Zoning Adjustments Board - January 22, 2026

January 22, 2026 · Zoning Adjustments Board

Subscribe via RSS: City of Berkeley Zoning Adjustments BoardCity of Berkeley Meetings

Agenda

1. ROLL CALL

Attachments (1)

2. EX-PARTE COMMUNICATIONS: In the context of adjudicative matters that come before

the LPC, ex-parte communications are those which occur outside of the formal hearing process. LPC members should avoid ex-parte contacts on matters pending before the LPC as much as possible, as they may represent, or be perceived to represent, the receipt of evidence that can unfairly influence a decision on a matter before the Commission. If such contacts do occur, they must be placed in the record and disclosed to all interested parties sufficiently in advance of the decision to allow rebuttal.

3. LAND ACKNOWLEDGEMENT STATEMENT: The Commission recognizes that the

community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low- nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

4. PUBLIC COMMENT on Non-Agenda and Information Items (Three minutes per person;

five minutes per organization, or at the discretion of the Chairperson)

5. ORDER OF AGENDA

The Zoning Adjustments Board has the right to rearrange the order of the agenda in order to accommodate projects that will not require significant time.

6. CONSENT CALENDAR

Consent Calendar items are considered routine, non-controversial and will be enacted by one motion. By approval of the Consent Calendar, the staff recommendations will be adopted unless otherwise modified by the Board. There will be no separate discussion on these items unless a member of the Board or a member of the public requests removal of the items from the Consent Calendar. Examples of consent calendar items include but are not limited to modifications of existing Use Permits, continuances, and items noticed for public hearing which the Board decides to move to the Consent Calendar. Anyone present who wishes to speak against one of these items should advise the Chairperson if they request the item be pulled from the Consent Calendar. ZONING ADJUSTMENTS BOARD AGENDA January 22, 2026 A. Approval of Meeting Minutes: December 11, 2025 Recommendation: Approve B. Use Permit #ZP2025-0046 1752 Shattuck Avenue: To modify a State Density Bonus project originally approved under Use Permit #ZP2022-0011 to request a concession to allow an exemption from the Percentage for Public Art in-lieu fee. Zoning: Corridor Commercial District (C-C) Consistent with the previously adopted Initial Study/Mitigated Negative CEQA Declaration and Mitigation, Monitoring, and Reporting Program Determination: associated with the original application Applicant: Isaiah Stackhouse, Berkeley, CA Owner: 1752 Shattuck LLC, Berkeley, CA Staff Planner: Joshua Muller, jmuller@berkeleyca.gov, 510-981-7488 APPROVE Use Permit #ZP2025-0046 pursuant to Section Recommendation: 23.406.040(E) “Findings for Approval” C. Use Permit #ZP2025-0080 at 2108 Eunice Street: To construct a second-story addition, approximately 147 square feet, that exceeds 14 feet in average height (19 feet) and 20 feet in maximum height (21 feet), and make an alteration within a nonconforming rear and street-side setback on a lot nonconforming for density. Zoning: Residential Multi-Unit 1 within the Hillside Overlay (R-1H) District CEQA Categorically exempt pursuant to Section 15301 (“Existing Facilities”) of Determination: the CEQA Guidelines. Applicant: Nathaniel Muhler, Oakland, CA Owner: Rivka Shenhav and Renta Zaliznayak, Berkeley, CA Karen C. Hernandez, KHernandez-Gonzalez@berkeleyca.gov, 510- Staff Planner: 981-7426 APPROVE Use Permit #ZP2025-0080 pursuant to Section Recommendation: 23.406.040(E) “Findings for Approval” ZONING ADJUSTMENTS BOARD AGENDA January 22, 2026 D. Use Permit #ZP2025-0079 at 1740 University Avenue: To convert an existing 12,503 square-foot, 2-story commercial building into a mixed-use building with 12 residential apartments and three ground-floor commercial units. Zoning: University Commercial District (C-U) CEQA Categorically exempt pursuant to Section 15332 (“In-Fill Development Determination: Projects”) of the CEQA Guidelines. Applicant: The Bay Architects, Jim Novosel, Berkeley, CA Owner: Athan Magganas, Berkeley, CA Staff Planner: Victoria Schlepp, vschlepp@berkeleyca.gov, 510-981-7422 APPROVE Use Permit #ZP2025-0079 pursuant to Section Recommendation: 23.406.040(E) “Findings for Approval” E. Use Permit #ZP2024-0075 at 1899 Oxford Street: To demolish the existing 42-space surface parking lot (APN: 058-2181-019-05) at 1899 Oxford Street and the two-story residential building containing eight rent-controlled units on the adjacent lot at 1827 Oxford Street (APN: 058-2181-021-00); merge the two parcels; and construct a seven- story (78 feet, 9 inches), 97,234-square-foot mixed-use building. The proposed development consists of 222 dwelling units, including at least 17 Very Low-Income and 16 Moderate-Income (subject to the Regulatory Agreement) – along with 3,873 square feet of ground floor commercial space, 14 off-street parking spaces, and 74 long-term bicycle parking spaces. Zoning: Multi-Family Residential District (R-4) CEQA Categorically exempt pursuant to Section 15183.3 (“Streamlining for Determination: Infill Projects”) of the CEQA Guidelines. Isaiah Stackhouse, Stackhouse De La Peña Trachtenberg Architects, Berkeley, Applicant: CA Owner: Berkland Foundation, Berkeley, CA Staff Planner: Nilu Karimzadegan, nkarimzadegan@berkeleyca.gov, 510-981-7430 APPROVE Use Permit #ZP2024-0075 pursuant to Section Recommendation: 23.406.040(E) “Findings for Approval”

