Agenda packet, first session — Berkeley City Council, February 27, 2024 (part 3 of 5)

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2924 RUSSELL STREET Findings and Conditions

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G:\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL -- CC\2024-02-27_ZAB ATT 1_APFC_2924 Russell.docx Prior to Issuance of Occupancy Permit or Final Inspection:

26. All construction at the subject property shall substantially conform to the approved Use Permit drawings or to modifications approved by the Zoning Officer.

27. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated June 2, 2023.

At All Times (Operation):

28. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.

Hot Tub Conditions

29. The hot tub shall be installed on a sound-proofing mat.

30. Vegetation shown on the site plans shall be maintained at all times.

31. The pump shall be mounted, enclosed and maintained to prevent noise from disturbing the occupants of neighboring properties.

32. The hot tub shall be equipped with safety features in accordance with the California Building Code.

33. This permit shall be subject to review and modification as necessary to alleviate excessive noise or disturbance to the neighborhood.

34. Mechanical operation and use must adhere to the exterior noise standards of BMC Section

13.40.050.

_____________________________________
Prepared by: Samella Stover, Planning Technician
For Samantha Updegrave, Zoning Officer

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S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED

LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
L0.0
Cover Sheet,
Notes & Legend
2924 Russell Street — Administrative Use Permit
Planting Area(PA)
Radius R
Layout Starting PointPOB
SIMSimilar
(TYP.)Typical
EQEqual
O.C.On Center
(E)Existing
Align
90 Degrees angle
SADSee Architectural Drawings
Top of stair(TS)
Top of wall(TW)
Bottom of wall(BW)
Bottom of stair(BS)
Existing spot elevation
Proposed spot elevation
Existing contour line
Proposed contour line
Property line
824.76
(824.76)
Existing retaining wall
to be demolished
L0.0 Cover Sheet
L1.0 Existing Site Plan
L2.0 Proposed Site Plan
L3.0 Elevations
L3.1 Elevations
L4.0 Details
SV Survey
Sheet Index
Assessor's Map
Scope of Work
Installation of new hot tub.

N/A
Legend General Notes
Client
Hami Kazerooni
2924 Russell St.

Berkeley, CA 94705
Project Team
Landscape Architect
InsideOut Design, Inc.
6000 Harwood Ave
Oakland CA 94618
(510) 655-7674
Penn Phillips
Contractor
TBD
Location
APN: 52-1565-6
Structural Engineer
Daniel A. Bastião
P.O. Box 1891
Union City, CA 94587
510-676-8457
Per neighbor request, hot tub
selection criteria include low noise
relative to industry standards. Hot
tub installation to include a
sound-reducing mat that complies
with manufacturer specifications.

Planting of dense screening
vegetation along eastern and
western fences to further buffer hot
tub sound and provide privacy for
residents and neighbors.

NOTE: For rear deck and associated
perimeter GFCI, please refer to
Permit #B2023-01579.

NOTE: Dedicated hot tub GFCI and
revisions to Permit #B2023-01579 to
accommodate hot tub to be
processed under separate
application, pending AUP approval.

1. The contractor shall inspect the site and be familiar with all existing site conditions prior to submitting bid. Contractor shall not willfully proceed with construction as shown when it is obvious that obstructions, landscape area and/or grade differences exist that may not have been known during design. Such conditions shall immediately be brought to the attention of the landscape architect. The contractor shall assume sole responsibility for all necessary revisions due to failure to give such notification.

Contractor shall be responsible for making herself/himself familiar with all underground utilities, pipes, structures and obstructions. Contractor shall assume sole responsibility for all costs incurred due to damage and/or replacement of these items. Contractor shall be responsible for coordination among trades and subcontractors as required to accomplish the work. The contractor shall be responsible for any damage to existing features caused by contractor's work. All repairs shall be made at no additional cost to the owner. Planting shall be installed in conformance with all applicable local codes and ordinances by experienced workmen and a licensed landscape contractor who shall obtain all necessary permits and pay all required fees. The garden is a pesticide and herbicide free zone. Contractor shall use organic material to fertilize and to maintain all plant material. No chemical fertilizer will be allowed.Contractor shall verify all grades, existing conditions and dimensions in the field prior to commencing work.

All discrepancies or questions shall be brought to the attention of the landscape architect for resolution. Redirect work to avoid delay. All curves and all transitions between curves and straight edges shall be smooth. Take all dimensions perpendicular to any reference line, work line, face of building, face of wall or centerline.

2. Demolition
Contractor shall remove and carry all demolition materials off site. Protect (E) trees as indicated during construction. Contractor shall perform selective trimming of existing trees within the area of work per the direction of the owner.

3. Drainage/Grading (Permit #B2023-01579)
Contractor shall verify if existing drains are in good condition. All drainage systems shall be per City of Berkeley codes. Grade per indicated swales. Sleeving to be Schedule 40 PVC. Cover PVC pipe so that it not visible. All grading to be smooth to achieve a natural aspect. No finish grades shall exceed 2.5:1 slopes.

4. Stone paving & stone work
See Permit #B2023-01579

5. Concrete work (Permit #B2023-01579)
Proposed 18" concrete retaining wall shall be less than three feet in total height including footing. See S2.0, Detail 12 for typical retaining wall and drainage. See L3.0 of Permit set #B2023-01579 for location of subsurface drainage line to (E) sump pump.

6. Electrical
For rear deck perimeter GFCI, please refer to Permit #B2023-01579. Dedicated hot tub GFCI to be processed under separate application, pending AUP approval.

7. Wood work (Permit #B2023-01579)
All new wood decking. Structural engineer to determine partial salvage of structural components of existing wood landing. SSD for final wood sizing, anchors and concrete footing.

8. Clean up
At the end of each work day, at the inspection for substantial completion and before acceptance of project, clean paved areas that are dirtied or stained by construction operations, by sweeping or washing, and remove defacements and stains. Remove construction equipment, excess materials and tools. Haul from owners property the debris resulting from construction, and dispose of legally. Remove remaining temporary protection at time of acceptance by owner unless otherwise agreed.

