1001 and 1011 University Avenue

Transcription

1 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 ACTION NOVEMBER 12, and 1011 University Avenue Use Permit # to establish a retail wine store; (C-W, SBR) I. Application Basics A. Zoning Permits Required: Use Permit to establish retail wine sales, under BMC Section 23E Use Permit to establish retail wine sales, under BMC Section 23E B. CEQA Determination: Categorically exempt pursuant to Section of the CEQA Guidelines ( Class 1, Existing Facilities ). C. Parties Involved: Applicant David Trachtenberg, Trachtenberg Architects, 2421 Fourth Street, Berkeley, CA Property Owner Premier Cru, 5890 Christie Avenue, Emeryville, CA Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 1001 & 1011 UNIVERSITY AVENUE ZONING ADJUSTMENTS BOARD Page 2 of 10 November 12, 2009 Figure 1: Vicinity Map

3 ZONING ADJUSTMENTS BOARD 1001 & 1011 UNIVERSITY AVENUE November 12, 2009 Page 3 of 10 Figure 2: Site Plan

4 1001 & 1011 UNIVERSITY AVENUE ZONING ADJUSTMENTS BOARD Page 4 of 10 November 12, 2009 Table 1: Land Use Information Location Subject Property Surrounding Properties North South East West 1001 University Vacant (former storage for art supply store) Duplex Retail Vacant (former community center) Church; motel and multi-family residential beyond Existing Use 1007 University Vacant (former community center) Storage yard (behind triplex on Tenth St) Street level parking lot; retail Vacant (former art supply store) Vacant (former storage for art supply store) 1011 University Vacant (former art supply store) Triplex and storage yard; multi-family residential beyond Mixed use (ground floor retail; residential above Mixed use (ground floor retail; residential above Vacant (former community center) Zoning District C-W West Berkeley Commercial R-3, Multiple Family Residential C-W, West Berkeley Commercial General Plan Designation Avenue Commercial High Density Residential Avenue Commercial Table 2: Special Characteristics Characteristic Applies to Project? Explanation Alcohol Sales/Service Y Request to establish retail wine store. C-W Node Y Located within a designated node. Landmark Table 3: Project Chronology Date August 6, 2009 September 5, 2009 October 29, 2009 Y Action On July 20, 2009, the Landmarks Preservation Commission designated 1007 University Avenue as a City of Berkeley Landmark. On September 21, 2009, an Appeal was filed by the property owner. The City Council will consider this appeal on December 8, The buildings at 1001 and 1011 University Avenue are not part of the Landmark Designation. Application submitted November 6, 2009 PSA deadline 1 November 12, 2009 Application deemed complete Public hearing notices mailed/posted ZAB hearing 1. Project must be approved or denied within 60 days after being deemed complete if exempt from CEQA (Govt. Code Section 65950).

5 ZONING ADJUSTMENTS BOARD 1001 & 1011 UNIVERSITY AVENUE November 12, 2009 Page 5 of 10 Table 4: Development Standards Standard BMC Sections 23E Existing Addition/ (Reduction) Proposed Total Permitted/ Required Lot Area (sq. ft.) 27, ,400 NA Gross Floor Area (sq. ft.) 26, ,030 82,200 Floor Area Ratio Parking (Automobile) (Existing Nonconforming) II. Project Setting A. Neighborhood/Area Description: The surrounding neighborhood consists of a mixture of uses and land use intensity. Most structures behind the project site along Ninth Street and across University from 1011 University Avenue are single story. Two-story mixed use structures are located across Tenth Street and across University Avenue from 1001 University Avenue site. Retail spaces are fully occupied across University Avenue and Tenth Street. There are lower activity levels at the church, its parking lot, and residential land uses to the west, along University. University Avenue is a four-lane street in this location, with a left turning lane and parking on each side. There is a traffic signal at the Ninth Street intersection. There are three businesses with a Type 20 (off-sale beer and wine retailer) Alcohol Beverage Control (ABC) license within 1,000 feet of the site: Mi Ranchito Bayside Meat Market, The Spanish Table, and Longs Drugstore. Finally, a portion of George Florence Park (located at Tenth Street and Allston Way) is located approximately 1,000 feet from the project site area. B. Site Conditions: The project site is comprised of three parcels, located on the north side of University Avenue, between Ninth and Tenth Streets Ninth Street is currently developed with a nine-space parking lot, accessible from both Ninth and Tenth Streets. This R- 3-zoned parcel provides the parking required for 1011 University Avenue and includes a loading dock area. No parking is provided for 1001 or 1007 University Avenue; however, a truck dock/loading area serves 1001 University Ave on Ninth Street. The second parcel is located at the northeast intersection of Ninth Street and University Ave and is developed with two structures, a one-story concrete structure with a second floor mezzanine (1001) and a former community center (1007 University). The third parcel is located at the northwest corner of Tenth Street and University Ave and is developed with a concrete one-story structure with second floor mezzanine. Amsterdam Art, a retail art store with ancillary storage, formerly occupied the two corner structures. The site has been vacant for several years. According to the Police Department, most police calls during the last twelve months are related to trespassing and graffiti. In addition, staff and the applicant have observed trespassing, and there is evidence of individuals sleeping on the premises.

