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The p roject’s impact on cultural resources under CEQA is not affect ed by the LPC determination. See Section V for a discussion of CEQA.
V. CEQA Categorical Exemption
On October 4, 2024, staff determined that the project is categorically exempt from the provisions of CEQA under Section 153 32 (“Infill Development Projects”) of the CEQA Guidelines, pursuant to Assembly Bill (AB) 1633. (See Attachment 1, Exhibit A .) AB 1633, which became effective on January 1, 2024, revised a provision in the Housing Accountability Act (HAA, Government Code Section 65589.5) that allows developers to file a petition to enforce the HAA’s protections where a local agency fails to make a determination that the project is exempt from CEQA when it is eligible for the exemption.
The project applicant filed an AB 1633 Notice with the City on March 4, 2024 and attached technical reports that supported the project’s eligibility for a Class 32 Categorical Exemption from CEQA and the inapplicability of any Exceptions to the exemption ( CEQA Guidelines, Section 15300.2). (See Attachment 3.) Submitted technical reports included the following:
Traffic Impact Analysis, Historic Resources Evaluation, Project Impacts Analysis, Air Quality Impacts Analysis, Noise Impact Analysis , and Water Quality Impact Analysis. All technical reports were peer reviewed by a CEQA consultant, and were revised or supplemented for adequacy.
Upon review of all evidence on the record, staff determined that the project would meet all of the requirements of the Class 32 Infill Exemption, as follows:
1. The project is consistent with the applicable General Plan designation and policies, and with the applicable zoning designation and regulations.
2. The project occurs within the Berkeley City limits on a project site of no more than five acres, and is surrounded by urban uses.
3. The parcels within the project site have previously been developed and have no value as habitat for endangered, rare or threatened species.
4. The project would not result in any significant effects relating to traffic, noise, air quality or water quality. The Traffic Impact Analysis prepared for the project was reviewed by the City Transportation Division which concurred with the findings of less than significant impacts. City Standard Conditions would address potential impacts related to traffic, noise, air quality, and water quality.
5. The site can be adequately served by all required utilities and public services.
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File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Shattuck\2274\ZP2023-0079\4-REPORT DOCUMENTS [DRAFTS]\2024-12-12 ZAB\2024-12-12_ZAB_SR_2274 Shattuck.docx Further, staff determined that the project would not result in a substantial adverse change to the historical resource because it would preserve and rehabilitate the main character defining feature of the historical resource (the Art Deco upper façade on Shattuck Avenue). Thus, staff determined that the project would not meet the criteria for the historical resource exception to the use of a categorical exemption [ CEQA Guidelines Section 15300.2(f) ].4 Staff also determined that none of the other exceptions in Section 15300.2 apply to the project – (a) Location, (b) Cumulative Impact, (c) Significant Effect, and (d) Scenic Highways.
Staff issued an AB 1633 Determination Letter on October 4, 2024 with the determination that the project is exempt under the Class 32 Infill Exemption. Government Code Section 65950(a)(5) requires a public agency to approve or disapprove a project within 60 days from the determination that the project is exempt from the CEQA. The deadline for the City’s decision on the project was extended the by written mutual agreement with the applicant to the December 12, 2024 ZAB hearing. The ZAB must approve or disapprove the project at this hearing.
VI. Issues and Analysis
A. Housing Accountability Act: The Housing Accountability Act (HAA), California Government Code Section 65589.5(j), 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; 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.
The project is a “housing development project” consisting of a mixed-use building with at least two-thirds of the floor area in residential use/transitional or supportive housing. The Base Project includes Use Permits and/or Administr ative Use Permits 5 to allow building
height over the district limit and rooftop architectural projections above the height limit, and complies with applicable, objective general plan and zoning standards. Government Code Section 65589.5(j)(3) provides that a request for a density bonus “shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.” Therefore, the City may not deny the Base Project or density bonus request or reduced the density
4 CEQA Guidelines Section 15300.2(f). “Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.” 5 The City has determined that the “protections afforded by the HAA and the definition of a base project for density bonus calculations apply to a housing development project up to and including the maximum development allowed with use permits and/or administrative use permits.”
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As shown in Table 4, Development Standards, the project complies with the zoning standards. The project includes Use Permits or Administrative Use Permits to modify standards to represent the maximum allowable density on the site. There are no objective criteria in the permit findings; therefore, the project still complies with the HAA. The ZAB has the discretion to approve, deny or modify the request according to the zoning findings, provided the action does not reduce the project density or effectively deny the project by making it infeasible, unless the ZAB is also able to make the required findings for denial set forth under Section 65589.5(j), above.
