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 14, San Pablo Avenue U-Haul Building

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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 14, San Pablo Avenue U-Haul Building Use Permit #ZP to demolish an existing, unoccupied single-story, former U-Haul rental facility, and construct a new 60,428 square foot, fourstory, 48 foot tall mixed-use building containing a 96-unit Residential Care Facility with 3,465 square feet of combined ground floor commercial space for restaurant, flower shop, personal household and club/wellness center uses. The project would include grade level parking for 30 vehicles as well as 12 bicycle parking spaces. I. Background A. Land Use Designations: General Plan: Avenue Commercial (AC) Zoning: West Berkeley Commercial District (C-W) Node Designation: University and San Pablo (partial) B. Use Permits Required: Use Permit, under BMC Section 23C A, to demolish existing non-residential buildings; Use Permit, under BMC Section 23E A, to construct a mixed-use development over 20,000 square feet in the C-W District; Use Permit, under BMC Section 23E A, to allow a full service restaurant over 2,500 square feet in the C-W District; Use Permit, under BMC Section 23E B, for construction of over 5,000 square feet of new floor area in the C-W District; Use Permit, under BMC Section 23E G, to reduce required off-street parking spaces to 25% of what would otherwise be required; Use Permit, under BMC Section 23E H, to modify required off-street parking spaces; Administrative Use Permit, under BMC Section 23E C, to allow architectural elements to exceed the height limit in a commercial district; Administrate Use Permit, under BMC Section 23E A, to allow a carry-out or a quick-service restaurant (not drive-through) over 1,500 square feet with incidental beer and wine services; and, 1947 Center Street, Second Floor, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 December 14, 2017 Page 2 of 20 Administrate Use Permit, under BMC Section 23E C, to allow a use not as a permitted use but is compatible with the purposes of the C-W District at the ground floor (cafeteria and associated uses for the residents). C. CEQA Determination: Negative Declaration prepared pursuant to Article 6 of the CEQA Guidelines. See Section V.A below. rd/2100_san_pablo.aspx D. Parties Involved: Applicant/Property Owner: Ali Kia Shabahangi, Spirit Residential Group, LLC, 45 Ross Avenue, San Anselmo, CA E. Application Materials, Staff Reports and Correspondence are available on the Internet: rd/2100_san_pablo.aspx

3 R-1A R-3 C-W C-W R-2 R-3 December 14, 2017 Page 3 of 20 Figure 1: Vicinity Map

4 December 14, 2017 Page 4 of 20 Figure 2: Proposed Site and First Floor Plan 1 1 For scaled plans, see Attachment #2

5 December 14, 2017 Page 5 of 20 Figure 3: Proposed Elevations East Elevation (San Pablo Avenue) West Elevation South Elevation North Elevation (Addison Street) North Elevation South Elevation

6 December 14, 2017 Page 6 of 20 Table 1: Land Use Information Location Subject Property Surrounding Properties North South East West Existing Use U-Haul truck rental facility (currently vacant) Grocery store (Mi Tierra Foods); restaurants; single-family residential Retail plumbing fixture store; automobile services; karate studio U.S. Post Office; restaurant; retail household goods Single and Multifamily Residential; George Florence Park Zoning District C-W R-1A General Plan Designation Avenue Commercial Low Density Residential; Open Space Table 2: Special Characteristics Characteristic Affordable Child Care Fee for qualifying non-residential projects (Per Resolution 66,618-N.S.) Affordable Housing Fee for qualifying non-residential projects (Per Resolution 66,617-N.S.) Affordable Housing Mitigation Fee (AHMF) for rental housing projects (Per BMC ) Alcohol Sales/Service Applies to Project? No No No Yes Explanation Proposed project includes 3,369 square feet of commercial space, which is less than the 7,500 square feet requirement. Therefore, this project is not subject to these resolutions. As a Residential Care Facility for Elderly Persons operated under license from the California State Department of Social Services (SDSS), the project is exempt from Affordable Housing Mitigation Fee (AHMF) for rental housing projects. A use permit to allow the incidental service of beer and wine is requested. Creeks (BMC Section ) No No open creek or culvert exists within 40 ft. of the site. Green Building Score Housing Accountability Act (Gov t Code Section ) Yes No The applicant submitted a GreenPoint checklist for the project. The minimum required points are 50 out of a possible 404 points. The project checklist indicates a score of 173 points. As a Residential Care Facility for Elderly Persons operated under license from the California State Department of Social Services (SDSS), the proposed project is not a Housing Development Project 2 as defined by Government Code. Thus, the City need not make special findings if it chose to deny the project or approve with reduced density. 2 Per Government Code Section (H)(2) "Housing development project" means a use consisting of any of the following: (A) Residential units only; (B) Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses are limited to neighborhood commercial uses and to the first floor of buildings that are two or more stories. As used in this paragraph, "neighborhood commercial" means small-scale general or specialty stores that furnish goods and services primarily to residents of the neighborhood; and (C) Transitional housing or supportive housing.

