A. Land Use Designations: General Plan: LDR Low Density Residential Zoning: R-1H Single Family Residential - Hillside Overlay

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 FEBRUARY 26, 2015 1229 Oxford Street Use Permit #UP2014-0009 to 1) add a 1,171 square-foot third story which would result in a major residential addition over 14 feet in average height and 20 feet in maximum height; 2) allow an addition on a property that already exceeds the maximum allowable lot coverage and residential density; 3) allow the addition of a seventh bedroom on a parcel, and 4) allow the continuation of a non-conforming setback. I. Background A. Land Use Designations: General Plan: LDR Low Density Residential Zoning: R-1H Single Family Residential - Hillside Overlay B. Zoning Permits Required: Use Permit to allow an addition on a parcel that exceeds the maximum allowable lot coverage under BMC Section 23C.04.070.C; Use Permit to allow an addition on a parcel that exceeds residential density per BMC Section 23C.04.070.E; Use Permit to establish a 7 th bedroom on a parcel, under BMC Section 23D.16.050; Administrative Use Permit to construct a major residential addition exceeding 600 square feet, under BMC Section 23D.16.030; Administrative Use Permit to construct an addition over 14 feet in average height, under BMC Section 23D.16.070.C; Administrative Use Permit to construct an addition over 20 feet maximum height, under BMC Section 23E.96.070; and Administrative Use Permit to continue a non-conforming side yard setback under BMC Section 23C.04.070.B. C. CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines ( Existing Facilities ). 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

1229 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 2 of 13 February 26, 2015 D. Parties Involved: Applicant Jim Novosel, The Bay Architects, 1840 Alcatraz Avenue, Berkeley, CA 94703 Property Owner Stan Momtchev and Elena Kaloyanova, 1229 Oxford Street, Berkeley, CA 94707

ZONING ADJUSTMENTS BOARD 1229 OXFORD STREET February 26, 2015 Page 3 of 13 Figure 1: Vicinity Map Concerned neighbors, 1223-1225 Oxford Subject property, 1229 Oxford Note : The vicinity map does not show the detached second unit behind the southern neighbor at 1231 Oxford nor the detached second unit behind the western neighbor at 1226 Oxford.

1229 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 4 of 13 February 26, 2015 Figure 2: Site Plan OXFORD STREET

ZONING ADJUSTMENTS BOARD 1229 OXFORD STREET February 26, 2015 Page 5 of 13 Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation Subject Property Residential (2 units) R-1H Low Density Residential (LDR) Surrounding Properties North Residential (3 unit condo) R-1H LDR South Residential (2 units) R-1H LDR East Residential (I unit) R-1H LDR West Residential (2 units) R-1H LDR Table 2: Special Characteristics Characteristic Applies to Project? Explanation Creeks No The site is not located on the City s Creek Map. Historic Resources No The subject property is not a City of Berkeley Landmark or registered on the State Historic Resource Inventory Oak Trees No There are no Coast Live Oak trees that would be impacted by the addition. Seismic Hazards Yes The subject property is located in a Landslide Zone. Table 3: Project Chronology Date February 26, 2014 December 4, 2014 N/A February 10, 2015 February 26, 2015 Action Application submitted Application deemed complete DRC/LPC hearing Public hearing notices mailed/posted ZAB hearing February 26, 2015 PSA deadline 1,2 1. Project must be approved or denied within 60 days after being determined to be exempt from CEQA, or 60 days after adoption of a negative declaration, or 180 days after adoption of an EIR (Govt. Code Section 65950). 2. A project is allowed to exceed this deadline upon mutual agreement of the project applicant and the lead agency for a period not to exceed 90 days (Govt Code Section 65957).

1229 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 6 of 13 February 26, 2015 Table 4: Development Standards Standard BMC Sections 23(click and enter #).070-080 Existing Addition/ (Reduction) Proposed Total Permitted/ Required Lot Area (sq. ft.) 5,400 0 5,400 N/A Gross Floor Area (sq. ft.) 1,602 1,171 2,773 N/A Dwelling Units Total 2 0 2 1 Building Height Average (ft.) 19-5 6-5 25-10 28-0 Maximum (ft.) 20-4 7-7 27-11 35-0 Stories 2 1 3 3 Building Setbacks (ft.) Front 20 0 20 20 Rear* 43-4 0 43-4 20 Left Side.09 0.09 4 Right Side 8-8 0 8-8 4 Lot Coverage (%) 44-3 41 40 Usable Open Space (sq. ft.) 1,020-180 1,200 800 Parking Automobile 2 0 2 2 *Note: This setback applies to the building proposed for modification; the existing second unit has a setback of 2 feet from the rear property line. II. Project Setting Neighborhood/Area Description: The project site is located on Oxford Street, a residential street in north Berkeley. The street slopes upward as one travels northbound, so that the elevation of a property will generally be higher than its southern neighbor. The property is zoned R-1H, but it is located at the southern edge of the Hillside (H) overlay so the lots are fairly level and generally do not have views of the San Francisco Bay. Many of the properties in the immediate area, particularly on the east side of the street, exceed the R-1H maximum density of one unit per parcel. The southern neighbor (1231 and 1231-A Oxford) is developed with a two-story main dwelling at the front of the parcel, and a detached one-story dwelling, or cottage, at the back, similar to the subject property. The neighbor to the north (1223-1227 Oxford) is developed with a three-story duplex at the front of the property and a one-story detached single-family dwelling at the back. (These units are condos and are owned by three separate individuals.) The property directly across the street to the west (1224-1226 Oxford) is also developed with a main dwelling at the front and a detached dwelling behind it. The properties along Oxford Street in the vicinity of the subject property are generally two- to three-story residential buildings. The property immediately to the north of the subject property is a three-story dwelling, while the property immediately to the south is a two-story dwelling. The neighborhood does not have a consistent architectural

