Agenda
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Zoning Adjustments Board
Thursday, July 26, 2012 – 7:00 PM

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 to Planning Staff (1) as early as possible at the meeting, or (2)
at the Permit Service Center, 2120 Milvia Street, before 4:00 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: Terry Blount, AICP, 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
                  Vacant, 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. 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 07/12/2012 meeting
                                                Recommendation: APPROVE


New Hearings:

2. 1610 Fifth Street
     Use Permit #12-10000010 to (1) legalize prior combination of two tenant spaces within MU-R portion of building;
     (2) change MU-R portion of building from warehouse with ancillary office to office with ancillary storage/receiving;
     and (3) change 6,369 square feet of warehouse space in MU-LI portion of building to office.
     Applicant: Cedar Fourth Street Partners, 5801 Christie Avenue, Suite 680, Emeryville, CA 94608
     Zoning: MU-LI “Mixed-Use Light Industrial” and MU-R “Mixed-Use Residential”
     Planner: Aaron Sage
                                                   Continued From:    None 
                                                   Recommendation: APPROVE Use Permit #12-10000010 subject to the 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. 1332 Harmon Street     
    
Appeal of Administrative Use Permit #12-20000009 to (1) enlarge a 754 sq. ft. single family residence by
     constructing a 593 sq. ft. addition to the lower level and a 482 sq. ft. new second story for a total addition of 1,075
     sq. ft., resulting in a new 1,829 sq. ft. residence and (2) waive the required off-street parking space for a new 475
     sq. ft. Accessory Dwelling Unit
     Applicant & Property Owner: Trevor Tapscott, 15501 San Pablo Avenue, Richmond, CA, 94806
     Appellant: Reginald Pates, Robert Mokrick, Tania Wells, et al., 1400 Harmon Street, Berkeley, CA 94702
     Zoning: R-2A “Restricted Multiple-Family Residential”; Planner: Pamela Johnson
                                                   Continued From:    None
                                                   Recommendation: UPHOLD the Zoning Officer’s decision to approve Use 
                                                                                        Permit #12-20000009 and DISMISS the appeal.


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. Discussion Item

C. Business Meeting

D. Chairperson’s Report

E. Current Business/Committee Appointment

F. Future Agenda Items

G. Other Matters
      Future Council Hearings on ZAB Decisions
                i. September 11, 2012 – 2727 Milvia Street (Iceland)

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 5:00 pm the 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: Terry Blount, ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704 OR at
zab@ci.berkeley.ca.us

clip_image001.jpgAccessibility 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.