1530 Grizzly Peak Blvd. Lot 598

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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 JULY 12, Grizzly Peak Blvd. Lot 598 Use Permit # to construct a two-story, 3,183 square foot single-family dwelling on a 7,269 square foot parcel I. Application Basics A. Land Use Designations: General Plan: Low Density Residential Zoning: R1(H): Single Family Residential; Hillside Overlay District B. Zoning Permits Required: Construct new Dwelling Unit, under BMC Section 23D ; Construct retaining walls in excess of six feet in yards, under Section 23D C. CEQA Determination: Categorically exempt pursuant to Section 15303(a) ( New Construction or Conversion of Small Structures ) and Section (In-Fill Development Projects) of the CEQA Guidelines. D. Parties Involved: Applicant Property Owner Zhitong Zhang 1416 Richmond Street El Cerrito, CA Lie and Milo Wolff 1125 Third Street Manhattan Beach, CA Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 1530 GRIZZLY PEAK BLVD. ZONING ADJUSTMENTS BOARD Page 2 of 11 July 12, 2012 Figure 2: Vicinity Map

3 ZONING ADJUSTMENTS BOARD 1530 GRIZZLY PEAK BLVD. July 12, 2012 Page 3 of 11 Figure 3: Site Plan File: G:\LANDUSE\Projects by Address\Grizzly Peak\1530\UP \Working\ ZAB RPT.docx

4 1530 GRIZZLY PEAK BLVD. ZONING ADJUSTMENTS BOARD Page 4 of 11 July 12, 2012 Figure 4 : Downslope View of Story Poles from Grizzly Peak Boulevard Figure 5 : View from Street

5 ZONING ADJUSTMENTS BOARD 1530 GRIZZLY PEAK BLVD. July 12, 2012 Page 5 of 11 Figure 6: Axonometric and Elevations File: G:\LANDUSE\Projects by Address\Grizzly Peak\1530\UP \Working\ ZAB RPT.docx

6 1530 GRIZZLY PEAK BLVD. ZONING ADJUSTMENTS BOARD Page 6 of 11 July 12, 2012 Table 1: Land Use Information Location Existing Use Zoning District Subject Property Surrounding Properties North/ South/ East/ West Single Family Residential Single Family Residential R-1 (H) General Plan Designation Low Density Residential Table 2: Special Characteristics Characteristic Creeks Historic Resources Inclusionary Housing Oak Trees Applies to Project? No No No No Explanation Seismic Hazards No A geotechnical investigation was undertaken for the applicant by CAPEX Engineering Inc. to determine soil conditions and provide recommendations for foundation design and grading criteria only Soil/Groundwater Contamination No Green Building Score 85 Green Building consultation December 22, 2010; Table 3: Project Chronology Date April 13, 2011 June 12, 2012 June 28, 2012 July 12, 2012 Action Application submitted Application deemed complete Public hearing notices mailed/posted ZAB hearing Table 4: Development Standards Standard BMC Sections 23D and 23E Existing Proposed Total Permitted/ Required Lot Area (sq. ft.) 7,269 N/A 5,000 Gross Floor Area (sq. ft.) Vacant 3,183 N/A Dwelling Units Vacant 1 1 Building Height Building Setbacks Average N/A Maximum Stories 3 3 Front Rear Left Side 4 4 Right Side 4 4 Lot Coverage Footprint (sq. ft. / %) 2,041 / 28 3,944 / 40 Usable Open Space (sq. ft.) Parking Automobile 2 1

