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.

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● 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.

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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. We would be pleased to engage further with the city about this proposed plan and welcome the opportunity to provide more details about our concerns and some of our suggestions about how to mitigate the impacts of the current plan.

We urge the City to reject the application for the project as currently submitted.

Thank you,

Joe DiStefano, AICP and Amy Buege Property Owners: 1972 Los Angeles Ave, Berkeley 94707

Objection to Project and AUP Application at 1991 Marin Avenue Page 4 of 4 ATTACHMENT 5 ZAB 03-14-19 Page 5 of 69 ATTACHMENT 5 ZAB 03-14-19 Page 6 of 69 ATTACHMENT 5 ZAB 03-14-19 Page 7 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note Joseph McVay Oceanview Sisterna 814 Addison Street House Historic District 1888 Roarke 3/1/2004 CBDist 267 Joseph and Wilson Oceanview Sisterna 816 Addison Street McVay House Historic District 1892 Unknown 3/1/2004 CBDist 267 Carrington House, Seth Babson & R. 1029 Addison Street Bartine 1893 Wenk 3/15/1982 SOM 54

1124 Addison Street John Brennan House 1891 Unknown 7/9/2001 LM 237 Cooper Woodworking Walter Crapo / Ben 1250 Addison Street Building 1912 Pearson 4/21/1986 LM 100 Saint Joseph the 1640 Addison Street Worker 0 Shea & Lofquist 3/18/1991 LM partial 160

Sanford G. Jackson / 1900 Addison Street Framat Lodge 1927 Sommarstrom Bros. 4/7/1997 LM 193 The John Boyd 1915 Addison Street House 1893 Unknown 1/5/2012 SOM 310 Golden Sheaf 2071 Addison Street Bakery 1905 Clinton Day 12/19/1977 LM 21 2110 Addison Street Underwood Building 1905 F.E. Armstrong 11/1/1993 SOM 178 Heywood Apartment 2119 Addison Street Bldg 1906 Unknown 4/7/2003 LM 251 Frederick H. Dakin Walter H. Ratcliff & 2750 Adeline Street Warehouse 1906 George T. Plowman 8/9/2004 LM 273 The Hoffman 2988 Adeline Street Building 1905 Henry Ahnefeld 7/6/2006 SOM 286 The William Clephane Corner 3027 Adeline Street Store 1905 C.M. Cook 9/7/2006 LM 290 William Wharff / C. 3228 Adeline Street Carlson's Block 1903 Ekman 7/19/1982 LM 64 3250 Adeline Street India Block 1903 A.W. Smith 7/19/1982 LM 63 Wells Fargo Bank South Berkeley John Galen Howard / 3286 Adeline Street Branch 1906 John Debo Galloway 7/19/1982 LM 62 Hiram Lovell / James 3332 Adeline Street Lorin Theater Phillips Temple 1912 W. Plachek 5/24/1982 LM 59 Berkeley High School Old Gym and William C. Hays & 1920 Allston Way Pool 1922 Walter H. Ratcliff, Jr. 7/5/2007 LM 297 Henry Gutterson, John Gregg, Julia Morgan, Bernard Maybeck, et al./Fed. Martin Luther King Works Progress 0 Allston Way Jr. Civic Center Park 1940 Admin 11/3/1997 LM 198 Corporation Yard 1326 Allston Way Building 1913 Walter H. Ratcliff Jr. 7/1/2002 LM 244 Civic Center Historic 1835 Allston Way City Hall Annex District 1925 James Plachek 12/7/1998 CBDist 208 1835 Allston Way Old City Hall Annex 1926 James L. Plachek 11/21/1988 SOM 117 Berkeley High School Community Theater and Little Civic Center Historic Henry Gutterson and 1920 Allston Way Theater District 1940 William Corlett 12/7/1998 CBDist 208 Berkeley High School Community Theater and Little Civic Center Historic Henry Gutterson and 1930 Allston Way Theater District 1937 William Corlett 12/7/1998 CBDist 208

United States Post Civic Center Historic 2000 Allston Way Office District 1914 Oscar Wenderoth 12/7/1998 CBDist 208 Berkeley Main Post 2000 Allston Way Office 1914 Oscar Wenderoth 6/16/1980 LM 38

Young Men's Civic Center Historic 2001 Allston Way Christian Association District 1910 Benjamin McDougall 12/7/1998 CBDist 208

2001 Allston Way Downtown YMCA 1910 Benjamin McDougall 2/22/1990 LM 124 2018 Allston Way Elks Club 1913 Walter H. Ratcliff Jr. 10/7/1991 LM 161 Creamery Livery Unknown / F.E. 2112 Allston Way Stables Red Cross 1910 Armstrong 6/1/1998 SOM demo 201 Roberts Studio / 2134 Allston Way YWCA 1930 Edwin Lewis Snyder 1/6/1992 LM 164 18 Alvarado Street McCormack House 1910 Walter H. Ratcliff, Jr 10/3/2013 LM 314 The Wallace-Sauer 1340 Arch Street House 1905 John White 11/2/2006 LM 292 F.H. Thomas/ Julia 883 Arlington F.A. Thomas House 1911 Morgan 7/14/2003 LM 257

The Webb Block aka 1985 Ashby Avenue Hudson's Antiques 1905 Charles W. McCall 12/6/2004 LM 275 Frederick and Amy 2611 Ashby Avenue Corkill Hourse 1908 Russel R. Bixby 4/5/2007 LM 295 2425 Atherton Street Child Center 1960 Joseph Esherick 6/6/2013 LM 313

2126 Bancroft Way Waste & Clark Apts. 1913 Walter H. Ratcliff, Jr. 4/12/1993 LM 175 California Memorial 2301 Bancroft Way Stadium 1923 John Galen Howard 6/1/2006 LM 285 updated 6/4/2015 Page 1 ATTACHMENT 5 ZAB 03-14-19 Page 8 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note First Unitarian Albert C. 2401 Bancroft Way Church UC Dance Studio 1898 Schweinfurth 11/16/1981 LM 47 2546 Bancroft Way Fred Turner Building 1940 Julia Morgan 12/21/1981 LM 48 2600 Bancroft Way University YWCA 1958 Joseph Esherick 5/6/2010 LM 306 Mario J. Ciampi, Richard L. Jorasch, Berkeley Art Ronald E. Wagner, University Art Museum and Pacific and (initially) Paul W. 2626 Bancroft Way Museum Film Archive 1967-1970 Reiter 2/2/2012 LM 311 College Women's 2680 Bancroft Way Club 1928 Walter Steilberg 11/19/1979 LM 34 2700 Bancroft Way Westminster Hall 1926 Walter H. Ratcliff Jr. 4/3/2000 LM 225 Unknown / pos. 2528 Benvenue Avenue Ayers House 1899 Arthur Ayers 6/18/1990 LM 132 2532 Benvenue Avenue Morrison House 1900 Unknown 6/18/1990 SOM 133 Jennie C. Smith Frederick Esty, 2539 Benvenue Avenue House 1897 arch./Builder. 7/7/1997 LM 196 Villa Wiley House 2545 Benvenue Avenue and Cottages 1897 Pos. Chris Texdahl 7/7/1997 LM 195 Pos. Charles 2551 Benvenue Avenue Dickman House 1894 Dickman 7/7/1997 LM 194 A. Dodge The Westenberg Coplin/Pearson & 2811 Benvenue Avenue House 1903 Olson 9/7/2006 LM 291 Berkeley Bay William Black & C. 1917 Berkeley Way Commons 1905 Mayhews 2/20/1979 LM 27 Joseph Clapp 2007 Berkeley Way Cottage Morning Glory House 1878 Unknown 7/16/1979 LM 32 George Morgan 2053 Berkeley Way Morgan Building Building 1904 A. Dodge Coplin 1/12/2004 LM 265 2201 Blake Street Bartlett House 1877 Unknown 12/5/2005 LM 281 1410 Bonita Avenue Bonita House 1892 Ira Boynton 10/5/1992 LM 171 Rose Berteaux 2350 Bowditch Street Cottage 1930 Carl Fox 6/7/1999 LM 212 Soule Edgar Fisher / 2410 Bowditch Street Anna Head School 1922 Walter Ratcliff, Jr. 11/16/1981 LM 45 La Loma Historic John K. Ballantine, 2678 Buena Vista Way Etcheverry House District 1924 Jr. (not proven) 5/6/2002 CBDist 241 La Loma Historic 2704 Buena Vista Way Mathewson House District 1916 Bernard Maybeck 5/6/2002 CBDist 241 2733 Buena Vista Way Tuft's House #3 1931 Bernard Maybeck 7/1/2002 LM 246 Annie Maybeck 2780 Buena Vista Way House 1933 Bernard Maybeck 3/19/1990 LM 127 2800 Buena Vista Way Temple of Wings 1924 Bernard Maybeck 1/6/1992 LM 162 Samuel Hume John Hudson 2900 Buena Vista Way House 1928 Thomas 6/17/1985 LM 91 Stone / Hunter 2418 California Street House and Palm 1895 Unknown 6/5/2000 SOM 227 Charles Rieber 15 Canyon Road House 1904 Coxhead & Coxhead 6/7/1999 LM 213 2237 Carleton Street Woodworth House 1905 Charles Woodworth 9/7/1993 LM 177 2138 Cedar Street Grace North Church 1913 James L. Plachek 1/4/1999 LM 209 2286 Cedar Street Hillside Club 1924 John White 1/12/2004 LM 263 Veterans Memorial Civic Center Historic 1931 Center Street Building District 1928 Henry H. Meyers 12/7/1998 CBDist 208 Veterans Memorial 1931 Center Street Building 1928 Henry H. Meyers 4/15/1985 LM 89 State Farm Civic Center Historic 1947 Center Street Insurance Company District 1948 James W. Plachek 12/7/1998 CBDist 208 Mikkelsen & Berry 2124 Center Street Building 1902 Stone & Smith 12/19/1983 LM 77 Act 1 & Act 2 2130 Center Street Ennor's Restaurant Theatre 1923 James W. Plachek 11/2/2006 LM 293 839 Channing Way Niehaus House 1889 Edward Niehaus 6/21/1976 LM 11 Grace Baptist Rev. Bernhardt 936 Channing Way Church 1901 Fardig 2/22/1982 LM 53 The Robcliff 2515 Channing Way Apartment House 1921 Walter H. Ratcliff, Jr. 9/13/1999 SOM 218 2521 Channing Way Epworth Hall 1927 James L. Plachek 9/13/1999 LM 219 William Mooser and 2547 Channing Way Samuel Davis House 1899 Son 2/27/1984 LM 81 William E. Colby 2901 Channing Way House 1905 Julia Morgan 8/6/1985 LM 96 Civic Center Park Civic Center Historic 0 and Fountain District 0 12/7/1998 CBDist 208 Frederick Law Claremont District Olmstead and John 0 Claremont Avenue Public Amenities Northerly Gateways 1905 Galen Howard 10/15/1984 LM 85 2955 Claremont Avenue John Muir School 1915 James W. Plachek 7/18/1983 LM 72 Claremont Blvd at Russell St, Claremont Ave at Avalon Ave, 2000 block of Derby St, 2000 block of Forest Claremont Court St, Russell St at Oak Gates and Street 0 Knoll Path Markers 1907 John Galen Howard 5/9/2005 LM 278 60 Codornices Road Rose Walk 0 H. Gutterson 2/25/1991 LM 141