7 December 14, 2017 Page 7 of 20 Table 2: Special Characteristics Characteristic Historic Resources Applies to Project? No Explanation The project site is not designated as a Landmark by the City and has not previously been surveyed individually for historical significance under local, state, or federal historic significance criteria. A historic resources evaluation of the property (Mark Hulbert, September 2015) concluded that the existing buildings do not meet the criteria for the California Register or a City of Berkeley Landmark. The demolition was referred to Preservation Committee (LPC) and LPC declined to initiate landmark proceedings. See Section IV.C for further discussion. Oak Trees No There are no oak trees on the property. Public Art on Private Projects (Per BMC Chapter 23C.23) Yes The applicant proposes to install a publicly accessible art on the premise. Rent Controlled Units No There are no rent controlled units on the property. Seismic Hazards Mapping Act (Liquefaction, Fault-rupture, Landslide) Soil/Groundwater Contamination Transit Services Yes Yes Yes The project site is located within an area susceptible to liquefaction as shown on the State Seismic Hazard Zones map. As part of the project application, the applicant submitted a geotechnical report, which determined that the soils encountered at or below the groundwater depth were clayey sands that could be susceptible to liquefaction during a major earthquake. The report identified the potential hazards of seismic shock and differential settlement, as is common for sites in the vicinity of the project. In addition, although expansive soils are present at the project site, the Geotechnical Investigation concluded that the use of standard engineering design and seismic safety techniques reduce the effects of the expansive soils to less than significant levels. Compliance with the mandatory building code structural specifications would result in result in a building that resists adverse effects related to expansive soils. The report included recommendations such as moisture conditioning the expansive soil and providing nonexpansive fill material Implementation, which are required by the California Building Code and also incorporated into conditions of approval. The project is listed on the Cortese list and is located within the City s Environmental Management Area. A Phase I Environmental Assessment was submitted as part of the application. The assessment revealed no evidence of any recognized environmental conditions in connection with the subject property. This topic was examined in the Initial Study and was found to have less than significant impacts. The project site is on the San Pablo Avenue transit corridor and is approximately 635 feet from the University Avenue transit corridor, which is served by AC Transit lines 51B, 800, FS and G. There are also bus stops within one block of the site that provide access to four different AC Transit bus routes (72, 72M, 72R and all-nighter 802).

8 December 14, 2017 Page 8 of 20 Table 3: Project Chronology Date Action February 16, 2016 March 29, 2016 April 18, 2016 May 16, 2016 June 28, 2016 July 14, 2016 July 21, 2016 July 28, 2016 August 25, 2016 August 26, 2016 September 8, 2016 October 20, 2016 December 15, 2016 June 19, 2017 June 24, 2017 July 17, 2017 July 17, 2017 August 9, 2017 August 24, 2017 September 21, 2017 October 10, 2017 October 12, 2017 October 19, 2017 November 13, 2017 November 16, 2017 November 30, 2017 December 14, 2017 Original mixed-use application submitted Determination of Incomplete Application Revised Application submitted with revisions to the base project information and calculations, an expanded Density Bonus Eligibility Statement, a clarification of modification requests, and updated project plans and applicant statement Determination of Incomplete Application Revised Application submitted with revisions to the base project and density bonus calculations, revised project design in square footages and bedrooms-per-unit, and a reduction of proposed parking and new parking garage design Application deemed complete Revised Applicant Statement and Plans submitted with revisions to modification requests and parking allocation Interdepartmental Roundtable Meeting The Zoning Adjustments Board (ZAB) Preview Hearing Notifications sent Revised Applicant Statement and Plans submitted with revisions to parking garage configuration, residential unit square footages, residential unit type distribution, density bonus calculations, and the elimination of 2 out of 4 live/work units, as well as small architectural modifications ZAB Preview Hearing DRC held a preview DRC conducted a Preliminary Design Review and made favorable recommendation to the ZAB. Revised Application Submitted for Residential Care Facility for the Elderly Determination of Incomplete Application Application resubmitted Application deemed complete ZAB Preview Hearing Notifications sent for revised project ZAB Preview Hearing for revised project DRC held a preview for revised project Notice of Intent for Initial Study-Negative Declaration mailed/recorded Start of Public Review Period for Initial Study-Negative Declaration DRC conducted a Preliminary Design Review and continued the item Close of Public Review Period for Initial Study-Negative Declaration DRC conducted a Preliminary Design Review and made favorable recommendation to the ZAB. ZAB Public hearing notices mailed/posted ZAB Hearing