ZONING ADJUSTMENTS BOARD 1229 OXFORD STREET February 26, 2015 Page 7 of 13 style; the existing dwellings represent a wide variety of building styles and materials See Attachment 4 for neighborhood photos. A. Site Conditions: The site consists of a 5,400 square-foot, 40-foot wide lot. It is currently developed with a 1,602 square-foot single-family dwelling, a 604 square-foot second dwelling unit, and a 180 square-foot garage. The site was developed in 1924 with a singlefamily dwelling. The second unit and garage were added in 1931. The first story of the house consists of a 30-foot 8-inch deep single car garage and a 168 square-foot storage area. The rest of the first story is crawl space. The only habitable space in the dwelling is on the second floor, which has a living room, dining room, kitchen, two bedrooms, an office/den, and one bathroom. The den is considered a bedroom per BMC Section 13.42.020 (Operating Standards for Mini- Dorms, Definitions). A 118 square-foot office was added to the back of the main dwelling in 1986 per Administrative Use Permit #A803. Because the lot was already over the 40% maximum lot coverage at the time, the applicant proposed that the garage would be removed as part of the project. That condition was not met and the garage still exists on the property. The garage was converted to habitable space in the 1980s without the benefit of permits. See Attachment 4 for photos of existing conditions. III. Project Description The project would add a 1,171 square-foot third floor to the existing dwelling, creating a 2,773 square-foot dwelling. This addition would add three bedrooms and two baths to the dwelling. With project construction, there would be a total of 6 bedrooms in the main dwelling and a total of 7 bedrooms on the lot. No changes to the room count on the second floor are proposed. The addition would be setback 2 feet 1 inch from the north side property line and 8 feet 8 inches from the south side property line. In each case, the proposed wall would follow the line of the existing wall, except that on the north side, the addition would not project out over the existing kitchen nook, which is approximately one inch from the property line. The proposed west (front) façade would be pushed back from the existing front wall, maintaining the original gables at the front of the house. The addition would be staggered at the front so that southwest side would be setback 8 feet 3 inches from the main wall of the front façade, and the northwest side would be recessed an additional 6 feet from the front façade. The east (rear) elevation would be setback 15 feet from the existing rear wall, placing it above the original dwelling rather than the 1986 addition. The proposed addition would have an average height of 25 feet 10 inches, adding 6 feet, 5 inches to the dwelling. The roof would be gabled at the west (front) elevation and hipped at the east (back) elevation. The roof material and pitch, as well as the stucco siding, would match that of the existing dwelling. The project has changed from its original design. The previous design was a 1,280 square-foot addition with an average height of 29 feet 2 inches. The addition would

