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Public Hearings     |     City Council Agendas & Summaries


May 7, 2002 Public Hearing:

  1. APPEAL OF ZONING ADJUSTMENTS BOARD DECISION
    2517 SACRAMENTO STREET

Mitigated Negative Declaration (PDF, 23 KB)  
To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (981-6900), or TDD (981-6903) so that we can provide an alternate format.

 

Revised April 12, 2002*

 

This mitigated negative declaration was prepared pursuant to the California Environmental Quality Act and Guidelines (Public Resources Code, Division 13 and California Code of Regulations, Title 14, Chapter 3) for the project, which is described in the attached initial study and briefly described as follows:

Project Description

The applicant proposes the demolition of a 5,766 square foot commercial building (the now vacant Outback clothing store) and the construction of a mixed-use project providing three residential stories above parking and 3,620 square feet of commercial space.  The ground floor would also include a senior housing common area/multi-purpose room, laundry room, lobby, maintenance room and manager office. The 40 dwelling units (consisting of 39 affordable senior units and one manager’s unit) would be located at the second, third and fourth floors would include two-bedroom, one-bedroom and studio units. Total floor area of the project is 40,171 square feet. Thirteen parking spaces are provided as required by Ordinance. 

 

The proposed project includes a partial fourth floor (three stories allowed) at the Sacramento street frontage (average height of 47.5 feet, 36 feet allowed), while at the opposite side of the lot (eastern side), the structure is reduced to three stories (average height of 36 feet). Proposed lot coverage is 66% proposed where a maximum of 45% is allowed). The proposed front yard ranges from 0’to 20’ (20’ minimum required), the interior side yard ranges from 10’ to 13’ (4’to 6’ minimum required), the street side yard ranges from 0’ to 7’ (6’ to 10’ minimum required) and the rear yard ranges from 0’ to 37 (15’ minimum required). 

 

According to the Berkeley Zoning Ordinance the project requires the following Use Permits: 

 

Use Permit under Section 23C.08.050 to demolish a 5,766 square foot commercial building.

 

Use Permit under Section 23E.52.030 to construct a mixed-use development consisting of a four-story, 40,171 square foot building with 40 dwelling units, 13 parking spaces, and 3,620 square feet of retail space.

 

Use Permit under Section 23E.52.050 to construct more than 3,000 square feet of gross floor area.

 

Use Permit pursuant to Section 23D.40.080.C to reduce the residential parking requirement by 75% given the occupancy of the dwelling units by persons over the age of 62.

 

Use Permit pursuant to Section 23E.52.080.C.1 to allow an open parking pad within 20 feet of a secondary street.

 

Use Permit pursuant to Sections 23E.52.070D.5&7 to allow four stories and an average height of 47.5 feet for a portion of the building where a maximum of three stories and an average height of 36 feet is allowed.

 

Use Permit to allow the following modifications pursuant to Sections 23E.52.070.D.5&7: 1) lot coverage of 66% where 45% is allowed; 2) front setback of 10-20 feet where 20 feet are required; 3) rear setback of 0 to 43 feet where 15 feet are required; and 4) street-side side yard of 0 to 7 feet where 6-10 feet are required.

 

Note: As part of this project, the applicant requests a State density bonus of seven units and additional incentives in the form of  1) five additional units;  and 2) four stories and an average height of 47.5 feet where Section 23E.52.070.B.3 allows a maximum of three stories and an average height of 36 feet. 
 

Case Number: Use Permit #01-10000085


Zoning District:  C-SA, South Commercial District

Project Location

2517 Sacramento Street, at the northeast corner of the intersection of Sacramento Street and Blake Street, Berkeley, Alameda County, California
Alameda County Assessor’s Parcel Number 054-1797-07 -01

Project Sponsor

Kevin Zwick for Affordable Housing Associates
1250 Addison Street, Suite G
Berkeley Ca 94704

Mandatory Finding of Significance

The project sponsor made or agreed to revisions in the project plans or proposals before this mitigated negative declaration and initial study were released for public review. These revisions avoid significant environmental effects or mitigate the effects to a point where clearly no significant effects would occur.
  

The Zoning Adjustments Board held a public hearing on February 14, 2002 and found that there is no substantial evidence, in light of the whole record before the agency, that the project as revised and subject to the proposed conditions of approval and mitigation measures, may have a significant effect on the environment.
  

Pursuant to Section 21081.6 of the Public Resources Code, a reporting program has been adopted and incorporated into conditions of project approval, in order to report on completion of mitigation measures which are intended to avoid significant effects on the environment.

Mitigation Measures

Mitigation Measures as described below have been incorporated into the project conditions of approval and are agreed to by the applicant.

  

Mitigation Measure III.b.1: During construction the project sponsor shall require the construction contractor to implement BAAQMD’s basic dust control procedures required for sites smaller than four acres, such as the project site, to maintain project construction-related impacts at acceptable levels; this mitigates the potential impact to less than significant. The City of Berkeley shall require the project sponsor to implement the following Basic Control Measures:

  1. Water all  active construction areas at least twice daily. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible.

  2. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer).

  3. Pave, apply water three times daily or apply non-toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.

  4. Sweep (with water sweepers using reclaimed water if possible) all paved access roads, parking areas, and staging areas at construction sites and adjacent streets public streets at the end of each day if visible soil material is carried onto adjacent paved roads.

