page 1 of 42 03 public hearing subject: zab appeal: 2201 ...€¦ · 23/4/2015 · january 13,...

Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

PUBLIC HEARING January 13, 2015

To: Honorable Mayor and Members of the City Council

From: Christine Daniel, City Manager

Submitted by: Eric Angstadt, Director, Planning & Development

Subject: ZAB Appeal: 2201-2205 Blake Street

RECOMMENDATION Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny Use Permit No. 13-10000023 to construct a new, two-story, approximately 3,000 square-foot duplex and a 432 square-foot single story dwelling within a relocated accessory structure at the rear of the City of Berkeley Landmark site known as the “Bartlett Houses.”

FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS On July 24, 2014 the Zoning Adjustments Board (ZAB) held a public hearing and denied the application by a 5-1-3-0 vote (Yes: Pinto, O’Keefe, Hahn, Tregub, Alvarez-Cohen; No: Williams; Abstain: Donaldson, Pinkston, Allen; Absent: None). On June 24, 2014, the ZAB approved the findings for denial of the application by a 6-2-1-0 vote (Yes: Hahn, Pinkston, O’Keefe, Pinto, Tregub, Williams No: Allen, Donaldson; Abstain: Mikiten; Absent: None). On July 29, 2014, staff issued the notice of the ZAB decision. On August 12, 2014, Marc Madrigal filed an appeal with the City Clerk. The Clerk set the matter for review by the Council on January 13, 2015.

BACKGROUND The project proposes to construct an approximately 3,047 square-foot, two-story duplex in the northeast corner of the lot behind the 1892 Bartlett House (2205 Blake Street); and a separate approximately 432 square-foot residential unit within the existing accessory structure/stable which will be relocated to the northwest corner of the lot behind the primary landmark 1877 Bartlett House (2201 Blake Street). Under a separate companion permit the project includes the construction of two new dwelling units at the rear of 2204 Dwight Way (located immediately north of the site), with below grade parking provided below the new Blake Street duplex with access through the 2204 Dwight Way driveway.

ATTACHMENT 7 ZAB 04-23-15 of 42

rthomsen

Typewritten Text

03

ZAB Appeal: 2201-2205 Blake Street PUBLIC HEARING January 13, 2015

The new duplex would have two, three bedroom/two bath units with the first floor unit measuring 1,464 square feet and the second floor unit measuring 1,583 square feet. The structure includes a subterranean parking garage for six vehicles.

The residential unit proposed within the relocated accessory structure/stable would retain the shape and materials of the original structure, while adding wood double hung windows and new barn doors where appropriate to facilitate the new use. One surface parking space would be provided adjacent to this unit in a driveway off of Fulton Street (see site plan).

Common open space would be provided within a landscaped and fenced garden between the proposed and historic buildings.

At the hearing the ZAB denied the project and at a subsequent hearing adopted the following findings for denial:

The addition of three dwellings including nine bedrooms, along with other rooms that are not labeled as bedrooms but that could be used as bedrooms, to this parcel, especially in light of how the units are marketed by the applicant on his website will result in an intensity of use on the site in excess of that envisioned by the General Plan and the R-2A Zoning District Standards. The intensity of use will create impacts to adjacent residences and the neighborhood as a result of increased trash, noise, and impacts on peace and comfort resulting from additional population.

The site’s General Plan land use classification is Medium Density Residential, which envisions an average building intensity of 20 to 40 dwelling units per acre, and an average population density range of 44 to 88 persons per acre at 2.2 persons per unit citywide. The site measures 13,500 square feet (0.31 acres), and based on the General Plan estimates, would be anticipated to accommodate between 14 and 28 people if the General Plan average density standards were applied to it. The addition of 9 bedrooms to the existing 13 would result in a total of 22 bedrooms that combined would measure a total of 3,131 square feet on the parcel. Should each bedroom be occupied by 2 people, the 22 bedrooms could be expected to accommodate 44 people on the parcel. The ZAB finds that because the project significantly exceeds the General Plan’s general expectations of population density, in an area that is already fully developed with multi-family residential buildings, that the addition of this number of bedrooms would be detrimental to the City and to adjacent residences.

Because the project as proposed does not include a binding agreement to ensure the proper maintenance of the subterranean garage that will be used by residents from a separate parcel, the ZAB finds that the project as proposed could create significant impacts to both the subject parcel and the adjacent residences.