7 ZONING ADJUSTMENTS BOARD 1530 GRIZZLY PEAK BLVD. July 12, 2012 Page 7 of 11 II. Project Setting A. Neighborhood/Area Description: The project site is in a hillside residential neighborhood of single-family dwellings located on the northeastern edge of the City south of Grizzly Peak Boulevard. The neighborhood is heavily forested with mature, large trees and is defined by narrow, winding quiet streets, and steep hillside lots populated with homes that vary in age, size and architectural style. B. Site Conditions: The project site is a vacant, steep, downward sloping lot with a rear property line abutting Grizzly Peak Boulevard, above, and fronting onto Summit Drive, below. The lot is irregular in shape, with two side property lines to the east, and one side property line to the west. It is not landscaped, but has a gate and driveway providing secondary access to the adjacent lot developed with one single family home to the north east, also owned by the owner of this lot. This access will be removed as part of this project with primary access to that home remaining from Grizzly Peak Boulevard. The residential lots within the immediate vicinity of the proposed home on Summit Drive are developed with single-family homes, ranging in size from 1,573 to 3,322 square feet 1. III. Project Description The plans call for the construction of a new single-family home, set into this sloping lot, and fronting onto Summit Drive. The project proposes removal of three trees, none of which is a Coastal live Oak. The new home would have three bedrooms and three bathrooms with 3,183 sq. ft. of gross floor area plus a 1,037 sq. ft. attached two-car garage. The first floor of the home would be set into the sloping lot at an approximate elevation of 1,200 feet, with the attached garage below at street level. The upper floor would include the family room, the kitchen/dining room with a narrow northern facing deck over the graded rear yard, and the master bedroom suite, which would feature a large southern facing deck built over the floor below. The lower floor would include two bedrooms and a living room, which would open onto a southern facing porch and open space in the front yard. At the street level, storage space would be tucked behind the front facing garage. The home would have two stories with a garage ceiling that is less than six feet above existing grade. It would appear to be partially three stories (including the garage level below grade) from the front elevation, one story from the rear and left side elevations, and two stories from the right side elevation (See Figure 5 for details). Even from the front elevation, the house would not be more than three stories high, and the average and maximum heights would be below the maximum permitted. The stepped massing and essentially flat roof slopes (2%) would work to create a low profile to the house overall. 1 Based on Alameda County Assessor s information. File: G:\LANDUSE\Projects by Address\Grizzly Peak\1530\UP \Working\ ZAB RPT.docx

8 1530 GRIZZLY PEAK BLVD. ZONING ADJUSTMENTS BOARD Page 8 of 11 July 12, 2012 The exterior of the minimal modern house would be finished in stucco siding, painted white. Retaining walls would be reinforced concrete with steel pipe guardrails, painted black. Powder coated steel window frames would be proposed throughout, and the chimney would be made of sheet stainless steel. Usable Open Space and landscaping would be developed in the front yard and in a level rear yard area, partially supported behind retaining walls. The remainder of the rear yard would remain as it is today. An exterior stairway would step down the slope to connect the front and rear yards and the front and rear of the house. IV. Community Discussion A. Neighbor/Community Concerns: The project plans were reviewed by adjacent and confronting neighbors and no objections were expressed. Prior to submitting the application to the City, the applicant posted a pre-application poster at the site in April For the ZAB hearing, on July 12, 2012, the applicant constructed story poles at the site and the City mailed 40 public hearing notices to adjoining property owners and occupants, and to interested neighborhood organizations. No letters or comments have been received to date. B. Committee Review: None required V. Issues and Analysis A. Retaining Walls: An exterior stairway would step down the slope to connect the front and rear yards and the front and rear of the house. In order to construct those stairs and allow adequate grading on this narrow lot, retaining walls in the side yards would need to exceed six feet in height. These walls/fences require an Administrative Use Permit, subject to the non-detriment finding. The retaining walls within the side yards of the proposed home are primarily below grade and serve to reduce the impacts of the structure on the hillside neighborhood while facilitating safe circulation. B. Views: The topography of the site provides views generally to the west and southwest, framed by a fairly dense tree canopy. Grizzly Peak Boulevard and Summit Drive run generally perpendicular to the view shed, and the lots are situated so that homes on upslope lots will be able to have views over the homes on downward sloping lots and homes on adjoining lots will have minimal interference with each other s views toward the Bay. The home is set such that the roof height will be at least ten feet below the elevation of Grizzly Peak Boulevard above, while the lower levels, deck and graded open space would be located downhill in relation to the home. C. Shadows: The project architect has prepared shadow studies of the project to ascertain potential shading impacts on the adjacent property at 1545 Summit Drive. The shadow studies show increases in the length of existing shading from the site to the

