2580 Bancroft Way - The Fred Turner Building Site - City of Berkeley
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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 24, 2018 2580 Bancroft Way - The Fred Turner Building Site Review and comment on the Draft Environmental Impact Report for Use Permit #ZP2017-0083 to demolish the building at 2558-2588 Bancroft Way and demolish the rear half of the Fred Turner Building, a City Landmark, at 2546-2554 Bancroft Way; and to construct a new mixed-use building with approximately 122 dwelling units and 11,000 square feet of ground-floor commercial space, and 37 commercial parking spaces in a subterranean garage. I. Application Basics A. CEQA Determination: A Draft Environmental Impact Report (EIR) was prepared and is available for public comment until June 1, 2018. Copies of the Draft EIR are available for review at the City of Berkeley Planning and Development Department, 1947 Center Street, 2nd Floor, Berkeley. Copies are also available at the Berkeley Main Public Library Reference Desk, 2090 Kittredge Street, or online at: https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Boa rd/2580_Bancroft.aspx. B. Land Use Designations: • General Plan: AC – Avenue Commercial • Zoning: C-T– Telegraph Avenue Commercial C. Owner and Applicant: Owner: Landmark Properties, Inc. Applicant: Dave Johnson 455 Epps Bridge Parkway Johnson Lyman Architects Athens, GA, 30606 1375 Locust Street #202 Walnut Creek, CA 94596 D. Zoning Ordinance Permits Required: • Use Permit to demolish a non-residential building, under BMC 23C.08.050.A • Use Permit to establish dwelling units, under BMC Section 23E.56.030 • Use Permit to create new gross floor area over 1,500 square feet, under BMC Section 23E.56.050.A.2 1947 Center Street, Second Floor, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: LMendez@CityofBerkeley.info
2580 BANCROFT MIXED-USE PROJECT ZONING ADJUSTMENTS BOARD Page 2 of 8 MAY 24, 2018 • Use Permit to increase the FAR to a maximum of 6.0 and a maximum height of 75 feet, under BMC Section 23.E56.070.B.3 • Use Permit to establish a commercial parking structure, under BMC Section 23E.56.030 • Administrative Use Permit to allow architectural projections (e.g. elevator enclosures) to exceed the height limit, under BMC 23E.04.020.C E. Waivers of Development Standards Under State Density Bonus Law: • To increase in maximum building height from 75 feet to 86 feet • To permit dwelling units on the ground floor F. Permits Subject to Review by the Landmark Preservation Commission (LPC): • Structural Alteration Permit to allow alteration and construction on a designated landmark site for which a City permit is required, under BMC Section 3.24.200. Figure 1 : Site Vicinity/Zoning District Detail Subject Site
ZONING ADJUSTMENTS BOARD 2580 BANCROFT MIXED-USE PROJECT MAY 24, 2018 Page 3 of 8 Figure 2: Vicinity Map \\cobnas1\Planning$\LANDUSE\Projects by Address\Bancroft\2580\ZP2017-0083\Working\ZAB DEIR May 24, 2018\2018-05-24_ZAB_2580_Bancroft_DEIR.docx
2580 BANCROFT MIXED-USE PROJECT ZONING ADJUSTMENTS BOARD Page 4 of 8 MAY 24, 2018 II. Site/Project Description The project site is located at 2546-2588 Bancroft Way within the Southside Plan area. The rectangular parcel (Assessor’s Parcel Number [APN] 55-1877-19-2) encompasses 29,032 square feet (0.67 acres) and is located on the south side of Bancroft Way, mid- block between Telegraph Avenue to the west and Bowditch Street to the east. The project site is within 500 feet of two UC Berkeley Bear Transit Shuttle bus stops, several AC Transit bus lines, and approximately 0.7-mile east of the Downtown Berkeley BART Station. The site is fully developed with two existing commercial buildings: the Bancroft Center at 2558-2588 Bancroft Way, home of Avant-Card, Copy Central, Party Haven, the House, and Bancroft Parking Garage; and the Fred Turner Building at 2546-2554 Bancroft Way, home of Double Rainbow Café, Indian Flavors Express, and Francesca’s. Existing development surrounding the project site is primarily institutional (university) and commercial (retail and restaurant). Immediate adjacent properties include commercial uses: Urban Outfitters to the east (2590 Bancroft Way) and Bancroft Clothing to the west (2530 Bancroft Way). Bancroft Way borders the project site to the north, immediately followed by the UC Berkeley campus. UC Berkeley recreation uses— Hearst Field Annex and Hearst Memorial Gymnasium—are across Bancroft Way from the project site. To the south of the project site, land uses include several restaurants (Kingpin Donuts, Sweetheart Cafe, Bear’s Ramen House, Steve’s Korean Bar-B-Que, Gypsy’s Trattoria Italiana, Pancho’s Mexican Grill), three apartment buildings (2525, 2531 and 2539 Durant Avenue), and a church (St. Joseph of Arimathea). The project would involve demolition of the Bancroft Center, including the 44-space subterranean parking garage, and partial demolition of the southern half (rear) of the Fred Turner Building, followed by construction of, a new mixed-use building. The front façade and inner courtyard of the Fred Turner Building would be repaired, rehabilitated, and incorporated into the new building. The new development would be eight stories tall with a gross floor area of approximately 171,000 square feet. Uses would include ground-floor commercial space, amenities for residents, and 122 dwelling units. The building would have a proposed Floor Area Ratio of 5.1 and rear and side setbacks of up to 5 feet. The project would include a subterranean 37-space commercial parking garage located on the eastern portion of the site, similar to the location of the existing parking garage. Vehicle access to the garage would occur through a ramp located east of the Fred Turner Building, similar to existing access. The project would also include approximately 56 bicycle parking spaces.
