A. The applicant will be substantially damaged by the refusal to grant the permit as requested.

B. No other reasonable method of obtaining the desired results is available except as proposed by the applicant.

C. The granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to the other property.

D. The applicant has complied with the City of Berkeley’s public works specifications.

E. No major or minor encroachment into a sidewalk may be granted unless a minimum clear space of six feet remains open for public use in the sidewalk area. For the purpose of determining the clear space, poles, parking meters, fire hydrants, regulatory signs and other such objects (street hardware) may not be considered as part of the minimum horizontal clear space reserved for public use. Except for subsurface encroachments of tiebacks and soil nails, in no event may a minor encroachment extend farther than two feet from the property line into the public right-of-way.

F. All encroachments, except for structures below the walkway such as basement vaults and sidewalk elevators, shall have a minimum height of twelve inches and no portion shall project beyond the base projection of the encroachment unless at a height of eight feet or more above the sidewalk.

G. There should be clear color differentiation between the sidewalk paving and objects placed or installed in the sidewalk area. (Ord. 6998-NS, 2007: Ord. 5514-NS § 1, 1983)