Staff is not aware of specific adverse impacts that could occur with the construction of the of the project.
B. S enate Bill 330 – Housing Crisis Act of 2019 : The Housing Crisis Act, also known as Senate Bill (SB) 330, seeks to boost homebuilding throughout the State with a focus on urbanized zones by expediting the approval process for and suspending or eliminating restrictions on housing development projects. A “housing development project” means a use that is: all residential; mixed use with at least two- thirds of the square footage as residential; or transitional or supportive housing. Sections of SB 330 that apply to the proposed project include the following:
1. Government Code Section 65905.5(a) states that if a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, then the city shall not conduct more than five hearings in connection with the approval of that housing development project. This includes all public hearings in connection with the approval of the housing development project and any continuances of such public hearings. The city must consider and either approve or disapprove the project at any of the five hearings consistent with applicable timelines under the Permit Streamlining Act [Chapter 4.5 (commencing with Section 65920)].
The December 12, 2024 ZAB Hearing represents the third public hearing for the proposed project since the project was deemed complete. The application must be approved or disapproved at tonight’s hearing. See Section VI.B.3 for details. One hearing must be reserved for a potential appeal to the City Council.
2. Government Code Section 65913.10(a) requires that the City determine whether the proposed development project site is a n historic site at the time the applicatio n for the housing development project is deemed complete. The determination as to whether the parcel is an historic site must remain valid during the pendency of the housing development project, unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities.
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File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Shattuck\2274\ZP2023-0079\4-REPORT DOCUMENTS [DRAFTS]\2024-12-12 ZAB\2024-12-12_ZAB_SR_2274 Shattuck.docx As discussed in Section IV.C, the United Artists Theater building at 2274 Shattuck Avenue is an historic resource that is on the CRHR, is eligible for listing on the NAHP, and was designated a City Landmark on March 20, 2024. The building was not a City Landmark (local historic resource) at the time that the project’s SB 330 Preliminary Application was complete on November 29, 2022. The City determined the project to be exempt from environmental review under CEQA , despite the presence of an historic resource, because the project would preserve and rehabilitate the main character defining feature of any historical resource. Standard conditions of approval hav e also been included to halt work if any unanticipated discovery of archeological, paleontological, or tribal cultural resources.
3. Government Code Section 65950(a)(5) requires a public agency to approve or disapprove a project within 60 days from the det ermination that the project is exempt from the California Environmental Quality Act. Staff determined that the project was categorically exempt from CEQA review (under Class 32, CEQA Guidelines, Section 15332, “Infill Development Project ”) on October 4, 2024. The 60-day deadline for the City’s decision on the project was extended by written mutual agreement with the applicant to the December 12, 2024 ZAB hearing. The application must be approved or disapproved at tonight’s hearing.
C. Density Bonus Waivers and Concessions: The project is entitled to three concessions (or incentives), under Government Code Section 65915(d) for providing at least 15 percent of total units to very low-income households, and an unlimited number of waivers, under Section 65915(e).
1. Concessions: A concession or incentive is a modification of a zoning code requirement that results in identifiable and actual cost reductions to provide for affordable housing costs. The applicant is requesting no concessions for the project.
2. Waivers: A waiver is a modification of a development standard that would otherwise physically preclude the construction of the project with the permitted density bonus and concessions. Waivers for height (maximum height and rooftop projections), front and side setbacks, diagonal width, private (usable) open space, and long-term bicycle parking are requested . The waivers are requested because they are necessary to physically accommodate the additional 76 units as allowed under the density bonus project on the site.
The City may only deny the waivers if it finds that the waivers would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income, very-low income, and moderate- income households, or if the waiver would be contrary to State or Federal law. Staff believes such a finding cannot be made.
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23.326.070 main non-residential buildings may be demolished provided that the demolition will not be materially detrimental to the commercial needs and public interest of the impacted neighborhood and one of the following findings can be made: that the demolition of the structure is required to allow a proposed new building or other proposed new use; will remove a building which is unusable for activities which are compatible with the purposes of the District in which it is located or which is infeasible to modify for such uses; will remove a structure which represents an un-abatable attractive nuisance to the public; or is required for the furtherance of specific plans or projects sponsored by the City or other local district or authority.