6 1001 & 1011 UNIVERSITY AVENUE ZONING ADJUSTMENTS BOARD Page 6 of 10 November 12, 2009 III. Project Description The applicant proposes to establish a retail wine store at 1011 University Avenue (at the Tenth Street intersection), with ancillary storage located at 1001 and 1011 University. Each structure would also accommodate upper floor offices. Bottles of wine with a price point below $150 (about 50% of the inventory) would be available on a self-service basis at the 1011 University location. Bottles of wine above that price point and case orders would be placed at the cashier s counter. Customers would then proceed to the pick-up area behind 1001 University (accessed from the parking area) to receive their purchases. In addition, customers would be able to purchase wines via phone or the internet, and wine would be shipped or picked up at the store. The use requires three different ABC licenses. The 1001 University site would include a Type 20 (Off-Sale Beer and Wine Internet Only, 10% of the site s use), a Type 9 (Beer and Wine Importer, 70% of the site s use), and a Type 17 (Beer and Wine Wholesaler, 20% of the site s use). The 1011 University site would include a Type 20 (Off-Sale Beer and Wine, 70% of the site s use), a Type 9 (Beer and Wine Importer, 25% of the site s use), and a Type 17 (Beer and Wine Wholesaler, 5% of the site s use.) In addition to wine sales, the applicant would offer wine-related items, including books, stemware, and, occasionally, olive oil, all of which are allowed by right. The hours of operation would be 9 A.M. to 7 P.M. The ABC groups beer and wine sales together for permitting and licensing purposes. However, the applicant does not intend to sell beer. While this business would require several licenses from the ABC, and covers 2 buildings, this application would only allow one retail wine sales establishment at this site. IV. Community Discussion A. Neighbor/Community Concerns: The pre-application poster was erected in August On October 29, 2009, the City mailed 352 notices to adjoining property owners and occupants, and to interested neighborhood organizations. The city has not received any comments at the time of the staff report. B. Committee Review: The applicant intends to upgrade the entry to 1011 University and install signage at both buildings. These will require Design Review and approval. However, these exterior alterations are not part of this project at this time. Condition #26 of the Findings and Conditions requires Design Review approval for any exterior alterations and signage. This project does not involve any exterior alterations (or use) of 1007 University Avenue, a designated landmark. The applicant filed an appeal regarding the landmark designation; the City Council will hear the appeal December 8, 2009.

7 ZONING ADJUSTMENTS BOARD 1001 & 1011 UNIVERSITY AVENUE November 12, 2009 Page 7 of 10 V. Issues and Analysis A. Key Issues: 1. Alcohol Sales: As mentioned, there are three other locations within 1,000 feet with a similar retail beer and wine license. As a result, "Public Convenience or Necessity" findings are required by Section 23E B.2. Staff recommends that the ZAB make the required findings because the proposed use provides economic benefits to the city; presents no police-related issues, would not be within 1,000 feet of a public school, and would not present an issue for a nearby park. The existing site is vacant, resulting in an entire block face along University Avenue that attracts no business activity, has become an attractive nuisance for trespassing and vandalism, and does not contribute to the neighborhood as a retail attraction. The applicant currently operates a wine-based business in Emeryville and intends to relocate its entire business operation to Berkeley. The proposal would introduce new employment, business revenues, business activity, and commercial life to an abandoned block of University. A retail wine store would not be expected to create a conflict with George Florence Park and its users. According to the ABC s License Query System, the applicant s current Emeryville location is in good standing with ABC, with no record of violations. Staff referred this application to the Berkeley Police Department for review and comment. According to the Police Department, the applicant has not operated a licensed establishment in Berkeley previously. The Police Department found the business would likely improve the commercial area since the property has been vacant for over a year. Finally, the Police Department reported that alcohol related calls in the area are minimal, and that the proposed retail wine business is not expected to increase police service calls. 2. Parking: The two structures would house retail sales with customer sales pick-up, office space and mailing facilities. The previous occupant, Amsterdam Art, used the floor space similarly. Therefore, parking requirements are equivalent between the two uses. BMC Section 23E A specifies that parking requirements do not apply to existing buildings that are not expanded (new floor area added) or to new uses that have similar parking requirements to previous uses. 3. Node Retail: The site is located within a designated node, as identified by BMC Section 23E , which sets use standards and requires specific findings. The proposed use complies with Designated Node requirements in that the project would intensify retail activity at the site and would use the ground floor of the structures for retail sales. The property owner intends to upgrade the appearance of the building, but the details of the design are not currently known. To ensure that the design enhances the retail environment, staff has added Condition #26 to require upgrades to enliven the street and add to the area s retail presence. With these changes, Staff believes that the store s layout and design, spreading between two

