JANUARY 10, 2013
CEQA FINDINGS
1.
2.
in Finding 3 below.
Page 2 of 12
Page 133 of 166
January 10, 2013
3.
follows:
proposed project.
Subarea.
proposed project.
vehicular traffic.
January 10, 2013
Page 134 of 166
Page 3 of 12
in the City.
City required.
District.
Page 4 of 12
Page 135 of 166
January 10, 2013
and services.
January 10, 2013
Page 136 of 166
Page 5 of 12
litter.
District.
4.
5.
Page 6 of 12
Page 137 of 166
January 10, 2013
6.
7.
8.
9.
1.
2.
project.
1.
are not acceptable.
January 10, 2013
2.
Page 138 of 166
Page 7 of 12
3.
4.
A.
B.
23B.56.020.A.
5.
6.
7.
Page 8 of 12
Page 139 of 166
January 10, 2013
Condition #8 below.
8.
9.
A.
B.
lawfully commenced.
C.
10.
11.
12.
January 10, 2013
Page 140 of 166
Page 9 of 12
prohibited;
13.
final inspection.
14.
15.
16.
17.
18.
Page 10 of 12
Page 141 of 166
January 10, 2013
19.
20.
21.
public sidewalk.
22.
23.
24.
or parties.
25.
26.
January 10, 2013
Page 142 of 166
Page 11 of 12
27.
regulations.
28.
a building permit.
29.
30.
patrons arrive.
31.
32.
33.
Municipal Code.
34.
35.
remains clean.
Page 12 of 12
Page 143 of 166
January 10, 2013
36.
37.
Page 144 of 166
PLANS APPROVED by
January 10, 2013
ATTACHMENT 2
ZAB 01-10-13
Page 1 of 2
Page 145 of 166
ATTACHMENT 2
ZAB 01-10-13
Page 2 of 2
PLANS APPROVED by
January 10, 2013
2360 TELEGRAPH AVE
NAME1
ASUC Attn%253A Municipal Lobby
Willard Neighborhood Group
Carol Lipnick
Telegraph Area Association
Benvenue Neighbors Association
University of California Berkeley Capital Projects
Urban Creeks Council
Bananas Inc.
Adams Broadwell Joseph & Cardoza
Berkeley Central Library
REGENTS OF THE UNIVERSITY OF C
JANGMI LLC
CHANNING WAY 2003 LLC
AFFAIRS LLC & THREE SMART MONK
ZEMEL ARTHUR & LEVIN DOROTHY T
2509 DURANT LLC
TAYLOR SPRINGS MANAGEMENT LLC
FORTUNEWORLD INC
LIVING CITY INVESTMENTS LLC
AYYAD FUAD & MUNA I
SARACHAN KENNETH
FIRST PRESBYTERIAN CHURCH OF B
RUE ELL ENTERPRISES INC
CHITRCHARATN NIRAMOL
DOWNEY NANCY B TR & ROUSH VIRG
LANDIS JUDSON R & SHERON C TRS
RSGF GRANADA BUILDING LLC
CAMOU TELEGRAPH AVENUE PROPERT
TOWNSEND I LLC
DURANT PLACE
MAHONEY MICHAEL T TR & WHITE K
GOODHUE NEIL B & DIANE C TRS
HUNOLT JAMES B TR & THOMAS E T
FUENTES JENNAN K
BERKELEY ASSOCIATES LLC
DABEL GREGORY J & KAREN L ETAL
OCCUPANT
OCCUPANT
OCCUPANT
387 NOTICES
NAME2
MUNICIPAL LOBBY DIRECTOR
SHEILA HOLDERNESS (OCUPT)
CAROL LIPNICK (OCCUPANT)
KATHY BERGER (OCCUPANT)
SHARON HUDSON (OCCUPANT)
UCB CAPITAL PROJECTS
CAROLE SCHEMMERLING (OPT)
ARLYCE CURRIE
Janet Laurain
MAIN REFERENCE DESK
1111 FRANKLIN ST 6
1144 CAMINO VALLECITO
1367 27TH AVE
140 2ND ST%2C 2ND FLOOR
1504 S EL CAMINO REAL