Although proposed demolition of the majority of the existing movie theater building would replace the existing commercial building with a mixed-use residential building that would reduce the amount of commercial floor area on the site, the project would not be materially detrimental to the commercial needs and public interest of the neighborhood because the movie theater business had ceased operations in February 2023, and the new project would contain a ground-floor café to bring more services to residents and workers in the vicinity .
The project would also provide a significant amount of new housing to the neighborhood and the City at large. The existing structure to be demolished is a 23,289-square-foot movie theater. This commercial use would be replaced by an 865-square-foot café and 227 new residential units, including 23 very low-income affordable units. The demolition is required in order to allow the proposed mixed-use residential project to be built. The proposed development would be compatible with the C -DMU District purposes and the adjacent permitted uses, as discussed in the Section VII, Other Considerations.
In addition, if demolishing a non-residential building more than forty years old, the demolition may be allowed if the LPC, upon review, does not recommend against granting the permit.
The LPC reviewed the demolition referral for the project and did not recommend against the demolition permit.
VII. Other Considerations (Zoning and Land Use Considerations) The following analyses of conformance with district purposes, the Downtown Area Plan (adopted 2012), and the 2002 General Plan goals and policies are provided for informational purposes only, to provide context, because the proposed project is HAA -compliant. The following permits have been determined by the City to be included in the Base Project of the proposal, and are subject to Section 65589.5(j) of the HAA. See section VI.A for discussion of the HAA. All permits are subject to the C DMU District permit findings and General Non- Detriment findings discussed in sections VII.A and VII.B.
A. Findings for Use Permits in C-DMU District: Pursuant to BMC Section 23.204.130(I), in order to approve any Use Permit in the district, the Board must make the findings that the proposed use or structure:
1. Is compatible with the purposes of the district:
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File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Shattuck\2274\ZP2023-0079\4-REPORT DOCUMENTS [DRAFTS]\2024-12-12 ZAB\2024-12-12_ZAB_SR_2274 Shattuck.docx The purpose of the C-DMU Downtown Mixed-Use District is to implement the vision and goals of the Downtown Area Plan (DAP). Summarized below are the principal goals of the DAP that are applicable to the project, in each of the main areas of concentration:
Environmental Sustainability and Access, Land Use, Housing and Community Health and Services, Economic Development , Historic Preservation and Urban Design, and Streets and Open Space.
• Environmental Sustainability and Access . DAP goals: Integrate environmentally sustainable development and sustainability best practices; encourage high density, highly livable development to utilize regional transit and improve the availability of diverse walk -to destinations; promote “green” buildings; promote ecologically beneficial landscaping and stormwater features; m inimize waste generated Downtown; improve options that increase access to Downtown on foot, by bicycle, and via transit; provide parking to meet the needs of Downtown, while discouraging commuter parking; promote transit as an efficient, attractive choice and as a primary mode of travel.
The project would be a high-density development in proximity to regional transit, shops and amenities, and would provi
de more housing in the Downtown to increase
access to local services and amenities by foot, by bicycle and via transit , while promoting public transit as an efficient and attractive choice through its location and through its Transportation Demand Management measures and other associated Conditions of Approval. The project is designed to achieve GreenPoint Rated Silver certification, which is equivalent to LEED Gold, and satisfies this DAP requirement .
The project would also comply with the State’s Model Water Efficient Landscape Ordinance (MWELO), and would feature a number of native plant species in its landscape palette.
• Land Use. DAP goals: Encourage a thriving, livable Downtown that is a focal point for the city and a major destination for the region, with a unique concentration of housing, jobs and cultural destinations near transit, shops and amenities; new development contributes fair share toward Downtown improvements; cultivate Downtown as an attractive residential neighborhood with a range of housing opportunities, with an emphasis on affordable housing and family housing; n ew development enhances Downtown’s vitality, livability, sustainability, and character through appropriate land use and design; enhance Downtown as a center for employment and innovative businesses.
The mixed-use residential project, which includes 23 VLI units, would add affordable
housing to the Downtown area. The rehabilitated movie theater front façade and café (repurposed from a theater lobby) would contribute to the area’s vitality, livability, sustainability, and character. New street trees and landscaping along Bancroft Way would add to the cultivation of the Downtown as an attractive residential neighborhood.
