Agenda

Zoning Adjustments Board
Thursday, October 13, 2011 – 7:00 PM

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

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Please click here for a PDF version of the agenda


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  

 George Williams (Chairperson), appointed by Councilmember Capitelli
 Michael Alvarez Cohen (Vice-Chairperson), appointed by Councilmember Wozniak
 Deborah Matthews, appointed by Mayor Bates
 Robert Allen, appointed by Councilmember Wengraf
 Toya Groves, appointed by Councilmember Anderson
 Sophie Hahn, appointed by Councilmember Worthington
 Edward Kopelson, appointed by Councilmember Moore
 Elisa Mikiten, appointed by Councilmember Maio
 Sara Shumer, appointed by Councilmember Arreguin  
  

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.  Modification
Projects may be discussed by the Board at this meeting or set for a public hearing at a later meeting.  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.  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 09/22/11 meeting
                                                 Recommendation: APPROVE


2. 1625 Stannage Avenue
Use Permit Modification #10-70000013 to modify approved plans for a new dwelling unit by changing parking
configuration from two uncovered parking spaces to one uncovered space and one detached carport space.
Applicant: Barbara Winslow, JSW/D Architects, 3106 Shattuck Ave., Berkeley, CA 94705
Property Owner: Lifelong Medical Care, P.O. Box 11247, Berkeley, CA 94712
Zoning: R-2, Restricted Two-Family Residential District; Planner: Aaron Sage
                                                Continued From: NONE
                                             Recommendation: APPROVE
Use Permit Modification #10-70000013 
                                                                                 pursuant to Findings and Conditions

Appeal of Administrative Use Permit
 Appeals of Administrative Use Permit 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 decision.

3. 457 Kentucky Avenue
Appeal of Administrative Use Permit #10-20000126 that allowed a fence and a hedge to exceed the six-foot
height limit along the rear property line.
Applicant/Property Owner: Richard Ruggieri/Edith Lavin, 457 Kentucky Avenue, Berkeley, CA 94707
Appellants: Ray and Jan Storch, 456 Vassar Avenue, Berkeley, CA 94707
                       Bruce and Judith Moorad, 460 Vassar Avenue, Berkeley, CA 94707
Zoning: R-1(H), Single-family Residential, Hillside Overlay; Planner: Greg Powell
                                                Continued From NONE
                                            Recommendation: DISMISS
the appeals and affirm the Zoning Officer’s approval
                                                                                of AUP#10-20000126 pursuant to Findings and Conditions.

New Public Hearing

4. 1700 Sixth Street
Use Permit #11-10000028 to modify the existing AT&T wireless telecommunication facility approved by Use
Permit #02-10000048 to add three new antennas, for a total antenna count of nine, on the existing screen wall and
install three new outdoor cabinets on the rooftop.
Applicant: AT&T c/o Jonathan Fong, Lyle Company, 3140 Gold Camp Drive, Suite 30, Rancho Cordova, CA 95670
Property Owner: Susan Libby c/o Sixth Street Berkeley Properties, 1700-6th Street Berkeley, CA 94710
Zoning: MU-R, Mixed-Use Residential District; Planner: Pamela Johnson
                                             Continued From: NONE
                                         Recommendation:  APPROVE
Use Permit #11-10000028 pursuant 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.
• 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.