1900 S NORFOLK ST 350
1901 OLYMPIC BLVD 100
200 CREEDON CIR
2301 ASHBY AVE A
2312 TELEGRAPH AVE
2401 TELEGRAPH AVE
2407 DANA ST
2437 DURANT AVE
2511 CHANNING WAY
360 17TH ST 206
3701 WINDING CREEK RD
551 FIFTH AVE
631 TANGLEWOOD DR
731 SANSOME ST 2ND
7705 POTRERO AVE
P O BOX 2277
P.O. BOX 11015
PO BOX 156
PO BOX 2905
PO BOX 680
PO BOX 85
2300 TELEGRAPH AVE
2301 TELEGRAPH AVE
2305 TELEGRAPH AVE
ADDRESS1
200 ESHLEMAN HALL
2440 STUART ST
2510 TELEGRAPH AVE
2509 HASTE ST
2501 BENVENUE AVE APT 21
300 A&E BUILDING
861 REGAL RD
5232 CLAREMONT AVE
601 GATEWAY BLVD. Su 1000
2090 KITTREDGE STREET
OAKLAND CA94607
LAFAYETTE CA94549
SAN MATEO CA94402
SAN MATEO CA94403
WALNUT CREEK CA94596
ALAMEDA CA94502
BERKELEY CA94705
BERKELEY CA94704
BERKELEY CA94704
BERKELEY CA94704
BERKELEY CA94704
BERKELEY CA94704
OAKLAND CA94612
SACRAMENTO CA95864
NEW YORK NY10176
SYKESVILLE MD21784
EL CERRITO CA94530
BORREGO SPRINGS CA92004
OAKLAND CA94611
MANCHESTER CA95459
BERKELEY CA94702
ALAMO CA94507
GRATON CA95444
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
MAILED OUT 04-11-13
Page 146 of 166
ADDRESS2
UNIV. CA BERKLEY
BERKELEY CA 94705
BERKELEY CA 94704
BERKELEY CA 94704
BERKELEY CA 94704
%28MC 1382%29 BERKELEY CA 94720
BERKELEY CA 94708
OAKLAND CA 94618
SOUTH SAN FRANCISCO CA 94080
BERKELEY CA 94704
PROJECT
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 04-11-13
Page 147 of 166
387 NOTICES
2307 TELEGRAPH AVE
2309 TELEGRAPH AVE
2310 TELEGRAPH AVE
2311 TELEGRAPH AVE
2312 TELEGRAPH AVE
2315 TELEGRAPH AVE
2324 TELEGRAPH AVE
2327 TELEGRAPH AVE
2328 TELEGRAPH AVE
2332 TELEGRAPH AVE
2333 TELEGRAPH AVE
2334 TELEGRAPH AVE
2338 TELEGRAPH AVE
2340 TELEGRAPH AVE
2342 TELEGRAPH AVE
2344 TELEGRAPH AVE
2347 TELEGRAPH AVE
2350 BOWDITCH ST
2350 TELEGRAPH AVE
2355 TELEGRAPH AVE
2360 TELEGRAPH AVE
2366 TELEGRAPH AVE
2367 TELEGRAPH AVE
2369 TELEGRAPH AVE
2374 TELEGRAPH AVE
2375 TELEGRAPH AVE
2379 TELEGRAPH AVE
2380 TELEGRAPH AVE
2381 TELEGRAPH AVE
2382 TELEGRAPH AVE
2383 TELEGRAPH AVE
2384 TELEGRAPH AVE
2386 TELEGRAPH AVE
2387 TELEGRAPH AVE
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
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2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 04-11-13
Page 148 of 166
387 NOTICES
2390 TELEGRAPH AVE
2391 TELEGRAPH AVE
2392 TELEGRAPH AVE
2395 TELEGRAPH AVE
2398 TELEGRAPH AVE
2399 TELEGRAPH AVE
2400 BOWDITCH ST
2400 DURANT AVE
2400 TELEGRAPH AVE
2401 TELEGRAPH AVE
2402 TELEGRAPH AVE
2403 TELEGRAPH AVE
2404 TELEGRAPH AVE
2407 DANA ST
2409 TELEGRAPH AVE
2410 TELEGRAPH AVE
2414 TELEGRAPH AVE
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94710
