04 public hearing subject: zab appeal: 2204 dwight way · 4/23/2015 · january 13, 2015 page 3...

Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

PUBLIC HEARING January 13, 2015

To: Honorable Mayor and Members of the City Council

From: Christine Daniel, City Manager

Submitted by: Eric Angstadt, Director, Planning & Development

Subject: ZAB Appeal: 2204 Dwight Way

RECOMMENDATION Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny Use Permit No. 13-10000024 to construct a new, three-story, approximately 3,224 square-foot duplex at the rear of an existing 5,400 square-foot site.

FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS On July 24, 2014 the Zoning Adjustments Board (ZAB) held a public hearing and denied the application by a 6-0-2-1 vote (Yes: Williams, Pinto, O’Keefe, Hahn, Tregub, Alvarez-Cohen; No: Williams; Abstain: Donaldson, Pinkston; Absent: Allen). On June 24, 2014, the ZAB approved the findings for denial of the application by a 6-2-1-0 vote (Yes: Hahn, Pinkston, O’Keefe, Pinto, Tregub, Williams No: Allen, Donaldson; Abstain: Mikiten; Absent: None). On July 29, 2014, staff issued the notice of the ZAB decision. On August 12, 2014, Marc Madrigal filed an appeal with the City Clerk. The Clerk set the matter for review by the Council on January 13, 2015.

BACKGROUND The project would demolish a four-car carport located at the rear of the parcel and construct a new three-story, 3,400 square foot duplex located 10 feet from the rear (south) property line. Each bi-level unit will consist of three bedrooms, three bathrooms, an eat-in kitchen and family room. Parking will be provided below grade at the companion project site located at 2201 Blake Street and accessed via the driveway at 2204 Dwight.

At the hearing the ZAB denied the project and at a subsequent hearing adopted the following findings for denial:

ATTACHMENT 7 ZAB 04-23-15 of 36

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Typewritten Text

04

ZAB Appeal: 2204 Dwight Way PUBLIC HEARING January 13, 2015

The project as proposed does not include sufficient parking to support the dwelling units, and because the area already suffers from insufficient on street parking, this would be detrimental to the adjacent residences.

ENVIRONMENTAL SUSTAINABILITY The project is in compliance with all state and local environmental requirements.

RATIONALE FOR RECOMMENDATION The issues raised in the appellant’s letter, and staff’s responses, are as follows. For the sake of brevity, the appeal issues are not re-stated in their entirety; refer to the attached appeal letter for full text.

Issue 1: The appeal argues that the project would provide home-ownership opportunities for themselves and other young families: “Although we would someday like to buy property here, we would not be able to in its current unfinished state without the proposed condo map conversion.” [p. 1 of attached appeal letter]

Response 1: The project proposed to construct two new dwellings on a site that currently has on-site parking and provide the required parking for all units on another parcel (2201 Blake Street).

The ZAB found that the project would be detrimental to the city and immediate area due to the lack of adequate parking for the project. The appeal does not provide any information that would contradict the ZAB’s finding.

Additionally, the denial of this project does not preclude the owner of the property from converting the existing dwelling units into condominiums.

ALTERNATIVE ACTIONS CONSIDERED Pursuant to BMC Section 23B.32.060.B, the Council may (1) affirm the ZAB decision and dismiss the appeal, (2) overturn the ZAB decision and approve the project, (3) remand the matter to the ZAB.

Action Deadline: Pursuant to BMC Section 23B.32.060.C, if none of the three actions described above has been taken by the Council within 30 days from the date the appeal first appears on the Council agenda (not including Council recess), then the decision of the Board shall be deemed affirmed and the appeal shall be deemed denied.

CONTACT PERSONS Carol Johnson, Land Use Planning Manager, Planning & Development Department, (510) 981-7411 Claudine Asbagh, Planning & Development Department, (510) 981-7424

ATTACHMENT 7 ZAB 04-23-15 Page 2 of 36

ZAB Appeal: 2204 Dwight Way PUBLIC HEARING January 13, 2015

Attachments: 1: Resolution

Exhibit A: Findings and Conditions Exhibit B: Project Plans dated “Received July 3, 2013”

2: Appeal Letter dated August 12, 2014 3: ZAB Staff Report, dated July 10, 2014 4: Index to Administrative Record 5: Administrative Record 6: Public Hearing Notice

ATTACHMENT 7 ZAB 04-23-15 Page 3 of 36

RESOLUTION NO. ##,###-N.S.

