2212 Tenth Street - Berkeley, California...2017/02/09 · DECEMBER 8, 2016 2212 Tenth Street Use...

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

2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]

FOR BOARD ACTION DECEMBER 8, 2016

2212 Tenth Street

Use Permit #ZP2016-0129 to (1) demolish an existing 1,080 square foot, single-family dwelling and detached accessory structure, (2) construct two new detached, two-story dwellings totaling approximately 3,991 square feet, and (3) increase the number of bedrooms on the site from two to eight.

I. Background

A. Land Use Designations: General Plan: LMDR - Low Medium Density Residential Zoning: R-1A – Limited Two-Family Residential

B. Zoning Permits Required: Use Permit with Public Hearing, under Berkeley Municipal Code (BMC) Section

23C.08.010, to demolish a dwelling; Use Permit with Public Hearing, under BMC Section 23D.20.030, to construct two

dwellings; and Use Permit with Public Hearing, under BMC Section 23D.20.050.A, to construct six

or more bedrooms on a single parcel.

C. CEQA Determination: Categorically exempt pursuant to Sections 15303 (NewConstruction or Conversion of Small Structures) and 15332 (In-Fill DevelopmentProjects), of the CEQA Guidelines.

D. Parties Involved:

Applicant John Newton, Architect 5666 Telegraph Avenue, Suite A, Oakland CA 94609

Property Owner Alon Danino1493 Firebird Way, Sunnyvale, CA 94087

ATTACHMENT 4 ZAB 02-09-17 of 14

ZONING ADJUSTMENTS BOARD 2212 TENTH STREET December 8, 2016 of 14

G:\LANDUSE\Projects by Address\Tenth\2212\ZP2016-0129\Document Finals\ZAB December 8, 2016

Figure 1: Vicinity Map

Note: The subject site and surrounding parcels shown above are located in the R-1A District.

ATTACHMENT 4 ZAB 02-09-17 Page 2 of 14



Figure 2: Aerial Map

Figure 3: Existing Site Plan

Figure 4: Proposed Site Plan

Subject

Property




Table 1: Land Use Information Location Existing Use Zoning District General Plan Designation

Subject Property Single Family Dwelling with a detached garage

R-1A LMDR Surrounding Properties

North

Single Family Dwellings South

East

West

Table 2: Special Characteristics

Characteristic Applies to Project?

Explanation

Creeks No The project site is not within a creek buffer.

Green Building Score Yes The applicant submitted a GreenPoint checklist for the project. The minimum required points are 50 out of a possible 342 points, and the checklist indicates a score of 115 points.

Historic Resources No

The project site is not designated as a Landmark by the City and has not previously been surveyed individually for historical significance under local, state, or federal historic significance criteria. However, because the project would demolish the existing structure, the applicant was required to prepare an Historic Resources Evaluation (HRE). According to the HRE submitted on June 16, 2016, the existing dwelling was constructed in approximately 1909 and was moved to this location in 1950. The structure is finished with a wood frame and wood board siding while the detached garage consists of a mixture of stucco finish and wood siding with a pair of plywood doors, and a hip roof with a shallow overhang.

According to the HRE, the dwelling does not directly contribute to any significant historic events or trends, is not the work of a master architect or builder, and there is no evidence to suggest that the previous property owners were considered important to history, or that the site may yield important information about prehistory or history. The project was referred to the Landmarks Preservation Commission Staff (LPC) for comment. The LPC Staff did not identify the existing dwelling as an historic resource.

Housing Accountability Act (Gov’t Code Section 65589.5)

Yes Project is a “Housing development project” consisting of dwelling units only. See Section V.A.

Oak Trees No None on the project site.

Seismic Hazards Mapping Act (Liquefaction, Fault-rupture, Landslide)

Yes

The project site is located within an area susceptible to liquefaction as shown on the State Seismic Hazard Zones map. On October 6, 2016, the applicant submitted a geotechnical report, which determined that the land is suitable for the proposed new construction. The report identified the potential hazards of seismic shock and differential settlement, as is common for sites in the vicinity of the project. The report recommended shallow footings supported at depths of at least 18 inches, along with recommendations for site preparation, grading, pavement type, and drainage. Implementation of these recommendations are required by COA #14.