updated 6/4/2015 Page 2 ATTACHMENT 5 ZAB 03-14-19 Page 9 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note Warren Cheney 2241 College Avenue Houses 1885 Carl Ericson 9/17/1990 LM 135 Channing 2409 College Avenue Apartments 1913 Walter H. Ratcliff, Jr. 2/5/2015 LM 318 St. John's 2640 College Avenue Presbyterian Church 1908 Julia Morgan 12/15/1975 LM 4 Wlliam H. Weeks/ Bolfing's Elmwood E.L Younger - 2947 College Avenue Hardware 1923 Builder 4/6/2006 LM 284 Wells Fargo Bank, 2959 College Avenue Mercantile Trust Co. Elmwood 1925 Walter H. Ratcliff, Jr. 3/15/1982 LM 55 Strand Theater 2966 College Avenue Elmwood Theater 1914 Albert Cornelius 5/24/1982 LM 58 Thousand Oaks William Charles 840 Colusa Avenue School 1919 Hays 12/6/1993 LM demo 179 1 Cyclotron Road The Bevatron Building 51 1954 Masten and Hurd 8/3/2006 LM 288 Delaware Street 800 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 801 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 802 Delaware Street Historic District 12/17/1979 CBDist 35 originally at 1731 /33 802 Delaware Street Alphonso House Fifth St 1878 Joseph Alphonso 12/17/1979 LM 35 Delaware Street 803 Delaware Street Historic District 12/17/1979 CBDist 35 Also 806 Delaware Delaware Street 804 Delaware Street Street Historic District 12/17/1979 CBDist 35 Also 807 Delaware Delaware Street 805 Delaware Street Street Historic District 12/17/1979 CBDist 35 Delaware Street 808 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 810 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 812 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 813 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 814 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 815 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 816 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 817 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 818 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 819 Delaware Street Historic District 12/17/1979 CBDist 35 Also 822 Delaware Delaware Street 820 Delaware Street Street Historic District 12/17/1979 CBDist 35 Delaware Street 821 Delaware Street Historic District 12/17/1979 CBDist 35 Delaware Street 823 Delaware Street Historic District 12/17/1979 CBDist 35 Bowen's Inn Higgins 834 Delaware Street Grocery 1853 Unknown 6/17/1985 LM 92 Delaware Street, Delaware Street 800 Block of Historic District 0 Various 12/17/1979 CBDist 35 Longfellow Middle 1500 Derby Street School 1922 Hays / Plachek 12/2/1996 LM 192 Boone's University 2029 Durant Avenue School 1877 Unknown 3/16/1981 LM 40 2125 Durant Avenue Bishop Photo Studio 1939 Carl Fox 7/21/1986 LM 104 Howard Automobile Frederick H. 2140 Durant Avenue Company 1930 Reimers 10/17/1983 LM 75 Charles Mau & 2308 Durant Avenue Marsh House 1891 James Toohig 8/18/1986 LM 106 2315 Durant Avenue Berkeley City Club 1929 Julia Morgan 12/15/1975 LM 5 McCreary / Greer 2318 Durant Avenue House 1901 Unknown 8/18/1986 LM 105 The Cambridge 2500 Durant Avenue Appartments 1914 Walter H. Ratcliff 9/6/2007 LM 298 2520 Durant Avenue The Brasfield Beau Sky Hotel 1911 Shea & Lofquist 9/13/1999 LM 215 2526 Durant Avenue Blood House 1891 R. Gray Frise 9/13/1999 SOM 216

2530 Durant Avenue The Albra 1921 Walter H. Ratcliff, Jr. 9/13/1999 SOM 217 2600 Durant Avenue Durant Hotel 1929 William Weeks 2/1/1993 SOM 174 Cornelius Beach 2639 Durant Avenue Bradley House 1897 Edgar A. Mathews 11/3/1997 LM 197

John Carl Warnecke; Lawrence Halprin U.C. Berkeley &William Wilson 2650 Durant Avenue Unit 1 Campus 1959 Wurster 9/11/2000 LM 229 1545 Dwight Way Fish-Clark House 1883 A. H. Broad 8/5/2010 LM 307 2120 Dwight Way Williamson Building 1905 George L. Mohr 2/25/1991 LM 138 2128 Dwight Way Williams Building 1902 George L. Mohr 2/25/1991 LM 139

updated 6/4/2015 Page 3 ATTACHMENT 5 ZAB 03-14-19 Page 10 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note Benjamin Ferris First Alta Bates 2314 Dwight Way house Hospital 1868 Unknown 1/26/1987 LM 112 2401 Dwight Way Town & Gown Club 1899 Bernard Maybeck 12/15/1975 LM 6 2437 Dwight Way James Edgar House 1869 Unknown 12/21/1981 SOM 49 2502 Dwight Way King Building E. P. King Building 1901 A. Dodge Coplin 1/12/2004 LM 264 2524 Dwight Way Stuart House 1891 Pissis and Moore 9/13/1999 LM 220 George Edwards 2530 Dwight Way House 1886 A.H. Broad 4/6/1998 LM 200 2600 Dwight Way Hobart Hall 1919 Julia Morgan 9/8/1998 LM 203 First Church of 2619 Dwight Way Christ, Scientist 1910 Bernard Maybeck 12/15/1975 LM 1 Charles Wilkinson 2730 Dwight Way House 1880 Clinton Day 2/6/1995 LM 183 Davis / Byrne Remodeled by 2138-40 Dwight Way Building 1895 George L. Mohr 2/25/1991 LM 140 Kawneer C.H. Miller, Alben 2547 Eighth Street Manufacturing Co. 1913 Froberg 7/21/1986 LM 102 Standard Die & Roll-Away Window Austin Company of 2701 Eighth Street Specialty Company Screen Co. 1924 California 3/7/2005 LM 277 Hill, Anita Jeffress John Hudson 2944 Elmwood Court House 1920 Thomas 7/1/2002 SOM 245 Berkeley Municipal 1300 Euclid Avenue Rose Garden 1937 Vernon Dean 3/6/1995 LM 186 Nixon / Kennedy 1537 Euclid Avenue House 1923 Bernard Maybeck 7/21/1986 LM 103 1865 Euclid Avenue Euclid Apartments Proctor Apartments 1912 John Galen Howard 9/8/1998 204 Park Congregrational South Berkeley 1802 Fairview Street Church Community Church 1912 Hugo Storch 6/21/1976 LM 13

1521 Fifth Street Sutter Langel House 1895 Unknown 10/16/1992 LM #N/A 1629 Fifth Street Borja House 1888 Charles Brown 12/19/1977 SOM 22 1808 Fifth Street Heywood House 1878 Charles Heywood 9/17/1979 LM 33 1824 Fifth Street Silva House 1870 Joseph Alphonso 5/14/1979 LM 28 Davis - Harmes 1828 Fifth Street House 1890 C.W. Davis 9/15/1986 LM 107 Oceanview Sisterna 2105 Fifth Street Haller-Dowd House Historic District 1893 Unknown 3/1/2004 CBDist 267 Peter H. Haller Oceanview Sisterna 2107 Fifth Street House Historic District 1889 Unknown 3/1/2004 CBDist 267 Oceanview Sisterna 2109 Fifth Street Juan Velasca House Historic District 1877 Unknown 3/1/2004 CBDist 267 West Berkeley 2215 Fifth Street Macaroni Factory 1907 Simon Marengo 11/19/1990 SOM 137 2411 Fifth Street The Martin House 1892 Fred Martin 8/3/2006 SOM 289 Manasse Block 1300 Fourth Street Tannery Co. 1898 Various 4/21/1986 LM 101 1404 Fourth Street California Ink Co. 0 Various 11/17/1986 LM 110 William Brewer 1809 Fourth Street Ghego House 1877 Heywood 6/21/1982 LM 60 Spenger's Fish Unknown, pos. 1915 Fourth Street Grotto 0 Johann Spenger 11/2/1998 LM 206 Fourth Street between University Archeological 0 and Hearst Shellmound 0 Feature 2/7/2000 LM 224 2288 Fulton Street Odd Fellows Temple 1926 James W. Plachek 4/19/1982 LM 52 Northern Bertha 2424 Fulton Street Bosse Cottage 1884 Veitch & Knowles 6/2/2003 LM 255 Southern Bertha 2426 Fulton Street Bosse Cottage 1884 Veitch & Knowles 6/2/2003 LM 254 2430 Fulton Street Kueffer House 1891 Unknown 5/5/2003 LM 252 Greenwood Greenwood 1 Common Common 1955 Donald Olsen 3/19/1990 LM 129 Greenwood Greenwood 2 Common Common 1957 Donald Olsen 3/19/1990 LM 129 Greenwood Greenwood 3 Common Common 1954 Joseph Esherick 3/19/1990 LM 129 Greenwood Greenwood Harwell Hamilton 4 Common Common 1954 Harris 3/19/1990 LM 129 Greenwood Greenwood 7 Common Common 1920 RM Schindler 3/19/1990 LM 129 Greenwood Greenwood 8 Common Common 1953 Howard Moise 3/19/1990 LM 129 Greenwood Greenwood 9 Common Common 1954 Henry Hill 3/19/1990 LM 129 Greenwood Greenwood 10 Common Common 1952 John Funk 3/19/1990 LM 129

2222 Harold Way Armstrong College 1923 Walter H. Ratcliff, Jr. 9/6/1994 LM 181 Cross-addresed with Prev. designated 2419 Haste Street McKinley School 1906 A.H. Broad 2/5/1996 LM 2407 Dana. 111 SOM 1/26/1987 People's 2500 Haste Street Bicentennial Mural 1976 Osha Newman et al. 2/22/1990 LM 125 J.C. Newson / J.H. 2501 Haste Street The Berkeley Inn 1911 Hinds 11/9/1987 LM demo 113 2509 Haste Street The Woolley House 1876 Unknown 10/16/1989 LM 122 2526 Haste Street People's Park 1969 Openspace 11/19/1984 LM 86

updated 6/4/2015 Page 4 ATTACHMENT 5 ZAB 03-14-19 Page 11 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note Casa Bonita 2605 Haste Street Apartments 1928 John A. Marshall 11/1/1999 LM 222

