1698 University Avenue - Berkeley, Californianew_site_map_walk-through...1698 University Avenue ....

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 FEBRUARY 28, 2008

1698 University Avenue Modification #07-70000027 to modify approved plans for 5-story mixed-use building, including increased setback from redwood trees, refined architectural details and landscaping, increased open space and parking, and increased elevator shaft height; no changes to building height or number of units; (C-1, General Commercial; AS)

I. Application Basics

A. Zoning Permits Required: • Use Permit Modification, under BMC Section 23B.56.020 • Administrative Use Permit to allow elevator shaft to exceed maximum building

height, under BMC Section 23E.04.020.C B. CEQA Determination: A mitigated negative declaration (MND) was adopted for the

approved project on July 19, 2005. The proposed modifications are consistent with the findings of the adopted MND and no further review under CEQA is required.

C. Parties Involved:

• Applicant/Owner Brian Baniqued, 2801 Pinole Valley Rd., Suite 210, Pinole, CA 94564

• Architect KwanLam Wong, 2308 Sixth St., Berkeley, 94710

1698 UNIVERSITY AVENUE ZONING ADJUSTMENTS BOARD of 8 February 28, 2008

File: G:\LANDUSE\Projects by Address\University\1698\MODUP 07-70000027\ZAB 02-28-08 1698 University.doc

Figure 1: Vicinity Map

ZONING ADJUSTMENTS BOARD 1698 UNIVERSITY AVENUE February 28, 2008 of 8


Figure 2: Site Plan



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

Subject Property Automobile servicing (vacant)

C-1 Avenue Commercial

North Gas station C-1 Avenue Commercial

South Day care, single-family residential beyond

C-1, R-2 beyond Avenue Commercial, Low Medium Density Residential beyond

East Retail, apartments above C-1 Avenue Commercial

Surrounding Properties

West Print shop, office and retail beyond

C-1 Avenue Commercial

Table 2: Project Chronology Date Action

July 19, 2005 City Council approves Use Permit #03-10000025 to allow mixed-use building

December 7, 2007 Current application submitted

January 6, 2008 Application deemed complete

January 17, 2008 DRC grants preliminary design review approval with conditions

February 14, 2008 Public hearing notices mailed/posted

February 28, 2008 ZAB hearing

April 5, 2008 PSA deadline



Table 3: Development Standards

Permitted/Required Standard BMC Sections 23E.36.070-080

Approved Project

Modified Project*

Previous C-1 standards

Amended C-1 standards

Lot Area (sq. ft.) 9,967 9,967 N/A N/A

Gross Floor Area (sq. ft.) 28,407 28,002 29,901 24,917.5

Floor Area Ratio 2.85 2.80 3.0 2.5

Total 25 25 N/A N/A Dwelling Units

Affordable 4 4 4 4

Average (ft.) 50 50 40 (50 with Use Permit)

36 Building Height

Stories 5 5 3 (4 with Use Permit)

3

Front (University) 0 0 0 2 ft. average for ground floor, 0 for other floors

Rear (south) 2 2 0 0

East Side (McGee)

0 0 0 2 ft. average

Building Setbacks (ft.)

West Side 0 0 0 0

Lot Coverage (%) 91.3 90.5 100.0 100.0

Usable Open Space (sq. ft.) 4,377 4,573 5,000 5,000

Automobile 32 33 34 34 Parking

Bicycle 10 10 3 3

* – Changes from approved project indicated in bold italics. II. Project Setting

A. Neighborhood/Area Description:

The project site is located on University Avenue, one of the City’s most heavily traveled roadways and a primary “gateway” to the Downtown and UC Berkeley. This portion of University, two blocks west of Downtown, is developed with a variety of building types and uses, including retail, automotive services, offices, institutions, and multi-unit residential. The existing development pattern tends toward low-scale, more auto-oriented buildings, although examples of taller, pre-1940 buildings (such as the 3-story Redfern Apartments opposite the site) are easily found. Medium-density residential neighborhoods are located one-half block to the north and south, beginning at Berkeley Way and Addison Street, respectively.



B. Site Conditions: A vacant, single-story auto repair building, about 30 years old, sits in the middle of the property, with large paved areas in the front and rear. Several large redwood and acacia trees are located in the northwest and southwest corners of the site.

III. Project Description Approved Project: In July 2005, the City Council upheld an earlier ZAB decision to approve a five-story mixed-use building at the site, with average height of 50 feet, 25,555 square feet of residential floor area, 25 for-sale dwelling units (including 4 below market rate), 2,852 square feet of ground-floor commercial space (including a café), and 32 parking spaces. The approved design included several modifications from the applicant’s original proposal, based on input from neighbors and ZAB members. In particular, the design reflected a consensus that a five-story building with increased rear setbacks and articulation, and preservation of three existing redwood trees at the southwest corner of the site, would be less detrimental than a four-story building with reduced setbacks and fewer trees preserved. Modified Project: The proposed modifications include numerous refinements to the approved design, intended primarily to make the building more attractive, environmentally friendly, and feasible to build and maintain. A statement from the applicant describing the proposed modifications in detail is provided in Attachment 5. The most significant modifications are as follows:

• Building setback has been increased by 4 feet, 2 inches adjacent to redwood trees at southwest corner, based on input from arborists regarding project’s impact on trees. This change, in addition to other modifications to the building articulation, reduces the total floor area by about 400 square feet.

