1500 San Pablo Avenue McNevin Cadillac - Berkeleyside

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 MAY 12, 2016

1500 San Pablo Avenue – McNevin Cadillac Use Permit #ZP2015-0043 to (1) demolish an existing 24,000 square feet two-story commercial building; and (2) to construct a 197,800 square feet, 5-story, 60’-6’ tall, mixed use building with 170 residential units, 10,900 square feet of commercial floor area (retail floor area or food service with incidental service of beer and wine), 179 automobile and 184 bicycle parking spaces.

I. Background

A. Land Use Designations: General Plan: Avenue Commercial and Low-Medium Density Residential Zoning: West Berkeley Commercial (C-W) and Limited Two-Family Residential (R-

1A) B. Zoning Permits Required:

Use Permit, under BMC Section 23C.08.050.A, to demolish an existing commercial building;

Use Permit, under BMC Section 23D.20.030, to construct dwelling units in the R-1A Zoning District;

Use Permit, under BMC Section 23D.20.050, to allow addition of six or more bedrooms on a parcel in the R-1A Zoning District;

Administrative Use Permit, under BMC Section 23D.20.070.C, to allow a Main Building to exceed the 28’ in average height limit by 4’ in the R-1A Zoning District;

Administrative Use Permit, under BMC Section 23E.04.020.C, to allow architectural features to exceed the height limit in a commercial district;

Use Permit, under BMC Section 23E.64.030, to construct a mixed-use development in the C-W Zoning District over 20,000 square feet;

Use Permit, under BMC Section 23E.64.030, to construct dwelling units in the C-W Zoning District;

Use Permit, under BMC Section 23E.64.050.B, for construction of new floor area over 5,000 square feet in the C-W Zoning District;

Use Permit, under BMC Section 23E.64.030.A, to allow a full service restaurant over 2,501 square feet in the C-W Zoning District;

ZONING ADJUSTMENTS BOARD 1500 SAN PABLO AVENUE May 12, 2016 of 24

G:\LANDUSE\Projects by Address\San Pablo\1500\ZP2015-0043\Document Finals

Administrate Use Permit, under BMC Section 23E.64.030.A, to allow a carry-out or a quick-service restaurant (not drive-through) over 1,500 square feet in the C-W Zoning District; and

Administrative Use Permit, under BMC Section 23E.64.080.J, to designate up to 10% of automobile parking required for a use for bicycle and/or motorcycle parking.

C. Waivers/Modifications under Government Code Sections 65915 – 65918:

To exceed the height/story limit of 50’/4 stories to propose 60’-6”/5 stories in the C-W Zoning District;

To exceed the Floor Area Ratio (FAR) of 3 to propose a FAR of 3.55 in the C-W Zoning District;

To exceed maximum lot coverage of 40% in the R-1A Zoning District to propose up to 70%;

Waiver/Modification to construct underground parking to serve the entire residential project, including those located within the C-W Zoning District;

To create 11 units where only 2 units are allowed by transferring 9 dwelling units from the C-W Zoning District portion of the project to the R-1A Zoning District portion of the project; and

To exceed maximum residential density in the R-1A Zoning District to propose 11 dwelling units where 2 dwelling units are allowed.

D. CEQA Determination: Categorically exempt pursuant to Section 15332 of the CEQA

Guidelines (“In-Fill Development”). E. Parties Involved:

Applicant Amir Massih, 235 Montgomery Street, 16th Floor, San Francisco, CA 94101

Property Owner McNevin Cadillac, Inc., 1217 Cambridge Drive, Lafayette, CA 94549

F. Application Materials, Staff Reports and CEQA Documents are available on the Internet: http://www.ci.berkeley.ca.us/Planning_and_Development/Zoning_Adjustment_Board/1500_San_Pablo.aspx

http://www.ci.berkeley.ca.us/Planning_and_Development/Zoning_Adjustment_Board/1500_San_Pablo.aspx




Figure 1: Zoning Map

Figure 2: Aerial Map

Project Site

Project Site

R-1A: Limited Two-Family Residential District R-2: Restricted Two-Family Residential District C-W: West Berkeley Commercial District



Figure 3: Proposed Site Plan

R-1

A

C-W



Figure 4: Project Elevations (North)

Figure 5: Project Elevations (East)

Figure 6: Project Elevations (South)

Figure 7: Project Elevations (West)



Table 1: Land Use Information

Location Existing Use Zoning District

General Plan Designation

Subject Property

Vacant commercial building (McNevin Cadillac) and currently used by Honda motors to service vehicles.

C-W Node

Designation1 Avenue Commercial

Surface Parking Lot R-1A Low-Medium Density Residential

Surrounding Properties

North

Commercial (retail) C-W Avenue Commercial

Residential units R-1A Medium Density Residential

South Gas Station

C-W Node

Designation Avenue Commercial

Residential units R-1A Low-Medium Density Residential

East Commercial (food service, retail, personal household service)

C-W Node

Designation Avenue Commercial

West Residential units R-1A Low-Medium Density Residential

1 Per BMC Section 23E.60.040.E, the ground floor of buildings in designated nodes can only be used for retail sales, personal/household services, banks, food and alcohol service, lodging, entertainment and assembly uses, gasoline/automobile fuel stations, enclosed auto repair uses, new car dealers, enclosed used car dealers and required access to and lobbies serving upper-story uses. No food service drive-through is permitted on San Pablo.