Characteristic Applies to Project?

Explanation

Soil/Groundwater Contamination

No The project site is not located in the City’s Hazards Management Area and the site is not on any list maintained pursuant to the Cortese List.

Table 3: Project Chronology Date Action

June 28, 2016 Application submitted

October 26, 2016 Application deemed complete

November 22, 2016 Public hearing notices mailed/posted

December 8, 2016 ZAB hearing

Table 4: Development Standards Standard

BMC Sections 23D.20-070-080 Existing Proposed Total

Permitted/

Required

Lot Area (sq. ft.) 5,200 No Change 5,000 min.

Gross Floor Area (sq. ft.) 1,080 3,911 n/a

Dwelling Units Total 1 2 2 max.

Affordable n/a n/a n/a

Building Height

Average 14’ - 8” 22’ - 2” (Front)

21’ - 2” (Rear) 28’ max.

Maximum 17’ - 10” 24’ - 1” (Front)

22’ - 10” (Rear) n/a

Stories 1 2 3 max.

Building Setbacks

Front 28’ - 3” 20’ 20’ min.

Rear 53’ - 1” 15’ 20’ min.1

Left Side 4’ - 3” 10’ to 12’ (Front)

4’ - 1” (Rear) 4’ min.

Right Side 3” to 6’-11’ 4’ (Front)

4’ - 1” (Rear) 4’ min.

Lot Coverage (%) 21 39.7 40 max.

Usable Open Space (sq. ft.) 2,196 1,311 800 min.

(400 per D.U.)

Parking Automobile 1 2 2 min.

(1 per D.U.)

1. Per BMC Section 23D.20.070.D.4, the required Rear Yard and/or Side Yard of a lot in those portions of the District west of San Pablo Avenue may be reduced to construct a Dwelling Unit. Please refer to Section V.C for details.




II. Project Setting A. Neighborhood/Area Description: The site is located on Tenth Street (on the block

bound by Bancroft Way to the south; Tenth Street to the east; Allston Way to the north and Ninth Street to the west) in a residential area comprised predominantly of one- and two-story, single- and two-family dwellings. The site is within walking distance of the San Pablo Avenue commercial corridor (C-W District) one block east. San Pablo Avenue is identified in the General Plan as a Primary Route and is well served by transit that provides direct north/south access to Albany, El Cerrito, Emeryville and Oakland as well as local service within Berkeley.

B. Site Conditions: The site consists of a 40-foot by 130-foot, 5,200-square-foot parcel. A single-story, approximately 1,080-square-foot, single-family dwelling is located towards the southeast portion of the parcel. There is a curb cut with a driveway along the north side of the property, which leads to a detached one-car garage to the rear of the existing dwelling. Two California Plum (prunus subcordata) trees are located in the rear yard.

III. Project Description The project would demolish the existing single-family dwelling unit and detached garage to construct two dwelling units. The new dwelling units would be built in a traditional architectural style, with a combination of gable and flat roof forms, and projecting bays. The finishes are proposed as grey stucco, board and batten siding, shingle roofs, and standing seam metal canopies at the front porches. In addition to the development standards shown in Table 4, the proposed dwellings would have the following characteristics:

Front dwelling would be two stories and 1,839 square feet in size, with four bedrooms, two bathrooms and an attached enclosed 195-square foot, one-car garage.

Rear dwelling would be two stories and 1,959 square feet in size, with four bedrooms, and two bathrooms. To serve this dwelling, one uncovered parking space would be provided in front of the dwelling. A permeable driveway would connect this dwelling to the street.

The existing 12-foot curb cut would be removed and a new curb cut would be constructed near the southern property line to accommodate utility hook-ups and a new driveway. The two existing California Plum trees on the project site would be removed and replaced with three 15-gallon trees: one Flowering Plum and two Japanese Maples. A two-foot wide landscape strip along the southern edge of the driveway and another at the northeastern corner of the site would be installed with a mix of shrubs: Pacific Wax Myrtle (myrica california), Mexican Bush Sage (salvia leucantha), Royal Cape (royal cape), and Julia Phelps (ceanothus julia phelps). Usable open space areas would be provided in the front yard, between the two dwellings, and in the rear yard.




