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2015 Blake Street - City of ...
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 DISCUSSION
                                                                                              MAY 27, 2021

2015 Blake Street
Review and comment on Draft Environmental Impact Report (EIR) for Use
Permit #ZP2020-0072 to merge seven parcels into two, demolish four
existing buildings (one residential building, an associated accessory
structure, and two nonresidential buildings), relocate and restore two
existing residential buildings with seven dwelling units, and construct two
new residential buildings: a three-story, six-unit building with two units
affordable to low income households, and a seven-story, 155-unit building
with nine units affordable to very low income households and a
subterranean garage with 93 parking spaces.

I.   Background
     A. CEQA Documentation: A Draft Environmental Impact Report (EIR) was prepared and
        is available for public comment until June 14, 2021. The Draft EIR is available for
        review online at:
        https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Boa
        rd/2015_Blake_ZP2020-0072.aspx

     B. Land Use Designations:
        • General Plan: High Density Residential (HDR)
        • Zoning: Multi-Family Residential (R-4)

     C. Zoning Permits Required:
        • Use Permit, under Berkeley Municipal Code (BMC) Section 23C.08.050.C, to
          demolish two existing nonresidential buildings that are over 40 years old;
        • Use Permit, under BMC Section 23C.08.010.B to demolish two existing dwelling
          units;
        • Use Permit, under BMC Section 23C.08.020 to demolish a duplex constructed prior
          to June 1980;
        • Use Permits, under BMC Section 23D.40.030 to construct two new multifamily
          residential buildings;
        • Use Permit, under BMC Section 23D.40.070.C to construct a new main building
          that exceeds 35’ in average height and three stories; and

     1947 Center Street, Second Floor, Berkeley, CA 94704 Tel: 510.981.7410   TDD: 510.981.7474   Fax: 510.981.7420
                                              E-mail: zab@ci.berkeley.ca.us
ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
May 27, 2021                                                                                               Page 2 of 12
         • Administrative Use    Permit, under BMC Section 23D.12.060 to allow a Joint Use
               Parking Agreement for parking spaces required for the units at 2012 and 2020
               Dwight Way during the construction of the subterranean garage.

      D. Requested Waivers/Reductions/Concessions Pursuant to State Density Bonus
         Law:
         • Waiver of BMC Section 23D.40.070.C to exceed height at Parcel 2;
         • Waivers of BMC Section 23D.40.070.D to reduce minimum front and rear yard
           setbacks at Parcel 1 and at Parcel 2;
         • Waiver of BMC Section 23D.40.070.E to exceed maximum lot coverage at Parcel
           2;
         • Waiver of BMC Section 23D.40.070.F to reduce minimum required usable open
           space within Parcel 2;
         • Waiver of BMC Sections 23D.04.080.B and 23D.04.080.C to allow rooftop
           projections that exceed the district’s height limit;
         • Waiver of BMC Section 23D.40.080 to reduce the number of required vehicle
           parking spaces; and
         • Reduction request under Government Code, §65915(p)(2) to reduce the residential
           parking ratio from one space per dwelling to 0.5 spaces per bedroom for Parcel 2;
           and
         • Concession to preserve the existing non-conforming (setbacks, lot coverage,
           useable open space, etc.) buildings at 2012 and 2020 Dwight.

      E. Parties Involved:
         • Applicant                       Laconia Development, LLC, 1981 North Broadway, Suite
                                           145, Walnut Creek
                                           c/o Mia Perkins, Rhoades Planning Group, 46 Shattuck
                                           Square, Suite 11, Berkeley

           •   Property Owner              Richard Nagler, 2019 Blake Street, Berkeley

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
May 27, 2021                                                                                               Page 3 of 12
Figure 1: Vicinity Map

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
May 27, 2021                                                                                               Page 4 of 12

Figure 2: Existing Site Plan

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
May 27, 2021                                                                                               Page 5 of 12

Figure 3: Proposed Site Plan

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
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II.   Project Setting and Description
      A. Neighborhood/Area Description: The project site is located south of the downtown
         Berkeley neighborhood and one block west of Shattuck Avenue and the Adeline
         Corridor Specific Plan boundary. The surrounding area is characterized by a mix of
         uses, including commercial and residential. Nearby commercial uses are primarily
         medical offices, including offices in converted residential buildings. Two large medical
         buildings, the Sutter Health Alta Bates Summit Medical Center and the Sutter Urgent
         Care Center, are north and west of the site, across Dwight Way and Milvia Street
         respectively. Nearby residential uses include two multifamily apartment buildings on
         the lot that abuts the site to the east on Dwight Way and two single-family residential
         buildings on the parcel that abuts the site to the east on Blake Street.

