Use Permit # to construct a new, 2,344-square-foot, two-story, four-bedroom, single-family house on an existing vacant lot.

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1 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 FOR BOARD ACTION DECEMBER 12, A Acton Street Use Permit # to construct a new, 2,344-square-foot, two-story, four-bedroom, single-family house on an existing vacant lot. I. Background A. Land Use Designations: General Plan: LDR Low Density Residential Zoning: R-1 Single-Family Residential B. Zoning Permits Required: Use Permit for construction of a new dwelling unit, under BMC Section 23D C. CEQA Determination: Categorically exempt pursuant to Section of the CEQA Guidelines ( New Construction or Conversion of Small Structures ). D. Parties Involved: Applicant/ Property Owner Xiaopei (Chad) Qi, 636 Jerome Street, Davis, CA Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 2749-A ACTON STREET ZONING ADJUSTMENTS BOARD Page 2 of 8 December 12, 2013 Figure 1: Vicinity Map

3 ZONING ADJUSTMENTS BOARD 2749-A ACTON STREET December 12, 2013 Page 3 of 8 Figure 2: Site Plan

4 2749-A ACTON STREET ZONING ADJUSTMENTS BOARD Page 4 of 8 December 12, 2013 Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation Subject Property Vacant Lot R-1 LDR North Single-Family R-1 LDR Surrounding Properties South Single-Family R-1 LDR East Single-Family R-1 LDR West Single-Family R-1 LDR Table 2: Special Characteristics No special characteristics apply to this project. Table 3: Project Chronology Date September 12, 2013 November 13, 2013 November 26, 2013 December 12, 2013 Action Application submitted Application deemed complete Public hearing notices mailed/posted ZAB hearing January 12, 2013 PSA deadline 1 1. Project must be approved or denied within 60 days after being determined to be exempt from CEQA (Govt. Code 65950). Table 4: Development Standards Standard BMC Sections 23D Existing Addition/ (Reduction) Proposed Total Permitted/ Required Lot Area (sq. ft.) 3,500 No change 3,500* 5,000 Gross Floor Area (sq. ft.) 0 2,646 2,646 n/a Dwelling Units Building Height Building Setbacks (ft.) Average (ft.) Maximum (ft.) Stories Front Rear Left Side (1) Right Side (1) Lot Coverage (%) Usable Open Space (sq. ft.) Automobile Parking * Items in bold are existing, legal non-conforming conditions. (1) When the width of any lot is less than 40 feet, the width of each Side Yard may be reduced to 10% of the lot width, but in no case to less than three feet (BMC 23D D.2).

5 ZONING ADJUSTMENTS BOARD 2749-A ACTON STREET December 12, 2013 Page 5 of 8 II. Project Setting A. Neighborhood/Area Description: The subject neighborhood, located one block to the east of San Pablo Park, is a subdivision of smaller ( ±3,500-square-foot) lots developed during the 1910s and 20s with modest, predominantly single-story, single-family houses. The neighborhood is still predominantly single-family, but contains a mix on single- and two-story singlefamily and smaller multi-family buildings of varying architectural style. B. Site Conditions: The subject site is a flat, undeveloped 35 x 100 parcel that is currently enclosed by a six-foot solid wood perimeter fence. Per City Records, the parcel has never been developed. III. Project Description The project proposes to develop an existing, vacant lot with a two-story, four-bedroom, three bathroom, 2,344-square-foot single-family house with an attached one-car garage. Although somewhat limited in floor plan layout due to the 35-foot substandard width of the lot, the applicant has added articulation to the building through a horizontally stepped back front façade, an entry portico and a front balcony. Visual interest will be achieved by the inclusion of wood veneer over two-toned smooth stucco. Figure 3: Proposed 2749 Acton A IV. Community Discussion A. Neighbor/Community Concerns: A pre-application poster, installed by the applicant, has been visible to passersby at the project site since September 2013 through present. On November 26, 2013, staff posted the public hearing notices on this item at and around the project site, and sent the notices to all owners and occupants within 300 feet of the subject site, and to interested neighborhood organizations. As of the writing of this staff report, staff has received no public comment related to this project.

6 2749-A ACTON STREET ZONING ADJUSTMENTS BOARD Page 6 of 8 December 12, 2013 B. Committee Review: No committee review is required for this project. V. Issues and Analysis A. Key Issues: 1. Neighborhood Compatibility: As described in the neighborhood setting above, the subject neighborhood is predominantly single-family with a mix of one- and two-story structures of varied architectural styles. The proposed architectural style and 22-foot height of the proposed building will fit in well with the existing neighborhood development pattern and streetscape (see Figure 4 below). Figure 4: Streetscape 2. District Purposes: The project is consistent with the purposes of the District in that it would allow the construction of a single-family detached home on a narrow lot while maximizing the Useable Open Space and setbacks to the greatest extent feasible. The project is proposing 4-foot side yard setbacks where only 3.5-foot setbacks are required and a 28-foot rear yard setback where only 20 feet are required. By minimizing the building footprint while maintaining a modest 22-foot height limit, the project would protect adjacent properties from unreasonable obstruction of light and air. (See further discussion on shadowing impacts in Key Issue 3 below.) 3. Shadowing Impacts: The shadow studies submitted by the applicant indicate that new shadows from the project would affect the property to the north (2749 Acton) primarily in the winter months. During the morning hours, new shading will affect the front (west) side of the elevation, moving towards the rear (east) as the day progresses. Although shading will affect the house throughout the winter days, only in the evening will the shadows affect a portion of the windows of living areas; the rest of the day the shadows either hit the enclosed front porch or side entry area. As an infill project that is consistent with the development pattern of the existing narrow lots, staff believes the shading impact of the proposed project is to be expected and does not create a detrimental impact.

7 ZONING ADJUSTMENTS BOARD 2749-A ACTON STREET December 12, 2013 Page 7 of 8 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-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 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: See discussion in Key Issue 1 and 2 above. 5. Policy UD-32 Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: See discussion in Key Issue 2 and 3 above. 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: 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 applicant is targeting a total of 65 points for the proposed project through Build It Green s Single Family GreenPoint green building measures.

8 2749-A ACTON STREET ZONING ADJUSTMENTS BOARD Page 8 of 8 December 12, 2013 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 # pursuant to Section 23B and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans, received September 12, Notice of Public Hearing 4. Any Correspondence Received Staff Planner: Leslie Mendez, lmendez@ci.berkeley.ca.us, (510)