1001 Dwight Way - City of Berkeley
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
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
MAY 28, 2020
1001 Dwight Way
Use Permit #ZP2020-0002 to allow a change in use from an existing lawful
non-conforming nursery, consisting of two one-story buildings totaling
1,023 square feet and a 61 square-foot restroom on a 15,200 square-foot
parcel, to cannabis retail nursery microbusiness with hours of operation
for retail sales from 9:00AM to 5:00PM Monday through Sunday.
I. Background
A. Land Use Designations:
General Plan: LMDR - Low-Medium Density Residential
West Berkeley Plan: Retail and Commercial
Zoning: R1-A - Limited Two-Family Residential District
B. Zoning Permits Required:
Use Permit, pursuant to BMC Section 23C.25.040.B.2, to substantially expand or
change in character an existing non-conforming nursery use in an R-prefixed
District through conversion to a Cannabis Retail Nursery Microbusiness, subject to
the findings in BMC Section 23B.32.090.
C. CEQA Recommendation: The project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA, Public Resources Code §21000, et
seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15301
of the CEQA Guidelines (“Existing Facilities”) of the CEQA Guidelines.
D. Parties Involved:
Applicant Masao Yabusaki, 2439 Ninth Street, Berkeley
Property Owner Tomoko Yabusaki, 2445 Ninth Street, 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.usZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 2 of 13
Figure 1: Zoning Map
R-1A
Project Site
C-W
MU-LI
North
Zoning District
R-1A: Limited Two-Family Residential District
C-W: West Berkeley Commercial District
MU-LI: Mixed-Use Light Industrial District
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 3 of 13
Figure 2: Site Plan
North
Existing
Residence,
not included
in change of
use project
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420
E-mail: zab@ci.berkeley.ca.usZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 4 of 13
Figure 3: Floor Plan – Retail
North
Figure 4: Floor Plan – Indoor Cultivation/Distribution
North
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420
E-mail: zab@ci.berkeley.ca.usZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 5 of 13
Table 1: Land Use Information
General Plan
Location Existing Use Zoning District
Designation
Plant Nursery
Subject Property (Non-conforming) and Limited Two-Family Low-Medium Density
Single-Family Dwelling (R-1A) Residential (LMDR)
North Single-Family Dwelling
Mixed-Use Light
Vocational School, Manufacturing (M) and
Industrial (MU-LI) and
South Single-Family Avenue Commercial
Surrounding Commercial – West
Dwellings (AC)
Properties Berkeley (C-W)
East Single-Family Dwelling Limited Two-Family Low-Medium Density
(R-1A) Residential (LMDR)
West Residential Four-plex
Table 2: Special Characteristics
Applies
Characteristic to Explanation
Project?
This fee applies to projects with new non-
Affordable Child Care Fee for residential gross floor area, including projects that
qualifying non-residential projects No alter buildings that have been substantially vacant
(Per Resolution 66,618-N.S.) of all uses for at least 3 years. No new gross floor
area is proposed.
This fee applies to projects with new non-
Affordable Housing Fee for qualifying residential gross floor area, including projects that
non-residential projects (Per No alter buildings that have been substantially vacant
Resolution 66,617-N.S.) of all uses for at least 3 years. No new gross floor
area is proposed.
Affordable Housing Mitigations for
This project does not include any dwelling units,
rental housing projects (Per BMC No
and therefore this requirement does not apply.
22.20.065)
Housing Accountability Act (Gov’t This project does not include any dwelling units,
No
Code Section 65589.5) and therefore this requirement does not apply.
None proposed, nor allowed, pursuant to BMC
Alcohol Sales/Service No
Section 12.21.040.J.
Coast Live Oaks No There are no oak trees on the project site.
No creek or culvert defined by BMC Chapter 17.08
Creeks No
exists on the site.
This project does not include any dwelling units,
Density Bonus No
and therefore this does not apply.
Green Building Score No No exterior construction proposed.
The project does not propose the demolition or
substantial alteration of a main building. In
Historic Resources No
addition, there is no evidence to suggest the
building is an historic resource.
This project does not include any dwelling units,
Rent Controlled Units No
and therefore this requirement does not apply.
The Residential Preferred Parking Program does
Residential Preferred Parking (RPP) No
not occur in this neighborhood.
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 6 of 13
Applies
Characteristic to Explanation
Project?
