2109 Martin Luther King, Jr. Way

Transcription

1 Z O N I N G A DJUSTMENTS B O A R D S t a f f R e p o r t FOR BOARD ACTION JULY 9, Martin Luther King, Jr. Way Use Permit # to establish a teen center and administrative offices for the YMCA, with a 3 rd -story addition to an existing 2-story office building (C-2, Central Commercial; AS) I. Application Basics A. Zoning Permits Required: Use Permit to establish a Community Center, under BMC Section 23E Administrative Use Permit to waive five required parking spaces, under BMC Section 23E B Administrative Use Permit to modify the site location and screening requirements for the reconfigured off-street parking spaces, under BMC Section 23E B Administrative Use Permit to vertically extend non-conforming front and west side yards, under BMC Section 23C B B. CEQA Determination: Categorically exempt pursuant to Sections 15301(e) ( Existing Facilities ) and ( In-Fill Development Projects ) of the CEQA Guidelines. C. Parties Involved: Applicant Noll and Tam Architects and Planners 729 Heinz Ave, #7 Berkeley, CA Property Owner Berkeley Young Men s Christian Association (PG&E) 2070 Allston Way, Suite 101, Berkeley, CA Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 2 of 18 July 9, 2009 Figure 1: Vicinity Map

3 ZONING ADJUSTMENTS BOARD 2109 MLK JR. WAY July 9, 2009 Page 3 of 18 Figure 2: Site/Ground Floor Plan

4 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 4 of 18 July 9, 2009 Table 1: Land Use Information Location Existing Use Zoning General Plan Designation District Subject Property Vacant office building (former PG&E payment processing center) C-2 Downtown Surrounding North Two-story office building C-2 Downtown Properties South Civic Center Park R-4 High Density Residential East Two-story, multiple-family residential C-2 Downtown West Public Safety Building, Alameda County Courthouse R-2 Medium Density Residential Table 2: Special Characteristics Characteristic Applies to Explanation Project? Alcohol Sales/Service N/A The proposed project does not include alcohol sales or service. Creeks N/A The project is not within a creek buffer zone. Density Bonus N/A The project does not include residential units or the request for a density bonus. Historic Resources Yes The subject building is not a designated landmark nor in the Civic Center Historic District Boundary. However, because the parcel abuts the Civic Center Historic District, the project was referred to the LPC for comment. Discussion of the LPC s review can be found below in Section IV.B. Inclusionary Housing N/A The project does not include residential units. Oak Trees N/A There are no protected oak trees on site. Seismic Hazards N/A The subject parcel is not within a designated landslide, earthquake fault rupture, or liquefaction zone. Soil/Groundwater Contamination TBD The subject parcel is located within a City designated Environmental Management Area. The Toxics Management Division will review the proposed project and plans during the building permit application stage to determine if special Green/ LEED Building Scorecard Yes requirements and/or conditions should apply. The project is aiming for a LEED Gold certification. In order to achieve LEED Gold Status, the project would have to meet at least 39 checkpoints of sustainability and green building. Currently, project includes 37 items that the applicant is intending to incorporate into the project and 25 items that they may incorporate into the project. See Attachment 4 for LEED checklist.

5 ZONING ADJUSTMENTS BOARD 2109 MLK JR. WAY July 9, 2009 Page 5 of 18 Table 3: Project Chronology Date May 7, 2009 May 21, 2009 June 4, 2009 June 5, 2009 June 18, 2009 June 25, 2009 July 9, 2009 August 4, 2009 Action Application submitted DRC preview LPC referral Application deemed complete DRC grants favorable recommendation Public hearing notices mailed/posted ZAB hearing PSA deadline Table 4: Development Standards Standard Existing Addition/ Proposed Permitted/ BMC Sections (Reduction) Total Required Lot Area (sq. ft.) 12, ,331 N/A Gross Floor Area (sq. ft.) 8,586 4,187 12,773 76,638 Floor Area Ratio Building Height Building Setbacks (ft.) Average (ft.) Stories Front * 15 Rear West Side East Side Lot Coverage (%) 47% -1 46% N/A Parking Automobile (13 for existing building 2, 5 for addition 3 ) Bicycle (4 for existing building, 2 for addition) 1. AUP requested under Section 23C B to extend existing non-conforming setbacks. 2. Existing parking lot also includes 4 substandard parallel parking spaces along the east side of the building. Because these spaces are not shown on the original plans and do not meet the City s parking design standards, they are presumed to be unauthorized and are therefore are not included in the table. The proposed parking supply of 10 spaces is lawfully non-conforming with the C-2 requirement of 13 spaces for the existing building. 3. Per Section 23E B.1, the first 1,000 square feet of the addition are exempt from the parking requirement. This lowers the parking requirement for the proposed addition from 6 spaces to Bicycle spaces to be provided on site, another spaces to be created within the public right of way following bicycle rack guidelines provided by Transportation Division.