DENYING USE PERMIT NO. 13-10000024 TO CONSTRUCT A NEW, THREE-STORY, APPROXIMATELY 3,224 SQUARE-FOOT DUPLEX AT THE REAR OF AN EXISTING 5,400 SQUARE-FOOT SITE IN THE MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-3) ZONING DISTRICT AND DISMISSING THE APPEAL

WHEREAS, on May 21, 2013, Nathan George (“applicant”) filed an application for a Use Permit to construct a construct a new, three-story, approximately 3,224 square-foot duplex at the rear of an existing 5,400 square-foot site (“project”); and WHEREAS, on September 25, 2013, staff deemed this application complete and determined that the project is categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15332 (“In-fill Development Projects”); and WHEREAS, on June 26, 2014, staff mailed and posted a Notice of Public Hearing for the project in accordance with BMC Section 23B.32.020; and WHEREAS, on July 10, 2014, the ZAB held a public hearing in accordance with BMC Section 23B.32.030, and denied the project; and WHEREAS, on July 29, 2014, staff issued the notice of the ZAB decision; and WHEREAS, on August 12, 2014, Marc Madrigal filed an appeal of the ZAB decision with the City Clerk; and WHEREAS, on January 13, 2015, the Council held a public hearing to consider the ZAB’s decision, and, in the opinion of this Council, the facts stated in, or ascertainable from the public record, including comments made at the public hearing, warrant approving the project. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby denies Use Permit No. 13-10000024, and adopts the findings and conditions in Exhibit A and the project plans in Exhibit B. Exhibits A: Findings and Conditions B: Project Plans dated “Received July 3, 2014”


A t t a c h m e n t 1

F i n d i n g s

Zoning Adjustments Board

J U L Y 2 4 , 2 0 1 4

2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420

E-mail: [email protected]

2204 Dwight Way Use Permit #13-10000024 to construct a new, three-story, approximately 3,224 square-foot duplex at the rear of an existing 5,400 square-foot site.

FINDINGS FOR DENIAL 1. Pursuant to Berkeley Municipal Code Sections 23B.32.040, General Non-Detriment

Finding, the Zoning Adjustments Board finds that the project described above, under the circumstances of the particular case existing at the time at which the application is granted, WILL BE detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City, for the following reason:

� The project as proposed does not include sufficient parking to support the dwelling units, and because the area already suffers from insufficient on street parking, this would be detrimental to the adjacent residences.

Exhibit A - Finding and Conditions Page 1 of 1


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Attachment 2 - Appeal Letter Page 1 of 5


Z O N I N G

A D J U S T M E N T S

B O A R D

S t a f f R e p o r t

2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]

FOR BOARD ACTION

JULY 10, 2014

2204 Dwight Way Use Permit #13-10000024 to construct a new, three-story, approximately 3,224square-foot duplex at the rear of an existing 5,400 square-foot site.

I. Background

A. Land Use Designations: � General Plan: Southside Plan, Residential Medium Density Subarea � Zoning: R-3, Multiple-Family Residential District

B. Zoning Permits Required: � Use Permit for new dwelling units, under BMC 23D.36.030 � Administrative Use Permit to reduce the rear yard setback, under BMC Section

23D.36.070.D.1 � Administrative Use Permit to reduce the distance between buildings, under BMC

Section 23D.36.070.D.2 � Administrative Use Permit to locate required off-street parking on a separate parcel

under BMC Section 23D.12. 030 � Use Permit to create more than six bedrooms on a single parcel under BMC

23D.36.060

C. CEQA Determination: Categorically exempt pursuant to Section 15332 (“In-fill

Development Projects”). D. Parties Involved:

� Applicant/Property Owner Nathan George 2201 Blake Street Berkeley, CA 94704

Attachment 3 - ZAB Staff Report Page 1 of 8


ZONING ADJUSTMENTS BOARD 2204 DWIGHT WAY July 10, 2014 Page 2 of 8

File: G:\LANDUSE\Projects by Address\Dwight\2204\UP 13-10000024\WORKING\ZAB 7-10-14\2014-07-10_Staff Report.docx

Figure 1: Vicinity Map

Figure 2: Site Plan

Project Site

2201-2205 Blake (companion project site)





Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation

Subject Property Duplex R – 3 Medium Density Residential

Surrounding Properties North Duplex and Multi-

Family Residential R – 3 Medium Density Residential

South Four unit property R – 2A Medium Density Residential

East Triplex R – 3 Medium Density Residential

West Multi-Family Residential R – 3 Medium Density Residential

Table 3: Project Chronology

Date Action

May 21, 2013 Use Permit and Landmarks Structural Alteration Permit (SAP) Applications submitted for project and companion project at 2201 Blake Street

September 12, 2013 LPC hearing for Blake Street project

October 29, 2013 Appeal of LPC submitted by Lozeau Drury for Gale Garcia and “No Mini Dorm Village for Le Conte Neighborhood”

December 17, 2013 City Council Approval of SAP

June 26, 2014 Public Hearing Notices mailed

July 10, 2014 ZAB Public Hearing

Table 4: Development Standards StandardBMC Sections 23(click and enter #).070-080

Existing Addition/(Reduction)

Proposed Total

Permitted/Required

Lot Area (sq. ft.) 5,400 No Change No Change 5,000

Gross Floor Area (sq. ft.) 2,830 3,224 6,054 N/A

Dwelling Units Total 2 +2 4 2

Building Height

Average (ft.) -- 31’ 11 31’ 11 N/A

Maximum (ft.) -- 34’ 9” 34’ 9” 35

Stories -- 3 3 N/A

Building Setbacks (ft.)

Front -- N/A 22 20

Rear -- 67 10 15

Left Side -- 14 4

Right Side -- 6 6

Lot Coverage (%) 22.6 +16 38.6 40

Usable Open Space (sq. ft.) 555 +278 833 800

Parking (Provided at 2201 Blake St.) 4 -4 4 (off-site) 4





II. Project Setting A. Neighborhood/Area Description:

The project site is located within the Southside Plan Residential Medium Density area of the City, four blocks south of the UC Berkeley campus and one block east of Shattuck Avenue, one of the City’s main commercial corridors. The subject neighborhood has a mix of one, two and three-story multi-family residential buildings that vary in architectural styles. The Board recently approved a 77 unit residential project of 5 stories directly across the site at 2201 Dwight Way.

B. Site Conditions:

The site is developed with a two-story, 2,830 square foot duplex at the front of the site and a four car carport at the rear.

III. Project Description

The project would demolish a four-car carport located at the rear of the parcel and construct a new three-story, 3,400 square foot duplex located 10 feet from the rear (south) property line. Each bi-level unit will consist of three bedrooms, three bathrooms, an eat-in kitchen and family room. Parking will be provided below grade at the companion project site located at 2201 Blake Street and accessed via the driveway at 2204 Dwight.

IV. Community Discussion A. Neighbor/Community Concerns: Prior to submitting an application to the City, a pre-

application poster was erected by the applicant in April 2013. On June 26, 2014, the City mailed 127 notices to property owners and occupants within a 300 foot radius as well as to interested neighborhood organizations. As of the writing of this report, staff has received correspondence regarding the companion project at 2201 Blake Street. Please see attachment 4 for 2201 Blake Street Project.

B. Committee Review: No committee review is required for this project. The companion project located at 2201 Blake Street has been reviewed by the Landmarks Preservation Commission.

V. Issues and Analysis

A. Key Issues: 1. Construction of New Dwelling Units: The project proposes to construct a 3,224

square-foot, three-story duplex at the southern end of the lot with parking provided in a subterranean garage located at 2201 Blake Street and accessed via a driveway on the subject lot.