8 1001 & 1011 UNIVERSITY AVENUE ZONING ADJUSTMENTS BOARD Page 8 of 10 November 12, 2009 buildings, would facilitate pedestrian activity, adding two related retail locations (one for walk-in customers and the other for order pick-up) on two corners. B. General and Area Plan Consistency: General Plan Policy Analysis: 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-27 - Avenue Commercial Areas: Maintain and improve Avenue Commercial areas, such as University, San Pablo, Telegraph, and South Shattuck, as pedestrian-friendly, visually attractive areas of pedestrian scale and ensure that Avenue areas fully serve neighborhood needs as well as a broader spectrum of needs. 3. Policy LU-29 - University Avenue Strategic Plan: Implement the University Avenue Strategic Plan and take actions to achieve the six goals of the Plan: 1. Increase public safety for residents, merchants, and customers. 2. Revitalize the University Avenue corridor through appropriate economic development and housing. 3. Protect and improve neighborhood quality of life. 4. Encourage more pedestrian-oriented development and an appropriate mix of uses to improve neighborhood identity. 5. Enhance University Avenue as a gateway to the city, a series of neighborhoods, and the Downtown. 6. Coordinate and enhance public transit systems, pedestrian access, and bicycle circulation. Staff Analysis: The proposed project would utilize existing vacant buildings and bring business activity to a vacant block face of University Avenue. The project would include walk-in retail wine sales, as well as customer pick-up for phone and internet orders, increasing activity in the neighborhood. 4. Policy LU-33 - West Berkeley Plan: Implement the West Berkeley Plan and take actions that will achieve the three purposes of the Plan: 1. Maintain the full range of land uses and economic activities including residences, manufacturing, services, retailing, and other activities in West Berkeley. 2. Maintain the ethnic and economic diversity of West Berkeley's resident population. 3. Maintain and improve the quality of urban life, environmental quality, public and private service availability, transit and transportation, and aesthetic and physical qualities for West Berkeley residents and workers. (Also see Economic Development and Employment Policy ED-2.)

9 ZONING ADJUSTMENTS BOARD 1001 & 1011 UNIVERSITY AVENUE November 12, 2009 Page 9 of 10 Staff Analysis: The proposed project would add a new use to an established neighborhood geared towards international products. The inventory and method of ordering merchandise will attract a regional customer base, similar to surrounding retail stores. No changes are proposed to the structures exteriors at this time. University Avenue Strategic Plan Policy Analysis: The University Avenue Strategic Plan, adopted in 1996, also contains several policies applicable to the project. The project site is located in Sub Area 1 (which ends at Tenth Street). The applicable policies are as follows: 1. Policy LU-6: Strengthen University Avenue as a Mixed-Use Residential and Commercial Boulevard. Concentrate urban high density mixed-use commercial and housing development within the Nodes along the Avenue. Encourage lower density mixed-use outside the Nodes. Protect and enhance the lower density character of surrounding neighborhoods. 2. Policy ED-13: There should be a strong emphasis on bringing a variety of new businesses to University Avenue. Staff Analysis: There are no other retail stores in the immediate vicinity that are focused on retail wine sales. The existing buildings have been vacant and unused for over one year. The loading/unloading and customer pick-up would be located at 1001 University, where there is a traffic signal. West Berkeley Plan Policy Analysis: The West Berkeley Plan, adopted in 1993, also contains several policies applicable to the project. The site is located in the West University Avenue Node, a region-serving node, and is designated for General Commercial Land Use. The applicable policies are as follows: 3. Policy LU-1.C - Economic and Land Use Mix: Providing space for, and designating appropriate locations for-- in planning and zoning policies--both neighborhood and regional serving retail businesses. 4. Policy LU-2.E - Channeling Development: Create a Commercial district which will foster the continued vitality of West Berkeley's neighborhood and regional serving retail trade, in as pedestrian-friendly a manner as possible. 5. Policy ED-2.A - Regionally-oriented retail trade: Assist appropriate types of retailers to locate in West Berkeley retail areas, and to meet planning standards for those areas. Staff Analysis: The proposed use is regional-serving retail, complementing the existing regional-oriented businesses that currently exist. The existing buildings street face would remain, with an open face at 1011 University and a solid building face at 1001 University. The two buildings, at opposite corners of the

10 1001 & 1011 UNIVERSITY AVENUE ZONING ADJUSTMENTS BOARD Page 10 of 10 November 12, 2009 block, would complement each other by offering retail sales at one and customer pick-up at the other building. 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 # pursuant to Section 23B and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. Project Plans, received October 15, Notice of Public Hearing 4. Berkeley Police Department Memo, dated October 1, ABC License Information and 1,000 radius map 5. Correspondence Received Staff Planner: Shawna Brekke-Read, brekkeread@sfo.com, (510) and Greg Powell, gpowell@ci.berkeley.ca.us, (510)