Party Responsible for Implementation:  Project Developer
  

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition and construction.

 

Party Responsible for Monitoring: City of Berkeley Planning Department, Building Safety Division

 

Mitigation Measure III.d.1: The City of Berkeley shall require the project sponsor to provide the results of an asbestos survey prior to the issuance of demolition permits. Demolition and disposal of any asbestos containing building material would be in accordance with the procedures specified by Regulation 11, Rule 2 (Asbestos Demolition, Renovation and Manufacturing of BAAQMD’s regulations.

 

Party Responsible for Implementation:  Project Developer
 

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition.

 

Party Responsible for Monitoring: City of Berkeley Planning Department, Building Safety Division

 

Mitigation Measure III.d.2:  The City of Berkeley shall require the project sponsor to provide the results of a lead-based paint survey prior to issuance of demolition permits. Lead based paint abatement shall be conducted prior to demolition in accordance with State, City of Berkley, and/ or Alameda County Department of Environmental Health regulations.

 

Party Responsible for Implementation:  Project Developer
  

Timing:  This mitigation measure shall be carried out prior to the issuance of the demolition permit.

 

Party Responsible for Monitoring: City of Berkeley Health and Human Services Department, Environmental Health Division

 

Mitigation Measure VI(a)(ii): All structural, architectural and mechanical details shall be designed to resist earthquake ground shaking. The design engineer should emphasize the principles of continuity, ductility and high-energy absorption.

 

Party Responsible for Implementation:  Project Developer
 

Timing:  This mitigation measure shall apply throughout the portion of project development involving construction.

 

Party Responsible for Monitoring: City of Berkeley Planning Department, Building and Safety Division

 

Mitigation Measure VI.b.1:  During construction, the City of Berkeley shall require the project sponsor to maintain sandbags or other devices around the site perimeter during the rainy season (November to March) to prevent on-site soils from being washed off-site and into the storm drain system. The City of Berkeley shall also require the project sponsor to comply with all city ordinances regarding construction and grading.

 

Party Responsible for Implementation:  Project Developer
 

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition and construction.

 

Party Responsible for Monitoring: City of Berkeley Public Works Department, Engineering Division

 

Mitigation  VIII(c): The developer shall be responsible for ensuring that all excavation plans take into account surface and subsurface waters and underground streams so as to not adversely affect neighboring properties.

 

Party Responsible for Implementation:  Project Developer
 

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition and construction.

 

Party Responsible for Monitoring: City of Berkeley Public Works Department, Engineering Division

 

Mitigation VIII(e):    All runoff waters including all downspouts, patio, parking, and driveway drainage, and all other drainage should be collected in closed pipes with periodic clean out and/or concrete-lined v-ditches and/or catch basins and discharged into City approved area storm water drainage system.

 

Party Responsible for Implementation:  Project Developer
 

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition and construction.

 

Party Responsible for Monitoring: City of Berkeley Public Works Department, Engineering Division

 

Mitigation Measure XI.d.1: Operation of trucks and construction equipment shall be restricted to between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between 9:00 a.m. and noon Saturday.  No construction related activities shall be allowed on Sunday.  Prior to the start of construction the applicant or his agents shall provide the Current Planning Division with the name and telephone number of an individual who is empowered by the applicant to take corrective measures to address noise complaints.  The name and telephone number of the individual shall be posted at the property for the duration of the construction activities in a location where it can be easily read by the public, indicating the individual’s responsibility and availability to receive noise complaints.  The individual shall provide weekly reports to the Current Planning Division of all noise complaints received and all actions taken to prevent any reoccurrences.

 

Party Responsible for Implementation:  Project Developer
 

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition and construction.

 

Party Responsible for Monitoring: City of Berkeley Planning Department, Current Planning Division

 

Mitigation XV(a): The Traffic Engineer shall review and approve, prior to the issuance of a building permit, a parking and access plan for all construction vehicles to ensure traffic safety and minimize parking impacts on adjacent neighbors.

 

Party Responsible for Implementation:  Project Developer
  

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition and construction.

 

Party Responsible for Monitoring: City of Berkeley City Manager’s Office, Traffic Division

 

Mitigation Measure XV.d.1: Vehicles shall enter the parking structure through a right turn only from northbound Sacramento Street and exit onto Dwight Way. Signage, turn arrows and striping shall be provided and approved by the City Traffic Engineer.

 

Party Responsible for Implementation:  Project Developer
 

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition and construction.

 

Party Responsible for Monitoring: City of Berkeley City Manager’s Office, Traffic Division       

 

Mitigation Measure XV.d.2:  Pole-mounted mirrors shall be provided to warn crossing pedestrians and exiting vehicles of one another.

 

Party Responsible for Implementation:  Project Developer
 

Timing:  This mitigation measure shall apply throughout the portion of project development involving demolition and construction.

 

Party Responsible for Monitoring: City of Berkeley City Manager’s Office, Traffic Division       

  

*An Initial Study (IS) and Mitigated Negative Declaration (MND) were previously circulated for this project. The IS and MND have been updated to reflect project modifications at and since the February 14, 2002 ZAB meeting. Additionally, the last mitigation measure was contained in the original and updated Initial Study but was inadvertently omitted from the MND. This omission has been rectified in the updated MND. However, it was not found to be necessary to add to or change the proposed mitigations.


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.