U S E P E R M I T. CITY OF BERKELEY ZONING ORDINANCE Berkeley Municipal Code Title 23 USE PERMIT # MODUP c/o The Austin Group LLC

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1 Planning and Development Department Land Use Planning U S E P E R M I T CITY OF BERKELEY ZONING ORDINANCE Berkeley Municipal Code Title 23 USE PERMIT # MODUP Property Address: Permittee Name: 2024 DURANT AVENUE DURANT BERKELEY PARTNERS LLC c/o The Austin Group LLC Use and/or Construction Permitted: to modify Use Permit # by permitting the conversion of an approximately 500 square foot workout room on the fifth floor to a one-bedroom dwelling unit for a total of 79 dwelling units. Use Permit Modification to modify an approved project, under BMC Section 23B.56 Use Permit for construction of a dwelling unit, under BMC Section 23E FINDINGS, CONDITIONS AND APPROVED PLANS ATTACHED The Use Permit herein described has been duly granted by the Zoning Adjustments Board and is in effect on April 17, 2014.

2 A t t a c h m e n t 1 F i n d i n g s a n d C o n d i t i o n s 2024 Durant/2025 Channing MARCH 27, 2014 MODUP to modify Use Permit # by permitting the conversion of an approximately 500 square foot workout room on the fifth floor to a one-bedroom dwelling unit for a total of 79 dwelling units. CEQA FINDINGS 1. The modified project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code 21000, et seq. and California Code of Regulations, 15000, et seq.) pursuant to Section of the CEQA Guidelines ( In-Fill Development Projects ). The modified project meets all of the requirements of this exemption, as follows: A. The project is consistent with the applicable General Plan designation and policies, and with the applicable zoning designation and regulations, with the exception of waivers/modifications and concessions pursuant to State density bonus law. B. The project occurs within the Berkeley city limits on a project site of no more than five acres, and is surrounded by urban uses. C. The parcels within the project site have already been developed with commercial/institutional uses, have been paved and have no value as habitat for endangered, rare or threatened species. D. The project would not result in any significant effects relating to traffic, noise, air quality or water quality. Regarding traffic, the project will not exceed significance criteria for any intersections or residential streets. The traffic engineer has reviewed the project s traffic study and concurs with its finding that there will be no significant traffic impacts. E. The site is already served by required utilities and public services, which will also adequately serve the project. Furthermore, none of the exceptions in CEQA Guidelines Section apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section , and (f) the project will not adversely affect any historical resources. It should also be noted that the project will be subject to all applicable mitigation measures of the Downtown Area Plan EIR.

3 FINDINGS AND CONDITIONS 2024 DURANT/2025 CHANNING Page 2 of 3 March 27, 2014 GENERAL NON-DETRIMENT FINDING 2. Pursuant to Berkeley Municipal Code Section 23B , the City finds that the proposed modification, under the circumstances of the particular case existing at the time at which the application is granted, will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area or neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City, for the following reasons: A. Because the proposed modification will have no impact on the building façade or massing, there will be no impacts to air, light, or privacy. B. Pursuant to Section 23E D, the modified project will provide ample Useable Open Space and project amenities for the 79 residences, including 8,167 square feet of Useable Open Space for the residents, which is 1,847 square feet more than required. Amenities include a roof-top deck, fire pit, fountain, reading and gathering areas, as well as an indoor lounge area with ribbon fireplace. There are myriad fitness options within the Downtown: Berkeley YMCA is a two block walk, 24 HR Fitness is a four block walk, and the University of California recreational center is a 10 minute walk. In addition, there are several smaller exercise studios in the immediate vicinity including yoga, CrossFit, and Zumba. C. The modified project exceeds the C-DMU parking requirement by eight spaces. Pursuant to Section 23E I, the project will make one space available to car sharing services such as City Carshare or Zipcar. In addition, residents will not be eligible for Residential Preferential Parking (RPP) permits, and the nearest non- RPP area is several blocks away. These factors will help reduce car ownership in the project and discourage use of on-street parking by residents who do not park on site. D. The modified project would provide seventy-nine housing units, which would help the City to meet its housing goals. E. The project helps encourage transit use and reduce greenhouse gas emissions from motor vehicles by constructing additional housing in close proximity to transit, jobs, basic goods and services, and the UC campus, and by providing car share spaces and transit benefits. OTHER REQUIRED FINDINGS 3. Pursuant to Berkeley Municipal Code Section 23E B, the City finds that the proposed modification is consistent with the purposes of the C-DMU District, because it is consistent with the goals and policies of the Downtown Area Plan as discussed in the project staff report dated March 27, File: G:\LANDUSE\Projects by Address\Durant\2024\MODUP \Document Finals\ ZAB\ _ZAB_Attachment 1_F&C_2024 Durant.docx