ATTACHMENT 7 ZAB 04-23-15 Page 2 of 42


ENVIRONMENTAL SUSTAINABILITY The project is in compliance with all state and local environmental requirements.

RATIONALE FOR RECOMMENDATION The issues raised in the appellant’s letter, and staff’s responses, are as follows. For the sake of brevity, the appeal issues are not re-stated in their entirety; refer to the attached appeal letter for full text.

Issue 1: The appeal argues that the project would provide home-ownership opportunities for themselves and other young families: “Although we would someday like to buy property here, we would not be able to in its current unfinished state without the proposed condo map conversion.” [p. 1 of attached appeal letter]

Response 1: The project proposed three new dwelling units to the existing four units on the parcel, and did not include a request for a condominium conversion. The ZAB found that the project significantly exceeded the General Plan’s expectations of population density, and that the addition of 9 bedrooms to the existing 13 would be detrimental to the City and to adjacent residences. The ZAB also found that the lack of a binding agreement for the subterranean garage’s maintenance over the life of the project could create significant detriment to adjacent parcels. The appeal does not provide information that would contradict the findings made by ZAB.

Additionally, the denial of this project does not preclude the owner of the property from converting the existing dwelling units into condominiums.

ALTERNATIVE ACTIONS CONSIDERED Pursuant to BMC Section 23B.32.060.B, the Council may (1) affirm the ZAB decision and dismiss the appeal, (2) overturn the ZAB decision and approve the project, (3) remand the matter to the ZAB.

Action Deadline: Pursuant to BMC Section 23B.32.060.C, if none of the three actions described above has been taken by the Council within 30 days from the date the appeal first appears on the Council agenda (not including Council recess), then the decision of the Board shall be deemed affirmed and the appeal shall be deemed denied.

CONTACT PERSONS Carol Johnson, Land Use Planning Manager, Planning & Development Department, (510) 981-7411 Claudine Asbagh, Planning & Development Department, (510) 981-7424



Attachments: 1: Resolution

Exhibit A: Findings and Conditions Exhibit B: Project Plans dated “Received July 3, 2013”

2: Appeal Letter dated August 12, 2014 3: ZAB Staff Report, dated July 10, 2014 4: Index to Administrative Record 5: Administrative Record 6: Public Hearing Notice


RESOLUTION NO. ##,###-N.S. DENYING USE PERMIT NO. 13-10000023 TO CONSTRUCT A NEW, TWO-STORY, APPROXIMATELY 3,000 SQUARE-FOOT DUPLEX AND A 432 SQUARE-FOOT SINGLE STORY DWELLING WITHIN A RELOCATED ACCESSORY STRUCTURE AT THE REAR OF THE CITY OF BERKELEY LANDMARK SITE KNOWN AS THE “BARTLETT HOUSES” IN THE RESTRICTED MULTIPLE-FAMILY RESIDENTIAL (R-2A) ZONING DISTRICT AND DISMISSING THE APPEAL WHEREAS, on May 21, 2013, Nathan George (“applicant”) filed an application for a Use Permit to construct a new, two-story, approximately 3,000 square-foot duplex and a 432 square-foot single story dwelling within a relocated accessory structure at the rear of the City of Berkeley Landmark site known as the “Bartlett Houses” (“project”); and WHEREAS, on September 25, 2013, staff deemed this application complete and determined that the project is categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15332 (“In-fill Development Projects”) and Section 15331(“Historical Resource Restoration/Rehabilitation”) of the CEQA Guidelines; and WHEREAS, on June 26, 2014, staff mailed and posted a Notice of Public Hearing for the project in accordance with BMC Section 23B.32.020; and WHEREAS, on July 10, 2014, the ZAB held a public hearing in accordance with BMC Section 23B.32.030, and denied the project; and WHEREAS, on July 29, 2014, staff issued the notice of the ZAB decision; and WHEREAS, on August 12, 2014 Marc Madrigal filed an appeal of the ZAB decision with the City Clerk; and WHEREAS, on January 13, 2015, the Council held a public hearing to consider the ZAB’s decision, and, in the opinion of this Council, the facts stated in, or ascertainable from the public record, including comments made at the public hearing, warrant denying the project. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby denies Use Permit No. 13-10000023, and adopts the findings and conditions in Exhibit A. Exhibits A: Findings and Conditions B: Project Plans dated “Received July 3, 2013”


A t t a c h m e n t 1

F i n d i n g s

Zoning Adjustments Board

J U L Y 2 4 , 2 0 1 4

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

E-mail: [email protected]

2201 - 2205 Blake Street Use Permit #13-10000023 to construct a new, two-story, approximately 3,000 square-foot duplex and a 432 square-foot single story dwelling within a relocated accessory structure at the rear of the City of Berkeley Landmark site known as the “Bartlett Houses.”

