2580 Bancroft Way - The Fred Turner Building Site - City of Berkeley

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2580 Bancroft Way - The Fred Turner Building Site - City of Berkeley
Z                O                  N                 I             N                  G
                              A D J U S T M E N T S
                              B                     O                     A                      R                   D
                              S t a f f                                      R e p o r t
                                                                                    FOR BOARD DISCUSSION
                                                                                              MAY 24, 2018

2580 Bancroft Way - The Fred Turner Building Site
Review and comment on the Draft Environmental Impact Report for Use
Permit #ZP2017-0083 to demolish the building at 2558-2588 Bancroft Way
and demolish the rear half of the Fred Turner Building, a City Landmark, at
2546-2554 Bancroft Way; and to construct a new mixed-use building with
approximately 122 dwelling units and 11,000 square feet of ground-floor
commercial space, and 37 commercial parking spaces in a subterranean
garage.

I.   Application Basics
     A. CEQA Determination: A Draft Environmental Impact Report (EIR) was prepared
        and is available for public comment until June 1, 2018. Copies of the Draft EIR are
        available for review at the City of Berkeley Planning and Development Department,
        1947 Center Street, 2nd Floor, Berkeley. Copies are also available at the Berkeley
        Main Public Library Reference Desk, 2090 Kittredge Street, or online at:
        https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Boa
        rd/2580_Bancroft.aspx.

     B. Land Use Designations:
        • General Plan: AC – Avenue Commercial
        • Zoning: C-T– Telegraph Avenue Commercial

     C. Owner and Applicant:
         Owner: Landmark Properties, Inc. Applicant:                         Dave Johnson
                 455 Epps Bridge Parkway                                     Johnson Lyman Architects
                 Athens, GA, 30606                                           1375 Locust Street #202
                                                                             Walnut Creek, CA 94596

     D. Zoning Ordinance Permits Required:
        • Use Permit to demolish a non-residential building, under BMC 23C.08.050.A
        • Use Permit to establish dwelling units, under BMC Section 23E.56.030
        • Use Permit to create new gross floor area over 1,500 square feet, under BMC
          Section 23E.56.050.A.2

      1947 Center Street, Second Floor, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474   Fax: 510.981.7420
                                             E-mail: LMendez@CityofBerkeley.info
2580 Bancroft Way - The Fred Turner Building Site - City of Berkeley
2580 BANCROFT MIXED-USE PROJECT                               ZONING ADJUSTMENTS BOARD
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        •   Use Permit to increase the FAR to a maximum of 6.0 and a maximum height of 75
            feet, under BMC Section 23.E56.070.B.3
        •   Use Permit to establish a commercial parking structure, under BMC Section
            23E.56.030
        •   Administrative Use Permit to allow architectural projections (e.g. elevator
            enclosures) to exceed the height limit, under BMC 23E.04.020.C

     E. Waivers of Development Standards Under State Density Bonus Law:
        • To increase in maximum building height from 75 feet to 86 feet
        • To permit dwelling units on the ground floor

     F. Permits Subject to Review by the Landmark Preservation Commission (LPC):
        • Structural Alteration Permit to allow alteration and construction on a designated
           landmark site for which a City permit is required, under BMC Section 3.24.200.

Figure 1 : Site Vicinity/Zoning District Detail

                                                          Subject
                                                           Site
ZONING ADJUSTMENTS BOARD                                                                             2580 BANCROFT MIXED-USE PROJECT
MAY 24, 2018                                                                                                                Page 3 of 8

Figure 2: Vicinity Map

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2580 BANCROFT MIXED-USE PROJECT                                   ZONING ADJUSTMENTS BOARD
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II.   Site/Project Description
      The project site is located at 2546-2588 Bancroft Way within the Southside Plan area.
      The rectangular parcel (Assessor’s Parcel Number [APN] 55-1877-19-2) encompasses
      29,032 square feet (0.67 acres) and is located on the south side of Bancroft Way, mid-
      block between Telegraph Avenue to the west and Bowditch Street to the east. The
      project site is within 500 feet of two UC Berkeley Bear Transit Shuttle bus stops, several
      AC Transit bus lines, and approximately 0.7-mile east of the Downtown Berkeley BART
      Station.

