Agenda

 Zoning Adjustments Board
Thursday, September 23, 2010 – 7:00PM

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 it to the 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.

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 that 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 09/09/10 meeting
                                                   Recommendation: APPROVE

Compliance Determination:

2.  1284 San Pablo
      Public Hearing to Consider Recommendation to City Council as to Whether the Bingo Facility at 1284 
     San Pablo Avenue is in Violation of Use Permit #A954 (Resolution No. 53,501-N.S.) Under BMC Section
     23B.60.020
     Owner/Representatives: 
          McDermott Family Limited Partnership, 1287 Washington, Albany, CA 94706-1730
          George F. McDermott, 1284 San Pablo Avenue, Berkeley, CA 94706
          George F. McDermott, 1049 Gilman Street, Berkeley, CA 94710
          Frank M Ennix, Attorney, 576-10th Street, Oakland, CA 94507
          Ulysses Cooperwood, Youth Actors Company, 1994 Galbreth Road, Pinole, CA 94564-1815
          William Carpenter, East Bay Charities, 20635 Maria Court, Castro Valley, CA 94546
          (Zoning: C-W, West Berkeley Commercial)
                                                 Continued From:    NONE
                                                 Recommendation:
 Take testimony and make recommendations to the City Council
                                                                                      as to the appropriate remedy, if any, including modification of
                                                                                      the Use Permit, imposition of additional conditions, or 
                                                                                      revocation

New Hearings: 

3.  2300 Fourth Street
     Use Permit #09-10000084 to establish a new wireless facility for T-Mobile, including six directional
     antennas on the roof of an existing building and related equipment cabinets within the first floor of the
     building.
     Applicant:
T-Mobile c/o Dana Aguirre, Sutro Consulting, 4166 Clarinbridge Circle, Dublin, CA 94568
     Property Owner: Carla Nunes, 306 Bear Oaks Land, Briones, CA 94553
     (Zoning:  MU-LI, Mixed Use Light Industrial; Planner: Pamela Johnson)
                                                Continued From:    NONE
                                                Recommendation: APPROVE
pursuant to Section 23B.32.040 and subject to 
                                                                                    Findings and 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

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.

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 protes
t 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.