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 NOVEMBER 8, 2018 59 The Plaza Drive Use Permit #ZP2018-0164 to alter an existing three-story, 6,520 square-foot, single-family dwelling by 1) expanding the existing attic space to create a bedroom; and 2) altering the roof line to enlarge the top floor of this dwelling by 284 square feet. I. Background A. Land Use Designations: General Plan: LDR Low Density Residential Zoning: R-1 Single-Family Residential District B. Zoning Permits Required: Use Permit with Public Hearing to allow an addition of a bedroom, under BMC Section 23D.16.050.A; Administrative Use Permit to construct a residential addition over 14 in average height, under BMC Section 23D.16.070.C; and Administrative Use Permit to construct a residential addition over 28 in average height, under BMC Section 23D.16.070.C. C. CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines ( Existing Facilities ). D. Parties Involved: Applicant Melissa Anderson, Fischer Architecture, 2984 San Pablo, Avenue, Berkeley Property Owner Clarence, LLC, 59 The Plaza Drive, Berkeley 1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: zab@ci.berkeley.ca.us
November 8, 2018 Page 2 of 10 Figure 1: Vicinity Map
November 8, 2018 Page 3 of 10 Figure 2: Site Plan
November 8, 2018 Page 4 of 10 Figure 3: Existing Attic Roof Plan (depicting habitable space within the attic)
November 8, 2018 Page 5 of 10 Figure 4: Proposed Attic Floor Plan
November 8, 2018 Page 6 of 10 Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation Subject Property R-1 North R-1 Surrounding South Single-Family Dwellings R-1 (H) Properties East R-1 (H) West R-1 Table 2: Special Characteristics Characteristic Housing Accountability Act (Gov t Code Section 65589.5) Applies to Project? No Explanation Low-Density Residential The proposed project is not a housing development project as defined by Government Code, thus this project is not applicable to the HAA. Creeks No The project site is not within a creek buffer zone. Coast Live Oak Trees (Per BMC Section 6.52.010) Historic Resources Seismic Hazards (SHMA) Table 3: Project Chronology Date Action August 14, 2018 September 10, 2018 October 25, 2018 November 8, 2018 No No No Table 4: Development Standards Standard BMC Sections 23D.16.070-080 Application submitted Application deemed complete Public hearing notices mailed/posted ZAB hearing There are no coast live oaks located within the subject property. The site is not a designated landmark or on the historical resources inventory. The project is not located within an area susceptible to landslides or liquefaction as shown on the State Seismic Hazard Zones map, nor is it located in the Earthquake Fault Rupture (Alquist-Priolo) Zone. Existing Proposed Total Permitted/ Required Lot Area (sq. ft.) 8,140 No change 5,000 min Gross Floor Area (sq. ft.) 6,520 6,804 Not regulated Dwelling Units Total 1 No change 1 max Bedrooms 6 7 4 max Average 30-7 No change 28 /35 max Building Height Maximum 35-0 No change 35 max Stories 3 No change 3 max Building Setbacks Front 20-2 No change 20 min Rear 28-8 No change 20 min Left Side 9-5 No change 4 min Right Side 21-1 No change 4 min Lot Coverage (%) 29.3 No change 40 max Usable Open Space (sq. ft.) 3,201 No change 400 min Parking Automobile 1 No change min
November 8, 2018 Page 7 of 10 II. Project Setting A. Neighborhood/Area Description: The project site is located on the corner of The Plaza Drive (along the front property line to the south) and Domingo Avenue (along the side property line to the east). This site is located in Single-Family Residential District (R-1), however, across the street to the south and to the east the district changes and becomes R-1H (Hillside Overlay District). This site is located within a typical low-density residential district consisting primarily of two- and three-story, single-family dwellings. B. Site Conditions: The site is rectangular in shape with a curve in the southeast corner due to the fact that it is a corner lot, and is generally flat. It is developed with a rectangular shaped three-story, 6,520 square foot single-family dwelling. Currently, a Building Permit (#B2018-01758) is being reviewed to convert the existing garage to a by-right Accessory Dwelling Unit. As detailed in Table 4, existing main building conforms to the R-1 District s required setbacks, maximum height, maximum lot coverage, useable open space, and required off-street parking. The existing dwelling currently has six rooms that qualify as a bedroom per Berkeley s definition of a bedroom (BMC Section 13.42.020.B). The existing dwelling has a finished basement with a recreation room, laundry room, mechanical room, and storage areas (none of these rooms count as a bedroom because). The first floor contains a large living room area, dining room, kitchen, closets, and storage room (the dining room and storage room meet the definition of a bedroom). The second floor contains five bedrooms, however, only four of the bedrooms meet the definition of a bedroom because one bedroom is only accessed by walking through another. The existing attic (third-story) currently contains approximately 400 square feet of habitable space but does not count as a bedroom because it does not meet the building code requirements for egress, light, and ventilation. III. Project Description The project would construct a residential addition to expand the third floor by expanding two existing dormers (would not be considered dormers because they would not be set back 3 from the exterior wall per Berkeley s definition of a dormer), and create a third dormer-like expansion of the third floor, which also would not be considered a dormer. The project would increase the third floor habitable space from 397 square feet to 681 square feet, which would include an open floor plan and a bathroom. The project would increase the number of bedrooms from six to seven.