Flagstone paving
Cable railing
Random Full Range Connecticut Bluestone
Available at Bay Area Bluestone
(415) 453-2262

RUSSELL ST

ASHBY AVE

PINE AVE
ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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Attachment 1, Exhibit B

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R
U
S
S
E
L
L
S
T
PROPERTY LINE 130.00'
PROPERTY LINE 130.00'
PROPERTY LINE 48.00'
PROPERTY LINE 48.00'
(E) Concrete patio
S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
L1.0
Existing Site Plan
NorthNorth0 2 4 80
3/16"=1'-0"
3/16"=1'-0"
Existing Conditions
ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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(E) RESIDENCE
(E) GARAGE
& OFFICE
WOOD
DECK
WOOD

LANDING
7'5"x7'5" SPA
on
concrete pad

WOOD BENCH
(E) SIDEWALK
R
U
S
S
E
L
L
S
T
PROPERTY LINE 130.00'
PROPERTY LINE 130.00'
PROPERTY LINE 48.00'
(E) BUILDING
(E) Concrete wall
22'-11"

FROM PL
PROPERTY LINE 48.00'
(E) PORCH
(E) DRIVEWAY
35'-8"
FROPL
SEE PERMIT #B2023-01579
Dedicated GFCI for hot tub
(under separate application)
10'-10"

FROM DWELLING
Deck partially surrounding
hot tub to be 35" tall
Podocarpus hedge for privacy
screening and noise reduction
5'-7"

FROM PL
Pittosporum hedge for privacy
screening and noise reduction
Noise-reducing mat between
spa and concrete pad
Cable rail guard (42" ht. above deck, w/
gaps between cables at 3") wraps around
hot tub (under separate application)
S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C E NSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
L2.0
Proposed Site Plan
NorthNorth0 2 4 80
3/16"=1'-0"
3/16"=1'-0"
I have reviewed the plans for a 7.5' x 7.5' hot tub at 2924 Russell Street.

Community Outreach
Name (printed)SignatureAddressRenter or
OwnerDateHave no
objectionsHave objections (please state briefly)Have no comment
2920 Russell St.
2920 Russell St.
2928 Russell St.
2928 Russell St.
2929 Russell St.
2929 Russell St.
2933 Russell St.
2933 Russell St.
2937 Russell St.
2937 Russell St.
2923 Ashby Ave.
2923 Ashby Ave.
2925 Ashby Ave.
2925 Ashby Ave.
2929 Ashby Ave.
2929 Ashby Ave.
2929
2933
2937
2920
2924
2928
2923
29252929
NOTE: Please see scanned L2.0 (dated 03.29.23) with neighbor signatures from 04.03.23 and 04.04.23. This set has been revised to add additional noise mitigation measures in response to neighbor concerns. No separate equipment under deck will be required; hot tub to include enclosed equipment and be quieter than industry standards.

ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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6'-0"
12'-3" 4'-4"
10'-0"
19'-3"
DECK
5'-8"
9'-8"
6'-0"
13'-3"
42"
TYP
18"

EXISTING ELEVATION

PROPOSED ELEVATION
7'-9"
5'-0"
7'-9"

SETBACK
NOTE: THE GREATEST RISER HEIGHT AND TREAD DEPTH WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3
8 INCH.
5'-0" 7'-0"

HOUSE THRESHOLD LEVEL

EXISTING CONCRETE PATIO LEVEL

LOWER PATIO LEVEL

DECK LEVEL

HOUSE THRESHOLD LEVEL

UPPER PATIO LEVEL

LOWER PATIO LEVEL

WINDOW TO BE CONVERTED TO FRENCH DOORS

EXISTING CONCRETE PATIO
EXISTING DECK TO BE REFURBISHED;
SEE PERMIT #B2023-01579

EXISTING CONCRETE STEPS TO BE REPLACED

STUCCO WALL TO REMAIN
(E) STUCCO WALL
FRENCH DOORS, SEE PERMIT #B2023-01579
CONCRETE PAD, 7'4" x 7'4", SEE PERMIT #B2023-01579
CABLE RAIL GUARD, SEE PERMIT #B2023-01579

CONCRETE
RETAINING WALL; TOP OF WALL

FLUSH WITH UPPER PATIO LEVEL

CABLE RAIL RETURNS TO (E) STUCCO WALL,
SEE PERMIT #B2023-01579
SIDE WINDOWS, SEE PERMIT #B2023-01579

WOOD STAIR,
SEE PERMIT #B2023-01579

CONCRETE STAIR

EXISTING RETAINING WALL TO BE REPLACED
PERIMETER GFCI, SEE PERMIT #B2023-01579
WALL SCONCE LIGHT, TYP., SEE PERMIT #B2023-01579
CABLE RAIL GUARD (42" HT. ABOVE DECK, W/ GAPS BETWEEN
CABLES AT 3") WRAPS AROUND HOT TUB (UNDER SEPARATE APPLICATION) NEW HOT TUB (W/ INTERNAL EQUIPMENT), SEE L4.0 DETAILS

PODOCARPUS HEDGE FOR PRIVACY SCREENING & NOISE REDUCTION

PITTOSPORUM HEDGE FOR PRIVACY

SCREENING & NOISE REDUCTION

DEDICATED HOT TUB GFCI (UNDER SEPARATE APPLICATION)

SOUND-REDUCING MAT PER HOT TUB MANUFACTURER
4 0
1/4"=1'-0"
28 1/4"=1'-0"
ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

Page 4 of 8 ends

This sheet
reference only;
pre-application
neighbor notice

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6'-0"
12'-3" 4'-4"
10'-0"
19'-3"
DECK
5'-8"
9'-8"
6'-0"
13'-3"
42"
TYP
18"

EXISTING ELEVATION

PROPOSED ELEVATION
7'-9"
5'-0"
7'-9"

SETBACK
NOTE: THE GREATEST RISER HEIGHT AND TREAD DEPTH WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3
8 INCH.
5'-0" 7'-0"

HOUSE THRESHOLD LEVEL

EXISTING CONCRETE PATIO LEVEL

LOWER PATIO LEVEL

DECK LEVEL

HOUSE THRESHOLD LEVEL

UPPER PATIO LEVEL

LOWER PATIO LEVEL

WINDOW TO BE CONVERTED TO FRENCH DOORS

EXISTING CONCRETE PATIO
EXISTING DECK TO BE REFURBISHED;
SEE PERMIT #B2023-01579

EXISTING CONCRETE STEPS TO BE REPLACED

STUCCO WALL TO REMAIN
(E) STUCCO WALL
FRENCH DOORS, SEE PERMIT #B2023-01579
CONCRETE PAD, 7'4" x 7'4", SEE PERMIT #B2023-01579
CABLE RAIL GUARD, SEE PERMIT #B2023-01579

CONCRETE
RETAINING WALL; TOP OF WALL

FLUSH WITH UPPER PATIO LEVEL

CABLE RAIL RETURNS TO (E) STUCCO WALL,
SEE PERMIT #B2023-01579
SIDE WINDOWS, SEE PERMIT #B2023-01579

WOOD STAIR,
SEE PERMIT #B2023-01579

CONCRETE STAIR

PODOCARPUS HEDGE FOR PRIVACY SCREENING & NOISE REDUCTION

PITTOSPORUM HEDGE FOR PRIVACY

SCREENING & NOISE REDUCTION

DEDICATED HOT TUB GFCI (UNDER SEPARATE APPLICATION)

SOUND-REDUCING MAT PER HOT TUB MANUFACTURER
4 0
1/4"=1'-0"
28 1/4"=1'-0"
S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John PennellPhillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED

LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
NOTE: Revisions to L3.0 since Community Outreach (04.03.23 - 04.04.23) reflect changes required for issuance of Permit #B2023-01579 and the addition of further sound reduction measures (in consideration of neighbor feedback) only.L3.0 Elevations
ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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Page 282 ends

EXISTING ELEVATION

PROPOSED ELEVATION
NOTE: THE GREATEST RISER HEIGHT AND TREAD DEPTH WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3
8 INCH.