      The site is fully developed with two existing commercial buildings: the Bancroft Center at
      2558-2588 Bancroft Way, home of Avant-Card, Copy Central, Party Haven, the House,
      and Bancroft Parking Garage; and the Fred Turner Building at 2546-2554 Bancroft Way,
      home of Double Rainbow Café, Indian Flavors Express, and Francesca’s. Existing
      development surrounding the project site is primarily institutional (university) and
      commercial (retail and restaurant). Immediate adjacent properties include commercial
      uses: Urban Outfitters to the east (2590 Bancroft Way) and Bancroft Clothing to the
      west (2530 Bancroft Way). Bancroft Way borders the project site to the north,
      immediately followed by the UC Berkeley campus. UC Berkeley recreation uses—
      Hearst Field Annex and Hearst Memorial Gymnasium—are across Bancroft Way from
      the project site. To the south of the project site, land uses include several restaurants
      (Kingpin Donuts, Sweetheart Cafe, Bear’s Ramen House, Steve’s Korean Bar-B-Que,
      Gypsy’s Trattoria Italiana, Pancho’s Mexican Grill), three apartment buildings (2525,
      2531 and 2539 Durant Avenue), and a church (St. Joseph of Arimathea).

      The project would involve demolition of the Bancroft Center, including the 44-space
      subterranean parking garage, and partial demolition of the southern half (rear) of the
      Fred Turner Building, followed by construction of, a new mixed-use building. The front
      façade and inner courtyard of the Fred Turner Building would be repaired, rehabilitated,
      and incorporated into the new building. The new development would be eight stories tall
      with a gross floor area of approximately 171,000 square feet. Uses would include
      ground-floor commercial space, amenities for residents, and 122 dwelling units. The
      building would have a proposed Floor Area Ratio of 5.1 and rear and side setbacks of
      up to 5 feet.

      The project would include a subterranean 37-space commercial parking garage located
      on the eastern portion of the site, similar to the location of the existing parking garage.
      Vehicle access to the garage would occur through a ramp located east of the Fred Turner
      Building, similar to existing access. The project would also include approximately 56
      bicycle parking spaces.
ZONING ADJUSTMENTS BOARD                                                                             2580 BANCROFT MIXED-USE PROJECT
MAY 24, 2018                                                                                                                Page 5 of 8

         Please see the Notice of Availability (NOA) (Attachment 1) and project plans
         (Attachment 2 and 3) for more project information. The NOA and other project materials
         including the plan set are also available on the project website at:
         https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Board/
         2580_Bancroft.aspx

III. Background
        On October 3, 2017, the City circulated a Notice of Preparation (NOP) notifying
        responsible agencies and interested parties that an EIR would be prepared for the project
        and indicated the environmental topics anticipated to be addressed in the EIR. A public
        scoping session was held for the Draft EIR at the ZAB hearing of October 26, 2017 and
        at the LPC on November 2, 2018. The NOP and the comments received during the
        scoping period are included in Appendix B of the Draft EIR together with a transcript of
        the verbal comments from the scoping hearing. A summary of comments received is also
        included in Chapter 1, Introduction, of the Draft EIR.

        The Draft EIR for the proposed project is currently available for public review. The
        required 45-day public comment period for the Draft EIR began on April 17, 2018, and
        ends on June 1, 2018, at 5:00 p.m. See Table 1 below for key milestones in the EIR
        process. The Notice of Availability and Public Hearing of a Draft EIR was mailed to
        responsible agencies, interested parties and owners within a 300-foot radius around the
        project site. Staff posted six notices at and around the project site. Copies of the Draft
        EIR are available for review Monday through Friday, between the hours of 8:30 a.m. and
        4:00 p.m. at the City of Berkeley Planning and Development Department, 1947 Center
        Street, 2nd Floor, Berkeley. Copies are also available at the Berkeley Main Public
        Library Reference Desk, 2090 Kittredge Street or online at:
        https://www.cityofberkeley.info/Planning_and_Development/Zoning_Adjustment_Board/
        2190_Shattuck.aspx.

