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Agenda
Zoning Adjustments Board
Thursday, May 13, 2010, 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr.  Way, Second Floor
Berkeley, CA 94704 (Wheelchair Accessible)


Public Testimony Guidelines
The Board Chairperson may limit the number of speakers and the length of time allowed to each speaker. 
To speak at a public hearing, complete a speaker card and submit to Planning Staff (1) as early as possible
at the meeting, or (2) at the Permit Service Center, 2120 Milvia Street, before 5:00 pm on the day of the
hearing. 

At the start of the meeting the Board may rearrange the agenda or place additional agenda items on the
Consent Calendar, so it is important to submit speaker cards at the start of the meeting to avoid losing the
chance to speak to an item.

The Board encourages the public to submit comments in writing or by e-mail in advance of the meeting. 
See Correspondence and Notice of Decision Requests at the end of this Agenda for procedures.

How to Contact Us:  Land Use Planning Division (Attn: Steven Buckley, ZAB Secretary), 2120 Milvia Street,
Berkeley, CA 94704; (510) 981-7410; zab@ci.berkeley.ca.us

  Roll Call: Deborah Matthews (Chair), appointed by Mayor Bates
  Robert Allen (Vice-Chair), appointed by Councilmember Wengraf
  Michael Alvarez Cohen, appointed by Councilmember Wozniak
  Jesse Anthony, appointed by Councilmember Anderson
  Danfeng Koon, appointed by Councilmember Worthington
  Teresa Clarke, appointed by Councilmember Moore
  Elisa Mikiten, appointed by Councilmember Maio
  Sara Shumer, appointed by Councilmember Arreguin  
  George Williams, appointed by Councilmember Capitelli

Ex Parte Communication Disclosures
In the context of adjudicative matters that come before the ZAB, ex parte communications are those which
occur outside the formal hearing process.  ZAB members should avoid ex-parte contacts on matters
pending before the ZAB as much as possible, as they may represent, or be perceived to represent, the
receipt of evidence that can unfairly influence a Board member’s decision on a matter before the Board. 
If such contacts do occur, they must be placed in the record and disclosed to all interested parties sufficiently
in advance of the decision to allow rebuttal. 

Public Comment
The Board invites comment on topics not otherwise on the agenda.  Each Speaker is limited to a maximum
of three minutes.

Agenda Changes
The Board Chair may reorder the agenda at the beginning of the meeting.

Consent Calendar: 
The Consent Calendar allows the Board to take action with no discussion, on projects to which no one objects. 
The Agenda includes three types of Consent Calendar items:  (1) Approval of previous meeting minutes; (2)
Modifications of existing Use Permits (which have not been noticed for public hearings); (3) Items being continued
to another meeting (Board action has been postponed to another meeting).  The Board Chairperson will announce
items for the Consent Calendar at 7:05 p.m.  The Board may place additional Agenda items on the Consent
Calendar, if no one present wishes to testify on an item.  Anyone present who wishes to speak on an item should
raise his or her hand and advise the Chairperson, and the item will be pulled from the Consent Calendar. 
Modification Projects may be discussed by the Board at this meeting or set for a public hearing at a later meeting. 
Items already noticed for a public hearing will be heard following Continued Items, or, if necessary, posted for a
public hearing at a subsequent meeting.

1.  Approval of Previous Meeting Minutes
     Minutes from 04/22/10 meeting
                                                  Recommendation: APPROVE

2.  1600 Shattuck Avenue, Suite 100
      Use Permit Modification #10-70000005 to Use Permits #9955, #A2007 and #A2148, to establish a café,
      provide 5 on-site parking spaces through a Joint Use Parking Agreement rather than 10 off-site spaces
      at 1665-67 Shattuck Avenue. (Zoning: C-NS, North Shattuck Commercial)
      Applicant:    David Shamszad, 6001 Shellmound St. #825, Emeryville, CA 94608
      Property Owner:   Daniel and Hilary Goldstine, 1749 Martin Luther King, Jr. Way, Berkeley, 94709
                                                 Continued From:   April 22, 2010
                                              Recommendation:   APPROVE
pursuant to Findings and subject to modified
                                                                                     Conditions

3.  2307-09 California Street
      Use Permit #08-10000097
to renovate an existing one-story duplex, and construct a new, approximately 
      697-square-foot second story on a property that is non-conforming for residential density and setbacks. (Zoning:  R-2,  
      Restricted Two-Family Residential District)
      Applicant:  Edward Soos, 2303 California Street, Berkeley, CA  94703
                                               Continued From:     October 8, 2009
                                             Recommendation:    Continue to June 10, 2010

Compliance Determination:  NONE

Appeal of Administrative Use Permit/Staff Level Design Review:  NONE

Continued Items (Public Hearing has been closed): NONE

Continued Public Hearings: 