STUCCO WALL TO REMAIN
EXISTING DECK TO BE REFURBISHED;
SEE PERMIT #B2023-01579

EXISTING CONCRETE RETAINING WALL TO BE REPLACED

EXISTING CONCRETE STEPS TO BE REPLACED

EXISTING CONCRETE RETAINING

WALL TO BE REPLACED
(E) STUCCO WALL
18" HT. CONCRETE
RETAINING WALL; TOP OF WALL

FLUSH WITH UPPER PATIO LEVEL

CABLE RAIL RETURNS TO (E) STUCCO WALL
(SEE PERMIT #B2023-01579)

WOOD BENCH FLUSH WITH TOP OF WALL

WOOD LANDINGS AND STAIRS,
SEE PERMIT #B2023-01579
CABLE RAIL GUARD, SEE PERMIT #B2023-01579
CONCRETE PAD, 7'4" x 7'4", SEE PERMIT #B2023-01579

CONCRETE STEPS
WOOD DECK, SEE PERMIT #B2023-01579

DECK LEVEL

HOUSE THRESHOLD LEVEL

UPPER PATIO LEVEL

LOWER PATIO LEVEL

HOUSE THRESHOLD LEVEL

EXISTING CONCRETE PATIO LEVEL

LOWER PATIO LEVEL

WALL SCONCE LIGHT
PERIMETER GFCI, SEE PERMIT #B2023-01579
NEW HOT TUB (W/ INTERNAL EQUIPMENT), SEE L4.0 DETAILS

PODOCARPUS HEDGE FOR PRIVACY

SCREENING & NOISE REDUCTION
CABLE RAIL GUARD (42" HT. ABOVE DECK, W/ GAPS BETWEEN
CABLES AT 3") WRAPS AROUND HOT TUB (UNDER SEPARATE APPLICATION)

SOUND-REDUCING MAT PER HOT TUB MANUFACTURER
S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
L3.1
Elevations
4 0
1/4"=1'-0"
28 1/4"=1'-0"
NOTE: The addition of L3.1 since Community Outreach (04.03.23 - 04.04.23) reflects changes required for issuance of Permit #B2023-01579 and the addition of further sound reduction measures (in consideration of neighbor feedback) only.

ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
L4.0
Details

NOT TO SCALE
SUNDANCE CAMEO - 880 SERIES
NOTE: Per neighbor request, hot tub selection criteria include low noise relative to industry standards. Hot tub to have internal equipment only. Hot tub installation to include a sound-reducing mat that complies with manufacturer specifications.

ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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Attachment 2

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Z ONIN G

A DJUSTMENT S

B OAR D
Notice of Decision
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-ma
il: [email protected]
DATE OF BOARD DECISION: October 12, 2023
DATE NOTICE MAILED: October 17, 2023
APPEAL PERIOD EXPIRATION: October 31, 2023
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification)1: November 1, 2023 2924 Russell Street
Appeal of Zoning Officer’s Decision to approve Administrative Use Permit ZP#2023-0081 to install unenclosed hot tub in rear yard.

The Zoning Adjustments Board of the City of Berkeley, after conducting a public hearing, APPROVED the project and DISMISSED the appeal of the following permit:
• Administrative Use Permit to install an unenclosed hot tub, under Berkeley Municipal Code (BMC) Section 23.304.070(D)
ZONING: Single-Family Residential District (R-1)
APPL
ICANT: Pennell Phillips, 6000 Harwood Avenue, Oakland, CA 94618 PROPERTY OWNER: Homayoon Kazerooni, 2924 Russell Street, Berkeley, CA 94705 APPELLANT: Richard Spohn, 2928 Russell Street, Berkeley, CA 94705 ENVIRONMENTAL REVIE W STATUS: Cat
egorically exempt pursuant to CEQA Guidelines
Section 15301 (“Existing Facilities”).

FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE 1 Pursuant to BMC Section 23. 410.050(C), the City Council may certify any ZAB decision for review during the 14- day appeal period after the notice of the ZAB’s decision is issued. Certification has the same effect as an appeal.

However, BMC Section 1.04.070 suspends or “tolls” the Council’s deadline to certify when the Council is on recess.

Thus, in cases where the 14-day appeal period is scheduled to end during a Council recess, the certification deadline is extended past the end of the recess for the remainder of the appeal period. In cases where the appeal period begins during a Council recess, the certification deadline is extended until 14 days after the first Council meeting after the recess. Extension of the certification deadline has no effect on the appeal deadline.

Attachment 3

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
October 12, 2023 Page 2 of 4

g:\landuse\projects by address\russell\2924\zp2023-0081\document finals\2023-10-17_zab_nod_2924 russell.docx Yes No Abstain Absent Recused
DUFFY x
BLACKABY x
YUNG x
O’KEEFE x
LUNAPARRA x
SANDERSON x THOMPSON x
GAFFNEY x
TREGUB x
BOARD VOTE: 6 0 0 2 1

ATTEST:

Samantha Updegrave, Zoning Adjustments Board
Secretary

PUBLICATION OF NOTICE:

Pursuant to BMC Section 23. 404.050, this notice shall be mailed to the applicant at the mailing address stated in the application and to any person who requests such notification by filing a written request with the Zoning Officer on or before the date of the Board action. This notice shall also be filed with the City Clerk. In addition, the notice shall be forwarded to the Zoning Adjustments Board and to the Main Library. The notice shall also be posted at a bulletin board at the Zoning Counter. The City Clerk shall make the notice available to interested members of the Council and the public.

FURTHE
R INFORMATION:

Questions about the project should be directed to the project planner, Samella Stover, at (510) 981-7425 or [email protected]. All project application materials, including full-size plans, may be viewed online at: https://aca.cityofberkeley.info/CitizenAccess/Welcome.aspx. or i n the Permit Service Center at the Zoning Counter at 1947 Center Street, Third Floor, during normal office hours.

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
October 12, 2023 Page 3 of 4

g:\landuse\projects by address\russell\2924\zp2023-0081\document finals\2023-10-17_zab_nod_2924 russell.docx TO APPEAL THIS DECISION (see Section 23.410 of the Berkeley Municipal Code):

To appeal a decision of the Zoning Adjustments Board to the City Council you must:

1. S ubmit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.

2. Submit the required appeal fee (checks and money orders payable to “City of Berkeley”):

A. The fee for persons other than the applicant is $1500. This fee may be reduced to $500 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.