6 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 6 of 18 July 9, 2009 II. Project Setting A. Neighborhood/Area Description: The subject property is located on the northeast corner of Martin Luther King (MLK) Jr. Way and Center Street, within the west subarea of the 1990 Downtown Plan. The site abuts the Civic Center Historic District which includes many designated landmarks and points of interest including: Civic Center Park, Old City Hall, the Alameda County Courthouse, the Veterans Building, the Public Safety Building, the Downtown Berkeley YMCA, the post office, and portions of Berkeley High School that front Allston Way. Uses in the area include residential, office, government buildings and city services, outdoor recreational space, and a homeless shelter. The area is well served by public transportation, including about 12 AC Transit lines, UC Berkeley campus shuttles, and the Downtown Berkeley BART station. Short-term metered parking is available on MLK, Addison and Center Streets, and the following public parking facilities are located within walking distance of the site: Promenade Garage (1900 block of Addison St.) approx. 535 feet (.10 miles) Center Street Garage approx. 800 feet (.15 miles) Allston-Center Garage approx. 1,000 feet (.19 miles) Golden Bear Center (1900 block of University) approx. 1,150 feet (.22 miles) A residential neighborhood is located west of MLK. On-street parking within that neighborhood is subject to the Residential Preferential Parking (RPP) program, which limits parking to two hours from 8 a.m. to 7 p.m., Monday through Friday, except for permit holders (generally local residents only). B. Site Conditions: The site is essentially flat and currently contains a two-story office building that was last used as a PG&E payment processing center and administrative offices. The building is located on the southwest portion of the lot with a 40-foot setback to the east boundary, and a 12-foot setback to the north boundary. The eastern portion of the site has a surface parking lot with 14 spaces, four of which are parallel spaces that were not shown on the original plans and do not meet minimum traffic engineering requirements, and are therefore presumed to be unauthorized. Based on the current configuration of the parking spaces, vehicles must enter the lot from Martin Luther King Jr. Way and exit on Center Street. There is light vegetative screening along the south edge of the parking lot, adjacent to Center Street, and a large tree along the eastern boundary, toward the rear. III. Project Description A. Teen Center Operations:

7 ZONING ADJUSTMENTS BOARD 2109 MLK JR. WAY July 9, 2009 Page 7 of 18 The project would change the use of the building to a teen center and administrative offices for the Berkeley-Albany YMCA, currently located at 2070 Allston Way. According to the applicant statement (see Attachment 9), the teen center would focus on three key program areas: academic achievement, youth leadership, and youth employment. In support of these goals, the center would provide tutoring, mentoring, and support in pursuing post-secondary education and finding internships, meaningful job opportunities and volunteer activities for teens within the larger community. The center would also provide meeting space for youth groups and programs such as Y-Scholars, Youth and Government, Model United Nations, and the Outsiders. The applicant intends to collaborate with other Berkeley-based youth service organizations such as the City of Berkeley and multiple non-profit and for-profit agencies. The first and second floors of the center would primarily be used for meeting space for the programs mentioned above and would include a computer lab, a small conference room and a few small offices for the center s administrative and support staff. The third floor of the center would house the YMCA s administrative offices and would include a roof deck on the south side facing Civic Center Park, which would be accessible to teens. The teen center would normally operate on Monday through Friday from 8 a.m. to 8 p.m., and Saturdays from 12 noon to 8 p.m. Peak hours would be 3:30 to 7:00 p.m. during the school year and 10:00 a.m. to 5:00 p.m. during the summer. During those times, there would be roughly 100 to 150 teens using the center. The center would have approximately 20 staff during normal business hours (8:00 a.m. to 6:00 p.m.) plus 10 part-time supervisory staff. In addition to its normal operations, the center would host one to three special evening events per month for up to 200 teens, which would conclude no later than 11 p.m. B. Building/Site Changes: The project includes an addition of 3,794 square feet on the third floor, and smaller additions totaling 393 square feet on the first and second floors. The third-floor addition would increase the height of the building to 39 feet, 4 inches. Solar panels would be located on the roof and would project about two feet above the building height (the panels are exempt from the height limit under Section 23E B). The applicant is committed to developing a LEED certified building that incorporates many green building features, such as solar panels, on-site recycling, natural ventilation, rainwater retention, pervious concrete, and drought resistant landscaping. A draft LEED checklist is provided in Attachment 4. The project also includes new paving and landscaping in the parking lot. The parking lot entry would be moved from MLK Jr. Way to Center Street, and the spaces would be repositioned accordingly. The four substandard parallel spaces along the east side of the building would be removed, leaving ten spaces which are lawfully nonconforming with the C-2 requirement of 13 spaces for the existing building. The

