2902 adeline street - berkeley, california · 2/25/2016 · 2120 milvia street, berkeley, ca 94704...

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

- Project Preview -

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

E-mail: [email protected]

FOR BOARD REVIEW AND COMMENT FEBRUARY 25, 2016

2902 Adeline Street

Project Preview for Use Permit ZP2015-0177 to redevelop 3 parcels at 2902

and 2908 Adeline Street and 1946 Russell Street (approximately 14,065

square feet total), which includes the demolition of one residential

structure and one mixed-use (commercial and residential) structure; and

the construction of a 6-story, mixed-use building with 5 live/work spaces

and 50 dwelling units, including 4 available to very low income

households. The project would include 56 bicycle spaces and stacked

parking for 24 vehicles.

I. Background

A. Land Use Designations: • General Plan: Avenue Commercial and High Density Residential • Zoning: C-SA (South Area Commercial) and R-4 (Multi-Family Residential)

B. Zoning Permits Required:

• Use Permit for a Mixed Use Development (Residential/Commercial) of 5,000 sq. ft. or more in the C-SA District, under BMC Section 23E.52.030.A;

• Use Permit for Live/Work units in the C-SA District, under BMC Section 23E.52.030.A;

• Use Permit for demolition of a non-residential building, under BMC Section 23C.08.050.A;

• Use Permit to demolish a building with one or more dwelling units, under BMC Section 23C.08.020.A;

• Use Permit to exceed the maximum height requirement of 36 feet, 3 stories for mixed use buildings in the C-SA District, under BMC Section 23E.52.070.D.7;

• Use Permit to exceed the 35 feet, 3 story height limit in the R-4 District, under BMC Section 23D.40.070.C;

ZONING ADJUSTMENTS BOARD 2902 ADELINE STREET February 25, 2016 of 12

• Use Permit to exceed 40% lot coverage in the C-SA District, under BMC Section 23E.52.070.D.7;

• Use Permit to modify the front setback in the C-SA District to less than the 15-foot minimum, under BMC Section 23E.52.070.D.7;

• Use Permit to modify the street side setback in the C-SA District to less than the 6 to 15-foot minimum range, under BMC Section 23E.52.070.D.7; and

• Use Permit to allow for a reduction in the required off-street parking, under BMC Section 23E.52.070.D.7.

C. Approvals Under State Density Bonus Law:

Waivers/Reductions of Development Standards (Govt. Code §65915(e)): (1) Increase FAR on the C-SA portion of the property from 4.0 maximum to 4.5

D. CEQA Determination: Anticipated categorical exemption under § 15332 of the California Environmental Quality Act (CEQA) Guidelines (“In-Fill Development Projects”).

E. Parties Involved:

• Applicant

• Architect

Cody Fornari, REALTEX Apartments, LLC, Street, 2342 Shattuck Avenue, #171, Berkeley, CA

David Trachtenberg, Trachtenberg Architects, 2421 Fourth Street, Berkeley, CA

Table 1: Land Use Information

Location Existing Use Zoning Districts General Plan Designations

Subject Property

2908 Adeline - Mixed-use building for AW Pottery sales office and 2nd story apartments. 2902 Adeline - Vacant commercial lot with pottery displays.

C-SA AC, Avenue Commercial

1946 Russell - Single-family residence

R-4 HDR, High Density Residential

Surrounding Properties

North Residential C-SA and R-2A AC, Avenue Commercial, MDR, Medium Density Residential

South Residential, Commercial C-SA AC, Avenue Commercial

East Residential, Commercial C-SA AC, Avenue Commercial

West Residential R-4 HDR, High Density Residential


Figure 1: Vicinity Map

Harriet Tubman Terrace Apts.

Subject Site

Berkeley Bowl

Ashby BART


Figure 2: Site Plan


Figure 3: Street Frontage – North Elevation

Figure 4: Street Frontage – East Elevation


Table 2: Special Characteristics

Characteristic Applies

to Project?

Explanation

Affordable Child Care and Affordable Housing Fee for non-residential projects (Per Resolution 66,617-N.S. and 66,618-N.S.)

No

Proposed project includes 4,166 square feet of commercial space (live/work units) which is less than the 7,500 square feet requirement.

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

Yes The project will be subject to the City’s Affordable Housing Mitigation Fee

Density Bonus Yes The project will provide 11% of the base project as BMR for VLI and qualifies for35% density bonus units with accompanying modifications and two concessions.