Attachments (13)

7. SUBCOMMITTEE REPORTS

A. Design Review Committee (DRC) https://berkeleyca.gov/your-government/boards-commissions/design-review-committee

Attachments (1)

10. STAFF ANNOUNCEMENTS

ZONING ADJUSTMENTS BOARD AGENDA January 22, 2026

12. ADJOURN

ZONING ADJUSTMENTS BOARD AGENDA January 22, 2026 Page 7 of 6 NOTICE CONCERNING 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:

Attachments (12)

Agenda Items

  1. 00:05:31 Consent Calendar The board took public comment and discussed consent calendar projects including 1752 Shattuck, 2108 Eunice, 1740 University, and 1899 Oxford before unanimously approving the full consent calendar.
  2. 00:31:39 Subcommittee Reports Commissioners reported on the Design Review Committee's review of 2442 Haste, including revisions to the building design, materials, colors, lobby, and transformer screening.
  3. 00:35:43 ZAB Announcements Commissioners discussed where city conversations about open space and green space standards would occur and briefly addressed meeting procedure for points of order.
  4. 00:38:11 Staff Announcements Staff announced that chair and vice chair elections would be held at the February 26, 2026 meeting.

Transcript

Warning: This transcript is automatically generated by machine and may contain errors, including misheard words, misattributed speakers, and omitted passages. Always listen to the audio or video recording before assuming the transcript correctly reflects what was said. Do not rely on the transcript alone for quotation, reporting, or any other purpose where accuracy matters.
Nice to see a bunch of people here. Welcome to the January 2022, sorry January 22nd,
2026. It's a setting adjustment board meeting. Happy New Year everyone. It's great to have
everyone back here and have a full commission and have so many people here with us tonight.
I will do our housekeeping stuff first. Start off with the public advisory. This meeting will be
conducted in a hybrid model with both in-person and virtual participation. The teleconference will
be recorded as any ZAB meeting is recorded and all other rules of procedures in decorum will apply
for ZAB meetings conducted by teleconference to video conference. Virtual participation.
To access the meeting remotely, join from a PC, Mac, iPad, iPhone, or Android device.
Please use the URL which is on your agenda. If you do not wish for your name to appear on the screen
Then use the drop down menu and click on rename to rename yourself to be anonymous to request to speak. Use the raised hand icon by rolling over the bottom of the screen to join my phone.
There's a number on your agenda to use and enter the webinar ID, which is also on the agenda. If you wish to comment during the public comment portion of the agenda, press star 9 and wait to be recognized by the chair.
We have public testimony guidelines to speak at a public hearing, please submit a speaker card to planning staff prior to the start of the meeting.
Those are the green cards that are kind of right by the front door.
So now is the time to fill one out if you have anything to say on the project or any of the projects.
And online I will call you to raise your hand whenever it is your time, so I will be very clear about that.
So don't worry, and there's a raise hand icon to use.
This meeting will be conducted in accordance with the Brown Act government code section 54953.
Any member of the public may attend this meeting.
The Chair may limit the number of speakers in the length of time allowed to each speaker.
We will start now with roll call and ex parte communications.
Thank you.
Commissioner Gaffney?
Here, no ex parte.
Chairperson Gaffney?
Present, no ex parte.
Commissioner Thompson?
President no ex parte, Commissioner Palmetier, President no ex parte, Commissioner Allen,
President no ex parte, Commissioner Choi, President no ex parte, and Commissioner Sander.
President no ex parte. Thank you. Wonderful. Thank you everyone and welcome.
Before we get into it, I'm going to do the Land Acknowledgement Statement.
This Commission recognizes that the community we live in was built on the territory of the huge
Chiu Chiu, the ancestral and unceded land of the Chiu Chien Yow speaking Ohlone people,
the ancestors and descendants of the sovereign Verona Band of Alameda County.
This land was and continues to be of great importance to all of the Ohlone tribes and
descendants of Verona Band.
As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley,
the documented 5,000-year history of a vibrant community at the West Berkeley Shell Mound
the people who continue to reside in East Bay. We recognize that Berkeley's residents have and
continue to benefit from the use and occupation of this unceded stolen land since the city of