The project is located in the Multiple Family Residential District (R-3) which does not have a density standard in the Zoning Ordinance. In effect, other development standards such as lot coverage, useable open space, height and story limits as well as parking regulate a lot’s development potential. Additionally, we can look to the site’s general plan designation for guidance with density





The R-3 District allows buildings to measure up to 35’ and three stories and requires 200 square feet of useable open space per dwelling unit. In this case, the proposed building will measure 3 stories (plus a basement below grade), have an average height of 31’ 11” and provide 833 square feet of useable open space. Parking for the existing dwellings as well as the proposed new dwellings will be provided at a separate site (see discussion in #7 below). The new units will comply with all applicable development standards of the R-3 Zoning District.

The subject property is Medium Density Residential (MDR) which is generally characterized by a mix of single-family homes and small to medium sized multi-family structures with intensity that ranges from 20-40 dwelling units per net acre. At 5,400 square feet the subject lot measures approximately 1/10th of an acre which would result in two-four units on the lot.

The addition of two new units will bring the total number of dwellings to four in an area where multiple family residential uses predominate. The project meets the purposes of the R-3 District in that the units will develop the site to its fullest potential and maintain a sufficient amount of open space for the residents. According to the applicant, the new units will help provide housing for those who desire proximity to the University and downtown commercial areas and do not want to compromise the size of their living quarters.

The new units will help create a diverse multi-family housing stock that provides options for people looking to live in Berkeley and will help the City meet the high demand for housing in an area immediately adjacent to the Downtown.

2. Height/ Bulk: The subject neighborhood has a mix of one, two and three-story multi-

family residential buildings that vary in architectural styles. The project is located in the Southside Plan, Residential Multiple Family Subarea (R-3) and adjacent to the Residential Southside District (R-S). The R-3 District allows a maximum average height of 35’ and up to three stories and allows an interior lot with three-story buildings a maximum lot coverage of 40%.

The proposed three-story duplex would have an average height of 32’ and a maximum height of 34’ 9” and increase the lot coverage from 22.6% to 38.6%. The building would be located six feet from the western property line, approximately 14’ from the eastern property line, and will maintain a minimum setback of 10’ from the southern (rear) property line. While taller than the existing front duplex, the building will have the same number of stories as the multiple residential property located to the west at 2200 Dwight Way (also known as 2511/2515 Fulton Street) and provides an appropriate transition between the lower density R-2A District (immediately south of the site) and the higher density residential and commercial districts further north and east of the site. Additionally, the structure is in keeping with the heights and massing of other buildings in the immediate vicinity.





3. Potential Shading Impacts: Due to the orientation of the buildings and because the building is located at the rear of the property, new shadows from the project would primarily fall onto the subject parcel. Shading studies submitted by the applicant illustrate that the properties to the east and west will experience new shading during the morning (2200 Dwight Way) and evening (2208 Dwight Way) of the winter solstice; however the amount will be minimal and is not considered significant.

4. Reduction of Rear Yard: The R-3 District allows a reduction to the required 15 foot setback when there are two or more main buildings on a site, subject to an Administrative Use Permit. The project proposes to locate the new duplex 10 feet from the rear property line. This reduction will most directly affect the parcel located at 2201 Blake Street, and specifically affect the new duplex proposed as part of the companion project. The distance between the two buildings would be approximately 14 feet. This distance between the buildings is greater than the minimum required by the Zoning Ordinance for buildings on the same property and will provide sufficient room for sunlight, air, and privacy.

5. Reduction in Distance between Buildings: The R-3 District requires an Administrative Use Permit in order to reduce the minimum distance required between buildings that contain dwelling units. In this instance, the buildings will be separated by 7’ 1” where 16’ is required for a three-story building1. The reduction will not create significant shading or loss of views, and will allow for a greater amount of open space at the rear of the property as well as allow for a sufficient buffer between adjacent parcels and the subject site.