B. The fee for all appeals by Applicants is $5,520.

3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown on page 1 ( if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

If no appeal is received, the permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time.

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
October 12, 2023 Page 4 of 4

g:\landuse\projects by address\russell\2924\zp2023-0081\document finals\2023-10-17_zab_nod_2924 russell.docx NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

1. If you challenge this decision 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 Zoning Adjustments Board at, or prior to, the public hearing.

2. You must appeal to the City Council within fourteen (14) days after the Notice of Decision of the action of the Zoning Adjustments Board is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90- day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

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A t t a c h m e n t 1
F i n d i n g s a n d C o n d i t i o ns
O C T O B E R 1 2 , 2023

1947 Center Street, 2nd Floor, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
2924 Russell Street

Administrative Use Permit #ZP2023-0081

To install an unenclosed hot tub in the rear yard.

PERMITS REQUIRED
• Administrative Use Permit pursuant to Berkeley Municipal Code (BMC) Section

23.304.070(D) to install an unenclosed hot tub.

CEQA FINDINGS

1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to CEQA Guidelines Section 153 01 (Existing Facilities).

2. Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows:
(a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d ) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not affect any historical resource.

FINDINGS FOR APPROVAL

3. As required by BMC Section 23.406.030(F), the project, under the circumstances of this particular case existing at the time at which the application is granted, would not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City because:

A. The hot t ub will be located approximately 11 feet from the back of the dwelling, and setback approximately 23 feet from the rear lot line (south), 36 feet from the west side lot line, and 5 feet, 7 inches from the eastern side lot line. The proposed location is screened by a retaining wall, fencing and vegetation. The common living areas of the adjacent residents of 2928 R ussell Street are located 10 feet, 10 inches and 2928 Russell Street is approximately 50 feet away from the proposed location. The hot tub is

7.5 feet x 7.5 feet and the applicant has proposed additional vegetation around the location of the hot tub to increase privacy to neighboring dwelling and is installing a pad between the tub and concrete pad to further reduce noise. In addition, because the hot

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tub is at grade there will be no reduction to privacy, light, views, or air for abutting residence and is therefore not detrimental.

4. Pursuant to BMC Section 23.304.070(D)(2), the Zoning Officer finds that:

A. Any pump associated wit h an unenclosed outdoor hot tub, jacuzzi, or spa shall be mounted and enclosed so that its sound is not audible on an adjacent lot. The hot tub will be subject to the conditions of this permit, which will ensure that neighbors are not adversely affected by noise impacts that may result from the use of the hot tub. In particular, the operation of the hot tub equipment is subject to the controls imposed under BMC Chapter 13.40 as it relates to maximum noise levels and Conditions of Approval #29-32.

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STANDARD CONDITIONS

The following conditions, as well as all other applicable provisions of the Berkeley Municipal Code, apply to this Permit:

1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions’.

Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) conta ining the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

2. Compliance Required (BMC Section 23.102.050)
All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sections 23.404.060.B.1 and 2)
A. This Permit authorizes only the proposed project described in the application. In no way does an approval authorize other uses, structures or activities not included in the project description.

B. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To reest ablish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.

4. Conformance to Approved Plans (BMC Section 23.404.060.B.4) All work performed under an approved permit shall be in compliance with the a pproved plans and any conditions of approval.

5. Exercise and Expiration of Permits (BMC Section 23.404.060.C) A. A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

B. A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

C. The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction. The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant. A determination that a permit has lapsed may be appealed to the ZAB in accordance with Chapter 23.410 (Appeals and Certification).

D. A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized b y the lapsed permit, an applicant must apply for and receive City approval of a new permit.

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6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060.D) Once a Permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit, except as set forth in Standard Condition #5 above.

7. Permit Modifications (BMC Section 23.404.070)
No change in the use or structure for which this Permit is issued is permitted unless approved by the review authority which originally approved the permit. The Zoning Officer may approve changes to plans approved by the Board, consistent with the B oard’s policy adopted on May 24, 1978, which reduce the size of the project.

8. Permit Revocation (BMC Section 23.404.080)
The City may revoke or modify a discretionary permit for completed projects due to: 1) violations of permit requirements; 2) Changes to the approved project; and/or 3) Vacancy for one year or more. However, no lawful residential use can lapse, regardless of the length of time of the vacancy. Proceedings to revoke or modify a permit may be initiated by the Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Indemnification Agreement
The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in conn ection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action s pecified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’ s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.

ADDITIONAL CONDITIONS IMPOSED BY THE ZONING OFFICER
Pursuant to BMC Section 23.404.050(H), the Zoning Officer attaches the following additional conditions to this Permit:

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10. Project Liaison. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction -related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response, and submit written reports of such complain ts and actions to the project planner on a weekly basis. Please designate the name of this individual below:
□ Project Liaison
Name Phone #

Standard Construction-related Conditions Applicable to all Projects:

11. Transportation Construction Plan . The applicant and all persons associated with the project are hereby notified that a Transportation Construction Plan (TCP) is required for all phases of construction, particularly for the following activities:
• Alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes);
• Storage of building materials, dumpsters, debris anywhere in the public ROW; • Provision of exclusive contractor parking on-street; or • Significant truck activity.

The applicant shall secure the City Traffic Engineer’s approval of a TCP. Please contact the Office of Transportation at 981 -7010, or 1947 Center Street, and ask to speak to a traffic engineer. In addition to other requirements of the Traffic Engineer, this plan shall include the locations of material and equipment storage, trailers, worker parking, a schedule of site operations that may block traffic, and provisions for traffic control. The TCP shall be consistent with any other requirements of the construction phase.

Contact the Permit Service Center (PSC) at 1947 Center Street or 981-7500 for details on obtaining Construction/No Parking Permits (and associated signs and accompanying dashboard permits). Please note that the Zoning Officer and/or Traffic Engineer may limit off-site parking of construction-related vehicles if necessary to protect the health, safety or convenience of the surrounding neighborhood. A current copy of this Plan shall be available at all times at the construction site for review by City Staff.

12. Construction activity shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, and between 9:00 a.m. and noon on Saturday. No construction - related activity shall occur on Sunday or on any Federal Holiday.

13. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division, and carry out any necessary corrective action to their satisfaction.

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14. Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site.

15. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one -eighth millimeter in thickness and secured to the ground.

16. All active construction areas shall be watered at least twice daily, and all piles of debris, soil, sand or other loose materials shall be watered or covered.

17. Trucks hauling debris, soil, sand, or other loose materials shall be covered or required to maintain at least two feet of board.

18. Public streets shall be swept (preferably with water sweepers) of all visible soil mat erial carried from the site.

19. The applicant shall establish and maintain drainage patterns that do not adversely affect adjacent properties and rights-of-way.

20. The applicant shall ensure that all excavation takes into account surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.