Green Building Score Yes Minimum score is 50 and Maximum score is 381. Proposed project scores 94.5. GreenPoint Rated, New Home Multifamily Checklist 6.0; Certification Level: Silver

Historic Resources No The buildings proposed for demolition do not meet the criteria for the California Register or a City of Berkeley Landmark.

Soil/Groundwater Contamination No

Proposed project is located within a Toxic Division’s Environmental Management Area. The applicant will provide a Phase I report and the project will be subject to standard soil/groundwater conditions of approval (Soil and Groundwater Management Plan).

Table 3: Project Chronology

Date Action

August 17, 2015 Application submitted

October 8, 2015 Application deemed incomplete

November 6, 2015 Revised application submitted

December 16, 2015 Interdepartmental Roundtable Meeting

February 25, 2016 ZAB Preview Hearing


Table 4: Development Standards

Standard

BMC Sections 23D.40.070-080; 23E.20.060; 23E.20.080; 23E.52.070-080

Proposed Total Permitted/

Required

C-SA R-4 C-SA1 R-4

Lot Area (sq. ft.) 10,785 3,280 -- --

Gross Floor Area (sq. ft.) 48,934 2,345 43,140 --

Floor Area Ratio (Non-Residential only) 4.52 -- 4.0 --

Dwelling Units Total 50 --- --

Affordable (VLI) 4 23 --

Live Work Units /Commercial

Total 5 -- --

Affordable (LI) 1 14 --

Building Height

Average (ft.) 41 -- --

Maximum (ft.) 65 55 36 35

Stories 6 5 3

6 (with UP) 3

5 (with UP)

Building Setbacks (ft.)

Front (Adeline St.) 0 -- See R-4 0 (with UP)

15

Rear (west) --

15 17 19 21

--

15 (1st-3rd flr) 17 (4th flr) 19 (5th flr) 21 (6th flr)

Left Side (south)

4 6 8 10 12

-- See R-4

4 (1st- 2nd flr) 6 (3rd flr) 8 (4th flr) 10 (5th flr) 12 (6th flr)

Right Side (Russell St.)

0d

6 8

10 12 14 15

See R-4 0 (with UP)

6 (1st flr) 8 (2nd flr) 10 (3rd flr) 12 (4th flr) 14 (5th flr) 15 (6th flr)

Lot Coverage (%) 81 37 See R-4 40

Usable Open Space (sq. ft.) 1,800 2,000 1,800 2,000

Parking Automobile 24

46 residential 6 commercial

Bicycle 54 2

Notes:

1. Per 23E.52.070.D.5 & 7, the Board may grant a Use Permit to modify height, setbacks, lot coverage, and parking in the C-SA District for mixed use projects.

2. A Variance or Density Bonus waiver is required to exceed the FAR limit in the C-SA District. 3. Per the Density Bonus scenario, the project would require 2 VLI BMR units. 4. Per 23E.20.080, one inclusionary live/work unit shall be provided for each five (5) live/work units.


II. Project Setting A. Neighborhood/Area Description: The neighborhood of the proposed project is

focused around Adeline and Russell Streets, one block north of Ashby Avenue. The area to the north is zoned Medium Density Residential and South Area Commercial and is characterized by a mix of low- to medium-density residential buildings, including the Harriet Tubman Terrace Apartments. The area to the west is zoned Multi-Family Residential and consists of low- to medium-density residential buildings, as well as the Berkeley Public Library – South Branch, and Grove Park. The area to the south and east is zoned South Area Commercial and is characterized by a mix of residential and commercial uses, including Berkeley Bowl, located just northeast from the site. The project site is 0.2 miles (less than a 5 minute walk) from the Ashby BART Station (located at Adeline and Ashby) and 1 mile away from the Downtown Berkeley BART Station. The site is within the Adeline Corridor Plan Area, which is currently underway.

B. Site Conditions: The approximately 14,065 square foot project site consists of 3 parcels. Two of the parcels front Adeline Street (2902 and 2908 Adeline) and are zoned South Area Commercial. One parcel fronts Russell Street (1946 Russell) and is zoned Multi-Family Residential (R-4). The 2908 Adeline Street parcel is developed with a two-story, mixed-use building with the AW Pottery storefront on the ground level and residential/office units on the second floor. 2902 Adeline Street parcel consist of a paved area that serves as a display area for pottery. The 1946 Russell Street parcel is developed with a two-story, single-family residence.