IV. Community Discussion A. Neighbor/Community Concerns: Prior to submitting this application to the city in

June 2016, the applicant posted a pre-application sign at the project site and reviewed the project with all abutting and confronting neighbors. Neighbor concerns are listed on the original site plan submittal and include: shadow and sunlight access impacts, and overall building height. The applicant has elected not to use mediation services. The applicant did modify the site plan to increase the rear yard setback and reduce the width of the curb cut and driveway following the initial submittal, in response to staff concerns. On November 22, 2016, the City mailed public hearing notices to property owners and occupants within a 300-foot radius of the project site, and to interested neighborhood organizations and the City posted notices within the neighborhood in three locations. At the time of this writing, staff has received one communication regarding the project from the abutting neighbors (2210 Tenth Street). These neighbors express concerns about the scale of the development and the shade impacts on their house and yard, identifying an unreasonable obstruction of sunlight. The neighbor explain that there are only two rooms in their abutting 1-story home, and that the two south-facing windows would lose sunlight all day during the fall, winter, and spring, as a result of the project; additionally, the yards and garden would be shaded, limiting the kinds of plants they can grow. The communication states that the neighbors have explained these concerns to the applicants, but no changes or additional information has been provided as a result. The full communication has been provided as Attachment #4.

B. Committee Review: This project is not subject to advisory committee review.

V. Issues and Analysis A. Housing Accountability Act Analysis: Due to recent settlement, Bay Area Renter’s

Federation, et al. vs. City of Berkeley, the City must now conduct a Housing Accountability Act analysis for all Use Permits proposing the construction of new dwelling units. The Housing Accountability Act (California Government Code Section 65589.5) requires that when a proposed housing development complies with the applicable, objective general plan and zoning standards, but a local agency proposes to deny the project or approve it only if the density is reduced, the agency must base its decision on written findings supported by substantial evidence that:

1. The development would have a specific adverse impact on public health or safety unless disapproved, or approved at a lower density;1 and

2. There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density.

1 As used in the Act, a “specific, adverse impact” means a “significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, polices, or conditions as they existed on the date the application was complete.




The project has three proposed elements which do not comply with applicable, objective general plan and zoning standards in the zoning ordinance as follows:

Demolition of an existing dwelling unit;

The creation of 6 or more bedrooms on a parcel; and,

Rear yard reduction.

Therefore, the findings required by § 65589.5(j) do apply to this project.

B. Compatibility with District Purposes: The purposes of the Limited Two-Family Residential (R-1A) District are to:

1. Recognize and protect the existing pattern of low medium density residential areas characterized by reasonable open and spacious type of development in accordance with the Master Plan Policy;

2. Protect adjacent properties from unreasonable obstruction of light and air; 3. Allow flexibility in the use of property for residential purposes by permitting two

Dwelling Units on one lot under limited conditions; and 4. In those portions of the District west of San Pablo Avenue, appropriately

regulate the rear and side yards for the construction of a Dwelling Unit. The Low to Medium Density Residential land use classification in the General Plan is characterized by “single-family and small multi-family structures with two or three units”. The density of the R-1A District ranges from 22 – 44 persons per acre, compared to 22 persons in the Low Density Residential land use classification (R-1 Zoning District). Over the last few years, the ZAB has considered several proposals in the R-1A District that seek to construct a second dwelling in the rear yard (typically two stories) with a reduced rear yard setback (1317 Tenth Street and 1651 Tenth Street). The ZAB has often approved projects where no significant impacts to light, air, and privacy are created and where two-story dwellings in the rear yard are compatible with the surrounding neighborhood. Notably, the purposes of the R-1A District and its development standards have also been debated and considered in recent years at the City Council, Planning Commission, and at the ZAB through Council referrals. The Planning Commission discussed possible changes to the district during a September 21, 2016 meeting, but no action has yet been taken to amend the R-1A District regulations. Development of two dwellings on this property would be consistent with the R-1A zoning regulations and the purposes of this district, which allow for a second dwelling on a property based on property size and meeting development regulations. This project would meet all other development regulations in the district, including building height, lot coverage, residential density, front and side setbacks, and parking; with approval of findings subject to Section 23D.20.090.C to reduce the rear setback (see discussion in the section below), the project would also meet the rear yard requirement. Lastly, the project would add residential density to a property located in a residential district in close proximity to transit.




