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 MARCH 31, 2015 2120 Berkeley Way UC Press Building Use Permit #ZP2015-0153 to renovate an existing three-story, 22,864- square-foot office building and construct a three-story, 19,260-square-foot office space addition, resulting in a 41,674-square-foot, six-story, approximately 72-foot tall building. Approximately 3,521 square feet of ground floor office space would be converted to retail space. I. Background A. Land Use Designations: General Plan: DT, Downtown Zoning: C-DMU (Downtown Mixed Use, Outer Core Sub-Area) B. Zoning Permits Required: Use Permit for construction of >10,000 sq. ft. gross floor area, under BMC Section 23E.68.050; Use Permit to allow a building over 60 feet but not more than 75 feet in the Outer Core area, under BMC Section 23E.68.070.A; Use Permit to modify the minimum 5-foot interior side and rear lot line setback where the building is between 21 and 75 feet in height, under 23E.68.070.C; Administrative Use Permit to allow architectural projections to exceed the height limit, under BMC Section 23E.04.020.C; and Use Permit to reduce required vehicle parking spaces, under BMC Section 23E.68.080.D. C. CEQA Determination: Categorically exempt pursuant to Section 15332 of the CEQA Guidelines ( In-Fill Development Projects ). D. Parties Involved: Applicant Berkeley Way, LLC, c/o Mark Rhodes, Rhodes Planning Group, 1611 Telegraph Avenue, Ste. 200, Oakland, CA 94612 Property Owner Berkeley Way, LLC., 1958 University Avenue, Berkeley, CA 94704 2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: zab@ci.berkeley.ca.us
March 31, 2016 Page 2 of 15 Figure 1: Vicinity Map Figure 2: Zoning Map
March 31, 2016 Page 3 of 15 Figure 3: Site and Ground Floor Plan
March 31, 2016 Page 4 of 15 Figure 4: Proposed Second and Third Floor Plans (floors are existing)
March 31, 2016 Page 5 of 15 Figure 5: Proposed Fourth through Sixth Floor Plans
March 31, 2016 Page 6 of 15 Table 1: Land Use Information Location Existing Use Zoning District Subject Property Surrounding Properties North South East West Office building UC Press Bldg. UC Parking Lot Approved site for new Tolman Hall (approx. eight-story 320K sq. ft.) Mixed-Commercial (Approved sixstory, 75-foot tall mixed-use building: Acheson Commons) Two commercial buildings (Proposed 12-story mixed use building) C-DMU (Outer Core Area) C-DMU (Outer Core-Area) General Plan Designation Downtown Downtown 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.) Creeks 1 Green Building Score Historic Resources Soil/Groundwater Contamination Streets and Open Space Improvement Plan (SOSIP) Applies to Project? Yes Yes No Yes No No Yes Explanation The proposed office space addition is required pay $1.25 per square foot of gross area devoted to office and retail/restaurant space. An Applicant may either: (1) create one unit of housing off-site within the City of Berkeley (with an average size of two bedrooms) affordable to households whose income is at or below 30% of the area median income ("Affordable Housing"); or (2) pay an equivalent In-Lieu Impact Fee ("Fee") $4.50 per gross new square foot. Project is not within 30 feet of the centerline of any creek. Project is required under C-DMU zoning to qualify for a minimum LEED Gold rating or equivalent. According to the Department of Parks and Recreation (DPR) 523 forms prepared for the site in November11, 2015, the existing three-story was constructed in 1919 and consists of reinforced concrete structure. According to the DPR form, the structure did not directly contribute to any significant historic events or trends and is not the work of a master architect or builder. Furthermore, there is no evidence to suggest that the site may yield important information about prehistory or history. With this consideration, the LPC concluded the property does not meet the historic designation criteria for the National, State, or local level of historic significance. The project site is not included on a list compiled pursuant to Section 65962.5 of the Government Code. The proposed office space addition is required pay $1.68 per square foot of gross area. 1 While BMC 17.08 defines creeks and requires a 30 foot setback from centerlines of such creeks for new construction, City of Berkeley policy screens parcels that have portions within 40 feet of mapped creek centerlines as potentially impacted by BMC 17.08 to reflect uncertainty in both mapped parcel boundaries and mapped creek locations used to implement this ordinance.