John Carl Warnecke; Lawrence Halprin U.C. Berkeley &William Wilson 2650 Haste Street Unit 2 Campus 1960 Wurster 9/11/2000 LM partial 230 Bertha Newell 2724 Haste Street Berkeley Piano Club House 1912 William Woollett 3/7/2005 LM 276 David Brower Houses & David Brower Redwood A.H. Broad / 2232-34 Haste Street Tree 1887/1904 unknown 8/7/2008 LM 300 John Hudson 1427 Hawthorne Terrace Daggett House 1924 Thomas 7/14/2003 LM 256 Westminster St. Procopius 926 Hearst Avenue Presbyterian Church Church 1879 Charles Geddes 12/15/1975 LM 3 Church of the Good 1001 Hearst Avenue Shepherd 1878 Charles L. Bugbee 12/15/1975 LM 2 Harris House / Smith 2301 Hearst Avenue House 1939 John B. Anthony 6/21/1976 LM 12 Grad School of 2607 Hearst Avenue Beta Theta Pi House Public Policy 1893 Ernest Coxhead 11/15/1982 LM 66 Phi Delta Theta 2717 Hearst Avenue Chapter House 1914 John Reid, Jr. 5/24/1982 LM 57 Paulson & Marini Durkee Famous 1916 , Tryqye 740 Heinz Street Foods Plant 1916 Ronnegert 1929 8/6/1985 LM 97 Charles Keeler 1736 Highland Place Studio 1902 Bernard Maybeck 3/6/1995 LM 185 Charles Keeler 1770 Highland Place Place 1895 Bernard Maybeck 3/6/1995 LM 184 2501 Hillegass Avenue ABSW Campus 1921 Julia Morgan, et al. 2/1/1999 LM 211 Smith House and Smith House Henry Gutterson et 2527 Hillegass Avenue Smith Cottage demolished 1927 al. 1/21/1980 LM 36 Marshall-Lindblom 2601 Hillegass Avenue House 1897 Cunningham Bros 3/3/2003 LM 249 The Berkeley Tennis 2624 Hillegass Avenue Club 1908 Ratcliff & Jacobs 5/15/1989 LM 118 Berkeley Public 2090 Kittredge Street Library 1930 James W. Plachek 4/19/1982 LM 56 A.H. Broad House 2117 Kittredge Street and Storefronts 1894 A.H. Broad 10/1/2001 SOM 239 La Loma Historic 1508 La Loma Avenue Bishop House District 1923 Ernest Coxhead 5/6/2002 CBDist 241 La Loma Historic 1509 La Loma Avenue Rowell House District 1930 Masten and Hurd 5/6/2002 CBDist 241 Ballantine House La Loma Historic 1512 La Loma Avenue and Cottage District 1924 John K Ballantine Jr 5/6/2002 CBDist 241 La Loma Historic 1514 La Loma Avenue Weeks House District 1926 Unknown 5/6/2002 CBDist 241 La Loma Historic 1515 La Loma Avenue Lawson House District 1907 Bernard Maybeck 5/6/2002 CBDist 241 1515 La Loma Avenue Lawson House 1907 Bernard Maybeck 6/21/1976 LM 16 La Loma Historic 1521 La Loma Avenue Walton House District 1940 Oskar Gerson 5/6/2002 CBDist 241 La Loma Historic Roland Irving 1525 La Loma Avenue Wells House District 1923 Stringham 5/6/2002 CBDist 241 La Loma Historic 1530 La Loma Avenue Tolman House District 1925 Warren Perry 5/6/2002 CBDist 241 La Loma Historic 1542 La Loma Avenue Tolman Cottage District 1925 James McCreery 5/6/2002 CBDist 241 La Loma Historic 1544 La Loma Avenue Tolman Cottage District 1925 James McCreery 5/6/2002 CBDist 241 1675 La Loma Avenue Jensen House 1893 George Jensen 10/7/1996 LM 190

1730 La Loma Avenue Kingman Hall Theta Xi 1914 Drysdale & Thomson 1/4/1999 LM 210 Phi Kappa Psi 1770 La Loma Avenue House 1901 Harris C. Allen 8/3/2006 LM 287 William Wilson 1650 La Vereda Edgar Jensen House 1937 Wurster 12/6/2004 LM 274 Kluegel House, John Hudson 2667 Le Conte Avenue Laura Belle Marsh 1911 Thomas 4/6/2006 LM 283 2683 Le Conte Avenue Bentley House 1900 A.H. Broad 2/2/1998 LM 199 1400 Le Roy Avenue Rose Walk 0 H. Gutterson 2/25/1991 LM 141 John Galen Howard 1401 Le Roy Avenue House 1912 John Galen Howard 3/21/1977 LM 20 John Hudson Thomas & Julia 1500 Le Roy Avenue La Loma Steps 1924 Morgan 10/2/1995 Feature 188 La Loma Historic 1581 Le Roy Avenue Hillside School District 1925 Walter H. Ratcliff, Jr. 5/6/2002 CBDist 241

1581 Le Roy Avenue Hillside School 1925 Walter H. Ratcliff, Jr. 6/21/1982 LM 61

Tellefsen Hall Volney Albert C. 1755 Le Roy Avenue Moody House 1896 Schweinfurth 8/20/1990 SOM 134

1772 Le Roy Avenue Oscar Maurer Studio 1907 Bernard Maybeck 3/19/1990 LM 128 Allen Freeman 1777 Le Roy Avenue House Allanoke 1903 Coxhead & Coxhead 11/17/1986 LM 109

updated 6/4/2015 Page 5 ATTACHMENT 5 ZAB 03-14-19 Page 12 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note Le Roy, Le Conte, La Loma, Virginia, La Vereda, Hilgard Daleys Scenic Tract 0 avenues Street Improvements 1909 Hillside Club 7/18/1983 Feature 73 Josiah J Rose - 2919 Lorina Street Goldsmith House 1891 Josiah J Rose 9/8/1998 LM 202

1300 M L King Jr Way The Maybeck House 1892 Bernard Maybeck 2/1/2007 LM 294 1841 Marin Avenue Ralph White House 1913 Julia Morgan 1/8/2001 LM 232 2118 Marin Avenue Perry / Bell House 1914 Julia Morgan 8/2/1999 LM 214 Henry Gutterson, John Gregg, Julia Morgan, Bernard Maybeck, et al./Fed. Martin Luther King Jr Civic Center Park Civic Center Historic Works Progress 2100 Way and Fountain District 1942 Admin 12/7/1998 CBDist 208 Martin Luther King Jr Civic Center Historic John Bakewell & 2134 Way City Hall District 1908-1909 Arthur Brown, Jr. 12/7/1998 CBDist 208 Martin Luther King John Bakewell & 2134 Jr. Way Old City Hall 1908-1909 Arthur Brown, Jr. 12/15/1975 LM 7 Berkeley High School Community Theater Little Martin Luther King Theater Shop & William Corlett Sr./ 2223 Jr. Way Science Buildings 0 Henry Gutterson 12/7/1992 LM 173

1 Maybeck Twin Drive Maybeck Cottage 1924 Bernard Maybeck 12/9/2002 LM 248 Civic Center Historic 2131 McKinley St Hall of Justice District 1939 James Plachek 12/7/1998 CBDist demo 208 Civic Center Historic 2180 Milvia Federal Land Bank District 1939 James Plachek 12/7/1998 CBDist 208 Dragon, Officer, 1645 Milvia Street Whittier School 1939 Hardman, Schmidts 6/25/1984 LM 84 MLK Civic Center 2180 Milvia Street Building Federal Land Bank 1938 James L. Plachek 4/15/1985 LM 90 2727 Milvia Street Berkeley Iceland 1939 W.C.Ambrose 4/5/2007 LM 296 Albert E. 45 Oak Ridge Road Montgomery House Montgomery House 1909 Walter H. Ratcliff, Jr. 2/2/2004 LM 266 Harry H. Webb Charles Manning 1301 Otis Street Webb House House 1904 MacGregor 10/8/2003 LM 262 Byrne House and Grounds, Napoleon 1301 Oxford Street Bonaparte 1868 Unknown 6/21/1976 LM 14 Captain Boudrow 1536 Oxford Street House 1889 Julius Kraft 6/21/1976 LM 15 Richfield Oil 1952 Oxford Street Company University Garage 1930 Walter H. Ratcliff Jr. 12/21/1981 LM 50 2120 Oxford Street UC Press Building UC Printing Plant 1939 Masten & Hurd 6/7/2004 LM 271 William Such 2140 Oxford Street Building 1906 George Mohr 8/17/1981 LM 42 Vickery, Atkins, 0 Panoramic Way Orchard Lane Pedestrian Path 1909 Torrey Gallery 1/6/1992 Feature 165 Miles Cutter 700 Parker Street Laboratories Building 12 1914 Various 11/20/1989 SOM 123 William Charles Hays & Clarence 2220 Piedmont Avenue Kappa Sigma House 1922 Dakin 7/6/1992 LM demo 169 Thorsen House 2307 Piedmont Avenue Sigma Phi 1909 Greene & Greene 12/15/1975 LM 8 Phi Gamma Delta 2395 Piedmont Avenue House 1928 Frederick Reimers 5/21/1990 LM 131 Merton J. Cogdon 2527 Piedmont Avenue House 1894 George Embry 11/2/1998 SOM 205 Piedmont b/t Gayley Frederick Law 0 & Dwight Piedmont Avenue 1864 Olmstead 2/22/1990 Feature 126 Lucinda Reames 2503 Regent Street House #1 1902-1903 A. Dodge Coplin 10/2/2014 SOM 315 Lucinda Reames 2509 Regent Street House #2 1903 A. Dodge Coplin 10/2/2014 SOM 316 William Wilkinson 2511 Regent Street House 1903 A. Dodge Coplin 10/2/2014 SOM 317 2517 Regent Street 1901 William G. May 11/1/2012 SOM 312 2600 Ridge Road Cloyne Court 1904 John Galen Howard 11/15/1982 LM 65 Duncan and Jean 22 Roble Road McDuffie Estate 1926 Willis Polk 3/3/2011 LM 309 Prev. designated 1475 Rose Street Jefferson School 1921 Gutterson/Hayes 3/16/1987 LM 10 SOM 5/11/1976 Scarich Hunrick 2211 Rose Street Grocery 1908 F.H. Madison builder 9/19/1988 SOM demo 114 2500 Rose Walk Rose Walk 1913 Bernard Maybeck 12/15/1975 Feature 9 2500 Rose Walk Rose Walk 0 H. Gutterson 2/25/1991 LM 141 2501 Rose Walk Rose Walk 0 H. Gutterson 2/25/1991 LM 141 2518 Rose Walk Rose Walk 0 H. Gutterson 2/25/1991 LM 141 2555 Rose Walk Rose Walk 0 H. Gutterson 2/25/1991 LM 141 Church By The Side John Knox 2108 Russell Street Of The Road Presbyterian Church 1908 H.F. Starbuck 6/20/1983 SOM 71 Judah Magnes 2905 Russell Street Memorial Museum 1908 D.J. Patterson 5/14/1979 LM 29 John Hudson 1960 San Antonio Avenue Spring Estate 1912 Thomas 7/10/2000 LM 228 Donald and Helen Donald E Olsen, 771 San Diego Rd Olsen House 1954 FAIA 3/5/2009 LM 301 1317 San Pablo Avenue Ashkenaz Café 1914 Stevie Van Ronk 9/8/1992 LM 170