ZONING ADJUSTMENTS BOARD 2580 BANCROFT MIXED-USE PROJECT MAY 24, 2018 Page 5 of 8 Please see the Notice of Availability (NOA) (Attachment 1) and project plans (Attachment 2 and 3) for more project information. The NOA and other project materials including the plan set are also available on the project website at: https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Board/ 2580_Bancroft.aspx III. Background On October 3, 2017, 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 hearing of October 26, 2017 and at the LPC on November 2, 2018. The NOP and the comments received during the scoping period are included in Appendix B of the Draft EIR together with a transcript of the verbal comments from the scoping hearing. 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 17, 2018, and ends on June 1, 2018, at 5:00 p.m. See Table 1 below for key milestones in the EIR process. The Notice of Availability and Public Hearing of a Draft EIR was mailed to responsible agencies, interested parties and owners within a 300-foot radius around the project site. Staff posted six notices at and around the project site. Copies of the Draft EIR are available for review Monday through Friday, between the hours of 8:30 a.m. and 4:00 p.m. at the City of Berkeley Planning and Development Department, 1947 Center Street, 2nd Floor, Berkeley. Copies are also available at the Berkeley Main Public Library Reference Desk, 2090 Kittredge Street or online at: https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Board/ 2190_Shattuck.aspx. The purpose of tonight’s meeting is to review and comment on the Draft EIR. The DEIR was reviewed at LPC on May 3, 2018. No action will be taken on the project at this time. 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. \\cobnas1\Planning$\LANDUSE\Projects by Address\Bancroft\2580\ZP2017-0083\Working\ZAB DEIR May 24, 2018\2018-05-24_ZAB_2580_Bancroft_DEIR.docx
2580 BANCROFT MIXED-USE PROJECT ZONING ADJUSTMENTS BOARD Page 6 of 8 MAY 24, 2018 Table 1: Key Milestones in the EIR Process (dates in italics are tentative) Task/Event Date Notice of Preparation (NOP) released October 3, 2017 EIR Scoping Session at ZAB October 26, 2017 EIR Scoping Session at LPC November 2, 2017 End of 30-day NOP comment period November 3, 2017 Publication of Draft EIR and Notice of Availability April 17, 2018 LPC Hearing on DEIR May 3, 2018 ZAB Hearing on DEIR May 24, 2018 Close of Draft EIR comment period (5:00 p.m.) June 1, 2018 ZAB hearing on Final EIR certification LPC hearing on SAP Fall 2018 ZAB hearing on Use Permit IV. Draft Infill Environmental Impact Report (EIR) Pursuant to the California Environmental Quality Act (CEQA), an EIR is required when a project may have a significant impact on the physical environment, and that impact cannot be reduced to a less-than-significant level through mitigation. The EIR is intended to inform decision makers and the general public of project impacts and potential alternatives that would avoid or reduce those impacts. Following is a summary of key points from the proposed project’s Draft EIR: A. Streamlined CEQA Process for Infill Projects. The project qualifies for “streamlined review” under CEQA Guidelines Section 15183.3, which is intended “to streamline the environmental review process for eligible infill projects by limiting the topics subject to review at the project level where the effects of infill development have been addressed in a planning level decision or by uniformly applicable development policies.” 1 In order to be eligible for streamlined review, a project must be located on an urbanized site, satisfy certain performance measures, and be consistent with the policies of a “sustainable communities strategy” adopted for the project area. 2 When a project qualifies for streamlined review but would have new potentially significant impacts that were not addressed in the prior planning level decision or that cannot be “substantially mitigated by uniformly applicable development policies,” such impacts must be analyzed through the normal EIR review process. In the case of the proposed project, the primary planning level decision is the adopted Southside Plan, and the referenced environmental documentation is the 2011 Southside Plan Final EIR. 1 CEQA Guidelines Section 15183.3(a). 2 “Sustainable Communities Strategy” (SCS) refers to a greenhouse gas emission reduction strategy adopted by a metropolitan planning organization pursuant to Government Code Section 65080. In the case of Downtown Berkeley, the applicable SCS is found in Plan Bay Area, which was adopted by the Association of Bay Area Governments and the Metropolitan Planning Commission in July 2013.