FINDINGS FOR DENIAL 1. Pursuant to Berkeley Municipal Code Sections 23B.32.040, General Non-Detriment

Finding, the Zoning Adjustments Board finds that the project described above, under the circumstances of the particular case existing at the time at which the application is granted, will 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:

� The addition of three dwellings including nine bedrooms, along with other rooms that are not labeled as bedrooms but that could be used as bedrooms, to this parcel, especially in light of how the units are marketed by the applicant on his website will result in an intensity of use on the site in excess of that envisioned by the General Plan and the R-2A Zoning District Standards. The intensity of use will create impacts to adjacent residences and the neighborhood as a result of increased trash, noise, and impacts on peace and comfort resulting from additional population.

� The site’s General Plan land use classification is Medium Density Residential, which envisions an average building intensity of 20 to 40 dwelling units per acre, and an average population density range of 44 to 88 persons per acre at 2.2 persons per unit citywide. The site measures 13,500 square feet, and based on the general plan estimates, would be anticipated to accommodate between 14 to 28 people if the General Plan average density standards were applied to it. The addition of 9 bedrooms to the existing 13 would result in a total of 22 bedrooms that combined would measure a total of 3,131 square feet on the parcel. Based on testimony regarding the Uniform Housing Code occupancy standard of two people per bedroom plus one per additional 70 square feet of floor area, the 22 bedrooms could be expected to accommodate 41 people on the parcel. The ZAB finds that because the project significantly exceeds the General Plan’s general expectations of population density, in an area that is already fully developed with multi-family residential buildings, that the addition of this number of bedrooms would be detrimental to the City and to adjacent residences.

Exhibit A - Finding and Conditions Page 1 of 2


2201-2205 BLAKE STREET NOTICE OF ADMINISTRATIVE DECISION - Findings and Conditions Page 2 of 2 AUP #13-10000023

� Because the project as proposed does not include a binding agreement to ensure the proper maintenance of the subterranean garage that will be used by residents from a separate parcel, the ZAB finds that the project as proposed could create significant impacts to both the subject parcel and the adjacent residences.

Exhibit A - Finding and Conditions Page 2 of 2


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Attachment 2 - Appeal Letter Page 1 of 5


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

JULY 10, 2014

2201 - 2205 Blake Street Use Permit #13-10000023 to construct a new, two-story, approximately 3,000 square-foot duplex and a 432 square-foot single story dwelling within a relocated accessory structure at the rear of the City of Berkeley Landmark site known as the “Bartlett Houses.”

I. Background

A. Land Use Designations: � General Plan: MDR, Medium Density Residential � Zoning: R-2A, Restricted Multiple-Family Residential District

B. Zoning Permits Required: � Use Permit for new dwelling units, under BMC 23D.32.030 � Administrative Use Permit to reduce the rear yard for a main building, under BMC

Section 23D.32.070.D.1 � Use Permit to create more than 6 or more bedrooms on a single parcel, under BMC

23D.32.050 C. CEQA Determination: Categorically exempt pursuant to Section 15332 (“In-fill

Development Projects”) and Section 15331(“Historical Resource Restoration/Rehabilitation”) of the CEQA Guidelines.

D. Parties Involved:

� Applicant/Property Owner Nathan George 2201 Blake Street Berkeley, CA 94704

Attachment 3 - ZAB Staff Report Page 1 of 10


ZONING ADJUSTMENTS BOARD 2201-2205 BLAKE STREET July 10, 2014 Page 2 of 10

File: G:\LANDUSE\Projects by Address\Blake\2201-03-05-07\UP 13-10000023\WORKING\ZAB 7-10-2014\ZAB Staff Report.docx

Figure 1: Vicinity Map

Figure 2: Site Plan

Project Site

2204 Dwight (companion project site)

Location of new duplex

Location of new studio





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

Subject Property Multiple Family (two duplexes)

R – 2A Medium Density Residential

Surrounding Properties North Duplex and Multi-

family Residential R – 3 High Density Residential

South Multi-Family Dwelling R – 2A Medium Density Residential

East Triplex R – 2A Medium Density Residential

West Single Family Dwellings R – 2A Medium Density Residential

Table 2: Special Characteristics

Characteristic Applies to Project?