           The site is also near two other larger developments. A five-story mixed-use building at
           2029 Blake Street, east of the project site, is currently under construction. In
           September, 2020, the City approved an entitlement application for a new six-story
           senior housing development at 2000 Dwight Way, which will encompass six lots along
           Dwight Way and Milvia Street, abutting the project site to the west. Figure 3 shows the
           location of these projects.

      B. Project Site: The project site comprises seven parcels with six existing buildings.
         Three of the existing buildings, at 2011, 2015 and 2019 Blake Street, are commercial.
         The buildings at 2015 and 2019 Blake Street are rectangular one-story buildings that
         each cover an entire parcel and are separated by another parcel, currently being used
         as a surface parking lot. The one-story accessory building at 2011 Blake Street abuts
         2015 Blake Street to the west. The other three buildings, at 2001 Blake Street, and
         2012 and 2020 Dwight Way, are permitted as residential uses, but the building at 2001
         Blake Street is currently being used as medical offices. The buildings along Dwight
         Way are both two-story multifamily residential buildings and are separated by a shared
         surface parking lot. The 2012 Dwight Way building contains four units and 2020 Dwight
         Way building contains three units. The site is relatively flat and includes minimal
         landscaping, primarily at the front and side yards around the residential buildings.

           The existing building at 2019 Blake Street was used by an experimental theater troupe
           called the Blake Street Hawkeyes during the 1970s and 1980s. The Blake Street
           Hawkeyes helped established the careers of numerous well-known performers in the
           Bay Area, including Robert Ernst, John O’Keefe, David Schein, David Coates, Leonard
           Pitt, and Whoopi Goldberg. Given the site’s association with the development of
           experimental theater in the Bay Area, it is eligible for listing on the California Register
           of Historical Resources (CRHR).

      C. Project Description: The proposed project would involve the following main
         components:
         • Merging the seven parcels within the site into two: “Parcel 1,” 7,261 square feet, at
            the north portion of the site with frontage along Dwight Way and “Parcel 2,” 34,485
            square feet, at the south portion of the site with frontages along Blake Street and
            Milvia Street.
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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
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           •   Demolition of the four existing buildings in the southern portion of the site: a
               residential building and associated accessory structure at 2001 and 2011 Blake
               Street and two nonresidential buildings at 2015 and 2019 Blake Street.
           •   Relocation and rehabilitation of the two existing residential buildings at 2012 and
               2020 Dwight Way within proposed Parcel 1.
           •   Construction of two new multifamily residential buildings within proposed Parcel 2:
                 o A three-story building with six dwelling units
                 o A seven-story building with 155 residential units
           •   Construction of a subterranean parking garage below the new seven-story building
               with 93 vehicle parking spaces and 80 long-term bicycle parking spaces.
           •   15,086 square feet of usable open space in ground-level gardens and a seventh-
               floor roof deck.

           Proposed Parcel 1 – Relocation and Rehabilitation of Existing Buildings: The project
           would involve relocation and restoration of the two Victorian-style two-story multifamily
           residential buildings at 2012 and 2020 Dwight Way. Both buildings would be
           rehabilitated and shifted north and east so that they would be completely within the
           newly created Parcel 1. The number of units and overall layout within each building
           would remain the same. Seven new parking spaces for the residents of the two
           buildings would be provided in the subterranean parking garage on proposed Parcel
           2. The tenants within the existing units would be offered temporary housing by the
           developer during the relocation and rehabilitation of the buildings.

           Proposed Parcel 2 – New Residential Development: The project would also involve
           construction of two new buildings within the proposed Parcel 2. The new building at
           the southwest corner of the site at Blake Street and Milvia Street (labeled “Corner
           Multifamily Building” on Figure 3) would be three stories and would contain six dwelling
           units. The second new building (labeled “Multifamily Building” on Figure 3), which
           would occupy the greater portion of Parcel 2, extending from Blake Street northward
           to the rear of Parcel 1, would be seven stories, and would contain 155 dwelling units.
           The main entrance, lobby, and mailroom would be on the ground floor, with access
           from Blake Street, near the southeastern corner of the site. A parking garage, bicycle
           parking room, and mechanical and trash areas would be on the subterranean
           basement level.

