1499 University Avenue

Transcription

1 Page 69 of 373 Z O N I N G A DJUSTMENTS B O A R D S u p p l e m e n t a l S t a f f R e p o r t 1499 University Avenue FOR BOARD ACTION JANUARY 11, 2018 Use Permit Modification #ZP to add a roof-top deck for the exclusive use of hotel guests to a previously approved 3-story, 16,738 square-foot, 39-room hotel. Per the applicant s request, staff recommends that the ZAB continue this hearing off calendar, prior to which staff will re-notice the public hearing in accordance with BMC Section 23B (Public Notice Requirements). Staff Planner: Lucy Sundelson, LSundelson@ci.berkeley.ca.us, (510) Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

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3 Z O N I N G 1499 University Avenue A DJUSTMENTS B O A R D S t a f f R e p o r t FOR BOARD ACTION MARCH 8, 2018 Use Permit Modification #ZP to add a roof-top deck above the third floor for the exclusive use of hotel guests to a previously approved 3- story, 16,738 square-foot, 39-room hotel. I. Background A. Land Use Designations: General Plan: AC Avenue Commercial Zoning: C-1 General Commercial B. Zoning Permits Required: Use Permit, under BMC Section 23B A to modify an approved Use Permit. C. CEQA Determination: Categorically exempt pursuant to Section of the CEQA Guidelines ( Existing Facilities ). D. Parties Involved: Applicant Jerry Mastora, 920 Grayson Street, Berkeley ATTACHMENT 5 - Admin Record Page 71 of 373 Property Owner Berkeley Hospitality, LLC, 109 Johns Street, Salinas 1947 Center Street, Second Floor, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

4 Page 72 of 373 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 2 of 12 Figure 1: Vicinity Map 08_ZAB_SR_1499University.docx

5 Page 73 of 373 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 3 of 12 Figure 2: Roof Plan North 08_ZAB_SR_1499University.docx

6 Page 74 of 373 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 4 of 12 Table 1: Land Use Information Location Existing Use Zoning District Subject Property Surrounding Properties North South East West Approved 3-story hotel under construction Multiple Family Residential One to two stories Parking Lot and Retail/office One to two stories Convenience Store and Parking Lot, Multiple Family Residential Two to four stories Multiple Family Residential, Retail One to two stories C-1, General Commercial, Avenue Mixed Use Overlay R-2A, Restricted Multiple-Family Residential C-1, General Commercial, Avenue Mixed Use Overlay General Plan Designation Avenue Commercial Medium Density Residential Avenue Commercial 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 Mitigations for rental housing projects (Per BMC ) Applies to Project? Yes Yes No Explanation This fee applies to projects with more than 7,500 square feet of new non-residential gross floor area. While the proposed modification does not meet this requirement, the approved project does and will thus be subject to the fee that was in place in 2010 when the original Use Permit was approved. This fee applies to projects with more than 7,500 square feet of new non-residential gross floor area. While the proposed modification does not meet this requirement, the approved project does and will thus be subject to the fee that was in place in 2010 when the original Use Permit was approved. The project does not propose more than 4 dwelling units, and thus, this fee does not apply. Alcohol Sales/Service No None proposed. Creeks No creek or culvert defined by BMC Chapter No (Per BMC Chapter 17.08) exists on or within 30 the site. Coast Live Oak Trees There are no Coast Live Oak trees on or abutting the No (Per BMC ) project site. Density Bonus No The applicant has not requested a density bonus. Green Building Score No The project does not involve a new dwelling unit. The Green Building Checklist is not required. Historic Resources No The site is currently undeveloped, and this site does not abut/confront any known historic resources. The project is a not housing development project Housing Accountability Act No because neither the original permit nor the requested (Per Gov t Code (j)) modification include dwellings units. Rent Controlled Units No There are no rent controlled units on the property. Residential Preferred Parking (RPP) Yes The residential neighborhoods to the southeast and 2 blocks to the north of the project site participate in the City s Residential Preferred Parking program. 08_ZAB_SR_1499University.docx