9 December 14, 2017 Page 9 of 20 Table 4: Development Standards Standard BMC Sections 23E &.080 Existing Proposed Permitted/ Required Lot Area (sq. ft.) 26,670 26,670 n/a Commercial Gross Floor Area (sq. ft.) 2,640 Arts/Crafts: 681 Beauty Salon: 344 Flower Shop: 170 Restaurant: 1,535 Wellness center/club: 735 Total: 3,465 Residential Gross Floor Area (sq. ft.) 0 61,282 n/a Gross Floor Area (sq. ft.) 2,640 75,064 80,010 max. Floor Area Ratio max Dwelling Units Total 0 96 n/a Building Maximum unknown max. Height Stories max. Building Setbacks Usable Open Space Front (north) 0 0 n/a 0 min. (abutting Addison) Rear (south) min. Side (east) min. (abutting San Pablo) Side (west) to min. (abutting R-1) Interior Courtyard (ground level) Vehicle Parking: -RCFE -Restaurant (1,500 sq. ft.) -Commercial (1,825 sq. ft.) 0 2,929 sq. ft. Decks (2 nd 5 th floor) 0 3,47 sq. ft. Total 0 5,976 sq. ft. 38 (for former U-Haul) Bicycle Parking 0 30 shared spaces (20 double stacked and 10 surface parking) 12 (4 racks within the sidewalk and bike storage for at least 8 bikes) 40 sq. ft. x 92 total units = 3,680 sq. ft. 1 per 4 units a = 24 1 per 300 sq. ft. b = 5 1 per 500 sq. ft. b = 4 Total = 33 1 per 2,000 sq. ft. of commercial = 2 a The total number of automobile parking spaces required may be reduced to 25% of what would otherwise be required pursuant to BMC Section 23E G. b For any mixed use building (residential and commercial), the Board may issue a Use Permit to modify the off-street parking requirements pursuant to BMC Section 23E H. II. Project Setting A. Neighborhood/Area Description: The subject property is situated at the southwest corner of the intersection of San Pablo Avenue and Addison Street. The majority of the project site falls within a C-W Designated Node 3, As such, the ground-floor of 3 Per 23E C.3, this node is defined as University and San Pablo Node, to include all lots with frontage on San Pablo Avenue between Hearst Street and (on the east side of San Pablo Avenue) Cowper Street (and the continued centerline of

10 December 14, 2017 Page 10 of 20 buildings in designated nodes shall only be used for pedestrian oriented uses 4. Surrounding land uses are listed in Table 1 above. Surrounding building heights are typically one and two stories. B. Site Conditions: The subject property is roughly rectangular and contains two, vacant single-story commercial buildings. The balance of the site is paved. The most recent land use was a retail commercial truck rental facility (U-Haul). There were 38 designated parking spaces used for customer and equipment parking. C. Project History: A five-story apartment project was previously proposed for the site and was before the Design Review Committee on December 15, A favorable recommendation was made to the Zoning Adjustments Board at that time. The applicant then decided to redesign the project and new plans were resubmitted on June 19, The apartment use was removed from the project and replaced by the proposal for a Residential Care Facility. The revised project was before the Design Review Committee on November 16, 2017 and a favorable recommendation was made to the Zoning Adjustments Board. III. Project Description The project would demolish the existing two single-story commercial buildings, and construct a four-story Residential Care Facility for the Elderly ( RCFE ) with the following main components: 96 age-restricted RCFE units, including 67 studio apartments, 20 one-bedroom, and nine two-bedroom units; 3,465 square feet of ground floor commercial space designated for a flower shop (170 square feet), beauty salon (344 square feet), an arts & crafts studio (681 square feet), wellness center/club open to the public (735 square feet), and restaurant (1,535 square feet); Shared usable open space would include a 2,983 square-foot courtyard on the groundfloor, approximately 1,700 square feet of deck on the second floor, 1,050 square feet of deck on the third floor, and 666 square feet of deck on the fourth floor, for a total of 6,399 square feet of useable open space. The total open space, including setbacks and deck areas, is approximately 10,000 square feet. The project would include drought-tolerant landscaping in the courtyard and in planter boxes on the decks. Each floor would also include indoor recreational space and common dining rooms for social interaction and activities; Pedestrian entry for visitors and residents of the proposed building would be provided from the residential/commercial lobby located on San Pablo Avenue. The ground floor would include a residential lobby with elevator and stairway access to the upper floors. The commercial uses would be located on the ground floor, allowing pedestrian access via San Pablo Avenue; Cowper Street on the west side of San Pablo Avenue). Also including all lots on University Avenue between 9th Street and the eastern edge of the C-W District. 4 Allowed uses include retail sales, personal/household services, banks, food and alcohol service, lodging, entertainment and assembly uses, gasoline/automobile fuel stations, enclosed auto repair uses, new car dealers, enclosed used car dealers and required access to and lobbies serving upper-story uses.

