3001 Telegraph Avenue:
We begin this post with the news received from a neighbor regarding 3001 Telegraph Avenue (Starbucks, SE corner of Ashby and Telegraph):
As many of you already know, Starbucks will be opening a cafe at Ashby and Telegraph after all. Even though the City Council denied the original application, Starbucks was able to proceed with certain restrictions. Their footprint is smaller, with only a bathroom and storage room eliminated from the original plan. This smaller size means that they do not need a variance for parking, and their zoning permit for a quick serve cafe cannot be appealed. There is still no parking available for customers.
This process has revealed a flaw in zoning procedures. The City Council’s finding that this use would be a detriment to the neighborhood is not applicable with the new application, even though the “use” is almost exactly the same.
Several Council Members responded to inquiries from the Bateman Neighborhood Association to block the new permit. However, the current zoning regulations prevailed. The neighborhood associations are hopeful that at least the outcome will force a new discussion about neighborhood involvement in future use permit applications.
Throughout all of the discussion about this issue, questions have been raised about the size and use of the proposed cafe compared to the amount of customer parking to be provided — which is zero. The City Council found in public hearing that the proposed use was a detriment and denied the permit. Shortly after that decision, the applicant submitted a new application that eliminated a bathroom and a storage room, but kept all of the proposed service and use capacity, still without adding any parking spaces for customers. He then asked for and was issued an over-the-counter permit to open the proposed cafe — no public comment, no hearing, no possible appeal. The written findings (reasons) why that same number of customers without parking that had been declared a detriment a few days ago are now presto-changeo no longer a detriment and are discarded.
What is the reasoning behind this? It’s an interesting question that Berkeley Neighborhoods Council (BNC) thought we would ask Berkeley’s Planning Director, Eric Angstadt. We’ll let you know his answer.
On July 10, 2014, the Zoning Adjustments Board (ZAB) held a marathon meeting that lasted until almost 1:30 a.m. On the agenda were two issues that BNC has been following : 2539 Telegraph Avenue and a project involving the Bartlett Houses, 2201-05 Blake. Please read below for information regarding 2539 Telegraph. The FEATURED NEIGHBORHOODS Section of this eNEWS will tell you what happened on Blake Street.
2539 Telegraph Avenue
ZAB held the July 10th public hearing for two purposes:
- Because the project involved the demolition of an historic building — the former headquarters of the Center for Independent Living (CIL) — an Environmental Impact Report (EIR) is required. The public hearing served as a “scoping” session, i.e., to identify issues that should be responded to in the EIR, and
- Provide an opportunity for the public to advise the ZAB of their concerns regarding the project.
Fourteen speakers commented — 12 spoke in opposition, 1 spoke neither in support or opposition but “concerned,” about the project, and 1 whose position was hard to tell. Patrick Kennedy, the developer, and a representative of Lowney Architecture spoke in favor of the project.
The proposed project would replace the current CIL building with a new 6-story building facing Telegraph Avenue and extending to Regent Street in the rear. The property is zoned C-T on Telegraph and R-3 on Regent. The project has been narrowed from previous versions so there are about 16 foot setbacks on either side, allowing the windows in the project to be larger than normal, per the developer. A small park in the rear on Regent Street, would be used as a bioswale.
The building would have a roof garden, and commercial on the ground floor (possibly a grocery store). There would be 65 residential units, a percentage of which would be reserved for low income households, for which the developer is receiving an additional story. The developer stated that occupants would most likely be students.
Two-bedroom units would be about 623 sq feet. One bedroom in the 2 bedroom units would have a window and door, the other “bedroom” would be an “alcove bedroom” or “junior bedroom” and be in a niche that is 50% open and receive light from the rest of the unit. This “junior bedroom” could be curtained off, if desired. The developer cited 2 projects in San Francisco where these types of units are being promoted, constructed, and occupied. One, Potrero Launch, is a rental project designed by award-winning architect, Stanly Satowitz. These units rent for about $1,300 per month. Another project is located at 100 Van Ness where such units are selling for in excess of $1 M.
The developer was questioned as to whether such units would have only 2 occupants, since each room in the proposed project has what looks like a closet so each room could possibly be used as a bedroom. The developer said he didn’t believe that would be their use, that the “closets” were storage space which is needed is small units.
The developer is looking at “pre-fab” construction as a way to reduce costs but no decision has yet been made about this. “Pre-fab” units are constructed elsewhere, shipped whole and stacked to make up a project. (Note: BNC readers will recall this subject came up back in November 2013 in connection with the proposed micro-dorm project at 2701 Shattuck Avenue. Lowney Architecture was the designer of that building as well.)
The developer stated that the “good news” was that the building would be “car free,” serve to “revitalize Telegraph Avenue,” and be“ an example of more to come.” There are a total of 8 parking spaces proposed. Traffic would enter on Telegraph, not on Regent.