The proposed project would also be consistent with use and development pattern in the immediate neighborhood, which are primarily one- and two-story single- and multi-family dwellings. The parcels in this neighborhood are generally large enough to have a second main dwelling. As shown in vicinity map (Figure 3) submitted by the applicant, northwest of and abutting the subject site, at 2209 & 2211 Ninth Street, are two dwellings on a single parcel, in separate buildings, with similar building footprints. Given the development pattern of the neighborhood, the proposed project would be compatible with the neighborhood character. The project’s architectural features are also compatible with the architectural design, materials, and colors found in the neighborhood. The recessed entry, gable roofs and projecting bays are common in the neighborhood and staff finds that these features break up the massing of the units. The use of stucco and board and batten siding, with contrasting colors, creates visual interest and depth to the façade, while also being consistent with light grey and brown tones found elsewhere in the neighborhood. Also, the orientation of the front dwelling, including its entrance facing the street and the single garage opening, would be compatible with the orientation of other dwellings along the block.

C. Rear Yard Setback Reduction: Under BMC Section 23D.20.070.D.4, the required rear yard and/or side yard of a parcel in those portions of the R-1A District west of San Pablo Avenue may be reduced to construct a dwelling unit, provided that the Board finds that the dwelling would not cause a detrimental impact on emergency access, or on light, air, or privacy for neighboring properties (BMC Section 23D.20.090.C).

This project would require a rear yard reduction, and because light impacts due to the proposed rear yard setback reduction would be limited to outdoor areas and non-habitable rooms, and for only a few hours a day, no detrimental impacts to or on light, air, or privacy for neighboring properties would occur. All of the neighboring structures directly facing the proposed rear dwelling are garages or accessory structures that do not contain habitable rooms. While the applicant could reduce the building separation distance between the two proposed dwellings to meet the 20-foot rear yard requirement, this change could increase shadows from the proposed rear dwelling onto the neighboring dwelling to the north (2210 Tenth St.), and doing so would not avoid a demonstrated impact related to the proposed rear yard reduction. Lastly, sufficient emergency access is maintained via the driveway to the rear dwelling, which is located less than 150 feet from the street.

D. Light, Privacy & Views: The proposed project’s impacts to adjacent properties are

discussed below: 1. Sunlight/Shadow: The applicant prepared a shadow study for the project showing

existing and proposed conditions in June, October, and December. Findings from the shadow study are summarized below. Shadow impacts to the west, south, and east are not significant:




No shadow impacts would occur to confronting dwellings to the east (along Tenth Street) because these properties are separated by a 60-foot wide public right-of-way and front yard setbacks along both sides of the street;

New shadows would be cast to the west (2215 Ninth Street) during early morning hours, but the new shading would impact accessory structures only; and

Although the proposed single-story front dwelling would be replaced with a new two story dwelling, the increase in the southern side yard setback (to accommodate the new driveway) results in minimal changes to light and air to the abutting dwelling (2214 Tenth Street) to the south. New shadows from the front dwelling of the subject site would partially shade the bedroom windows of the adjacent dwelling, but only during summer months in the afternoon.

Shadow impacts to the adjacent property to the north (2210 Tenth Street), are summarized below:

In fall and winter, the proposed front dwelling would cast a larger shadow onto the abutting house to the north, as a result of the increase in the height, the expanded building footprint, and the reduced side yard setback to the north. As a result, the front dwelling at the subject site would shade the bedroom window of the adjacent dwelling during the majority of the day and a living room window during midday and afternoon hours in the fall and winter. While the new front dwelling would reduce sunlight access for portions of the day, impacts would be limited to only certain months of the year. In order to reduce this impact, the applicant would need to modify the side yard setback or footprint and massing of the front unit.

