Incomplete Letter October 21,2022
*See comment #4 below.
Concessions [Two concessions permitted, per Government Code §65915(d)(2)]
• Reduce the open space requirement from 41,400 square feet to 10,744 square feet to eliminate the costs of constructing an additional roof deck.
• Increase the height limit to allow for basement spaces in the Base Project to move to the ground level of the proposed project, thereby eliminating the cost of the basement.
Staff has determined that the application is incomplete. Please review the comments below, as well as the list of items required to complete the application. Staff is unable to take further action on the project until all the items listed below are corrected and/or submitted.
Items Required for Submittal or Correction- The following required items were missing from the application submittal, and must be submitted for application completeness, per the Zoning Project Submittal Requirements:
Items Required for Submittal or Correction:
1) General Comment – Resubmittal: To reflect any project modifications, revise and resubmit the tabulation form and other descriptive project materials for internal consistency.
2) Tab Form: There are a number of inconsistencies between the Zoning Code data table on Sheet A0.1 , plan sheets, and the information on the tab form . Some fields include the provided open space and the total gross floor area of the project. Review and correct for consistency.
3) Density Bonus Statement Waivers and Concessions: For each concession, explain how the meeting the related development standard will actually result in an identifiable and actual cost reduction.
4) Average Setbacks: For the proposed pr oject, calculate the average rear and side setba ck (California). Per BMC Section 23.204 .060 waivers may not be required for the proposed setbacks.
5) Average Unit Size: The pr ovided average unit size is shown as 138 square feet. When measured, using the provided scales, the studios are over 300 square feet. Correct or confirm the average unit size and dimension the various unit types. This metric is applicable to both the base and proposed density bonus project.
6) C-U Open Space Features: Per BMC Section 23.204.060(D)(10), projects with 100 feet or more of frontage along University Avenue must provide a pedestrian-oriented open space feature totaling 1% of the project land area. The majority of the public plaza located at the corner of University and California may not quality as usable open space, because such space must have a minimum width and length of 6 feet. Configure the project to comply with this requirement.
Incomplete Letter October 21,2022
7) Open Space Diagrams vs Ground Floor Level Plan: There are inconsistencies amongst the informational sheets/ diagrams and tab form referenced. Confirm the provided open space and the amount of open space being waived.
The area of the open space garden on sheet A2.1 differs from the total shown on the open space diagram on sheet A0.1. Amend sheet A2.1 to reflect the correct total. 8) Bicycle Parking: The residential bicycle parking calculations shown on A0.3A are incorrect.
Per BMC Section BMC 23.322.090 is based on the number of bedrooms, not units. Amend the applicable calculations/ tables and diagrams.
9) Car Parking: The commercial car parking calculations shown on sheet A0 .3A are incorrect.
Per BMC Section 23.322.030(B), the requirement for all commercial districts apart from the C-DMU is 2 per 1,000 square feet. Amend the applicable calculations/ tables and diagrams. 10) Proposed Project Floor Plans: Label/ provide residential unit count on all floor plan sheets .
The resubmitted floor plans duplicate unit numbers throughout Sheets A2.3- A2.5. Once numbered, each unit should have a unique number, with the last unit being numbered as #207.
11) Public Works/ Stormwater Comments:
• I.B. The Table of Impervious and Pervious Surfaces: roof areas for columns “a” and “b” are off. There is more existing impervious surface to be replaced than there are pre-project (existing) impervious surface. That doesn’t make sense to me. • II.F.1 indicates this is a Special Project but does not indicate the Non -LID treatment to be used. Is this project proposing to treat all the stormwater runoff with flow-through planters? Special Project status allows for some of the runoff to be treated using Non- LID measures and if the project decides to go that route they need to complete the Special Project Worksheet and provide Narrative Discussion of the feasibility and infeasibility of 100% LID treatment measures such as bioret ention or flow -through
Incomplete Letter October 21,2022
planters. Looks to me they are saying the project qualifies as a Special Project but they are going to use flow-through planters to treat 100% of the runoff.
Advisory Comments
• Toxics – Phase I and Phase II Reports: Toxics Management Division has reviewed the Phase I and Phase II for 1598 University and neighboring properties, and finds the reports to be acceptable. A Soil and Groundwater Management Plan will be required for any excavation on this site. Clearance from either DTSC, the RWQCB, or Alameda County Local Oversight Program will be required to ensure vapor from the historic gas stations does not need to be better addressed with additional sampling or a soil vapor barrier. A hazardous building materials survey will be required prior to any demolition of structures on this property, to identify hazardous materials and plan for their proper disposal. Please contact Meridith Lear at [email protected] with any follow up questions.
• Public Art Declaration: Civics Arts Program staff is guiding the applicant through the public art declaration approval process.
• Design Review Application: The following comments are on the associated Design Review Application. Contact Anne Burns at [email protected] for clarification or more information.
o We continue to recommend including details to show windows, material transitions, and any architectural elements that help to show the quality and scale of the proposed design. We understand that this will come after you receive further feedback from Zoning and other City Divisions, but this is an important item in the information that will go to the DRC.
o Provide more detailed information about any proposed bird-safe measures, as well as any dark sky measures. As with the item above, this is an important item in the information that will go to the DRC.
o We note one additional item after also reviewing the list of zoning incomplete items – we encourage any design changes that will allow more visibility of the ground floor courtyard landscape to be viewed from the sidewalk and beyond.
Please be aware that under SB330 (Government Code Section 65941.1(a)(d)(2)), the applicant must submit the information in this incomplete letter within 90 days of the date of this letter. If the applicant does not submit this information within the 90 days period (November 22, 2022), then the preliminary application shall expire and have no further force or effect.
Revised submittal items should be submitted in electronic form (uploaded to the project folder on Box.com). Please submit responses to all requested items at once, and not incrementally.
Should you have questions regarding this letter or your application, please feel free to contact me.
Sincerely,
Katrina Lapira (she/her)
Associate Planner
[email protected]
Administrative Record
This attachment is on file and available for review at
the City Clerk Department, or can be accessed from
the City Council Website. Copies of the attachment
are available upon request.
City Clerk Department
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Berkeley, CA 94704
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or from:
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Attachments 7-8
Attachment 9
NOTICE OF PUBLIC HEARING – BERKELEY CITY COUNCIL
ZAB APPEAL: 1598 UNIVERSITY AVENUE, USE PERMIT #ZP2022-0099 The public may participate in this hearing by remote video or in-person.
Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, SEPTEMBER 26, 2023 at 6:00 P.M. a public hearing will be conducted to consider an appeal of the decision by the Zoning Adjustments Board to APPROVE Use Permit #ZP2022-0099 to demolish a non-residential structure and construct a 127,492 square-foot, eight- story (89 feet- 2 inches) mixed-use residential building containing 207 dwelling units (21 Very Low-Income) and 5,943 square foot commercial space, with 39 automobile parking spaces and 92 bicycle parking spaces, utilizing State Density Bonus Law.
The hearing will be held at the Berkeley Unified School District Board Room located at 1231 Addison Street, Berkeley CA 94702.
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of September 18, 2023. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
For further information, please contact Katrina Lapira, Project Planner, (510) 981-7488 or klapira@ berkeleyca.gov . Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e- mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or clerk@ berkeleyca.gov for further information.
________________________________
Mark Numainville, City Clerk
Mailed: September 12, 2023
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6, no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed.
Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available by request from the City Clerk Department and posted on the City of Berkeley webpage prior to the public hearing.
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