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 AUGUST 14, 2008 2421 Ninth Street Use Permit 05-10000084 to construct a two-story 1,766 sq. ft., detached dwelling unit at the rear of a 6,500 sq. ft. lot with an existing single-family dwelling unit (R-1A, ES). I. Application Basics A. Zoning Permits Required: Use Permit to construct a dwelling unit, as required by BMC Section 23D.20.030 B. CEQA Determination: Categorically exempt pursuant to Section 15303(b) of the CEQA Guidelines ( New Construction or Conversion of Small Structures ) C. Parties Involved: Property Owner Fereydoon Shalileh, 2598 Sacramento Street, Berkeley CA 94702 Applicant Gregory VanMechelen, 1117 Virginia Street, Berkeley, CA 94702 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
2421 NINTH STREET ZONING ADJUSTMENTS BOARD Page 2 of 11 August 14, 2008 Figure 1: Vicinity Map
ZONING ADJUSTMENTS BOARD 2421 NINTH STREET August 14, 2008 Page 3 of 11 Figure 2: Site Plan
2421 NINTH STREET ZONING ADJUSTMENTS BOARD Page 4 of 11 August 14, 2008 Table 1: Land Use Information Location Existing Use Zoning District Subject Property Single family home R-1A Surrounding Properties North Single-family residence R-1A South Single-family residence R-1A East Single-family residence R-1A West Single-family residences R-1A General Plan Designation Low Medium Density Residential Table 2: Special Characteristics Characteristic Applies Explanation to Project? Creeks N No creeks are located in the vicinity of the site. Oak Trees N None are present at this site. Views N The project site is relatively flat. There are no significant views within the vicinity of the project site. Seismic Hazards N Site is not mapped in any seismic hazard area. Green Building Consultation Y This project proposes 147 points on the green points rating, significantly better than the minimum green standard of 60 points established by Build It Green. See under General Plan Consistency for further discussion. Table 3: Project Chronology Date July 7, 2005 April 4, 2008 June 25, 2008 July 25, 2008 July 31, 2008 August 14, 2008 October 25, 2008 Action Application submitted Application deemed complete Mediation held with neighbors (see Community Discussion for further details). Revised plans submitted Public hearing notices mailed/posted ZAB hearing PSA Deadline (extended by applicant) 1. Project must be approved or denied within 90 days after being deemed complete if exempt from CEQA, or 60 days after adoption of a negative declaration, or 180 days after adoption of an EIR (Govt. Code Section 65950).
ZONING ADJUSTMENTS BOARD 2421 NINTH STREET August 14, 2008 Page 5 of 11 Table 4: Development Standards Article I. Standard Existing Addition/ Proposed Permitted/ BMC Sections 23D.20.070-080 Reduction Required Lot Area (sq. ft.) 6,500 No Change 6,500 5,000 Gross Floor Total 1,384 1,766 3,150 Not Applicable Area (sq. ft.) Dwelling Units Total 1 1 2 2 Building Height Building Setbacks (ft.) Average (ft.) 15 N/A 27 6 1 28 (35 w/aup) Stories 1 1 2 3 Front 15 2 72 87 20 Rear 63-6 (53 6 ) 10 1 20 3 Left Side 10 (6 ) 4 4 Right Side 15-6 (9 6 ) 6 10 4 Lot Coverage (%) 21 16.3 37.3 40.0 Usable Open Space (sq. ft.) 4,300 (2,453) 1,847 800 Parking Automobile 1 1 2 2 Notes: 1. The average height for a shed roof is measured to the height of the roof ridge 2. Existing front yard setback is legally non-conforming 3. May be reduced subject to the findings of BMC Section 23D.20.090C II. Project Setting A. Neighborhood/Area Description: The site is located on Ninth Street (in a block bounded by Channing Way to the north; Tenth Street to the east; Dwight Way to the south and Ninth Street to the west) in a residential area comprised of one and two-story single-family homes, duplexes and multi-family dwellings. The site is within walking distance of the San Pablo Avenue commercial corridor (C-W District) approximately two blocks east. San Pablo Avenue is identified in the General Plan as a Primary Route and is well served by transit that provides direct north/south access to Albany, El Cerrito, Emeryville and Oakland as well as local service within Berkeley. B. Site Conditions: The site consists of a 6,500 sq. ft. lot, 50 in width. The front portion of the lot is developed with an approximately 1,384 sq. ft. one-story single-family home. The rear of the property consists of a flat backyard, with mature trees at the southeast corner and a fence surrounds the backyard. The abutting north and east properties consist of smaller lots approximately 30 and 40 in width. All abutting properties have single-family homes on the front portion of the lot. The abutting lots to the north and south have open rear yards, while the properties to the east have accessory buildings located on near the rear property line. The property to the southeast has a dwelling unit in the rear yard.
