ZAB Staff Report TemplateZ 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
2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD:
510.981.7474 Fax: 510.981.7420
E-mail:
[email protected]
1400 Queens Road
Use Permit #11-10000012 to Demolish and Rebuild a Single Family
Residence
I. Application Basics
A. Land Use Designations: General Plan: Low Density Residential
Zoning: R1(H): Single Family Residential; Hillside Overlay
District
B. Zoning Permits Required:
Demolition Permit, under BMC Section 23C.08.020; Construct new
Dwelling Unit, under BMC Section 23D.16.030; Front Yard Reduction,
under BMC Section 23E.96.070.C; and Unenclosed Spa, under BMC
Section 23D.08.060.C.
C. CEQA Determination: Categorically exempt pursuant to Section
15302 of the
CEQA Guidelines (“Replacement or Reconstruction of Existing
Structures”) and Section 15303(a) (“Single Family
Residences”)
D. Parties Involved:
Applicant Jason Kaldis Architect, Inc. 1250 Addison St., Studio 210
Berkeley, CA 94708 Briana Olson, Job Captain
Property Owner John T. Groves 1400 Queens Road Berkeley, CA
94708
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Figure 1: Vicinity Maps
Site
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Figure 2: Site Plan
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Figure 3: Views of Existing Residence from Queens Road
View toward the North from Queens Road
View toward the South from Queens Road
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Figure 4 : Downslope Views of Existing Residence
Downslope View of North Side of Existing Residence from Adjacent
Utility Corridor
Downslope View of South Side of Existing Residence
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Figure 5 : Elevations – Queens Road Frontage, Existing and
Proposed
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Figure 6: Elevations – South Side, Existing and Proposed
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Figure 7: Elevations – West Side, Existing and Proposed
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Table 1: Land Use Information
Location Existing Use Zoning District General Plan
Designation
Subject Property Single Family Residential
R-1 (H) Low Density Residential
Surrounding Properties
South/ East/ West
Single Family Residential
Seismic Hazards Yes Geotechnical Investigation was submitted and
peer reviewed. See below.
Soil/Groundwater Contamination No
December 1, 2011 Application deemed complete
January 12, 2012 Public hearing notices mailed/posted
January 26, 2012 ZAB hearing
Table 4: Development Standards
Existing Addition/
Gross Floor Area (sq. ft.) 1,542 + 2,111 3,534 N/A
Dwelling Units 1 0 1 1
Building Height
Stories 2 + 1 3 3
Building Setbacks
Right Side 4’ 7” - 7” 4’ 4’
Lot Coverage Footprint (sq. ft. / %) 1,021 / 18 + 1,182 / 21 2,203
/ 39 2,268 / 40
Usable Open Space (sq. ft.) 4,778.38 - 1,311.36 3,467.02 400
Parking Automobile 0 1 1 1
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II. Project Setting A. Neighborhood/Area Description:
The project site is in a hillside residential neighborhood of
single-family dwellings west of Grizzly Peak Boulevard. The
neighborhood is heavily forested with mature, large trees and is
defined by narrow, winding quiet streets, steep hillside lots
populated with homes that vary in age, size and architectural
style.
B. Site Conditions:
The project site is a steep downslope lot (-38% gradient) extending
between Queens Road, above, and Campus Drive, below. The existing
residence at 1400 Queens Road is a 2-bedroom, 2-bath, 1,542 sq. ft.
home. It has access from Queens Road and the main floor level lies
below street-grade. This, as well as the flat roof, give it a very
low street profile. It has no off-street parking, as what was
formerly a one-car garage was converted to living space at some
time in the past. The lot is not formally landscaped, but features
a moderately dense cover of understory vegetation shaded by several
tall pine and eucalyptus trees. The site lies adjacent to an
undeveloped City of Berkeley path and utility right-of-way. The
residential lots surrounding the site are developed with
single-family homes, ranging in size from 687 to 3,767 square
feet1.
III. Project Description The plans call for demolition of the
existing home (with the possible exception of some foundation
elements and several interior walls) and the construction of a new,
larger, single-family home in the same location. The new home would
have 4 bedrooms and 3 bathrooms with 3,534 sq. ft. of gross floor
area plus a 244 sq. ft. attached one car garage. The new home would
have three split-levels that would terrace and step down the hill.
The main floor, at elevation 1,037.09 feet, would be at
approximately the same elevation as the main floor of the existing
residence. The new 244 sq. ft. garage would be slightly higher than
the main floor level, bringing it closer to street level to
facilitate access. A 300 sq. ft. mezzanine loft would rise about
4.5 feet above the garage. The reconstructed main floor would be
296 sq. ft. larger than the main floor of the existing residence,
and would include a new kitchen, bathroom, entryway and study.