March 31, 2016 Page 7 of 15 Table 3: Project Chronology Date Action July 1, 2015 Application submitted September 9, 2015 Application deemed complete September 17, 2015 DRC conducts preliminary design review (continued to November 19 th ) November 19, 2015 DRC conducts preliminary design review (continued to December 17 th ) December 17, 2015 DRC conducts preliminary design review (forwarded favorable recommendation) March 17, 2016 ZAB Public hearing notices mailed/posted March 31, 2016 ZAB hearing Table 4: Development Standards Standard Existing Addition/ Proposed Permitted/ Required BMC Sections 23E.68.070-080 (Reduction) Total Lot Area (sq. ft.) 8,800 0 8,800 n/a Lot Coverage Footprint 7,634 0 7,790 n/a % 91 0 91 n/a Gross Floor Area (sq. ft.) 22,639 19,035 41,674 n/a Floor Area Ratio 2.57 2.13 4.70 n/a Average (ft.) 32-4 42-8 75 n/a Building Height Building Setbacks (ft.) (1) Maximum (ft.) 32-6 37-4 73-10 Maximum Architectural Projection 60 (40 min.) 75 (with Use Permit) - - 98 (With AUP) (2) Stories 3 3 6 n/a Front (Berkeley Way) Privately Owned Public Open Space (sq. ft.) Parking 0 0 0 Rear 0 0 0 Left Side 7-5 0 7-5 Right Side 0 0 0 0 234 and inlieu fee for 146 234 and inlieu fee for 146 0 min. - 5 max. (building height < 20 ) 0 min. (building height >21 - <75 ) 0 min. (building height < 20 ) 5 min. (building height >21 - <75 ) 0 min. (building height < 20 ) 5 min. (building height >21 - <75 ) 0 min. (building height < 20 ) 5 min. (building height >21 - <75 ) 1 per 50 sq. ft. (380 total min.) Automobile 0 0 In-lieu fee 27 min. for new floor area: 1.5 per 1K sq. ft. (3) Bicycle 0 28 28 10 min. for new commercial: 1:2K sq. ft. (1) All setbacks may be modified by a Use Permit (2) No such architectural element shall represent more than fifteen percent (15%) of the average floor area of all of the building s floors; and no tower or similar structure shall be used as habitable space or for any commercial purpose, other than that which may accommodate the mechanical needs of the building (BMC 23E.04.020.C) (3) Per BMC Section 23E.68.080.B.1, the addition up to 1,000 square feet of gross floor area is exempt from parking requirements; the remaining addition is subject to parking ratio of one and one half space per 1,000 square feet. II. Project Setting A. Neighborhood/Area Description: The project site is located on the south side of Berkeley Way midblock between Shattuck Avenue to the west and Walnut Street to
March 31, 2016 Page 8 of 15 the east, in the Outer Core sub area of the Downtown Mixed use (C-DMU) zoning district. The area is characterized by a mixture of commercial and mixed-use buildings and is currently a transition area between the more dense development of the Downtown Core to the south and the University to the east. The project site is in close proximity to BART, multiple AC Transit bus lines, and bicycle lanes and bicycle boulevards. Current conditions surrounding the site include: two two-story vacant brown-shingle residential buildings to the east; a single-story and a four-story commercial building to the southeast, a four-story, 54-foot tall residential building (Bachenheimer Building) to the south; and single-story commercial buildings to the southwest and west. North of the project site an eight-story 320,000 square foot UC building (future home of Tolman Hall) is currently under construction. In addition, it is important to note that a six-story, 75-foot tall mixed-use building (Acheson Commons) has been approved to the east and the south of the site and a 12-story, 120-foot tall building (L Argent Highrise) is proposed to the west. B. Site Conditions: The 10,228-square-foot lot is generally level, square in shape, and developed with a three-story, approximately 22,864-square-foot concrete office building. The building occupies almost the entire footprint of the mid-block parcel. According to the DPR 523 forms 2 prepared for the property, the three-story building was constructed in 1919-20 as a warehouse and storage facility. It was converted to office use in 1970s and used by the State of California Department of Public Health as a data processing center until 1981 when it was acquired by UC Berkeley and used as a publishing center for faculty until 2013. The building consists of a reinforced concrete structure with concrete exterior walls that have been painted over the years. The front elevation features a series of recessed openings that include large storefront window assemblies, which are setback from the front façade. There are stepped parapet roofs over the east and west corners that correspond to a slightly projecting bay at each end. The upper floors have window openings in all elevations. The building has a flat roof. III. Project Description The proposed project would renovate the existing three-story, 22,864-square-foot office building and would add three-stories (approximately 20,226 square-feet) of office space, resulting in a 41,899-square-foot, six-story approximately 72-foot tall building. The new building would have the following main components: Mix of general offices spaces and conference rooms (approximately 38,153 sq. ft.); Ground floor retail (approximately 3,521 sq. ft.) at the front of the building, facing Berkeley Way; 2 The State of California Department of Parks and Recreation Building, Structure, or Object Record also called a DPR 523B Form are series of forms used for recording and evaluating resources and for nominating properties as California Historical Landmarks, California Points of Historical Interest and to the California Register of Bistrica Resources.