2421 NINTH STREET ZONING ADJUSTMENTS BOARD Page 6 of 11 August 14, 2008 III. Project Description The current project is a two-story, 1,766 sq. ft. dwelling unit at the rear of the property approximately 23 from the front dwelling unit and 10 from the rear property line. The 1,033 sq. ft. first floor consists of an entryway, kitchen, dining room, living room and an office/guest bedroom with a half bath. The 743 sq. ft. second floor consists of three bedrooms and two bathrooms and a balcony on the west facade. A large south-facing shed roof is proposed over the second floor to meet the applicant s goal to maximize solar exposure for the proposed photovoltaic panels and solar water heater. The roof pitch is 4:12 with an average height of approximately 27 6. Building materials include the use of wood siding and wood shingles; exterior features include. Pedestrian access to the proposed single-family home would be from Ninth Street, by way of a dedicated pathway of concrete or stone paving, located within the south side yard setback. This walkway would be separate from the entrance for the existing dwelling unit at the front of the property. Two parking spaces would meet the required parking for both the proposed dwelling unit and existing dwelling unit: one would be located in the side yard setback and the other is proposed in front of the new unit. 770 sq. ft. of useable open space would be located at the side (275 sq. ft.) and rear (495 sq. ft) of the proposed dwelling unit. No changes are proposed to the existing dwelling unit at the front of the lot. The current project is the third design iteration since the original submittal in 2005. Previous iterations of the project had included a second floor with up to four bedrooms and four bathrooms and balconies along the north, south and west facade. Please see table below: Proposed rear twostory June 2005 plans Jan 2008 plans July 24 2008 plans dwelling unit 1 st floor sq. ft. 873 1,100 1,033 2 nd floor sq. ft 960 840 733 Total sq. ft. 1,858 1,940 1,766 # of decks 2 3 1 Usable open space 1,376 1,003 1,847 Average height 22 6 22 27 6 Rear yard setback 12 9 1 10 1 IV. Community Discussion A. Neighbor/Community Concerns: In 2005, the applicant shared the project plans with the abutting and confronting neighbors and obtained 12 signatures including seven objections. The applicant modified the project and the neighbors were re-notified in January 2008. Twelve neighbors signed the plans; six neighbors objected to the project (6 of the 7
ZONING ADJUSTMENTS BOARD 2421 NINTH STREET August 14, 2008 Page 7 of 11 neighbors had previously objected to the project in 2005). These neighbors noted objections to the size, scale and height of the proposed dwelling unit, compatibility with the neighborhood as well as concerns for parking and privacy impacts. In June 2008 the applicant engaged in mediation with neighbors. Although the parties did not reach a consensus on design, the applicant revised the project to 1) reduce the second floor by approximately 100 sq. ft., 2) remove of all but one of the decks on the second floor, 3) reduce the size and number of windows along the north façade and 4) increase landscaping along the rear property line. The applicant also changed the roof design from a gabled roof with an average height of 22 and maximum height of 23 6 to a shed roof with an average height of 27 6. The average height is measured differently for each roof type: average height for a gabled roof is measured between the ridge and where the eave meets the plate, while the average height for a shed roof is measured to the ridge. Therefore the roof change has resulted in an approximately 4 increase in the roof height. As of this writing, staff has received four letters opposing the proposed project (see Attachment 5). Several neighbors and Councilman Moore have recently contacted staff requesting a continuance to September 11, because concerned neighbors will be on vacation on August 14. The applicant has requested to keep the project on the August 14 agenda and not continue due to the length of time the application has been in process. B. Committee Review: The project does not require review by any advisory committee. V. Issues and Analysis A. Key Issues: 1. Compatibility with Neighborhood Scale and Character: The overall pattern of development in the neighborhood varies (see Vicinity Map) and includes rear yard dwelling units south of the project site at 2429 Ninth Street, 2424 10 th Street and north of the site at 2412 Tenth Street. Duplexes and multi-family units are located along Ninth and Tenth Street and on the block fronting Channing Way. Across from the proposed project on Ninth Street, dwelling units are sited at the front and rear of the lot. Staff believes that siting the proposed dwelling unit at the rear of the property would maintain and continue the pattern of growth and development in the residential neighborhood. 