Zoning Adjustments Board 
Thursday, December 9, 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 11/04/10 meeting
                                                  Recommendation: APPROVE

Continued Hearings

2.  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:    October 28, 2010
                                                Recommendation: CONTINUE
Off-Calendar While the Applicant Revises Plans

3.  1499 University Avenue
      Use Permit #10-10000014 to construct and operate a 3-story, 16,738 square foot, 39-room tourist
      hotel with a 33-space parking garage, which includes 20 surface parking spaces and 13 attendant-|
      operated tandem mechanical lifts.
      Applicant/Property Owner: Applicant: Dennis Vermeulen, Kava Massih Architects, 2830 Ninth Street,
      Berkeley, CA 94710
      Property Owner: Jay Desai, 6288 Redwood Drive, Rohnert Park, CA 94928
      (Zoning: C-1, General Commercial, Mixed Use Overlay; Planners: Shawna Brekke-Read and Greg Powell)
                                                Continued From:    October 28, 2010
                                                Recommendation: APPROVE
pursuant to Findings & Conditions

New Hearings

4.  1820 Fourth Street
      Use Permit # 10-10000069 to expand existing alcohol service by enlarging an outdoor dining patio
      by   approximately 175 sq. ft. and to modify the original Use Permit # 8677 to reflect the expansion.
      Applicant: Elliot Abrams, 1834 4th Street, Berkeley CA, 94710
      Property Owner: Abrams/Millikan, 1834 4th Street, Berkeley CA, 94710
      (Zoning: West Berkeley Commercial District (C-W); Planner: Nate Dahl)
                                             Continued From:    NONE
                                             Recommendation: APPROVE
pursuant to Findings & Conditions


5. 1818 Tenth Street
     Use Permit #08-10000117 to demolish an existing 1,698-foot single story dwelling unit and
     detached garage and construct two, 1,590-square-foot, two-story detached dwelling units.
     Applicant: Thomas Liu, 20710 Carniel Avenue, Saratoga, CA  95070
     Property Owner: Marvin Louie, 16214 San Remo Dr., San Leandro, CA  94578
     (Zoning: R-1A – Limited Two-Family Residential District; Planner: Leslie Mendez)
                                             Continued From:    NONE
                                             Recommendation: DENY
Use Permit #08-10000117 (without prejudice) 
                                                                                 pursuant to Section 23B.32.040 and subject to the Findings
                                                                                 for Denial


6. 1101 University Avenue
     Use Permit #10-10000056 to modify the existing AT&T wireless telecommunication facility approved
     by Administrative Use Permit #97-20000249 to remove two existing antennas and replace with six
     antennas  within the existing parapet and replace one existing equipment cabinet and install one
     new equipment cabinet within the rooftop lease area.
     Applicant: AT&T c/o Jason Osborne, 755 Baywood Drive, Suite 350, Petaluma, CA 94952
     Property Owner: Berkeley Capital Partners, LLC, P.O. Box 1357, Santa Cruz, CA 95061
     (Zoning: C-W, West Berkeley Commercial; Planner: Pamela Johnson)
                                             Continued From:    NONE
                                             Recommendation: APPROVE
pursuant 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
 -
 Administrative Regulations: Revising the number of affordable units
B. Business Meeting
 -
 Meeting Schedule for 2011
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.
• 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.