Portions of the existing living and dining rooms would be retained.
It would also feature a large west-facing deck, integrated onto the
roof of the floor below. The lower floor would be reconstructed to
include a new master bedroom (with bathroom), new bathroom, new
family room, two new bedrooms, new laundry room and new storage
space. It would add 1,047 sq. ft. to this level, which currently
has about 435 sq. ft. Finally, two additional new storage spaces
would be constructed at the lowest level, beneath the master
bedroom. Although the building would have four levels (and a
split-level lower floor), it would not be more than three stories
high (the loft would be open to the main floor, and is not a
1 Of 25 dwellings adjacent to the site, based on Alameda County
Assessor’s information.
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separate story), and the average and maximum heights would be below
the maximum permitted. The roof lines would feature low slopes
(1.5:12) angled to create a shallow V configuration when seen from
the Queens Road frontage. The exterior of the house would be
finished in horizontal wood plank siding, stained in earth tones,
on the main floor, loft and garage. The chimney and lower levels
would have painted stucco siding. A standing seam, pre-finished
metal roof is proposed. Powder coated metal window frames are
proposed throughout. One storage room at the lowest level would
feature a projecting window bay, finished in horizontal wood plank
siding like the upper floors. Areas for landscaping would be
developed in the front yard and in a level rear yard area between
the two lower floors. The rear yard’s level landscaping space would
be supported behind a new retaining wall, and a spa tub would be
installed just below the retaining wall, inside the side yard
setback. The remainder of the rear yard will remain as it is today.
An exterior stairway would step down the slope to connect the front
and rear yards and the front and rear of the house.
IV. Community Discussion A. Neighbor/Community Concerns:
The project plans were reviewed by adjacent and confronting
neighbors and no objections were expressed. Prior to submitting the
application to the City, the applicant posted a pre-application
poster at the site in March 2011. For the ZAB hearing, on January
12, 2021, the City mailed 431 public hearing notices to adjoining
property owners and occupants, and to interested neighborhood
organizations. No letters or comments have been received to
date.
B. Committee Review:
V. Issues and Analysis A. Seismic Risk Analysis:
According to the California Geological Survey’s seismic hazard map,
(CGS, Richmond Quadrangle, 2003) the project site is located in a
portion of Berkeley where hazards of earthquake-induced landsliding
may exist locally. The City’s seismic landslide hazard map (Miles
and Keefer, 2001) places the site in an area with moderate seismic
landslide hazard.
A site-specific geotechnical investigation was undertaken for the
applicant by Alan Kropp & Associates (included in Attachment
2), and peer reviewed by Cotton, Shires and Associates. The study
evaluates the site’s geotechnical characteristics and provides
design and construction criteria for the project. The study
involved both surface reconnaissance and sub-surface borings. The
study found no surface or sub- surface evidence of significant
landsliding within or near the site. The study determined that the
site is underlain by bedrock at shallow depth and, furthermore,
suggests that a portion of the existing foundation should be
reused, as it is well
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anchored in bedrock. The study concluded that it is unlikely the
site would be susceptible to ground failure during an
earthquake.
Because of the steeply sloping terrain there is always a
possibility of shallow sliding and erosion of surficial soils. To
mitigate these risks, the geotechnical engineers provided
recommendations for foundation designs that will extend well into
the underlying bedrock, and for measures to control the collection
and discharge of surface water so as to minimize the potential for
erosion and shallow slope instability. Conditions of approval that
incorporate the recommendations of the geotechnical engineers are
included in Attachment 1, Findings and Conditions. It is also noted
that because these site-specific geotechnical reviews conclude that
the site is not subject to high seismic landslide hazards, they
support the CEQA determination that the project is Categorically
Exempt, even though the project is located in an area of the City
mapped as having a potential for earthquake-induced
landslides.
B. Front Yard Setback: The existing home at 1400 Queens Road has a
3’9” front yard setback, and the proposed design would reduce this
setback to zero. The underlying R-1 zoning requires a 20’ front
yard setback, however the Hillside Overlay District regulations
allow modifications in the standard yard (and height) requirements
when justified by steep topography, unusual street conditions or
other special aspects of the hillside (BMC 23E.96.020 D). Several
other homes in the vicinity of the site have reduced front yard
setbacks. A quick visual survey noted that portions of the
structures at 1384, 1394, 1398 and 1419 Queens are all as close as
10 feet from the edge of the pavement, or closer. The architect
notes that the former2 garage door was located in a wall
perpendicular to the street and the driveway swept in from the
south and across the front yard at an elevation approximately 3
feet below the street level, making for difficult egress and
access.