4 2024 DURANT/2025 CHANNING FINDINGS AND CONDITIONS March 27, 2014 Page 3 of 3 MODIFIED/ADDED CONDITIONS Pursuant to BMC Section 23B , the Zoning Adjustments Board modifies conditions 1 and 43 to Use Permit # as follows: 1. Conditions Shall be Printed on Plans The conditions of this Modification Use Permit (MODUP ) and Use Permit # shall be printed on the first sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title Use Permit Conditions. The second sheet may also be used if the first sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2 by 11 sheets are not acceptable. 43. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated March 1, 2013, with modifications dated January 24, File: G:\LANDUSE\Projects by Address\Durant\2024\MODUP \Document Finals\ ZAB\ _ZAB_Attachment 1_F&C_2024 Durant.docx

5 D U R A N T A V E N U E VICINITY MAP SHATTUCK AVENUE DURANT AVENUE CHANNING WAY MILVIA STREET Site PROJECT SUMMARY Level Gross Area One Bdrm Two Bdrm Three Bdrm Unit Count Open Space Basement 19,423 SF ( SF) ( SF) (980-1,130 SF) Ground Level 13,812 SF 3 units 7 units 3 units 13 units 2,110 SF (Ground Level) Second Level 15,000 SF 4 units 7 units 5 units 16 units Third Level 15,000 SF 4 units 7 units 5 units 16 units Fourth Level 15,000 SF 4 units 7 units 5 units 16 units Fifth Level/Roof 8,373 SF 3 units 4 units 2 units 9 units Sixth Level 8,373 SF 3 units 4 units 2 units 9 units Roof Level 6,057 SF 6,057 SF (Roof) Total Bldg Area 75,558 SF 21 Units 36 Units 22 Units 79 Units Basement and Roof not included Building Code Summary Construction Type (Table 601) Type IA, IIIA, VA - Fire Sprinklers Provided Occupancy Group (Sec 309) R-2 - Residential S2 - Basement Parking All units to be adaptable & accessible (Sec. 1128A) Maximum area of unprotected openings = 25% (Table 705.8) No parapet needed on exterior wall (Sec Exception 6) Planning Code Summary APN # & 19 Site Area 22,679 SF 3.33 FAR Lot Coverage = 65% Zoning C-DMU Buffer Sideyard setback 5' & 8' Frontyard setback 11' & 13' Channing portion = Durant portion = 8,167 SF provided 6,320 SF required (80 SF/unit) Parking Required 27 cars (3 units/car) Parking Provided 34 cars Two accessible stalls required One van accessible 4 electric charging stations 1 car share stall 40'0" (Top of roof) 60'0" (Top of roof) PROJECT TEAM Developer Bill Schrader The Austin Group LLC O&F C Civil Engineer Humann Company 1021 Brown Ave. Lafayette, CA P F Architect Johnson Lyman Architects Dave Johnson 1375 Locust St. #202 Walnut Creek, CA P F Landscape Arch Thomas Assoc. Rick Stover 1629 North Main Walnut Creek, CA P F SHEET INDEX A0 Cover Sheet A8 East Elevation P1 Channing View A9 South Elevation P2 Overall Site Context A10 West Elevation A1 Basement Level A11 Building Section A2 Ground Level PH1 Site Photos A3 Second Level C1 Boundary/Topo Survey A4 Fifth Level C2 Preliminary Grading Plan A5 Sixth Level C3 Stormwater Plan A6 Roof Level L1 Ground Landscape Plan L2 Roof Landscape Plans L3 Landscape Design Images A7 North Elevation A0 1/15/14

6 PLANS APPROVED by ZONING ADJUSTMENTS BOARD MARCH 27, 2014