Zoning Adjustments Board
Thursday, November 8, 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;

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
                  Steven Donaldson, 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 10/11/12 meeting
                            Recommendation: APPROVE

Modifications of Use Permits

2. 245 Tunnel Road
Use Permit Modification #12-70000007 to establish an eight-car parking lot for Bentley School faculty and staff
at the Headmaster’s house property located at 245 Tunnel Road.
Applicant: Linda Klein, Cox, Castle & Nicholson LLP, 555 California Street, 10th Floor, San Francisco, CA
Property Owner: Bentley School, 1 Hiller Drive, Oakland, CA 94618
Zoning: R-1H, “Single Family Residential, Hillside Overlay”; Planner: Leslie Mendez
                          Continued From:    NONE 
                          Recommendation: APPROVE Use Permit Modification #12-70000007 subject to Findings and 

Continued Items (Public Hearing has been closed):

3. 1332 Harmon Street  
Appeal of Zoning Officer’s decision to approve Administrative Use Permit #12-20000009 to enlarge a 754
sq. ft. single family residence by constructing 593 sq. ft. 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 to waive the required off-street parking
space for a new 475 sq. ft. Accessory Dwelling Unit.
Applicant: Trevor Tupscott, 15501 San Pablo Avenue, Richmond, CA, 94806
Property Owner: Community First Fund V, 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:    October 11, 2012
Recommendation: UPHOLD
the Zoning Officer’s decision to approve Administrative Use Permit
                                     #12-20000009, and dismiss the Appeal

New Hearings:

4. 1600 Shattuck Avenue  
Use Permit #11-10000048 to modify the existing Sprint wireless telecommunication facility approved by Use
Permit #02-10000053 to remove three existing antennas and replace with three new panel antennas and install
two equipment cabinets within a basement lease space.
Applicant: Sprint c/o Misako Hill, Cortel LLC, 1075-45th Street, Emeryville, CA 94608
Property Owner: 1600 Shattuck Associates, 1625 Shattuck Avenue, Suite 102, Berkeley, CA 94709
Zoning: R-2A/C-NS “Restricted Two-Family Residential” / “North Shattuck Commercial”; Planner: Pamela
Continued From:    NONE
Recommendation: APPROVE
Use Permit #11-10000048 subject to Findings and Conditions

5. 1861 Solano Avenue  
Use Permit #11-10000032 to establish a new wireless telecommunication facility for AT&T including twelve
antennas on the façade of the Oaks Theatre and related equipment in an outdoor lease area.
Applicant: AT&T c/o Valeria Tallerico, 7901 Stoneridge Dr., Ste. 503, Pleasanton, CA 94588
Property Owner: John Gordon/Janis Mitchel, 2095 Rose St., Berkeley, CA, 94709
Zoning: C-SO/R-1(H), “Solano Avenue Commercial” / “Single-Family Residential Hillside Overlay”;
Planner: Pamela Johnson
Continued From:    NONE
Recommendation: APPROVE Use Permit #11-10000032 subject to Findings and Conditions

6. 2433 Martin Luther King Jr. Way  
Use Permit #11-10000010 to construct two dwellings within a two-story, 1,551 square foot building on a 5,200
square foot parcel with an existing one-story, 1,064 square foot, single-family residence.
Applicant: Minxi Liu, 812 Fifth Avenue, Suite D, Oakland, CA
Property Owner: Thanh Thai, 2433 Martin Luther King, Jr Way, Berkeley, CA
Zoning: R-3, “Multiple Family Residential”; Planner: Greg Powell
Continued From:    NONE
Recommendation: APPROVE
Use Permit #11-10000010 subject to Findings and Conditions

7. 2504 Dana Street
Use Permit # 12-1000032
to convert an existing Foster Care center to a Residential Triplex with a new foundation
and significant interior modifications including new and renovated bathrooms and kitchens, a modified roofline,
demolition of an existing garage and parking for three cars.
Applicant: Victor Rasilla, 2 Madsen Court, Moraga, CA
Zoning: R-3, “Multiple Family Residential”; Planner: Greg Powell
Continued From:    NONE
Recommendation: APPROVE
Use Permit #12-10000032 subject 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
Memo: Nuisance Determinations Pursuant to BMC Chapter 23B.64
 Memo: Vehicle Sharing 
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


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. This method is strongly preferred.
• Correspondence received by 4:00 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. Please be advised: Board members do not have an opportunity to read
materials distributed at the meeting. You are strongly advised to submit written comments prior to the
meeting date as Board members do not have an opportunity to read written materials handed out at the
• 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, AICP, ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704 OR at

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.