This application calls for a zero front yard setback so that a new
garage and driveway that are close to the existing street elevation
can be built. This design would provide for convenient access to
the garage and would facilitate improved drainage. The driveway
will continue to swing in from the south, but it would be at
approximately the same elevation as the street. The garage wall
would be 5-6 feet from the edge of the pavement, and the short
driveway would be 19 feet 8 inches wide at the pavement edge,
narrowing to 10 feet 7 inches as it swings 90 degrees to access the
garage door. Staff believes that this design will provide an
accessible, practical and workable driveway and garage space.
Accordingly, the project would provide an off-street parking space
with a high likelihood of being used, at a site where there is no
off-street parking at the present time. Based on this staff
believes that the reduced front yard setback is justified.
C. Views: The topography of the site provides views generally to
the west and southwest, framed by a fairly dense tree canopy.
Queens Road runs generally perpendicular to
2 The garage was converted to living space at some unknown time in
the past.
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the viewshed, and the lots along it are situated so that homes on
upslope lots will be able to have views over the homes on downslope
lots and home on adjoining lots will have minimal interference with
each other’s views toward the Bay.
The existing home is set three feet lower than the elevation of
Queens Road, and the proposed project would retain this elevation
for the main floor, while the lower levels would step down the lot
and would be located downhill in relation to the existing home. The
elements of the proposed project with the potential to adversely
affect views from neighboring homes are the 300 sq. ft. loft
addition that would rise above the profile of the existing home,
and the horizontal extensions to the rear. Views from three
neighboring homes would be affected, as described below: 1407
Queens Road3. This home is uphill, to the east and slightly south.
The project architects took photos from the living room of this
home and considered the affects on this view in designing the
project. The loft was situated on the north side of the building to
minimize view impacts, and to avoid any loss of Bay views from the
main floor living area at 1407 Queens. Furthermore the applicant
removed several large eucalyptus trees on the project site, which
opened views toward the North Bay from 1407 Queens that had been
previously unavailable. Some views toward the North Bay from the
basement room at 1407 Queens that are now available would be
affected by the project. However, views west toward San Francisco
and the Golden Gate would not be affected. While the project would
change views from 1407 Queens, no important views would be blocked
and the overall impacts would be less than significant. The project
application, Attachment 2, includes a visual simulation of the view
of the proposed project from the upper floor of 1407 Queens
Road.
1398 Queens Road. This home lies to the north of the project site.
The project would not affect any Bay views from 1398 Queens,
however the north sidewall of the project would be visible from
some of the side windows, including the window over the kitchen
sink. The view from the south side yard facing dining room window
would be unaffected. The increased massing on the lower levels of
1400 Queens would be below the view from the kitchen window at 1398
Queens and the replacement of the existing solid wood railing on
the main floor deck with an open metal railing would partially open
this view relative to current conditions. In summary, while the
project would be visible from some side windows at 1398 Queens, the
overall impacts on views would not be significant. A visual
simulation of the project, seen from the kitchen window at 1398
Queens Road is included in Attachment 2.
1399 Queens Road: This home lies north, east and uphill of the
site. No existing views would be affected due to the horizontal and
topographic separation from the project.
1406 Queens Road. This home lies south of the site. No existing
views would be affected due to the horizontal and topographic
separation from the project.
D. Shadows:
The project architect has prepared shadow studies of the project to
ascertain potential shading impacts on the adjacent properties at
1398 and 1406 Queens
3 The home at 1407 Queens Road was severely damaged in a recent
structural fire, and is currently unoccupied.
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Road. The shadow studies show small increases in the shading on the
south side of 1398 Queens in the morning hours of the fall and
winter months, and a small increase in shading on the north side of
1406 Queens in the evening hours of the summer months. These
impacts would not be significant, and would only affect one or two
side windows on each of the respective homes. Furthermore, the
shading of the existing tree canopy would attenuate the effects of
shading from the new structure because the tree cover is fairly
extensive and the trees are much taller than the affected
buildings.
E. Construction Related Effects:
Noise: Construction of the project would involve the use of trucks
and other heavy equipment, impact tools, air compressors,
generators and other noisy equipment (but no pile drivers).
Demolition and removal of demolition debris would require a few
days of noisy work at the beginning of the project; foundation
construction and grading work would require intermittent use of
trucks and excavators for the following 6 – 8 weeks, or more; and
materials delivery would bring trucks to the site at intermittent
times throughout the entire construction period.