Explanation

Historic Resources Yes City Landmark property

Green Building Score Yes The applicant proposes a total of 58 points for the proposed project through Build It Green’s Single Family GreenPoint green building measures.

Table 3: Project Chronology

Date Action

May 21, 2013 Use Permit and Landmarks Structural Alteration Permit (SAP) Applications submitted

September 12, 2013 LPC hearing

October 29, 2013 Appeal of LPC submitted by Lozeau Drury for Gale Garcia and “No Mini Dorm Village for Le Conte Neighborhood”

December 17, 2013 City Council Approval of SAP

June 26, 2014 Public Hearing Notices mailed

July 10, 2014 Zoning Adjustments Board Hearing





Table 4: Development Standards StandardBMC Sections 23(click and enter #).070-080

Existing Addition/(Reduction)

Proposed Total

Permitted/Required

Lot Area (sq. ft.) 13,500 -- 13,500 5,000

Gross Floor Area (sq. ft.) 5,639 3,047 N/A

Dwelling Units Total 4 3 7 3

Affordable N/A N/A N/A N/A

Duplex

Building Height

Average (ft.) -- 24’ 6” 24’ 6” 28

Maximum (ft.) -- 27’ 8” 27’ 8” 35

Stories -- 2 2 3

Building Setbacks (ft.)

Front -- N/A N/A N/A

Rear -- + 1’ 3” 4 15

Left (street) Side -- - 20 N/A N/A

Right Side -- -- 4 4

Stable

Building Setbacks (ft.) (stable)

Average (ft.) 15’ 1” 15’ 1” 15’ 1” 28

Maximum (ft.) 15’ 1” 15’ 1” 15’ 1” 35

Stories 1 1 1 3

Building Height (stable)

Front N/A N/A N/A N/A

Rear 2’9” +1’ 3” 4 15

Left (street) Side 70 - 64 6 6

Right Side 5’ 2” N/A N/A N/A

Lot Coverage (%) 22.9 11.8 34.7 45

Usable Open Space (sq. ft.) 9,268 -1,583 7,685 2,100

Parking 0 7 (4 for companion

project)

7 3

II. Project Setting

A. Neighborhood/Area Description:

The project is located immediately adjacent to the Southside Area of Berkeley, four blocks south of the University campus and one block east of Shattuck Avenue. The site is primarily surrounded by one to three story multi-family residential units.

B. Site Conditions:

The site is developed with two, two-story duplexes and a stable/shed located at the rear of the property. On December 5, 2005 the Landmarks Preservation Commission designated the Bartlett Houses, located at 2201-05 Blake Street, a City of Berkeley Landmark site.





III. Project Description

The project proposes to construct an approximately 3,047 square-foot, two-story duplex in the northeast corner of the lot behind the 1892 Bartlett House (2205 Blake Street); and a separate approximately 432 square-foot residential unit within the existing accessory structure/stable which will be relocated to the northwest corner of the lot behind the primary landmark 1877 Bartlett House (2201 Blake Street). Under a separate companion permit the project includes the construction of two new dwelling units at the rear of 2204 Dwight Way (located immediately north of the site), with below grade parking provided below the new Blake Street duplex with access through the 2204 Dwight Way driveway. The new duplex will have two, three bedroom, two bath units with the first floor unit measuring 1,464 square feet and the second floor unit measuring 1,583 square feet. The structure includes a subterranean parking garage for six vehicles. The building will have an average height of 24’ 6” and a maximum height of 27’ 8”. The other residential unit proposed within the relocated accessory structure/stable would retain the shape and materials of the original structure, while adding wood double hung windows and new barn doors where appropriate to facilitate the new use. One surface parking space would be provided adjacent to this unit in a driveway off of Fulton Street (see site plan). Common open space would be provided within a landscaped and fenced garden between the proposed and historic buildings.