11 December 14, 2017 Page 11 of 20 Dining and Activity rooms on the 2 nd and 3 rd floors, and an activity room on the 4 th floor; 30 parking spaces, 5 accessible from San Pablo Avenue at the southeast corner of the site at the intersection of San Pablo Avenue and Cowper Street; and, Provide services including assistance with activities of daily living, regular observation of physical, mental, emotional and social functioning; supervision; planned social activities; food service (three meals a day including special diets plus in between meal snacks); medication management; emergency call system in each room for immediate response 24 hours a day and arrangement for obtaining incidental medical and dental care. As an RCFE facility, it would be licensed and operated under the State of California Health & Safety Code, which triggers special construction requirements (steel/concrete construction as opposed to wood construction for rental housing) and would be subject to inspections by the Department of Social Services for compliance with care, safety and sanitary regulations. The licensing includes special requirements related to care and service requirements as well as the physical plant. IV. Community Discussion A. Neighbor/Community Concerns: Prior to submitting a revised application to the City, the applicant posted information regarding the revised project at the site. The applicant held a neighborhood meeting on May 9, Approximately 20 members of the public attended. After the revised application was submitted to the City, staff received comments in support of the revised project. On November 30, 2017, the City mailed 172 public hearing notices to property owners and occupants within a 300 foot radius, as well as to interested neighborhood organizations and posted the site in six locations (see Attachment 3 for the public hearing notice). The City received no correspondence to date. B. Landmarks Preservation Commission: The project involves demolition of two commercial buildings over 40 years in age. Pursuant to BMC Section 23C C, the application for a Use Permit to demolish the existing a non-residential building over 40 years old was brought before the Landmarks Preservation Commission (LPC) for review prior to consideration of the Use Permit. At the October 10, 2016, LPC meeting, the LPC took no action to initiate a Landmark or Structure of Merit designation. C. Design Review Committee: The Design Review Committee (DRC) previewed the previous project on October 20, 2016, and provided comments to the architect and applicant team. On December 15, 2016, the DRC completed design review of the previous project and forwarded the project to the Zoning Adjustments Board with a recommendation of approval on a vote. The revised project was previewed by the DRC at their meeting of September 21, 2017, and provided comments to the architect and the applicant team. At the October 5 As illustrated on the site plan Sheet A2.1 of Attachment #2, the plans shows 32 spaces. However, the two end stalls along the southern boundaries do not meet the City s parking dimensions and, thus, aren t counted as parking spaces.

12 December 14, 2017 Page 12 of 20 19, 2017 meeting, the DRC held and provided further comments to the architect and the applicant team. At the November 21, 2017, the DRC made a favorable recommendation to ZAB ( ) with the following conditions and recommendations: V. Key Issues Conditions: Southeast bay on San Pablo shall be brick to match corner bay and extend around the south corner to the nearest joint or a reasonable distance to be reviewed at FDR; Provide consistent drawings, renderings, landscape plans, and color palette for ZAB and at FDR; At FDR, show canopy details and security measures at recesses, as well as complete lighting, rooftop mechanical and exhaust information, irrigation, and garage door; Secure encroachments for canopies and green screen elements before FDR or present an alternate design; and, Final color and material board shall be reviewed at FDR and shall include all materials and colors, including the brick mortar and paving samples. Recommendations: Recommend as much glazing as possible in the interior corridor. Demonstrate maximum allowed at FDR; and, Look more closely at the neighborhood when finalizing the specific brick proposed. A. Environmental Review: Based on a review of regulatory databases, including listed hazardous materials release sites compiled pursuant to Government Code Section , the project site is listed as a Cleanup Program Site and Leaking Underground Storage Tanks (LUST) Cleanup Site. 6 Staff enlisted Rincon Consultants, Inc. (Rincon), an environmental consulting firm, to prepare an Initial Study to determine potential significant effects of the project. The Notice of Intent (NOI) to adopt a CEQA Negative Declaration was published on October 12, 2017 and was mailed to adjoining property owners and occupants, and to interested neighborhood organizations. In addition, the applicant filed the NOI with the County Clerk; and the Draft Initial Study and Negative Declaration (IS-ND) was submitted with the State Clearinghouse (SCH # ) for distribution to interested state and regional agencies, and was posted on the City s website. 7 The public comment period began on October 12, 2017 and closed on November 13, Following the release of the Initial Study and the NOI, the City received two comment letters: one from the California Department of Transportation (Caltrans) and one from the East Bay Municipal Utility District (EBMUD). Caltrans recommended additional project features and conditions of approval to encourage use of modes of transportation other than personal automobile, such as public transit, bicycle, shuttle 6 (accessed November 28, 2017) 7 _ZAB/Draft%20Initial%20Study%202100%20San%20Pablo%20Avenue.pdf

