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Z ONIN G
A DJUSTMENT S
B OAR D
Notice of Public Hearin g
Land Use Planning Division
1947 Center Street, Second Floor, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
1048 Keith Avenue
Use Permit #ZP2024-0014
to demolish a 2,760-square-foot single-family
dwelling, and construct a two-story (25 feet tall), 3,600-square-foot single- family dwelling within the rear setback and parking pad in the front setback.
The Zoning Adjustments Board of the City of Berkeley will hold a public hearing on the above matter, pursuant to Zoning Ordinance, Sec
tion 23.404.050 (Public Hearings and Decisions)
When: Thursday, January 9, 2025, 7:
00 pm
Where: Berkeley Unified School District meeting room , 1231 Addison Street, (wheelchair accessible) with remote/hybrid option (v
ia Zoom).
Please visit: https
://berkeleyca.gov/your-government/boards-commissions/zoning- adjustments-board and click on the hearing date to access the most up-to-date meeting information, or call the Land Use Planning division (510) 981-7410.
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH
IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION AVAILABLE FOR MEMBERS OF THE PUBLIC.
For in-person attendees, face coverings or masks that cover both the nose and mouth are encouraged. If you’re feeling sick, please do not attend the meeting in-person as a public health precaution.
Currently, there are no physical distancing requirements in place by the State of California or the Local Health Officer for an indoor event similar to a Commission meeting. However, all attendees are requested to be respectful of the personal space of other attendees. An area of the public seating area will be designated as “distanced seating” to accommodate persons that need to distance for personal health reasons.
A. Land Use Designations:
• General Plan: Low Density Residential (LDR)
• Zoning: Single-Family Residential – Hillside Overlay (R-1H) District ITEM #2, ATTACHMENT 5
ZAB 2025-01-09
1048 KEITH AVENUE NOTICE OF PUBLIC HEARING
ER 18, 2024
\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Keith\1048\ZP2024-0014\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]
B. Zoning Permits Required:
• Use Permit, pursuant Berkeley Municipal Code (BMC) Section 23.326.030(B)(1) to demolish a dwelling unit
• Use Permit, pursuant to BMC Section 23.202.020(B) to construct a single-family dwelling unit
• Administrative Use Permit, pursuant to BMC Section 23.210.020(C)(4), to reduce the building setbacks in the Hillside Overlay Zone
• Administrative Use Permit, pursuant to BMC Section 23.322.080(E)(2)(b), to allow unenclosed off-street parking within the front setback
• Administrative Use Permit, pursuant to BMC Section 23.304.070(C)(1) to construct an unenclosed structure (trellis) within the front setback C. CEQA Recommendation: Categorically exempt pursuant to Section 15303 of the CEQA
Guidelines (“New Construction or Conversion of Small Structures”) D. Parties Involved:
• Applicant/Property Owner: Lindsay Newman, 1048 Keith Avenue, Berkeley, CA, 94708 Further Information:
All application materials are available online at:
https://aca.cityofberkeley.info/CitizenAccess/Welcome.aspx.
The Zoning Adjustments Board final agenda and staff reports will be available online 6 days prior to this meeting at: https://berkeleyca.gov/your-government/boards-commissions/zoning-adjustments- board.
Questions about the project should be directed to the project planner, Waqar Shah, at (510) 981-7469 or WS
[email protected].
Written comments or a request for a Notice of Decision should be directed to the Zoning Adjustments Board Secretary at zab@ber
keleyca.gov.
Communication Disclaimer:
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e- mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If
you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.
Written Comments, Com
munications, and Reports:
Written comments must be directed to the ZAB Secretary at the Land Use Planning Division (Attn: ZAB Secretary), or via e-mail to: [email protected]. All materials will be made available via the Zoning Adjustments Board Agenda page online at this address: https://berkeleyca.gov/your- government/boards-commissions/zoning-adjustments-board
ITEM #2, ATTACHMENT 5
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1048 KEITH AVENUE NOTICE OF PUBLIC HEARING
ER 18, 2024
\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Keith\1048\ZP2024-0014\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]
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.
Correspondence received by 5:00 PM, eight days before this public hearing, will be provided with the agenda materials provided to the Board. Note that if you submit a hard copy document of more than 10 pages, or in color, or with photos, you must provide 15 copies. Correspondence received after this deadline will be conveyed to the Board in the following manner:
• Correspondence received by 5:00 PM two days before this public hearing, will be conveyed to the Board in a S
upplemental Communications and Reports, which is released around noon one day before the public hearing; or
• Correspondence received after 5:00 PM two days before this public hearing will be saved in the project administrative record.
Accessibility Information / ADA Disclaimer:
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.
SB 343 Disclaimer:
Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available to the public. Please contact the Land Use Planni ng Division
([email protected]) to request hard-copies or electronic copies.
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.
2. You must appeal to the City Council within 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 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 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 ITEM #2, ATTACHMENT 5
ZAB 2025-01-09
1048 KEITH AVENUE NOTICE OF PUBLIC HEARING
ER 18, 2024
\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Keith\1048\ZP2024-0014\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]
right to claim that your property has been taken, both before the City Council and in court.
ITEM #2, ATTACHMENT 5
ZAB 2025-01-09
Attachment 4
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
ZAB APPEAL: 1048 KEITH AVENUE, USE PERMIT ZP2024-0014
The public may participate in this hearing by remote video or in-person.
Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, MAY 06, 2025 at 6:00 P.M. a public hearing will be conducted to consider an appeal against a decision by the Zoning Adjustment Board to APPROVE Zoning Permit #ZP2024-0014 to demolish a 2,760 square-foot single-family dwelling, and construct a two-story (25 feet tall), 3,600 square-foot single-family dwelling. The project includes a reduction of the rear building setback from 20 feet to 15 feet, two unenclosed off-street parking spaces within the front setback, the construction of a trellis within the front setback, and the installation of a fence and retaining wall along the lot line.
The hearing will be held on, May 6, 2025 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.
For further information, please contact Robert Rivera, Senior Planner at (510) 981-7480 A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of April 24, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council 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 the City Council, 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 City Clerk. 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 City Clerk at (510) 981-6900 or [email protected] for further information. __________________________________
Mark Numainville, City Clerk
Mailed by: April 22, 2025
Noticed Pursuant To: Berkeley Municipal Code Section 23.404.040(B), Public Hearing Notice
Attachment 4
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny(Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6, no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
If you challenge the above 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 City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 10 days prior to the public hearing.
Administrative Record
This attachment is on file and available for review at
the City Clerk Department, or can be accessed from
the City Council Website. Copies of the attachment
are available upon request.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:
The City of Berkeley’s Website
http://www.berkeleyca.gov
Attachment
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
To search for communications associated with a particular City Council meeting using Records Online:
1. Select Search Type = “Public – Communication Query (Keywords)”
2. From Date: Enter the date of the Council meeting
3. To Date: Enter the date of the Council meeting (this may match the From Date field)
4. Click the “Search” button
5. Communication packets matching the entered criteria will be returned
6. Click the desired file in the Results column to view the document as a PDF