March 31, 2016 Page 9 of 15 New ground level entry patio with public seating to create a publicly accessible privately owned public open space area (POPO) approximately 234 square feet; Expanded lobby with a double elevator, ADA compliant restrooms and a new stairway that creates room for the new lobby; Thirty covered bicycle parking spaces within the west setback; and The sixth level will feature a roof deck for building occupants and the building will be equipped with photovoltaic panels on the roof to maximize energy efficiency in the building. The proposed renovation retains the existing building structure but completely remodels the interior while preserving the façade on the first three floors and adding three new levels above, which would complement the style of the existing building and achieve symmetry with the existing building by creating a central entryway, prominent end bays and repetition of openings. The replacement of all existing windows and enlargement of some existing window openings would relate to the new window sizes and pattern in the top three floors. A recess at the ground floor would echo the recess at the top level and at the front façade. The proposed three floor addition would expand the existing legally nonconforming zero rear (south) and side (east) yard setbacks where a minimum of five feet is required. IV. Community Discussion A. Neighbor/Community Concerns: Prior to submitting this application to the city, the applicant invited interested neighborhood organizations as well as owners and occupants within 300 feet of the project to a project preview meeting. The meeting was held on June 30, 2015, and attended by two people. Later, a pre-application poster was erected by the applicant in June 2015. On March 17, 2016, the City mailed 654 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 not received any communications regarding the project. B. Design Review Committee: As stated in Table 3, an application for committee level design review for the proposed exterior alteration and addition was submitted on July 1, 2015. The Design Review Committee (DRC) held a preliminary review of the project on September 17, 2015 and November 19, 2015. The applicant responded to the recommendations and submitted revised drawings on December 3, 2015, which the DRC reviewed at its December 17, 2015 meeting. At the meeting, the DRC made a favorable recommendation to ZAB with direction for Final Design Review. V. Issues and Analysis A. Bulk/Massing: As discussed in Section II.A., above, the project site is currently surrounded by one- to four-story commercial and mixed-used buildings; six- to twelvestory buildings are approved or proposed on the surrounding lots. The proposed project would not be out of scale with the existing development pattern of the
March 31, 2016 Page 10 of 15 neighborhood and would be proportionate with the approved and pending applications on adjacent parcels as illustrated Figure 6 below. Figure 6: Proposed Massing Source: Devi Dutta Architecture, Inc., U.C. Press Building Addition and Renovation Project Plans (attachment 2, page 32) The project massing is designed to respect the mixed-use Bachenheimer Building to the south. It provides five foot setback on the rear property line in consideration to the residential windows on the north façade of the Bachenheimer Building, which are primarily associated with a circulation hallway. The proposed setback allows for adequate light and air. Further, the proposed addition incorporates architectural elements that help the building better relate to adjacent and nearby buildings while creating a storefront entrances at the ground level which would not only be consistent with the Downtown design guidelines but also be consistent with approved and pending projects on adjacent properties. The DRC reviewed the project for its interface with the Bachenheimer Building to the south and found no detriment. B. Non-Conforming Setback: As shown in Table 4, the existing building has legally nonconforming (zero) eastern side and rear yard setbacks. While the continuation of the legally non-confirming rear yard setback will be directly adjacent to windows on the north façade of the Bachenheimer Building at fourth floor, these windows are primarily associated with a circulation hallway and do not impact the privacy of tenants. There is only one unit in the north façade of the Bachenheimer Building (westernmost unit) that has its bedroom window facing north. However, the proposed building design protects this unit by recessing the building by 10 feet, where the Municipal Code requires five foot setback, to ensure adequate light and air for that unit. Further, the easternmost unit on this façade of the Bachenheimer Building has a kitchen window facing north towards the proposed project. However, the proposed project protects this opening by recessing window openings by two feet to ensure privacy of the residents. In addition, this unit has a number of window openings that provide adequate light and air.