8 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 8 of 18 July 9, 2009 applicant has requested modification of the following site location and screening requirements from Section 23E (see Key Issues for further discussion): One parking space is partially located within 20 feet of Center Street. Proposed landscaping along the east side is less than 2 feet wide at all points, and less than 4 feet in average width. The gates and fences along Center Street and MLK Jr. Way are 6 feet in height, where the Zoning Ordinance allows up to 4 feet in height The applicant proposes to install approximately bicycle parking spaces on the east side of the building and approximately bicycle parking spaces within the public right of way on Center Street and MLK Jr. Way. In order to provide space for parents to pick up and drop off their teens, the applicant also proposes either a 5- or 10-minute short-term parking zone, or a 3-minute loading/unloading zone, on Center Street between 4 and 6 p.m., Monday through Friday. The bicycle parking and the short-term parking zone will be subject to the approval of the Transportation Division prior to issuance of a building permit (see Attachment 1, Condition 13). C. Parking Waiver: The applicant is requesting a waiver of the five parking spaces that would otherwise be required for the addition. The applicant currently provides eight to ten all-day parking spaces at no charge for administration and teen center staff at the nearby Allston-Center parking garage, about 1,000 feet east of the site, and would continue to do so after completion of the project. However, these spaces cannot be used to satisfy the C-2 parking requirement, based on Sections 23E B.2 and 23E A. 1 The applicant also offers reduced parking fees in the garage for YMCA members during limited hours, and intends to extend this to teens that choose to drive to the center. The applicant also offers employees the opportunity to deduct transit expenses from their paychecks prior to taxes, and would continue this practice after completion of the project. IV. Community Discussion A. Neighbor/Community Concerns: In accordance with application requirements, the applicant has posted proposed development signs along MLK and Center Street. Although not required, the applicant held a neighborhood meeting at the proposed site on June 24, 2009 to present the project and accept feedback. About 25 persons attended the meeting, 1 Section 23E B.2 states: Satisfaction of the off-street parking space requirement of this section shall not be accomplished through the use, lease or acquisition of existing parking facilities except as specifically allowed in Section 23E A for joint use parking. Joint use parking has not typically been applied to public parking facilities, and Section 23E A requires that the joint use parking spaces be located within 800 feet of the subject property, while the Allston-Center garage is about 1,000 feet away.