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

application poster was erected by the applicant in April 2013. Shortly after the application was submitted, staff was contacted by neighbors that expressed concerns regarding the size and intensity of the proposed development (please see discussion under Committee Review below). The Structural Alteration Permit (SAP) for the project was approved by the LPC on September 12, 2013. An appeal was filed on October 29, 2013. The project had been placed on the ZAB agenda for November 14, 2013, however due to the LPC appeal, all City actions were stayed. The City received three letters in opposition to the project for inclusion in the November 14th ZAB packet (see attachment 4). The City Council denied the appeal of the SAP on December 17, 2013, which allowed the city to continue action on the project. On June 26, 2014, the City mailed 353 notices to property owners and occupants within a 300 foot radius as well as to interested neighborhood organizations. Comments are attached The City has received ongoing correspondence that included letters in opposition to the project and information on violations at various properties owned by the applicant.





Planning and Building staff visited the sites in question with the applicant and requested a timeline for compliance. As of the writing of this report, the following is the status of the properties:

2436 Fulton St. Notice of Violation – roof top deck addition without the benefit of permits. Status – applicant obtaining as-built from original project architect. Estimated timeline for submittal is two weeks. 2504 Dana St. Notice of Violation - occupancy of a building without obtaining the final inspections and a Certificate of Occupancy Status – Final inspection complete and certificate of occupancy granted. 2204 Dwight Way – Notice of Violation – final inspections not obtained. Cal OSHA issued multiple citations for unsafe excavation. Status – Request for alternate materials/methods submitted and in review.

B. Landmarks Preservation Commission Review:

Because Section 3.24.200 of the Berkeley Municipal Code requires Landmarks Preservation Commission review of any proposed construction on a designated landmark for which a City permit is required, an associated Structural Alteration Permit application was filed to allow the construction on the site where the landmarked Bartlett Houses (2201-2205 Blake Street) are located. On September 12, 2013 the Commission held a public hearing and approved the Structural Alteration Permit with conditions, by a 7-2-0-0 vote (Yes: Linvill, Ng, Olson, Parsons, Pietras, Ruegg, Wagley; No: Hall, Schwartz; Abstain: None; Absent: None). On October 29, 2013, Lozeau Drury LLP submitted a notice of appeal on behalf of Berkeley resident Gale Garcia and “No Mini-Dorm Village for LeConte Neighborhood”. The effect of the appeal was to stay all proceedings by all parties in connection with the matter until the determination of the appeal. The Clerk set the matter for review by the Council on December 17, 2013. The Council approved the Structural Alterations Permit by a 6-2-1-0 vote (Yes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates No: Arreguin, Worthington Abstain: Anderson)

V. Issues and Analysis

A. Key Issues:

1. Creation of New Dwelling Units: The project proposes to construct a 3,047 square-foot, two-story duplex in the northeast corner of the lot; and a separate 432 square-foot residential unit within the existing accessory structure/stable that will be relocated to the northwest corner of the lot. The project does not propose any changes to the existing residential units.

The project is located in the Restricted Multiple Family Residential District (R-2A) which allows a density of one dwelling unit per 1,650 square feet of lot area. The





creation of three new dwellings will increase the number of dwelling units to seven on a site that would allow up to eight units. Usable open space would be provided within a landscaped and fenced garden between the proposed and historic buildings. Parking for the new duplex will be provided in the building’s subterranean garage accessed via the driveway on 2204 Dwight while parking for the single unit will be provided as an uncovered space adjacent to the relocated structure. The new units will comply with all applicable development standards.

The project meets the purposes of the R-2A District in that the units will develop a medium density residential area with small multiple-family and garden-type apartment structures that retain an expanse of open space on the subject lot. According to the applicant’s statement, the new units will help provide housing for families who desire proximity to the University and downtown without having to compromise the size of their living quarters. The new units will help create a diverse multi-family housing stock that provides options for people looking to live in the city and will help the city meet the high demand for housing in this area.

2. Height and Bulk: The subject neighborhood has a mix of one, two and three-story multi-family residential buildings that vary in architectural styles. The R-2A District allows building heights of 28’ in average height (35’ with a Use Permit) and up to three stories. The District allows corner properties with two-story structures maximum lot coverage of 45%.

The proposed two-story duplex at the northeast corner of the lot will have an average and maximum height of 24’ 6” and 27’ 8” respectively and be smaller both in height and floor area than the existing duplexes at the front of the parcel. The stable will retain its 15’ height and be relocated to within 6’ of the Fulton Street side (west) property line. While the existing Bartlett House at 2205 Blake is setback by 1’ 9” from the east side property line, the proposed duplex will be set back by 4’. Both buildings will maintain a minimum setback of 4’ from the rear property line. The project will increase the lot coverage from 22.9% to 34.7%, well below the 45% limit.