Table 2: Special Characteristics

Characteristic Applies to Project?

Explanation

Affordable Child Care Fee for qualifying non-residential projects (Per Resolution 66,618-N.S.)

Yes The proposed commercial space is required to pay $1.25 per square foot of gross area devoted to commercial and retail/restaurant space.

Affordable Housing Fee for qualifying non-residential projects (Per Resolution 66,617-N.S.)

Yes

An Applicant may either: (1) create one unit of housing off-site within the City of Berkeley (with an average size of two bedrooms) affordable to households whose income is at or below 30% of the area median income ("Affordable Housing"); or (2) pay an equivalent In-Lieu Impact Fee ("Fee") $4.50 per gross new square foot.

Affordable Housing Mitigations for rental housing projects (Per BMC 22.20.065)

Yes Though this project is subject to this ordinance, no fee payment would be required due to the provision of affordable housing within the proposed development (see Section V.C. for details).

Alcohol Sales/Service Yes Retail sales and incidental service of beer, wine distilled spirits requested at proposed full-service or quick-service restaurant

Density Bonus Yes

This project would provide 11% (or 15 units) affordable to “Very Low Income” households and is therefore eligible for a 35% density bonus with accompanying modifications in accordance with California Government Code Section 65915(c)(3) (see Section V.B for details).

Green Building Score Yes The project has applied for LEED Silver Certification with US Green Building Council, which would be roughly equivalent to a GreenPoint Rated score of 110.

Historic Resources No

The State of California Department of Parks and Recreation (DPR) form was prepared for this site to help the City determine the historical significance of the existing commercial building and site. According to the DPR, the building was constructed in 1957 as an auto showroom and garage, and consists of three parts: a glazed showroom pavilion; a concrete block walled service building wrapping around the pavilion; and an open car lot to the rear Pursuant to BMC Section 23C.08.050.C, the project was referred to the LPC for the proposed demolition on June 4, 2015. The LPC concurred with the findings in the (HRE) regarding the historical significance of the building, and took no action to initiate landmark designation of the building.

Public Art Fee Yes

The City Council is considering a One Percent for Art obligation on private development projects. Projects on which the obligation is required include, but may not be limited to: all new multifamily residential buildings of five or more units, commercial buildings, industrial buildings, and additions of 10,000 or more square feet made to existing structures of the same types. Project approval will include a Condition of Approval to require owners of subject properties to provide publicly accessible art in the project, valued at 1% of construction costs of the overall project, or to pay an equivalent in-lieu fee.

Soil/Groundwater Contamination

No The project site is not included on a list compiled pursuant to Section 65962.5 of the Government Code.



Table 3: Project Chronology Date Action

March 13, 2015 Application submitted

May 24, 2015 Application deemed complete

June 4, 2015 Pursuant to BMC Section 23C.08.050.C, the Landmarks Preservation Committee (LPC) conducted demolition referral and took no action to initiate landmark designation of the building.

August 20, 2015 DRC reviews project design and recommended changes

December 17, 2015 DRC conducts preliminary design review and conditionally makes favorable recommendation to the ZAB.

April 28, 2016 Public hearing notices mailed/posted

May 12, 2016 ZAB hearing



Table 4: Development Standards

Berkeley Municipal Code 23E.64.070-80 (C-W) 23D.20.070-80 (R-1A)

Existing Proposed

Required for C-W Required for R-1A

Standard Density Bonus?

Standard Density Bonus?

Lot Area (sq. ft.) - R-1A District

25,133 25,133

N/A N/A

5,000

N/A

Lot Area (sq. ft.) - C-W District

49,296 49,296

N/A Lot Area (sq. ft.) - Total 74,429 74,429

Floor Area to Lot Area Ratio 0.48 3.55 3 Waiver

Total Gross Floor Area (sq. ft.)

Commercial 24,021 10,900

N/A

N/A Residential 0 186,900

Total 24,021 197,800 N/A

Dwelling Units

Total

C-W: 0 C-W: 159

R-1A: 0 R-1A: 11 N/A 2 max. Waiver

Total: 0 Total: 170

N/A Affordable 0

16 = 10% @

very low income

Bedrooms (R-1A only) 0 33 N/A 6+

N/A

w/ UP/PH

Building Height Average (ft.) C-W: 32 C-W: 60’-6” 50 max. Waiver N/A

R-1A: 0 R-1A: 32 N/A N/A 35 max. W/AUP

Stories C-W: 2 C-W: 5 4 max Waiver N/A

R-1A: 0 R-1A: 3

N/A

N/A

3 max.

Building Setbacks (ft.)

Front – San Pablo Ave

11' 0 N/A

Front – Tenth St. 131' 20' 20 min.

Interior Side: C-W: 4'-9" C-W: 3' N/A

R-1A: 4' R-1A: 4' 4 min.

St. Side: Jones St

C-W: 0 C-W: 0 N/A

R-1A: 0 R-1A: 10 10 min.

Usable Open Space (sq. ft.)

