0 Queens Road. The Zoning Adjustments Board of the City of Berkeley, after conducting a public hearing, APPROVED the following permit:

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1 Z O N I N G A D J U S T M E N T S B O A R D N o t i c e o f D e c i s i o n DATE OF BOARD DECISION: July 23, 2015 DATE NOTICE MAILED: July 28, 2015 APPEAL PERIOD EXPIRATION: August 11, EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification) 2 : August 12, Queens Road Use Permit # to construct a 3,680 square-foot, three-story, singlefamily dwelling with an average height of 25 8 and a maximum height of on a 7,778 square foot vacant parcel. The Zoning Adjustments Board of the City of Berkeley, after conducting a public hearing, APPROVED the following permit: Use Permit, under BMC Section 23D , to construct a single-family residence. APPLICANT: Gary Samonsky, 1734 Alcatraz Avenue, Berkeley, CA ZONING DISTRICT: R-1(H) Single-Family Residential, Hillside Overlay ENVIRONMENTAL REVIEW STATUS: Categorically exempt pursuant to Sections 15303, for New Construction or Conversions of Small Structures, and 15332, for In-Fill Development Projects, of the State CEQA Guidelines. 1 Pursuant to BMC Section 23A , the appeal period begins on the first business day following the date the Notice of Decision is mailed. Pursuant to BMC Section , any deadline that falls on a non-business day is extended until the next business day. 2 Pursuant to BMC Section 23B , the City Council may certify any ZAB decision for review during the 14- day appeal period after the notice of the ZAB s decision is issued. Certification has the same effect as an appeal. However, BMC Section suspends or tolls the Council s deadline to certify when the Council is on recess. Thus, in cases where the 14-day appeal period is scheduled to end during a Council recess, the certification deadline is extended past the end of the recess for the remainder of the appeal period. In cases where the appeal period begins during a Council recess, the certification deadline is extended until 14 days after the first Council meeting after the recess. Extension of the certification deadline has no effect on the appeal deadline.

2 ZONING ADJUSTMENTS BOARD NOTICE OF DECISION Use Permit # Queens Road July 28, 2015 Page 2 of 5 The Zoning Application and application materials for this project is available online at: FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE BOARD VOTE: YES: CHRISTIANI, DOMINGUEZ, DONALDSON, HAHN, HAUSER, PINKSTON, SELAWSKY, SHEAHAN, SCHEVON NO: ABSTAIN: ABSENT: TO APPEAL THIS DECISION (see Section 23B of the Berkeley Municipal Code): To appeal a decision of the Zoning Adjustments Board to the City Council you must: 1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1 st Floor, Berkeley; or by facsimile to (510) The City Clerk s telephone number is (510) Submit the required appeal fee (checks and money orders payable to City of Berkeley ): a. The fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. b. The fee for all appeals by Applicants is $ The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day). If no appeal is received, the permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time. g:\landuse\projects by address\queens\ vacant lot apn \up \document finals\ _zab_nod_0 queens.docx

3 ZONING ADJUSTMENTS BOARD NOTICE OF DECISION Use Permit # Queens Road July 28, 2015 Page 3 of 5 NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to this decision, the following requirements and restrictions apply: 1. If you challenge this decision 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 (b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section (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 (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, your appeal of this decision must including the following information: 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. g:\landuse\projects by address\queens\ vacant lot apn \up \document finals\ _zab_nod_0 queens.docx

4 ZONING ADJUSTMENTS BOARD NOTICE OF DECISION Use Permit # Queens Road July 28, 2015 Page 4 of 5 PUBLIC COMMENT: 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: 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 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. FURTHER INFORMATION: Questions about the project should be directed to the project planner, Greg Powell, at (510) or GPowell@cityofberkeley.info. All project application materials, including full-size plans, may be viewed at the Land Use Planning Division, 2120 Milvia Street, 2 nd floor, Monday through Friday from 8:30 a.m. to 4 p.m. (except on holidays and reduced service days; check City s website for details). ATTACHMENTS: 1. Findings and Conditions 2. Project Plans, received JULY 15, 2015 ATTEST: Shannon Allen, Secretary Zoning Adjustments Board cc: City Clerk Building and Safety Division Central Library - Reference Desk Public Works Engineering Division ZAB Members First Source Amy Davidson, Housing Department g:\landuse\projects by address\queens\ vacant lot apn \up \document finals\ _zab_nod_0 queens.docx