7 Page 75 of 373 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 5 of 12 Table 2: Special Characteristics Characteristic Seismic Hazards (SHMA) Soil/Groundwater Contamination Transit Applies to Project? No Yes Yes Explanation The project is not located within an area susceptible to liquefaction, fault-rupture, or landslide. The project site is listed on the Cortese List (an annually updated list of hazardous materials sites). Per of the CEQA Guidelines, a categorical exemption may not be used on sites listed on the Cortese List. However, the project proposes a modification at the roof and no excavation below the existing slab does not preclude the City from deeming the project exempt under of the CEQA Guidelines and project approval would be subject to Standard Conditions of Approval. AC Transit: FS & 800 Transbay and the 51B, 52, and 88 Locals serve the site. BART: The North Berkeley station is within ½ mile of the site. Table 3: Project Chronology Date Action December 9, 2010 Use Permit # approved to allow the construction of a 3-story hotel July 28, 2017 Application submitted August 24, 2017 Incomplete Letter #1 sent to applicant October 2, 2017 Resubmittal October 20, 2017 Incomplete Letter #2 sent to applicant October 28, 2017 Application deemed complete December 20, 2017 Public hearing notices mailed/posted December 21, 2017 DRC hearing January 4, 2018 Revised drawings submitted to address DRC conditions January 11, 2018 ZAB continued item at the request of the applicant February 7, 2018 Revised drawings submitted to address DRC conditions February 22, 2018 Public hearing notices mailed/posted March 8, 2018 ZAB hearing 08_ZAB_SR_1499University.docx

8 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 6 of 12 Table 4: Development Standards Standard BMC Sections 23E Approved Proposed Total Permitted/ Required Lot Area (sq. ft.) 10,725 No Change N/A Gross Floor Area (sq. ft.) 16,738 17,402 26,700 max Floor Area Ratio max Dwelling Units Total 0 No Change N/A max Maximum 36 No Change 36 max Building Height Architectural Projections N/A Stories 3 No Change 3 max Building Setbacks ATTACHMENT 5 - Admin Record Page 76 of 373 Front 2 No Change 2 min Rear 3 No Change 10 min Left Side 0 No Change 0 min Right Side 3 No Change 2 min Lot Coverage (%) 91 No Change N/A Pedestrian Oriented Open Space (% of lot area) 1.7 No Change 1 Parking Automobile 33 No Change 33 min Bicycle 8 No Change 8 min II. Project Setting A. Neighborhood/Area Description: The neighborhood contains a mixture of uses, as shown in Table 1. University Avenue is the City s main thoroughfare from Interstate 80 to Downtown and the UC Berkeley campus, and its lower scale of development reflects the Avenue s automobile orientation. The historic land uses, which were established to serve automobiles, include service stations, auto-repair garages, motels, and other low-rise development. The University Avenue Strategic Plan (UASP, 1996) was applied to this area of University Avenue to encourage higher density, pedestrianoriented development. The project site s block face contains multiple family dwellings, restaurants, personal services, and a motel. Most of the commercial structures are built to the property line, with pedestrian entrances abutting the University Avenue sidewalk, and intermittent driveways. Beyond adjacent sites, the neighborhood includes a gas station and convenience store (Chevron) to the southeast, another motel one block east on the south side of University Avenue, and multiple family residential buildings to the east. The northern property line of the subject property marks the edge of the R-2A zoning district, and the neighborhood to the north of the project contains one- and two-story residential buildings. B. Site Conditions: The project site is located on the northwest corner of the intersection of University Avenue and Sacramento Street, within the UASP Mixed Use Overlay. 1 BMC Section 23E F.4 requires this for all projects with at least 100 of frontage along University Avenue. The space for this project is provided along Sacramento Street. 08_ZAB_SR_1499University.docx