Berkeley's incorporation in 1878. As stewards of the law regulating the city of Berkeley,
it is not only vital that we recognize the history of the land but also recognize that
the Ohlone people are present members of Berkeley and other East Bay communities today.
The city of Berkeley will continue to build relationships with the Luzon tribe and create
meaningful actions that uphold the intention of this land acknowledgement.
All right, thank you all. We will get right into it now. First thing before
anything else would be public comment on non-agenda matters. We do have quite a
filled agenda today so I will go over the agenda. Once again this is only
going to be comments on things not on the agenda. So if you have something to
say on the agenda, but I will let you know exactly when the time is to speak.
Um, things on the agenda are approval of action minutes from December 11th, uh, number, be 1752 shadow Avenue.
I'm C, 2, 1, 0, 8 units street.
Item D, 1740 university Avenue and item E on 1899 Oxford streets currently all on the consent calendar, which I will go over again in a bit.
So, if you have anything to say on non agenda items, which currently we do not have anyone in person who has anything to speak on agenda items, I will look on line to see.
All right, so, yeah, online now is your time to raise your hand if there's any agenda items that you wish to speak on. I'm not seeing any hands currently.
Wait, just another second, but I'm thinking we can move on. Okay. We're going to move on. It looks like we are good on any public comment on non agenda matters.
6. Consent Calendar
So yeah, there'll be no reordering of the agenda and currently set everything. All the projects that I just spoke about are on the consent calendar. Just to make sure we're clear on what the consent calendar is if we vote yes on the consent calendar.
That means we are approving the projects as proposed.
So if you are here to support a project,
we obviously are happy to hear about that,
but indeed if it does not get pulled off consent,
then it is not getting a full public hearing
and that means it just will be approved as is.
And so we do have a couple of speaker comment cards
in Kirsten on a project here,
which I will get to you all first.
I at least just wanted to open it up to my commission.
I will then open it up to the public again
and then also back to you all,
but I did at least want to give the commission
and to speak before I open it up to the public.
It's like, we're good.
Okay, then we are going to move on to in-person.
I have two cards in person and said right now
is the perfect time.
If you have anything to say online about any of the projects
on our consent calendar,
now is the time I see a couple hands going up there.
So we'll start with in-person.
Alejandro Martinez, please come on up.
And we're gonna give everyone two minutes to speak.
So you have your two minutes.
Remember, these all are in support right now
that are currently on consent,
but we obviously still love to hear support, so.
Hello, hello, how are you?
Good evening.
As mentioned, my name is Alejandro Martinez.
I've been a member of La Una for the past 10 years.
Just wanna tell you a little bit about myself,
but I am in support of the 1899 Oxford Project.
Right after high school, I wanted to go to college,
I have a career, a family life and go as plan.
I found myself making ends meet.
I am a single father.
I have a daughter that I take care of.
Thanks to the labors and becoming a skilled laborer,
I was able to buy a home on my own
and now allow my daughter to grow in the same city I did.
These jobs will allow our communities
to have livable wages with benefits
and the developer and expenditures is a proven partner
because he's gonna work with the community.
And I'm here in support and I urge as well for your support.
I think it does provide housing for college students.
This is why it's important, and I'll be brief,
and I want to say it only because I probably
won't have an opportunity to say it later.
But I'm one of four siblings.
My father was a construction worker.
He was a union member.
And because of that, he was able to work on good projects
and was able to provide for my family.
Now, I was the oldest, and I had to get to work,
And I was blessed enough to join the trade that offered that good salaries and wages
and benefits.
But three of my siblings did go to college.
Two of them went to Berkeley here.
One of them graduated from Haas.
And one became a frat brother, which is, you know, pi lambda five, if you guys know what
that is.
The other one wanted to have a career with horses, so he went to UC Davis.
But it was that job that had that component where it was a good salary, a good wage, and
it provided benefits and thanks to that my brothers my siblings and my sister
