B. CEQA Determination: Categorically exempt pursuant to Section Class 1 of the CEQA Guidelines ( Existing Facilities ).

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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 SEPTEMBER 10, Solano Avenue Use Permit # to modify an existing building used as a dental clinic by adding additional floor area of approximately 251 sq. ft., a portion of which will extend into a non-conforming rear yard adjacent to an residential district, and to reduce the required parking for this addition from 1 space to zero spaces (C-SO, FC). I. Application Basics A. Zoning Permits Required: Use Permit under BMC Section 23E to construct new floor area in the Commercial Solano district. Administrative Use Permit under BMC Section 23C B to extend a portion of a building that encroaches into a non-conforming rear yard setback. Administrative Use Permit under BMC Section 23E to reduce the number of required parking spaces resulting from added floor area. B. CEQA Determination: Categorically exempt pursuant to Section Class 1 of the CEQA Guidelines ( Existing Facilities ). C. Parties Involved: Applicant Jeron Chamberlain Westridge Builders, Inc South Walnut Street, Suite 100 Loomis, CA Property Owner James E. Forbes & Thomas Adame 1653 Solano Avenue Berkeley, CA Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 1655 SOLANO AVENUE ZONING ADJUSTMENTS BOARD Page 2 of 10 September 10, 2009 Figure 1: Vicinity Map

3 ZONING ADJUSTMENTS BOARD 1655 SOLANO AVENUE September 10, 2009 Page 3 of 10 Figure 2: Site Plan

4 1655 SOLANO AVENUE ZONING ADJUSTMENTS BOARD Page 4 of 10 September 10, 2009 Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation Subject Property Dental Clinic C-SO Avenue Commercial Surrounding Properties North Single-family home R-1 Low Density Residential South Solano Avenue Not applicable. The south side of Solano west of this portion of the block is within the City of Albany East Multi-unit apartment C-SO Avenue Commercial bldg West Restaurant C-SO Avenue Commercial Table 2: Special Characteristics Characteristic Applies Explanation to Project? Creeks No Site is not within 30 feet of a creek Historic Resources No The clinic has been in operation for approximately 49 years; building originally was a residence Oak Trees No The two trees at the rear of the site are a Japanese Maple and an Evergreen Seismic Hazards No The additions are at ground level and do not alter the structure of the existing building Soil/Groundwater Contamination No The proposed addition and altered landscape area do not alter site runoff Green Building Score Yes Green Building consultation with City Building Inspector completed on August 4, 2009; potential green goals identified, however no score provided for this kind of project. Table 3: Project Chronology Date May 1, 2009 July 6, 2009 June 18, 2009 August 27, 2009 September 10, 2009 Action Application submitted Application deemed complete DRC hearing Public hearing notices mailed/posted ZAB hearing

5 ZONING ADJUSTMENTS BOARD 1655 SOLANO AVENUE September 10, 2009 Page 5 of 10 Table 4: Development Standards Standard Existing Addition/ Proposed Permitted/ BMC Sections 23E (Reduction) Total Required Lot Area (sq. ft.) 3, ,584 3,584 Gross Floor Area (sq. ft.) 2, ,425 No Requirement Floor Area Ratio Building Height Building Setbacks (ft.) Average (ft.) Maximum (ft.) Stories Front Rear Left Side Right Side Table 5: Parking Standards BMC 23E , 23E Existing Proposed Use Parking Rate (Space:Floor Area) Gross Floor Area (sq. ft.) Parking Existing /Required Use Parking Rate (Space:Floor Area) Gross Floor Area (sq. ft.) Parking Existing /Required Incremental Parking Required for New Floor Area Medical Practitioner 1:300 2,174 1 / 7 Medical Practitioner 1:300 2,425 1 / 8 1* *[The current provision of one (1) space for the existing floor area is lawfully non-conforming. Findings as discussed under Key Issues A.2, below suggest that the incremental requirement for one (1) additional space can be reduced to zero (0).] II. Project Setting A. Neighborhood/Area Description: The portion of Solano Avenue where the project site is located between Ensenada Avenue to the east and Tacoma to the west is less actively used by pedestrians than are other portions of the commercial corridor. On the north side of the block between Tacoma and Ensenada Avenues where the dental clinic is located there are several offices, including an eye-care clinic, a couple of small scale retail storefronts and five sit-down restaurants as well as two fast-food establishments. There also are two multi-unit apartment buildings, one of which is directly adjacent to the dental clinic. The clinic has been in the present location for almost fifty years and is a well-known