9 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 7 of 12 Until 2008, the site was developed with a service station (Union 76). The construction of the approved 3-story, 39-room hotel began in III. Project Description The applicant would modify Use Permit # , which allowed the construction of a 3-story hotel, to add a roof-top deck for hotel guests. The deck would be approximately 2,600 square feet in size and would be located at the southeastern corner of the building, along Sacramento Street and University Avenue. The deck would not occupy the whole footprint of the building, and would thus provide substantial setbacks from the north and west property lines. Per the applicant, the proposed location is intended to minimize privacy and shadow impacts on the northern and western abutting residential neighbors. The modification would also include two new bathrooms at the northern edge of the deck, new stair enclosures, an elevator tower, and an attached trellis located towards the center of the deck. The rest of the space, primarily at the southern half of the deck, would feature planters and outdoor furniture for the hotel guests. IV. Community Discussion ATTACHMENT 5 - Admin Record Page 77 of 373 A. Neighbor/Community Concerns: In September, 2017, the applicant consulted interested neighborhood organizations as well as owners and occupants within 300 feet of the project. The record of that consultation is included as Attachment 3. In addition, two pre-application posters were erected by the applicant in September, On December 20, 2017 and February 22, 2018, the City mailed 243 public hearing notices to property owners and occupants, and to interested neighborhood organizations and the City posted notices within the neighborhood in three locations. At the time of this writing, staff has received two pieces of correspondence, letters of objection from neighbors (see Attachment 5). Committee Review: The Design Review Committee reviewed the project at its December 21, 2017 meeting and forwarded a favorable recommendation to ZAB. The motion and specific direction for Final Design Review follow: Final Design Review Modification received a favorable recommendation to ZAB with the following conditions and recommendation. Design changes to be reviewed at ZAB: MOTION (Khan, Clarke) VOTE ( ) Edwards, Jenson - absent. Conditions: Push the roof deck area away from the north roof edge, or provide a comparable design modification, to ensure privacy to the northern neighbor s windows. Relocate restrooms further away from the north roof edge for reduced visibility. Enhance landscape design and provide a more creative space. Increase amount of planters and use them to create space. 08_ZAB_SR_1499University.docx

10 Page 78 of 373 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 8 of 12 Recommendations: Roof deck location in the southeast corner of the site appears appropriate, but deck area appears too large, at least as designed. Consider relocating the restrooms to the south side of the stairs. Trellis design doesn t fit in with the whole building design. Recommend flush frame detailing. Consider more substantial planters on the north and west edges. ZAB Issues: confirm conformance with required maximum sun angles; recommend condition that no other permanent vertical structures are included in this approval; recommend condition that the roof deck be used for hotel guests only. As the figures below depict, the applicant has provided revised plans intended to address the conditions and recommendations imposed by the DRC (see Attachment 5 for a summary of these changes). In response to direction from the DRC, the applicant shifted the northern edge of the deck south by approximately 15 and shifted the bathrooms south by approximately 3. The applicant has also proposed additional landscape and planters, a revised furniture plan on the deck to create more defined, smaller spaces for hotel guests, and new trees at the northern and western portions of the roof to add a privacy buffer between the deck and the abutting residential neighbors. Staff believes that the proposed changes successfully address the conditions and recommendations imposed by the DRC. Given concerns from the neighborhood, the DRC also asked that staff confirm that the project conforms with BMC Section 23E C.1.A, Solar Rear Yard Setback: Buildings on the north side of University Avenue shall not cast a shadow at noon more than 20 feet onto any lot in a residential zone as calculated when the sun is at a 29 degree angle above the horizon (winter solstice). The applicant writes that the previously approved plans included a sun angle mistakenly drawn at 30 degrees. The revised project plans correct this error. Staff has reviewed this issue and believes both the approved project and the proposed modification are in conformance (see Sheet A3.1.1A, Elevation 3). 08_ZAB_SR_1499University.docx

11 Page 79 of 373 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 9 of 12 Figure 3: Roof Plan Presented at DRC Figure 4: Roof Plan Revised to address DRC Conditions 08_ZAB_SR_1499University.docx