were able to go to college and they're productive citizens and I think
projects like this do that and it's up to a developer to find that value and
and investing in the community and the workforce and everybody benefits from it
you know I'm not just an investor so I really really urge you to support the
project. It's good for everybody. And I thank you for your time.
Thank you so much. Oh, that was for Oxford. Yes, the last two were for Oxford. So, yeah,
and it's a point of Oxford. All right. Thank you so much. We absolutely support you. And
so it's great to hear the projects that we are looking at is doing exactly that. Next,
Next we have, I'm sorry if I messed up your name,
Bar-Carts, Bar-Carts, yes perfect, come on up.
Looks like four, and please take the project to the ear.
Yeah, quite well, my name is Burkard Millitzer.
I'm about 21 or 18 in this question.
I live about 60 feet from the proposed project uphill,
and I have nowhere else to go,
and of course it has to happen.
I only want to ask you not to have any construction on weekends.
This would be noisy and nowhere else to go, we appreciate it.
Thank you.
Wonderful.
Thank you.
Um, and so I guess that's a good question for staff.
I know in the conditions of approval, what are, um, in conditions of approval, is construction
allowed on weekends?
What is, and they said that they added the standard conditions of approval.
So this is kind of for every project.
Thank you city staff.
Give us one second.
We're going to answer this one question and then don't worry we're coming right to you.
Okay, so this is regarding the 12 and 1.
Well, let's go and let's do one second.
We're going to answer the question from the previous.
Yeah, just give us one second.
Sorry.
I promise.
Microsoft issues are affected by computer.
So the construction hours and the conditions of approval or construction activity shall
be limited to between the hours of 8 a.m. to 6 p.m. Monday through Friday and between
9 and noon on Saturday.
No construction related activity occurs on Sunday or any federal holiday, which is the
standard condition. Okay. Wonderful. Thank you for clarifying that. Um,
I know obviously it's not ideal, but indeed, since it is a very standard
condition, I do not believe that would be something we would consider. However,
obviously I will wait. We will have a conversation with the committee after
we do public comments. Um, but that is a very standard condition approval. Um,
so we will revisit that. Thank you city staff for getting that to us.
Let's see, I'm in Clare.
Yeah, come on up, Clare.
You'll have your two minutes.
Sorry, I know, the technicalities.
And yeah, see what project you are.
The other project is for the 2108 units.
I'm the owner of the condo that goes with that condo.
I didn't see the word condo in any of the documents
related to the 2108.
So I'm just concerned what the condo status of 2108 units affects my status of condo.
Does this whole construction in the planned construction, does that affect in any way
the value or my rights as condo owner of the other part of the condo, 1201 Chadock?
That's a great question and yes, we will make sure.
You said the city staff or have any answers to that now, or we can also revisit this as well at another time.
Come on up. All right. So.
Hello, everyone's my 1st time speaking to the board, but we in the staff report, do you mention that there are 2 single family dwellings on the property?
We don't use the word, uh, condominium, um, but it is mentioned in the staff report and the findings.
Is there anything, I mean, and so obviously I don't, I don't want to answer this yet. And we can also have a bigger conversation about this. Do we know anything on how that, how that kind of does affect other, um, residents right now, or?
Um, no, okay, no, that would be a civil matter.
Okay yeah presumably there are CCNRs that are between the condos that would be between the neighbors so it would be a civil matter that we don't make sure that there are CCNRs but we don't get involved in the footage of them.
So we think the best person to contact them would actually be the owner of that property to be able to get additional information.
And it could be in your title report as well.
Okay, so that would be, so thank you to the staff, that would be our best suggestion since that's something that we can't provide information on here with land use and planning, but to actually talk to the owner of the property and speak with him on that because that is something that's outside of our purview.
Yeah, we said both still, we still are going to debate here on the commission, so we can revisit this in a second too, but indeed I do believe this will be outside our purview to fully answer that question, but that will table that for a second and then see what any other commissioners might have to add after we finish public comments.