In this instance, the height and massing of both proposed structures is in keeping with an area that is characterized by one to three-story multiple family residential uses that vary in architectural styles. Staff believes that the proposed project is similar in height, size, bulk and location to other buildings in the neighborhood and would not create any significant impacts to surrounding neighbor’s sunlight, views, air or privacy.

Additionally, because the site is a City of Berkeley Landmark, the project was reviewed and approved by the Landmarks Commission and upheld by City Council on appeal.

3. Potential Shading Impacts: Due to the orientation of the buildings and because the building is located at the rear of the property, new shadows from the project would primarily fall onto the parcel of the companion project located at 2204 Dwight Way. Shading studies submitted by the applicant illustrate that the properties to the northeast and northwest will experience new shading during the morning (2200





Dwight Way) and evening (2208 Dwight Way) of the winter solstice; however the amount will be minimal and is not considered significant.

4. Reduction of Rear Yard Setback: The R-2A District allows a reduction of any amount to the required 15’ rear yard for main buildings subject to an Administrative Use Permit. The project proposes to locate the rear duplex and repurposed stable four feet from the northern property line that is shared with 2200, 2208, and 2204 Dwight Way (the companion project). The reduction of the rear setback for the duplex will most directly affect the parcel located at 2204 Dwight Way, and specifically affect the proposed duplex that is part of the companion project. The distance between the two buildings would be approximately 14 feet which is greater than the district requirement for distance between buildings on the same lot and is expected to provide sufficient room for sunlight, air, and privacy. The reduction of the rear setback for the relocated and repurposed stable will most directly affect the parcel located at 2200 Dwight Way, more specifically the two-story building at 2511/2515 Fulton Street. The distance between the two buildings will be slightly more than four feet as the structure on the abutting parcel is located on the property line. While this distance is less than the recommended distance between buildings on the same lot, staff believes impacts created by the reduction to the required 15’ set back will be minimal as the size of the relocated structure is much smaller relative to the building at 2511/2515 Fulton. To moderate impacts to the privacy of residences on the adjacent parcel the building would be oriented towards the interior of the subject lot.

5. Number of Bedrooms: The R-2A District requires a Use Permit to create six or more bedrooms on a single parcel1. The project would create 9 new bedrooms on a parcel that currently has 13 (8 in the proposed duplex and 1 in the studio). It should be noted that because of the new regulations regarding addition of bedrooms to parcels and a new definition of “bedroom,” the dining rooms in each unit count towards the project’s overall bedroom count.

According to the applicant’s statement, the new four-bedroom units are designed to accommodate smaller households that want both ample interior space and the convenience of living near the services and amenities offered by higher density neighborhoods and commercial areas north and east of the project. The location of the buildings on the large site and amount of open space would support the number of bedrooms proposed in the project.

6. Parking: The project proposes to construct an underground parking area beneath the new rear duplex that will be accessed via 2204 Dwight Way. The parking area will provide two new spaces for the new dwelling units as well as the additional

1 "Bedroom" means any Habitable Space in a Dwelling Unit or habitable Accessory Structure other than a kitchen or living room that is intended for or capable of being used for sleeping with a door that closes the room off from other common space such as living and kitchen areas that is at least 70 square feet in area, exclusive of closets and other appurtenant space, and meets Building Code standards for egress, light and ventilation. A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition will be considered a bedroom for the purposes of applying this requirement.





parking required for the companion project at 2204 Dwight Way. The project would also provide parking for the studio by constructing a parking pad adjacent to the relocated stable structure.

In order to insure that the parking access will be maintained on the companion site, and that the parking spaces are maintained on the subject lot, a notice of limitation granting easements will be required on both sites prior to the issuance of a building permit.

B. General and Area Plan Consistency: General Plan Policy Analysis: The 2002 General Plan contains several policies applicable to the project, including the following: 1. Policy LU-1 Community Character: Maintain the character of Berkeley as a special,

diverse, unique place to live and work.

2. Policy LU-2 Preservation: Protect Berkeley’s character by identifying, restoring, and preserving historic buildings. (Also see Urban Design and Preservation Policies UD-1 through UD-3.)

3. 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.

4. 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.

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. Staff Analysis: The subject property is located in the R-2A Restricted Multiple-Family Residential Zoning District, generally characterized by a mix of single-family homes and small to medium sized multi-family structures. The zoning for this site also serves as a transition to the adjacent R-3 Zoning District immediately north of the site, which is located within the Southside Plan Area and encourages the development of relatively high density residential areas. The in-fill project allows the city to meet housing needs and reduce greenhouse gas emissions while maintaining the use of the historic site.