updated 6/4/2015 Page 6 ATTACHMENT 5 ZAB 03-14-19 Page 13 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note Franklin Market 1531 San Pablo Avenue Building 1907 Unknown 7/15/1985 LM 94 Weisbrod Building 2001 San Pablo Avenue Guys Drugs 1930 Spiveck & Spiveck 7/15/1985 SOM 95 Albert Kahn/ Austin 2900 San Pablo Avenue H.S. Heinz Co. Plant 1927 Co. 11/17/1986 LM 108 Archeological 550 Santa Rosa Avenue Sutcliff Picnic Rock 0 Feature 5/21/1990 LM 130 Benjamin Ide E.A. Mathews, L. Wheeler House and Hobart 1911 1820 Scenic Avenue Garden 1900 remodel 1/13/1986 LM 99 Griscom / Russell Berkeley Municipal Co./ Refuse 1120 Second Street Incinerator 1913 Disposal Co. 7/15/1985 LM 93 Elmer Buckman 920 Shattuck Avenue House 1909 Walter H. Ratcliff, Jr. 6/6/1994 LM 180 Captain Maury John Hudson 1317 Shattuck Avenue House 1870 Thomas 12/20/1982 LM 67 Capitol Market also under 2044 1500 Shattuck Avenue Building Vine Street 1891 Builder: Alphonso H. Broad9/3/2009 LM 303 Swink House, 1525 Shattuck Avenue Cottage and Garden 1903 James L. Swink 5/1/2000 SOM 226 U.S. Realty Earle Bertz/Lawton & Prev. designated 1987 Shattuck Avenue MacFarlane Building Company 1925 Vezey 9/15/1986 LM 69 SOM 1/17/1983 2014 Shattuck Avenue Heywood Building 1917 James L. Plachek 4/12/1993 LM 176 2036 Shattuck Avenue Kress Store 1933 Edward F. Sibbert 4/20/1981 LM 41 2037 Shattuck Avenue Studio Building 1905 F.H. Dakin 5/15/1978 LM 24 Francis K. Shattuck Louis Stone / Henry 2100 Shattuck Avenue Building 1901 Smith 2/6/1995 LM 182 Mason-McDuffie 2101 Shattuck Avenue Company 1928 Walter H. Ratcliff, Jr. 1/21/1985 LM 88 2107 Shattuck Avenue Chase Building 1909 William Wharff 1/3/2000 SOM 223 American Trust 2140 Shattuck Avenue Building Wells Fargo Bldg 1925 Walter H. Ratcliff, Jr. 12/17/1984 LM 87 2161 Shattuck Avenue The Wright Block 1906 William Knowles 9/8/2003 LM 259 Brooks Apartment 2231 Shattuck Avenue Bldg 1906 Meyers and Ward 4/7/2003 LM 250 Tupper & Reed 2271 Shattuck Avenue Building 1925 William R. Yelland 3/19/1984 LM 82 Pasand Hotel 2276 Shattuck Avenue Morse Block Donogh Arms 1906 Dickey & Reed 6/18/1979 LM 30 The Hezlett's Silk Tupper & Reed 2277 Shattuck Avenue Store Building Building 1925 Masten and Hurd 3/6/2008 LM 299 2295 Shattuck Avenue Masonic Temple Crocker Bank 1905 William Wharff 1/20/1982 LM 51 2300 Shattuck Avenue Corder Bldg 1921 James L. Plachek 10/19/1981 LM 44

Fidelity Savings Walter H. Ratcliff, 2323 Shattuck Avenue Building 1925 Jr./ Walter Sorensen 10/17/1983 LM 74 Wallace Clark 2375 Shattuck Avenue Building Yellow House 1894 Unknown 7/11/2005 LM 280 2429 Shattuck Avenue Morrill Apartments 1911 George F. King 5/21/1984 LM 83 2484 Shattuck Avenue Barker Building 1905 A. W. Smith 1/16/1978 LM 23 Shattuck Hotel excluding 1926 and Walter H. Ratcliff, 1957 additions Jr., & Benjamin designated LM 2200-40 Shattuck Avenue Shattuck Hotel Hink's 1909 McDougall 11/9/1987 LM 70 5/16/1983 48 Shattuck Square Shattuck Square 1926 Pflueger & Miller 2/27/1984 LM 79 64 Shattuck Square Roos Bros. Building 1926 Pflueger & Miller 10/20/1980 LM 39 Timothy Pflueger & 82 Shattuck Square Shattuck Square 1926 James Miller 2/27/1984 LM 80 1448 Sixth Street Maurer House 1850 Unknown 11/21/1988 SOM demo 116 Charles R. Brown 1614 Sixth Street house 1888 Frank Gimbal 11/21/1983 LM 76 1812 Sixth Street Andrews House 1880 Unknown 6/15/1992 LM 167 1814 Sixth Street Workman's Cottage 1876 Unknown 6/15/1992 LM 168 West Berkeley Children's Center 2031 Sixth Street Day Nursery 1927 Walter H. Ratcliff Jr. 2/22/1977 LM 19 George Collignan, Edward McVay Oceanview Sisterna arch; Oscar 2100 Sixth Street House Historic District 1892 Carpenter, builder 3/1/2004 CBDist 267 Oceanview Sisterna 2104 Sixth Street Clara Ballard House Historic District 1892 Unknown 3/1/2004 CBDist 267 Frederick J. L. Oceanview Sisterna 2108 Sixth Street Edwards Historic District 1888 Unknown 3/1/2004 CBDist 267 Oceanview Sisterna 2110 Sixth Street John Haller House Historic District 1888 Unknown 3/1/2004 CBDist 267 Oceanview Sisterna 2112 Sixth Street Haller-Callais House Historic District 1888 Unknown 3/1/2004 CBDist 267 1861 Solano Avenue Oaks Theatre 1925 Reid Brothers 2/2/2006 LM 282 Southhampton Avenue between San Diego Road and John Gregg and 0 Somerset Place John Hinkel Park 1919 Vernon Dean 4/2/2001 LM 235 Carrick House & 1418 Spruce Street Cottages 1885 Unknown 12/9/2002 LM 247 John Hudson 1730 Spruce Street Loring House 1914 Thomas 10/16/1989 LM 121 1781 Spruce Street Normandy Village 1928 William R. Yelland 12/19/1983 LM 78 1785 Spruce Street Normandy Village 1928 William R. Yelland 12/19/1983 LM 78 1793 Spruce Street Normandy Village 1928 William R. Yelland 12/19/1983 LM 78 1815 Spruce Street Normandy Village 1928 William R. Yelland 12/19/1983 LM 78

updated 6/4/2015 Page 7 ATTACHMENT 5 ZAB 03-14-19 Page 14 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note 1831 Spruce Street Normandy Village 1928 William R. Yelland 12/19/1983 LM 78 1835 Spruce Street Normandy Village 1928 William R. Yelland 12/19/1983 LM 78

2509 Telegraph Avenue Soda Works Building 1888 Unknown 4/12/2004 LM 268 Needham/Obata 2525 Telegraph Avenue Building 1907 Unknown 11/5/2009 LM 304 Gorman's Furniture 2599 Telegraph Avenue Store 1880 Unknown 12/4/2000 LM 231 2740 Telegraph Avenue Marshall Mansion Gramma's Inn 1905 C.A. Cook 9/18/1989 LM 119 2744 Telegraph Avenue Marshall Mansion Fay House 1901 C.A. Cook 9/18/1989 LM 120 Concrete Grid Forms LM Designation 3075 Telegraph Avenue Company Building 1932 Walter Steilberg 9/8/2003 LM demo 258 appealed, upheld Toverii Tuppa 1819 Tenth Street Building Old Finnish Hall 1908 August Trille 7/16/1979 LM 31 West Berkeley 2009 Tenth Street YMCA 1939 Walter H. Ratcliff Jr. 1/6/1992 SOM 163 North Branch Berkeley Public 1170 The Alameda Library 1936 James L. Plachek 10/1/2001 LM 240 147 Tunnel Road Farley House 1922 Walter H. Ratcliff Jr. 7/9/2001 SOM 236