5 ZONING ADJUSTMENTS BOARD NOTICE OF DECISION Use Permit # Queens Road July 28, 2015 Page 5 of 5 Applicant: Gary Samonsky 1734 Alcatraz Avenue Berkeley, CA Property Owner: Michael Massoumi 1054 Kains Avenue Albany, CA g:\landuse\projects by address\queens\ vacant lot apn \up \document finals\ _zab_nod_0 queens.docx

6 A t t a c h m e n t 1 F i n d i n g s a n d C o n d i t i o n s JULY 23, Queens Road [1300 Block at Glendale Path, APN ] Use Permit # to develop a vacant lot by constructing an approximately 3,680 square-foot, three-story single-family dwelling with an average height of 25 8 and a maximum height of CEQA FINDINGS 1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code 21000, et seq. and California Code of Regulations, 15000, et seq.) pursuant to Section ( New Construction or Conversions of Small Structures ) and Section ( In-Fill Development Projects ) of the CEQA Guidelines. Furthermore, none of the exceptions in CEQA Guidelines Section apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section , and (f) the project will not affect any historical resource. GENERAL NON-DETRIMENT FINDING 2. Pursuant to Berkeley Municipal Code Section 23B , the Zoning Adjustments Board finds that the proposed project, under the circumstances of the particular case existing at the time at which the application is granted, will not 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 reasons: A. The proposal to construct a new single-family residence on this vacant lot is consistent with City s policies and goals related to the creation of housing units and expansion of the City s housing supply. The single dwelling unit represents the maximum residential density permissible at this site. B. As prescribed under Sections 23D (Development Standards) and 080 (Parking), the project is found to be permissible because it meets the minimum standards for yard setbacks, usable open space and on-site parking while adhering to the maximum standards for residential density, building height, and lot coverage. C. Similar to the existing homes at 1290 Queens Road, immediately to the north, and 1310 Queens Road, immediately to the south, the proposed building will appear as a single story when viewed from directly in front of the house on Queens Road. Due to the steep westward downslope of lot, the full three-story height of the home will be primarily visible from the abutting properties homes to the north and south and from Glendale Path. Existing trees and other vegetation would obscure views of the home

7 FINDINGS AND CONDITIONS 0 QUEENS ROAD [1300 BLOCK] Page 2 of 8 July 23, 2015 from other vantage points. Because the building s footprint, height, and number of stories are comparable to the existing developments on either side of project site and in the vicinity, its scale is found to be consistent with its immediate context and, therefore, permissible at this location. D. Shadow Studies received February 10, 2014, and supplemental shadow studies received June 11, 2015 and June 15, 2015, confirm that the proposed home will not result in significant sunlight impacts to the nearest residences at 1290 Queens Road, immediately north, and 1310 Queens Road, immediately south. The proposed 19-foot setback from the home to the north (1290 Queens Road), and the location of the proposed home at the front of the lot, serve to minimize shading of the home to the north. Also with regard to shading of 1290 Queens Road, windows on the east side of the building s southeast elevation would experience some morning shade throughout the year, but the home would not experience any shading from the proposed home after noon. Numerous existing trees located along the southeast elevation of this home, as well as the oak tree and bay trees on the subject site, currently shade and filter sunlight reaching these windows (recent tree removal for story pole installation has reduced shadows). In addition, the existing home south of the project site (1310 Queens Road) has a long roof ridgeline that is approximately 10 feet higher in elevation than the proposed home, and 20 feet higher than the roof of 1290 Queens Road. The home currently casts shadows onto 1290 Queens Road in the morning hours. Because shading of 1290 Queens Road would be limited to the mornings, and because the home is currently shaded by existing trees and the home at 1310 Queens Road, staff does not believe that shading from the project would be detrimental. The home to the south (1310 Queens Road) would experience shading of one window on the north elevation in the late summer afternoon and before sunset. The window is currently shaded during these periods by the existing bay trees. This is not a primary window, as most windows face west, toward the bay. For these reasons, the proposed project would not result in significant sunlight impacts and, therefore, is found be nondetrimental. E. The west-facing views of San Francisco Bay are defined as protected views in BMC Section 23F.040 (Definitions view corridors). Due to the steep topography of the area and the location and orientation of this property in relation to neighboring developments, this proposal will not result in impacts to protected views. The proposed home would be located substantially below the west-facing site lines of the confronting residence on the east side of Queens Road, addressed as 13 Fairlawn, and the home to the northeast at 1293 Queens Road. Removal of the multi-trunked bay trees, which have a thick canopy due to previous topping, will improve views over the site from the east. Further, the home will not obstruct west-facing views of the neighbors to the north and south. Therefore, staff believes that this proposal is non-detrimental with respect to potential view impacts. F. The proposed design will preserve the existing coast live oak tree that exists on the north property line, adjacent to Glendale Path. An arborist has reviewed the tree and its relationship to the proposed improvements. Due to the steep slope, the majority of the tree s roots are most likely located directly below or on the uphill side of the trunk; substantial roots are unlikely to extend downhill near the perimeter foundation for the home. Pruning of branches and roots (if present) would be required within approximately three feet of the proposed perimeter foundation and roof, and will be File: G:\LANDUSE\Projects by Address\Queens\ vacant lot APN \UP \Document Finals\ _ZAB\ _ZAB_ATT1_FC_0 Queens Road.docx