CA 94704
CA 94720
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 04-11-13
Page 149 of 166
387 NOTICES
2416 TELEGRAPH AVE
2419 DURANT AVE
2419 DURANT AVE 1
2419 DURANT AVE 10
2419 DURANT AVE 2
2419 DURANT AVE 22
2419 DURANT AVE 23
2419 DURANT AVE 24
2419 DURANT AVE 25
2419 DURANT AVE 26
2419 DURANT AVE 27
2419 DURANT AVE 28
2419 DURANT AVE 29
2419 DURANT AVE 3
2419 DURANT AVE 30
2419 DURANT AVE 31
2419 DURANT AVE 32
2419 DURANT AVE 33
2419 DURANT AVE 34
2419 DURANT AVE 35
2419 DURANT AVE 36
2419 DURANT AVE 37
2419 DURANT AVE 38
2419 DURANT AVE 39
2419 DURANT AVE 4
2419 DURANT AVE 5
2419 DURANT AVE 6
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 04-11-13
Page 150 of 166
387 NOTICES
2419 DURANT AVE 7
2419 DURANT AVE 8
2419 DURANT AVE 9
2419 DURANT AVE A
2419 DURANT AVE B
2421 DURANT AVE
2421 DURANT AVE 1
2421 DURANT AVE 2
2421 DURANT AVE 3
2421 DURANT AVE 4
2421 DURANT AVE 5
2421 DURANT AVE 6
2422 TELEGRAPH AVE
2423 DURANT AVE
2423 DURANT AVE A
2423 DURANT AVE B
2424 TELEGRAPH AVE
2425 CHANNING WAY
2425 CHANNING WAY 485
2425 CHANNING WAY 556-B
2425 CHANNING WAY 592B
2425 CHANNING WAY 667
2425 CHANNING WAY 667-B
2425 CHANNING WAY B
2425 CHANNING WAY B489
2425 CHANNING WAY B574
2425 DURANT AVE
2425 DURANT AVE 1
2425 DURANT AVE 2
2425 DURANT AVE 3
2427 DURANT AVE
2427 DURANT AVE 10
2427 DURANT AVE 11
2427 DURANT AVE 4
2427 DURANT AVE 5
2427 DURANT AVE 6
2427 DURANT AVE 7
2427 DURANT AVE 8
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 04-11-13
Page 151 of 166
387 NOTICES
2427 DURANT AVE 9
2429 DURANT AVE
2430 CHANNING WAY
2430 DURANT AVE
2431 CHANNING WAY
2431 CHANNING WAY BID
2431 DURANT AVE A
2431 DURANT AVE B
2431 DURANT AVE C
2432 DURANT AVE
2433 CHANNING WAY
2433 DURANT AVE
2433 DURANT AVE A
2433 DURANT AVE B
2433 DURANT AVE C
2433 DURANT AVE D
2433 DURANT AVE E
2433 DURANT AVE F
2433 DURANT AVE G
2434 DURANT AVE
2435 CHANNING WAY
2435 DURANT AVE
2436 CHANNING WAY
2436 DURANT AVE
2437 DURANT AVE
2437 DURANT AVE 204
2437 DURANT AVE 205
2438 DURANT AVE
2439 CHANNING WAY
2439 DURANT AVE
2440 DURANT AVE
2441 DURANT AVE
2441 DURANT AVE 1
2442 DURANT AVE
2444 DURANT AVE
2446 DURANT AVE
2450 DURANT AVE
2460 BANCROFT WAY
2460 BANCROFT WAY A
2462 BANCROFT WAY
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94702
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94720
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 04-11-13
Page 152 of 166
387 NOTICES
2466 BANCROFT WAY
2468 BANCROFT WAY
2468 BANCROFT WAY 1
2468 BANCROFT WAY 10
2468 BANCROFT WAY 2
2468 BANCROFT WAY 3
2468 BANCROFT WAY 4