4.  1625 Shattuck Avenue
     Use Permit #08-10000047
 to establish a new wireless facility for AT&T, including eight directional panel
     antennas and four equipment cabinets on the roof of an existing three-story building. (Zoning:  C-NS, North
     Shattuck Commercial)
     Applicant:   AT&T c/o Shannon McDougall, Cortel LLC, 26 Stoneyford Avenue, San Francisco, CA  94112
     Property Owner:  Investor’s LLC, 1625 Shattuck Avenue, Berkeley, CA  94709
                                                Continued From:    October 8, 2009
                                             Recommendation:    APPROVE
pursuant to Findings and Conditions

5.  2121 San Pablo Avenue
     Use Permit # 10-10000011
 to establish a full-service restaurant and bakery that serves beer and wine with
     meals and offers incidental retail food, beer and wine sales and incidental catering and wholesale of pastries
     with daily operating hours of 6 a.m. to midnight.  (Zoning:  C-W, West Berkeley Commercial District)
     Applicant:   Anja Voth, 1929 8th Street, Berkeley CA, 94710
     Property Owner:  Bruce and John Gordon, 2091 Rose Street, Berkeley CA, 94709
                                              Continued From:     April 8, 2010
                                           Recommendation:     APPROVE
pursuant to Findings and Conditions, including reduced
                                                                                   operating hours

6.  1006 Creston Road      
      Administrative Use Permit #09-20000034
 to construct a three-story, 3,049 gross square foot main dwelling
      with a 833 gross square foot, unfinished basement area.   The average height of this building would be 25 feet
      and the maximum height would be 28-feet, 8 inches. Two off-street parking spaces would be provided within a
      carport to supply the parking for a main dwelling and an accessory dwelling unit (ADU).  Above the new dwelling
      would be an open-air, 248 square foot, roof deck and an enclosed 220 square foot viewing room that would 
      project above the roof.  A lower floor, 640 gross square foot, accessory dwelling unit would be located within the
      western portion of the building, with access to be provided along the southern building elevation. (Zoning:
      R-1(H), Single-Family Residential, Hillside Overlay)
      Applicant:    Mark Anderson, AIA, Anderson Anderson Architecture, 90 Tehama Street, San Francisco
      Property Owner:   Christine Sheppard, P. O. Box 1007, Jamestown, ND
      Appellant:   Joseph Wood of Hennefer, Finley & Wood, LLP, 425 California Street, San Francisco
                                             Continued From: April 22, 2010
                                         Recommendation: APPROVE
pursuant to Findings and Conditions

New Public Hearings:
  
7.  2412 Stuart Street
     Appeal of Administrative Use Permit #09-20000070
to eliminate one dwelling unit in a 3,070 square foot
     multi-family residential apartment building with five dwelling units. (Zoning:  Restricted Two-Family Residential
     (R-2) District)
     Applicant:    Mary Jennifer Friday, 2412 Stuart Street #1, Berkeley CA 94705
     Appellant:   Anne Tamiko Omura, Esq., Eviction Defense Center, 1611 Telegraph Avenue # 726, Oakland, CA 
                           94612
                                           Continued From: April 8, 2010 – set for hearing
                                        Recommendation: AFFIRM
the Zoning Officer’s decision to approve the project, subject
                                                                            to the Findings and Conditions

8.  2721 Shattuck Avenue
     Use Permit #09-10000070 to co-locate a new T-Mobile wireless facility, including eight directional panel 
     antennas and four equipment cabinets, on the roof of an existing four-story building (Zoning:  C-SA,
     South Area  Commercial District)
     Applicant:   T-Mobile c/o Dayna Aguirre, Sutro Consulting, 4166 Clarinbridge Circle, Dublin, CA  94568
     Property Owner:  2721 Shattuck, LLC, 2116 Allston Way, Suite 1, Berkeley, CA  94704
                                          Continued From: NONE
                                       Recommendation: APPROVE
pursuant to Findings and Conditions

9. 2400 Telegraph Avenue    
    
Use Permit #10-100000013 to exceed the quota for Quick Service Restaurants in the Telegraph Commercial
    (C-T) District and establish a frozen yogurt shop in a 1,170 square foot, retail tenant space.
    Applicant:   Brady Thus, 502 Los Gatos Way, San Mateo, CA 94403
                                          Continued From: NONE
                                       Recommendation: APPROVE
pursuant to Findings and Conditions

Additional Agenda Items:
A. Information / Communication
          •Staff report regarding 2926 Domingo with attached Findings and Conditions
B. Business Meeting
C. Chair’s Report
D. Current Business / Committee Appointment
E. Future Agenda Items
F. Other Matters
G. Future Council Hearings on ZAB decisions

Adjourn

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.
• Correspondence received by the 5 pm 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.
• Correspondence received by the 5 pm 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 zab@ci.berkeley.ca.us

Communication Access
To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the
meeting, call the Current Planning Division at 981-7410 (voice) or 981-7474 (TDD); at least three (3) working days
notice will ensure availability. 

Legal Notice Concerning Your Legal Rights
If you object to a decision by the Zoning Adjustments Board to approve or deny a use permit or variance for a 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), 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 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.
5. 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.
6. 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.