C-W: 0 C-W: 18,204

6,360 min.

(40/unit) N/A

R-1A: 0 R-1A: 4,403 N/A 4,400

(400/unit)

Lot Coverage (R-1A only) - 70% N/A 40% max. Waiver

Parking Automobile

C-W: 10

C-W: Res. 143

159 AUP

N/A

N/A

C-W: Com. 25

25

N/A R-1A: 90 R-1A: 11 N/A 11

Total: 100 Total: 179 0 1 per unit

Bicycle 0 184 173 11



II. Project Setting A. Neighborhood/Area Description: The West Berkeley neighborhood surrounding

the project is both commercial and residential in nature. The existing commercial buildings along San Pablo Avenue consist of low-rise buildings occupied by variety of businesses, including restaurants, a gas station, apartments, and a two-story motel. The housing stock in the abutting residential portion (south) is varied and includes small, one- to two-story duplexes. The confronting residential uses along Tenth Street to the west consist of one- to two-story single-family residences. The majority of residences in the immediate area are pre-war era development.

Regional access is provided by Interstate 80 (I-80), approximately 1.1 miles to the west, and I-580, approximately 2 miles to the northeast. In addition, the North Berkeley Bay Area Rapid Transit (BART) Station is approximately 0.7-miles east of the project site on Sacramento Street, providing direct daily service between San Francisco, Fremont, Millbrae, and Richmond. The site is also served by Alameda-Contra Costa (AC) Transit bus service along San Pablo Avenue (G, 52, 72 and 72R) and Golden Transit services 580.

B. Site Conditions:

Split zoning – C-W and R-1A The 1.7-acre (74,429-square-foot) lot is generally level, square in shape, and is developed with a two-story, approximately 24,000-square-foot former McNevin Cadillac within a three-story building at the northeast corner of the site with a surface parking lot covering the rest of the site to the west. The project site is a corner lot with three street frontages: San Pablo Avenue to the east, Jones Street to the north, Tenth Street to the west, and abuts residential and commercial buildings to the south. As shown in Figure 3, above, this property is split zoned where the eastern 2/3 of the site (approximately 1.13-acre) is in the C-W Zoning District, and the remaining 1/3 (approximately .58-acre) is in the R-1A Zoning District on the west side of the site.

According to the DPR 523 forms2 prepared for the property, the building was constructed in 1957 for a car dealership and consists of two parts: a showroom building facing San Pablo Avenue and an attached concrete building behind the showroom used to service vehicles. The showroom building consists of steel construction and has an open floor plan to accommodate its use for auto display. Within the building, there is a fully enclosed mezzanine and office spaces below the mezzanine that qualify as stories under BMC Section 23F.04. The showroom building confronts San Pablo Avenue and consists of a glass wall along the street frontages of Jones Street and San Pablo Avenue.

2 The State of California Department of Parks and Recreation “Building, Structure, or Object Record” also called a “DPR 523B Form” are

series of forms used for recording and evaluating resources and for nominating properties as California Historical Landmarks, California Points of Historical Interest and to the California Register of Historic Resources.



III. Project Description The proposed project would involve the demolition of an existing approximately 24,000-square-foot, two-story commercial building and the construction of a five-story mixed-use building with 170 residential units (four residential stories above a podium) and 10,900 square feet of ground-floor commercial space that could accommodate retail as well as food services. The main components of the project would be:

A five-story mixed-use building would occupy the C-W Zoning District portion of the lot and would contain 159 dwelling units of various sizes;

The ground floor along San Pablo Avenue would consist of 10,900 square feet of commercial space, driveway to access commercial parking, and pedestrian access. The ground floor facing Jones Street (north) would include leasing/management office, lobby, service area, an entrance to the underground residential parking;

The project would provide 25 automobile parking spaces for commercial uses, 148 automobile parking spaces for residences, for a total of 173 spaces;

The project would provide 184 residential bike parking spaces and 6 commercial bike parking spaces, for a total of 190 parking spaces;

Eleven townhomes style units would be provided in the R-1A Zoning District portion of the lot;

Three new curb cuts along Tenth Street to provide access to 6 off-street parking spaces; and

Open space for the residents would be located on two podium level courtyards, the rooftop of the mixed-use building, and balconies.

The project would be arranged into distinct building forms along the site’s split zoning boundaries. The proposed five-story mixed portion of the building would be in the C-W Zoning District while townhouse style dwelling units would be in the R-1A Zoning District portion of the lot. The dwellings within the C-W Zoning District would be arranged around two courtyards, which would provide natural light and ventilation for the units, while the units within the R-1A Zoning District would be three-stories and would have a 20’ front yard setback along Tenth Street. The proposed project would have unit mix as described in Table 5 below:

Table 5: Unit Mix

Unit Type Average Unit Size (sq. ft.) Percentage Unit Count

Studio 552 28.24 48

One-bedroom 723 27.65 47

Two-Bedroom 1,091 37.65 64

Three-bedroom (townhouses Only) 1,450 6.47 11

Total 100% 170

The project was designed to qualify for a density bonus of 35% by providing 15 dwelling units (or 11% of the base project) for very low-income residents. Please refer to discussion in Section V.B. of this report for further details.