The site is located within a liquefaction hazard
zone as mapped by the California Geological
Survey. However, given that the application is only
Seismic Hazards (SHMA) Yes
for a change of use and no new construction is
proposed, a geotechnical investigation (report) is
not required.
Although the site is not listed on state databases
for hazardous materials (“Cortese List”), it is within
the City’s Environmental Management Area.
Soil/Groundwater Contamination No
However, no ground disturbance or exterior or
underground construction is proposed that would
disturb soils or groundwater.
The site is located one block west of the San
Pablo Avenue transit corridor, which is served by
AC Transit lines 72R, 72M, 72, and 802.
Transit and Bicycle Access Yes
The site is adjacent to the Bicycle Boulevard along
Dwight Way (N-S direction), and is one block south
of the Bicycle Boulevard along Channing Way (E-
W direction).
Table 3: Project Chronology
Date Action
January 8, 2020 Application submitted
February 3, 2020 Application deemed incomplete
February 5, 2020 Application resubmitted and deemed complete
March 16, 2020 Shelter In Place Order issued, multiple ZAB hearings cancelled
May 14, 2020 Public hearing notices mailed/posted
May 28, 2020 ZAB hearing
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 7 of 13
Table 4: Development Standards – Cannabis Retail Nursery Microbusiness Use1
Standard Permitted/
BMC Sections 23D.20.070-080 Existing Change Proposed
Required
Lot Area (sq. Residential -
3,496 3,496 5,000 min.
ft.) Use
Cannabis -
microbusiness 11,704 11,704 N/A
Use
Total 15,000 - 15,000
Gross Floor Area (sq. ft.) -
1,084 1,084 N/A
Floor Area Ratio -
0.09 0.09 N/A
Building Average 12’-9” - 12’-9” 28’ max.
Height Maximum 12’-11” - 12’-11” N/A
Stories 1 - 1 3 max.
Building Front 17’ - 17’ 20’ min.
Setbacks Rear 9’-2” - 9’-2” 11’-8” min.
Left Side 153’-9” - 153’-9” 5’-5” min.
Right Side 68’-3” - 68’-3” 5’-5” min.
Parking Automobile 0 - 0 N/A
Bicycle 0 - 0 N/A
II. Project Setting
A. Neighborhood/Area Description: The project site is located on Dwight Way between
Ninth and Tenth Streets, one block west of San Pablo Avenue and the West Berkeley
Commercial District. The project site is in the R1-A zoning district adjacent to the MU-
LI and C-W districts to the south, characterized as a transitional block containing
conforming and non-conforming residential uses, offices, a vocational school and an
automotive service and repair shop (See Figure 1: Aerial and Zoning Map).
B. Site Conditions: The 15,200 square-foot through lot is generally flat, rectangular in
shape, and developed with one single-family dwelling on the western portion of the lot
(not included in the scope of this proposal), as well as two one-story buildings located
on the east portion of the lot which are 439 and 584 square feet in size, as well as a
61 square-foot restroom located on the northwest portion of the lot. The lot was most
recently used as a plant nursery. The eastern portion of the property is narrower than
the western portion: the parcel measures approximately 39’ in width at the east
property line and 77’ in width at the west property line, and measures 260’ in length.
As noted in Table 4, currently, the portion of the property dedicated to the nursery use
has a conforming 153’-9” left right and left side yard setbacks, where 5’-5” is the
minimum. The portion of the property dedicated to the nursery use has a non-
conforming approximately 17’ front yard setback where 20’ is the minimum, and non-
conforming rear yard setback of 9’-2” where 11’-8” is the minimum. The existing
buildings for the nursery use conform to the height standards. Zero off-street parking
1 As no change is proposed to the residential use or structure on the northwest portion of the lot, this table
focuses on the structures, setback and coverage related to the cannabis microbusiness use.
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 8 of 13
spaces are provided for the nursery use, where none are required in this residential
district.
There is an existing chain-link fence along the perimeter of the parcel, which measures
six feet in height. Existing on-site lighting consists of a pole flood light that is 12 feet in
height, located at the northwest portion of the site, as well as outdoor security flood
lights located on the east and north facades of the east building. Paved pedestrian
paths connect the two buildings and the restroom. A concrete patio covered by an
aluminum overhang project 8 feet from the buildings towards the front of the property.