13 December 14, 2017 Page 13 of 20 services, etc. in response, recommendations have been incorporated into the City s standard condition of approval (Condition #65). EBMUD provided a letter stating their intent to serve the property upon compliance with the EBMUD s Regional Private Sewer Lateral Ordinance, which is a requirement of Condition #43. The Initial Study found that with incorporation of the City s standard conditions of approval, impacts on the environment from the proposed project were less than significant (see Attachment 5). A Final Negative Declaration and Response to Comments was issued on December 7, 2017 (see Attachments 6 and 7). B. Use Permit for the Demolition of the Existing Buildings: BMC Section 23C A allows the Zoning Adjustments Board (ZAB) to approve a Use Permit for demolition of the existing commercial structure only if the demolition will not be materially detrimental to the commercial needs and public interest of any affected neighborhood or the City, and makes one of the following findings that the demolition of the structure: (1) is required to allow a proposed new building or other proposed new Use; (2) will remove a building which is unusable for activities which are compatible with the purposes of the District in which it is located or which is infeasible to modify for such uses; (3) will remove a structure which represents an unabatable attractive nuisance to the public; or (4) is required for the furtherance of specific plans or projects sponsored by the City or other local district or authority. Because the demolition of the non-residential structure is required in order to allow construction of the proposed project, Staff believes the ZAB can make the finding to approve the proposed demolition under BMC Section 23C D. In addition, as discussed in Section IV.B above, the ZAB can also make the finding that the existing non-residential structures are not landmark buildings, and removal of non-landmark structures would allow a proposed new building or other proposed new use because it will allow a mixed-use project to be built. C. Height/Massing/Neighborhood Compatibility: Within Berkeley, the majority of San Pablo Avenue, including the subject site area, is developed with one- to three-story flat-roof buildings, interspersed with surface parking lots. The subject site abuts the Limited Two-Family Residential (R-1A) District directly to the west and the Multiple Family Residential (R-3) district to the northwest; an area characterized by smaller, one- to three-story single- and multi-family dwellings. The proposed four-story, 75,064 square-foot building would, therefore, be markedly greater in height and volume than surrounding development. More recent construction, however, contributes greater heights (four-and five-stories) along the length of the avenue, including the four- and five-story buildings located at 1800, 2577, 2700 and 3015 San Pablo Avenue. Additional entitled projects that have not yet been constructed, will further contribute to this more intense development pattern, and are located at 1201, 1500, 2720, 2747, 2748, and 3020 San Pablo Avenue. The project s proposed massing, therefore, is consistent with recent development and contributes to the continued evolution of the corridor. To activate the commercial node while simultaneously respecting the abutting residential district, the building is designed with zero setbacks along the west (San Pablo Avenue) and north (Addison Street) frontages; and proposes a tiered setback

14 December 14, 2017 Page 14 of 20 along the west property line abutting the residential district. The increased setbacks towards the western half of the lot further respects the siting of the abutting residences to the west. The result is a compatible juxtaposition of massing between the proposed project and the adjacent residentially zoned neighborhood. D. Non-commercial use in the Node: BMC Section 23E C permits any use not listed that is compatible with the purposes of the C-W District subject to securing an Administrative Use Permit. This application includes a request that the Board consider the 735 square-foot club/physical therapy room that is open to the public as well as the residents, a 3,165 square-foot cafeteria and approximately 1,500 square-foot of kitchen and storage area that support the cafeteria use, as uses deemed compatible. The proposed wellness center/physical therapy space would be designed with a storefront façade with pedestrian entrance from San Pablo Avenue and with 14-foot, 4-inch floor-to-ceiling height clearance to deliver flexible and desirable commercial space for variety of users. The new streetscape and façade along San Pablo Avenue, including the club/wellness center, would be constructed to further purpose of the Node designation and create an active urban streetscape. The storefront would be well-proportioned with generous windows and entryways that pique visual interest, and would be constructed with attractive and durable materials. Staff has added a condition of approval requiring the Club/Wellness center to be open to the public (Condition 66), which would further activate the ground floor by increasing the street activity. E. C-W Zoning District Designated Nodes: In order to approve a Use Permit for any structure or use in a Node area, the Board must make a special finding that the project supports the development of a strong retail commercial, pedestrian-oriented environment at the Node. As illustrated on Attachment #2, Sheet A2.1, the ground floor along San Pablo Avenue would consist of commercial and non-commercial uses. In Staff s view, the project would provide pedestrian-oriented uses within a new building with glass storefronts, pedestrian-scaled lighting along the sidewalk and r-ow improvements to include new sidewalks and street trees, and a restaurant use, personal household services and arts and crafts as well as a wellness center open to public. F. Parking Reduction: The C-W District requires 96 vehicle spaces for the 96 residential care units (at 1 vehicle space per unit); five spaces for the restaurant use (at 1 vehicle space per 300 square feet); and four spaces for the proposed beauty salon, flower shop, the arts and crafts and wellness center/club (at 1 vehicle space per 500 square feet), for a total of 105 parking spaces. The project, however, is proposing a total of 30 spaces, 20 of which will be double stacked parking spaces and 10 surface parking. Consistent with Section 23E G of the BMC, the applicant is requesting Use Permit approval to reduce off-street parking for the care facility units where the occupancy would be exclusively for persons over the age of 62 years by 75 percent (24 spaces instead of 96). Also, as allowed in BMC Section 23E H, the applicant is requesting a Use Permit to modify the off-street parking requirements for the commercial uses (to reduce parking requirements from nine to six spaces). The applicant s request for parking reduction is detailed in Table 5 below.