        The purpose of tonight’s meeting is to review and comment on the Draft EIR. The DEIR
        was reviewed at LPC on May 3, 2018. No action will be taken on the project at this time.
        The Final EIR, which consists of the Draft EIR and the Response to Comments document,
        will return to the ZAB for a decision on certification. Following certification of the Final EIR,
        the ZAB can deliberate on the Use Permit.

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2580 BANCROFT MIXED-USE PROJECT                                                             ZONING ADJUSTMENTS BOARD
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Table 1: Key Milestones in the EIR Process (dates in italics are tentative)
          Task/Event                                                          Date
          Notice of Preparation (NOP) released                                October 3, 2017
          EIR Scoping Session at ZAB                                          October 26, 2017
          EIR Scoping Session at LPC                                          November 2, 2017
          End of 30-day NOP comment period                                    November 3, 2017
          Publication of Draft EIR and Notice of Availability                 April 17, 2018
          LPC Hearing on DEIR                                                 May 3, 2018
          ZAB Hearing on DEIR                                                 May 24, 2018
          Close of Draft EIR comment period (5:00 p.m.)                       June 1, 2018
          ZAB hearing on Final EIR certification
          LPC hearing on SAP                                                  Fall 2018
          ZAB hearing on Use Permit

IV. Draft Infill Environmental Impact Report (EIR)
       Pursuant to the California Environmental Quality Act (CEQA), an EIR is required when a
       project may have a significant impact on the physical environment, and that impact cannot
       be reduced to a less-than-significant level through mitigation. The EIR is intended to
       inform decision makers and the general public of project impacts and potential alternatives
       that would avoid or reduce those impacts. Following is a summary of key points from the
       proposed project’s Draft EIR:

       A. Streamlined CEQA Process for Infill Projects. The project qualifies for “streamlined
          review” under CEQA Guidelines Section 15183.3, which is intended “to streamline the
          environmental review process for eligible infill projects by limiting the topics subject to
          review at the project level where the effects of infill development have been addressed
          in a planning level decision or by uniformly applicable development policies.” 1 In order
          to be eligible for streamlined review, a project must be located on an urbanized site,
          satisfy certain performance measures, and be consistent with the policies of a
          “sustainable communities strategy” adopted for the project area. 2

            When a project qualifies for streamlined review but would have new potentially
            significant impacts that were not addressed in the prior planning level decision or that
            cannot be “substantially mitigated by uniformly applicable development policies,” such
            impacts must be analyzed through the normal EIR review process. In the case of the
            proposed project, the primary planning level decision is the adopted Southside Plan,
            and the referenced environmental documentation is the 2011 Southside Plan Final
            EIR.

1
 CEQA Guidelines Section 15183.3(a).
2
 “Sustainable Communities Strategy” (SCS) refers to a greenhouse gas emission reduction strategy adopted by a metropolitan planning
organization pursuant to Government Code Section 65080. In the case of Downtown Berkeley, the applicable SCS is found in Plan Bay
Area, which was adopted by the Association of Bay Area Governments and the Metropolitan Planning Commission in July 2013.
ZONING ADJUSTMENTS BOARD                                                                             2580 BANCROFT MIXED-USE PROJECT
MAY 24, 2018                                                                                                                Page 7 of 8

        B. Environmental Effects. The Draft Infill Environmental Checklist (included as
           Appendix A to the Draft EIR) identified no impacts or less-than-significant impacts to
           the following environmental issues: Aesthetics; Agriculture and Forestry Resources;
           Air Quality, Biological Resources; Geology and Soils; Greenhouse Gas Emissions;
           Hazards and Hazardous Materials; Hydrology and Water Quality; Land Use and
           Planning; Mineral Resources; Noise and Vibration; Parks and Recreation; Population
           and Housing; Public Services, Transportation and Traffic; Utilities and Service
           Systems; and Tribal Cultural Resources.