1229 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 8 of 13 February 26, 2015 have covered the entire second floor and included a front balcony in-line with the existing porch, instead of being setback from the front façade as currently proposed. The previous design also proposed keeping the garage structure and converting it into habitable space. The project was modified to address neighbor s concerns about light and shadow, and also to respond to the illegal status of the garage. IV. Community Discussion A. Neighbor/Community Concerns: Prior to submitting the application to the City, a pre-application poster was erected by the applicant in February, 2014. The poster was updated in November 2014 to reflect the revised plans. On February 10, 2015, the City mailed notices to adjoining property owners and occupants, and to interested neighborhood organizations. The signatures obtained by the applicant as part of the neighborhood outreach indicated that the three neighbors on the directly adjacent northern property (1223-1227 Oxford) had concerns about the project. Staff had numerous telephone conversations with the owner of the lower unit of the duplex (1225 Oxford, Jane Harada) and received a letter from her. Staff was able to go inside the unit and walk the site to see the neighbor s concerns regarding increased shadows and loss of light. Staff contacted the resident of the upper unit (1223 Oxford, Daniel Kroll) based on comments from Ms. Harada that he had concerns about loss of his view. Staff was not able to access the unit, but Mr. Kroll did submit a letter with photographs of his view and expressing concerns about the impact the project would have on his light, views, privacy and property values. The owner of the rear unit (1227 Oxford, Carol Stewart) indicated on the neighborhood outreach sheet that she would send a comment. Staff has not received a comment from Ms. Stewart. See Attachment 6 for neighbor correspondence. B. Committee Review: No advisory committee review is required for this report. V. Issues and Analysis A. Key Issues: 1. Sunlight/Shadow Impacts: The project involves the addition of a third floor to an existing two-story dwelling. The existing dwelling casts shadow on the dwellings located to the north and south; the addition would cast additional shadow on these dwellings. The duplex to the north (1223 1225 Oxford) is currently shaded throughout the day during the winter. The south elevation of the duplex has three windows on each floor. The shadow currently only impacts the unit on the first floor, shading the two bedroom windows at the back of the unit throughout the day, and shading the living room window at the front of the unit only on winter mornings. The addition would not change the

ZONING ADJUSTMENTS BOARD 1229 OXFORD STREET February 26, 2015 Page 9 of 13 shading experienced on the first floor, but would cast shadow on the upstairs unit s windows. The new shadow would shade the lower portion of the center window (living room) in the morning, would partially shade the lower portion of the living room and rear window (bedroom) windows at noon, and would partially shade the lower portion of the living room and bedroom window in the afternoon. Neither unit is currently shaded by the subject property during the summer, and would not experience any additional summer shade with the new addition. The single-family dwelling located on the adjacent northern property behind the duplex (1227 Oxford), currently experiences shade from the subject property on the porch and living room window during winter afternoons. The addition would also shade the bedroom window at the front of the dwelling during the winter afternoons. This dwelling is not currently shaded by the subject property during the summer, and would not experience any summer shade with the new addition. The single family home and detached second unit to the south (1231 and 1231-A Oxford) are currently not shaded by the subject property. The addition would partially shade a rear bedroom window on the main dwelling, and a bedroom window on the north side of the second unit during the summer afternoons. The front (west) and side (north) sides of the second unit behind the main dwelling on the subject property are currently shaded during winter afternoons. The addition would not change the shading of this dwelling. Two neighbors have expressed concern about the impacts this project could have on their properties related to shadow and light. 1225 Oxford Jane Harada lives in the lower unit of the duplex to the north of the subject property. She is concerned that the addition would add additional shadow on her property. The shadow study indicates that the lower unit already is shaded by the current building, and that addition would not add to the shadow cast on the windows of the lower unit. 1223 Oxford Daniel Kroll lives in the upper unit of the duplex to the north of the subject property. He is concerned about the loss of light and the open and airy feel of his unit. The shadow study indicates that during the winter months, the lower portion of two of his three windows would be shaded, meaning that sunlight would still come directly into the unit from those windows even while they are shaded. Based on this analysis, the shadow would not be unreasonable for this neighborhood. See Attachment 3 for shadow study information. 2. Views: As described above, the proposed addition would add a 1,171 squarefoot third story. This addition would be within the allowed height and number of stories permitted in the R-1H District. The story poles installed as part of the

1229 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 10 of 13 February 26, 2015 analysis process demonstrate that the height of the building would be comparable to the height of the three-story dwelling to the north of it, and other three-story dwellings in the vicinity. One neighbor has expressed concerns regarding the impact that this project would have on his view. Daniel Kroll submitted photographs of the view from his south-facing dining room and bedrooms to demonstrate the current views. Staff has reviewed the photos to determine if a significant view exists from the southern windows of 1223 Oxford. A significant view consists of a view of the San Francisco Bay, the Campanile, the Berkeley Hills, or other significant vistas. The photographs (included with correspondence in Attachment 6) show that the current view over the subject property consists of trees and the roof tops of other dwellings. This view does not meet the criteria of a significant view. 3. Privacy/Air: The windows for the proposed addition are located on the west (front), east (rear) and south side elevations. The windows on the front elevation would be a significant distance from the confronting dwellings across Oxford Street. The two sets of bedroom windows on the rear elevation would be located approximately 20 feet from the closest dwelling, the second unit on the subject property. The windows on the south side elevation consist of two master bedroom windows, a closet, a tall set of windows at the interior stairway, and a window for a rear bedroom. These windows are located between 8 feet 8 inches and 9 feet 5 inches feet from the side property line, and approximately 11 feet from the adjacent dwelling to the south. The north elevation of the addition will have only one window, a master bedroom window located 15 feet from the side property line. The main portion of the northern elevation is located within three feet of the property line. Since the California Building Code does not allow window openings within three feet of a property line, the windows which were part of the plans shown to neighbors have been removed. The rooms on this side of the dwelling (two bathrooms and a rear bedroom), will be provided light by operational skylights in the roof, and in the case of the bedroom, a window on the rear elevation of the house. Mr. Kroll (1223 Oxford) wrote his letter expressing privacy concerns when windows on the north elevation were still shown on the plans. Since these windows have been removed, there should be no privacy concerns for the northern neighbors. The distance of the addition s windows from the neighboring dwellings would not unreasonably impact the privacy or air of the neighbors. 4. Lot coverage: The lot is currently developed with two dwelling units and a garage. When the addition to the main dwelling was considered in 1986, the lot coverage for the property was 41%, which exceeded the maximum lot coverage of 40%. In order to add the addition without changing the lot coverage, the applicant included removal of the garage as part of the project. When the garage was not removed, the lot coverage for the site increased to 44%.

