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ATTACHMENT 5 ZAB 03-14-19 Page 1 of 69 ATTACHMENT 5 ZAB 03-14-19 Page 1 of 69 August 19, 2018 To: City of Berkeley Department of Planning and Development Attention: Allison Riemer, Assistant Planner Re: Objection to Project and AUP Application at 1991 Marin Avenue (APN: 061 ​ ​ 257400200, Permit: ZP2018-0166) From: Joe DiStefano and Amy Buege, Homeowners 1972 Los Angeles Ave Berkeley, CA 94707 To: Allison Reimer We are writing to strongly object to the application for a new accessory dwelling unit (ADU) at 1991 Marin Ave. We (my wife and I, and our two young children) are the direct neighbors of this property, which is located in the hillside district on a very atypical parcel layout just below the Marin Circle. While we support the development of ADUs in the City, and even support an ADU on this specific parcel, we strongly object to the ​ plan as designed and filed before the city on August 17, 2018. ​ We were deeply surprised to hear about this project for the first time less than two ​ ​ weeks ago when the applicants came to our house to show us the plan and get our signature on the AUP application. Despite being deeply impacted by the project, we and other neighbors were never consulted about the project, asked for opinions or ​ ​ suggestions, or otherwise engaged at anytime prior. This is a highly atypical parcel and project. The plan envisions a new residential unit on a thru-lot facing a different street (Los Angeles Avenue) than the main house on the property (which fronts Marin Ave). The impact of the project, which is unfortunately amplified by the specific design proposal, focuses the impact of the new unit on the front of adjacent homes and parcels. Typical ADUs impact the rear of adjacent parcels and thus the impacts on noise, air, light, and fire safety are substantially reduced. This is not the case with this project. Our specific concerns about this project include: ● Major impacts sun, light, and quality of life: The majority of this project places ​ the 14-plus foot high structure (the northwest side of the proposed structure) less than 8 feet from a long 25 foot stretch of our home. Because the rear of the subject parcel is at the front of our parcel, a large portion of our main living areas Objection to Project and AUP Application at 1991 Marin Avenue Page 1 of 4 ATTACHMENT 5 ZAB 03-14-19 Page 2 of 69 will be impacted - deeply impacting our quality of life. Our kitchen and dining area, lined with windows and where our family spends the majority of its time, will be looking out at this unit - and in many cases, just a tall wall. Because of hillside topography, the subject property is higher than ours, and thus the impact of the new unit will be amplified, with actual perceived heights well beyond the 12-14 foot elevations indicated in the plan (which are still objectionable due to close proximity). Indeed, the roof of the new unit will nearly reach the windows of our second story. We have asked the applicants to better detail this impact and the actual grade level of the proposed plan, but they have been unwilling or unable to provide such information. In fact, the plan that was initially presented to use by the applicant did not even include our home on the site plan view, a foreboding omission that raises concerns about the project architects. We feel strongly that the proximity and impact along the front and eastside of our property results in an unacceptable impact to our primary living quarters that must be mitigated through changes in the proposed design. Typical ADU situations (where the rear of one parcel aligns with the rear of another) would not have this issue - in this case, the impact MUST be mitigated through a modified design. We have told the applicants that we would like to work with them on design modifications that position the impact more to the rear of our house, and have even made some suggestions, but they are unwilling to discuss or consider options that they do not feel are optimal for them - the negative impact is on us and the other neighbors only, the benefit is all theirs. The zoning code and the AUP process in particular should be protecting the neighborhood and especially direct neighbors from such outsized adverse impacts. Our reading of the city code and phone conversations with City planners, indicate that at the very least a shadow study for the project must be completed due to this being an R-1H zone. No matter the findings of such a study, the impact of the project as filed is not acceptable. ● Major impact on privacy and noise. Because the entrance of the new unit will ​ be just a few feet from our front windows and the unit is generally aligned tightly against the front half of our home and major windows, we and other adjacent neighbors will be significantly impacted. We will be watching residents of the new unit come in and out of their unit from our main dining area and kitchen - a very atypical if not unheard of situation in the R-1H zone where setbacks and unit orientation are specially designed to avoid such conflicts and privacy issues. Again, the atypical nature of this parcel orientation requires that this be seriously considered and then mitigated through design modifications. Objection to Project and AUP Application at 1991 Marin Avenue Page 2 of 4 ATTACHMENT 5 ZAB 03-14-19 Page 3 of 69 ● Adverse Impact on Los Angeles Ave. This is a far from typical application of ​ the City’s ADU policy, with the new proposed unit facing Los Angeles Avenue on a thru-lot. For all intents and purposes, this is the front of a new home on Los ​ Angeles Avenue, and the City must carefully consider the impact of such ​ setbacks and building placement on the neighborhood and adjacent properties.The impact of this rear unit is on the front of other homes and on the street face and character of a different street other than where the main home faces. Homes along Los Angeles Ave, in the historic Northbrae neighborhood are generally set back approximately 20 feet or more from the street, with some variations in setbacks due to the idiosyncrasies of the parcelization around the Circle. The proposed project, which the applicants have described as ‘modern,’ places a new structure less than 5 feet from the rear property line (or 5-feet from the Los Angeles Ave property line and thus about 5.5 feet from the Los Angeles Ave sidewalk). It should also be noted that Los Angeles Ave is less than 26 feet wide and thus likely triggers additional administrative review due to the atypical nature of this project facing Los Angeles Ave. Neighbors across from the property have expressed major concerns over the impact of the project as currently designed on the character of the neighborhood. One would think that the unique nature of the project and its outsize impact on the neighborhood and direct neighbors would have led the applicants to consult with neighbors prior to plan submittal. However nothing of the sort ever happened - we and our neighbors were never once consulted. We have offered to work with the applicants to arrive at a plan that better addresses the neighboring properties and mitigates substantial sunlight, privacy, noise, safety, and property value impacts. The applicants have refused all attempts to work with us and other neighbors, unwilling to even discuss options that would mitigate the impacts. We have told them in clear terms that we do not want to stop them from building an ADU - that we support their desire to remain in the neighborhood as they age by living in the new unit and renting their main house (this is what they indicated they intend to do). We merely requested to have a meeting to discuss alternative designs or design mitigations in order to reduce the substantial negative impacts of the current design. They have told us that they are not willing to discuss or consider any alternatives and thus they have left us with no options other than to strongly oppose the project and do what we can do modify it and/or stop it from being permitted. Objection to Project and AUP Application at 1991 Marin Avenue Page 3 of 4 ATTACHMENT 5 ZAB 03-14-19 Page 4 of 69 I am a practicing AICP-certified City Planner with more than 20 years experience ​ working across California, the US, and the globe on all scales of plans, policies, designs, and strategies. In almost all cases, the planning process requires discussion and compromise. The applicants in this case have been unwilling to engage with us or other concerned neighbors, or even consider how they might arrive at a project where all parties are respected. They have been unwilling or unable to provide accurate or truthful answers about the project. They have provided different neighbors with different answers and different exhibits. For nearly a decade, they have been poor stewards of the backside of their property where they now plan to build a new unit (we have tended their area so that ivy and growth would not block or render unsafe the highly traveled sidewalk on Los Angeles Ave). They told us directly and in no uncertain terms that they worked hard to figure out what works best for them and have little concern with how that impacts us. That is not how ​ ​ good neighbors act, and is not how great cities and great neighborhoods thrive.
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