No impacts to rooftop solar access (for the potential future installation of solar panels) would be created.

Although shadow conditions would increase on the aforementioned portions of property at 2210 Tenth Street, the increase in shading is consistent with what is to be expected in an urbanized area, and is therefore found to reasonable and generally non-detrimental.

2. Privacy: The project could potentially affect the privacy of the abutting dwelling to

the south (2214 Tenth Street) by introducing new window openings at the ground and second-story levels that face this property, but these impacts are sufficiently mitigated by increased building separation and existing fencing. Nonetheless, no privacy impact is expected due to the building-to-building separation of over 13 feet. Additionally, the ground level openings would be screened by a 6-foot tall fence that would separate the properties while the second story windows would be partially obscured by use of translucent glass in two out of the three windows. The front dwelling could also potentially impact the privacy of the abutting dwelling to the north (2210 Tenth Street), which contains a bedroom and a living room window on the first floor facing the subject site. The proposed front dwelling would feature first and second floor bedroom windows that would partially face the living room window at 2210 Tenth Street. Additionally, a window in the stairwell would




face down toward the abutting dwelling’s bedroom and living room windows. Regarding potential impacts to the abutting property to the north, Staff notes that new 6-foot tall fencing along the common property line, where no fencing exists currently, would prevent a loss of privacy at ground level. Likewise, the angled view from the stairwell window would be partially obscured by the fence and is otherwise not anticipated to be significant given that the stairwell is not a habitable room. In order to further reduce potential privacy concerns, Staff recommends a condition of approval (#14) requiring installation of landscaping to further shield views. The rear dwelling does not face any abutting habitable structures to the north, west, or south, and thus privacy impacts to the yards was not considered.

In the context of the R-1A Zoning District, where up to three-story buildings are allowed, and in the context of this neighborhood, which is generally made up of two-story dwellings (though the dwelling to the north is one story), any loss of privacy due to the project would be no greater than what is typical for an urban setting. The proposed new two-story front dwelling would comply with the R-1A Zoning District standards for side and rear yard setbacks and would therefore be expected to achieve a reasonable building-to-building separation with neighboring properties, which would also help ensure a reasonable expectation of privacy on each side. Additionally, the proposed dwellings have a typical number, size and locations for windows relative to other dwellings in the area and proportional to the size of the structures, and therefore does not pose an unusual impact.

3. Views: Due to the relatively flat slope of this neighborhood and its low elevation

above sea level, views of significant features are not generally available. East-facing windows in the area may provide partially obstructed views of the East Bay Hills, especially from two-story dwellings, though they are typically screened by intervening buildings and trees. Although the project could further obstruct views of the East Bay Hills from nearby two-story structures, such views are already partially obstructed and would not be substantially degraded.

E. Number of Bedrooms: The R-1A District requires a Use Permit to create six or more

bedrooms on a single parcel.2 The project would create eight bedrooms on a parcel that currently has two, resulting in the net addition of six bedrooms. The ZAB may approve a Use Permit for the addition of six or more bedrooms if the additional bedrooms would not be considered detrimental to persons living or working in the neighborhood, or be detrimental to the adjacent properties, surrounding neighborhood and the general welfare of the City. In Staff’s view, the creation of two four-bedroom dwellings would accommodate families that want ample bedrooms in a moderate-sized dwelling and parcel. The location of the buildings on the site and amount of open space would support the number of bedrooms proposed in the project.

2 "Bedroom" means any Habitable Space in a Dwelling Unit or habitable Accessory Structure other than a kitchen or living room that is intended for or capable of being used for sleeping; with a door that closes the room off from other common space such as living and kitchen areas; that is at least 70 square feet in area, exclusive of closets and other appurtenant space; and meets Building Code standards for egress, light and ventilation. A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition will be considered a bedroom for the purposes of applying this requirement.




F. General Plan Consistency: The 2002 General Plan contains several policies

applicable to the project, including the following: 1. Policy LU-3–Infill Development: Encourage infill development that is architecturally

and environmentally sensitive, embodies principles of sustainable planning and construction, and is compatible with neighboring land uses and architectural design and scale.