8 0 QUEENS ROAD [1300 BLOCK] FINDINGS AND CONDITIONS July 23, 2015 Page 3 of 8 monitored and directed by an arborist to ensure that health of the tree. The planned removal of the existing bay trees would benefit the coast live oak by allowing more light to reach the tree. G. Although the project site is within an earthquake-induced landslide hazard zone mapped by the California Geological Survey, field reconnaissance by the geotechnical consultants did not identify signs of active or potentially active landslides within the project site. This conclusion is consistent with other recent investigations on nearby properties (1400, 1419, and 1381 Queens Road). The applicant s geotechnical consultant concluded that the site is underlain at shallow to moderate depth by relatively competent bedrock and concludes that the risk of seismically-induced land sliding is low. The City s geotechnical peer review consultant agrees with this conclusion. Potential instability of undocumented fill materials on the very steep slopes located above the residence (north and south of the driveway, likely from the original road cut) was also identified as a potential concern, and these soils can be stabilized using drilled piers and retaining walls as recommended by the geotechnical report. OTHER REQUIRED FINDINGS 3. Pursuant to Berkeley Municipal Code Section 23E (Hillside District Required Findings) Paragraph A, the Zoning Adjustments Board finds that the proposed project, under the circumstances of the particular case existing at the time at which the application is granted, will not be detrimental pursuant to Section 23B , as specified above. File: G:\LANDUSE\Projects by Address\Queens\ vacant lot APN \UP \Document Finals\ _ZAB\ _ZAB_ATT1_FC_0 Queens Road.docx

9 FINDINGS AND CONDITIONS 0 QUEENS ROAD [1300 BLOCK] Page 4 of 8 July 23, 2015 STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS 1. Conditions Shall be Printed on Plans The conditions of this Permit shall be printed on the first sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title Use Permit Conditions. The second sheet may also be used if the first sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2 by 11 sheets are not acceptable. 2. Applicant Responsible for Compliance with Conditions The applicant shall ensure compliance with all of the following conditions, including submittal to the project planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or revocation of the Use Permit. 3. Uses Approved Deemed to Exclude Other Uses (Section 23B ) A. This Permit authorizes only those uses and activities actually proposed in the application and excludes other uses and activities. B. Except as expressly specified herein, this Permit terminates all other uses at the location subject to it. 4. Modification of Permits (Section 23B ) No change in the use or structure for which this Permit is approved is permitted unless the Permit is modified by the Zoning Adjustments Board, in conformance with Section 23B A. Changes in the plans for the construction of a building or structure may be modified prior to the completion of construction, in accordance with Section 23B D. The Zoning Officer may approve changes to plans approved by the Board, consistent with the Board s policy adopted on May 24, 1978, which reduce the size of the project. The Zoning Officer may also approve a maximum two-foot variation to Board approved plans, provided that such variation does not increase a structure s height, reduce the minimum distance to any property line, and/or conflict with any special objective sought by the Board. In the case of modifications to Use Permits for construction of, or additions or changes to, single-family homes which required Board review, the Zoning Officer shall follow Board policy adopted March 13, 1997, as follows: A. Upon applications for modifications to a home where a Use Permit has been granted, Staff shall review the Use Permit to determine if any explicit conditions were placed on the Use Permit that would be affected by the proposed modification. B. If, prior to acting on a Building Permit, Staff becomes aware of controversy over an earlier application, Staff may choose to conduct a more detailed review of the record to determine if conditions were implied by the Board or offered by the applicant (but not included in the Use Permit conditions) that would be affected by the proposed modification (this does not imply that Staff will review the whole Use Permit record for all applications). File: G:\LANDUSE\Projects by Address\Queens\ vacant lot APN \UP \Document Finals\ _ZAB\ _ZAB_ATT1_FC_0 Queens Road.docx