15 December 14, 2017 Page 15 of 20 Table 5: Parking Development Standards Standard BMC Section 23E Proposed Required Request Residential 24 spaces 1/unit = 96 spaces Restaurant Arts and Crafts Beauty Salon Flower Shop Wellness Center/Club Total 6 30 spaces a 1/300 sq. ft. = 5 spaces 1/500 sq. ft. = 4 spaces Total = 9 spaces 0.25/unit per 23E G = 24 spaces 6 spaces (waiver of 3 spaces) 24 residential and spaces commercial spaces (no waivers) (waiver of 75 spaces) Residential 0 n/a n/a Bicycle 1/2,000 sq. ft. = 2 Commercial 14 n/a spaces a As illustrated on Attachment #2, Sheet A2.1 (First Floor Plan), the plans depict 10 double stacked parking and 12 surface parking. However, the two end stalls along the southern boundary do not meet the City s minimum dimension for end stalls. Per City standards, end stalls shall be 9 wide and must be provided an additional 2 buffer zone. As part of the request for the required parking reduction, the applicant submitted a Transportation Impact Analysis (TIA), prepared by Fehr & Peers, which evaluated the proposed project s estimated parking demand. 8 The TIA, reviewed and approved by the City Traffic Engineer, estimates the parking demand using two sources: Estimates based on the Institute of Traffic Engineers (ITE) trip generation and on-site survey of the project area (within three blocks of the project area). ITE Estimates: The parking demand based on the ITE trip generation rate resulted in a parking demand of 36 spaces. With this calculation the project would have a shortfall of six spaces. Parking Survey: Fehr & Peers assessed on-street parking availability in the project area on multiple weekdays during November 2015, July 2016, and August 2016 at 12:00 PM, 2:00 PM, 6:30 PM, 9:00 PM, and 11:00 PM. The total parking supply in the study area is estimated at about 700 spaces and is generally unrestricted along the residential streets and metered along San Pablo and University Avenues. The blockby-block survey found that during the afternoon hours (12:00 p.m. to 6:00 p.m.), there are 227 spaces that are unoccupied and available. During the evening hours (6:00 p.m. to 11:00 p.m.), there are 254 spaces that are unoccupied and available. Therefore, although the project s parking demand is estimated to exceed off-street spaces provided by the project, on-ground surveys show that this shortfall could be accommodated by available on-street parking without any detriment to the neighborhood. As on-street parking occupancy was less than 67 percent during all studied times of day, and considering the additional two on-street spaces that would be added by the project on San Pablo Avenue and Addison Street due to removal of 8 _ZAB/Appendix%20E%20Transportation%20Impact%20Analysis.pdf