           Access, Parking, Useable Open Space, and Amenities. The subterranean garage
           below the new seven-story building on Parcel 2 would provide off-street vehicle and
           bicycle parking spaces for residents of all buildings on the project site, including the
           two existing renovated buildings within Parcel 1. The garage would be accessed by
           vehicles from a driveway along Blake Street and would include 93 vehicle parking
           spaces (in stackers) and 80 bicycle parking spaces. Useable open space would be
           provided via gardens, gathering spaces, and other landscaped areas surrounding the
           buildings. In addition, the seven-story multifamily building would include one outdoor
           roof deck at the northern edge of the seventh floor, which would connect to an indoor
           common amenity space, including a fitness room and lounge.

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
May 27, 2021                                                                                               Page 8 of 12

III. Background
      Because the project would involve demolition of the building at 2019 Blake Street, which
      is a historical resource under CEQA, the City determined that preparation of an EIR would
      be required.

      On January 11, 2021, the City circulated a Notice of Preparation (NOP) notifying
      responsible agencies and interested parties that an EIR would be prepared for the project
      and indicated the environmental topics anticipated to be addressed in the EIR. A public
      scoping session was held for the Draft EIR at the ZAB on January 28, 2021. The NOP
      and the comments received during the scoping period are included in Appendix NOP of
      the Draft EIR. A summary of comments received is also included in Chapter 1,
      Introduction, of the Draft EIR.

      The Draft EIR for the proposed project is currently available for public review. The required
      45-day public comment period for the Draft EIR began on April 30, 2021, and ends on
      June 14, 2021, at 5:00 p.m. The Notice of Availability and Public Hearing of a Draft EIR
      was sent to California State Clearinghouse, Alameda County Clerk, and other interested
      agencies and parties. Staff posted three notices at and around the project site. The Draft
      EIR is available for review online at:
      https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Board/
      2015_Blake_ZP2020-0072.aspx.

      The purpose of tonight’s meeting is to review and comment on the Draft EIR. No action
      will be taken on the project at this meeting. The Final EIR, which consists of the Draft EIR
      and the Response to Comments document, will return to the ZAB for a decision on
      certification. Following certification of the Final EIR, the ZAB can deliberate on the Use
      Permit. Staff has received a letter from the applicant team requesting that Mitigation
      Measure CR-4, Project Branding and Signage, be removed. See attachment 3, and the
      discussion below in Section IV.B.

Table 1: Key Milestones in EIR Process (dates in italics are tentative)
         Date                                   Action
         January 11, 2021                       Notice of Preparation (NOP) released
         January 28, 2021                       ZAB Preview and Scoping meeting
         February 10, 2021                      End of 30-day NOP comment period
         April 30, 2021                         Publication of Draft EIR and Notice of Availability
         May 27, 2021                           ZAB Hearing on Draft EIR
         June 14, 2021                          End of 45-day Draft EIR comment period
         Fall 2021                              ZAB hearing on Use Permit and Final EIR certification

IV. Contents of Draft EIR

      A. Environmental Effects. An Initial Study (IS) is a preliminary analysis which is
         prepared to determine the environmental impacts associated with a proposed project.
         As discussed in the Initial Study (circulated with the NOP on January 11, and included
         as Appendix IS to the Draft EIR), the proposed project would have no physical

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
May 27, 2021                                                                                               Page 9 of 12

           environmental impacts related to agriculture and forestry resources, mineral
           resources, and wildfire. Impacts related to air quality, biological resources, energy,
           greenhouse gas emissions, hazards and hazardous materials, hydrology and water
           quality, land use and planning, noise, population and housing, public services,
           recreation, transportation, tribal cultural resources, and utilities and service systems
           would be less than significant. Impacts related to geology and soils would be less than
           significant with incorporation of mitigation measures related to paleontological
           resources. The Initial Study concludes that impacts related to historic resources would
           be potentially significant and that an EIR is required.

           The Draft EIR evaluates impacts related to the historic resource on the site, including
           its association with development of experimental theater in the Bay Area, in detail (see
           Draft EIR pages 37-50) and identifies the following potential impacts:

           Impact CR-1 (significant and unavoidable). The proposed project would involve
           demolition of a historical resource at 2019 Blake Street, which is eligible for the CRHR
           and local designation. Mitigation Measures CR-1 through CR-4 would reduce the
           severity of the project’s impact on historical resources. However, because the project
           would involve demolition of a historical resource, even with implementation of
           mitigation, this impact would be significant and unavoidable.