2. Policy LU-7–Neighborhood Quality of Life, Action A: Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area.

3. Policy LU-23–Transit-Oriented Development: Encourage and maintain zoning that allows greater commercial and residential density and reduced residential parking requirements in areas with above-average transit service such as Downtown Berkeley.

4. Policy UD-16–Context: The design and scale of new or remodeled buildings should

respect the built environment in the area, particularly where the character of the built environment is largely defined by an aggregation of historically and architecturally significant buildings.

5. Policy UD-24–Area Character: Regulate new construction and alterations to ensure that they are truly compatible with and, where feasible, reinforce the desirable design characteristics of the particular area they are in.

Staff Analysis: The project would add residential density to a property located in a residential district in close proximity to transit. As described in the Issues and Analysis Section B above, the proposed building height is consistent with the character of the neighborhood and apart from a request to reduce the rear setback, the project will meet all of the zoning standards for the R-1A District. The uses in the neighborhood are primarily residential and other neighboring uses also include multiple dwellings on one parcel.

6. Policy UD-32–Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows. Staff Analysis: As discussed in Issues and Analysis Sections C and D above, the proposed project was designed to reduce shadow impacts on neighboring dwellings.

7. Policy H-16—Family Housing: Support and encourage housing projects that include units affordable and suitable for households with children and large families.




8. Policy H-19–Regional Housing Needs: Encourage housing production adequate to meet the housing production goals established by ABAG’s Regional Housing Needs Determination for Berkeley. Staff Analysis: The proposed Project would increase the number of dwellings from one to two dwellings and the number of bedrooms from two to eight, creating an additional dwelling unit to help the City meet housing production goals established by ABAG’s Regional Housing Needs Determination, as well as goals to provide housing suitable for larger families.

9. Policy EM-5–“Green” Buildings: Promote and encourage compliance with “green” building standards. (Also see Policies EM-8, EM-26, EM-35, EM-36, and UD-6.)

10. Policy UD-33–Sustainable Design: Promote environmentally sensitive and sustainable design in new buildings. Staff Analysis: The applicant proposes a target of 115 total points for the proposed project through Build It Green’s Single Family GreenPoint green building measures.

G. Plan Consistency: The West Berkeley Area Plan, adopted in December 1993 , also

contains several policies applicable to the project, including the following:

1. Land Use Goal 2: Channel development – both new businesses and residences and the expansion of existing businesses – to districts which are appropriate for the various existing elements of the West Berkeley land use mix. Staff Analysis: The proposed project would increase the number of dwelling units from one to two dwellings and the number of bedrooms from two to eight, modestly increasing housing in a residential district. The project would also make housing available for large families.

2. Land Use Goal 4: Assure that new development in any sector is of a scale and design that is appropriate to its surroundings, while respecting the genuine economic and physical needs of the development.

3. Housing and Social Services Goal 4: Encourage appropriately scaled and located housing development.

· Policy 4.2: Encourage the creation of second units with single family houses

in the Residential and Mixed Use/Residential districts. Develop policies to allow the waiver of parking requirements for a second unit when appropriate.

Staff Analysis: The proposed project would increase the residential density of the site from one to two dwellings on a parcel in the R-1A District which meets the lot size requirements for two dwellings. The height and bulk of the two dwellings and the architectural style, materials, and colors used are compatible with other dwellings in the neighborhood.




VI. Recommendation

Because of the project’s consistency with the Zoning Ordinance and General Plan, and its minimal impact on surrounding properties, staff recommends that the Zoning Adjustments Board: APPROVE Use Permit #ZP2016-0129 pursuant to Section 23B.32.030 and subject to the attached Findings and Conditions (see Attachment 1).

Attachments: 1. Findings and Conditions 2. Applicant Statement and Project Plans for 2212 Tenth Street, received October 3, 2016 3. Notice of Public Hearing 4. Correspondence Received Staff Planner: Immanuel Bereket, [email protected], (510) 981-7415 Contract Planner: Jean Eisberg, [email protected], (415) 841-3539


mailto:[email protected]

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2212 Tenth Street - Berkeley, California...2017/02/09 · DECEMBER 8, 2016 2212 Tenth Street Use...

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