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 JANURARY 26, 2012 1920 Seventh Street Use Permit #11-10000043 to construct a two-story, 452 sq. ft. addition to the south side of the building and convert the use of the property from a boarding house to a community center with hours of operation from 8 a.m. to 5:30 p.m. with some evening classes and training sessions. I. Application Basics A. Land Use Designations: General Plan: HDR, High Density Residential Zoning: R-3, Multiple Family Residential B. Zoning Permits Required: Use Permit to establish a community center, under BMC Section 23D.36.030; Use Permit to eliminate a dwelling, under BMC Section 23C.08.030; Administrative Use Permit to construct an addition above 16 in average height, under Section 23D.36.070.C; and Administrative Use Permit to construct a fence taller than 6 in height, under BMC Section 23D.08.060.2. C. CEQA Determination: Categorically exempt pursuant to Sections 15301(e) ( Existing Facilities ) and 15332 ( In-Fill Development Projects ) of the CEQA Guidelines. D. Parties Involved: Applicant/Property Owner: Rigoberto Calocarivas, Multicultural Institute, 1920 Seventh St., Berkeley, CA 94710 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
1920 SEVENTH STREET ZONING ADJUSTMENTS BOARD Page 2 of 10 January 26, 2012 Figure 1: Vicinity Map Subject Site
ZONING ADJUSTMENTS BOARD 1920 SEVENTH STREET January 26, 2012 Page 3 of 10 Figure 2: Site/Ground Floor Plan Remove stair and roof deck 452 sq. ft. addition
1920 SEVENTH STREET ZONING ADJUSTMENTS BOARD Page 4 of 10 January 26, 2012 Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation Subject Property Boarding House R-3 High Density Residential Surrounding Properties North South Three Residential buildings containing seven residential units. Two detached duplexes. Gas station and university Avenue beyond. R-3 High Density Residential R-3 High Density Residential East Single-Family dwellings R-3 High Density Residential West A vacant lot and a 12-unit apartment building. R-3 High Density Residential Table 2: Special Characteristics Characteristic Applies to Project? Explanation 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 N/A The subject property is not a listed historic resource. 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 Yes The subject parcel is within a designated liquefaction zone, but not a landslide, earthquake or fault rupture zone. The Building and Safety Division will review the proposed project and plans during the building permit application stage to determine if special requirements and/or conditions should apply. Soil/Groundwater Contamination TBD Table 3: Project Chronology 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 requirements and/or conditions should apply. Date October 25, 2011 January 3, 2012 January 12, 2012 January 26, 2012 March 3, 2012 Action Application submitted Application deemed complete Public hearing notices mailed/posted ZAB hearing PSA deadline
ZONING ADJUSTMENTS BOARD 1920 SEVENTH STREET January 26, 2012 Page 5 of 10 Table 4: Development Standards Standard (R-3 District) BMC Sections 23.36.070-080 Existing Addition/ (Reduction) Proposed Total Permitted/ Required Lot Area (sq. ft.) 6,000 No Change 6,000 5,000 Gross Floor Area (sq. ft.) 3,484 +452 3,936 N/A Floor Area Ratio 0.58 +0.11 0.69 N/A Building Height Building Setbacks Average 22 10 +2 9 25 7 28 Stories 2 No Change 2 3 Front 15 No Change 15 15 Rear 35 No Change 35 15 South Side 19 6-13 6 6 4 North Side 3 8 No Change 3 8 4 Lot Coverage (%) 34% +6% 40% 45% Parking Automobile 1-1 0 0 Bicycle 0 10 10 N/A II. Project Setting A. Neighborhood/Area Description: The subject property is located on the west side of Seventh Street, approximately half a block north of University Avenue. The site is within a high density residential area and is bordered by the West Berkeley Commercial Area to the south along University, and a lower density residential area half a block to the north. The area is well served by public transportation, including several AC Transit lines running along University Avenue and San Pablo Avenue, and the North Berkeley BART station approximately ¼ mile away. B. Site Conditions: The site is essentially flat and currently contains a two-story residential building that is zoned for use as a boarding house. The building was previously used as a threeunit residential building including a child care nursery for up to 15 children prior to the conversion to a boarding house in 1984. The main building is located towards the front of the lot with a 35-foot setback to the rear boundary. Within the rear yard, along a portion of the rear property line is a 600 sq. ft., non-residential accessory building which is currently used as a meeting room and office space, with a roof deck and stairs that connect it to the main building. The Multicultural Institute purchased the property in early 2011, and since that time has been using the site as administrative offices and has offered limited programs for their clientele in West Berkeley in addition to the services offered from the Multicultural Institute s original location at 1712 Euclid Street. If approved, the