      B. Cultural Resources Mitigation Measures. When a project would result in a
         significant impact under CEQA, mitigation measures are required to reduce that impact
         to a less than significant level. However, in this case, where the historical resource
         (the building) is to be demolished, there is no mitigation measure that will reduce the
         impact to a less than significant level. Nevertheless, measures should still be
         implemented to mitigate the loss. Mitigation measures must be related to the impact
         (there must be a “nexus” between the impact and mitigation measure) and they must
         be of a similar order of magnitude (“rough proportionality”).

           The Draft EIR identifies four mitigation measures that would reduce impacts on the
           historical resource. The loss of a historic experimental theater, specifically one that is
           expressed as a use and not a building, is an infrequent impact for the City to mitigate.
           The mitigation measures were developed by city staff and based on several
           recommendations by the Landmarks Preservation Commission (LPC), with the intent
           to honor, preserve and make visible the unique historic use. The mitigation in the Draft
           EIR are summarized below; Section 4.1, Cultural Resources, of the Draft EIR includes
           a complete discussion of mitigation.

           1. Mitigation Measure CR-1 Building Recordation. Prepare archival documentation of
              Blake Street to be offered to repositories that will make it available for current and
              future generations, including the City of Berkeley, the Environmental Design
              Library at University of California, Berkeley, and the Berkeley Architectural
              Heritage Association. The documentation shall follow the general guidelines of
              Historic American Building Survey (HABS)-Level III documentation.

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
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           2. Mitigation Measure CR-2 Blake Street Hawkeyes Recordation. Prepare additional
              archival documentation of the history of the Blake Street Hawkeyes and its
              individual members, including the HABS-level documentation required under
              Mitigation Measure CR-1, interviews with former members of the Blake Street
              Hawkeyes, and additional relevant materials such as memorabilia, photographs,
              and newspaper articles. The documentation shall be completed by a qualified
              architectural historian and offered to the Berkeley Historical Society.

           3. Mitigation Measure CR-3 Interpretive Installation. Install an interpretive installation,
              such as a plaque and/or other permanent exhibit or display, at the site discussing
              the history of the building, its significance, and important details and features, but
              with an emphasis on the history of the Blake Street Hawkeyes. The design and
              content of the installation shall be presented to the Civic Arts Commission for
              review and comment, prior to review and approval of building permits by City of
              Berkeley Planning Division staff, including the Landmarks Preservation
              Commission Secretary.

           4. Mitigation Measure CR-4 Project Branding and Signage. Incorporate the name
              “Hawkeye” or other words that would invoke the cultural history of the site into
              project branding, including building names, on-site signage, and marketing
              materials to make the history of the site more visible in the City of Berkeley. Draft
              materials shall be presented to the Civic Arts Commission for review and comment,
              prior to review and approval of building permits by City of Berkeley Planning
              Division staff, including the Landmarks Preservation Commission Secretary. The
              approved branding and signage shall be maintained for at least the first ten years
              of the operation of the residential development.

           As noted above, the applicant team has submitted a letter (see attachment 3), which
           requests that the requirement related to project branding described in Mitigation
           Measure CR-4 be removed. The applicant’s marketing team believes that including
           “Hawkeyes” in the project name will not be successful. Instead, the applicants propose
           to name the outdoor area near the main entrance of the proposed seven-story building
           the “Blake Street Hawkeyes Plaza.” Staff requests discussion from the ZAB about
           whether this mitigation measure should be revised. The measures above were
           developed with input from the Landmarks Preservation Commission and Secretary,
           the Civic Arts Commission Secretary, and Planning staff and community members.
           Staff believes that this mitigation measure would effectively promote visibility of the
           significance of the Blake Street Hawkeyes to the site and the City’s history; however,
           staff understands that there may be other ways to further these goals.

      C. Related Project Conditions of Approval and Entitlement Requirements. While not
         CEQA mitigation measures, there are three elements of the entitlement process that
         also relate to honoring, preserving and making visible the unique historic use. As
         described in application materials and summarized in the Draft EIR, the applicant team
         has proposed a $5,000 annual grant over a 20-year period (all funded in advance), for
         emerging actors who are recent performing-art graduates just starting their careers, to
         be administered by the Berkeley Repertory Theater. The intention of this grant is to be

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
May 27, 2021                                                                                              Page 11 of 12

           a living tribute to the rich history of the Blake Street Hawkeyes. Implementation of the
           grant would be memorialized as a project Condition of Approval. Please know that
           during the entitlement hearing(s), staff will suggest that ZAB and the applicant discuss
           the possibility that the grant be administered by the Shotgun Players, T1U
           (TheatreFIRST), or another performing arts organization who have an existing grant
           program and are more in-line with the work of the Blake Street Hawkeyes.