• Elevator shaft has been raised about 4 feet, 9 inches above main building height,

in order to meet elevator manufacturer’s requirements.

• Rooftop open space areas have been re-designed for better functionality and greater privacy for residential properties to the south. Total open space has been increased by about 200 square feet.

• Parking has been increased from 32 to 33 spaces.

• Exterior elevations have been refined to provide greater coherence and durability,

and to minimize bulk. Hardi siding has been replaced with stucco, arbors and planter boxes have been eliminated, and stucco balcony railings have been replaced with metal and glass. On the University Avenue façade, the bay windows have been reconfigured, a large central recess has been added, and the storefront windows have been enlarged. On the south elevation (facing the residential neighborhood), the building articulation has been simplified, while a



greater variety of wall textures has been added. Other than a reduced setback at unit 302 to align with the unit below, the previous setbacks from the south property line have been maintained or increased.

IV. Community Discussion

A. Neighbor/Community Concerns:

At this writing, staff has received one neighbor communication (see Attachment 6), which states that the modifications are generally an improvement, but also requests that construction workers be shuttled from an off-site location, asks the location of commercial loading after completion of the project, and expresses concern regarding additional truck usage of Addison Street after completion of the project. It should be noted that these concerns are not related to the proposed modifications, but rather to the approved project, and are thus beyond the ZAB’s purview at this time. In any event, staff believes the existing permit conditions, and the City’s standard procedures for addressing these issues, are adequate to alleviate any concerns. Regarding construction traffic and staging, the approved Use Permit requires traffic engineer review and approval of a construction traffic management plan prior to issuance of the project’s building permit. The plan must address several issues including use of the public right-of-way adjacent to the site, pedestrian safety, and truck delivery routes. Off-site worker parking and shuttle service to the site is not required for this project or for other similar projects (including those in areas with higher parking demand). Staging is almost always conducted on the site when possible, or in the public right-of-way (i.e., the parking lanes) adjoining the site. The traffic engineer determines the location of commercial loading after completion of the project. The determination is based on a number of factors, including the needs of the commercial tenant, the availability of other nearby loading zones, and the need to minimize use of residential streets and maintain on-street parking spaces. Staff does not anticipate that the project will trigger significant additional commercial truck usage of Addison Street given the small size of the commercial space.

B. Committee Review:

On January 17, the Design Review Committee gave the proposed modifications a favorable recommendation, with the following conditions to be met prior to final design review: • No glass railings. Details and elevations should show higher parapet and metal

rail condition consistently. • Window bays need further development. Flat wall in between double bays would

be more successful. Additionally, provide sill element and center windows in each bay.

• Stucco reveals should be used more consistently around the whole building.



• Window style should be hopper (in), not awning (out) for increase safety to residents.

• Windows at McGee stair could be more consistent with rest of building. Show alternative designs at FDR.

• Parapet is higher on the west end of the building and appears awkward – make consistent with other parapets.

V. Issues and Analysis Other than the increased elevator shaft height, the proposed modifications enhance the appearance and quality of the building, providing further benefit to the neighborhood. The increased elevator shaft height, at about 4 feet, 9 inches, is relatively minor and will not be substantially visible given that it will have the same materials as the rest of the building. In any event, the increased height is necessary to construct the project.

VI. Recommendation

Staff recommends that the Zoning Adjustments Board APPROVE Modification #07-70000027 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions (see Attachment 1).

Attachments: 1. Findings and Conditions 2. Modified Project Plans, received February 4, 2008 3. Approved Project Plans 4. Notice of Public Hearing 5. Applicant Statement 6. Correspondence Received Staff Planner: Aaron Sage, [email protected], (510) 981-7410

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 FEBRUARY 28, 2008

1698 University Avenue Modification #07-70000027 CEQA FINDINGS

1. A mitigated negative declaration (MND) was adopted for the approved project on July 19, 2005. The proposed modifications are consistent with the findings of the adopted MND and no further review under CEQA is required

GENERAL NON-DETRIMENT FINDING

2. Pursuant to Berkeley Municipal Code Section 23B.32.040, the Zoning Adjustments Board finds that the proposed modifications, including increased setback from redwood trees, refined architectural details and landscaping, increased open space and parking, and increased elevator shaft height, 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, because they enhance the appearance and quality of the building, providing further benefit to the neighborhood, and because the increased elevator shaft height is relatively minor and will not be substantially visible given that it will have the same materials as the rest of the building, and it is necessary to construct the project.

OTHER REQUIRED FINDINGS

3. Pursuant to Berkeley Municipal Code Section 23E.36.090.B, the Zoning Adjustments Board finds that the proposed modifications are compatible with the purposes of the C-1 District and with the surrounding uses and buildings, will not interfere with the continuity of retail and service facilities at the ground level, and will not exceed the amount and intensity of use that can be served by the available traffic capacity and potential parking supply. The ZAB made all of these findings for the approved project, and the proposed modifications do not affect the project’s consistency with these findings.

FINDINGS AND CONDITIONS 1698 UNIVERSITY AVENUE Page 2 of 2 February 28, 2008

File: G:\LANDUSE\Projects by Address\University\1698\MODUP 07-70000027\F&C 1698 University.doc

CONDITIONS

Pursuant to BMC Section 23B.32.040.D, the Zoning Adjustments Board attaches the following conditions to this Permit: 1. All conditions of Use Permit #03-10000025 shall remain in effect, except as modified

by the revised project plans received February 4, 2008.

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