III. Project Description The proposed project would demolish the existing buildings, merge the three lots, and construct a new mixed-use building. The new 6-story building would have the following main components:

• 50 dwelling units, including 3 residential lofts, 34 one-bedroom units and 13 two-bedroom units;

• 4,166 square feet of commercial space that consists of 5 live/work units;

• 3,800 square feet of open useable space including the rear yard, podium level terrace, and roof deck;

• Stacked parking for 24 vehicles; and

• 56 bicycle parking spaces.

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

applicant erected a yellow pre-application poster at the site. The applicant held community meetings on July 22, 2015 and August 5, 2015, which were attended by 36 and 49 people, respectively (meeting information is included as Attachment 3). On February 9, 2016, the City mailed public hearing notices to property owners and occupants, and to interested neighborhood organizations. Since project submittal, staff has received inquiries of concern and interest regarding the project’s proposed 6-story height, neighborhood compatibility and character, traffic, limited parking


supply, impacts during project construction, and consistency with the Adeline Corridor planning process. Comment letters submitted may be found in Attachment 4.

V. Issues and Analysis A. Issue 1: Building Height/Massing

The project proposes a 6-story building in a neighborhood that consists predominantly of 1- and 2-story structures with a few scattered 3-story apartments. The one exception is the 6-story Harriet Tubman Terrace Apartments, located just north of the project site. With a proposed 4.5 FAR, the project exceeds the 4.0 maximum allowable FAR on the C-SA zoned parcels.1 To avoid the Variance required to process this exception to the development standards, the applicant redefined the project as a density bonus project with the following main components:

• A base project area of 16,792 square feet with an average base unit size of 930 square feet, resulting in 18 base dwelling units;

• Provision of 11%, or 2 below market rate (BMR) units at Very Low Income (VLI <50% AMI);

• Qualifies for 35%, or 7 unit density bonus, for a total of 25 units;

• Waivers to exceed the FAR in the C-SA and lot coverage in the R-4 per Govt. Code §65915(e); and

• Use Permit requests above the density bonus for the additional 2.5 stories and associated 25 units.

Previous direction to staff had been that additional discretionary height that might otherwise be requested with a Use Permit was not allowed for projects taking advantage of State Density Bonus Law. However, a recent determination by the City Attorney and the Planning Director diverges from past procedures in that project applicants may now request a Use Permit for additional height as allowed by the zoning district in addition to the density bonus. Unlike the waivers required to accommodate the density bonus units, the ZAB retains discretion over granting the height increases and associated units. The building is well designed in respect to the less dense massing of surrounding properties; the height steps down from 6- to 5-stories and then 2-stories at the rear of the property providing a horizontal transition to the neighboring 2-story single-family home at 1942 Russell Street. However, the overall building height is still significantly greater than the average building height in the neighborhood. Neighbors have expressed concern that the height of the proposed building will not be compatible with the surrounding area and staff is considering whether the 6-story structure is the best fit at this location.

1 In the case of a lot or combined lots that are divided by a boundary between two (2) or more Districts, each part of the lot shall be subject to the provisions of the District in which it is located (BMC §23A.16.030.B).


B. Issue 2: Live/Work The height limit for residential and Mixed Use buildings at the subject site is 3 stories and 36 feet.2 These limits may be exceeded for a Mixed Use development upon Use Permit approval (23E.52.070.5.D). Such administrative relief, however, is not available for residential only developments. The applicant’s proposal to create a mixed-use project includes five live/work units to serve as the commercial portion of the mix. Live/Work is a permissible with Use Permit approval within the C-SA District. The Zoning Ordinance defines Live Work as a built space used or designed to be used both as a workplace and as a residence with no less than sixty percent comprised of “adequate” and clearly defined working space (BMC 23F.04). Staff requests ZAB consider whether the proposal meets the purposes of the 1998 South Shattuck Strategic Plan for commercial uses. Live/Work is listed as an acceptable use, but lacks the general characteristics of a “Desired Business”, particularly being a neighborhood-serving business. However, the subject site is adjacent to predominantly residential uses. While neighborhood-serving businesses are highly desirable, and Live/ Work might lack “Approachability and interest regarding community/neighborhood needs and concerns,” an occupied Live/Work is preferable to a vacant commercial space.

