Office of the City Manager ACTION CALENDAR September 22, 2009

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1 Office of the City Manager ACTION CALENDAR September 22, 2009 To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Dan Marks, Director, Planning & Development Subject: ZAB Certification: 2109 Martin Luther King, Jr. Way RECOMMENDATION Conduct a public hearing and, upon conclusion, adopt a Resolution approving Use Permit No to establish a teen center and administrative offices for the Berkeley-Albany YMCA at 2109 Martin Luther King (MLK), Jr. Way. FISCAL IMPACTS OF RECOMMENDATION None. CURRENT SITUATION AND ITS EFFECTS On July 9, 2009, the Zoning Adjustments Board (ZAB) held a public hearing and approved the project by a vote of (Yes: Allen, Doran, Hahn, Matthews, Mikiten, Shumer, Williams; Absent: Alvarez-Cohen, Anthony). On July 13, staff issued the notice of the ZAB s decision. On July 23, the Council certified the ZAB s decision for review and set a public hearing for September 22. No appeals were received. BACKGROUND The subject property is located at the northeast corner of Center Street and Martin Luther King, Jr. Way, and is developed with a vacant two-story office building and surface parking lot. The project would change the use of the building to a teen center and administrative offices for the Berkeley-Albany YMCA. The teen center would be located on the first and second stories and would focus on three program areas: academic achievement, youth leadership, and youth employment. A new third story would house the administrative offices and provide a roof deck at the south end of the building. The project would increase the building s floor area from 8,586 to 12,773 square feet, and would require a waiver of five off-street parking spaces. Although no appeals were received, the owner of two office buildings immediately to the north, at 2105 MLK Jr. Way and 1900 Addison Street, expressed concern that the project would obstruct views from the third floor of 1900 Addison, obstruct light to both buildings, and create excessive parking demand in the area. In addition, the owner of an apartment building at 1912 Addison Street expressed similar concerns. The ZAB 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@cityofberkeley.info Website:

2 ZAB Certification: 2109 Martin Luther King, Jr. Way ACTION CALENDAR September 22, 2009 considered these concerns, and approved the project subject to the following related findings (see Attachment 1, Exhibit A for complete findings): The site s distance to the apartment building at 1912 Addison Street, about 115 feet, is too great for the project to cast any significant shadows on that building. Increased shading on the adjacent office building 2105 Martin Luther King, Jr. Way would not be unreasonable because the building is used for offices rather than dwellings, there is already substantial shading caused by vegetation and trees between the two buildings, and the project would preserve a substantial setback of 30 feet between the buildings, allowing adequate direct and indirect light to continue reaching the south-facing windows of the adjacent building. Generally, in higher-density areas and particularly in the Downtown, the City has allowed much more shading than in lower-density areas, and the project would be consistent with that approach. Increased shading on the apartment building to the east at 1907 Center Street would be limited to the first floor windows at the rear half, in the late afternoon and evening during the winter months. Given the generous setback of at least 40 feet between the two buildings, and the intensity of development that would otherwise be allowed on the subject property, the increased shading is not unreasonable. Although the proposed third story may obstruct views of downtown Oakland from the south-facing windows on the third floor of the office building at 1900 Addison Street, this would not constitute a detrimental impact warranting denial or modification of the project, because it is not reasonable to expect that such views can be preserved in a downtown area where relatively tall buildings are allowed and even encouraged. The apartment building at 1912 Addison Street is only two stories tall and does not have any significant views that would be obstructed by the addition. The requested reduction of five off-street parking spaces would not substantially reduce the availability of on-street parking in the vicinity of the use because the unmet parking demand from the office addition is estimated to be only about two spaces, based on the high level of transit service available, and the proposed onsite shower and bicycle parking. This amount is too small to have any substantial impact on parking availability. The teen center portion of the project would not generate substantial new parking demand, since a majority of teens at the existing center attend Berkeley High School and Berkeley Technology Academy (B-Tech), and many of these would simply walk, bike or skateboard to the site after school. Page 2