IV. Community Discussion A. Neighbor/Community Concerns: Prior to submitting this application to the city, the

applicant invited interested neighborhood organizations as well as owners and occupants within 300 feet of the project for preview meetings. The first meeting was held on December 9, 2014, and attended by 30 people. A second pre-application meeting occurred in February 4, 2015, and was attended by 20 people (meeting minutes are included as Attachment #3). Later, a pre-application poster was erected by the applicant in March 2015. Shortly after submittal, the City received multiple phone calls, petitions, letters and e-mail correspondences from neighbors, expressing concerns about the project, as well as letters and emails in support of the project. Topics and concerns raised by the neighbors include, but are not limited to, objection to the proposed height and density, parking/traffic impacts, and request to install bollards on Tenth Street, near the intersection of Jones and Tenth Streets so as to convert Tenth Street into a southbound one-way street. In addition, on April 4, 2016, the neighbors submitted a massing sketch for the ZAB and staff to consider as an alternate to the proposed project. The sketch was submitted nearly four months post the DRC hearing. All correspondences are provided in Attachment #4.

On April 28, 2016, the City mailed 411 public hearing notices to property owners and occupants within 500-feet of the site, to interested neighborhood organizations, and posted notices within the neighborhood in six locations.

B. Design Review Committee: The Design Review Committee (DRC) previewed the

project on August 8, 2015, and provided comments to the architect. On December 12, 2015, the DRC completed design review of the project and forwarded the project to the Zoning Adjustments Board with a recommendation of approval on a 4-0-1 vote. The DRC made the following recommendations, to be considered at the final design review approval (FDR):

Reduce apparent height of the building along San Pablo Avenue.

The summary from the December 12, 2015 DRC meeting is provided as Attachment #5 to this report.

C. Landmarks Preservation Commission: Pursuant to BMC Section 23C.08.050.C, the

application for a Use Permit to demolish the existing a non-residential building over 40 years old was forwarded to the Landmarks Preservation Commission (LPC) for review. The LPC considered the demolition of the existing building on the site at their June 4, 2015 meeting and took no action.

V. Issues and Analysis A. Environmental Review: Staff enlisted Urban Planning Partners, Inc. (UPP), an

environmental consulting firm, to peer review the parking and traffic study provided by



the applicant, and to advise staff as to the appropriate level of environmental review for the project, to ensure compliance with the California Environmental Quality Act (CEQA). UPP’s analysis concludes that the proposed project would not result in any significant effects relating to air, noise, traffic or water quality. This conclusion has been confirmed with specific technical studies completed by UPP and various qualified environmental and traffic sub consultants, as described in detail in Attachment #6. Based on the findings in this report, staff has determined the project is categorically exempt pursuant to Section 15332 of the CEQA Guidelines (“Infill Development”).

B. Base Project and Density Bonus: As noted earlier, because the project would

include 15 dwellings that would be affordable to very-low income (VLI) households, the project is entitled to a density bonus and concessions or incentives under California Government Code Section 65915. The applicant for this project has not requested concessions or incentives but has requested a number of waivers and modifications. The City’s base project procedures, and the math used to calculate the Density Bonus, are depicted in Table 6, below.

Table 6: Base Project, Density Bonus City of Berkeley Applicant Statement State Law (Cal Gov't Code 65915)

Total Units

Step 1 Step 2 Step 3

Base Project Based on Proposed

Project

Maximum Allowable

Residential Density

Qualifying Units (for this Project) 65915(f)

Residential Floor Plates

Floor Residential

Floor Plates

DU 65915(f) %VLI Raw # Round

up %DB Req.

6,751 1st 18,804 Total # of DU

Project Qualifies for this bonus

5% 6.67 7 20.0%

43,479 2nd 35,223 170

6% 8.04 8 22.5%

43,479

3rd 36,932 7% 9.38 10 25.0%

43,479 4th 39,210 Total # of

Affordable DU: 8% 10.72 11 27.5%

- 5th 34,028 15 9% 12.06 12 30.0%

2 du R-1A Income Level: 10% 13.40 14 32.5%

VLI 11% 14.74 15 35.0%

Results

Base Project Gross

Square Feet

137,181

Proposed Project Gross Square

Feet

164,197 Base

Project 134 Bonus 46.9

Bonus (Round

up) 47 181

Average Unit Size:

1,033

based on plans submitted by the Applicant, fact

checked by City

Total of all proposed floors (164,197); / # of dwellings (170)

base project (137,187) / avg. unit size (1033) (rounded down)

Base # Units (134) x 35% Bonus

35% Bonus (rounded up per

65915(f)(5))

base units

(134) + DB

Units (47)



As shown above in Table 6, under the City’s density bonus procedures, the project’s “base project”3 was calculated at 132 units and 4 stories in the C-W Zoning District and 2 dwelling units in the R-1A Zoning District, for a total base project of 134 units. With the applicants’ commitment to provide 15 VLI units (11% of the base project), the project qualifies for a density bonus of 35% percent, or 47 units, which would increase the total allowable units to 181, but the applicant has only requested 170 dwellings. C-W base project and waivers: The proposed project would place 38 density bonus units on portion of the project in the C-W Zoning District. In order to accommodate these density bonus units on the portion of the project in the C-W Zoning District, the following waivers/modifications are required: 1. Waiver/modification to exceed the height/story limit of 50’/4 stories to allow 62’/5

stories in the C-W Zoning District. The project includes a fifth story to accommodate the density bonus units;