9 ZONING ADJUSTMENTS BOARD 2109 MLK JR. WAY July 9, 2009 Page 9 of 18 and were generally supportive of the project except for one person who expressed concerns about potential shadows on 2105 MLK (see below further discussion). Staff has received correspondence from the leasing agent of two office buildings to the north, 2105 MLK and 1900 Addison, and from the owner of a 20-unit apartment complex at 1912 Addison. The leasing agent is concerned that the proposed project will: 1) obstruct the views to the south from the third floor of 1900 Addison, 2) obstruct light to 2105 MLK and 1900 Addison, and 3) create more parking demand in the area, which will thereby make renting the spaces more difficult and create an economic loss at both properties. Similarly, the owner of 1912 Addison Street is concerned about impacts to light and views, as well as the potential impact on parking availability for the residents of his property (which has no off-street parking). See below under Key Issues for further discussion of these issues. B. Committee Review: Design Review Committee (DRC): On May 21, 2009, the DRC reviewed the project and made comments relating to the building form, massing, site plan, parking layout, signage, landscaping and open space. On June 18, the DRC considered revisions to the design and granted a favorable recommendation to the ZAB, subject to final DRC approval as specified in condition of approval 12. See Attachment 6 for DRC comments. Landmarks Preservation Commission (LPC): Because the subject property is adjacent to the Civic Center Historic District, staff referred the project to the LPC for comment, pursuant to a longstanding ZAB policy for the Downtown. On June 4, 2009, LPC members echoed many of the DRC s comments on May 21, and gave several suggestions as to how to make the proposed design of the building more compatible with the surrounding Civic Center area (see Attachment 7). The current plans include revisions intended to address the LPC s comments. V. Issues and Analysis A. Key Issues: 1. Compatibility with Civic Center District: The Downtown Plan, adopted in 1990, calls for a youth center in the Downtown and identifies the Civic Center/West Buffer subarea as an ideal location for the youth center 2. The Plan also states that the Civic Center should assume a more significant role in City life, and be used by greater numbers and diversity of people. The project would be consistent with these goals. 2 See 1990 Downtown Plan, pp and

10 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 10 of 18 July 9, 2009 As mentioned earlier in this report, the Civic Center area has a wide variety of building types and uses. The teen center would be compatible with these uses because the center would operate as a civic entity with the purpose of enriching the lives of young people through mentoring and positive activity. The proposed location would be highly visible and accessible to teens, many of which are Berkeley High School students, and it would also be in close proximity to other services and programs with which the center hopes to collaborate. 2. Shadows: See Attachment 3 for shadow studies. The addition of a third floor to the existing building would increase the lengths of shadows projected from the building, primarily toward the north, and these shadows would sometimes reach the office building at 2105 MLK, Jr. Way and the apartment building at 1907 Center Center. The site s distance to the apartment building at 1912 Addison Street, about 115 feet, is too great for the project to cast any significant shadows on that building. The increased shading on 2105 MLK, Jr. Way would not be unreasonable because the building is used for offices rather than dwellings, there is already substantial shading caused by vegetation and trees between the two buildings, and the project would preserve a substantial setback of 30 feet between the buildings, allowing adequate direct and indirect light to continue reaching the south-facing windows of 2105 MLK, Jr. Way. Generally, in higher-density areas and particularly in the Downtown, the City has allowed much more shading than in lower-density areas, and the project would be consistent with that approach. Increased shading on the apartment building to the east at 1907 Center Street would be limited to the first floor windows at the rear half, in the late afternoon and evening during the winter months. Given the generous setback of at least 40 feet between the two buildings, and the intensity of development that would otherwise be allowed on the subject property, the increased shading is not unreasonable. 3. Views: The proposed third story may obstruct views of downtown Oakland from the south-facing windows on the third floor of the office building at 1900 Addison Street. However, this would not constitute a detrimental impact warranting denial or modification of the project, because it is not reasonable to expect that such views can be preserved in a downtown area where relatively tall buildings are allowed and even encouraged Addison is about 100 feet from the proposed addition and has substantial views to the north and west. The apartment building at 1912 Addison Street is only two stories tall and does not have any significant views that would be obstructed by the addition. 4. Parking Waiver: As noted earlier, the applicant is removing four substandard parallel parking spaces from the existing parking lot and providing ten spaces, which are lawfully non-conforming with the C-2 requirement of 13 spaces for the existing building. In order to construct the proposed addition, the applicant