6 1655 SOLANO AVENUE ZONING ADJUSTMENTS BOARD Page 6 of 10 September 10, 2009 reference point for many in the neighborhood as well as from long time patients from the surrounding communities of Albany, Kensington, and El Cerrito. On-street parking, as is characteristic along most of Solano, is diagonal. The south side of the street, most of which is in the City of Albany, is less inviting to pedestrian traffic with several business set back from the street at the rear of an on-site parking lot. B. Site Conditions: The existing building is a one story structure with a vertical board exterior. The front elevation has ribbon windows at the top of wood panels within defined vertical sections. A continuous vertical metal awning shielding the windows extends from the top edge of the building to approximately the back edge of the sidewalk. Along the front sidewalk to the corner entry stair on the southeast corner, the building is set on a vertical field stone base. There is a narrow landscape setback between the base of the building and the back of the sidewalk that is planted with an Indian Hawthorne hedge which is maintained at a height of approximately three feet. The west facing edge of the building is directly adjacent to another building. A concrete driveway extends along the entire length of the east property line is used as tandem parking for medical staff. The driveway is adjacent to, and level with, the driveway to the adjacent apartment parking garage entry. A small portion of the existing building (approximately 85 square feet) extends into the required ten foot rear yard setback. In addition to a narrow, approximately fourfoot wide landscaped, ten foot setback at the northwest corner, there is a small courtyard and landscaped garden directly behind the building within the rear setback. The courtyard area contains bedding plants, a fountain and two mature, medium stature trees (an evergreen Mayten and a Japanese maple). An approximately eight-foot tall fence along the back property line separates the property from the adjacent, single-family home on Tacoma Avenue. The current property consists of two parcels that have been merged to accommodate the existing clinic building. Records for the site identify the two parcels as 1653 and 1655 Solano Avenue. The established mailing address for the clinic, which has been in operation for almost 50 years, is 1653 Solano. The sign on the front of the building uses the1653 address. However, the County parcel map and City Records for the property identify the parcel as 1655 Solano Avenue. III. Project Description The proposed additions to the building are intended to improve the overall layout and service amenities of the office for both patients and staff. An approximately 63 square foot addition in the center of the building where there is an existing light well allows two fully accessible restrooms without reducing floor area for required general office space. The approximately 188 square foot addition at the rear of the building creates a staff room and storage space. Currently there is no staff room and storage is inadequate. In

7 ZONING ADJUSTMENTS BOARD 1655 SOLANO AVENUE September 10, 2009 Page 7 of 10 addition, the project provides renovations that include access for patients with disabilities, façade improvements and new landscaping at the front and rear of the building. The extension into the rear yard setback places the back wall of the building parallel to and approximately four feet from the property line for an increased portion of the property width, requiring removal of the Japanese maple. Approximately one-half of the existing landscaped patio area will remain. The concept for the landscape plan includes either leaving the evergreen Mayten tree or replacing it with the relocated Japanese maple. An evergreen camellia espalier is proposed to cover a portion of the fence. At maturity, this planting is expected to reach ten to twelve feet in height, which is nearly equal to that of the existing trees. The new addition will have no windows on the rear wall and the total number of existing windows facing the residential property will be reduced by two. An existing evergreen vine in the left corner of the lot currently covers much of the existing rear façade and will be trained to cover that of the new addition. IV. Community Discussion A. Neighbor/Community Concerns: The owner residents of 1653 Tacoma Avenue, which is adjacent to the rear property line, expressed concern about the proposed removal of a large maple tree at the rear of the subject lot when they signed a copy of the project plans. Staff s discussion of this issue follows in Key Issues, below. B. Committee Review: At the meeting on June 18, 2009, the Design Review Committee Chairperson reviewed this proposal and determined that the applicant should complete Staff-level Design Review prior to issuance of any building permit for this project. See Condition #16, Attachment 1. V. Issues and Analysis A. Key Issue: 1. New commercial floor area in the Solano Commercial district. The proposed addition of approximately 251 square feet to the existing building is not found to be detrimental to the appearance or commercial character of Solano Avenue. The existing building is owned and operated by a dental practice that has been in this location for approximately fifty years and is a defining aspect of the business character of this portion of Solano Avenue. The proposed additions provide internal upgrades that allow a more efficient layout for the clinic facilities and an increase in amenities for patients and staff. The additions do not change the scale or massing of the street frontage and allow a modest increase in floor

