Zoning Adjustments Board

Thursday, October 14, 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;

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 09/23/10 meeting
                                                     Recommendation: APPROVE

2.  1828 Euclid Avenue
     MODUP #10-70000008 to enclose service stairs located at the rear of an existing building, resulting in
     the extension of a 10-   foot wide, non-conforming rear yard where 12 feet is required, and the addition
     of approximately 92 square feet to a tenant space approved for use as a full service restaurant as part of
     Use Permit #08-10000114
     Applicant: Rene Cardinaux, AIA Architect; 4233 Browns Lane, Petaluma
     Property Owner: John Navrides; 2022 Carignan Way, San Jose
     (Zoning: C-N(H), Neighborhood Commercial Hillside Overlay District; Planner: Leslie Mendez)
                                                    Continued From:    NONE
                                                    Recommendation: APPROVE pursuant to Findings and Conditions

 Appeal of Administrative Use Permit / Staff Level Design Review:
 Appeals of Administrative Use Permit and Design Review 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 or Design Review Secretary’s decision.

3.   2956 Shasta Road     
      Appeal of the Zoning Officer’s decision to approve Administrative Use Permit #09-20000088 to construct
      a two-story addition to an existing single-family residence including a master bedroom suite and garage
      with reduced setbacks.
      Applicant/Property Owner:  James and Heather O'Brien, 2956 Shasta Road, Berkeley
      Appellants:  David Lee and Irene Moore, 2958 Shasta Road, Berkeley
      Other Parties:  David Jackovich, 2961 Shasta Road, Berkeley;
      Stefania Pandolfo, 2954 Shasta Road, Berkeley
      (Zoning:  R-1(H), Single-Family Residential Hillside Overlay District; Planner: Steven Buckley) 
                                                   Continued From:    September 9, 2010
                                                   Recommendation: APPROVE the modified proposal as presented by the
                                                                                       applicant, according to Findings and Conditions

New Hearings: 

4.  1513 Carleton Street
     Use Permit #10-10000022 to demolish an existing one-story, 540 square foot single-family house and
     construct a new two-story, 2,150 square-foot single-family house.
     Applicant/Property Owner:  Bridie McSweeney and Tom Smith, 1710 Lincoln Street, Berkeley
     (Zoning: R-2, Restricted Two-Family Residential District; Planner: Pamela Johnson)
                                                   Continued From:    NONE
                                                   Recommendation: APPROVE pursuant to Findings and Conditions

5.   1889 Solano Avenue
       Use Permit # 10-10000063 to establish full alcohol service (distilled liquor) for on-site consumption at
       an existing restaurant currently serving beer and wine.
       Applicant:  John Gutierrez, 2550 Ninth Street, Suite 202, Berkeley
       Business Owner:  Deepak Aggrawal, 1889 Solano Avenue, Berkeley
       Property Owner:  Joseph Matossain, 1650 San Pablo Avenue, Berkeley
       (Zoning: C-SO, Solano Commercial District; Planner: Nathan Dahl)
                                                  Continued From:    NONE
                                                  Recommendation: APPROVE 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



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

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.