C. Issue 3: Parking Per the Zoning Ordinance, the project requires 46 vehicle spaces for the 46,324 square feet of residential (at 1 vehicle space per 1,000 square feet) and 6 vehicle spaces for the 4,166 square feet of commercial space (at 1 vehicle space per 500 square feet minus the first 1,000 square feet). The project is proposing a total of 24 spaces and is requesting a waiver for the remaining 28 spaces. Although the project site is located 0.2 miles from the Ashby BART Station and within 0.25 miles of several AC Transit line stops (F, 12, 18, and 49), neighbors have expressed concern that street parking in the neighborhood is a challenge and a reduction in required resident parking will intensify this issue. The City’s Traffic Engineering staff reviewed the applicant’s Traffic Impact Analysis (TIA), prepared by Abrams Associates, and requested revisions to the report, including the Residential Parking Demand sections. The TIA applies an ITE parking generation rate of 0.45 vehicle per dwelling unit and the City’s Traffic Engineer staff has requested more information to support this assumption. Furthermore, the City’s Traffic Engineer has requested that the analysis use U.S. Census data instead because the tracts surrounding the project site indicate an average of 0.85 auto space demand per dwelling unit for buildings with more than 5 dwelling units. This translates into a project demand of 47 automobiles. It also indicates that while proximity to transit, particularly BART, reduces use of private vehicles for commuting, it does not reduce the ownership rate of private vehicles to the same degree.

2 Height limits are differ for those blocks and portions of blocks of the District adjacent to Shattuck Avenue between Dwight Way on the north and Parker Street on the south and for those portions of the District adjacent to Shattuck Avenue between Parker Street on the north and Ward Street on the south, and those properties bounded by Adeline Street, Shattuck Avenue, and Russell Street (BMC 23E.52.070.B.1 & 2).


There is a balance to achieve between planning towards a transit-oriented, car independent society and the realities of car ownership and the real estate–both off- and on-street—required to park them. Staff requests feedback from the ZAB to assess whether a reduction of more than 50% of the required parking could be supported and/or whether it is anticipated to create undue detriment in the availability of parking and related ‘looking for parking’ congestion in the project vicinity.

D. General Plan Consistency: The 2002 General Plan contains several policies

applicable to the project. The following are provided to guide ZAB in its advisory comments and suggestions. 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.

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.

3. Policy LU-27 Avenue Commercial Areas: Maintain and improve Avenue

Commercial areas, such as University, San Pablo, Telegraph, and South Shattuck, as pedestrian-friendly, visually attractive areas of pedestrian scale and ensure that Avenue areas fully serve neighborhood needs as well as a broader spectrum of needs.

4. Policy UD-17 Design Elements: In relating a new design to the surrounding area, the factors to consider should include height, massing, materials, color, and detailing or ornament.

5. 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.

6. 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.

7. Policy UD-32–Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows.

8. 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.

9. Policy LU-23–Transit-Oriented Development: Encourage and maintain zoning

that allows greater commercial and residential density and reduced residential


parking requirements in areas with above-average transit service such as Downtown Berkeley.

E. Plan Consistency: The South Berkeley Area Plan, adopted in 1990, also contains several policies applicable to the project, including the following:

1. Housing Element Policy 3.7: Encourage the construction of new affordable

housing units.

2. Housing Element Policy 3.10: Locate higher density housing in area with easy access to retail activity, the workplace, and public transportation.

3. Housing Element Policy 5.2: Ensure that useable open space improvements are integrated into new housing and mixed use developments.

4. Land Use Policy A. 1: Preserve the character and quality of life of residential areas.

5. Land Use Policy C.1.2: Regulate mixed development to ensure compatibility with

adjacent residential neighborhoods.

VI. Recommendation

Staff recommends that the ZAB provide advisory comments to the applicant on the building height and reduction in parking requirement, including the requested density bonus and concessions, and to staff on issues and analyses that the ZAB would like to see discussed in the next staff report.

Attachments: 1. Project Plans, received February 16, 2016 2. Notice of Public Hearing 3. July 22, 2015 and August 5, 2015 Meeting Information 4. Correspondence Received Staff Planner: Leslie Mendez, [email protected], (510) 981-7410 Contract Planner: Carla Violet, [email protected], (510) 251-8210

2902 adeline street - berkeley, california · 2/25/2016 · 2120 milvia street, berkeley, ca 94704...

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