2. Waiver/Modification to exceed the Floor Area Ratio (FAR) of 3 by constructing FAR of 3.55 in the C-W Zoning District;

R-1A base project and waivers: The base project for the R-1A portion is limited to two dwelling units due to a permitted residential density rate of two unit per parcel. The proposed project would transfer 9 density bonus units from the portion of the project in the C-W Zoning District onto portion of the project in the R-1A Zoning District, bringing the total units on the R-1A Zoning District portion of the project to 11 units. To construct 11 units within the R-1A Zoning District, the following waivers/modifications are required: 1. Waiver/Modification to exceed Residential Density in the R-1A Zoning District by

constructing 11 dwelling, where BMC Section 23D.20.070.B allows only two dwelling units per parcel;

2. Waiver/modification to transfer nine units from the C-W portion of the parcel to the R-1A portion of the parcel to allow construction of the density bonus units.

3. Waiver/Modification to exceed maximum lot coverage of 40% in the R-1A Zoning District by constructing up to 70%;and

4. Waiver/Modification to construct underground parking to serve the entire residential project, including those located within the C-W Zoning District.

Because the project would provide 11% (or 15 units) of the base project units to VLI households, staff believes the requested waivers/modifications are needed to accommodate the Density Bonus Units, under California Government Code Section 65915.

C. Affordable Housing: As stated in Table 4 above, the proposed project is subject to

the City’s Affordable Housing Mitigation Fee, BMC Section 22.20.065, which allows a project that is subject to the Fee to provide, for the life of the project, a number of VLI units equal to 10% of the market rate units, in lieu of payment. In this case, the

3 The “base project” is the project that could be built on the site without any additional Use Permits to expand the building envelope (e.g. through increased height or reduced setbacks) or waive development standards for parking, open space, etc.



applicant has elected to provide one more VLI unit to the project to comply with the Code. This would bring the total VLI units on the project to 16 units. All VLI units within the project are distributed as illustrated on Table 7 below:

Table 7: VLI Unit Distribution

Location Unit # Unit ID TYPE Size (sq. ft.)

Townhouse 101 TH B 3 BED / 2.5 BATH 1,535

2nd Floor

202 1A 1BED / 1 BATH 766

228 1A 1BED / 1 BATH 701

235 S STUDIO 492

3rd Floor

312 2A 2 BED / 2 BATH 1,037

325 1A 1BED / 1 BATH 762

330 2A 2 BED / 2 BATH 1,060

337 2A 2 BED / 2 BATH 1,094

4th Floor

414 1B LARGE STUDIO 607

420 2E 2 BED / 2 BATH 1,172

428 1A 1BED / 1 BATH 703

431 2A 2 BED / 2 BATH 1,122

441 2D 2 BED / 2 BATH 1,106

5th Floor

510 1A 1BED / 1 BATH 699

511 S STUDIO 493

519 1B STUDIO 607

As required by BMC Section 22.20.065.C.2, the proposed VLI units would be reasonably dispersed throughout the project and consist of the same size and contain, on average, the same number of bedrooms as the market rate units in the project. The Health, Housing and Community Services Department have reviewed and recommended approval of the VLI unit distribution on the project as proposed.

D. Use Permit for the Demolition of the Existing Building: BMC Section 23C.08.050.D allows the Zoning Adjustments Board to approve the Use Permit for demolition of the existing structure if the demolition will not be materially detrimental to the commercial needs and public interest of any affected neighborhood or the City and a that the building is required to allow a proposed new building or new use. Staff believes that the Zoning Adjustments Board can find that the demolition of these structure will not be materially detrimental to the commercial needs of the neighborhood or the City, because the existing building is not a landmark building and is underutilized. The ZAB can also find that the demolition is required in order to allow the proposed new mixed-use project to be built. For the reasons stated above, Staff believes that the ZAB may grant a Use Permit under BMC Section 23C.08.050.D.

E. Use Permits to Construct a Mixed-use Project with more than 20,000 Square Feet of Floor Area in the C-W Zoning District: BMC Sections 23E.64.030 and 23E.64.050 allow mixed use development in the C-W Zoning District, but require



approval of a Use Permit. To approve these Use Permits, the ZAB must find that the project: 1) is consistent with the purposes of the C-W Zoning District; 2) is compatible with surrounding uses and buildings; 3) is consistent with the adopted West Berkeley Plan; 4) is supportive of an increase in the continuity of retail and service facilities; 5) proposes an intensity of development that does not underutilize the property; 6) is capable of meeting applicable performance standards for off-site impact; and 7) will not exceed the amount and intensity of use that can be served by available traffic capacity and potential parking supply. 1) C-W Zoning District Purposes: The purposes of the C-W Zoning District applicable