We do have two more in person public commenters and once again, said this is just kind of originally the public comment.
So Michael Pinto, come on up.
Looks like you are speaking on Oxford streets.
Good evening, my name is Michael Pinto,
and I'm an officer and director of Berklin Foundation,
which owns the 1899 and adjoining
1827 Oxford Street Properties.
The foundation is owned and operated
in a unit apartment building
at 1827 Oxford Street since 2006.
We operate this building like a house.
Everyone who lives there is on close terms with everyone else.
To facilitate our house operation,
we set aside two units at the very beginning of ownership
for use by everyone residing at 1827 Oxford,
and therefore not available for rent.
The remaining six units are occupied
by residents whose income is above the median level.
Hopefully this is well-established by tax
and other statements we provided to the city
and voluntarily supplied to us by the residents.
All of us at 1827 Oxford Street are eagerly awaiting
our move this spring to a new location
only a couple blocks away.
This move is the culmination of a relocation effort
we've been working on for nearly 10 years,
an effort driven by our need to have considerably
more square footage than we have now.
Through the entire effort, we have been blessed
by our partnering with Nathan George,
whom I've known for at least 15 years.
Originally, our new home was going to be part
of the development of 1899 Oxford Street.
But with Nathan's help, we found another location
which is both close by and more suitable to our needs.
He has not only helped us find our new home
but has helped and guided its renovation.
And he's been instrumental in the development effort
for 1827 and 1899 Oxford,
which has enabled us in part to move to a new location.
My thanks to the board for hearing me tonight.
Thank you so much, Michael, appreciate that.
All right, we have one more in person,
comments and Linda Cohen, come on up.
I really just wanna make it an observation.
Does that include?
Go ahead.
Please, excuse me.
I can't hear anything down there, but I'm old, so.
Anyway, when it was put in,
there were many concessions made.
You know, it was undersized.
It didn't have the right size or anything to create two units.
So here, the two units were created.
And we lived there pretty harmoniously.
I lived right next door.
But it leads to other things.
Now there has to be more concessions.
more things have to be built to accommodate a very small cute building. So one outside the rule
observation and build leads to more. And I have never yet seen a complete drawing,
A complete rendering do you have one.
We will I will get back on that one. Yes, but yes, we will be talking all about this. All right afterwards. So, yes, no, thank you so much. And we definitely hear you. I know all these kinds of non conforming conditions can indeed create ripple effects and so we will, we'll be talking about that shortly.
You have 1 more person online, and then we will get to those conversations. It looks like we're all done in person. So Kelly, I'm going to allow you to talk now, and we will have your 2 minutes.
Any projects do that knows what project you're talking about since we have several. You should be allowed to talk about Kelly. Okay. The 1st, 1 and the last 1, um.
The 1752 shadow and 1899 Oxford are both asking.
For an exemption from the art fee.
And the 1st project on was initiated before the bird safe glass. So they're not doing bird safe glass. And now they want to get out of.
Public art and I just really think that's wrong.
And I would hope that you would deny it. I doubt that you will, but I just think that should be denied.
On 1899 Oxford, I also believe you should deny the waivers.
And I don't know what the people who came up and testified about how excited they are for this project and union white union labor, because 1899 does not have to comply with.
Hard hat and I've been scanning scanning through there. They have made any commitment.
To hiring union labor or paying prevailing wage and I have not seen that. So I think you should be asking the developer.
If they're actually going to do that, especially since we have people here in present testifying that.
That's why they're so excited about you approving this project.
And I've been reading a book, Good Nature, by Kathy Willis, about the importance of nature
in terms of our health, mental stability.
It's a wonderful book.
I wish you would all pick it up.
But all these waivers to decrease the increase, the lot coverage to decrease open space, it's just really a problem.