The property contains one existing tree - Japanese Black Pine – that is located in the
front yard. Vehicular access to the west building is provided via an existing curb cut
and driveway along Dwight Way.
According to Planning Division records, the Dwight Way nursery has been
continuously operating at the subject property since 1949 as a legal, non-conforming
use in a residential district. The original nursery extends on Dwight Way from Ninth to
Tenth Street, including an owner’s residence at 2445 Ninth Street, which was originally
constructed in 1895 and was raised and altered to include a shed in the rear yard in
1952. On September 19, 1951, a variance (Variance #80) was granted to move a
greenhouse from the Dwight Way frontage to the rear of the property, where it currently
exists and is labeled as “Retail/Office” on Figure 2: Site Plan. On March 14, 1967, a
variance was granted by the City Council to expand the non-conforming plant nursery
into the rear yards of adjoining residential properties at 2436-40 Tenth Street and 2439
Ninth Street for the purposes of growing plant stock and to add a topsoil bin (Resolution
No. 41,712-N.S). Currently, the plant nursery does not operate in the rear yard of 2436-
40 Tenth Street, as shown in Figure 1: Aerial/Zoning Map. The property at 2439 Ninth
Street is owned by the applicant; however, an existing chain link fence separates the
residence from the plant nursery, as shown in Figure 2: Site Plan.
On May 5, 1994, a Building Permit was finaled to construct a patio cover for storage
located on the south side of the existing buildings (See Figure 2). On December 4,
2017, a Zoning Certificate Business License was issued to continue the nursery use,
which consists of wholesale and retail sales of plants, cuttings, seeds, and horticultural
products, with hours of operation between 10:00AM and 4:00PM Monday through
Sunday. According to the applicant, the plant nursery offered small educational bonsai
and horticulture courses for one to two hours daily around noon, located outdoors on
the covered patio. Typically, each course held approximately 10 to 25 people.
III. Project Description
The applicant proposes interior renovations to convert the two existing buildings on the
subject property from plant nursery to cannabis retail nursery microbusiness use, which
would consist of retail, distribution and cultivation activities, pursuant to BMC Section
12.21.020.X (See Attachment 5).2 As microbusinesses are required to obtain separate
2Microbusiness: A retail nursery microbusiness is either a Class 1 or Class 2 Nursery that sells plants and
seeds on a retail basis, either at a location to which customers may come to acquire cannabis plants or seeds,
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 9 of 13
City-issued operating permits for each activity conducted on the premises, and are
subject to the operating standards set forth BMC Chapter 12.22 (See Attachment 5),3
each activity is described separately below:
Retail: The proposed retail space would be located in the 584 square-foot
building designated for retail/office on the site plan, including an ancillary office
and restroom. According to the applicant’s statement, the proposed retail nursery
microbusiness would employ eight people, with three to four employees per shift.4
Approximately three to five customers would be expected to visit the business at
one time, and the peak hours would be mid-day. As shown on Figure 2: Site Plan,
customers would only be allowed to enter the site on the eastern portion of the lot
via a sidewalk along Dwight Way; the entrance would be staffed by a security
guard. There would be two designated customer waiting areas: 1) seven seats
inside the building; and 2) outdoors underneath canvas pop-up tents located on
the east portion of the site. The customer restroom would be located on the west
portion of the lot, accessible via rehabilitated paved walkways. 5
The applicant proposes to continue the existing incidental education program,
which would focus on how to safely and responsibly cultivate cannabis for
recreational and medicinal use. The program would be located outdoors under
the existing overhang, and would be offered daily for one to two hours mid-day
(between 11:00AM and 2:00PM); it is anticipated that approximately 10 to 25
people would attend each course.
There is no existing off-street parking, and no off-street parking spaces are
proposed. Parking would be available for customers via on-street parking, and a
loading zone would be designated in front of the vendor entrance, which has
been reviewed and approved by the City’s Traffic Engineer.
All retail activities would be required to comply with the BMC Section 12.21.040,
operating standards for cannabis retailers (See Attachment 5).