November 8, 2018 Page 8 of 10 IV. Community Discussion A. Neighbor/Community Concerns: Prior to submitting this application to the City, the applicant erected a pre-application poster and contacted the surrounding owners and tenants to obtain signatures in July 2018. On October 25, 2018, the City mailed 108 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. Committee Review: This project is not subject to advisory committee review. V. Issues and Analysis A. Number of Bedrooms 1 : Pursuant to BMC Section 23D.16.050.A, the addition of any bedroom beyond the fifth bedroom on the parcel, requires the approval of a Use Permit. As mentioned in Section II.B, Staff has evaluated existing conditions on the property and determined that there is a total of six rooms that meet the definition of a bedroom on the parcel. The project would add a room on the third-story that meets the definition of a bedroom, thereby increasing the total number of bedrooms on the parcel from six to seven. The ZAB may approve a Use Permit for the addition of the seventh bedroom if the additional bedroom would not be considered detrimental to persons living or working in the neighborhood, or be detrimental to the adjacent properties, surrounding neighborhood and the general welfare of the City. The seven bedrooms within the existing single-family residence would be used by existing and future households residing at the premises and are not designed as, or intended for the use as a Group Living Accommodation. In addition, the neighborhood that the subject lot is located away from the UC Berkeley campus and is surrounded by two- and three-story single-family dwellings. Due to the new room s location on the top floor and access to it through the interior of the residence, it is unlikely to create a mini-dorm situation. The permitted and intended use of the one additional bedroom would, therefore, be compatible with the density standards of the R-1 District. Thus, the addition of one bedroom would not be detrimental to persons residing or working in the area or neighborhood and would not be detrimental or injurious to property and improvements of the adjacent properties. B. Findings for Use Permits: Pursuant to BMC Section 23D.16.090.B for the R-1 District, the Board may approve an application for a residential addition that exceeds the height standards (14 for an addition), if the proposed construction would not unreasonably obstruct sunlight, air or views. The project proposes a 284 square-foot 1 Per BMC Section 13.42.020.B, "Bedroom" means any Habitable Space in a Dwelling Unit or habitable Accessory Structure other than a kitchen or living room that is intended for or capable of being used for sleeping with a door that closes the room off from other common space such as living and kitchen areas that is at least 70 square feet in area, exclusive of closets and other appurtenant space, and meets Building Code standards for egress, light and ventilation. A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition will be considered a bedroom for the purposes of applying this requirement.
November 8, 2018 Page 9 of 10 third story addition which would expand the attic space, with dormer-like features, but would not increase the ridge height of 35. A dormer would not be subject to this AUP, but because the alterations to the roof create features that are not a dormer, this alteration is subject to the AUP for an addition over 14, and the average height of the building is now measured to include these features. Thus, the average height of the building would increase from 30-7 to 32-10.5 1. Sunlight/Shadows: As mentioned above, the dormer-like features would not increase the ridge height of the building. In addition, the dwelling to the north (70 Domingo Avenue), which would face the north part of the addition, is located over 50 from the subject dwelling. The dwelling located to the west (53 The Plaza Drive), which would face the west portion of the dwelling that contains no expansion of the roof, is located over 20 from the subject dwelling. The properties to the south and east are located across the street because the subject lot is a corner lot. Due to the significant distances from the surrounding neighbors and the fact that the addition will not increase the average height of the building, the addition would not cause significant sunlight and shadow impacts, and would not be detrimental to the surrounding properties. 2. Air: As mentioned above, there is substantial distance between the subject dwelling (and addition) to the surrounding dwellings, the dwelling exceeds all setback requirements. Therefore, the project would ensure adequate air between the subject parcel and adjacent properties and would not further reduce the existing lack of air between the subject building and the adjacent properties to the north and west. 3. Views: The proposal would not obstruct or reduce any significant views for the adjacent dwellings, because the addition would not increase the average height of the existing building, the subject lot is generally flat, and the surrounding parcels are developed with two- and three-story buildings which already obstruct any potentially significant views from the site (such as views of the San Francisco Bay or of the East Bay Hills). C. Privacy Impacts: The project would add no new windows on the west side of the existing dwelling and thus create no new privacy impacts to the western neighbor (53 The Plaza Drive). The project would add three small windows on the north side of the dwelling which would face the northern neighbor (70 Domingo Avenue), but due to the large distance between the dwellings there would be no new privacy impacts. The project would add three small windows on the east side and three small windows on the south side of the existing dwelling, however, these windows would face the street and would cause no new privacy impacts to the surrounding neighbors. 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
November 8, 2018 Page 10 of 10 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-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. 5. Policy UD-32 Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: As discussed above, the project would not substantially block views or create significant impacts on the privacy of adjacent neighbors. The proposed third story addition occurs within the existing footprint and does not increase the overall height of the existing building. The proposed third story addition would be compatible in use, scale, massing and design with a neighborhood characterized by one to three-story buildings reflecting a mix of architectural styles. 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 #ZP2018-0164 pursuant to Section 23B.32.030 and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans, received October 31, 2018 3. Notice of Public Hearing Staff Planner: Sydney Stephenson, sstephenson@cityofberkeley.info, (510) 981-7488