2468 BANCROFT WAY 5
2468 BANCROFT WAY 6
2468 BANCROFT WAY 7
2468 BANCROFT WAY 8
2468 BANCROFT WAY 9
2470 BANCROFT WAY
2476 BANCROFT WAY
2480 BANCROFT WAY
2486 BANCROFT WAY
2486 CHANNING WAY
2486 CHANNING WAY
2488 CHANNING WAY
2490 BANCROFT WAY
2490 CHANNING WAY
2492 CHANNING WAY
2494 CHANNING WAY
2496 CHANNING WAY
2498 CHANNING WAY
2500 DURANT AVE
2500 DURANT AVE 201
2500 DURANT AVE 202
2500 DURANT AVE 203
2500 DURANT AVE 204
2500 DURANT AVE 205
2500 DURANT AVE 206
2500 DURANT AVE 207
2500 DURANT AVE 208
2500 DURANT AVE 209
2500 DURANT AVE 210
2500 DURANT AVE 211
2500 DURANT AVE 301
2500 DURANT AVE 302
2500 DURANT AVE 303
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 04-11-13
Page 153 of 166
387 NOTICES
2500 DURANT AVE 304
2500 DURANT AVE 305
2500 DURANT AVE 306
2500 DURANT AVE 307
2500 DURANT AVE 308
2500 DURANT AVE 309
2500 DURANT AVE 310
2500 DURANT AVE 311
2500 DURANT AVE 401
2500 DURANT AVE 402
2500 DURANT AVE 403
2500 DURANT AVE 404
2500 DURANT AVE 405
2500 DURANT AVE 406
2500 DURANT AVE 407
2500 DURANT AVE 408
2500 DURANT AVE 409
2500 DURANT AVE 410
2500 DURANT AVE 411
2500 DURANT AVE 501
2500 DURANT AVE 502
2500 DURANT AVE 503
2500 DURANT AVE 504
2500 DURANT AVE 505
2500 DURANT AVE 506
2500 DURANT AVE 507
2500 DURANT AVE 508
2500 DURANT AVE 509
2500 DURANT AVE 510
2500 DURANT AVE 511
2500 DURANT AVE 7
2505 CHANNING WAY
2506 DURANT AVE
2508 CHANNING WAY
2510 BANCROFT WAY
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MAILED OUT 04-11-13
Page 154 of 166
387 NOTICES
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
Berkeley,
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
CA 94704
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360 TELEGRAPH AVE
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
OCCUPANT
MARK THIEME
387 NOTICES
2510 CHANNING WAY
2510 DURANT AVE
2511 CHANNING WAY
2511 DURANT AVE
2512 BANCROFT WAY
2513 DURANT AVE
2514 BANCROFT WAY
2515 CHANNING WAY
2515 DURANT AVE
2515 DURANT AVE
2516 BANCROFT WAY
2516 DURANT AVE
2516 DURANT AVE A
2516 DURANT AVE B
2517 DURANT AVE
2517 DURANT AVE A
2517 DURANT AVE B
2517 DURANT AVE C
2517 DURANT AVE D
2518 DURANT AVE A
2518 DURANT AVE B
2518 DURANT AVE C
2520 CHANNING WAY
2521 CHANNING WAY
2535 CHANNING WAY
2538 CHANNING WAY
77 SOLANO SQ., #134
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
Berkeley, CA 94704
BENICIA, CA 94510
MAILED OUT 04-11-13
Page 155 of 166
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
2360
Page 156 of 166
Page 157 of 166
Page 158 of 166
Page 159 of 166
Page 160 of 166
Page 161 of 166
Page 162 of 166
Page 163 of 166
Sage, Aaron E.