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The project will involve construction of a mixed-use
residential building with a total
of 227 dwelling units, including 23 VLI units. The project would expand the supply of affordable housing and contribute to a thriving, livable, diverse residential neighborhood with a mix of supportive uses in Downtown. • Economic Development : DAP Goals: Make Downtown a more attractive regional destination, by building on Downtown’s unique blend of cultural, hist oric, entertainment and by promoting successful retail businesses and other attractions with daytime and nighttime populations to support them; make Downtown more attractive and economically successful, encourage place- making through the preservation of historic buildings, street and open space improvements, and high- quality new construction; Invest in civic improvements (such as streets, open spaces, and community facilities) to enhance Downtown as a place to live, work, and visit; Increase the number of Downtown jobs that go to Berkeley residents, and support the development of job skills for Berkeley residents – especially Berkeley’s youth; serve the housing needs of all income groups and provide a growing base of residents who support a broad range of Downtown retail and other business.
The project would introduce 227 new residential units, in a mix of unit sizes – st udio,
two-bedroom and four -bedroom units – and 2 3 very low -income units to the neighborhood, to help broaden the range of household incomes in the area and contribute to diversifying housing opportunities for households of different ages, incomes, varying sizes, and abilities in the Downtown, while preserving the character of the Downtown Historic neighborhood through the rehabilitation of the UA Theater façade.
• Historic Preservation and Urban Design: DAP goals: Conserve Downtown’s historic resources and unique character and sense of place; enhance areas of special character in Downtown, such as clusters of historic resources; provide continuity and harmony between the old and the new in the built environment; improve the visual and environmental quality of Downtown, with an emphasis on pedestrian environments that are active, safe and visually engaging.
The 2274 Shattuck building, also known as the Unite
d Artists Theater, is an historic
resource listed in the CRHR and was found to be eligible for NAHP designation, as well as a contributor to the Shattuck Avenue Commercial Corridor Historic District.6
6 The Historic District was never officially established by the City Council.
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File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Shattuck\2274\ZP2023-0079\4-REPORT DOCUMENTS [DRAFTS]\2024-12-12 ZAB\2024-12-12_ZAB_SR_2274 Shattuck.docx The LPC designated the building a City Landmark in February 2024, with the upper portion of the Shattuck Avenue building façade as the distinguishing features to be preserved and restored (see Section IV.C for discussion). The project proposes to demolish the entire building, excepting the Shattuck Avenue façade and theater lobby, which would be rehabilitated and repurposed.
The DRC evaluated the project design’s consistency with DAP Design Guidelines and its impact to the Shattuck Avenue Downtown Historic Di strict, and conditioned the project approval to provide further design refinements at FDR , in order to enhance compatibility of building design with the Downtown District. • Streets and Open Space: DAP Goals: Enhance public open spaces and streets to benefit pedestrians, improve Downtown’s livability, and foster an exceptional sense of place; promote watershed health through the use of ecologically beneficial landscaping and other features; adequately fund Stre ets and open space improvements, maintenance, and cleaning; new development contributes to greenery and open space.
The project would include new street trees along Bancroft Way and 7,737 squa re feet of private open space in the form of private patios, ground-floor common space and a roof deck for residents , that would comply with the State’s MWELO requirements. In addition, the project would be required to contribute to the Streets and Open Space Improvement Plan (SOSIP) fund via Condition of Approval.
2. Is compatible with surrounding uses and buildings.
Uses on properties surrounding the project site include retail, the Berkeley Public Library, restaurants, retail and offices, and multi-family residential. The project features primarily a multi-family residential use with a ground-floor café, a similar mixture of uses that already exists on the site and in the vicinity. Thus, the project would not introduce new land uses that do not already exist in the Downtown, and would further the vision and goals of the DAP. The DRC approved the project with conditions for further design refinement, and deemed the project consistent with DAP design guidelines.
B. General Non- Detriment Finding: BMC Section 23.406.040 states that before the ZAB approves an application for a Use Permit, it must find that 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.
1. The project is consistent with all applicable C -DMU District standards and qualifies for concessions and waivers for the listed district standards granted pursuant to State Density Bonus, Government Code, Section 65915.
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2. Shadows: According to the shadow studies submitted for the project (see Attachment 2, Project Plans – Sheets A0.4A through A0.4C), new shadow impacts would occur: a) in the summer months in the hours after sunrise on the residential building s at 2120 Bancroft Way and 2020 Kittredge Street to the west, and in the hours before sunset on the mixed-use residential buildings at 2295 and 2319 Shattuck Avenue to the east; and b) in the winter months in the hours after sunrise on the residential building s at 2020 Kittredge Street to the west, and in the hours before sunset on the mixed-use residential building at 2231 Shattuck Avenue to the east. All other new shadows would impact commercial buildings in the vicinity. The extent of the new shadow impact from the project on the site’s adjacent areas would not be unreasonable for a development in the dense, downtown district Corridor Sub-Area that allows building heights up to 60 feet by right (75 feet with use permit), with 0 to 5-foot setbacks from property lines, by right.
