Agenda
Thursday, July 22, 2010, 7:00 PM

City Council Chambers, 2134 Martin Luther King Jr. Way, 2nd 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 (Chairperson), appointed by Mayor Bates
                        Robert Allen (Vice-Chairperson), appointed by Councilmember Wengraf
                        Michael Alvarez Cohen, appointed by Councilmember Wozniak
                        Jesse Anthony, appointed by Councilmember Anderson
                        Danfeng Koon, appointed by Councilmember Worthington
                        Edward Kopelson, 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
Each Speaker is limited to a maximum of three minutes.

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

Consent Calendar: 
The Consent Calendar allows the Board to take action 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 pm. 

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 06/24/10 meeting
                                                     Recommendation: APPROVE


Compliance Determination:  NONE

Appeal of Administrative Use Permit / Staff Level Design Review:
Appeals of Administrative Use Permit and Design Review applications are not subject to public hearing and
no public testimony will be taken at this time.  The Board may set the matter for public hearing, or affirm the
Zoning Officer’s or Design Review Secretary’s decision.

2.     1537 Delaware Street
         Appeal of Administrative Use Permit #10-20000007 to construct a new accessory building with virtually 
         the same footprint and height as the previous structure, containing 280 sq. ft. one-car garage and
         approximately 477 sq. ft. of habitable space to be used as an art studio, including a half bathroom with a
         toilet and sink and establish a hot tub within the rear yard approximately 50’ from the rear property line and
         5’5” from the west side property line.
         Zoning: R-2 Restricted Two Family Residential; Planner: Nathan Dahl
         Applicant:  Erick Mikiten, 2415 Fifth Street, Berkeley, CA 94710
         Owner:  Mark McGoldrick, 1537 Delaware Street, Berkeley, CA 94701
         Appellant:  Ron Lai, c/o Colette Meunier, 564 Sandy Way, Benicia, CA 94510
                                                                 Continued From: NONE
                                                              Recommendation: DENY the appeal and UPHOLD the Zoning Officer’s
                                                                                                   decision to approve the project subject to Findings and
                                                                                                   Conditions

Continued Items (Public Hearing has been closed):

3.     2004-06 Delaware Street
        Use Permit #09-10000052 to alter and raise a portion of the roof line on a duplex at a property that exceeds
        the maximum lot coverage standards for the district.
        Zoning: R-2A Restricted Multiple Family Residential District; Planner: Pamela Johnson
        Applicant: Sally Lang, Bliss design/build, 4132 Shafter Avenue, Oakland, CA 94609
        Owner: Sylvia Spengler, Oliver Goldschmidt, and Francoise Sorgen Goldschmidt, 2006 Delaware Street,
                      Berkeley. CA 94709
                                                                  Continued From: June 24, 2010
                                                               Recommendation: APPROVE revised design subject to Findings &
                                                                                                   Conditions

Continued Public Hearings: 

4.     2940 Benvenue Avenue – Claremont Branch Library
        Use Permit # 10-10000027 to construct an addition of approximately 340 square feet to the existing
        Claremont Branch Library, and make other interior and exterior improvements.  Includes modification of lot
        coverage requirement, subject to a pending zoning amendment.
        Zoning: R-2A Restricted Multiple Family Residential District; Planner: Aaron Sage
        Applicant/Architect: Gould Evans Baum Thornley, Inc., 95 Brady Street, San Francisco, CA 94103
        Owner:  Donna Corbeil, Director of Library Services, 2090 Kittredge Street, Berkeley, CA 94704
                                                                 Continued From: June 10, 2010
                                                              Recommendation: APPROVE subject to Findings & Conditions


5.     1170 The Alameda – North Branch Library
         Use Permit # 10-10000028 to construct an addition of approximately 3,850 square feet to the existing
         North Branch Library, and make other interior and exterior improvements.  Includes modification of parking
         and lot coverage requirements, subject to a pending zoning amendment.
         Zoning: R-1 Single Family  Residential District; Planner: Aaron Sage
         Applicant/Architect:  Architectural Resources Group, Pier 9, The Embarcadero, San Francisco, CA 94111
         Owner:  Donna Corbeil, Director of Library Services, 2090 Kittredge Street, Berkeley, CA 94704
                                                                Continued From: June 10, 2010
                                                             Recommendation: APPROVE subject to Findings & Conditions

New Public Hearings: 