3 ZAB Certification: 2109 Martin Luther King, Jr. Way ACTION CALENDAR September 22, 2009 RATIONALE FOR RECOMMENDATION As discussed above, the ZAB considered objections related to shadows, views, and parking, and found that the project would not have detrimental effects in these areas. In addition, the project is seeking federal New Market Tax Credits, which require that the project receive its Use Permit by September 30. Staff therefore recommends that the Council approve the project. ALTERNATIVE ACTIONS CONSIDERED Pursuant to BMC Section 23B C, the Council may (1) continue the public hearing, (2) approve the project as proposed, (3) approve the project with modifications, or (4) deny the project. Action Deadline: Pursuant to BMC Section 23B F, if the disposition of the matter has not been determined within 30 days (not including Council recess) from the date the public hearing is closed by the Council, the decision of the Board shall be affirmed. CONTACT PERSONS Debra Sanderson, Land Use Planning Manager, Planning & Development Department, (510) Aaron Sage, AICP, Senior Planner, Planning & Development Department, (510) Attachments: 1: Resolution Exhibit A: Findings and Conditions Exhibit B: Project Plans received June 8, : ZAB Staff Report, dated July 9, : Index to Administrative Record 4: Administrative Record 5: Public Hearing Notice Page 3

4 RESOLUTION NO. ##,###-N.S. APPROVING USE PERMIT TO ESTABLISH A TEEN CENTER AND ADMINISTRATIVE OFFICES FOR THE BERKELEY-ALBANY YMCA AT 2109 MARTIN LUTHER KING, JR. WAY WHEREAS, on May 7, 2009, the Berkeley-Albany YMCA ( applicant ) filed application No for a Use Permit to establish a teen center and administrative offices at 2109 Martin Luther King, Jr. Way ( project ); and WHEREAS, on June 5, 2009, staff deemed the application complete; and WHEREAS, on June 18, 2009, the Design Review Committee gave the project a favorable recommendation to the Zoning Adjustments Board (ZAB); and WHEREAS, on June 25, 2009, staff mailed and posted a Notice of Public Hearing for the project in accordance with BMC Section 23B ; and WHEREAS, on July 9, 2009, the ZAB held a public hearing in accordance with BMC Section 23B and approved the project; and WHEREAS, on July 13, 2009, staff issued the notice of the ZAB s decision; and WHEREAS, on July 23, 2009, the Council certified the ZAB s decision for review and set a public hearing for September 22, 2009 to consider the decision; and WHEREAS, no appeals of the ZAB s decision were filed; and WHEREAS, on September 22, 2009, the Council considered the record of the proceedings before the ZAB, and the staff report and correspondence presented to the Council, and, in the opinion of this Council, the facts stated in, or ascertainable from this information, warrant approving the project. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby approves Use Permit No , and adopts the findings and conditions in Exhibit A and the project plans in Exhibit B. Exhibits A: Findings and Conditions B: Project Plans received June 8, 2009

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41 ZAB Certification: 2109 Martin Luther King Jr. Administrative Record Attachment 4 to this report, ZAB Certification: 2109 Martin Luther King Jr. Blvd. 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 (510) or from: The City of Berkeley, City Council s Web site

42 NOTICE OF PUBLIC HEARING-BERKELEY CITY COUNCIL CITY COUNCIL CHAMBERS, 2134 MARTIN LUTHER KING JR. WAY ZAB CERTIFICATION: 2109 MARTIN LUTHER KING JR. WAY Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, SEPTEMBER 22 AT 7:00 P.M. a public hearing will be conducted to consider the Zoning Adjustments Board s approval of Use Permit No to establish a teen center and administrative offices for the Berkeley-Albany YMCA at 2109 Martin Luther King (MLK), Jr. Way. For further information, please contact Aaron Sage, Land Use Planning Division, 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. Comments received no later than Monday, September 14, 2009, will be included in the Council agenda packets. Comments received thereafter will be submitted to Council as supplemental communications at the meeting. If the communication includes maps or photos or any other material not reproducible on a copy machine, fifteen copies should be provided to the City Clerk. For further information, call Deanna Despain, City Clerk, FAX: (510) TDD: (510) NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Berkley 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. Published 9/11 The Berkeley Voice C:\DOCUME~1\rmolina\LOCALS~1\Temp\~o4611.docx