10 0 QUEENS ROAD [1300 BLOCK] FINDINGS AND CONDITIONS July 23, 2015 Page 5 of 8 C. If there are explicit conditions (#A) or implied conditions (#B) affected by the proposed modification, the project shall be brought back to the Board as a Use Permit Modification. D. If there are no explicit conditions that would be affected by the proposed modification, and if Staff is not otherwise aware of implied conditions, and the project would otherwise meet the requirements of the Zoning Ordinance, Staff will approve the Building Permit without Board or public review. 5. Plans and Representations Become Conditions (Section 23B ) Except as expressly specified herein, the site plan, floor plans, building elevations and any additional information or representations submitted by the applicant during the Staff review and public hearing process leading to the approval of this Permit, whether oral or written, which indicated the proposed structure or manner of operation are deemed conditions of approval. 6. Subject to all City and Other Regulations (Section 23B ) The approved use and/or construction are subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. 7. Exercised Permit for Use Survives Vacancy of Property (Section 23B ) Once a Permit for a use is exercised and the use is established, that use is legally recognized, even if the property becomes vacant, except as set forth in Standard Condition #8 below. 8. Exercise and Lapse of Permits (Section 23B ) A. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the property. B. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced. C. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has (1) applied for a building permit or (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun. 9. The applicant shall hold the City of Berkeley and its officers harmless in the event of any legal action related to the granting of this Permit, shall cooperate with the City in defense of such action, and shall indemnify the City for any award of damages or attorneys fees that may result. File: G:\LANDUSE\Projects by Address\Queens\ vacant lot APN \UP \Document Finals\ _ZAB\ _ZAB_ATT1_FC_0 Queens Road.docx

11 FINDINGS AND CONDITIONS 0 QUEENS ROAD [1300 BLOCK] Page 6 of 8 July 23, 2015 ADDITIONAL CONDITIONS OF APPROVAL Pursuant to BMC Section 23B D, the Zoning Adjustments Board attaches the following conditions to this Permit: Prior to Issuance of Any Building Permit 10. Prior to applying for a building permit, the applicant shall file an Address Assignment Request Application with the Permit Service Center (2120 Milvia Street) for any address change or new address associated with this Use Permit. The new address(es) shall be assigned and entered into the City s database prior to the applicant s submittal of a building permit application. 11. Prior to issuance of a building permit, the applicant shall complete and submit an updated Draft GreenPoint Checklist to the project planner with comments on any revisions to the project that affect the project s green building score. 12. Prior to issuance of a building permit, the applicant shall provide the project planner with the name and telephone number of the individual empowered to manage construction noise from the project. The individual s name, telephone number, and responsibility for noise management shall be posted at the project site for the duration of construction in a location easily visible to the public. The individual shall record all noise complaints received and actions taken in response, and submit this record to the project planner upon request. Noise Management Individual Name Phone # 13. The applicant and all persons associated with the project are hereby notified that a Transportation Management Permit (TMP) would be required under any of the following circumstances: Alterations, closures, or blockages to sidewalks or pedestrian paths Alterations, closures, or blockages to vehicle travel lanes (including bicycle lanes) Storage of building materials, dumpsters, debris anywhere in the public ROW Provision of exclusive contractor parking on-street Significant truck activity. Contact the Permit Service Center (PSC) at 2120 Milvia Street or for details on obtaining Construction/No Parking Permits (and associated signs and accompanying dashboard permits). Public Works Traffic Engineering ( ) reviews all submitted TMP requests. The TMP may include designation of a specific truck haul route. Meter heads (if in the construction area) shall be removed only by City staff. Contact the site inspector 72 hours in advance of required removal so arrangements can be made. File: G:\LANDUSE\Projects by Address\Queens\ vacant lot APN \UP \Document Finals\ _ZAB\ _ZAB_ATT1_FC_0 Queens Road.docx