12 Page 80 of 373 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 10 of 12 V. Issues and Analysis A. Rooftop Projections: BMC Section 23E C allows building projections to exceed the maximum height limit subject to approval of an Administrative Use Permit. The applicant received an AUP for such projections as a part of the original Use Permit approval for the hotel. The proposed modification would increase the area and height of those projections. This modification would include new penthouse structures for stairwells and elevator mechanical equipment, as well as new enclosed bathrooms as architectural projections. These features are not considered habitable according to the Zoning Ordinance, and would not provide commercial uses. The projections were reviewed by the DRC for conformance with design guidelines. In addition, per 23E C, the combined total of the rooftop projections will be less than 15 percent of the average floor area of the building. 2 B. Compatibility with Neighborhood Scale and Character: In 2010, when the original Use Permit was approved, the ZAB determined that the building design would be compatible with the existing character and scale of the neighborhood because it would create higher density along the commercial and transit corridor at University Avenue and not be detrimental to the northern abutting lower-density residential neighborhood. Staff believes that, with the proposed modifications, the building will continue to be consistent with the scale of the surrounding neighborhood. The proposed roof deck is consistent with the scale and design of approved building because it occurs at the southeastern portion of the building, where most of the building mass also occurs. C. Privacy: During the Public Hearings for the original Use Permit, the ZAB recognized that several neighbors to the north had concerns regarding privacy and outdoor patio use. In response, the applicant revised the design to provide windows, instead of doors, at the outdoor terraces to prevent outdoor access for guests from the rooms on floors 2-4 that face north. Several members of the neighborhood also expressed concerns regarding privacy at the DRC meeting for the proposed modification. The DRC forwarded a favorable recommendation to the ZAB with additional conditions. As described above in section IV.B, the applicant has provided revised plans that meet the conditions. While the new rooftop deck would allow new outdoor access for guests, staff believes the proposed modification will not have a detrimental impact on the residential neighbors that abut the subject property at the north and west property lines. As noted above, the proposed deck occurs at the southeastern corner of the building. Guests who use the roof deck will have views along those commercial corridors as well as towards the northern landscaped terraces at the floors below. The roof deck will be separated from the residential buildings to the north by at least 60 and from the residential buildings to the west by at least square feet (area of projections) 5,669 square feet (average floor area) = 14.1%. 08_ZAB_SR_1499University.docx

13 Page 81 of 373 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 11 of 12 D. 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. 2. Policy LU-23 Transit-Oriented Development: Encourage and maintain zoning that allows greater commercial and residential density and reduced residential parking requirements in areas with above-average transit service such as Downtown Berkeley. Staff Analysis: The proposed modification would enhance an approved project that will develop an underutilized lot along commercial and transit corridors. 3. 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. 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. 5. 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. 6. Policy UD-32 Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: The proposed modification is architecturally sensitive to the approved building and the surrounding neighborhood, including the lower density residential neighborhood to the north. The proposed modification will not create an increase in shadows or unreasonable noise and privacy impacts on those residential neighbors. 7. 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.) 8. Policy UD-33 Sustainable Design: Promote environmentally sensitive and sustainable design in new buildings. Staff Analysis: The project would be constructed to comply with new green building standards that are required by the Building Code. E. Plan Consistency: The University Avenue Strategic Plan, adopted in 1996, also contains several policies applicable to the project, including the following: 08_ZAB_SR_1499University.docx

14 ZONING ADJUSTMENTS BOARD 1499 UNIVERSITY AVENUE March 8, 2018 Page 12 of Goal 2: Revitalize the University Avenue Corridor through appropriate economic development and housing; 2. Goal 3: Protect and improve neighborhood quality of life; and 3. Goal 5: Enhance University Avenue as a gateway to the City, a series of neighborhoods, and the downtown. Staff Analysis: The proposed project would improve commercial and pedestrian activity along University Avenue without unreasonable impacts on the abutting residential uses. 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 Modification #ZP pursuant to BMC Section 23B and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Revised Findings and Conditions 2. Project Plans, received February 7, Notice of Public Hearing 4. Record of Neighborhood Consultation 5. Applicant Summary of Response to DRC Conditions, received February 7, Correspondence Received Staff Planner: Lucy Sundelson, LSundelson@cityofberkeley.info, (510) ATTACHMENT 5 - Admin Record Page 82 of _ZAB_SR_1499University.docx