70 Twain Avenue Everett Glass House 1938 William Wurster 4/3/1995 LM 187 Naval Architecture U.C. Berkeley Building - Drawing 0 Campus Building 1914 John Galen Howard 10/18/1976 LM 17 U.C. Berkeley 0 Campus Northgate Hall 1906 John Galen Howard 11/15/1976 LM 18 U.C. Berkeley 0 Campus Haviland Hall 1924 John Galen Howard 11/16/1981 LM 46 U.C. Berkeley 0 Campus Bowles Hall 1928 George Kelham 10/17/1988 LM 115 U.C. Berkeley Ernest V. Cowell 0 Campus Memorial Hospital 1930 Arthur Brown 11/19/1990 LM demo 136 U.C. Berkeley 0 Campus California Hall 0 John Galen Howard 2/25/1991 LM 142 U.C. Berkeley 0 Campus Sather Tower 0 John Galen Howard 2/25/1991 LM 143 U.C. Berkeley Doe Memorial 0 Campus Library 0 John Galen Howard 2/25/1991 LM 144 U.C. Berkeley Durant Hall - Former 0 Campus Boalt Hall 0 John Galen Howard 2/25/1991 LM 145 U.C. Berkeley Faculty Club Faculty 0 Campus Glade 0 Bernard Maybeck 2/25/1991 LM 146 U.C. Berkeley William Charles 0 Campus Giannini Hall 1930 Hays 2/25/1991 LM 147 U.C. Berkeley Hearst Greek 0 Campus Theater 1903 John Galen Howard 2/25/1991 LM 148 U.C. Berkeley Hearst Gymnasium Bernard Maybeck & 0 Campus for Women 1927 Julia Morgan 2/25/1991 LM 149 U.C. Berkeley Hearst Mining 0 Campus Building 0 John Galen Howard 2/25/1991 LM 150 U.C. Berkeley 0 Campus Hilgard Hall 0 John Galen Howard 2/25/1991 LM 151 U.C. Berkeley 0 Campus Senior Hall 1906 John Galen Howard 2/25/1991 LM 152 U.C. Berkeley 0 Campus South Hall 0 David Farguharson 2/25/1991 LM 153 U.C. Berkeley 0 Campus University House 1911 Albert Pissis 2/25/1991 LM 154 U.C. Berkeley 0 Campus Wellman Hall 1912 John Galen Howard 2/25/1991 LM 155 U.C. Berkeley 0 Campus Wheeler Hall 0 John Galen Howard 2/25/1991 LM 156 U.C. Berkeley Room 307, Gilman 0 Campus Hall 1917 John Galen Howard 2/25/1991 LM 157 U.C. Berkeley Archeological 0 Campus Founders Rock 0 Feature 2/25/1991 LM 158 U.C. Berkeley Sather Gate and 0 Campus Bridge 0 John Galen Howard 2/25/1991 LM 159 U.C. Berkeley Warren Perry / 0 Campus Edwards Stadium 1932 Stafford Jory 11/2/1992 LM 172 U.C. Berkeley Harmon Gym - 0 Campus Haas Pavilion 1932 George Kelham 9/3/1996 LM 189 U.C. Berkeley 0 Campus Landscape Features 0 Various 11/4/1996 LM 191 U.C. Berkeley 0 Campus Pelican Building 1956 Joseph Esherick 2/3/2011 LM 308 U.C. Berkeley 0 Campus Girton Hall 1911 Julia Morgan NO #N/A Southern Pacific Southern Pacific R.R. architectural 700 University Avenue Railroad Station 1913 bureau - JH Christie 3/5/2001 LM 234 Suendermann 921 University Avenue Plumbing Company 1875 Unknown 11/18/1985 LM 98 Mobilized Women of 1007 University Avenue Berkeley Building 1949 P. L. Coates 3/4/2010 LM 305 West Berkeley 1125 University Avenue Branch Library 1923 Roy O. Long 5/5/2003 SOM 253 Santa Fe Railway Charles Frederick 1310 University Avenue Station 1904 Whittlesey 9/10/2001 LM 238 1472 University Avenue Fox Court 1928 Fox Brothers 11/20/1978 LM 25 1670 University Avenue Fox Commons 0 Fox Brothers 12/7/1998 LM 207 1940 University Avenue Bonita Apartments 1905 George Mohr 1/15/1979 LM 26 1952 University Avenue Bertin Properties 1922 John Bartlett 10/8/2003 LM 260 updated 6/4/2015 Page 8 ATTACHMENT 5 ZAB 03-14-19 Page 15 of 69 City of Berkeley Designated Landmarks Date of Number Street Name1 Name2 Construction Architect Designation Type DEMO Binder Number Note 1960 University Avenue Bertin Properties 1923 Harry C. Smith 10/8/2003 LM 261 State Farm Building; Berkeley Building 2054 University Avenue Koerber Building Morgan Building 1924 Company 9/3/2009 LM 302 Acheson Physician's LM Designation 2131 University Avenue Building 1908 George L. Mohr 1/17/1983 LM 68 appealed, upheld Ernest Alvah Heron John Hudson 2136 University Avenue Heron Building Building 1915 Thomas 7/12/2004 LM 272 Sill's Grocery and 2145 University Avenue Hardware Company 1915 James W. Plachek 6/7/2004 LM 270 2154 University Avenue no common name 1911 George Anderson 6/7/2004 LM 269

2018-36 University Avenue UC Theater 1916 James L. Plachek 5/6/2002 LM partial 242 2100 Vine Street Squires Block 1895 Edwin J Squires 3/7/2005 SOM 279 EBMUD Vine Street A.J. Calleri/Arthur 2113 Vine Street Pumping Plant 1930 Johnson 10/4/1999 LM 221 Former Garfield 1414 Walnut Avenue School 1915 Ernest Coxhead 5/20/1980 LM 37 California School for Clark Kerr Campus Alfred Eichler & 2601 Warring Street the Deaf and Blind UC 1914 State Architects 9/21/1981 LM 43 Elizabeth M Kenney 1920 West Street Cottage 1887 William H. Wrigley 2/5/2001 SOM 233 The MacGregor 1962 Yosemite Road House 1920 Julia Morgan 6/3/2002 LM 243 Northbrae Public 0 Improvements 1907 John Galen Howard 2/3/1992 Feature 166 La Loma Park 0 Historic District 0 Various 5/6/2002 CBDist 241 Oceanview Sisterna 0 Historic District 0 3/1/2004 CBDist 267

updated 6/4/2015 Page 9 ATTACHMENT 5 ZAB 03-14-19 Page 16 of 69

W IL D C GRIZZLY PEAK BLVD A T C A N Y O N

R City of Berkeley D ContraContra CostaCosta O W OD HA VE N Historic Resources R D CountyCounty

Spring Estate Sutcliff Picnic Rock 224

W

I L D as of September 27, 2016 C A T C AN YO N R The Donald and D Helen Olsen House

The MacGregor House

John Hinkel Park

Historic Resources

EUCLID AVE F.A. Thomas House Landmarks / Structure of Merit Thousand Oaks School Oaks Theatre ³ Features Perry / Bell House THE ALAMEDA COLUSA AVE

SOLANO AVE Elmer Buckman House Districts TULARE AVE Everett Glass House Demolished Northbrae Public Ralph White House Improvements Partially Demolished 0 1,000 2,000 4,000

SUTTER ST Feet

FRESNO AVE

SONOMA AVE

North Branch Berkeley Berkeley Municipal AlbanyAlbany Public Library EUNICE ST Rose Garden

Byrne House and Grounds, Napoleon Bonaparte John Galen Howard House

HOPKINS ST Rose Walk Captain Maury The Maybeck House Scarich Hunrick The Wallace Greenwood Samuel Hume House House Sauer House Grocery Common ROSE ST Daggett House Maybeck Cottage Carrick House La Loma Steps La Loma Park & Cottages Tuft's House #3 Former Garfield Historic District School Lawson Annie Maybeck House Bonita House House Berkeley Municipal Nixon / Kennedy Incinerator EBMUD Vine Street House Hillside School Temple of Wings Pumping Plant

Squires Block Ashkenaz GILMAN ST Café

I80 EAST Swink House, Cottage Jensen House BUCHANAN ST Captain Boudrow and Garden Edgar Jensen House Jefferson School House

PERALTA AVE Hillside Club MCMILLIAN RD

Grace North Church Daleys Scenic Tract Manasse Block Street Improvements Tannery Co. California Bentley House Ink Co. Kluegel House Charles Keeler California Studio Tellefsen Hall Volney Ink Co. FIFTH ST Moody House Kingman Hall Charles Keeler Place The Bevatron Whittier School Oscar Maurer

I80 WEST (ON RAMP) GILMAN HWY EIGHTH ST Loring House Studio Phi Kappa Psi House Allen Freeman House Allanoke Cloyne Court Phi Delta Theta Chapter House Beta Theta Pi Fullen Market Building CY SER Maurer House Benjamin Ide Wheeler C LA RD 1 LO G Founders Rock TR Normandy House and Garden ON Franklin Market Building Naval R Village Architecture D Northgate Hall G A University House Hearst Mining Y L E Harris House / Building Y Sutter Langel Smith House R House HEARST AVE Landscape D Haviland Features Acheson Giannini Hearst Greek Theater Hall VIRGINIA ST Physician's Building Hall Hilgard Charles R. Morgan Richfield Oil Hall Landscape Bowles Hall Brown house Building Berkeley Bay Joseph L. Clapp Cottage Company Wellman Features Landscape Hall Commons Sill's Grocery and Features Room 307, MacFarlane Ernest V. Cowell Borja House Hardware Company Gilman Hall Memorial HospitalR R IM D Building Doe Memorial W IAL SIXTH ST A N DELAWARE ST Heron Bldg Senior Hall Y EN W Library RD NT Plachek Building EST C Kappa Sigma CE Bertin IR S Shattuck Sq. Sather Tower 323 O Properties California Hall House Bonita Roos Bros. Heywood Apt. Bldg. U UC Apartment Building Studio Bldg Landscape TH Theater Wheeler South Hall D Features Faculty Club R Mason-McDuffie Hall California Memorial Veterans Memorial Golden Sheaf Durant Hall Faculty Glade Underwood Bldg Stadium Building Bakery Former Boalt Hall

I80 WEST (OFF RAMP) UNIV GRANT ST Kress Store UC Press Bldg Fox Commons Framat Chase Bldg Warren Cheney Delaware Bowen's Inn/ Toverii Tuppa Francis K. Shattuck Build. S CA Lodge Act1 & Act2 OS MPUS Houses Higgins Grocery Building Chamber of CR RD Historic District Sather Gate Charles Rieber Church of the Elizabeth M Mikkelsen & Berry Commerce Building and Bridge BARROWS LN Alphonso House Kenney Cottage UNIVERSITY AV House Good Shepherd Federal Land Bank Downtown Wright Block Oxford Plaza SPINNAKER WAY Andrews House Fox Court Heywood House YMCA Creamery William Such Bldg. College Women's Club Saint Joseph Ghego House Workman's Cottage West Berkeley Livery Stables YWCA Harmon Gym Cornelius Beach Branch Library the Worker Martin Luther Westminster Santa Fe Old City Hall Elks Club Red Cross Haas Pavilion Bradley House Thorsen House Orchard Lane Silva House Mobilized King Jr. Park P

Railway Station Westminster I Sigma Phi Presbyterian Church Women of AH Broad House/ E SPAULDING AVE Civic Center Davis - Harmes House Weisbrod Building Old City Hall Shattuck Brooks Fred Turner University Hall D Berkeley Historic District Storefronts First Unitarian M Annex YWCA Building Guys Drugs Hotel Apt.Bldg Edwards Church Building O Phi Gamma Delta House Tupper & Reed N Suendermann Stadium Durant Hotel T Blood House A West Berkeley Cooper Woodworking Berkeley High School Hexlett's Silk Store The Albra William E. Berkeley V M Building YWCA John Brennan Community Theater Little E Colby House A Spenger's Fish Building Public Library Odd Fellows Beau Sky Hotel R House I Theater Shop & Science Buildings Unit 1 Piedmont N Grotto Temple B Berkeley Main Masonic Berkeley D A MCGEE AVE R R Shellmound Morse Block Avenue H B Armstrong Temple E Carrington House, Post Office City Club The Cambridge Apts. T L Y A Berkeley High School Waste & Clark Apts. M V ASS Bartine College S K D ERP Building H & Building G Fidelity Savings Samuel Davis House Casa Bonita W OV AVE DURANT AVE A SITY West Berkeley Children's Corder Bldg Building McCreary / Appartments T NIVER Marsh E U Center Day Nursery Bishop Photo Studio Greer House R Southern Pacific Boone's University House Anna Head First Church of Christ, D Railroad Station Howard Automobile The Berkeley Inn Berkeley R Berkeley High School School School Scientist Company Piano Club Old Gym and Pool McKinley Oceanview Sisterna Wallace Clark School Unit 2