March 31, 2016 Page 11 of 15 The proposed setback reductions are on the rear and eastern elevations, they are not on the front elevation of the building and as such staff does not anticipate the reduction in setbacks will effect the wind experience on the sidewalk. As described below, the three new floor addition occur on the north side of the rear lot line, and therefore will not unreasonably limit solar access to adjacent buildings. C. Sunlight/Shadows: The proposed increase in height would reduce sunlight on adjacent parcels, one of which contains residential units. As demonstrated in the attached plans (see Attachment 2), the proposed building would cast shadows on to the properties to the north at 2161 Berkeley Way (UC Building currently under construction) and to the south and east at 1922-30 Walnut Street (Acheson Commons) to varying degrees at different seasons. The most shading impacts would be on the building immediate to the east, which would experience shading on its eastern façade during the winter months during the evening hours. As the new shading will be limited to the evening hours of the summer months only, and below what is to be expected in the Berkeley downtown urbanized area. Shadow impacts are, therefore, found to be non-detrimental. D. Views/Privacy: As described above in Section V.B., the proposed addition abuts the Bachenheimer Building to the south. While the addition will be directly adjacent to windows on the north façade of the Bachenheimer Building, these windows are primarily associated with a circulation hallway. The westernmost unit on this façade of the Bachenheimer Building has its bedroom window facing north. However, the proposed building design protects this unit by recessing the window openings to protect its privacy. The easternmost unit on this façade of the Bachenheimer Building has a number of window openings on the hall way. The proposed addition respects the privacy of this unit by recess the window openings. The proposed project therefore creates the same circumstances for the upper levels of the Bachenheimer Building as currently exist at its lower levels, adjacent to the existing office building. This portion of the Bachenheimer Building s floor plan is shown below in Figure 7 plans to provide context. Figure 7: Proposed Massing in Relation to Bachenheimer Building
March 31, 2016 Page 12 of 15 Source: Devi Dutta Architecture, Inc., U.C. Press Building Addition and Renovation Project Plans (attachment 2, page 11) E. Parking/Traffic: The automobile parking ratio for new construction in the C-DMU zoning district is one and half spaces per 1,500 square feet of new gross floor area. (BMC 23E.68.080.B). Per BMC Section 23E.68.080.B.1, additions up to 1,000 square feet of gross floor area, or up to twenty-five percent (25%) of existing gross floor area, whichever is less, are exempt from the parking requirements for new floor area. Thus, of the 19,035 sq. ft. proposed new gross floor area, only 18,035 square feet of the new addition is subject to automobile parking requirements. Per the district standards, the project would be required to provide 27 off-street parking spaces (1.5/1,000 sq. ft.). Further, per BMC Section 23E.68.080.C, the proposed addition is required to provide one and one bicycle space per 2,000 square feet of new gross floor area. Therefore, the proposed addition is required to provide a minimum of 10 bicycle parking spaces. The applicant is proposing to pay an in-lieu fee for automobile parking spaces and provide 28 bicycle spaces at the western setback, 18 spaces in excess of requirements. As per BMC Section 23E.68.090.H, in order to approve a Use Permit to allow a reduction of required vehicle parking spaces (that may be reduced to zero), the ZAB must find that the applicant will pay an in-lieu fee to a fund established by the City that provides enhanced transit services. The applicant will be required to pay in-lieu fee in the amount of $585,000 to the City fund for enhanced transit services. The fund will assist the City in providing transit services. Providing no automobile parking would also be consistent with the District s strategies to reduce vehicle reliance and promote alternative modes of transportation, as well as meet some of the goals of the City s Climate Action Plan. In accordance with these policies, the project proposes installation bicycle storage for 28 bicycles spaces where only 10 spaces are required. In addition, the project site is in close proximity to BART, multiple AC Transit bus lines, and bicycle lanes and bicycle boulevards. The project site is in Downtown Berkeley, in proximity to goods, services, residents and employment; it is also one block from the University of California. F. Rooftop Projections: The project would include roof deck railing features that would extend no more than 42 inches above the roof and an enclosed mechanical room for the elevator and stair roof access that would extend no more than 16 feet above the 71 foot 9 inch building height. Per BMC Section 23E.04.020.