1920 SEVENTH STREET ZONING ADJUSTMENTS BOARD Page 6 of 10 January 26, 2012 Multicultural Institute would entirely relocate their services from 1712 Euclid Avenue to 1920 Seventh Street. III. Project Description The proposed project includes the change of use from a boarding house to a community center, thereby eliminating the residential use of the property. Physical changes to the property include a 452 sq. ft. addition to the main building and repurposing the interior space to support the community center operations. The community center would have approximately 10 employees and primary operating hours of 8:00 a.m. to 5:30 p.m. with some evening classes and training sessions. The meeting rooms in the accessory building would be reconfigured, and the roof deck and stair would be eliminated. The applicant is proposing to install approximately 10 bicycle parking spaces on the property to provide safe and secure bicycle parking for their members, many of whom rely on bicycles as a primary source of transportation (see architectural plans in Attachment #2). Proposed Community Center Operations and Services: Tutoring program & cultural activities for children Periodic evening meetings with parents Supervised access to computers for homework, learning, and artistic expression Assist workers with job applications, job searches and resume writing Spanish-language GED preparation classes Small group vocational trainings Referrals to health, legal, and educational resources Program Explanation Participants Served Mentoring for Academic Success (MAS) Tutoring program for West Berkeley youth. Resources and workshops specifically for immigrant parents. Workshops for day laborers on life skills topics such as personal finances or preventative health care Spanish-language GED preparation classes Use facilities as an additional after school site and for summer program but with enhanced activities for youth in the program, older siblings without alternative after school activities, and parents; Supervised access to computers for homework, learning, and artistic expression Offer a range of workshops and classes with City and County partners to benefit area working and underemployed adults such as: Vocational English skills Other vocational training (trade skills and certification, job health and safety, green building techniques, green cleaning techniques, on-the-job communication skills) Computer skill training 4 three-week intensive GED evening courses from 6 9 p.m. Vocational training/life skills classes will be in the evening from 7 9 p.m. 20-25 10-15 15-20
ZONING ADJUSTMENTS BOARD 1920 SEVENTH STREET January 26, 2012 Page 7 of 10 IV. Community Discussion A. Neighbor/Community Concerns: In accordance with application requirements, the applicant has posted a proposed development sign at the front of the property. Additionally, the Multicultural Institute has released three neighborhood newsletters in January, May and December of 2011 to better inform the community and neighborhood about their purpose and services (See Attachment # 5). Since the application was submitted, staff has not received any concerns or opposition relating to the project. B. Committee Review: There is no committee review required for this project. V. Issues and Analysis A. Key Issues: 1. Compatibility with Neighborhood: The subject building would be compatible with the surrounding development in size and mass; the use of the property as a community center would help to provide services to local residents within the area. The subject area has an eclectic blend of building types and uses, varying from commercial and mixed use development along University Avenue to the south and medium to high density residential uses to the north. The proposed community center building will maintain a residential looking appearance that will complement the surrounding development and the use of the site as a community center will enhance services for immigrants and non-english speaking families in the area. The subject area has a significant number of immigrant and non-english speaking families who would greatly benefit from the services provided by the Multicultural Institute and in turn, the City of Berkeley would benefit by having these immigrants families have resources to better adapt and contribute to the community. 2. Shadows: The proposed two-story, 452 sq, ft. addition to the building would be located on the southeast side of the existing building and would cause virtually no shading to surrounding proprieties. Because the addition is located on the southeast side of the subject property, the new building mass would primarily cast shading to the north, onto the yard and roof of the existing building at 1920 Seventh Street. In the mornings of winter months, the new building mass would cause some shading to the side façade of the adjacent residential building t the north, but this shading would be minimal and only for a very short time in the mornings of winter months and thus would not be unreasonably detrimental. 3. Views: The subject area s topography is relatively flat and there are no surrounding properties that enjoy prominent views over the roofline of the existing