ZONING ADJUSTMENTS BOARD 1229 OXFORD STREET February 26, 2015 Page 11 of 13 If the garage is removed as part of this project, the lot coverage will be reduced to 41%, the amount approved in 1986. The addition would not increase lot coverage nor exceed the height limit, and is therefore permitted subject to the issuance of a Use Permit per Section 23C.04.070.C. 5. Lot density: The lot is currently developed with two units: the main dwelling and a second, 604 square-foot dwelling. The second unit was built in 1931 with permits and is shown on the property s finance card. The R-1H district allows one dwelling per property. The only exception to this is that a property with a dwelling unit can also have an Accessory Dwelling Unit (ADU) which would not add to the property s density. For a dwelling to be considered an ADU, it has to meet certain criteria, such having floor area less than 25% of the main dwelling, and must be located no closer than 4 feet from any property line. This second unit is not considered an Accessory Dwelling Unit (ADU) because it does not meet the development standards for size and location on the property. It is considered a second dwelling and for that reason, the lot is considered to be over lot density. The addition will not increase the residential density of the lot nor exceed the height limit, and is therefore permitted subject to the issuance of a Use Permit per Section 23C.04.070.E. 6. Number of bedrooms: Staff has evaluated the existing conditions on the property and determined that 1) the existing den meets the definition of a bedroom, as it is over 70 square feet and can be closed off from other common space in the dwelling; and 2) since the second unit is not considered an ADU, the bedroom in the unit counts towards the lot s bedroom count. Based on this, the property currently has four bedrooms: two bedrooms and an office on the second floor of the main dwelling and a bedroom in the second dwelling. No bedrooms have been identified in the basement of the main dwelling. The third floor addition would add three bedrooms, resulting in seven bedrooms on the lot. The ZAB may approve a Use Permit for the addition of the sixth and seventh bedrooms if the additional bedrooms would not be 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 current dwelling is currently developed with two bedrooms, an office that is considered a bedroom by Planning staff, and one bathroom. The addition of the extra bedrooms and bathrooms would allow the family to stay in the neighborhood as their children grow and need more space, which would be consist with the purposes of the R-1H District, and would not be detrimental to the neighbors or the greater community. 7. Parking: The proposal would remove a garage and does not provide for additional parking. The garage was scheduled to be removed as part of AUP #A803 with a condition that the existing two space parking area in the front yard remain as parking. The plans included with AUP A803 do not identify the two

1229 OXFORD STREET ZONING ADJUSTMENTS BOARD Page 12 of 13 February 26, 2015 parking spaces, but the property does have wide curb cut that provides access to the garage located at the front of the house, and the driveway that leads to the existing garage. Removing the garage as part of this project will not change the parking conditions that were approved with AUP A803. 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. Staff Analysis: The addition would be compatible with the existing building and the surrounding neighborhood. The subject neighborhood consists primarily of residences that are two- and three-stories tall. The building height would be comparable with the adjacent three-story dwelling to the north and other threestory buildings in the vicinity. 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. Staff Analysis: The addition would be compatible with the architectural character and scale of the existing building and the surrounding neighborhood, as it uses the same materials and roof forms as the existing dwelling and does not exceed the maximum height. The building height would be comparable to other threestory dwellings in the neighborhood. 5. Policy UD-32 Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: The project would create additional shadows due to the addition of a third floor. These shadow impacts are not unreasonable and are consistent with the shading that other three-story buildings cast in the neighborhood, and would not reflect a significant impact.

ZONING ADJUSTMENTS BOARD 1229 OXFORD STREET February 26, 2015 Page 13 of 13 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: A. APPROVE UP2014-0009 pursuant to Section 23B.32.040 and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans, received February 9, 2015 3. Shadow Study 4. Photos 5. Notice of Public Hearing 6. Correspondence Received Staff Planner: Elizabeth Greene, egreene@ci.berkeley.ca.us, (510) 981-7484