So, I'm out of time. I could keep going, but I'm out of time. Thank you.
Thank you so much Kelly and say, could you confirm on Oxford street? Why not? They do have to. They don't have to. I guess if you can confirm, but they do not have to confirm.
good evening. They don't because the project was met before the hard hat ordinance went
into effect. Okay, but they have agreed to use junior labor on this project. I'm not
sure the applicant is here. Yeah, no, sounds good. Good, thank you. We have the applicant
I don't think this is within our purview. There's nothing within the material in front
of us that requires us to make a decision based on whether there's a labor agreement
or not. That's not within our decision-making authority tonight and it is great to hear
positive comments about union labor or anything else, but I'm just saying that I would like
to just say that for the record, thanks.
Thank you Commissioner Duffy, I appreciate that.
We will not be doing further inquiry on that.
I hope Kelly, thank you for bringing that up, of course.
And we're obviously happy to have you and my peers here in support.
I will now that we are done, it looks like we are done with public comments.
I, of course, want to now open it up to the commission to talk about anything that was within our purview,
especially if anything that we've been hearing public comments.
I know we've had a couple of comments on Eunice Street.
So does anyone have anything to speak on or any kind of helpful?
It was a lot. Obviously, if there's anything interested of pulling anything, I'd love to hear from the commission.
Yes, one first. I didn't think he was actually having it.
I don't think he was comment.
No, no, Mr Anderson, please take this.
So, on Eunice Street, whatever, whatever is in your CC&Rs plus whatever conditions
of approval the city requires, that's what will regulate what happens at that property.
So, it's not like they can just decide to add another 300 square feet or another room.
They would have to come back and have another hearing.
So what they're proposing now is 147 square feet
and it will affect just that building.
And I don't know how else to say it,
but that is, and if you believe they violated the CCNRs,
then that is something you would have to take up
with a lawyer.
Thank you, Commissioner Anderson.
Very well said.
The only thing we are discussing is that 127 square feet they are currently proposing.
For that, I don't personally see a need to take anything off of the consent calendar.
I'm not saying that anyone else has, but of course now is the time.
So I can make a motion to approve the consent calendar as proposed.
I would second that.
as proposed. So there was a comment about asking us to deny the request for the in lieu of art.
And y'all chimed in with me, but what we've been told is we can't deny those.
It's the applicant makes his case and the standard is does it reduce the cost of construction
of this building, the project.
So it's not something that we can deny and say, no, you have to pay the in lieu of our
fee.
So I just wanted you to know
that those are not part of our decision-making.
Okay.
Thank you, Commissioner Taylor.
Some of the waivers and concessions are, yeah,
incredibly difficult for us to vote against.
Not just difficult, almost near impossible.
So I thank you for saying that,
because indeed, even if it might paint us,
it's still something that, yeah, we ought to be consistent.
I believe, if anyone else has any last thing to say?
I think if I might just maybe backtrack to units for a moment, just to piggyback a little
bit.
Of course, regarding clarity.
I know, so we haven't had a project in the five years I've been here.
That was two condos in this situation and configuration.
So it's just important to just be clear, and I concur with Board Member Sanderson as well.
But I think it's just important to know that, so yes, that's a civil matter in your CC&Rs
the other condo owner and that can be taken up privately. Within that one condo that we
are making a decision about, they are asking for findings to be made that this addition
and this change will not be detrimental to the health and safety, peace, morals, comfort,
or general welfare, we are making those findings.
Staff has made those findings and we are making
those findings if we approve it this evening.
And so I just think it is important to read
the full staff report if you haven't already.
And that if you feel that, in any project
in this particular circumstance, if you feel that,
that addition or the approval by the zoning board
is detrimental to the health safety piece,
morals, comfort, or general welfare persons residing.
You can appeal this decision to the city,
and so that can be appealed,
and it can be upheld or at least heard at city council.
Good.