to this project include: Purpose A – “Implement the West Berkeley Plan’s designation of a Commercial District.” Staff Analysis: The project furthers this purpose because it is a mixed-use project that would provide approximately 10,900 square feet of commercial use on the ground floor in a location planned for mixed-use development. The project would replace an underutilized commercial building with new café, general retail and commercial uses along San Pablo Avenue, bringing more activity to the street and sidewalk within this node. Purpose G – “Increase the opportunities for development of housing in commercial areas to support local retailing and use of transit lines and opportunities for mixed use projects combining pedestrian-oriented neighborhood-serving uses with mixed income housing in locations abutting residential districts.” Staff Analysis: The project is consistent with this purpose statement because it is a mixed-use project that would support local retailing by adding 170 new residences to a site that is well served by public transit. The project would also provide 16 units of housing for very low-income residents for the life of the project. As a mixed-use project fronting San Pablo Avenue the project would realize the City’s plans for redeveloping underutilized sites in a way that would increase the quality of the built-in environment and provide new housing and commercial opportunities. The increased population, new street level retail and increased street activity will assist to extend the attractiveness and vitality of the San Pablo Avenue. Purpose H – “Encourage appropriately intense development in underutilized portions of commercial streets.” Staff Analysis: The project is consistent with this purpose in that it would replace an underutilized site with 10,900 square feet commercial space and 170 dwelling units, including 16 units of housing for very low-income residents. Purpose I – “Promote development compatible with adjacent commercial, residential and industrial areas.”



Staff Analysis: The project is consistent with this purpose because it would not conflict with the adjoining commercial and residential buildings and uses. The project abuts single residential buildings to the south and confronts other single family residential buildings across Tenth Street. The project has been designed to minimize impacts on these residences by providing setbacks, fences and landscaping.

2) Compatibility with surrounding uses and buildings: Staff believes that the project

is compatible with surrounding uses and buildings as noted in the prior section. The proposed project will demolish an existing commercial building and redevelop the site with a five-story, primarily residential, mixed-use building with retail/commercial on the ground floor and parking spaces ground level commercial space would primarily front onto San Pablo Street. The primarily residential mixed-use project would be similar to and compatible with the adjacent uses, and uses in the vicinity. The project has been designed to respect the zoning boundaries as well as the existing uses within adjoining and confronting properties.

3) West Berkeley Plan: Staff believes that the project is consistent with applicable

policies of the West Berkeley Plan, as described in Section V.N, below.

4) Supportive of an increase in the continuity of retail and service facilities: Staff believes this finding can be made in that the project would replace a commercial building and surface parking lot with a new three to five-story mixed-use building that is consistent with the evolving urban fabric of the San Pablo Avenue and would add new storefront spaces for retail or service uses where none exists today.

5) Provides an intensity of development that does not underutilize the property: With

the density bonus, the proposed design is one floor taller than is permitted by the respective C-W development standards. Accordingly, staff believes that the project does not underutilize the site.

6) Meet applicable performance standards for off-site impacts: Potential off-site

impacts typically include such things as noise, glare, dust, vibration, hazardous materials, etc. As a mixed-use, predominately residential, development, the project would not involve any manufacturing or industrial activities and would have potential to generate off-site impacts typically involving regulation through performance standards. Construction period impacts, including noise and dust control, are subject to standard conditions of approval as set out in the Findings and Conditions, Attachment #1.

7) Not exceed the amount and intensity of use that can be served by available traffic

capacity and potential parking supply: The parking survey and traffic impact analysis prepared for the project complies with the City of Berkeley Guidelines for Development of Traffic Impact Report and the Caltrans Guide for the Preparation of Traffic Impact Studies. The traffic report estimated that the proposed project would generate 21 AM peak hour vehicle trips and 48 PM peak hour trips. Based on this study, and the City’s threshold of significance, this level of additional traffic



is not expected to be noticeable to nearby residents and motorists, and would not significantly impact nearby intersections. In addition, residential parking spaces for the mixed-use portion would be provided at a ratio of 0.9 spaces per residential unit and for the townhomes at a ratio of 1 space per unit, the proposed project would not result in significant shortfall in street parking.

F. Eleven new dwelling units in the R-1A District: Although the proposed 11

townhouses would exceed the R-1A Zoning District density limits, the proposed project would comply with the R-1A Zoning District development standards related to number of stories, parking, open space, and setback requirements. The building placement within the R-1A portion would create a consistent and similar setbacks to the existing neighborhood as depicted in Figure 8 below.

Figure 8: Townhouse Building Placement

Source: Pyatok Architecture, (Attachment #2, page A8.01)

The building placement would be consistent with the confronting row of single-family residences to the west by proposing low-rise townhouses that would have 20’ front yard setback along Tenth Street. Because this project is eligible for density bonus under State law, staff concludes that the applicant’s request to exceed the maximum unit density in the R-1A Zoning District is permissible and, though it exceeds the BMC density standards, it aligns with the City’s policy direction to increase housing production. Further, there would be no impact to air and light to the confronting and abutting R-1A properties by the proposed townhouse style dwelling units.