6. Number of Bedrooms: The R-3 District requires a Use Permit in order to create six or more bedrooms on a single parcel2. The project proposal has been revised to redesign three rooms that met the city’s definition of “bedroom” in the existing front duplex, and create six, rather than eight new bedrooms in the rear duplex for a total 13 bedrooms on the parcel.

According to the applicant’s statement, the new duplex will create two three-bedroom units designed to accommodate a diversity of households interested in both ample interior space and convenience of location. The layout of the units supports the applicant’s statements. With a lot that measures 5,400 square feet, the addition of three bedrooms (net total after the removal of three in the front duplex) would yield a ratio of one bedroom per 415 square feet of lot area, only a slight increase from the existing ratio of one bedroom per 540 square feet.

1 While the existing building is two stories and the minimum distance between two-story buildings is 12 feet, the proposed building is three stories, and as a rule, Zoning relies on the more restrictive regulation 2 "Bedroom" means any Habitable Space in a Dwelling Unit or habitable Accessory Structure other than a kitchen or living room that is intended for or capable of being used for sleeping with a door that closes the room off from other common space such as living and kitchen areas that is at least 70 square feet in area, exclusive of closets and other appurtenant space, and meets Building Code standards for egress, light and ventilation. A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition will be considered a bedroom for the purposes of applying this requirement.





7. Parking on separate parcel: The Zoning Ordinance allows required parking to be

provided on a separate site as long as 1) the parking is located within 300 feet of the use and 2) the properties are under the same ownership. The project will provide parking for the existing and proposed units in a subterranean garage located at 2201 Blake Street but accessed via a driveway on the subject lot. In order to insure that the parking will be maintained on the companion site, and that the parking remains accessible via the driveway on the subject lot, a notice of limitation granting easements will be required on both sites prior to the issuance of a building permit.

B. General and Area Plan Consistency:

General Plan Policy Analysis: The 2002 General Plan contains several policies applicable to the project, including the following: 1. Policy LU-3–Infill Development: Encourage infill development that is architecturally

and environmentally sensitive, embodies principles of sustainable planning and construction, and is compatible with neighboring land uses and architectural design and scale.

Policy LU-7–Neighborhood Quality of Life, Action A: Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area.

Policy UD-16–Context: The design and scale of new or remodeled buildings should respect the built environment in the area, particularly where the character of the built environment is largely defined by an aggregation of historically and architecturally significant buildings.

Policy UD-24–Area Character: Regulate new construction and alterations to ensure that they are truly compatible with and, where feasible, reinforce the desirable design characteristics of the particular area they are in.

Policy UD-32–Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: The General Plan designation of the subject property is Medium Density Residential (MDR) and is located in the R-3 Multiple-Family Residential Zoning District. MDR is generally characterized by a mix of single-family homes and small to medium sized multi-family structures with intensity that ranges from 20-40 dwelling units per net acre. At 5,400 square feet the subject lot measures approximately 1/10th of an acre which would equate to roughly 2 - 4 units on the lot. While taller than the existing front duplex, the building will have the same number of stories as the multiple residential property located to the west at 2200 Dwight Way (also known as 2511/2515 Fulton Street) and provides an appropriate transition





between the lower density R-2A District (immediately south of the site) and the higher density residential and commercial districts further north and east of the site.

2. Policy H-19–Regional Housing Needs: Encourage housing production adequate to meet the housing production goals established by ABAG’s Regional Housing Needs Determination for Berkeley. Staff Analysis: The project (along with the companion project at 2201Blake Street) will provide a total of 5 new dwelling units in medium-sized buildings that are compatible with the surrounding neighborhood uses and buildings.

Southside Area Plan Policy Analysis: The Southside Area Plan, adopted in 2011, also contains several policies applicable to the project, including the following: 1. Policy LU-A1: Provide incentives to encourage development of a variety of different

housing types that are affordable to students, University employees, and employees of Southside businesses:

Policy LU-A1.A: Encourage a variety of housing types to be built in the Southside, including houses, condominiums, townhouses, apartment buildings, group living quarters, and loft-style housing, and encourage owner-occupied housing, rental housing, cooperatives and co-housing.