Distribution: The applicant proposes to distribute only those products related to
the business,6 which consist of cannabis cuttings, clones, and mature plants with
flowers for the purpose of producing seeds.7 Distribution activities would occur in
the 439 square-foot indoor cultivation building, which would be accessible
through an existing driveway and curb cut along Dwight Way designated for
vendors (See Figure 2: Site Plan). To ensure accessibility, the applicant proposes
to reinstate the former green temporary parking and yellow loading zone spaces
in front of the vendor entrance along Dwight Way, which has been reviewed and
or by delivering plants or seeds. No other cannabis products may be sold at this type of use. Distribution is
limited to those products directly related to this business. No cannabis consumption is permitted on site.
3 BMC Section 12.22.090, Microbusinesses.
4 Pursuant to BMC Section 12.21.040.E, all employees and volunteers must be at least 12 years of age.
5 The walkways would be reconstructed to meet current ADA standards, pursuant to the California Building
Code and BMC Section 12.22.040.D.
6 BMC Section 12.21.020.X.
7 BMC Section 12.21.020.Y.
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 10 of 13
approved by the City’s Traffic Engineer. All distribution activities would be
required to comply with the BMC Section 12.21.050, operating standards for
cannabis distributors (See Attachment 5).
Cultivation: The proposed indoor cannabis nursery would be located in the 439
square-foot building designated for indoor cultivation (See Figure 2: Site Plan).
The nursery would produce only clones, immature plants, seeds, and other
agricultural products used specifically for the propagation and cultivation of
cannabis, pursuant to State law. 8 The cultivation rooms would contain carbon
filters to eliminate any odors, and blackout tarps would be installed to eliminate
any light spillage during non-daylight hours. All cultivation activities would be
required to comply with the BMC Section 12.21.070, operating standards for
cannabis cultivators (See Attachment 5).
Landscaping, Lighting, and Screening: The applicant proposes to maintain the
existing security lighting located on the west, south and east portions of the site
which are directed within the site. A natural vine and bamboo barrier would be
installed within the existing chain link perimeter fence to screen the property from
public view. The existing network of concrete walkways would be rehabilitated
and the width would be expanded from 3 feet to 4 feet, consistent with BMC
Section 12.22.040.D (See Attachment 5).9 A two-foot landscape strip would be
maintained along the Dwight Way frontage east of the driveway, and along the
Tenth Street frontage to the northwest corner of the property.
Signage: Consistent with the City’s Sign Ordinance (BMC Title 20) and Cannabis
Business Operating Standards (BMC Chapter 12.22), the applicant proposes to
install a banner sign on the existing fence along Dwight Way, and a wall sign on
the indoor cultivation building. As the proposed cannabis retailer allows customer
visits, the subject property is allowed any combination of two of the following per
street frontage (Dwight, Ninth and Tenth): one wall sign, one projecting sign, one
ground sign, one roof sign, one marquee sign, one moving sign.10 Within the
business premises, an unlimited number of on-premises signs with a sign area of
eight square feet or less is allowed for the purpose of directing customers. The
total sign area must not exceed 60 square feet, and signs must not be directly
illuminated, flashing, or located in a required yard area, and no moving sign. In
addition, the applicant would be required to display customer notices consistent
with BMC Section 12.22.040.E. All signage would be reviewed by City planning
staff for compliance with these regulations.
Security: The applicant proposes to locate a security booth that would be staffed
during operating hours at the customer entrance, and to maintain the existing
lighting on-site, which would fully illuminate the site. In addition, the applicant
8 State Business and Professions Code, Section 26001(aj).
9 Accessibility. Retailers shall comply with all physical accessibility requirements that would be applicable to a
newly-constructed building, except that pre-existing Retailers permitted under Ordinance No. 6826-N.S. shall
not be required to comply with such requirements as long as they remain in the same location as when this
Chapter became effective, except as may be required by other laws.
10 BMC Sections 20.40.110, 20.24.030.
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 11 of 13
would be required to comply with all security measures pursuant to BMC Section
12.21.040 to ensure the safety of persons and protect the premises from theft at
all times. For example, the business would be required to maintain camera
coverage and an alarm system. During non-business hours, all exterior windows
and roof hatches must be secured, or a security guard must be provided. Finally,
all cannabis must be stored securely. The security plan would be reviewed by the
Police Department for compliance with these regulations.
IV. Community Discussion
A. Neighbor/Community Concerns: Prior to submitting the application to the City on
January 5, 2020, a pre-application posted was installed by the applicant at the project
site and the project plans were reviewed by all abutting and confronting neighbors. No
objections were stated on the site plan.