From:
Sent:
To:
Subject:
Worthington, Kriss
Monday, April 29, 2013 4:51 PM
Worthington, Kriss
TELEGRAPH RESTAURANT ASSOCIATION SAYS “NO ON #57”
TELEGRAPH RESTAURANT ASSOCIATION SAYS
“NO ON #57”
For Immediate Release Contact April 29, 2013 Alex Popov (415) 269‐1849 Linda Gilman (510) 486‐2310 (Berkeley) – Dozens of Restaurants say NO on Relaxing the Quota System. Item #57 on the city council agenda proposes to relax the quota system for three years. See below for the complete letter from Telegraph Restaurant Association. Please call or email the City Council to support our local restaurants. To email all council members copy and paste the email string. Add No on 57. Support our local restaurants. to make your point easy and clear. Email String: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Tom Bates (Mayor)
Linda Maio (D.1)
Darryl Moore (D.2)
Max Anderson (D.3)
Jesse Arreguin (D.4)
Laurie Capitelli (D.5)
Susan Wengraf (D.6)
Kriss Worthington (D.7)
Gordon Wozniak (D.8)
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
510-981-7100
510-981-7110
510-981-7120
510-981-7130
510-981-7140
510-981-7150
510-981-7160
510-981-7170
510-981-7180
TELEGRAPH RESTAURANT ASSOCIATION
1
Page 164 of 166
Dear City Council We would like to introduce you to the new Telegraph Restaurant Association. This Association was founded to foster a stronger business environment for Telegraph’s locally owned and operated independent restaurants. We understand the Council will be considering many proposals on April 30th, including the relaxation of the quota system for three years. We strongly believe this would be a bad policy for the Telegraph Area for a number of reasons: Too Many Restaurants
Although the quota system specifies a limit of 19 carry out establishments and 30 quick service establishments, we have recently counted 72 quick service and take out establishments and 95 total restaurants. In the last eighteen months there have been SIX new food related businesses permitted in NONFOOD space in the C‐T District‐ The Melt, Toaster Oven, Pasta in A Box, Sheng Kee Bakery, Uncle Dougies Deli, and U‐Café. Also, several restaurants have closed recently due to too much competition including Toaster Oven, Souvlaki, Pepe’s Pizza, Zanzibar, Uncle Dougies and Naan N Curry. The C‐T District is already way over quota on the number and types of restaurants allowed and SIX restaurant vacancies exist. We Need Retail Diversity
The relaxation of the quota system will only further remove retail diversity from the District. Several new restaurants have replaced diverse non food uses: Previous Use Current Food Use
Joys Cal Clothing The Melt Nigin’s Gifts Pasta In A Box Volcom Clothing Sheng Kee Bakery Sprint Cellular Toaster Oven United Postal Center U Café bakery Yoga Bikes Uncle Dougies Deli Tower Records Souvlaki Greek Food Peking Express Chinese Food Manhattan Grill These conversions are great loss in diversity for the District. We can look to other areas in Berkeley to consider what might happen to Telegraph Avenue if we allow a relaxation of the quota system. On Center Street between Shattuck and Oxford there are 18 retail store fronts and 17 are food use. We do not want to turn Telegraph Avenue into one big food court. We truly care about the Avenue and its attractiveness as a retail destination and we are concerned there will not be an attractive retail mix on the Avenue if the proposal to relax the quota is adopted. The Southside Plan and the General Plan for the City preach “Encourage a mix of goods and services which will preclude the dominance of any one type of use” we need the City Council to keep this in mind when considering this proposal. Expansion of Food Offerings
There has also been a dramatic expansion in food offerings from different establishments that previously offered minimal food items. For example, C’est Café on the corner of Telegraph and Bancroft was a café that offered coffee and baked goods. Now it is a Subway sandwich franchise offering a full lunch and dinner menu. Additionally, Sam Market which was previously a Rexall Drugs that offered no food, now has a full kitchen and cook line offering rotisserie chicken, sandwiches and breakfast. Even Walgreens, which most people would consider a drug store installed a “Café W” offering prepackaged meals including sandwiches and salads. Additional examples: Little or No Food Offerings New Food Offerings Bogeta Café Chipotle Rexall Drugs Sam’s market (with full kitchen cook line) C’est Café Subway Sandwiches Coffee Source Gordo Mexican Food Walgreens Café W offering prepackaged foods to go 2
Page 165 of 166
This food use expansion is probably not noticed by the Zoning department or City Council, but our members are impacted as each new offering is more competition spreading the limited food dollars over more and more food outlets.