The new construction is designed to be compatible in scale with the overall massing of the eclectic neighborhood setting. While the proposed project would be visible, it would not obstruct the views of the houses from the public right-of-way nor will it tower over them. The two-story duplex is proposed to be lower than both of the landmark houses, located in the back corner of the double lot, silhouetted by an existing modern apartment building built over a garage on the adjacent lot beyond to the east.

7. 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: The project (along with the companion project at 2204 Dwight Way) will provide a total of 5 new dwelling units in medium-sized buildings that are compatible with the surrounding neighborhood uses and buildings. Additionally, the in-fill project allows the city to meet housing needs and reduce greenhouse gas emissions while maintaining the use of the historic site.

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: A. APPROVE Use Permit #13-10000023 pursuant to Section 23B.32.040 and subject to

the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans, received July 3, 2014 3. Notice of Public Hearing 4. Correspondence Received Staff Planner: Claudine Asbagh, [email protected], (510) 981-7424



DATE PAGE # of pages

A

1 ZAB Materials: staff report and attachments 1/23/2014 1 42

2 ZAB Materials: staff report, attachments,supplemental items, speaker cards, and late items 7/10/2014 43 164

3 ZAB: Findings for denial 7/24/2014 207 2

B

4 ZAB captioner's record 1/23/2014 209 2



C

7 Application Materials 5/21/2013 254 42

8 Resubmittal 10/21/2013 296 19

9 Resubmittal 11/13/2013 315 1

10 ZAB public hearing notice and mailing list 1/8/2014 316 26

11 ZAB public hearing notice posted on site 1/8/2014 342 3

12 Resubmittal 2/6/2014 345 8

13 ZAB public hearing notice and mailing list 6/26/2014 353 11

14 ZAB Notice of Decision 7/30/2014 364 8

15 Appeal of ZAB decision 8/12/2014 372 5

16 Letter from City Clerk 8/29/2014 377 2

17 Correspondence 10/16/2014 379 2

INDEX TO ADMINISTRATIVE RECORD

2201 BLAKE STREET

Prepared: October 27, 2014

UP#13-10000023

REMAINDER OF ADMIN RECORD

CAPTIONER'S RECORD or minutes of all hearings

DOCUMENT

STAFF REPORTS

1 of 1\\cobnas1\Planning$\LANDUSE\Projects by Address\Blake\2201-03-05-07\UP 13-10000023\Admin Record_2201 Blake\Index to Admin Record_2201 Blake.xlsx

Attachment 4 - Index


Administrative Record

ZAB Appeal: 2201-2205 Blake Street

Attachment 5 to this report, ZAB Appeal: 2201-2205 Blake Street is on file and available for review at the City Clerk Department, or can be accessed from the City Council Website. Copies of the attachment are available upon request.

City Clerk Department 2180 Milvia Street Berkeley, CA 94704 (510) 981-6900 or from: The City of Berkeley, City Council’s Web site http://www.cityofberkeley.info/citycouncil/

Attachment 5


http://www.cityofberkeley.info/citycouncil/

NOTICE OF PUBLIC HEARING-BERKELEY CITY COUNCIL CITY COUNCIL CHAMBERS, 2134 MARTIN LUTHER KING JR. WAY

2201 – 2205 Blake Street

Notice is hereby given that on JANUARY 13, 2015 at 7:00 P.M. the City Council of the City of Berkeley will conduct a public hearing to consider an appeal against a decision by the Zoning Adjustments Board’s denial of Use Permit #13-10000023, to construct a new, two-story, approximately 3,000 square-foot duplex and a 432 square-foot single story dwelling within a relocated accessory structure at the rear of the Bartlett Houses City of Berkeley Landmark site. A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of January 8, 2015. For further information, please contact Claudine Asbagh, 510-981-7410 Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet. Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. 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 City Clerk at 981-6900 or [email protected] for further information. __________________________________ Mark Numainville, CMC, City Clerk Mailed: December 30, 2014 NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny (Code Civ. Proc. §1094.6(b)) or approve (Govt. Code §65009(c)(5)) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure §1094.6, no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. If you challenge the above 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 City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 10 days prior to the public hearing.

Attachment 6


http://www.cityofberkeley.info/

mailto:[email protected]

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