Thank you, Mr. Duffy.
The next step is obviously one of the most important things
we can do, and indeed, just because, yeah,
we make a decision tonight does not mean
This has to be the end of the road, and indeed,
appealing to City Council is absolutely possible.
And, yeah, we hear your concerns.
With that, I think we are ready to take a roll call vote,
though, sorry.
So we have, oh yeah, well, you made a motion
for, to approve the Accusent Calendar.
Yeah, and second by Commissioner Paladir.
Right, and just to reiterate,
for everyone, the eccent calendar includes
the action minutes, it includes the use permit
at 1752 Shattuck.
It includes the use permit at
Port of Loyt Unis Street, 1740 University,
and 1899 Oxford.
So the motion covers all of those on the consent calendar.
Okay, I'm gonna take a roll call vote now.
Commissioner Duffy.
Yes.
Chairperson Gaffney.
Yes, Commissioner Thompson.
Yes.
Commissioner Palmatier.
Yes, Commissioner Allen.
Yes.
Commissioner Joy.
Yes.
Commissioner Sanderson.
Yes, thank you.
All right, consent calendar does pass.
That means all of the projects on it also pass.
And as Mr. Duffy just said, it is appealable to council.
Well, so you have, they will get their use of permit 14 days after the notice of decision is mailed.
So within those 14 days, you have all the opportunity to appeal to council.
So now it's kind of that time.
Thank you all so much for that.
And we will move right along.
We do not have anything on our action calendar.
Do you have virtual?
Oh yeah, oh yeah, don't worry, we're good.
7. Subcommittee Reports
Some committee reports.
Commissioner Sanderson, Commissioner Thompson,
would you mind starting us off?
I will add, but please kick us off
on our last BRC meeting, which was last week.
Yes, hi everyone.
So last week, we DRC met and we reviewed the property
at 2442 Haste.
That's a property that's right off of telegraph.
So if you're headed north on telegraph,
you make a left turn.
The second building is, it's on the left side.
So we've seen the,
this is the second time that the project has come to DRC.
And so we have seen it before that
because it has a juice permit already.
So it's come to ZAB.
We have seen it here.
So it has a juice permit already.
Just final design review fine. Thank you. Thank you for clarifying that. Sorry.
I didn't know you guys are like, no. So they, they, but they did come. The architect came back with some significant changes to it. And it was based on a lot of the recommendations from, um, from DRC, which we were really pleased to hear that.
we thought that there were additional recommendations
made at this meeting which I thought would make it more
cleaner, more uniform look.
We talked about the materials, just ways of improvement.
And I was really pleased by the changes to,
especially the front of the building, the lobby,
and it looks good.
It looks good.
And then there was discussion of additional art
to cover the transformer room that's so unpopular
and buildings that have to be front and center.
So until they can go underground,
folks are trying to find creative ways
of dealing with them.
And I think this has one.
Yeah, no, this is a KDA project
and they feel like they consistently do a very good job
of kind of reying in their designs
during as final design review happens
kind of simplifying it and really making the forms really stand out volumetrically better
as well as continuing design kind of all around the building.
I think they really came back with a much better design for that and a lot of our discussion
was definitely on materials.
They're proposing a very vibrant yellow color.
KDA loves their colors and it was always fun.
And so we had a lot of debate about color, choosing materials, and kind of how the colors
really go together and how to really make them support one another. So, it was, yeah,
it was a good discussion and it's always fun to see more color come the right way because
a lot of times we see a lot of, ya, Mr. Palmetier. Was the yellow and accent colored or the domic?
Oh, no, it wasn't. Okay. That was a domic color, but we had, it was that and like a,
it was actually, they called it a terracotta tile, but it at least was not terracotta color.
it was more of a material of it, it was like a tan color.
So they did a kind of a very bright yellow gold,
tan and green.
And so we were kind of talking to them
about how to really get that yellow gold
to really kind of work with the green and the tan
and how to kind of do that.
So I feel like we've had in VRC a lot of good conversations
about color a lot recently.
And I think that's been something
that's been really exciting and yeah,
KDA does a great job of coming back pretty strong
to final design review, and a lot of thanks to our conversations here as well with that. So, yeah,