12 0 QUEENS ROAD [1300 BLOCK] FINDINGS AND CONDITIONS July 23, 2015 Page 7 of Coast Live Oak Tree Protection. Prior to the issuance of a building permit, the construction plans shall clearly specify the following requirements to ensure protection of the existing oak tree. In addition, these tree protection measures shall be in place prior to the commencement of any construction activity and shall be maintained throughout the duration of the construction project: A temporary tree protection fence shall be installed prior to commencement of construction. The fence shall be installed a minimum distance of five feet from the existing oak tree on the project site, excluding Glendale Path, and shall remain in place throughout the duration of construction. The building contractor shall not prune the tree. Tree pruning and root cutting shall be conducted under the supervision of a certified arborist. 15. Foundation Design and Geotechnical Evaluation of Construction Plans: Prior to the issuance of a building permit, the structural foundation, grading, and drainage plans shall be designed to incorporate the recommendations in the Geotechnical Investigation (Langbehn Geotechnical Group, February 13, 2014), and the recommended condition of the Engineering Geologic and Geotechnical Peer Review (Cotton, Shires and Associates, Inc., May 13, 2014). The Project Geotechnical Consultant (Consultant) shall review and approve all geotechnical aspects of final building and grading plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations and retaining walls) to ensure that their recommendations have been incorporated. In addition, the Consultant should verify that adequate measures have been incorporated into project design plans to prevent the failure of undocumented fill or colluvial soils towards the residence (slopes of concern are located immediately north and south of the proposed driveway).the results of the geotechnical evaluation and plan review shall be summarized in a letter and be submitted to the City Building Official prior to issuance of building permits. During Construction: 16. Prior to any excavation, grading, clearing, or other activities involving soil disturbance during the rainy season (between October 15 and April 15), the applicant shall obtain approval of an erosion prevention plan by the Building and Safety Division and the Public Works Department. The applicant shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department. 17. Construction activity shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, and between 9:00 a.m. and noon on Saturday. No constructionrelated activity shall occur on Sunday or on any Federal Holiday. 18. The height and location of the proposed structure, property lines and spot elevations shall be verified by a licensed surveyor or engineer on site after foundation forms are placed, but before pouring concrete or placing construction material in its permanent position. This verification shall be to the satisfaction of the Zoning Officer. 19. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division, and carry out any necessary corrective action to their satisfaction. File: G:\LANDUSE\Projects by Address\Queens\ vacant lot APN \UP \Document Finals\ _ZAB\ _ZAB_ATT1_FC_0 Queens Road.docx

13 FINDINGS AND CONDITIONS 0 QUEENS ROAD [1300 BLOCK] Page 8 of 8 July 23, Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site. 21. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one-eighth millimeter thick and secured to the ground. 22. All active construction areas shall be watered at least twice daily, and all piles of debris, soil, sand or other loose materials shall be watered or covered. 23. Trucks hauling debris, soil, sand, or other loose materials shall be covered or required to maintain at least two feet of board. 24. Public streets shall be swept (preferably with water sweepers) of all visible soil material carried from the site. 25. The applicant shall ensure that all excavation takes into account surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way. 26. Coast Live Oak Tree Protection. The Coast Live Oak tree shall be protected from all injuries that could endanger its survival. Failure to adequately protect the existing oak tree from damage such that it is removed through negligence or intentional action shall require corrective measures as determined by the Zoning Officer. Prior to Final Inspection or Issuance of Occupancy Permit: 27. The project shall conform to the plans and statements in the Use Permit. 28. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated July 16, Prior to issuance of an occupancy permit or final inspection approval, the applicant shall update, sign, and submit an As-Built GreenPoint Checklist reflecting final as-built conditions, including the total green building score, to the project planner. At All Times: 30. All exterior lighting shall be shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property. 31. The applicant shall establish and maintain drainage patterns that do not adversely affect adjacent properties and rights-of-way. Drainage plans shall be submitted for approval of the Building & Safety Division and Public Works Department, if required. 32. Only one electrical meter fixture may be installed per dwelling unit File: G:\LANDUSE\Projects by Address\Queens\ vacant lot APN \UP \Document Finals\ _ZAB\ _ZAB_ATT1_FC_0 Queens Road.docx

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17 Page 4 of 21 Statement and Neighborhood Signatures SITE PLAN PLANNING APPROVALS Scale: 1/16" = 1'-0" MASSOUMI RESIDENCE Michael Massoumi 0 Queens Road, Berkeley, CA APN # Revised

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19 Page 6 of 21 UPPER LEVEL FLOOR PLAN SCHEMATIC DESIGN Scale: 1/8" = 1'-0" MASSOUMI RESIDENCE Michael Massoumi 1300 Queens Road, Berkeley, CA APN # Revised

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29 Page 16 of QUEENS ROAD - SOUTH ELEVATION N SHADOW STUDY December 21 - Sunrise Scale: 1/64" = 1'-0" Massoumi Residence Michael Massoumi 0 Queens Road, Berkeley, CA APN # C

30 Page 17 of QUEENS ROAD - SOUTH ELEVATION N SHADOW STUDY December am Scale: 1/64" = 1'-0" Massoumi Residence Michael Massoumi 0 Queens Road, Berkeley, CA APN # B

31 Page 18 of QUEENS ROAD - SOUTH ELEVATION N SHADOW STUDY June am Scale: 1/64" = 1'-0" Massoumi Residence Michael Massoumi 0 Queens Road, Berkeley, CA APN # A

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