11 ZONING ADJUSTMENTS BOARD 2109 MLK JR. WAY July 9, 2009 Page 11 of 18 requests a waiver of five off-street parking spaces. The applicant has stated that it will provide eight to ten spaces off-site, and although these spaces cannot be used to satisfy the C-2 parking requirement based on Sections 23E B.2 and 23E A, they would otherwise meet the C-2 standard of 1,500 feet for off-site parking (Section 23E B.4). Per Section 23E B, the ZAB may approve the waiver if it finds that the waiver would not substantially reduce the availability of on-street parking in the vicinity of the use. For the sake of clarity, the following section discusses the parking demand from the office and the teen center separately. It should be noted that about 90 percent of the parking waiver (about 4.5 spaces) is associated with the office use, and only about ten percent (about 0.5 spaces) is associated with the teen center. This is because the C-2 parking requirement is based on floor area rather than use (except for residential and hotel uses), and only about ten percent of the new floor area will be devoted to the teen center. It should also be noted that although the C-2 District provides no specific parking requirement for the proposed use, the ZAB has the authority to require additional parking under Section 23E , based on parking demand. Even though the teen center contributes only a minor portion of the need for the parking waiver, the following discussion addresses how the required findings for the waiver apply to the teen center use as well as the office addition. Office Addition: Using assumptions from a parking demand study for another recent office building addition at 1908 Shattuck Avenue, staff estimates that the unmet parking demand from the office addition will be about two spaces rather than the 4.5 spaces required by the C-2 District. This reduction is based on the high level of transit service available, and the proposed on-site shower and bicycle parking. The following measures, which are provided for reference and not as suggested requirements, would further reduce employee parking demand: Provision of monthly transit subsidies for employees Charging employees for parking Participation in the Alameda County Guaranteed Ride Home program 3 Purchase of City Carshare memberships for employees who require vehicles during the day for work purposes (there are 5 City Carshare pods within one block of the site) Given the small remaining parking demand of about two spaces, and given that employees who drive cannot easily rely on short-term on-street parking, the parking waiver for the office addition would not substantially reduce availability of on-street parking in the vicinity. This demand is likely to be accommodated in the 3 This program provides free taxi rides or rental cars to allow employees who use public transportation to go home in emergencies (family illness, unscheduled overtime, missed carpool, etc.). The purpose is to encourage transit use by employees who are otherwise hesitant to use transit because of such emergencies. Further information is available at

12 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 12 of 18 July 9, 2009 applicant s off-site parking at the Allston-Center garage, although this parking cannot be required as a condition of approval. In the event that the applicant stops providing the off-site parking, employee parking spillover beyond the RPP zone would be very small due based on the small parking demand from the addition and the long distances to the nearest non-rpp streets. Staff has included the standard condition for projects with reduced parking that the project is ineligible for RPP permits (see Condition 29). Teen Center: While the teen center portion of the project requires a parking waiver of only 0.5 spaces, the following analysis looks at parking demand more broadly, with the understanding that the ZAB has the authority to require additional parking for any use under Section 23E In order to estimate the parking demand from the teen center with any accuracy, a survey of teens at the existing center would be necessary. The applicant has not conducted such a survey. For regular after-school events and programs, it is reasonable to assume that the project would not generate substantial new parking demand, since a majority of teens at the existing center attend Berkeley High School and Berkeley Technology Academy (B-Tech) 4, and many of these would simply walk, bike or skateboard to the site after school. In addition, many of the center s programs are geared toward youth from lower-income households who are generally less likely to have their own cars. The proposed bicycle parking would provide further incentive for teens to ride their bicycles to the site rather than driving. For summer programs and special evening events, parking demand, either from teens or their parents, would probably be higher since participants would be more likely to make a special trip to the center rather than coming after school. In addition, late evening events make it less likely that teens will be able to walk, bike or take public transit home. This increased demand could include both longterm demand from teens and part-time staff parking for several hours during events, and short-term demand from parents dropping off and picking up teens before and after events. The applicant s request for a short-term parking or loading/unloading zone on Center Street will help address short-term parking demand, both from regular teen center operations and special events, by reducing the need for parents to occupy designated parking spaces while picking up or dropping off teens. The Transportation Division has approved this parking zone in concept, but needs further time and information to make a final determination. In addition to Condition 13 requiring final Transportation Division approval of the parking zone, staff recommends that the applicant be required to consult with the Transportation Division approximately six months after occupancy to determine if the parking zone is working properly, and if any changes are necessary (see Condition 24). 4 B-Tech is Berkeley Unified School District s continuation high school, located at MLK Jr. Way and Ward Street, about 0.7 miles to the south. AC Transit line 15 provides easy transit access between the two campuses.