The City’s Noise Ordinance recognizes that construction activity
may generate short- term noise levels that exceed the adopted noise
standards and accordingly limits the hours of construction work and
requires construction work to meet noise levels of 75 dBA on
weekdays and 60 dBA on weekends and holidays, unless it is not
technically and economically feasible to do so.
Since some equipment that is likely to be used during construction
has the potential to generate noise over 75 dBA, and the City
imposes a standard condition of approval to reduce potential noise
impacts during construction, as follows:
The applicant shall notify residents within 300 feet of the site at
least two weeks prior to beginning construction, and provide a copy
of the notice to the Zoning Officer.
Construction activity shall be limited to between the hours of 8:00
am and 6:00 pm, Monday through Friday, and between 9:00 am and noon
on Saturday. No construction-related activity shall occur on Sunday
or any Federal Holiday.
Vehicle engines and equipment motors shall be properly maintained
and equipped with mufflers achieving the greatest feasible noise
reduction;
Rather than impact equipment, quieter procedures for drilling shall
be used;
Where unavoidable, impact tools (e.g. demolition hammers) shall be
hydraulic or electric rather than pneumatic to avoid noise from
compressed air exhaust. Where the use of pneumatic tools is
unavoidable, air exhaust mufflers shall be used.
External jackets on power impact tools shall be used whenever
feasible; and,
Stationary noise sources (e.g. generators, air compressors) shall
be located to minimize noise transmission over a property line,
equipped with adequate mufflers and enclosed within insulated
sheds.
To ensure compliance with the City of Berkeley’s Noise Ordinance,
the Zoning Officer is authorized to place additional limitations on
the hours of operation and/or halt construction until corrective
measures are taken.
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Construction Transportation/Traffic. Trucks accessing the site for
the delivery of construction materials, equipment and for the
removal of excess excavated soil material (estimated at 86 cubic
yards) could potentially create adverse traffic and noise effects
if trucks operate inappropriately or use inappropriate streets when
coming to or leaving the site. To minimize these impacts, the City
imposes a standard condition of approval that will require the
applicant to secure the City Traffic Engineer’s approval of a
Traffic Management Plan for construction of the project. The
Traffic Management Plan shall include, at a minimum, a designated
truck route to and from major arterial streets, designated
locations for material and equipment storage, worker parking, a
schedule of site operations that may block traffic, and provisions
for traffic control. The City 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.
F. General and Area 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. Staff
Analysis: The project involves the replacement of an older home
with a new, larger home built to modern standards for seismic
strength, energy conservation and livability. It would have a
relatively low profile so as not to block important views from
neighboring homes, and would have an architectural style an scale
that would be compatible with nearby development in this
residential neighborhood.
2. Policy LU-7–Neighborhood Quality of Life, Action A: Require that
new development be consistent with zoning standards and compatible
with the scale, historic character, and surrounding uses in the
area. Staff Analysis: The proposed project would be consistent with
applicable zoning standards and compatible with the scale and
character of the surrounding neighborhood.
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 proposed
design features a low profile on the uphill, Queens Road side and
cascades downhill, respecting the steep topography of the
area.
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The project’s architectural style would add variety to the
relatively eclectic mix of architectural styles that characterize
the neighborhood and has been developing more rapidly in the past
decade or so.
5. Policy UD-32–Shadows: New buildings should be designed to
minimize impacts on solar access and minimize detrimental shadows.
Staff Analysis: Solar access in this neighborhood is constrained by
the heavy tree canopy. The project would not significantly affect
that. It would have little detrimental shadow impact, as reviewed
above.
6. Policy H-19–Regional Housing Needs: Encourage housing production
adequate
to meet the housing production goals established by ABAG’s Regional
Housing Needs Determination for Berkeley. Staff Analysis: The
project would have no effect on the number of housing units in
Berkeley, although it would replace an older and somewhat
deteriorated house with a newly constructed home.
7. Policy EM-5–“Green” Buildings: Promote 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: Promote environmentally
sensitive and sustainable design in new buildings. Staff Analysis:
The project applicants have completed the Green Building
consultation.
VI. 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: A. APPROVE Use Permit
#11-10000012 to demolish and rebuild a Single Family
Residence pursuant to Section 23B.32.040 and subject to the
attached Findings and Conditions (see Attachment 1).
Attachments: 1. Findings and Conditions 2. Application and Project
Plans, dated January 17, 2012 3. Notice of Public Hearing 4.
Correspondence Received
Staff Planner: Greg Powell,
[email protected] , (510)
981-7410; Doug Donaldson, consulting planner, (510) 528-3684.