21. Any construction during the wet season shall require submittal of a soils report with appropriate measures to minimize erosion and landslides, and the developer shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department.

22. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native A merican origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.

23. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).

Pursuant to CEQA Guidelines Section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted.

Therefore:

A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a

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qualified archaeologist, historian or paleontologist to assess the significance o f the find.

B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.

C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.

D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.

E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.

24. Human Remains ( Ongoing throughout demolition, grading, and/or construction ). In the event that hum an skeletal remains are uncovered at the project site during ground - disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to CEQA Guidelines Section 15064.5 (e)(1) . If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to Health and Safety Code Section 7050.5(c), and all excavation and site preparation activities shall cease within a 50 -foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and ti meframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.

25. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction).

In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.

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Prior to Issuance of Occupancy Permit or Final Inspection:

26. All construction at the subj ect property shall substantially conform to the approved Use Permit drawings or to modifications approved by the Zoning Officer.

27. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated June 2, 2023.

At All Times (Operation):

28. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.

Hot Tub Conditions

29. The hot tub shall be installed on a sound-proofing mat.

30. Vegetation shown on the site plans shall be maintained at all times.

31. The pump shall be mounted, enclosed and maintained to prevent noise from disturbing the occupants of neighboring properties.

32. The hot tub shall be equipped with safety features in accordance with the California Building Code.

33. This permit shall be subject to review and modification as necessary to alleviate excessive noise or disturbance to the neighborhood.

34. Mechanical operation and use must adhere to the exterior noise standards of BMC Section

13.40.050.

_____________________________________
Prepared by: Samella Stover, Planning Technician
For Samantha Updegrave, Zoning Officer

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S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED

LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

N/A
Legend General Notes
Client
Hami Kazerooni
2924 Russell St.

Planting of dense screening
vegetation along eastern and
western fences to further buffer hot
tub sound and provide privacy for
residents and neighbors.

NOTE: For rear deck and associated
perimeter GFCI, please refer to
Permit #B2023-01579.

NOTE: Dedicated hot tub GFCI and
revisions to Permit #B2023-01579 to
accommodate hot tub to be
processed under separate
application, pending AUP approval.

4. Stone paving & stone work
See Permit #B2023-01579

6. Electrical
For rear deck perimeter GFCI, please refer to Permit #B2023-01579. Dedicated hot tub GFCI to be processed under separate application, pending AUP approval.

Flagstone paving
Cable railing
Random Full Range Connecticut Bluestone
Available at Bay Area Bluestone
(415) 453-2262

RUSSELL ST

ASHBY AVE

PINE AVE
ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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R
U
S
S
E
L
L
S
T
PROPERTY LINE 130.00'
PROPERTY LINE 130.00'
PROPERTY LINE 48.00'
PROPERTY LINE 48.00'
(E) Concrete patio
S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
L1.0
Existing Site Plan
NorthNorth0 2 4 80
3/16"=1'-0"
3/16"=1'-0"
Existing Conditions
ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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(E) RESIDENCE
(E) GARAGE
& OFFICE
WOOD
DECK
WOOD

LANDING
7'5"x7'5" SPA
on
concrete pad

WOOD BENCH
(E) SIDEWALK
R
U
S
S
E
L
L
S
T
PROPERTY LINE 130.00'
PROPERTY LINE 130.00'
PROPERTY LINE 48.00'
(E) BUILDING
(E) Concrete wall
22'-11"

FROM PL
PROPERTY LINE 48.00'
(E) PORCH
(E) DRIVEWAY
35'-8"
FROPL
SEE PERMIT #B2023-01579
Dedicated GFCI for hot tub
(under separate application)
10'-10"

FROM DWELLING
Deck partially surrounding
hot tub to be 35" tall
Podocarpus hedge for privacy
screening and noise reduction
5'-7"

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C E NSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
L2.0
Proposed Site Plan
NorthNorth0 2 4 80
3/16"=1'-0"
3/16"=1'-0"
I have reviewed the plans for a 7.5' x 7.5' hot tub at 2924 Russell Street.

ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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6'-0"
12'-3" 4'-4"
10'-0"
19'-3"
DECK
5'-8"
9'-8"
6'-0"
13'-3"
42"
TYP
18"

EXISTING ELEVATION

PROPOSED ELEVATION
7'-9"
5'-0"
7'-9"

SETBACK
NOTE: THE GREATEST RISER HEIGHT AND TREAD DEPTH WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3
8 INCH.
5'-0" 7'-0"

HOUSE THRESHOLD LEVEL

EXISTING CONCRETE PATIO LEVEL

LOWER PATIO LEVEL

DECK LEVEL

HOUSE THRESHOLD LEVEL

UPPER PATIO LEVEL

LOWER PATIO LEVEL

WINDOW TO BE CONVERTED TO FRENCH DOORS

EXISTING CONCRETE PATIO
EXISTING DECK TO BE REFURBISHED;
SEE PERMIT #B2023-01579

EXISTING CONCRETE STEPS TO BE REPLACED

STUCCO WALL TO REMAIN
(E) STUCCO WALL
FRENCH DOORS, SEE PERMIT #B2023-01579
CONCRETE PAD, 7'4" x 7'4", SEE PERMIT #B2023-01579
CABLE RAIL GUARD, SEE PERMIT #B2023-01579

CONCRETE
RETAINING WALL; TOP OF WALL

FLUSH WITH UPPER PATIO LEVEL

CABLE RAIL RETURNS TO (E) STUCCO WALL,
SEE PERMIT #B2023-01579
SIDE WINDOWS, SEE PERMIT #B2023-01579

WOOD STAIR,
SEE PERMIT #B2023-01579

CONCRETE STAIR

PODOCARPUS HEDGE FOR PRIVACY SCREENING & NOISE REDUCTION

PITTOSPORUM HEDGE FOR PRIVACY

SCREENING & NOISE REDUCTION

DEDICATED HOT TUB GFCI (UNDER SEPARATE APPLICATION)

SOUND-REDUCING MAT PER HOT TUB MANUFACTURER
4 0
1/4"=1'-0"
28 1/4"=1'-0"
ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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6'-0"
12'-3" 4'-4"
10'-0"
19'-3"
DECK
5'-8"
9'-8"
6'-0"
13'-3"
42"
TYP
18"

EXISTING ELEVATION

PROPOSED ELEVATION
7'-9"
5'-0"
7'-9"

SETBACK
NOTE: THE GREATEST RISER HEIGHT AND TREAD DEPTH WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3
8 INCH.
5'-0" 7'-0"