9 ZONING ADJUSTMENTS BOARD 1530 GRIZZLY PEAK BLVD. July 12, 2012 Page 9 of 11 northeast of the lot two hours before sunset in the winter (December 21). This shading would continue to affect two side windows while extending further to the east over the northern exposure of the adjacent home. The shadow studies show increases in shading to the southeast two hours before sunset in the summer (June 21). This shading would affect the garage and portions of the front yard of the adjacent home. These shadow impacts are typical of new development and are not unreasonable. D. Construction Related Effects: Construction of the project would involve the use of trucks and other heavy equipment., Demolition and removal of demolition debris would require a few days of noisy work at the beginning of the project; foundation construction and grading work would require intermittent use of trucks and excavators for the following 6 8 weeks, or more; and materials delivery would bring trucks to the site at intermittent times throughout the entire construction period. The City s Noise Ordinance recognizes that construction activity may generate shortterm noise levels that exceed the adopted noise standards and accordingly limits the hours of construction work and requires construction work to meet noise levels of 75 dba on weekdays and 60 dba on weekends and holidays, unless it is not technically and economically feasible to do so. The City imposes a standard condition of approval to reduce potential noise impacts during construction. Trucks accessing the site for the delivery of construction materials, equipment and for the removal of excess excavated soil material (estimated at 576 cubic yards) could potentially create adverse traffic and noise effects if trucks operate inappropriately or use inappropriate streets when coming to or leaving the site. To minimize these impacts, the City imposes a standard condition of approval that will require the applicant to secure the City Traffic Engineer s approval of a Traffic Management Plan for construction of the project. E. General and Area 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 project involves construction of a new home built to modern standards for seismic strength, energy conservation and livability. It would have a relatively low profile, an architectural style and a scale that would be compatible with nearby development in this residential hillside neighborhood. 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. File: G:\LANDUSE\Projects by Address\Grizzly Peak\1530\UP \Working\ ZAB RPT.docx

10 1530 GRIZZLY PEAK BLVD. ZONING ADJUSTMENTS BOARD Page 10 of 11 July 12, 2012 Staff Analysis: The proposed project would be consistent with applicable zoning standards and compatible with the scale and character of the surrounding neighborhood. 3. 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 proposed design features a low profile on the uphill, Summit Drive side. The design would step downhill towards the street, respecting the steep topography of the area. The project s architectural style would add variety to the relatively eclectic mix of architectural styles that characterize the neighborhood and has been developing more rapidly in the past decade or so. 4. Policy UD-32 Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: Solar access in this neighborhood is constrained by the heavy tree canopy and steep topography, and would not be significantly affected by the proposed project. It would have little detrimental shadow impact, as reviewed above. 5. 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 would increase the number of newly constructed housing units in Berkeley. 6. Policy EM-5 Green Buildings: Promote and encourage compliance with green building standards. (Also see Policies EM-8, EM-26, EM-35, EM-36, UD-6.); and Policy UD-33 Sustainable Design: Promote environmentally sensitive and sustainable design in new buildings. Staff Analysis: The project applicants have completed the Green Building consultation and submitted the Green Building Checklist.

11 ZONING ADJUSTMENTS BOARD 1530 GRIZZLY PEAK BLVD. July 12, 2012 Page 11 of 11 VI. Recommendation Because the project is consistent with the Zoning Ordinance and General Plan, and results in minimal impact on surrounding properties, Staff recommends that the Zoning Adjustments Board: Attachments: APPROVE Use Permit # to build a Single Family Residence pursuant to Section 23B , including construction of retaining walls in excess of six feet high, pursuant to Section 23D , subject to the attached Findings and Conditions (see Attachment 1). 1. Findings and Conditions 2. Project plans, received June 28, Notice of Public Hearing 4. Correspondence Received Staff Planner: Sally Zarnowitz snzarnowitz@cityofberkeley.info (510) File: G:\LANDUSE\Projects by Address\Grizzly Peak\1530\UP \Working\ ZAB RPT.docx