1920 SEVENTH STREET ZONING ADJUSTMENTS BOARD Page 8 of 10 January 26, 2012 building. Therefore, the proposed addition would not significantly impact views for surrounding neighbors. 4. Parking: The current legal use of the property is a boarding house which has an off-street parking requirement of one space per every five residents, plus one space for the manager. The site is presently non-conforming for those parking spaces, as only one legal space exists. The parking requirement for a community center is at the discretion of the Zoning Adjustments Board. In this case, because of the facility s proximity to multiple sources of public transportation, and because most of the clientele and staff either use public transportation or commute by walking or bicycling, and because of the limited amount of space on-site for parking spaces, the applicant has proposed no off-street parking. One curb cut would remain and one loading space would be provided in the front yard for occasional use. While commercial districts allow for the issuance of a parking waiver when a proposed use meets certain criteria, residential districts do not allow for such a waiver. However, it should be noted that this property would meet the commercial district criteria for a parking waiver because of the following: 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 one-quarter mile from the North Berkeley BART station and satisfies this finding. In addition to BART, the site is located within easy walking distance of at least six AC Transit bus lines that serve most of Berkeley, adjacent cities and San Francisco. 2. 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. Analysis: According to the applicant, most of the Multicultural Institute s clientele do not have driver s licenses and depend on public transportation, bicycles and walking as their primary sources of transportation. Additionally, many of the Multicultural Institute s service groups are youths who do not drive. The applicant has agreed to Condition of Approval #24 which states that no residential parking placards shall be issued to the address and Condition of Approval #25 which states that the applicant shall subsidize public transportation vouchers for employees of the Multicultural institute. 3. 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.
ZONING ADJUSTMENTS BOARD 1920 SEVENTH STREET January 26, 2012 Page 9 of 10 Analysis: The project would satisfy this finding based on the aforementioned payroll deductions for transit, bike parking, and there will be no issuance for Residential Parking Permits for employees or clientele of the community center. Per BMC Section 23D.36.080.B, the ZAB may approve the conversion of the building to a community center and the ZAB may set the required parking standard based on the amount of traffic generated by the particular use. In this case, staff believes that the change of use would not substantially reduce the availability of on-street parking in the vicinity of the use. 5. Elimination of a dwelling: The conversion of the last permitted use as a boarding house to a community center would eliminate a residential dwelling unit that formed the basis for the boarding house use. However, the subject property was vacant at the time the Multicultural Institute purchased the property in early 2011 and has not had any residential tenants since. Therefore, the conversion of the property to a community center would not displace any tenants. The dwelling unit is not registered with the Rent Board and the elimination of one residential unit would not substantially reduce the City s available housing stock. 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: 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 west Berkeley area has an eclectic blend of uses, and city services and the community center will be an added amenity to the area, especially given the proximity to the population the center is intended to serve in west Berkeley.
1920 SEVENTH STREET ZONING ADJUSTMENTS BOARD Page 10 of 10 January 26, 2012 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 new two-story, 452 sq. ft. addition would have minimal shading impacts on surrounding buildings. 5. 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. 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 a community center that has much of its clientele dependant on public transportation as a primary source of transportation. 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 #11-10000043 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 January 12, 2012 3. Photos 4. Notice of Public Hearing, posted January 12, 2012 5. Correspondence Received (includes applicant statement) Staff Planner: Nathan Dahl ndahl@ci.berkeley.ca.us, (510) 981-7410