Agenda
Zoning Adjustments Board
Thursday, October 28, 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 10/14/10 meeting
                                                Recommendation: APPROVE

New Hearings: 

2. 2422 Seventh Street
    Use Permit #10-10000060 to raise an existing one-story, single-family house thereby vertically extending a 
    non-conforming 14-foot front yard setback (where 20 feet is required) and to construct a new, approximately
    996-  square foot dwelling unit on the new first story.
     Applicant/Property Owner:  John Melissa Washburn, 2422 Seventh Street, Berkeley
    (Zoning: R1-A, Limited Two-Family Residential District; Planner: Leslie Mendez)
                                                 Continued From:    NONE
                                                 Recommendation: APPROVE pursuant to Findings and Conditions

3.  1423 Kains Avenue    
     MODUP #10-70000010 and Variance #10-10000071 to modify Use Permit #07-10000045 by reducing the
     amount of approved off-street parking from four spaces to two, where four spaces are required.
     Applicant/Property Owner: Ali Eslami, P.O. Box 4623, Berkeley
     (Zoning: R-2, Restricted Two-Family Residential; Planner: Leslie Mendez)
                                                  Continued From:    NONE
                                                  Recommendation: DENY MODUP #10-70000010 and VAR #10-10000071 
                                                                                       pursuant to Section 23B.32.040

4. 2133 Parker Street
    Administrative Use Permit #10-20000097 to alter the front roof line; expand a rear access stair and deck;
    and relocate parking to the front yard of an existing three-unit building.
    Applicant/Property Owner:  Ali Eslami, P.O. Box 4623, Berkeley
    (Zoning: R-2A, Restricted Multiple-Family Residential; Planner: Greg Powell)
                                                 Continued From:    NONE
                                                 Recommendation: Open the public hearing and continue the hearing to
                                                                                     allow the applicant to prepare an alternative parking
                                                                                     proposal for presentation to the City on later date.

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
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.