13 ZONING ADJUSTMENTS BOARD 2109 MLK JR. WAY July 9, 2009 Page 13 of 18 While the teen center may increase long-term parking demand during special events, staff does not believe any substantial detriment will result, because these events will be relatively infrequent (up to three per month), and because there is generally adequate public parking available in several nearby garages. In addition to the finding regarding availability of on-street parking, Section 23E B also requires one of findings 1 through 4, and either 5 or 6, below. This project satisfies findings 1, 2, 5 and 6: 1. The use is located one-third of a mile or less from a Bay Area Rapid Transit (BART) station, intercity rail station or rapid bus transit stops. Analysis: The project site is located about.25 miles from the Downtown BART station and satisfies this finding. In addition to BART, the site is located within easy walking distance of at least 12 different AC Transit bus lines that serve most of Berkeley, adjacent cities and San Francisco. 2. The use is located one-quarter of a mile or less from a publicly accessible parking facility, the use of which is not limited to a specific business or activity during the new use s peak parking demand. Analysis: The project site is located within one-quarter of a mile from the following public parking facilities and satisfies this finding: Promenade Garage (1900 block of Addison St.) approx. 535 feet (.10 miles) Center Street Garage approx. 800 feet (.15 miles) Allston-Center Garage approx. 1,000 feet (.19 miles) Golden Bear Center (1900 block of University) approx. 1,150 feet (.22 miles) As noted earlier, the applicant has stated that it will provide eight to ten spaces in the Allston-Center Garage. 3. A parking survey conducted under procedures set forth by the Planning Department finds that within 500 feet or less of the use, on the nonresidential street where the use is located, at least two times the number of spaces requested for reduction are available through on-street parking spaces for at least two of the four hours of the new use s peak parking demand. Analysis: This finding cannot be made at this time because the applicant has not conducted a parking survey. However, this finding is not required, since the project satisfies Findings 1 and 2.

14 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 14 of 18 July 9, The use includes one of the following neighborhood-serving uses: Retail Products Store(s), Food Service Establishments, and/or Personal/Household Service(s). These uses include, but are not limited to: Dry Cleaning and Laundry Agents, Drug Stores, Food Products Stores, Household Items Repair Shops, and/or Laundromats. Analysis: The project does not satisfy this finding, but the finding is not required, since the project satisfies Findings 1 and 2 above. 5. The parking requirement modification will meet the purposes of the district related to improvement and support for alternative transportation, pedestrian improvements and activity, or similar policies. Analysis: The project satisfies this finding. Section 23E D of the C- 2 District requires that a Transportation Services Fee (TSF) shall be paid per square foot of newly constructed gross floor area in an amount set by Council Resolution. The Council has not yet established the TSF. C-2 Purpose D pertains primarily to the TSF, but also to the proposed parking waiver, as follows: Purpose D.1: Maintain or increase transit use, ridesharing and bicycling to minimize parking needs and to keep critical intersections from severe overload. Purpose D.2: Provide for minimum parking needs that still will be present even with a high level of ridesharing and bike transit use in a manner that is in keeping with neighborhood preservation and sound traffic engineering practices. The parking waiver is consistent with purpose D.1 because the applicant minimizes parking demand and promotes transit and bicycle use through employee payroll deductions for transit, generous on-site bicycle parking, and a shower. The waiver is also consistent with purpose D.2 because the existing on-site parking, the off-site parking provided by the applicant at the Allston-Center garage, and the proposed short-term parking/loading area will satisfy the bulk of the project s remaining parking demand. 6. There are other factors, such as alternative transportation demand management strategies or policies in place, which will reduce the parking demand generated by the use. Analysis: The project would satisfy this finding based on the aforementioned payroll deductions for transit, bike parking, and shower. 5. Off-Street Parking Location and Screening: of the proposed reconfiguration of the existing surface parking lot is subject to the site location and screening

15 ZONING ADJUSTMENTS BOARD 2109 MLK JR. WAY July 9, 2009 Page 15 of 18 requirements of Section 23E Section 23E C allows the ZAB to modify any of these requirements if it finds that the parking requirement modification allows the continued use of an existing parking supply and that meeting the parking requirements is not financially feasible or practical. The requested modifications, with the applicant s rationale and staff s analysis, are as follows: One parking space is partially located within 20 feet of Center Street. Applicant Rationale: The existing parking is within 20 of the street frontage, and we are improving the situation by enlarging the existing landscape buffers on both sides of the drive aisle. However, if we were to enlarge them to 20, we would be required to reduce the amount of parking provided from 10 to 8 spaces, and we are already requesting a waiver to reduce parking. Staff Analysis: This modification satisfies the required finding. Proposed landscaping along the east side is less than 2 feet wide at all points, and less than 4 feet in average width. Applicant Rationale: The existing parking lot has almost no landscaping along the east side. We are improving this situation by adding landscaping at every point along that property edge, but arranged in triangles that reduce to almost nothing at one point within each parking stall. There is insufficient room for safe movement in and out of the spaces without this angled approach. We are also adding a planted screen at the east parking lot edge to improve privacy for the residential building next door. Staff Analysis: This modification satisfies the required finding. It would not be possible to widen the landscaping along the east side without reducing the number of parking spaces. The gates and fences along Center Street and MLK are 6 feet in height, where the Zoning Ordinance allows up to 4 feet in height. Applicant Rationale: It is not financially practical to modify the existing fence, and we would like to match it with the new gate for reasons of security. Staff Analysis: This modification satisfies the required finding. Given the limited funds available for this non-profit project, allowing re-use of the existing fence and gate rather than requiring a new one allows continued use of the existing parking supply.