Staff Analysis: The project is also located within the Southside Plan Area and encourages development of relatively high density in residential areas and a mix of housing types. The project will rehabilitate two existing and provide two new dwelling units in a range of building sizes that are compatible with the surrounding neighborhood uses and buildings and that will provide greater diversity in housing type for the housing market.

VI. Recommendation

Because of the project’s consistency with the Zoning Ordinance and General Plan, Southside Plan, and minimal impact on surrounding properties, staff recommends that the Zoning Adjustments Board: A. APPROVE Use Permit #13-10000023 pursuant to Section 23B.32.040 and subject to the

attached Findings and Conditions (see Attachment 1). Attachments:1. Findings and Conditions 2. Project Plans, received July 3, 2014 3. Notice of Public Hearing Staff Planner: Claudine Asbagh, [email protected], (510) 981-7424



DATE PAGE # of pages

A

1 ZAB Materials: staff report and attachments 1/23/2014 1 42

2 ZAB Materials: staff report, attachments,supplemental items, speaker cards, and late items 7/10/2014 43 110

3 ZAB: Findings for denial 7/24/2014 153 1

B

4 ZAB captioner's record 1/23/2014 154 2



C

7 Application Materials 5/21/2013 199 41

8 Resubmittal 10/21/2013 240 16

9 ZAB public hearing notice and mailing list 1/8/2014 256 26

10 ZAB public hearing notice posted on site 1/8/2014 282 3

11 Resubmittal 2/6/2014 285 8

12 ZAB public hearing notice and mailing list 6/26/2014 293 14

13 ZAB Notice of Decision 7/30/2014 307 7

14 Appeal of ZAB decision 8/12/2014 314 5

15 Correspondence 10/16/2014 319 2

INDEX TO ADMINISTRATIVE RECORD

2204 DWIGHT WAY

Prepared: October 27, 2014

UP#13-10000024

REMAINDER OF ADMIN RECORD

CAPTIONER'S RECORD or minutes of all hearings

DOCUMENT

STAFF REPORTS

1 of 1\\cobnas1\Planning$\LANDUSE\Projects by Address\Dwight\2204\UP 13-10000024\Admin Record_2204 Dwight\Index to Admin Record_2204 Dwight.xlsx

Attachment 4 - Index ATTACHMENT 7 ZAB 04-23-15 of 36

Administrative Record

ZAB Appeal: 2204 Dwight Way

Attachment 5 to this report, ZAB Appeal: 2204 Dwight Way is on file and available for review at the City Clerk Department, or can be accessed from the City Council Website. Copies of the attachment are available upon request.

City Clerk Department 2180 Milvia Street Berkeley, CA 94704 (510) 981-6900 or from: The City of Berkeley, City Council’s Web site http://www.cityofberkeley.info/citycouncil/

Attachment 5


http://www.cityofberkeley.info/citycouncil/

NOTICE OF PUBLIC HEARING-BERKELEY CITY COUNCIL CITY COUNCIL CHAMBERS, 2134 MARTIN LUTHER KING JR. WAY

2204 Dwight Way

Notice is hereby given that that on JANUARY 13, 2015 at 7:00 P.M. the City Council of the City of Berkeley will conduct a public hearing to consider an appeal against a decision by the Zoning Adjustments Board’s denial of Use Permit #13-10000024, to construct a new, three-story, approximately 3,224 square-foot duplex at the rear of an existing 5,400 square-foot site. A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of January 8, 2015. For further information, please contact Claudine Asbagh, 510-981-7410 Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet. Communications to the Berkeley City Council 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 the City Council, 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 City Clerk. 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 City Clerk at 981-6900 or [email protected] for further information. __________________________________ Mark Numainville, CMC, City Clerk Mailed: December 30, 2014 NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny (Code Civ. Proc. §1094.6(b)) or approve (Govt. Code §65009(c)(5)) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure §1094.6, no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. If you challenge the above 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 City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 10 days prior to the public hearing.

Attachment 6 ATTACHMENT 7

ZAB 04-23-15 of 36

http://www.cityofberkeley.info/

mailto:[email protected]

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