15 Page 83 of 373 Attachment 1 R evised Findings and Conditions MARCH 8, University Avenue Use Permit Modification #ZP to add a roof-top deck above the third floor for the exclusive use of hotel guests to a previously approved 3-story, 16,738 square-foot, 39-room hotel. PERMITS REQUIRED Use Permit, under BMC Section 23B A to modify an approved Use Permit. I. CEQA FINDINGS 1. The 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 ( Existing Facilities ). 2. 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 listed on the Cortese List (an annually updated list of hazardous materials sites). Per of the CEQA Guidelines, a categorical exemption may not be used on sites listed on the Cortese List. However, the project proposes a modification at the roof and no excavation below the existing slab does not preclude the City from deeming the project under of the CEQA Guidelines and project approval would be subject to Standard Conditions of Approval, and (f) the project would not affect any historical resource. II. FINDINGS FOR APPROVAL 1. As required by Section 23B A of the Zoning Ordinance, the project, under the circumstances of this particular case existing at the time at which the application is granted, would not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the 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 because: A. While the proposed modification would increase the area and height of rooftop projections, those projections meet the requirements in BMC Section 23E C, because the combined total of the projections will be less than 15 percent of the average floor area of the building, and they will not contain habitable space or commercial uses. B. The proposed modification will not alter the findings made to approve the original Use Permit. In 2010, when the original Use permit was approved, the ZAB determined that the building design would be compatible with the existing character and scale of the neighborhood because it would create higher density along the commercial and transit corridor at University Avenue and not be detrimental to the northern abutting lower-density residential neighborhood. With the proposed modifications, the building will continue to be consistent with the scale of the surrounding neighborhood. As revised, the proposed roof deck will be

16 Page 84 of UNIVERSITY AVENUE - USE PERMIT MODIFICATION #ZP FINDINGS & CONDITIONS March 8, 2018 Page 2 of 2 consistent with the scale and design of approved building because it occurs at the southeastern portion of the building, where most of the building mass also occurs. C. While the new rooftop deck would allow new outdoor access for guests, the proposed modification will not have detrimental privacy or noise impacts on the residential neighbors that abut the subject property at the north and west property lines primarily because of its proposed location. Guests who use the roof deck will have views along those commercial corridors as well as towards the northern landscaped terraces at the floors below. The roof deck will be separated from the residential buildings to the north by at least 60 and from the residential buildings to the west by at least 20. REVISED CONDITION OF APPROVAL The following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit: Prior to Issuance of Occupancy Permit or Final Inspection 31. Approved Project The project shall conform substantially to the site plan, elevations, and related exhibits dated December 9, 2010 and February 7, 2018 on file with the Planning Department. All other aspects of the plans and conditions of Use Permit # shall remain in full force and effect. 08_ZAB_ATT1_FC_1499 University.docx

17 Page 85 of 373 ATTACHMENT 2 ZAB Page 1 of 15 6 February University Avenue HOTEL Roof Top Deck Modifications: Response to DRC Recommendations and neighbor s concerns: SUMMARY 1. We eliminated the North side roof deck by limiting it to the North side of the stair. It is now about 27-feet back from the North edge of the roof to maintain privacy for the residents second-floor windows. 2. The toilets are now accessed through the lobby. We lowered its roof by 1-foot to reduce visibility from the North. 3. We added 4 trees to the North side roof to soften the view. We also added 3 trees to the West side roof deck to help define the edge of the West facing space. 4. The rooftop mechanical units are concealed by colored cement board enclosures. 5. We reorganized the planters and added landscape planters to create more defined and varied seating spaces for Hotel guests. 6. We redesigned the trellis on the south side. 7. We included the site survey to address concerns of proper elevations and to coordinate them with the sight and shadow lines. 8. We found the previously approved original sun angle was listed at 29-degrees but drawn at 30- degrees. We corrected the discrepancy and show both angles on drawing A The shadow at the winter solstice at 29-degrees extends feet on to the North property. 9. We had to lower the parapet height by 6-inches to keep the lowest sun angle under 20-feet. 10. The shadows cast by the roof top additions do not increase the shadow and is consistent with the original approved design. 11. The rooftop deck is intended to provide outdoor and social spaces for guests because of the relatively small First Floor Lobby. 920 GRAYSON STREET, BERKELEY, CA FEDERAL STREET, SAN FRANCISCO, CA

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