HOUSE THRESHOLD LEVEL

EXISTING CONCRETE PATIO LEVEL

LOWER PATIO LEVEL

DECK LEVEL

HOUSE THRESHOLD LEVEL

UPPER PATIO LEVEL

LOWER PATIO LEVEL

WINDOW TO BE CONVERTED TO FRENCH DOORS

EXISTING CONCRETE PATIO
EXISTING DECK TO BE REFURBISHED;
SEE PERMIT #B2023-01579

EXISTING CONCRETE STEPS TO BE REPLACED

STUCCO WALL TO REMAIN
(E) STUCCO WALL
FRENCH DOORS, SEE PERMIT #B2023-01579
CONCRETE PAD, 7'4" x 7'4", SEE PERMIT #B2023-01579
CABLE RAIL GUARD, SEE PERMIT #B2023-01579

CONCRETE
RETAINING WALL; TOP OF WALL

FLUSH WITH UPPER PATIO LEVEL

CABLE RAIL RETURNS TO (E) STUCCO WALL,
SEE PERMIT #B2023-01579
SIDE WINDOWS, SEE PERMIT #B2023-01579

WOOD STAIR,
SEE PERMIT #B2023-01579

CONCRETE STAIR

PODOCARPUS HEDGE FOR PRIVACY SCREENING & NOISE REDUCTION

PITTOSPORUM HEDGE FOR PRIVACY

SCREENING & NOISE REDUCTION

DEDICATED HOT TUB GFCI (UNDER SEPARATE APPLICATION)

SOUND-REDUCING MAT PER HOT TUB MANUFACTURER
4 0
1/4"=1'-0"
28 1/4"=1'-0"
S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

Page 5 of 8 ends

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EXISTING ELEVATION

PROPOSED ELEVATION
NOTE: THE GREATEST RISER HEIGHT AND TREAD DEPTH WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3
8 INCH.

STUCCO WALL TO REMAIN
EXISTING DECK TO BE REFURBISHED;
SEE PERMIT #B2023-01579

EXISTING CONCRETE RETAINING WALL TO BE REPLACED

EXISTING CONCRETE STEPS TO BE REPLACED

EXISTING CONCRETE RETAINING

WALL TO BE REPLACED
(E) STUCCO WALL
18" HT. CONCRETE
RETAINING WALL; TOP OF WALL

FLUSH WITH UPPER PATIO LEVEL

CABLE RAIL RETURNS TO (E) STUCCO WALL
(SEE PERMIT #B2023-01579)

WOOD BENCH FLUSH WITH TOP OF WALL

WOOD LANDINGS AND STAIRS,
SEE PERMIT #B2023-01579
CABLE RAIL GUARD, SEE PERMIT #B2023-01579
CONCRETE PAD, 7'4" x 7'4", SEE PERMIT #B2023-01579

CONCRETE STEPS
WOOD DECK, SEE PERMIT #B2023-01579

DECK LEVEL

HOUSE THRESHOLD LEVEL

UPPER PATIO LEVEL

LOWER PATIO LEVEL

HOUSE THRESHOLD LEVEL

EXISTING CONCRETE PATIO LEVEL

LOWER PATIO LEVEL

WALL SCONCE LIGHT
PERIMETER GFCI, SEE PERMIT #B2023-01579
NEW HOT TUB (W/ INTERNAL EQUIPMENT), SEE L4.0 DETAILS

PODOCARPUS HEDGE FOR PRIVACY

SCREENING & NOISE REDUCTION
CABLE RAIL GUARD (42" HT. ABOVE DECK, W/ GAPS BETWEEN
CABLES AT 3") WRAPS AROUND HOT TUB (UNDER SEPARATE APPLICATION)

SOUND-REDUCING MAT PER HOT TUB MANUFACTURER
S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

Page 6 of 8 ends

Page 80 of 174 ends

Page 340 ends

S C A L E :

D R A W I N G N O :

D A T E :

I S S U E S :

T I T L E :

OUT
architecture
6000 HARDWOOD AVE
OAKLAND CA 94618

INSIDEO
interiors landscape
510 655 7674
aboutinsideout.com
2924 Russell St.

Berkeley, CA
John Pennell Phillips - No. 5602
STATE
O
F
CA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED LANDSCAPE

ARCHITECT
03-31-2024
Kazerooni
Residence

04.04.2023AUP COMMUNITY

OUTREACH
MAY 15, 2023

05.12.2023AUP APPLICATION

REVISION IN

RESPONSE TO

NEIGHBOR COMMENT
L4.0
Details

ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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ITEM #4 - ATTACHMENT 2
ZAB 2023-10-12

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Z ONING

A DJUSTMENT S
B OARD
Staff Report
1947 Center Street, Berkeley, CA 94704 Tel:
510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420
E-mail: [email protected]

FOR BOARD ACTION
OCTOBER 12, 2023
2924 Russell Street
Appeal of Zoning Officer’s Decision to approve Administrative Use Permit ZP#2023-0081 to install unenclosed hot tub in rear yard.

I. Background
A. Land Use Designations:
• General Plan: Low Density Residential
• Zoning: Single-Family Residential District (R-1)
B. Zoning Permits Required:

Administrative Use Permit to install an unenclosed hot tub, under Berkeley Municipal Code (BMC) Section 23.304.070(D)
C. CEQA Recommendation: It
is staff’s recommendation that the project is c ategorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”).

D. Parties Involved:
• Applicant Pennell Phillips, Oakland
• Property Owner Homayoon Kazerooni,
2924 Russell Street, Berkeley
• Appellants Richard Spohn,
2928 Russell Street, Berkeley
ITEM #4
ZAB 2023-10-12
Attachment 4

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
OCTOBER 12, 2023 Page 2 of 9

File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS Figure 1: Vicinity Map –
2924 Russell Street (Project Site) & 2924 Russell Street (Appellant Site)

*Map not to scale
Yellow = R-1 Zoning District

Project
Site
Appellant
Site
X
Hot Tub
Location
North
ITEM #4
ZAB 2023-10-12

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
OCTOBER 12, 2023 Page 3 of 9

File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS Figure 2: Site Plan – Hot Tub Installation

Appellant Site
ITEM #4
ZAB 2023-10-12

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
OCTOBER 12, 2023 Page 4 of 9

File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS Table 1: Land Use Information

Location Existing Use Zoning
District General Plan Designation
Subject Property Single-family Dwelling
R-1 LDR (Low Density
Residential) Surrounding
Properties
North Two, detached single-family
dwellings
South
Single-family dwelling

East
West

Table 2: Special Characteristics

Characteristic
Applies
to
Project?
Explanation
Affordable Child Care Fee for
qualifying non-residential projects
(Per Resolution 66,618-N.S.)
No
This fee applies to projects with net new 7,500
square feet of non-residential floor area. The
project is an accessory structure for a residential
use, and thus this requirement does not apply
Affordable Housing Fee for qualifying
non-residential projects (Per
Resolution 66,617-N.S.)
Affordable / Inclusionary Housing
Requirements (BMC 23.328)
No
The project is not a housing development project,
as defined in BMC 23.328.0201 because it does
not include the construction of any residential
units, and the inclusionary housing provisions do
not apply.