16 December 14, 2017 Page 16 of 20 existing curb cuts, lack of parking is not anticipated. Additional project features further mitigate the project s potential parking impact: 1. The project is proposing to exceed the two-space commercial requirement for bicycle parking by committing to provide four publicly accessible bicycle racks on the sidewalk, subject to review and approval of Public Works; 2. Although there is no residential bicycle parking requirement, the project includes eight bicycle secure storage facility for bicycles; 3. As required for projects requesting a parking waiver and as conditioned in the project approval, occupants of the building would not be eligible for Residential Parking Permits (RPP) thereby reducing the attractiveness for car ownership (Condition #65.I); 4. As recommended by the TIA, a condition of approval has been placed to limit most of the commercial parking spaces in the parking garage to two hours or less during business hours to ensure parking availability for project visitors and applicant shall designate parking lifts for project employees only. (COA #62.J); and, 5. As detailed in Table 4 above, there are extensive public transportation services available in the project area. The project site is on the San Pablo Avenue transit corridor and one block from the University Avenue transit corridor, which is served by AC Transit lines 51B, 800, FS and G. There are also bus stops within one block of the site that provide access to four different AC Transit bus routes along San Pablo Avenue (72, 72M, 72R and all-nighter 802). Because of the project s design as senior care facility where the residents are not expected to own or operate vehicles due to their physical conditions, given the abundance of bicycle parking, the ineligibility for RPPs, as well as the project s proximity to public transit, car ownership for residents of the project would be expected below a typical residential project and these factors would contribute to lessen the parking demand on the neighborhood s parking supply. The parking reduction would also encourage utilization of the nearby public transit services, thereby advancing sustainability goals of the City s Climate Action Plan. Thus, Staff believes that ZAB can make the findings necessary to issue Use Permits under BMC Section 23E G and H. G. Rooftop Projections: The project would include architectural features that would extend no more than two feet above the roof for the building parapet and an enclosed mechanical room for the elevator and stair roof access that would extend no more than eight feet above the 48 foot building height. Per BMC Section 23E C, mechanical penthouses, elevator equipment rooms, and cupolas, domes, turrets, and other architectural elements that exceed a District's height limit requires approval of an Administrative Use Permit. For the ZAB to approve the Administrative Use Permit, these features cannot provide floor area that would represent more than 15 percent of the average floor area of all of the building s floors, and cannot be used as habitable space or for any commercial purpose. The parapet will not provide floor area or habitable space and is thus not subject to the 15 percent limit. The north stair and three elevator projections will provide access to the roof to allow access for service and repair of roof equipment. The average floor area of all of the building s floors is 18,748 square feet, and 15

17 December 14, 2017 Page 17 of 20 percent of this total is 2,812 square feet. The total area of the enclosed mechanical room is roughly 301 square feet, which is less than the 15 percent maximum. Therefore, staff believes ZAB can make the findings necessary to issue an Administrative Use Permit under BMC Section 23E C. H. Sun/Shadows Impacts: The proposed four-story building would be the largest building in the immediate vicinity of the project site, and would cover more area and be taller than the existing buildings on this site, and thus new shadows would be cast. The abutting residential developments to the west (along Tenth Street) and to the north (along Addison Street) would experience new shading while the confronting commercial properties to the east (along San Pablo Avenue) would experience limited shading due to the proposed massing. To assess the shadows, the applicant submitted shadow studies for the project (see Sheet A6.1-3A of Attachment #2). Winter solstice: The two-story, four unit residential building to the northwest at 1035 Addison Street, and the two abutting two-story, four unit residential buildings at 1030 and 1036 Addison Street, would be shaded in the morning hours by the proposed project. The commercial building located at the northeast corner of Addison Street and San Pablo Avenue (2096 San Pablo Avenue) would experience new shading during morning and afternoon hours to various parts of the building. Summer solstice: The abutting residential properties to the east at 1030 and 1036 Addison Street and 2113 Tenth Street would experience new shading during morning hours and afternoon hours, reducing the natural light to living room and bedroom windows in each building. The confronting commercial properties to the east at 2121 and 2147 San Pablo Avenue would experience new shading during afternoon hours. Additionally, a residential property at 1114 Cowper Street would have its front yard shaded during afternoon hours, but no openings would be impacted. The moderate increase in shading on these nearby properties is consistent with what is to be expected in an urbanized area, and is therefore found to reasonably and generally non-detrimental. Staff recommends that the Board approve this project with a finding that the potential sunlight impacts are consistent with the urban in-fill context of this project where shadowing is likely to occur with any new construction due to the permitted building heights. I. General 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 proposed project is an infill development project that would add 96 residential care facility units and 3,325 square feet of commercial use in a location that is planned for mixed-use development. The project would replace an underutilized, auto-oriented commercial site and increase the population, bringing more activity to the street and sidewalk within this node.

18 December 14, 2017 Page 18 of 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. Staff Analysis: The project is consistent with the applicable zoning standards for the C-W Zoning District and would further goals of revitalizing West Berkeley by introducing new housing and commercial activities in the area. 3. Policy LU-27 Avenue Commercial Areas: Maintain and improve Avenue Commercial areas, such as University, San Pablo, Telegraph, and South Shattuck, as pedestrian-friendly, visually attractive areas of pedestrian scale and ensure that Avenue areas fully serve neighborhood needs as well as a broader spectrum of needs. Staff Analysis: As a four-story project fronting San Pablo Avenue, the project would realize the City s plans for redeveloping underutilized sites in a way that would increase the quality of the built-in environment and provide needed senior care facility and commercial opportunities along a major corridor that is well served by public transit. The increased population and new street level retail will all help to extend the attractiveness and vitality of the node area. 4. 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. Staff Analysis: The proposed building is taller than existing buildings in the surrounding area. However, the building height is consistent with four and five story buildings recently constructed at 1800, 2577, 2700 and 3015 San Pablo Avenue. In addition, the architectural style, as well as the materials and colors proposed for the building, are consistent with the character of existing buildings in the neighborhood. 5. Policy UD-17-Design Elements: In relating a new design to the surrounding area, the factors to consider should include height, massing, materials, color, and detailing or ornament. Staff Analysis: As described more fully in Key Issue V.C above, the project would reinforce the City s effort to redevelop underutilized sites in a way that would increase the quality of the built environment and provide new housing and commercial opportunities. DRC s positive recommendation regarding the design demonstrates that the project is compatible with the adjacent commercial and residential development. 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.