On May 14, the City mailed 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 review by the Design Review
Committee.
V. Issues and Analysis
A. Substantial expansion/change in character of an existing non-conforming
nursery use in an R-prefixed District through conversion to a Retail Nursery
Microbusiness: Pursuant to BMC Section 23C.25.040, a Use Permit is required to
allow a substantial expansion or change in character to non-conforming uses in R-
prefixed districts to convert a maximum of two existing nurseries to retail nursery
microbusiness. The issuance of this permit is subject to the Board making a finding of
non-detriment. This section requires that a proposed change of use would not be
detrimental to the health, safety, peace, morals, comfort or general welfare of persons
residing or working in the area or neighborhood of such proposed use or be detrimental
or injurious to property and improvements of the adjacent properties, the surrounding
area or neighborhood or to the general welfare of the City.
Staff Analysis: Since the buildings are located in the R-1A District and the existing
nursery is a legally non-conforming use, there no District use limitations for hours of
operation of commercial uses. The proposed Retail Nursery Microbusiness use would
expand the hours of operation from the previous nursery use by two hours per day, to
be from 9:00AM through 5:00PM daily. However, this expansion is considered minor
and is within the use limitation of the C-W district, which is adjacent to the site to the
south-southeast, which limits operating hours to 7:00AM and 11:00PM. In addition,
there would be no more than four employees and approximately three to five
customers at one time. The busiest hours would be mid-day (between 11:00AM and
2:00PM), during which time the business would conduct horticultural classes for up to
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 12 of 13
25 students, as described by the applicant and solidified in Condition of Approval #18;
therefore, the use would not be detrimental to adjacent properties.
The proposed retail nursery microbusiness use would not intensify the use of the
property or require exterior changes to the existing buildings, and is not expected to
generate traffic or parking demand in excess of the existing use. All loading activities
related to the cultivation and distribution activities would be restricted to the hours of
7:00AM through 7:00PM daily (Condition of Approval #19). Further, the property would
be screened via an existing fence and vegetation from the public right-of-way, and the
existing lighting would be directed toward the interior of the property, away from
adjacent residence (See Conditions of Approval #14, 15, and 16). In addition, the retail
nursery microbusiness would be subject to all applicable State and local laws and
regulations regarding operating standards, signage and advertising, and
neighborhood compatibility (See Condition of Approval #17).11 As such, the proposed
use would not result in a detrimental impact to the surrounding neighborhood.
A. General Plan Consistency: The 2002 General Plan contains several policies
applicable to the project, including the following:
1. Policy LU-7–Neighborhood Quality of Life, Action B: Carefully evaluate and
monitor new and existing uses to minimize or eliminate negative impacts on
adjacent residential uses.
Staff Analysis: The project is consistent with the applicable cannabis business
standards, and there would be no exterior changes to the existing buildings. The
changes proposed on the property are minor and would not create incompatibility
with the scale, character or surrounding uses in the area.
B. West Berkeley Plan Consistency: The 1993 Plan contains several policies
applicable to the project, including the following:
1. Policy C: Provide space for, and designating appropriate locations for-- in planning
and zoning policies--both neighborhood and regional serving retail businesses.
Staff Analysis: The proposed project would continue the existing non-conforming
retail/commercial land use designation under the West Berkeley Plan. The
proposed microbusiness (retail, cultivation, distribution) uses would utilize the
existing buildings and outdoor area previously in use as a nursery, with minor
alterations to the east lot in order to accommodate a customer waiting area, and
would therefore not fundamentally change the aesthetic and physical qualities of
the site.
VI. Recommendation
11BMC Section 12.21.040.I – Cannabis Businesses: General Regulations, Operating Standards, Neighborhood
Compatibility
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxZONING ADJUSTMENTS BOARD 1001 DWIGHT WAY
May 28, 2020 Page 13 of 13
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 #ZP2020-0002 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 February 5, 2020
3. Notice of Public Hearing
4. BMC Chapters 12.21 and 12.22 – Cannabis Businesses: General Regulations, and
Cannabis Business Operating Standards
Staff Planner: Ashley James, ajames@cityofberkeley.info, (510) 981-7458
File: G:\LANDUSE\Projects by Address\Dwight\1001\ZP2020-0002\DOCUMENT FINALS\2020-05-28_ZAB SR_1001 Dwight.docxYou can also read