Existing Food Use will be Harmed
All of the existing food use businesses in the District have made great commitments to the Avenue. They have invested time, money and energy to establish and maintain their business. Each of us has felt the impact on our bottom line of each new food use permit issued over quota. The customer base is not increasing, yet the competition is greater than ever before. After Sheng Kee bakery opened up next door to Toaster Oven earlier this year, Toaster Oven’s sales went down 40%. They closed 3 weeks later. Existing restaurants sales have been down over the last three years. Naan N Curry sales went down 30% over the last three years and they closed last week. C‐T District Vacant Restaurant Spaces Toaster Oven 2309 Telegraph Uncle Dougies Deli 2328 Bowditch Zanzibar 2431 Durant Pepe’s Pizza 2516 B Durant Naan N’ Curry 2366 Telegraph Souvlaki 2518 Durant Discussing these vacancies with our members, many who have been operating in the District for more than 20 years, we
cannot recall a time with so many restaurant vacancies. With so many restaurant vacancies we do not need to relax the quota system to allow new entrants into nonfood spaces. Rents are Too High
We believe Landlords are pushing for a relaxation of the quota system so they can fill nonfood use vacancies with restaurants. However, doing so will price nonfood use businesses out of the market, and distort the commercial vacancy market. For example, Toaster Oven signed a ten year lease at $10,000 per month. As they recently closed, they are trying to sublease this space. If the proposal to relax the quota system is adopted, current nonfood use spaces will be competing with this space. The vacant nonfood use space formerly occupied by Tiendo Ho at 2493 which has a current asking rate of $4,000 / month would be more attractive to a new food use, thus keeping Toaster Ovens space vacant. The very reason restaurant rents are higher in the District is because of the limited food use permits under the quota. Existing restaurants who signed leases under the quota system will be paying much higher rent than new entrants to the District if this issue is approved. This will place the existing, locally owned and operated businesses that have made commitments to Berkeley and the District at a competitive disadvantage to new entrants. Summary
Our members have been working hard to keep their businesses operating during these difficult economic times and relaxing the quota system would be devastating. The quota system has already been relaxed over the past few years as evidenced by the addition of many new restaurants as discussed above. This has negatively impacted many restaurants and has resulted in six restaurant vacancies in the District. Relaxation of the quota system will increase the number of restaurant vacancies as many fragile existing restaurants would be unable to continue. Additionally, relaxing the quota system will distort the commercial leasing market in the District as vacant restaurant spaces will stay vacant due to new entrants leasing nonfood use spaces. We need the Council’s support to protect our livelihood by voting against the proposal to relax the quota system. Sincerely, Alex Popov ‐ Pappys Grill Jahanshah Jowharchi ‐ Gypsys Tratoria Linda Gilman ‐ Crepes A‐Go‐Go Jimmy Shamieh ‐ Cream
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Kriss Worthington Councilmember City of Berkeley, District 7 2180 Milvia Street, 5th Floor Berkeley, CA 94704 (510) 981-7170 phone (510) 981-7177 fax [email protected] http://www.cityofberkeley.info/council7/ 4

2360 Telegraph Avenue

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