Alcohol Sales/Service No This project is a residential project.

Creeks No This project is not located within the creek buffer.

Density Bonus No This project is not a density bonus project.

Natural Gas Prohibition
(Per BMC 12.80.020) No This project is would not construct a new building, and is not subject to the natural gas prohibition.

Historic Resources No
The project site is not designated as a Landmark
by the City, nor is the application proposing to
demolish the existing structure.

Housing Accountability Act (HAA)
(Gov’t Code Section 65589.5(j))

A “housing development project” is defined as a
project that is: residential units only, a mixed-use
project with at least two-thirds of the square-
footage, or for transitional or supportive housing.

The project is a hot tub accessory to a residential
use and does not create new dwelling units,
therefore HAA and the Housing Crisis Act are not
applicable.

Housing Crisis Act of 2019 (SB330)
Oak Trees No There are no coast live oak trees on or abutting the project site.

Rent Controlled Units No There are no rent controlled units on the subject site.

ITEM #4
ZAB 2023-10-12

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
OCTOBER 12, 2023 Page 5 of 9

File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS Residential Preferred Parking (RPP) No The neighborhood surrounding the subject site is not located in an RPP zone.

Seismic Hazards (SHMA) No
This property is not located within an area
susceptible to earthquakes and landslides as
shown on the State Seismic Hazard Zones Map,
however the project is exempt because the
structure is not habitable.

Soil/Groundwater Contamination No
The project site is not located within the City’s
Environmental Management Area and is not on the
Cortese List. Standard Conditions of Approval
related to hazardous materials would apply.

Transit Yes The property is located within 5 minutes of the AC Transit #79 and 604 Bus Routes.

Table 3: Project Chronology

Date Action
June 2, 2023 Application submitted
July 3, 2023 Application deemed complete
July 20, 2023 Notice of Administrative Decision issued
August 9, 2023 Appeal letter received
September 28, 2023 Public hearing notices mailed/posted October 12, 2023 ZAB appeal hearing

II. Project Setting

A. Neighborhood/Area Description: The subject site is located in South Berkeley, outside of the Elmwood District between Ashby Avenue and Avalon Avenue. The surrounding area is composed of one- to three-story single-family dwellings and has many mature street trees and vegetation. The property is within a five- minute walk from several commercial properties including the Claremont Club & Spa and John Muir Elementary School. |

B. Site Conditions: The project site is a rectangular, interior lot, located on the south side of Russell Street. The street slopes gently uphill heading east towards Claremont Ave from the street. It is developed with a two-story single-family dwelling and a two- car detached garage in the rear southeast corner. The site also has some mature trees and vegetation.

ITEM #4
ZAB 2023-10-12

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
OCTOBER 12, 2023 Page 6 of 9

File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS III. Project Description

The project approved by the Zoning Officer would allow a 7. 5-foot-by-7.5-foot hot tub to be installed at the rear deck of the dwelling unit. The placement of the hot tub would sit on top of a concrete pad, have enclosed equipment and installation of a sound- reducing mat to ensure compliance with the noise ordinance and additional screening hedges to provide sound mitigation and privacy. There is a 6-foot 5-inch concrete wall along the east side lot line that runs from the back of the existing dwelling to the rear lot line.

IV. Community Discussion

A. Neighbor/Community Concerns: Prior to submitting the application to the City, the applicant conducted the required neighborhood outreach by obtaining signatures from owners of five of the abutting or confronting and sending notice via certified mail to the three others between April 3—5, 2023. They also installed the yellow application poster in April 2023.

B. Zoning Officer’s Decision to Approve: The Zoning Officer determined that the proposed project would not result in detrimental air, views, light, or privacy impacts, would be subject to City’s noise ordinance and conditions of approval, and would be consistent with the underlying development standards in the R-1 zoning district (BMC Section 23.202.050).

C. Appeal: The appeal of the Administrative Use Permit approval was filed on August 9 , 2023 by
Richard Spohn, the owner of 2928 Russell Street, the parcel to the east.

D. Public Notice: On September 28, 2023, the City mailed public hearing notices to all adjacent property owners and occupants within 300 feet of the subject property , and to interested neighborhood organizations. Staff also posted the Notice of Public Hearing at three locations within the immediate vicinity of the subject site. At the time of this writing, Staff has not received any communications, outside of the appeal letter, regarding this project.

V. Appeal Issues and Analysis

A. Appeal Issues:

Multiple issues were raised in the appeal letter, however, there are three main appeal points that may be subject to the Zoning Adjustment s Board’s purview and are summarized below.

Please see attached letter for complete text.

1. The pre-application neighborhood contact was not done properly.

2. The hot tub would be installed too close to the appellant’s property compromising their privacy.

3. The potential noise associated with the use of hot tubs.

ITEM #4
ZAB 2023-10-12

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
OCTOBER 12, 2023 Page 7 of 9

File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS B. Staff Analysis

1. Pre-Application Neighborhood Contact is one of the required submittal items for any discretionary permit (Attachment 6 pages 1 and 4). While the pre-application neighborhood contact is a procedural issue and not explicitly required by code, an applicant must provide all the applicable submittal requirements per BMC 23.404.020(B)(3). The Instructions Regarding Community Outreach (Attachment 7) states that “the City strongly encourages owners to meet with their neighbors,” “projects in a Residential (R) Districts require contact between the property owner and the abutting and confronting property owners and tenants,” and requires that “once an applicant is ready to submit the application, he/she should request their neighbors' signatures on the site plan drawing….” Property owners may designate an applicant to act on their behalf during all stages of permitting. While it is preferred that contact occur directly between neighbors, the owner can designate someone else to make contact and gather signatures prior to submitting a zoning permit.

The applicant collected signatures from the owners at 2928, 2929, and 2932 Russell Street between April 3-4, 2023 (Attachment #2). Notice was sent via certified mail to 2920 Russell Street and 2923 and 2929 Ashby Avenue on Aril 5, 2023 (Attachment #7). The application was submitted to the City on June 2 with the signatures on the site plan and the certified mail receipts, as noted above.

The appellant states that the pre- application neighborhood contact was not proper ly conducted, their concerns not disclosed, and that the AUP should be denied as a result. All abutting and confronting owners were contacted, including the appellant, prior to the application submittal. The appellant did sign a copy of the proposed site plan on April 4, 2023 (Attachment #2, Project Plans, sheet L2.0) and noted “concerns about operational noise of tub and usage.” The yellow pre-application poster was also posted in the front yard of the site prior to the application submittal. Noise is discussed in further detail in item B(3) of this section below.

The applicant satisfied this requirement by notifying neighbors and obtaining signatures, including that of the appellant, on the site plan drawing submitted at the time of application, or by sending certified mail. The appellant’s concerns are recorded on the signed site plan, and addressed in the submittal. The application contained the required information to confirm that the pre-application neighbor notice had occurred.