              The Draft EIR evaluates the following environmental issue in detail:
                  • Cultural (Historic Resources)

              Impacts related to cultural resources would be significant and unavoidable after
              mitigation. The potentially significant impacts and mitigation measures are
              summarized below.

              Chapter IV, Cultural Resources Impact Analysis, identifies two potential cultural
              resource impacts from the project:
                    1. Impact CULT-1 (significant and unavoidable): The demolition of a portion of a
                       Berkeley Landmark, the Fred Turner Building, may cause a substantial adverse
                       change in the significance of a historical resource as defined in CEQA
                       Guidelines Section 15064-5. Although mitigation is required (three-part
                       Mitigation Measure CULT-1), impacts would remain significant and
                       unavoidable.
                    2. Impact CULT-2 (significant and unavoidable): The Project would be
                       inconsistent with General Plan Policy LU-2: Preservation and Southside Plan
                       Policy LU-F14, both of which pertain to the preservation of historic buildings.
                       Although mitigation is required (three-part Mitigation Measure CULT-1),
                       impacts would remain significant and unavoidable.
              Follows is a summary of the measures proposed to mitigate the impacts:
              documentation of the affected historical resource, preparation of a site-specific historic
              preservation treatment plan with implementation and monitoring; and installation of an
              on-site plaque or interpretive display.

        C. Alternatives. The CEQA Guidelines require analysis of a reasonable range of
           alternatives to the project that avoid, or substantially lessen, one or more of the
           significant effects of the project and feasibly attain most of the project’s basic
           objectives. The range of alternatives required in an EIR is governed by a “rule of
           reason” that requires the EIR to set forth only those alternatives necessary to permit a
           reasoned choice. The Draft EIR analyzed two alternatives:
                    1. No Project Alternative. Consistent with Section 15126.6(e)(2) of the CEQA
                       Guidelines, under the No Project Alternative, the project site would remain in its
                       existing condition.
                    2. Preservation Alternative. Under the Preservation Alternative, the project site
                       would have the same intensity and density as the proposed project. It would
                       eliminate all the development on the Fred Turner Building and would not include
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2580 BANCROFT MIXED-USE PROJECT                                       ZONING ADJUSTMENTS BOARD
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                  any façade restoration or improvements. It would increase the height by an
                  additional two stories. Because the Preservation Alternative does not propose
                  to modify the Fred Turner Building, it would eliminate the two potential cultural
                  resource impacts.

         Other than the No Project Alternative, the Preservation Alternative is identified as the
         Environmentally Superior Alternative. Chapter 5, Alternatives, of the Draft EIR includes
         a complete discussion of these alternatives and of alternatives that were rejected for
         various reasons.

V. Recommendation
     Staff recommends that the ZAB hold a public hearing to allow public comment on the Draft
     EIR and also provide comments on the Draft EIR. The ZAB may make a motion reflecting
     the comments of the ZAB as a whole, and/or individual ZAB members may offer
     comments. All comments pertaining to environmental issues under CEQA will be recorded
     and responded to in the Response to Comments document, which is tentatively scheduled
     for publication in the summer of 2018.

Attachments and web links:
   1. Notice of Availability of the Draft EIR
   2. Draft project plans for proposed new building, the Standard - Structural Alteration Permit
      #LMSAP2017-0007, distributed previously on March 1, 2018:
      https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-
      _LPC/2018-03-01_LPC_ATT3_2580%20Bancroft_Project%20Plans.pdf
   3. Draft project plans for the Fred Turner Building re-habilitation - Structural Alteration
      Permit #LMSAP2017-007, distributed previously on April 4, 2018:
      https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-
          _LPC/2018-04-05_RESUB_Plans_2580%20Bancroft.pdf

Staff Planners:

Leslie Mendez, Senior Planner, LMendez@CityofBerkeley.info, (510) 981-7426
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