SAN PABLO AVE People's WARRING ST Historic District Building Corporation Yard Bicentennial People's Park Charles Northern Bertha Brower House and Mural UNIVERSITY AVE Building Wilkinson House RAMP Bosse Cottage SACRAMENTO ST David Brower Redwood MCKINLEY AVE James Edgar Morrill Town & Gown Club House Hobart Thompson Houses Apartments Hall E.P. King Building Southern Bertha Ayers House Merton J. Kueffer House George West Berkeley Bosse Cottage Soda Works Building Morrison House Cogdon House Benjamin Ferris Edwards Macaroni Factory Jennie C. Smith House California School for House the Deaf and Blind Barker Building The Needham / Stuart House Villa Wiley House and Cottages Obata Building Smith Stone / Hunter Smith Cottage Barlett Dickman House House and Palm House PL Williams House SW C Gorman's Furniture A Building L Davis / Byrne Store Marshall-Lindblom SA ILI P Williamson Building House NG OO L I80 EAST HWY BLAKE ST Building Claremont Court Gates Berkeley Tennis St. Johns Presbyterian and Street Markers BELROSE AVE Woodworth Club Church House Niehaus House Grace Baptist Church Claremont Court Gates and Street Markers PARKER ST

SEAWALL DR

The Martin House

TELEGRAPHAVE

SAN PABLO AV Marshall Mansion Gramma's Inn TRAIL STUART ST Claremont Court Gates and Street Markers Berkeley Marshall Mansion Kawneer Manufacturing Iceland The Westenberg House Company Fay House Judah Magnes Memorial Museum DERBY ST Claremont Court Gates CUTTER WAY and Street Markers Frederick H. Dakin NINTH ST Longfellow Middle Warehouse School ASHBY AVE

Bolfing's Elmwood Hardware Hill, Anita I80 WEST HWY John Muir School Frederick and Amy Mercantile Trust Co. Jeffress House OREGON ST Corkill Hourse Standard Die & Yazdi Building Miles Cutter Specialty Company Church By The Side Laboratories Montgomery House Of The Road Strand Theater Elmwood Theater McCormack House CARLETON ST Josiah J Rose Goldsmith House San Farley House RUSSELL ST

ADELINE ST M L KING JR WAY Webb House

HALCYON CT Francisco OREGON ST TELEGRAPHAV The Hoffman Building Concrete Grid Forms The William Clephane Bay TRAIL Corner Store Company Building

SACRAMENTO ST The McDuffie Estate Hull Undertaking Complex Claremont District Public Amenities

H.S. Heinz Co. Plant Durkee Famous CLAREMONT AVE Foods Plant

BOLIVAR DR

Park Congregrational Church Carlson's Block FOLGER AVE

India Block

Wells Fargo Bank W FRONTAGE RD OaklandOakland CITY OF BERKELEY Lorin Theater ALCATRAZ AVE Planning & Development Department Map is for illustrative purposes only EmeryvilleEmeryville 2120 Milvia Street, Berkeley CA 94704 (510) 981-7400

Document Path: S:\Team-Folders\GISUsers(CDELGADO)\Projects by Department\Planning\LandUse\HistoricResources\MapFiles\COB_LM_update_20160927.mxd ATTACHMENT 5 ZAB 03-14-19 Page 17 of 69

September 10, 2018

To: City of Berkeley Department of Planning and Development Attention: Allison Riemer, Assistant Planner

Re: AUP Application at 1991 Marin Avenue (APN: 061 257400200, Permit: ZP2018-0166)

To: Allison Riemer

This letter is to register our concerns regarding the current application for the proposed “accessory dwelling unit” (ADU) at 1991 Marin Ave, Berkeley CA.

We, along with our young son, are the neighbors directly to the east of the proposed project. We first heard of this project in early August when the applicants came to our home unexpectedly for our signatures on the AUP application.

Over the course of a single week, the applicants provided several inconsistent versions of the proposed plan, both verbally and on paper. This lack of information, or misinformation, continues today as evidenced by the discrepancies between what was provided to us and what was ultimately submitted to the City as a part of their application.

Our primary concern is that our home, more specifically our bedroom, is directly next to the proposed structure. Impacts include, but are not limited to: ● The obstruction of sunlight into our bedroom from the proposed 14-foot-tall structure. We often rest in this room and work from home in this room and this will degrade the value of this room to our family. ● According to the proposed plans, there will be a living room directly across from our bedroom. Visual and audio privacy in our bedroom is extremely important to us and this will violate our privacy. ● This structure, with an entrance and front yard on Los Angeles Avenue will have dramatic impacts to the neighbors whom reside on Los Angeles Avenue and to the City from a Los Angeles Avenue infrastructure perspective while, in fact, will not impact the applicants at all as they are residents of Marin Avenue.

We told the applicants of our concerns. We were provided dismissive, non-committal responses with no follow up.

There are further complications. We purchased this home rather recently and requested that the applicants provide us with a survey of the property line so that we could best understand where the proposed structure would be located with respect to that boundary. As with all other conversations regarding this proposal, they provided different answers at different times and were dismissive with our requests to follow up saying that they would not provide a survey - indicating that this was our issue. This leads to the very important question that if they cannot identify the boundaries of their property, how will they meet the ADU building location requirements.

AUP Application at 1991 Marin Avenue (APN: 061 257400200, Permit: ZP2018-0166) Page 1 of 2 ATTACHMENT 5 ZAB 03-14-19 Page 18 of 69

Finally, it seems that with the current design of this structure and the proposed location on the property adjacent to Los Angeles Ave, this proposal should be deemed a new single-family unit and be treated accordingly from a permitting and building perspective.

Until all of these issues can be clarified and adjudicated, and all impacted parties can reach an equitable resolution, we ask the city not to approve the proposed new structure and associated permits at 1991 Marin Ave. We are willing to work with the City and all of our neighbors to reach some sort of agreement that does not negatively impact our home or the neighborhood.

Thank you in advance for your consideration.

Sincerely,

Barbara Moses and Mitch Yoffe 1992 Los Angeles Avenue, Berkeley, CA 94707

AUP Application at 1991 Marin Avenue (APN: 061 257400200, Permit: ZP2018-0166) Page 2 of 2 ATTACHMENT 5 ZAB 03-14-19 Page 19 of 69

1991 MARIN AVENUE RESPONSE TO COMMENTS ON AUP APPLICATION

1. Five Foot Setback Conforming with Abutting and Confronting Properties. As stated in the AUP application, the proposed ADU is located near the unique intersection of the streets to the Arlington Circle (refer to Attachment 1 of the application). The orientation of the houses to the street and the curvature of the street along Los Angeles Ave. cause the property lines to angle sharply from side to side. The setbacks of the four abutting and confronting properties on Los Angeles and Mendocino are less than 20 feet on at least one corner of the house (see Attachment 2 of the application). Note that the east abutting property at 1990 Los Angeles is about 6 feet from the sidewalk and the front porch and steps of 1972 Los Angeles is less than 10 feet from the sidewalk. Consistent with the other houses adjacent to this property, the orientation of our ADU results in a 29 foot setback on the west side and a 5 foot setback on the east side.

This angled orientation to Los Angeles Avenue as well as the street side elm trees and tall bottle brush along the east side of the property cause the ADU to be completely obscured in a westbound approach (see Attachment 4 of the AUP application). Conversely, the curvature of Los Angeles and the 29 foot setback on the west side obscures views as traffic or pedestrians travel up Los Angeles. As noted in the application, there are no confronting properties for the length of Los Angeles.

2. 26 Foot Road Width Requirement For ADU’s, the road width requirement is applied to the street for the main structure, which is Marin Avenue in this case. However, it should be noted that although Los Angeles is slightly less than 26 feet, the roadways in front of the ADU are quite unique. Los Angeles is a one-way street in the east direction. Mendocino is a one-way street in the west direction, separated from Los Angeles only by a narrow, “green” divider (see Attachment A to this letter). Parking is limited to one side of each street only, ensuring emergency vehicle access. There is a turnaround from Mendocino to Los Angeles just west of the property, and a fire hydrant is located in the parkway directly across the street. Emergency vehicle access as well as emergency exit routes would be available in the north and south directions, an extra measure of safety not available to most ADU’s.

3. Proximity to 1972 Los Angeles Avenue The ADU is located 5 feet from the west property line. 1972 Los Angeles is approximately 3 feet 8 inches from the property line, with their side walkway encroaching on 1991 Marin by 1 foot for its entire length. With the 29 foot setback from the street sidewalk, the ADU overlaps with the rear portion of 1972 Los Angeles, leaving approximately 20 feet of the front side of the house unobscured.

The front steps of the ADU porch end approximately 20 feet from the east wall of 1972 Los Angeles. With the angled orientation of the property, the ADU walkway moves away from that structure to over 24 feet.

4. Alternatives Considered Alternative configurations for the ADU were proposed by neighbors, considered for further development, and briefly discussed with them. These alternatives included the following: ATTACHMENT 5 ZAB 03-14-19 Page 20 of 69

a. Lower the unit into the ground: The sewer line runs down the middle of the property from the main house to the back of the property, creating a major obstacle. In addition to the sewer problem, this alternative was too expensive to be considered. b. Move the unit back: The property slopes from the main house to the back of the lot. Moving the unit back would raise the height of the unit which increases shadows, require the removal of the garage, and dramatically decrease the common outdoor area between the ADU and the main house. In addition, the ADU would be adjacent to a much great proportion of the living area of 1990 Los Angeles. The only advantage of this alternative is that 1972 Los Angeles would gain one window of unobstructed view. c. Reduce the size: A reduction in the size of the ADU would need to be 30%-50% to have an impact on the obstruction of 1972 Los Angeles. The result would be a unit of 400-500 square feet, a size that would significantly reduce our rental income. In addition, we plan on moving to the unit as our mobility decreases and the reduced size would not meet these future space requirements. d. Reconfigure the ADU to a minimum 20 foot setback from Los Angeles: This alternative requires an L- shaped unit with the main area moved back and an extension that is no less than 20 feet from the sidewalk on the west side. This alternative would raise the unit, increase its proximity to the living area for 1990 Los Angeles, and retain a 30 foot setback on the west side of the unit. This alternative provided no advantage to any party.

5. Comments from Owners of 1990 Los Angeles. Questions regarding the property line between the ADU and 1990 Los Angeles were discussed with the owners. A copy of the portion of the survey relevant to those concerns was provided, along with the name and seal of the surveyor. In addition, the survey is on the first page of the Building Plans filed with the AUP application.

Very tall bottle brush are located on the 1990 Los Angeles side of the property line. These trees are approximately 20 feet high and run from the sidewalk corner of their lot to the back of our main house. The ADU will be located behind these trees, about 6 feet from their base. Since the ADU is 14 feet high, it is unlikely that shadows from the ADU will impact the bedroom window of 1990 Los Angeles that faces the northwest direction (see Attachment B to this letter).