16 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 16 of 18 July 9, Vertical Extension of Non-Conforming Yards: The proposed addition would vertically extend the existing non-conforming front and west side yards, but would not further encroach into the required yards or exceed the height limit for the district. Although these yards are required due to the presence of confronting residential districts (per Section 23E ), the site does not confront any residential uses. Furthermore, the addition increases the non-conformities by only one story, and provides an additional setback on the front. Based on these considerations, staff recommends approval of this request. 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 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 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. 3. 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. Staff Analysis: As discussed above in the project description and the special characteristics table, the applicant is committed to developing a LEED certified building that incorporates many aspects of green building and sustainable development. The proposed project meets the height and stories development standards for the district and is compatible with the mass and scale of surrounding buildings. The Civic Center area has an eclectic blend of uses, and city services and the teen center will be an added amenity to the area, especially given the proximity to the Berkeley High School. The DRC and LPC have given the project favorable recommendations. 4. Policy UD-32 Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: As described in the Key Issues Section above, the proposed addition of a third floor would have minimal shading impacts on surrounding buildings.

17 ZONING ADJUSTMENTS BOARD 2109 MLK JR. WAY July 9, 2009 Page 17 of 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: As discuss earlier in the report, the site enjoys a high level of transit service, and it is therefore an appropriate location for increased commercial density. 6. 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.) 7. Policy UD-33 Sustainable Design: Promote environmentally sensitive and sustainable design in new buildings. Staff Analysis: The YMCA and PG&E are committed to developing a LEED Certified building to house the Teen Center. As described in table 2, Special Characteristics, the applicant has submitted a LEED checklist, Attachment #4, which shows sustainable elements of design that they are planning on incorporating into the project. Downtown Plan Policy Analysis: The 1990 Downtown Plan also contains several policies applicable to the project, including the following: 1. Social/Cultural Policy 15 : Find a location for a youth center in the Civic Center area (pg. 47). 2. Land Use Policy 2.5 Civic Center/West Buffer: c) Find a location for a youth center in the Civic Center area (pg. 151). Staff Analysis: As discussed earlier in this report, the project is consistent with these policies. 3. Policy 3.2 Energy: Encourage the development of renewable resources and reduce the reliance on non-renewable resources in the downtown (pg. 54). Staff Analysis: See staff analysis for General Plan policies EM-5 and UD-33 above. 4. Policy 7 C 2.1 Land Use: Cluster intensive development activity in the central core area of the Downtown and locate transitional uses and moderately scaled buildings in buffer zones along the edge (pg. 148). Staff Analysis: With a proposed height of three stories and just under 40 feet in average height, the proposed building would be compatible with the height and bulk of surrounding buildings and would serve as an intermediate building form,

18 2109 MLK JR. WAY ZONING ADJUSTMENTS BOARD Page 18 of 18 July 9, 2009 larger than most buildings in the residential area to the west, but smaller and less massive than most non-residential buildings in the core of the Downtown area to the east. Both the DRC and LPC concluded that the height and bulk of the proposed addition would be appropriate. 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 # pursuant to Section 23B and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans, received June 8, Shadow Studies 4. Photos 5. LEED Checklist 6. Design Review Committee meeting summary 7. Landmarks Preservation Committee meeting summary 8. Notice of Public Hearing 9. Correspondence Received (includes applicant statement) Staff Planner: Aaron Sage, asage@ci.berkeley.ca.us, (510)