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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 File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
ZONING ADJUSTMENTS BOARD 2015 BLAKE STREET May 27, 2021 Page 3 of 12 Figure 1: Vicinity Map File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
ZONING ADJUSTMENTS BOARD 2015 BLAKE STREET May 27, 2021 Page 4 of 12 Figure 2: Existing Site Plan File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
ZONING ADJUSTMENTS BOARD 2015 BLAKE STREET May 27, 2021 Page 5 of 12 Figure 3: Proposed Site Plan File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
ZONING ADJUSTMENTS BOARD 2015 BLAKE STREET May 27, 2021 Page 6 of 12 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. File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
ZONING ADJUSTMENTS BOARD 2015 BLAKE STREET May 27, 2021 Page 7 of 12 • 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. File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
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 File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
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. File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
ZONING ADJUSTMENTS BOARD 2015 BLAKE STREET May 27, 2021 Page 10 of 12 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 $5,000 annual grant over a 20-year period (all funded in advance), for emerging actors who are recent performing-art graduates just starting their careers, to be administered by the Berkeley Repertory Theater. The intention of this grant is to be File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
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 File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
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 File: \\cobnas11\Planning$\LANDUSE\Projects by Address\Blake\2015\ZP2020-0072\WORKING\2021-05-27 DEIR Hearing\2021-05- 27_ZAB_DEIR Staff Report_2015 Blake.docx
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