Concerns regarding removal of the bottle brush were also discussed. It was pointed out more than once that the bottle brush are located on the property of 1990 Los Angeles. No plans were made for their removal. Brush and trees on the 1991 Marin property were briefly discussed for removal, since some are located within the construction area. ATTACHMENT 5 ZAB 03-14-19 Page 21 of 69 ATTACHMENT 5 ZAB 03-14-19 Page 22 of 69

ATTACHMENT B: BOTTLE BRUSH NEXT TO 1990 LOS ANGELES

View of 1990 Los Angeles northwest facing View of same bottlebrush adjacent to 1990 window Los Angeles. Roof height in foreground is over 14 feet. ATTACHMENT 5 ZAB 03-14-19 Page 23 of 69 Riemer, Allison

From: Joe DiStefano Sent: Monday, September 17, 2018 10:18 PM To: Riemer, Allison Cc: Powell, Greg Subject: 1991 Marin Ave Follow Up

Hi Allison, Thanks again for taking my call last week and for listening to our concerns regarding the proposed project at 1991 Marin Ave. I was able to review the 'Incomplete' notification you sent to the applicants and was pleased to see a clear statement that the City sees this project as effectively placing a new structure on a new street. You note that "on a through lot such as this one, for the purpose of designating setback, the front yard shall apply to both frontages." Thus, the setback needs to be 20 feet.

The AUP, as you clearly point out in reference to BMC 23C.24.070, can only be approved "on the basis of substantial evidence that the Accessory Dwelling Unit would not be detrimental to the residential character of the neighborhood, would not unreasonably obstruct sunlight, air, or views, and would not introduce unreasonable privacy impacts to the immediate neighbors." This project as designed will in no way pass any component of this critical test, as further described out in our letter of objection, as well as the other letters of objection submitted by adjacent and nearby neighbors.

Again, we very much appreciate these clarifications in your letter. I do, however, have a couple additional questions

 In our phone conversation last week, you noted that you would likely request a shadow study, but I did not see that in the list of items. This is particularly important given the height difference between properties and the major impact this project will have on our (and our other neighbors) light, air, and privacy. Is there a plan to require this?  You noted that the applicants would be asked to address the serious concerns we and other close and adjacent neighbors have regarding this project. Our concerns are very much in line with BMC 23C.24.070. Is directly addressing concerns something they will need to do as part of the process or does the code effectively address these issues? As we have noted, the applicants did not consult with us or other neighbors at all prior to submitting plans, and moreover have been totally unwilling to discuss plan options with us or other neighbors. Given their lack of concern for the neighborhood and their neighbors, we feel the City needs to pay extra attention to these issues.

Again, thank you for your attention to our concerns. I'd be happy to discuss any of these issues with you. Please confirm you have received this email. I'll follow up with a call later this week.

Thanks again, Joe DiStefano, AICP Amy Buege

1972 Los Angeles Ave Berkeley, 94707

We remain deeply concerned with the project and strongly object to the proposed plans as submitted to the city.

1 ATTACHMENT 5 ZAB 03-14-19 Page 24 of 69 ATTACHMENT 5 ZAB 03-14-19 Page 25 of 69 ATTACHMENT 5 ZAB 03-14-19 Page 26 of 69 Riemer, Allison

From: Joe DiStefano Sent: Monday, October 15, 2018 3:31 PM To: Riemer, Allison; Powell, Greg Cc: Amy Buege Subject: 1991 Marin Follow Up, AUP #ZP2018-0166

Hello Allison, I wanted to briefly followup with some questions regarding the proposed project at 1991 Marin Ave. Thank you for coming out to the site a couple weeks ago along with Mr. Powell. We hope it helped you to understand the adverse impacts of the ADU project as proposed on our family, as well as others in the neighborhood.

I first need to reiterate that we are NOT resistant to an ADU being built on the applicants' property. We favor State and City policy to address the housing crisis in California and have specifically told this to our neighbors/the applicants at 1991 Marin Ave, as well as in previous correspondence to the City.

We have strong objections to the implementation of the ADU as submitted, which per the City's own description of the AUP requirement in this case, is NOT permitted 'as-of-right' as submitted (due to the 5 foot 'front' setback). There are many ways that an ADU can be situated and constructed on the site to mitigate the extreme impacts on our quality of life, property value, and privacy. The 20 foot setback, as required by the code, would serve to mitigate the majority of impacts.

While we repeatedly asked the applicants to work with us (as did other neighbors), they designed their project without consulting any neighbors and, upon hearing clear objections and concerns, submitted plans without even the slightest willingness to compromise. Thus the City, as described in BMC 23C.24.070, has the burden of approving or denying this AUP application. Per the specific code language, "The Zoning Officer must find on the basis of substantial evidence that the Accessory Dwelling Unit would not be detrimental to the residential character of the neighborhood, would not unreasonably obstruct sunlight, air, or views, and would not introduce unreasonable privacy impacts to the immediate neighbors."

We and our other neighbors have submitted written and oral objections clearly calling out adverse impacts based on all of the conditions stated in BMC 23C.24.070. We would like to understand how the City will make its determination of adverse impacts in this case, in particular given the that the applicants are not being asked to address the written impacts called out by neighbors objecting to the project as submitted.

Can you provide a methodology or a narrative that will help us understand how the City will go about making its determination? Also, in the case that this AUP were to be approved, could you provide a quick run-down of the subsequent steps for appeal? To which bodies would the appeal be directed and over what period of time? We clearly hope that it does not come to such a point, but we nonetheless are trying to better understand the process.

Again, I need to iterate that we would much prefer to work with our neighbors/the applicants and come up with a solution that meets the needs of all parties - that gets them and the City another unit and is compatible with the the neighborhood and rights of neighbors. As a family of two working parents and elementary-age children, we take no pleasure using our precious time (and yours) objecting to this project, particularly when we see that constructive dialog could have avoided the situation to begin with. We urge you to take our and our neighbors' concerns seriously and reject the AUP application for 1991 Marin Ave as submitted. Do not hesitate to reach out with any questions. I look forward to your response and will check back in with you later in the week.

1 ATTACHMENT 5 ZAB 03-14-19 Page 27 of 69 Please confirm your receipt of this email.

Thanks,

Joe DiStefano, AICP Amy Buege 1972 Los Angeles Ave [email protected] cc: Greg Powell, Principal Planner

2 ATTACHMENT 5 ZAB 03-14-19 Page 28 of 69

1991 MARIN AVENUE RESPONSE TO COMMENTS ON AUP APPLICATION 10/31/18

1. Five Foot Setback Conforming with Abutting and Confronting Properties. As stated in the AUP application, the proposed ADU is located near the unique intersection of the streets at the Arlington Circle (see Attachment A Satellite View of Project Property). The orientation of the houses to the street and the curvature of the street along Los Angeles Ave. cause the property lines to angle sharply from side to side. As a result, setbacks for homes in this area vary greatly. The four abutting and confronting properties for this project on Los Angeles and Mendocino have setbacks of less than 20 feet on at least one corner of every house (see Attachment B Setbacks of Abutting and Confronting Properties). Note that the east abutting property at 1990 Los Angeles is about 6 feet from the sidewalk. The front porch and steps of 1972 Los Angeles is less than 10 feet from the sidewalk. The steps to the front porches of the confronting properties on Mendocino end near, or at, the edge of the sidewalk. Consistent with the irregular and sometimes “less-than-standard” setbacks of the adjoining and confronting properties, the orientation of our ADU results in a 29 foot setback on the west side that angles to a 5 foot setback on the east side.

This angled orientation of the ADU away from Los Angeles and Mendocino, the curvature of the streets, and the large streetside elm trees and bottle brush almost completely obscure the ADU in a westbound approach on Mendocino (see Attachment C View of Property from Mendocino). Additionally, the curvature of Los Angeles Avenue, the 29 foot setback on the west side of the ADU, and the large presence of the house at 1972 Los Angeles obscure the ADU as traffic or pedestrians travel up Los Angeles. As a result, the ADU will only be visible from the street almost directly in front of the property. As noted in the application, there are no confronting properties for the length of Los Angeles. ATTACHMENT 5 ZAB 03-14-19 Page 29 of 69 ATTACHMENT 5 ZAB 03-14-19 Page 30 of 69

ATTACHMENT B SETBACKS FOR CONFRONTING AND ABUTTING PROPERTIES

1990 Los Angeles – Abutting property 1972 Los Angeles – Abutting property

955 Mendocino – Confronting property 959 Mendocino – Confronting property ATTACHMENT 5 ZAB 03-14-19 Page 31 of 69

ATTACHMENT C VIEW OF PROPERTY FROM MENDOCINO

Property frontage is between arrows. Setbacks are 5 feet on the east and 29 feet on the west. Bottle brush and elms will not be impacted by construction of the ADU.

ATTACHMENT 5 ZAB 03-14-19 Page 32 of 69

2. 26 Foot Road Width Requirement For most ADU’s, the road width requirement is applied to the street for the main structure, which is Marin Avenue in this case. Los Angeles is slightly less than 26 feet, but the roadways in front of the ADU are quite unique. Los Angeles is a one-way street in the east direction. Mendocino is a one-way street in the west direction, separated from Los Angeles only by a narrow, “green” divider (see Attachment D Los Angeles and Mendocino Avenues). Parking is limited to one side of each street only, ensuring emergency vehicle access. There is a turnaround from Mendocino to Los Angeles just west of the property, and a fire hydrant is located in the parkway directly across Los Angeles Street from the ADU. Emergency exit routes as well as emergency vehicle access would be available from both Los Angeles and Marin, an extra measure of safety not available to most ADU’s. ATTACHMENT 5 ZAB 03-14-19 Page 33 of 69 ATTACHMENT 5 ZAB 03-14-19 Page 34 of 69

3. Proximity to 1972 Los Angeles Avenue The ADU is located 5 feet from the west property line (required setback is 4 feet). 1972 Los Angeles is approximately 3 feet 8 inches from that property line, with their side walkway and backyard encroaching on 1991 Marin by 1 foot for their entire lengths. With the 29 foot setback from the street sidewalk, the ADU overlaps with the rear portion of 1972 Los Angeles which includes two smaller kitchen windows. Approximately 20 feet of the front side of the property, which includes two “family room” windows, would be unobscured.

The front steps of the ADU porch end approximately 20 feet from the east wall of 1972 Los Angeles. With the angled orientation of the property, the ADU walkway moves away from that structure to over 24 feet. Additionally, landscaping is planned to further obscure views of the walkway and front porch.