19 December 14, 2017 Page 19 of 20 Staff Analysis: The proposed project complies with the Development Standards for the C-W zone, with the exception of the parking. A parking reduction has been requested, and staff feels that this reduction can be supported under BMC Section 23E G. The architectural style, as well as the materials and colors proposed for the building, are consistent with the character of existing buildings in the neighborhood. 7. Policy UD-31 Views: Construction should avoid blocking significant views, especially ones toward the Bay, the hills, and significant landmarks such as the Campanile, Golden Gate Bridge, and Alcatraz Island. Whenever possible, new buildings should enhance a vista or punctuate or clarify the urban pattern. Staff Analysis: Due to the relatively flat slope of this neighborhood and its low elevation above sea level, the project would not obstruct or significantly reduce any prominent views of surrounding neighbors. Prominent views are generally considered to be views such as the East Bay Hills, Golden Gate or Bay Bridges, the Downtown San Francisco skyline, the bay, and Treasure Island. Although the project could further obstruct views of the East Bay Hills or Golden Gate or Bay Bridges from nearby two-story structures, such views are already partially obstructed and would not be substantially degraded. 8. Policy UD-32 Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: Because the project would cluster the four-story portions of the project along San Pablo Avenue, and the lower portions to the west, it is designed to minimize off-site shadow impacts. As discussed in Section V.H, above, the moderate increase in shading on these nearby properties is consistent with what is to be expected in an urbanized area. 9. 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.) 10. Policy UD-33 Sustainable Design: Promote environmentally sensitive and sustainable design in new buildings. Staff Analysis: The applicant has completed the Green Point Rated checklist in an effort to demonstrate the green building features that have been incorporated into the project. The proposed project would score 172 points, where the minimum score is 50 and the maximum score is 404 points. The project scored highest in the Indoor Air Quality/Health (47.5 points out of 69) and Community (22 points out of 46) categories. Staff believes that the proposed project encourages compliance with green building standards. J. West Berkeley Area Plan Consistency: The West Berkeley Area Plan, adopted in 1993, also contains several policies applicable to the project, including the following:

20 December 14, 2017 Page 20 of Urban Design Goal 1: Preserve and enhance the vital commercial corridors, particularly San Pablo and University Ave., with intensification and mixed-use development at key intersections or nodes. Staff Analysis: The proposed project would add a new multi-story mixed-use development along San Pablo Avenue replacing one-story commercial buildings and enhancing increased economic activity in the West Berkeley area, along San Pablo Avenue. 2. Urban Design Goal 3: Visually improve entry corridors into West Berkeley, so as to create a positive image as one enters Berkeley. Staff Analysis: The proposed project would replace the existing auto-oriented building and uses with a new mixed use, commercial/residential building with five stories along the San Pablo Avenue frontage, strengthening the streetwall of buildings along the corridor, as encouraged in Policy 3.2 of this Goal. The building would be placed along the front property line, as suggested in Policy 3.2, in order to strengthen the urban character of the street, and parking would screened from view. 3. Urban Design Goal 4: Development in locations where there is a juxtaposition of uses and building scales particularly where concentrations of residential uses are adjacent to more intense uses should be sensitive to the character of both the less intense and more intense uses. Staff Analysis: See Response V.C. above. 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 #ZP pursuant to Section 23B and subject to the attached Findings and Conditions (see Attachment #1). Attachments: 1. Findings and Conditions 2. Project Plans with shadow studies, dated December 1, Notice of Public Hearing, dated November 30, Design Review Summary, November 17, Draft Initial Study-Negative Declaration (IS-ND), available online 9 6. Final Initial Study-Negative Declaration, available online Response to Comments, memo dated December 7, 2017 Staff Planners: Immanuel Bereket, Associate Planner, ibereket@cityofberkeley.info, (510) _ZAB/Draft%20Initial%20Study%202100%20San%20Pablo%20Avenue.pdf 10 _ZAB/ _FINAL%20Negative%20Declaration_2100%20SPA.pdf