2. Height and Bulk: In response to objections from the neighbors, the applicant reduced the second floor by approximately 100 sq. ft. The second floor is setback approximately 15 6 from the north property line, 10 6 to 14 from the east, 6 6 from the south. The proposed unit would be 23 from the existing dwelling unit on the site. The smaller second floor and its increased setbacks
2421 NINTH STREET ZONING ADJUSTMENTS BOARD Page 8 of 11 August 14, 2008 would increase the distance to the adjacent buildings and decrease the appearance of the building looming over these properties. The applicant believes the reduction in floor area, the articulated second floor façade and the roof have reduced the appearance of a solid building mass. However, staff notes that the change in roof type has not significantly improved the massing and it has increased the building s height. Based on the current design proposal, staff has recommended that the applicant modify the roof pitch and height. The applicant has agreed to change the roof pitch to 3:12 and lower the ridge line 2 in response to staff s suggestions and neighbor concerns (see COA #9). 2. Sunlight/ Shadows: The applicant submitted shadow drawings, provided in Attachment 3, to assess shadow impacts during the months of December and June: two hours after sunrise, noon and two hours before sunset. Due to the proposed unit s location, most new shadows would fall on adjacent yards: ZAB has not historically considered shadows on yards to be detrimental. The shadow study demonstrates that the project would not create any significant shadowing effects on neighboring habitable structures, for the following reasons: i. The proposed project would cast shadows on three neighboring dwelling units: the existing dwelling unit west of the proposed project, the dwelling unit immediately north of the project and a rear dwelling unit southeast of the project. ii. Neighbor to North (2419 Ninth Street): The proposed project would cast new shadows on the dwelling to the north (2419 Ninth St) during the winter morning hours. The shadows would affect the rear of the dwelling unit and would not affect main living areas. The proposed project would not cast any shadows on 2419 Ninth Street for the remainder of the year. iii. Unit at front of project site: The proposed project would cast new shadows on the existing dwelling unit at the front of the project site. The new shadow would be cast on the rear two windows and backdoor of the dwelling unit and not on principal living areas. The new shadows would be limited to the summer morning hours. iv. Neighbor to Southeast (2424 Tenth Street): New shadows in the late afternoon, evening summer hours would be cast on the dwelling unit at the rear of the property at 2424 Tenth Street. The new shadows would affect the north exterior of the dwelling unit where one small window is located. The summer months have greater sun exposure and the dwelling unit would be affected for the shortest duration of time and would not be impacted by the proposed project at any other time of the year. Conclusion: The majority of new shadows cast from the proposed project would affect the neighboring rear yards and accessory buildings. Shadow impacts to adjacent dwellings would be minimal. Staff finds that this loss is less than significant because the residences would maintain
ZONING ADJUSTMENTS BOARD 2421 NINTH STREET August 14, 2008 Page 9 of 11 direct sunlight access for most of the year and that new shadows cast would not be concentrated on any adjacent habitable areas for a majority of daylight hours. 