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 fifteen percent (15%) 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 would not provide floor area and is thus not subject to the 15% or habitable space limit. The elevator room/stair access would only provide access to the roof and would not provide habitable space. The average floor area of all of the building s floors is 7,370 square feet, and 15% of this total is 1,106 square
March 31, 2016 Page 13 of 15 feet. The total area of the elevator room/stair access is roughly 501 square feet, which is less than the 15% maximum of 1,106 square feet. G. 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-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. 3. 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. 4. 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. 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. Staff Analysis: The proposed renovation and addition of three stories is consistent with the applicable zoning standards for the C-DMU zoning district. The design, including height, massing, materials, color, and detailing has been reviewed and recommended for approval by the City s Design Review Committee. 6. Policy UD-32 Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: While the project would increase the height of the existing building on the site, resulting in increased shading to adjacent buildings and public streets, the increased shading would not be detrimental to the public realm or adjacent residential units as discussed in the Issues and Analysis section above. 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.
March 31, 2016 Page 14 of 15 Staff Analysis: Pursuant to BMC Section 23E.68.085 and Policy LU-2.1 of the Downtown Area Plan (see below), the proposed building would attain a building performance rating equivalent to LEED Gold or higher as defined by the U.S. Green Building Council (USGBC). The project would include solar PV panels on the roof and energy-efficient LED lighting. H. Downtown Area Plan Consistency: The Downtown Area Plan, adopted in March 2012, also contains several policies applicable to the project, including the following: 1. Policy ES-2.1 Contributions Required of All Development: New buildings and substantial additions, regardless of height, shall provide public benefits, except as noted for historic rehabilitations and adaptive re-use of existing buildings. Staff Analysis: The project provides all public benefits required in the C-DMU zoning district, including LEED Gold rating or equivalent, on-site public open space, and in-lieu payment to enhance public transit services. 2. Policy LU-4.1 Transit Oriented Development: Encourage use of transit and help reduce regional greenhouse gas emissions, by allowing buildings of the highest appropriate intensity and height near BART and along the Shattuck and University Avenue transit corridors. Staff Analysis: Located near but not on University or Shattuck Avenues, the project helps encourage transit use and reduce greenhouse gas emissions from motor vehicles by constructing office spaces without parking in close proximity to transit, jobs, basic goods and services, and the UC campus. As discussed in Section V.D above, the project will pay in-lieu fee to the City fund for enhanced transit services. 3. Policy LU-4.2: Development Compatibility: Encourage compatible relationships between new and historic buildings, and reduce localized impacts from new buildings to acceptable levels. The size and placement of new buildings should: reduce street-level shadow, view, and wind impacts to acceptable levels; and maintain compatible relationships with historic resources (such as streetwall continuity in commercial areas). Staff Analysis: The proposed renovation and three-story addition is consistent with the applicable zoning standards for the C-DMU zoning district. The design, including height, massing, materials, color, and detailing has been reviewed and recommended for approval by the City s Design Review Committee. 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 #ZP2015-0153 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions (see Attachment 1).
March 31, 2016 Page 15 of 15 Attachments: 1. Findings and Conditions 2. Project Plans, March 22, 2016 3. Notice of Public Hearing Staff Planner: Immanuel Bereket, ibereket@ci.berkeley.ca.us, (510) 981-7425