The additional height above the district limits would cast shadows in the affected directions further than if the project were limited to the base district height standards.
The proposal would include a waiver for additional height beyond the district heigh t limits
to accommodate the density bonus units (see Section VI.C for a discussion of waivers) and allow a 183-foot-tall, 17-story building. Overall, the shadow impacts from the project would be reasonable and not detrimental.
3. Non-Detriment: The project is subject to the City’s standard conditions of approval regarding construction noise and air quality, waste diversion, toxics, and stormwater requirements, thereby ensuring the project would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or 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.
C. Administrative Use Permit for A
rchitectural Projections to Exceed Height Limit: BMC
Section 23.304.050(A) requires an Administrative Use Permit for roof-top projections, such as mechanical penthouses, elevator equipment rooms or stair towers, that would exceed the maximum height limit. Such projections are limited to no more than 15 percent of the average floor area of all of the building’s floors and cannot be used as habitable space or for commercial purposes. The project would include mechanical and staircase/elevator penthouses and an architectural frame totaling 1,891 square feet on the roof that would extend 15 feet over the roof height. These areas represent 15 percent of the 12,659-square- foot average of all the floor areas. The total area of rooftop projections does not exceed the limit of 15 percent of the average floor area, and are therefore permissible.
D. Use Permit to Reduce Setbacks: Pursuant to BMC Section 23.204.130(E)(3), the ZAB may approve a permit to modify setbacks upon finding that the modifications will not unreasonably limit solar access or create significant increases in wind experienced on the public sidewalk.
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File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Shattuck\2274\ZP2023-0079\4-REPORT DOCUMENTS [DRAFTS]\2024-12-12 ZAB\2024-12-12_ZAB_SR_2274 Shattuck.docx The project requests reduced side setback (65 feet from the front) above 20 feet in building height in the Base Project. The findings in this section are not applicable to r educed setbacks above 75 feet building height that are requested waivers in the proposed Density Bonus project. The setback encroachment in the Base Project would result in a minimal contribution to new shadow impact relative to the increase in shadow impact from the Density Bonus project height and reduced setbacks that are requested as waivers. See section VII.B for shadow study analysis. Thus, the setback reduction the Base Project would not unreasonably limit solar access.
A wind study was not provided to satisfy this finding. However, wind studies have been prepared for projects in the vicinity that are much taller and have similar setback reductions, and which can be used for ref erence analysis. A Wind and Comfort Impact Analysis was prepared in March, 2022 for an approved use permit at 2190 Shattuck, a site that is two blocks to the north of the subject site, for a 25- story building proposal with 0 to 5-foot setbacks up to 268 feet in height, that concluded that the building would not cause significant additional wind impact on the street level at Shattuck Avenue and Allston Way .
Staff believes that the proposal at 2274 Shattuck Avenue for a 17-story building with similar setback reductions up to 183 feet in height , would also result in insignificant changes to wind patterns on the sidewalk at the site along Shattuck Avenue or Bancroft Way.
E. 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-A Neighborhood Quality of Life, Action: Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area.
3. 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.
4. 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 reinforce the City’s effort to redevelop underutilized sites in a way that would increase the quality of the built environment and provide new housing and commercial opportunities. The project would further improve the neighborhood character and quality of life by increasing existing street level activity and bringing in new residents and new business patrons along a major commercial and transit corridor.
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5. 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.
Staff Analysis: The project would help to encourage transit use and reduce greenhouse gas emissions from motor vehicles by constructing additional housing in close proximity to transit, the university, jobs, and basic goods and services. Multiple transit lines operate along the Shattuck Avenue frontage and the Downtown Berkeley BART station, which has connecting service throughout the Bay Area, is located two blocks from the project site.
6. Policy H- 33–Regional Housing Needs : Enc
ourage adequate housing production to
meet City needs and the City’s share of regional housing needs.
Staff Analysis: The project would provide 23 VLI uni ts in addition to increasing the City’s housing supply by adding a total of 227 new dwelling units in close proximity to the university and transit.