ZONING ADJUSTMENTS BOARD 2580 BANCROFT MIXED-USE PROJECT MAY 24, 2018 Page 7 of 8 B. Environmental Effects. The Draft Infill Environmental Checklist (included as Appendix A to the Draft EIR) identified no impacts or less-than-significant impacts to the following environmental issues: Aesthetics; Agriculture and Forestry Resources; Air Quality, Biological Resources; Geology and Soils; Greenhouse Gas Emissions; Hazards and Hazardous Materials; Hydrology and Water Quality; Land Use and Planning; Mineral Resources; Noise and Vibration; Parks and Recreation; Population and Housing; Public Services, Transportation and Traffic; Utilities and Service Systems; and Tribal Cultural Resources. The Draft EIR evaluates the following environmental issue in detail: • Cultural (Historic Resources) Impacts related to cultural resources would be significant and unavoidable after mitigation. The potentially significant impacts and mitigation measures are summarized below. Chapter IV, Cultural Resources Impact Analysis, identifies two potential cultural resource impacts from the project: 1. Impact CULT-1 (significant and unavoidable): The demolition of a portion of a Berkeley Landmark, the Fred Turner Building, may cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064-5. Although mitigation is required (three-part Mitigation Measure CULT-1), impacts would remain significant and unavoidable. 2. Impact CULT-2 (significant and unavoidable): The Project would be inconsistent with General Plan Policy LU-2: Preservation and Southside Plan Policy LU-F14, both of which pertain to the preservation of historic buildings. Although mitigation is required (three-part Mitigation Measure CULT-1), impacts would remain significant and unavoidable. Follows is a summary of the measures proposed to mitigate the impacts: documentation of the affected historical resource, preparation of a site-specific historic preservation treatment plan with implementation and monitoring; and installation of an on-site plaque or interpretive display. C. Alternatives. The CEQA Guidelines require analysis of a reasonable range of alternatives to the project that avoid, or substantially lessen, one or more of the significant effects of the project and feasibly attain most of the project’s basic objectives. 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 analyzed two 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. 2. Preservation Alternative. Under the Preservation Alternative, the project site would have the same intensity and density as the proposed project. It would eliminate all the development on the Fred Turner Building and would not include \\cobnas1\Planning$\LANDUSE\Projects by Address\Bancroft\2580\ZP2017-0083\Working\ZAB DEIR May 24, 2018\2018-05-24_ZAB_2580_Bancroft_DEIR.docx
2580 BANCROFT MIXED-USE PROJECT ZONING ADJUSTMENTS BOARD Page 8 of 8 MAY 24, 2018 any façade restoration or improvements. It would increase the height by an additional two stories. Because the Preservation Alternative does not propose to modify the Fred Turner Building, it would eliminate the two potential cultural resource impacts. Other than the No Project Alternative, the Preservation Alternative is identified as the Environmentally Superior Alternative. Chapter 5, 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 also 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 2018. Attachments and web links: 1. Notice of Availability of the Draft EIR 2. Draft project plans for proposed new building, the Standard - Structural Alteration Permit #LMSAP2017-0007, distributed previously on March 1, 2018: https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_- _LPC/2018-03-01_LPC_ATT3_2580%20Bancroft_Project%20Plans.pdf 3. Draft project plans for the Fred Turner Building re-habilitation - Structural Alteration Permit #LMSAP2017-007, distributed previously on April 4, 2018: https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_- _LPC/2018-04-05_RESUB_Plans_2580%20Bancroft.pdf Staff Planners: Leslie Mendez, Senior Planner, LMendez@CityofBerkeley.info, (510) 981-7426
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