6.      1819 Solano Avenue 
         Use Permit #10-10000044 to: 1) exceed the quota for Food Service Restaurants in the Solano Avenue
          Commercial (C-SO) District and establish a quick service restaurant in a 1,008 square foot commercial
          tenant space; 2) waive three (3) required off-street parking spaces; and 3) establish a sidewalk bench and
          two sidewalk planter boxes in the public right of way.
          Zoning: C-SO Solano Avenue Commercial District;  Planner: Lief Bursell
          Applicant:  Laura Dalrymple, 6 Indian Rock Path, Berkeley, CA 94707
          Owner:  Arthur Tom, 13056 Ten Oak Way, Saratoga, CA 95070
                                                                Continued From: NONE
                                                             Recommendation: APPROVE subject to Findings & Conditions

7.      3240 Sacramento Street
         Modification #10-70000007 to Use Permit #08-10000127 to reduce off-street parking for an approved
         4-story mixed-use development for transition-age youth from spaces 3 to 2.
         Zoning: C-SA South Area Commercial District; Planner: Aaron Sage
         Applicant:  Affordable Housing Associates, c/o Teresa Clarke, 1250 Addison Street, Suite G, Berkeley, CA
                            94702
                                                                Continued From: NONE
                                                             Recommendation: APPROVE subject to Findings & Conditions

8.      2900 College Avenue
         Use Permit #10-10000046 to allow incidental beer and wine service at an existing restaurant
         (Elmwood Café).
         Zoning: C-E Elmwood Commercial District; Planner: Leslie Mendez
         Applicant:  Kent Royle, Marcy Wong, Donn Logan Architects, 800 Bancroft Way, Berkeley, CA 94701
         Owner:  Hal Brandel, 1933 Francisco Street, Berkeley, CA 94709
                                                                Continued From: NONE
                                                             Recommendation: APPROVE subject to Findings & Conditions


9.      1436 Carleton Street
         Administrative Use Permit #10-20000046 to demolish an existing 240 sq. ft. garage and construct a
         581 sq. ft. accessory building containing a parking space and habitable floor area including a workshop
         and half bathroom (toilet and sink).
         Zoning: R-1 Single Family Residential District; Planner: Nathan Dahl
         Applicant/Owner:  Ryan Lau, 1436 Carleton Street, Berkeley, CA 94702
         Other Party:  Lorna Kollmeyer, 1440 Carleton Street, Berkeley, CA 94702
                                                                Continued From: NONE
                                                             Recommendation: APPROVE subject to Findings & Conditions

10.    2806 Stuart Street
          Administrative Use Permit #09-20000155 to construct a 153 sq. ft. accessory building containing a half
          bathroom (toilet and sink) in the southwest corner of the lot.
          Zoning: R-2 Restricted Two Family Residential District; Planner: Nathan Dahl
          Applicant/Owner: Phyllis O’Neil, 1912 7th Street, Berkeley, CA 94710
                                                               Continued From: NONE
                                                             Recommendation: APPROVE subject to Findings & Conditions
11.    18 Del Mar Avenue
          Administrative Use Permit #09-20000102 to enlarge an existing 1,399 sq. ft. single family residence by
          constructing a 283 sq. ft. addition, resulting in a new 1,682 sq. ft. residence, increasing the average height
          from 18’ to 22’, and to vertically extend a non-conforming front and rear yard setback.
          Zoning: R-1(H) Single Family Residential – Hillside District; Planner: Pamela Johnson
          Applicant/Owner: John and Elaine Quiter, 3286 Keeshen Drive, Los Angeles, CA 90066
                                                               Continued From: NONE
                                                            Recommendation: APPROVE subject to Findings & Conditions


12.    1760 Solano Avenue  
          Use Permit Modification #09-70000017 to modify the T-Mobile wireless telecommunication facility
          approved by AUP #98-20000229 to allow the replacement  of three existing antennas and permit one
          additional equipment cabinet.
          Applicant:  T-Mobile Communications, c/o Alex Morin, 1888 Golden Gate #20, San Francisco, CA 94112
          Owner:  Arnold and Dorothy Intorf Trust, c/o Stephen Ng, 1760 Solano Avenue, Berkeley
                                                              Continued From: NONE
                                                            Recommendation: DENY subject to Findings & Conditions

Additional Agenda Items:
The following agenda items may be discussed, but no action may be taken unless a specific item is listed on
this agenda.
A. Information/Communication
B. Business Meeting
C. Chairperson’s Report
D. Current Business/Committee Appointment
E. Future Agenda Items
F. Other Matters
        *Permit fee regulations

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
or if in color or photographic format.
• Correspondence received by the 5:00 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


  clip_image001.jpg Accessibility Information / ADA Disclaimer
This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to
participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at
981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date.  Please refrain from wearing
scented products to this meeting.

SB 343 Disclaimer
Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be
made available for public inspection at the Permit Service Center, Planning and Development Department located
at 2120 Milvia Street, Berkeley, during regular business hours.

Legal 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 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.
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.