8 1655 SOLANO AVENUE ZONING ADJUSTMENTS BOARD Page 8 of 10 September 10, 2009 area (approximately 11%). In addition, modest improvements are proposed for the front elevation that includes new landscaping for a planter strip and the provision at the front entry for full access by physically disabled persons. The project maintains the existing street character and upgrades the existing building to better serve an established clinical practice. The number of clinic staff and dentists is not being increased and the project does not generate additional traffic or parking demand. Nor does it change the current saturation of the district in terms of the number of comparable uses. 2. Parking Reduction with expansion of existing building in C-Districts: As permitted under Section 23E (Parking Requirements for Change of Use and Expansions of Buildings in C-Districts), the parking requirement for the addition of new floor area to an existing building is eligible for modification through an Administrative Use Permit subject to the findings in Section 23E The subject property is approved for its current use with a side yard driveway that provides one (1) on-site parking space. Under the current C-SO district standard for Medical Practitioner Offices, the parking requirement is one space per 300 sq. ft. of floor area (Section 23E ). By this standard, the existing building would require seven (7) parking spaces. The existing provision of one (1) space is a lawfully, non-conforming condition. The proposed addition increases the requirement to eight (8) spaces under the current standard for the Commercial Avenue District. The added floor area would require one (1) incremental on-site parking space. The tandem parking currently used on occasion by staff typically does not satisfy off-street parking unless approved by both the City Traffic Engineer and the Board under Section 23E The driveway is too narrow (7 feet 8 inches) to meet City standards and has a slope of approximately 10% to 16.6%. Findings can be made under Section 23E to reduce the requirement for an additional space resulting from the building expansion to zero (0), allowing the existing parking to remain legally non-conforming for the expanded building area (2,425 sq. ft.). To satisfy this section of the code the Board must find that at least one item in each of two groups of conditions apply as described under sub-sections B.1-3 and B.4-6. Within the first sub-group, the only applicable condition is #3 which requires a parking survey conducted under procedures set forth by the Planning Department to demonstrate that within 500 feet or less of the use on a non-residential street there are at least two times the number of on-street spaces as there are those requested for reduction. A parking inventory submitted August 19, 2009, shows that the total number of curbside parking spaces available within five hundred feet of the clinic for two (2) of the four (4) peak hours of its operation is between nine (9) and fourteen (14) spaces. Therefore, the applicant satisfies this requirement for a parking reduction. Within the second sub-group of criteria, the only applicable option is the use of alternative transportation demand management strategies such as a transit subsidy

9 ZONING ADJUSTMENTS BOARD 1655 SOLANO AVENUE September 10, 2009 Page 9 of 10 for employees or installation of support facilities for bicycle use such as providing approved bicycle racks. The clinic has agreed to provide both on-site bicycle racks for cyclists and transit subsidies for staff and employees that use public transportation. These conditions support Staff recommendation for approval of the requested reduction of the on-site parking requirement for the building expansion from one (1) to zero (0) spaces, as reported in Attachment 1, Item Extension of a substandard yard setback adjacent to a residential district. The proposed extension of the subject building within the existing, nonconforming rear yard setback is found to be non-detrimental because this expansion will not worsen the building-to-building separation or privacy conditions for the abutting residential neighbors. The rear yard of the adjacent residential property is at a slightly lower elevation which makes the height of the existing trees (approximately thirteen to fifteen feet) effective in blocking the visibility of the commercial building. Landscape planting in the remaining portion of the rear yard setback and the patio area for the commercial property can provide screening that will block the visibility of the building if carefully selected and maintained to provide sufficiently dense foliage and height. Design details for an effective landscape screening programs can be addressed during the Staff-level Design Review application process, subject to approval of this Use 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 ED-3 Local Business, Action D: Develop and implement planning and zoning mechanisms that promote community-serving diversity and that limit development of undesirable chain stores, formula businesses, and big-box developments without limiting the ability of local businesses to grow and expand. Staff Analysis: The project request to extend a non-conforming rear yard setback condition can be mitigated by landscape improvements, if properly designed. The proposed building improvements, which are relatively modest, allow a long established neighborhood located dental clinic to substantially improve conditions for their clients, staff and doctors. The clinic has operated in the same location for almost fifty years and is an integral part of the business character of Solano Avenue.

10 1655 SOLANO AVENUE ZONING ADJUSTMENTS BOARD Page 10 of 10 September 10, Policy ED-4 Neighborhood and Avenue Commercial Districts, Action A.1.: City efforts in neighborhood and avenue commercial zones should assist with the retention and development of existing businesses or attract new businesses that serve local neighborhood needs. Staff Analysis: As stated above in discussing the previous policy, a nonconforming condition that can be mitigated by proper design will benefit both a local business and the character of an important neighborhood commercial corridor. VI. Recommendation Because of the project s consistency with the Zoning Ordinance, and with 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 April 30, Applicant Statement 4. Notice of Public Hearing Staff Planner: Fatima Crane, Associate Planner. fcrane@ci.berkeley.ca.us, (510) Prepared by: Jay Claiborne, Consulting Planner. jclaib@lmi.net, (510)