           The applicant team has also proposed to use available Blake Street Hawkeye
           memorabilia to create story boards that depict the history of the group and to display
           the story boards and photographs of the theater group in designated areas in the
           residential lobby. Please know that during the entitlement hearing(s), staff will suggest
           that ZAB and the applicant discuss the possibility of refining this proposal so that
           materials which are difficult to archive are displayed in the project, but the majority of
           materials are archived with the Berkeley Historical Society, as required under
           Mitigation Measure CR-2, so that they are available to the public.

           The proposed project is subject to BMC Section 23C.23, Percent for Public Art. Under
           this requirement, the applicant has the choice to install on-site publicly accessible art
           or pay a fee in-lieu of installing on-site artwork. At this time, the applicant has proposed
           to pay the in-lieu fee. Please note that during the entitlement hearing(s), staff will
           suggest that ZAB and the applicant discuss the possibility of providing the art on-site,
           as another way to visually, publicly, and creatively pay homage to the Blake Street
           Hawkeyes. If the applicant chooses to install on-site art pursuant to this requirement,
           the art would be subject to review and approval by the Civic Arts Commission.

      D. Alternatives. The CEQA Guidelines require analysis of a reasonable range of
         alternatives to the project, and these alternatives should avoid, or substantially lessen,
         any of the significant effects of the project and should attain most of the project’s basic
         objectives, when feasible. The range of alternatives required in an EIR is governed by
         a “rule of reason” that requires the EIR to set forth only those alternatives necessary
         to permit a reasoned choice. The Draft EIR analyzes three alternatives:

           1. No Project Alternative. Consistent with Section 15126.6(e)(2) of the CEQA
              Guidelines, under the No Project Alternative, the project site would remain in its
              existing condition and continue to operate as a two-story commercial building.

           2. Retain 2019 Blake Street Building, Relocate 2012 and 2020 Dwight Way Buildings,
              and Construct New Buildings. Under Alternative 2, demolition of the building at
              2019 Blake Street would not occur, and operation of the existing nonresidential use
              within the preserved building would continue. To accommodate the same number
              of new units (161) within a smaller area, the central new building would be nine
              stories (two stories taller than under the proposed project), and the subterranean
              parking garage would accommodate approximately 71 parking spaces
              (approximately 22 fewer than under the proposed project).

           3. Retain 2019 Blake Street Building, Demolish 2012 and 2020 Dwight Way Buildings,
              and Construct New Buildings. Under Alternative 3, demolition of the building at

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ZONING ADJUSTMENTS BOARD                                                                           2015 BLAKE STREET
May 27, 2021                                                                                              Page 12 of 12

               2019 Blake Street would not occur, and operation of the existing nonresidential use
               within the preserved building would continue. In addition, the buildings at 2012 and
               2020 Dwight Way would be demolished to accommodate the site area that would
               be dedicated to retaining the 2019 Blake Street building and avoid the need for
               additional height at the proposed larger residential building to achieve the project’s
               proposed residential density.

           Other than the No Project Alternative, both Alternative 2 and Alternative 3 would be
           environmentally superior because they would eliminate the unavoidably significant
           cultural impact associated with demolition of an eligible historical resource. Chapter 6,
           Alternatives, of the Draft EIR includes a complete discussion of these alternatives and
           of alternatives that were rejected for various reasons.

V. Recommendation
      Staff recommends that the ZAB hold a public hearing to allow public comment on the Draft
      EIR and provide comments on the Draft EIR. The ZAB may make a motion reflecting the
      comments of the ZAB as a whole, and/or individual ZAB members may offer comments.
      All comments pertaining to environmental issues under CEQA will be recorded and
      responded to in the Response to Comments document, which is tentatively scheduled for
      publication in the summer of 2021.

Attachments:
1. Notice of Availability of the Draft EIR
2. Draft EIR
       Appendices to the Draft EIR are available on the project webpage:
       https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Board/2015_Blake_ZP
       2020-0072.aspx
3. Project Plans, received December 9, 2020
4. May 3, 2021 Letter from Applicant

Contract Planner: Lucy Sundelson, LSundelson@rinconconsultants.com, (510) 836-8799
Staff Planner: Sharon Gong, SGong@cityofberkeley.info, (510) 981-7429

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