7. Policy EM -5–“Green” Buildings : Prom ote and encourage compliance with “green” building standards. (Also see Policies EM-8, EM-26, EM-35, EM-36, and UD-6.)
8. Policy UD-33–Sustainable Design: Pr omote environmentally sensitive and sustainable design in new buildings.
Staff Analysis: The proposed project would be constructed to the latest building codes which include green building standards. The building would be required to attain either LEED Gold rating or higher as defined by the U.S. Green Building Council or attain a building performance that is equivalent to this rating. Roof-top solar would be provided.
F. Area Plan Consistency: The Downtown Area Plan, adopted in 2012, also contains several policies applicable to the project, including the following:
• Goal
ES-3: Encourage high density, highly livable development to take advantage of Downtown’s proximity to regional transit and to improve the availability of diverse walk- to destinations – such as retail, services, culture, and recreation. • Goal ES- 4: Promote “green” buildings.
• Goal LU -4: New development should enhance Downtown’s vitality, livability, sustainability, and character through appropriate land use and design. • Goal HD-4 : Improve the visual and environmental quality of Downtown, with an emphasis on pedestrian environments that are active, safe and visually engaging.
Encourage appropriate new development Downtown.
• Goal HC-1 : Encourage Downtown as a thriving, livable, diverse residential neighborhood with a mix of supportive uses.
• Goal HC-3 : Offer diverse housing opportunities for persons of different ages and incomes, households of varying size, and persons of varying abilities. Give Downtown a significant role in meeting Berkeley’s continuing need for additional housing.
The project would be consistent with the aforementioned goals and policies of the Downtown Area Plan. The project is for a 227-unit high density, mixed- use building that Item 6
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ZONING ADJUSTMENTS BOARD 2274 SHATTUCK AVENUE
December 12, 2024 Page 28 of 28
File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Shattuck\2274\ZP2023-0079\4-REPORT DOCUMENTS [DRAFTS]\2024-12-12 ZAB\2024-12-12_ZAB_SR_2274 Shattuck.docx provides 23 dwelling units for very low-income households and a ground-floor café. The project is located close to other commercial uses, shopping and restaurants, and in proximity to multiple modes of public transit.
VII. Recommendation
Because of the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recommends that the Zoning Adjustments Board APPROVE Use Permit #ZP2023-0079, pursuant to BMC Section 23.406.040(D) subject to the attached Findings and Conditions (Attachment 1).
Attachments:
1. Findings and Conditions
a. Exhibit A: AB 1633 CEQA Exemption Determination Letter, dated October 4, 2024
2. Project Plans, received December 8, 2023
3. AB 1633 Letter from Applicants, dated March 4, 2024
For attachments to the letter, go to the link:
https://aca.cityofberkeley.info/CitizenAccess/Default.aspx Click on Zoning tab; enter permit number #ZP2023-0079; click on the “Record Info” drop down menu; click on Attachments for a list of all application materials.
4. Downtown Area Plan MMRP
5. Notice of Public Hearing
6. Comment Letters Received: Stillwater, Zephyr, and Bowden.
Staff Planner: Sharon Gong, [email protected],
(510) 981-7429
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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
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:
The City of Berkeley’s Website
http://www.berkeleyca.gov
Attachments 5-6
ATTACHMENT 7
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
ZAB APPEAL: 2274 SHATTUCK AVENUE, USE PERMIT #ZP2023-0079 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 April 22, 2025 at 6:00 p.m. a public hearing will be conducted to consider an appeal against a decision by the Zoning Adjustments Board approval of Use Permit #ZP2023-0079, to demolish the commercial building (preserving and renovating the front façade and lobby), and construct a 17-story (183 feet, plus 5-foot parapet), 214,032-square-foot, mixed-use residential building with 227 dwelling units (including 23 Very Low-Income Density Bonus qualifying units), and one ADA parking space.
The hearing will be held on April 22, 2025 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.
For further information, please contact Sharon Gong, Principal Planner, at (510) 981-7429 or
[email protected].
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of April 14, 2025. 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.
Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] 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 (510) 981-6900 or [email protected] for further information.
Mailed by: April 8, 2025
Noticed Pursuant To: Berkeley Municipal Code Section 23.404.040(B), Public Hearing Notice
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ATTACHMENT 7
I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 14, 2025.
__________________________________
Mark Numainville, City Clerk
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 at the City Clerk Department and posted on the City of Berkeley webpage prior to the public hearing.
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
To search for communications associated with a particular City Council meeting using Records Online:
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