G. Creation of 33 bedrooms in R-1A Zoning District: Eleven of the 170 dwelling units

proposed in this project would be located in the R-1A Zoning District. Each of the units would contain three bedrooms, and this means a total of 33 bedrooms would be created in the R-1A. Therefore, this proposal is subject to Use Permit approval in accordance with Berkeley Municipal Code 23D.20.050 for the Creation of Bedrooms on a Parcel. The three-bedroom size of these units could serve a variety of household types including traditional and extended families as well as unrelated individuals who live a as household and share expenses. Staff concludes that the creation of a total of 33 bedrooms in the R-1A Zoning District in order to establish 11 three-bedroom dwelling



units is beneficial because it would ensure a variety of housing types in the west Berkeley, and recommends that the Board approve this request.

H. Administrative Use Permit to extend building height up to 32-ft where the limit is 28-ft in the R-1A District: BMC Section 23D.20.070.C allows Main Buildings to exceed the 28’ in average height up to 35’ in average height with approval of an Administrative Use Permit. The request to exceed the average height limit by 4’ is driven by the project design to accommodate three-story units with adequate floor to floor clearance as well as a flat roof design, as illustrated in Figure 9 below. Figure 9: Section View Looking North


The proposed massing would be consistent with the confronting single-family residences and serves as a transition to the taller mixed-use massing along San Pablo Avenue. The confronting single-family residences would be separated by the 60’ public right-of-way and additional 20’ on-site front yard setback. The significant separation from these proposed dwellings to the existing dwellings to the west will ensure that potential impacts to sunlight and air impacts are minimal. Thus, staff believes that the design is responsive to the purposes of the R-1A Zoning District related to protecting adjacent properties from unreasonable obstructions of light and air (BMC Section 23D.20.020, Paragraph C, for Purposes).



I. Concentrated Development within C-W Zoning District Designated Nodes: In order to approve a Use Permit for any structure or use in a Node area, the Board must make a special finding that the project supports the development of a strong retail commercial, pedestrian-oriented environment at the Node. As illustrated on Figure 10 below, the ground floor along San Pablo Avenue would consist of commercial/retail use. Figure 10: Commercial Floor Area


As illustrated in Figure 10 above, the proposed project includes 10,900 square feet of ground floor commercial space that would serve to the needs of the District’s population, especially the surrounding resident population as well as the residents of the project. The commercial spaces would have has sufficient depth of 40-65-feet, and floor-to-ceiling (14’-4”) height clearance to deliver flexible and desirable commercial space for variety of commercial/retail users. In addition, Staff notes the proposed project meets the special development and use standards for the Node, because the mixed-use structure along San Pablo Avenue would be 62-feet and five stories, which is greater than the 25-foot and two-stories minimum. The project would also provide pedestrian-oriented uses within a new building with glass storefronts, pedestrian-scaled lighting along the sidewalk and r-o-w improvements to include new sidewalks and street trees, and a restaurant use.

J. Substitution of up to 10% of automobile parking by providing additional bicycle

and/or motorcycle parking: Pursuant to BMC 23E.64.080.J, the applicant has requested an Administrative Use Permit to designate 10% of the automobile parking that would be required by providing additional bicycle and motorcycle parking. In order to approve the bicycle/motorcycle parking substitution, the Board must find (per BMC 23E.64.090.F) that the substitution of the bicycle parking for the automobile parking will not lead to an undue shortage of auto parking spaces and that it can be reasonably expected that there will be demand for the bicycle/motorcycle parking spaces. Staff believes that this finding can be made because the project provides a dedicated bicycle storage room for 190 bikes, which exceeds the minimum required by 164 spaces. In addition, a condition of approval requires the applicant to establish a parking and transportation demand management (PTDM) program for building tenants and employees, in an effort to expand the mix of travel alternatives available, including unbundling parking spaces from the units. The project’s proximity to public transit, combined with the inherent high cost of car ownership, will reduce auto use and parking demand.



K. Rooftop Projections: The project would include architectural features that will extend

no more than 2’above the roof and an enclosed mechanical room for the elevator and stair roof access that will extend no more than 13’-6” above the 60’ building height. Per BMC Section 23E.04.020.C, mechanical penthouses, elevator equipment rooms, and cupolas, domes, turrets, and other architectural elements that exceed a District’s height limit requires approval of an Administrative Use Permit.

For the ZAB to approve the Administrative Use Permit, these features cannot provide floor area that would represent more than fifteen percent (15%) of the average floor area of all of the building’s floors, and cannot be used as habitable space or for any commercial purpose. The parapet will not provide floor area and is thus not subject to the 15% or habitable space limit. The elevator room/stair access will provide access to the roof-top usable open space. The average floor area of all of the building’s floors is 32,839 square feet, and 15% of this total is 4,926 square feet. The total area of the elevator room/stair access is roughly 1,200 square feet, which is less than the 15% maximum.

L. Sun/Shadows Impacts: The proposed 60’-6”, five-story building would be the largest building in the immediate vicinity of the project site, and would cover more area than the existing building, and thus new shadows would be cast. The confronting residential developments to the west (along Tenth Street) and to the north (along Jones Street) are smaller at only one or two stories, and the potential massing impact of the proposed building would be lessened for these developments by the 60’ R.O.W. width on Tenth and Jones Streets. To assess the shadows, the applicant submitted shadow studies for the project (see Sheet A-6.0-3 of Attachment #2).