Concerns expressed by speakers included:
- Height. Buildings that are approved for a certain height, when constructed end up being higher. Absolute height should be clearly stated.
- Regent Street Open Space/Park. This needs to be researched. Who owns it? Was city money used to construct or build it? Possible impact of citizen’s initiative approved by the voters in about 1998.
- Historic significance of CIL and impact on Regent Street Historic District.
- Parking for occupants. Even if occupants don’t receive Residential Parking Permits, those regulations are not in force on weekends, so occupants could still have cars parked on nearby residential streets. No parking space does not mean a person won’t have a car.
- Parking for guests, visitors. None has been provided. Streets nearby already have parking problems.
- Public transportation. Not enough, not comfortable, not reliable, not frequent.
- View impacts from Telegraph to the Hills, from Regent.
- Shadowing impacts on Regent St, other properties.
- Frequent moving in-and-out by students. Impact of these trucks and vehicles on Regent Street, as they can’t park on Telegraph.
- Appropriateness. Higher buildings should be north of Dwight Way on Telegraph, lower residential buildings are more appropriate south of Dwight Way on Telegraph.
- Number of units.
- Fire hazards associated with “pre-fabs.” Some localities have banned them because of chemicals used in their construction. More information is needed.
No action was taken by ZAB, as expected. Various members of ZAB expressed concerns about the “windowless” bedrooms and there seemed to be a general feeling that this project needed “more work” in order to gain approval.
2996 Telegraph Avenue
On July 24, 2014, Zoning Adjustments Board (ZAB) held a public hearing on a permit for 2996 Telegraph Avenue, a Chevron gas station on the NW corner of Ashby and Telegraph, kitty-corner from the just-approved Starbucks. You may remember that this was the location where Starbucks said they were seeking to reserve parking spaces for their customers. Starbucks never could say that their request had been approved, stating that this property owner seemed agreeable, but mentioning that he had plans of his own. Well, here are those plans.
The owner’s plan is to remodel and expand an existing 2,618 square foot auto service building for use as a 2,475 square foot “Extra Mile” convenience store selling wine and beer for off-site consumption (Type 20 ABC license). Hours of operation for the store are to be 7:00 am to 12:00 am. There will also be a 1,950 square foot quick food service restaurant with a 500 square foot outdoor seating area with hours of 7:00 am to 8:00 pm. The station currently has 5 fuel dispensers and a 275 square foot retail kiosk. The kiosk will be demolished and a new (6th) fuel dispenser added with a 5,000 gallon diesel fuel underground tank. A 500 gallon above ground propane tank will also be added as well as an electric car charging station. There are currently 2 driveways on Telegraph Avenue and 2 on Ashby. The Telegraph Avenue driveway closest to Ashby will be closed. Planning Staff recommended approval.
BNC joined with Willard Neighborhood Association, Bateman Neighborhood Association, LeConte Neighborhood Association and several individuals in expressing opposition to the sale of beer and wine and to extending hours of operation beyond 10:00 pm. The Store Team Leader at Whole Foods, across the street from this site, sent an e-mail to ZAB about the behavioral problems their store personnel have been experiencing and requested that this site be held to 10:00 pm closing time, the same as their grocery store which also sells beer and wine as well as other alcoholic beverages. Prior to the public hearing, the applicant agreed that alcohol sales would terminate at 10:00 pm and that no alcohol singles would be sold.
This application was first heard on June 26, 2014 which ended in a tie vote of the ZAB. Per Staff, the public hearing on July 24, 2014 was considered to be de novo, i.e. a new hearing as though the previous one hadn’t happened.
The applicant clarified hours of operation:
- Alcohol sales stop at 10:00 pm
- The convenience store remains open until midnight, opens at 7 am
- Outdoor service ends at 8:00 pm
- Fueling operations are open 24 hours
Currently there is one staff member on duty in the evening. With the new store there will be 4 to 5, so the site will be safer, have less graffiti. Drunks buy singles, so they won’t sell singles. They will install surveillance cameras and “No Trespassing” signs.
In addition to the applicant and the current operator of the station, there were 3 speakers:
- Officer Novozny, Berkeley Police Department — there have been no BPD problems in the past.
- Polly Armstrong, Berkeley Chamber of Commerce — the owner has never received a violation in 15 years. More staff means more “eyes on the street.”
- Neighbor from Halcyon Neighborhood. The alcohol sold from Whole Foods is a “manageable situation.” Concerned about adding more. Drunks sleeping it off in Halcyon Park, around the corner, cause neighborhood problems. Suggests 6 months review with the alcohol permit.
ZAB discussed the review suggestion but rejected it on the basis that there were other ways for the public to complain about a nuisance should problems occur. On a motion by ZAB Commissioner Allen, seconded by Donaldson, the application was unanimously approved.