3. Privacy and Views: Following review of the initial 2005 design, adjacent neighbors expressed concerns about privacy impacts due to a proposed second floor balcony on the northeast façade. Prior to mediation the applicant agreed to remove the deck in order to reduce concerns about privacy impacts. The second floor interior was reconfigured: a proposed north facing bedroom was replaced by the stairway and bathroom thereby changing the window size and location so that only windows for light and ventilation would be necessary. The rear yard is landscaped with mature poplar trees along the southeast end. The applicant has agreed to additional landscaping along the rear of the property for additional screening of the second floor and as a buffer between properties. The side yards would also include new landscaping. Furthermore, the rear dwelling unit would not obstruct views of protected visual resources (e.g., the Bay). Therefore there is not anticipated to be a significant loss of privacy or views to the immediate neighbors. 4. Reduced Rear Yard Setback: The zoning district regulations allow rear yard reductions for new dwelling units where the Zoning Adjustments Board finds that the new unit would not detrimentally affect emergency access or the light, air or privacy of neighboring properties. As referenced in the Key Findings above the proposed rear yard setback of 10 1 where 20 is otherwise required, appears to meet the criteria and is therefore considered non-detrimental for the reasons described above. Other findings include the following for Open Space and Emergency Access: 5. Usable Open Space: The usable open space for the proposed dwelling unit would be located within the rear yard setback, which has maintained a minimum width of 10 and length of 50 (excluding the portion of the yard where a wall extends out) that spans the approximate length of the property. Additional usable open space would be located adjacent to the front of the proposed dwelling unit. 6. Emergency Access: Because the rear of the proposed second dwelling unit may be more than 150 linear feet from the street, the Fire Department may require preventative measures, such as the installation of fire sprinklers to comply with Fire Code requirements. The applicant will comply with this request if necessary. B. General and Area Plan Consistency: General Plan Policy Analysis: The 2002 General Plan contains several policies applicable to the project, including the following:
2421 NINTH STREET ZONING ADJUSTMENTS BOARD Page 10 of 11 August 14, 2008 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. Staff Analysis: The proposed project is found to be consistent with these policies because it meets the district standards for maximum residential density, building height and lot coverage, and yard setbacks and usable open space. The proposed residential use would be consistent with the existing residential uses in the area. 3. Policy H-19 Regional Housing Needs: Encourage housing production adequate to meet the housing production goals established by ABAG s Regional Housing Needs Determination for Berkeley. 1 Staff Analysis: The project supports the City s housing production goals by providing one additional dwelling unit. 4. Policy T-16 Access by Proximity, Action B: Encourage higher density housing and commercial infill development that is consistent with the General Plan and zoning standards in areas adjacent to existing public transportation services. 5. Policy EM-5 Green Buildings: Promote and encourage compliance with green building standards. West Berkeley Area Plan Policy Analysis: The West Berkeley Area Plan, adopted in December 1993, also contains several policies applicable to the project, including the following: Land Use, Goal 2, Policy F: Maintain Residential districts which would provide decent, safe, and sanitary living environments for a wide range of types of household. Staff Analysis: The proposed project is located in a residential neighborhood with a mix of housing types. The proposed project would provide a safe living environment for a range of types of household by providing two units. 1 The ABAG Regional Housing Needs Allocation has projected a goal of 2,431 units for the five-year period from 2009-2014.
ZONING ADJUSTMENTS BOARD 2421 NINTH STREET August 14, 2008 Page 11 of 11 VI. Recommendation The project has been modified in response to the direction of staff and with input from the neighbors to reduce the second story volume and the mass and bulk of the building. Based on the project s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, Staff recommends that the Zoning Adjustments Board: A: APPROVE Use Permit #05-10000084 pursuant to BMC Section 23B.32.040 and subject to attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans, received July 30, 2008 3. Shadow Drawings 4. Notice of Public Hearing 5. Correspondence Received from Applicant 6. Correspondence Received Staff Planner: Erika J. Sawyer, esawyer@ci.berkeley.ca.us, (510) 981-7483