that was our only project for that. We have more next, next time we see you. Now that we only have
one meeting a month, we'll always have a committee report for you guys, as we'll always have it the
week before. So, yeah, Commissioner Thompson. Just a question I had. This is on a slightly
9. ZAB Announcements
different subject. Um, I think it was Kelly Hemmergren called in and asked
about open spaces and green spaces. And I'm just wondering, I know that's not
what we we're looking at buildings and not the open spaces. But is there, is
there a place that the city of Berkeley has to talk about open spaces and
integrating those with building because I'm also curious about that and would
like to kind of get involved with that. I would say probably the planning
planning commission would probably be the biggest one, especially if it's not anything to do with private open space.
So, you know, yeah, so I'd say the planning commission, but also we'll obviously let staff speak to that.
Yeah, that's correct. And I do believe within the next few months, they are going to have a conversation about objective design standards.
That would probably be a good part of that conversation.
So I'll make sure that if it's me or Sharon, we'll add it to the announcement so you guys are aware when it actually is happening.
It's wonderful. Yeah, any, I know we'd all probably say that any cool thing coming by the Planning Commission, always feel free to announce to us, because we're a bunch of nerds.
Thank you all so much. That's a great question. I also agree public space is more important now.
Public open space is more important now than ever, and it's always been important. So, does any, before we open up to the staff or anything, does any other other Commissioner have anything to say? No, good.
Commissioner Duffy?
I do have one thing, and it's not a point of order this time,
But I feel like I remember Board Member O'Keefe also using a point of order at times.
And I just wanted to share that, and I do as well,
that you have the ability to either sustain it or override it.
So at your discretion, you can, maybe you already knew that, but
I just want to make sure you're going to override it and talk about the thing that you think is important.
Well of course, I very much appreciate that because it is an important conversation to have on kind of where a purview lands but I did completely agree with your comments and indeed it can be a very slippery slope to get into and so I appreciate that.
I think it's just so good to be here with you all happy 2020 sick I'm very much in
place very young.
Besides that.
Thank you all city staff.
Do you have any other correspondence for us?
No correspondence, but we do have a staff announcement at the time for that.
10. Staff Announcements
We wanted to make sure you're aware that the elections are going to be happening the next
meeting.
So take this months to think about if you want to fill your hat in the way, or if you
We want to make sure that it's on your radar so you actually have time to think about it before the meeting.
So, yeah, next, the February 26th meeting, it will be the elections of the Chair and the Vice Chair, just letting you guys know.
Awesome. Thank you all. And I've been so honored to be able to serve you this past year.
You answered a wonderful commission to, yeah, get to Chair.
But, of course, I'm always happy for challengers, so I know you all have done an amazing job.
I just wanted to say something to staff.
Of course.
So particularly for the 1899 Oxford Street, I so appreciate it that thoroughness with
you wrote the description of the affordable rental housing and the process with that.
It is something I knew, but it's so helpful to see that both for the commission's sake
but then also for the public's sake.
So I just really appreciated that staff report.
It was so helpful to remind myself.
And I just, yeah, I appreciate the bitterness.
So thank you.
Thank you so much.
No, thank you so much staff for all that you're...
Oh yeah, no, sorry.
But yes, no, thank you.
Your staff reports have been wonderful.
I've always been, and I can tell how much work
you've been putting in to really making sure
there's a lot of extreme clarity on there.
Mr. Duffy.
No, that wasn't me.
Oh, that was it.
We all agree.
They're incredibly helpful and we feel very lucky
should be able to work alongside you all on this.
So I'll make a motion to adjourn the meeting.
Someone has to second.
Commissioner Thompson.
I'll second that.
OK, Commissioner Duffy.
Yes.
Chairperson Gaffney.
Yes, Commissioner Thompson.
Yes.
Commissioner Palmatier.
Yes, Commissioner Allen.
Yes, Commissioner Choi.
Yes.
Commissioner Sanderson.
Yes, thank you.
All right, wonderful.
I will see you all in a month.