The project shadow studies illustrate that under current conditions, the neighboring properties receive shadows from the existing building on the east and southeast side of the subject site, which would increase with the proposed project as follows: Winter solstice: The one-story, single-family building to the northwest of the site at the corner of Tenth and Jones Street (1487 Tenth Street) would be shaded in the morning hours by the proposed project. The commercial building located at the northeast corner of Jones Street and San Pablo Avenue (1464 San Pablo Avenue) would experience new shadows at noon, and the confronting commercial properties along San Pablo Avenue would experience new shadows in the afternoon after 6:35 p.m. Summer solstice: The abutting residential and commercial properties to the south, and confronting commercial properties along San Pablo Avenue would experience new shadow in the afternoon hours. Vernal/Autumnal: The confronting commercial properties along San Pablo Avenue would experience new shadows in the afternoon hours, after 5 p.m.

The moderate increase in shading on these nearby properties is consistent with what is to be expected in an urbanized area, and is therefore found to reasonably and generally non-detrimental. Staff recommends that the Board approve this project with



a finding that the potential sunlight impacts are consistent with the urban in-fill context of this project where shadowing is likely to occur with any new construction due to the permitted building heights.

M. General Plan Consistency: 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. Staff Analysis: The proposed project is an infill development project that would add 170 dwelling units and 10,900 square feet of commercial use in a location that is planned for mixed-use development. The project would replace an underutilized, auto-oriented commercial building and increase the population, bringing more activity to the street and sidewalk within this node.

2. 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. Staff Analysis: The project is consistent with the applicable zoning standards for the C-W Zoning District and would further goals of revitalizing West Berkeley by introducing new housing and commercial activities in the area.

3. 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.

4. 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. Staff Analysis: As a five-story mixed-use project fronting San Pablo Avenue, the project would realize the City’s plans for redeveloping underutilized sites in a way that would increase the quality of the built-in environment and provide new housing and commercial opportunities along a major corridor that is well served by public transit. The increased population and new street level retail will all help to extend the attractiveness and vitality of the node area.

5. Policy UD-32–Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: Because the project would cluster the five-story portions of the project along San Pablo Avenue, and the lower portions to the west, it is designed to minimize off-site shadow impacts. As discussed in Section V.L, above, the



moderate increase in shading on these nearby properties is consistent with what is to be expected in an urbanized area.

6. 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: By adding 170 housing units, including 16 very-low income units for the life of the project, the project would help Berkeley meet its regional housing need.

7. Policy EM-5–“Green” Buildings: Promote and encourage compliance with “green” building standards. (Also see Policies EM-8, EM-26, EM-35, EM-36, and UD-6.)

8. Policy UD-33–Sustainable Design: Promote environmentally sensitive and sustainable design in new buildings.

Staff Analysis: The project has applied for LEED Silver Certification with US Green Building Council, which would be roughly equivalent to a GreenPoint Rated score of 110.

N. West Berkeley Area Plan Consistency: The West Berkeley Area Plan, adopted in

1993, also contains several policies applicable to the project, including the following:

1. Urban Design Goal 1: Preserve and enhance the vital commercial corridors, particularly San Pablo and University Ave., with intensification and mixed-use development at key intersections or “nodes”. Staff Analysis: The proposed project would add a new multi-story mixed-use development along San Pablo Avenue replacing three-story commercial building and enhancing increased economic activity in the West Berkeley area, along San Pablo Avenue.

2. Urban Design Goal 3: Visually improve entry corridors into West Berkeley, so as to

create a positive image as one enters Berkeley.

Staff Analysis: The proposed project would replace the existing auto-oriented building and uses with a new mixed use, commercial/residential building with five stories along the San Pablo Avenue frontage, strengthening the “streetwall” of buildings along the corridor, as encouraged in Policy 3.2 of this Goal. The building would be placed along the front property line, as suggested in Policy 3.2, in order to strengthen the urban character of the street, and parking would screened from view.

3. Urban Design Goal 4: Development in locations where there is a juxtaposition of

uses and building scales – particularly where concentrations of residential uses are adjacent to more intense uses – should be sensitive to the character of both the less intense and more intense uses.



Staff Analysis: The proposed project would be sensitive to the confronting row of single-family residential structures to the west by proposing low-rise townhouses that would have 20-ft front yard setbacks along Tenth Street. Also, the proposed project was carefully reviewed by the DRC, and recommended for approval by the ZAB.

VI. Recommendation

Because of the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recommends that the Zoning Adjustments Board APPROVE Use Permit #ZP2015-0043 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions (see Attachment #1).

Attachments: 1. Findings and Conditions 2. Applicant Statement, received May 4, 2016, and Project Plans, received April 21, 2016 3. Neighborhood Meeting Minutes, December 9, 2014 and February 4, 2015 4. Correspondence received from the public 5. Design Review Committee Summary, December 12, 2016. 6. Categorical Exemption Documentation (without the technical studies)4 7. Base Project Diagram and Density Bonus Calculations 8. Notice of Public Hearing, Dated April 28, 2016 Staff Planner: Immanuel Bereket, [email protected], (510) 981-7425

4 All CEQA documents, including technical studies are available at this location: http://www.ci.berkeley.ca.us/Planning_and_Development/Zoning_Adjustment_Board/1500_San_Pablo.aspx

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