Hot Tub Distance from Accessory Building

2. The proposed hot tub would be installed behind the house, adjacent to a new deck approved under a separate building permit, approximately 11 feet from the back of the dwelling. There is a 6-foot, 5-inch concrete wall along the eastern lot line and additional privacy hedges are proposed in this area. The hot tub would be setback approximately 23 feet from the rear lot line (south), 36 feet from the west side lot line, and 5 feet, 7 inches from the eastern side lot line that is shared with the appellant’s property at 2928 Russell Street. There is an accessory building in the southwest corner of 2928 Russell Street – a garage converted to a workshop and study with a water closet in 2014. Per the approved plans, it is approximately 2-feet from the shared lot line with the subject site.

ITEM #4
ZAB 2023-10-12

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
OCTOBER 12, 2023 Page 8 of 9
File: \\cobnas11\g$\Depart
mental-Data\Planning\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS The proposed hot tub was correctly shown on the application plans submitted and approved plans. There are typos in the original findings that describe the hot tub location incorrectly stating that the “common living areas of the adjacent residents of 2928 Russell Street are located 10-feet, 10 inches above ground and 2928 Russell Street is approximately 50 feet away from the proposed location.” This staff error incorrectly refers to above ground living area, 2928 Russell Street twice, and omits other dimensions. The hot tub is located 10 feet, 10 inches from the rear of the subject residence and around 50 feet from the residence at 2920 Russell Street, and 7 feet, 7 inches from the accessory building at 2928 Russell Street.

The findings and conditions have been revised to correct this error, and provided with track changes to show the corrections clearly.

The appellant states that the hot tub is too close to the accessory building, which is used as a home office and g
uest cottage, and that is 25 feet from their glass -enclosed living space that contains their kitchen and family room, and near a bedroom window. The presence of an accessory structure or building does not preclude the applicant from having a hot tub on their lot. The rear walls of the residence at 2928 Russell is offset from the rear wall of the dwelling on the subject site, and the hot tub is located almost 11 feet behind it.

Twenty-five feet of separation between the proposed hot tub and the common living area and a bedroom of the neighboring residence is adequate separation for potential impacts.

In addition to the separation between the neighboring residences and the existing wall and fences, new plantings are proposed along the side lot line. The location of the hot tub would not be detrimental to privacy.

Hot Tub Noises

3. All hot tubs, regardless of their location, are required to have mounted and enclosed pumps so that sound is not audible on adjacent lots, and zoning permits for hot tubs include standard conditions of approval to ensure compliance. The use of hot tubs is not regulated by the Zoning Ordinance, however, the City’s Noise Ordinance, BMC Chapter 13.40 Community Noise, applies to all outdoor activities.

As noted above, the appellant added concerns about the operational noise of tub and usage when they signed the plans on April 4, 2023. The Applicant Statement acknowledged these concerns and noted that recommendations on models with enclosed equipment and quieter operations than industry standards were being considered (Attachment 9). The s tatement
also indicates that the tub would be located on a soundproof mat and additional screening vegetation would be planted at the side lot lines.

The approved plans include a note (Attachment 2, Sheet L0.0) that “per neighbor request, hot tub selection criteria include low noise relative to industry standards. Hot tub to include a sound- reduc
ing mat that complies with manufacture specifications. Planting of dense vegetation along eastern and western fences to further buffer hot tub sound and provide privacy for residents and neighbors.”
The City-adopted
standards are in place citywide and adequate to address potential noise for both the operation and the use of the hot tub . The proposed projects would provide additional measures such a sound-proofing mat and plantings. These features are required to be installed because they are shown on the site plan, but staff have added them into the ITEM #4
ZAB 2023-10-12

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ZONING ADJUSTMENTS BOARD 2924 RUSSELL STREET
OCTOBER 12, 2023 Page 9 of 9
File: \\cobnas11\g$\Depart
mental-Data\Planning\LANDUSE\Projects by Address\Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS revised conditions of approval to ensure their installation and maintenance (COA #29-30).

The project would also be subject to the standard hot tub conditions of approval for operational noise (COA #31-34). Noise generated from the resident’s use of the hot tub is regulated under BMC Chapter 13.40, Community Noise, and not underneath the Zoning Adjustments Board purview.

VI. Recommendation
Because of the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, sta
ff recommends that the Zoning Adjustments Board
APPROVE ZP2023-0081 pursuant to Section 23.406.040 and subject to the attached revised Findings and Conditions (Attachment #6), and DISMISS the Appeal.

Attachments:

1. Findings and Conditions, October 12, 2023

2. Project Plans, received June 2, 2023

3. Notice of Administrative Decision (AUP), dated July 20, 2023

4. Appeal Letter, received August 9, 2023

5. Notice of Public Hearing

6. Zoning Project Application Submittal Requirements

7. Instructions Regarding Community Outreach

8. Certified Mail, April 5, 2023 (pages 15-18 extracted from June 2, 2023 Application Packet)

9. Applicant Statement, dated May 15, 2023
Staff Planner: Samel
la Stover, [email protected], (510) 981-7425
ITEM #4
ZAB 2023-10-12

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A t t a c h m e n t 1
F i n d i n g s a n d C o n d i t i o ns
O C T O B E R 1 2 , 2023

1947 Center Street, 2nd Floor, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
2924 Russell Street

Administrative Use Permit #ZP2023-0081

To install an unenclosed hot tub in the rear yard.

PERMITS REQUIRED
• Administrative Use Permit pursuant to Berkeley Municipal Code (BMC) Section

23.304.070(D) to install an unenclosed hot tub.

CEQA FINDINGS

FINDINGS FOR APPROVAL

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2924 RUSSELL STREET Findings and Conditions

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4. Pursuant to BMC Section 23.304.070(D)(2), the Zoning Officer finds that:

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2924 RUSSELL STREET Findings and Conditions

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\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address \Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS \2023_10-12_ZAB ATT 1_APFC_2924 Russell.docx

STANDARD CONDITIONS

The following conditions, as well as all other applicable provisions of the Berkeley Municipal Code, apply to this Permit:

4. Conformance to Approved Plans (BMC Section 23.404.060.B.4) All work performed under an approved permit shall be in compliance with the a pproved plans and any conditions of approval.

B. A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

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2924 RUSSELL STREET Findings and Conditions

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\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address \Russell\2924\ZP2023-0081\APPEAL\DOCUMENT FINALS \2023_10-12_ZAB ATT 1_APFC_2924 Russell.docx

ADDITIONAL CONDITIONS IMPOSED BY THE ZONING OFFICER
Pursuant to BMC Section 23.404.050(H), the Zoning Officer attaches the following additional conditions to this Permit:

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2924 RUSSELL STREET Findings and Conditions

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Standard Construction-related Conditions Applicable to all Projects:

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