4. Alternatives Considered Alternative configurations for the ADU were proposed by neighbors, considered for further development, and briefly discussed with them. These alternatives included the following: a. Lower the unit into the ground: The sewer line runs down the middle of the property from the main house to the back of the property, creating a major obstacle. In addition to the sewer problem, this alternative was too expensive to be considered. b. Move the unit back: The property slopes from the main house to the back of the lot. Moving the unit back would raise the height of the unit which increases shadows, require the removal of the garage, and dramatically decrease the common outdoor area between the ADU and the main house. In addition, the ADU would be adjacent to a much great proportion of the living area of 1990 Los Angeles. The only advantage of this alternative is that 1972 Los Angeles would gain one window of unobstructed view. c. Reduce the size: A reduction in the size of the ADU would need to be 30%-50% to have any impact on the obstruction of 1972 Los Angeles. The result would be a unit of 400-500 square feet, a size that would significantly reduce our rental income. In addition, we plan on moving to the unit as our mobility decreases and the reduced size would not meet our future space requirements. d. Reconfigure the ADU to a minimum 20 foot setback from Los Angeles: This alternative requires an L-shaped unit with the main area moved back and an extension that is no less than 20 feet from the sidewalk on the west side. This alternative would raise the unit, increase its proximity to the living area for 1990 Los Angeles, and retain the 29 foot setback on the west side of the unit. This alternative provided no advantage to any party. e. Take out a larger loan. It was suggested that more investment could fund more alternatives, but the added debt payments would not be economically feasible for us. ATTACHMENT 5 ZAB 03-14-19 Page 35 of 69

5. Comments from Owners of 1990 Los Angeles. Questions regarding the property line between the ADU and 1990 Los Angeles were discussed with the owners. A copy of the portion of the survey relevant to those concerns was provided, along with the name and seal of the surveyor. In addition, the survey is on the first page of the Building Plans filed with the AUP application.

Concerns regarding removal of the bottle brush were also discussed. It was pointed out more than once that the bottle brush trees are located on the property of 1990 Los Angeles. No plans were made for their removal. Removal of brush and trees on the 1991 Marin property was briefly discussed, since some are located within the construction area.

It was also suggested that the ADU will block sunlight on the west window near the north side of 1990 Los Angeles. However, very tall bottle brush trees are located on the 1990 Los Angeles side of the property line. These trees are approximately 20 feet high and run from the north east corner of the 1991 Marin lot to the back of the main house. The ADU will be located behind these trees, about 6 feet from their base. Since the ADU is 14 feet high, it is unlikely that shadows from the ADU will impact the bedroom window of 1990 Los Angeles that faces the northwest direction (see Attachment E Bottle Brush Next to 1990 Los Angeles). ATTACHMENT 5 ZAB 03-14-19 Page 36 of 69 Riemer, Allison

From: Crane, Fatema Sent: Monday, November 26, 2018 9:54 AM To: Riemer, Allison Subject: FW: Concern about a Development Project in Northbrae

Allison, FYI only. Please be aware of this inquiry. I will respond to Buchanan and will keep you up‐to‐date. ‐Fatema

From: Landmarks Preservation Commission Sent: Tuesday, November 20, 2018 4:13 PM To: 'John Buchanan' Subject: RE: Concern about a Development Project in Northbrae

Thank you for your message. You are invited to telephone me with any questions. ______M. Fatema Crane Senior Planner/LPC Secretary City of Berkeley Planning & Development 1947 Center Street, 2nd Fl. Berkeley, CA 94704 Office Tel.: 510‐981‐7410 Direct Tel.: 510‐981‐7413

From: John Buchanan [mailto:[email protected]] Sent: Monday, November 19, 2018 3:23 PM To: Landmarks Preservation Commission Subject: Concern about a Development Project in Northbrae

I am contacting you on behalf of a group of neighbors who live in Northbrae, right on Marin Circle. A development project (an ADU - Additional Dwelling Unit) has been proposed by the owners of 1991 Marin Avenue and we are all very concerned that the design and look of the proposed ADU is not in keeping with the architectural heritage and historic nature of Northbrae and the Circle. Given that Northbrae is a Designated City of Berkeley Landmark, we are reaching to to the Landmarks Preservation Commission to see if the Commission could provide any advice about what we (us and our neighbors) might do to convince either the owners who want to build the ADU or the City that the current design of the ADU is not in keeping with the historical heritage of Northbrae and Marin Circle.

Thank you,

John Buchanan 965 Mendocino Avenue Berkeley, CA 94707

1 ATTACHMENT 5 ZAB 03-14-19 Page 37 of 69

November 19, 2018

To: City of Berkeley Department of Planning and Development ​ Attention: Greg Powell, Principal Planner and Allison Riemer, Assistant Planner ​

Re: AUP Application at 1991 Marin Avenue (APN: 061257400200, Permit: ZP2018-0166) ​ ​

From: Joe DiStefano and Amy Buege, Homeowners ​ 1972 Los Angeles Ave Berkeley, CA 94707

Greg Powell and Allison Reimer:

We are reaching out again in response to recent City<>Applicant correspondence posted to the ‘Building Eye’ site, and to provide further evidence of substantial issues with the proposed ADU at 1991 Marin Ave. We continue to appreciate your efforts in reviewing this project and considering our comments.

Our main position has not changed - while we would support the development of an ADU at 1991 Marin, the design presented is unacceptable and we feel strongly that the City must reject ​ the AUP as submitted and require the applicants to abide by the code requirement to set the unit back a minimum of 20 feet from Los Angeles Ave.

In this letter, we: A. Call out the City’s own policy on accessory structures on through lots as a means of ​ ​ informing this process. B. Provide our comments on the applicant’s answers to City questions as laid out in their ​ ​ November 1 letter of response. C. Present a detailed shadow study and 3d model of the project which can serve as ​ ​ objective analysis of the project’s adverse impacts on our family, other neighbors, and this historic neighborhood.

A. Berkeley Municipal Code Considerations We’ll start with references to the City’s Municipal code. As we have stated in previous correspondence, this project produces substantial adverse impacts to air, light, privacy, and community character, and as such does not meet the standards as set forth in BMC ​ 23C.24.070, which notes that for the City to approve this AUP application, "The Zoning Officer ​ ​ must find on the basis of substantial evidence that the Accessory Dwelling Unit would not be detrimental to the residential character of the neighborhood, would not unreasonably obstruct sunlight, air, or views, and would not introduce unreasonable privacy impacts to the immediate neighbors." Our previous letters, and those of other neighbors, clearly prove adverse impacts, and our 3D model of the project (described later in this document) provides further objective evidence of these impacts. 1 ATTACHMENT 5 ZAB 03-14-19 Page 38 of 69

We will also direct your attention to the Berkeley Municipal Code, section 23D.08.030(B), ​ ​ which lays out the rules for setbacks of accessory structures on through lots. This section is specifically designed to address the kinds of 'back-to-front' conflicts that can occur with through lots. The text of the section, found on page 129 of Sub-Title 23, reads as follows:

23D.08.030(B). No accessory building or enclosed accessory structure located on a through lot shall be erected or expanded so as to encroach upon that 25% of the lot portion that is nearest to either abutting street.

We understand that this portion of the code applies to accessory ‘structures’, of which ADUs are a variant with some specific differences. While we are not clear as to why the same through lot considerations are not re-stated in the ADU-specific portions of the code, it is clear that the City has already sought to address adverse impacts of structures on through lots - this portion of code can be seen as precedent in addressing the atypical issues prevalent on through lots.

According to 23D.08.030(B), an accessory structure would not be allowed to encroach within 25% of the Los Angeles Ave property line, which would thus require a setback of approximately ​ 37 feet on the long (western) side of the lot and 27.5 feet on the short (eastern) side. These ​ setbacks are well beyond the 20 foot standard set in the AUP, and further emphasize the extreme impact of the proposed project’s 5 foot setback within the context of this through lot situation. The City, in its own code, has sought to reduce adverse impacts with reasonable setbacks for accessory structures on through lots. ADUs should be subject to these same requirements or at a minimum, should not be allowed to encroach closer than 20 feet as called for by the City in the 1991 Marin Ave AUP submittal.

B. Our Responses to Applicant’s Comments on City Questions We have reviewed the applicant’s responses to City questions (in the letter from applicants dated October 31, 2018) and have outlined our own comments on their responses. The applicant’s comments, and those of their architects, in many cases do not accurately reflect their plan or property, their process to engage with neighbors, or their assessments of impacts on us, other neighbors, or the neighborhood.

To make it easier to read our responses, we have included relevant City Questions in BLACK TEXT, 1991 Marin Applicant Responses in BLUE TEXT, and our responses in RED ITALIC ​ ​ ​ TEXT. We have also consulted with our neighbors at 1992 Los Angeles Avenue and 965 ​ Mendocino Avenue, to ensure that our comments do not conflict with any of their perspectives or concerns.

City Question #3. Elevations: Please revise the elevation drawings to depict the average ​ height of the new ADU. Per BMC Section 23F.04.010, the average height of a building, is defined as “the vertical distance from the average level of the highest and lowest point of that

2 ATTACHMENT 5 ZAB 03-14-19 Page 39 of 69

portion of the lot covered by the building to the height of the roof ridge” (for a shed roof). The height depicted was not to the top of the shed roof.

Please show the maximum height on all elevations. Per BMC Section 23F.04.010 maximum height is from finished grade.

Applicant Response: The average height of 13’-11” from the average level of the highest to lowest point of that portion of the lot covered by the building to the top of the shed roof has been depicted on 2/A3.0. The maximum height on all elevations has been shown on A3.0.

- Distefano-Buege/1972 Los Angeles Response: While the average height of the proposed ADU may be accurate from the perspective of the applicant’s parcel, slope and height variation between parcels in this hillside zone (Zone R1-H) have not been considered. The 1991 Marin Ave parcel is substantially higher in elevation than 1972 Los Angeles Ave and thus the effective height of the proposed ADU from the perspective of 1972 Los Angeles is much higher than 13’11”. Rough estimates are that the site is at least 2 feet higher than the 1972 Los Angeles Ave parcel. The roof of the proposed ADU extends above the second floor windows of 1972 Los Angeles, blocking light and air to at least 5 windows, heavily impacting privacy and well being, and placing an imposing wall and roof less than 8 feet from the most public and frequently used rooms in 1972 Los Angeles Ave (kitchen, dining area, master bedroom, and master bath). We built a 3D model of the project (see next section), which clearly depict the adverse impacts of the proposed project.

Applicant’s section from 10/31 letter re: impacts on neighboring parcels.

Applicant #1: Conforming with Abutting and Confronting Properties. As stated in the AUP application, the proposed ADU is located near the unique intersection of the streets at the Arlington Circle (see Attachment A Satellite View of Project Property). The orientation of the houses to the street and the curvature of the street along Los Angeles Ave. cause the property lines to angle sharply from side to side. As a result, setbacks for homes in this area vary greatly. The four abutting and confronting properties for this project on Los Angeles and Mendocino have setbacks of less than 20 feet on at least one corner of every house (see Attachment B Setbacks of Abutting and Confronting Properties). Note that the east abutting property at 1990 Los Angeles is about 6 feet from the sidewalk. The front porch and steps of 1972 Los Angeles is less than 10 feet from the sidewalk. The steps to the front porches of the confronting properties on Mendocino end near, or at, the edge of the sidewalk. Consistent with the irregular and sometimes “less-than-standard” setbacks of the adjoining and confronting properties, the orientation of our ADU results in a 29 foot setback on the west side that angles to a 5 foot setback on the east side.

3 ATTACHMENT 5 ZAB 03-14-19 Page 40 of 69

This angled orientation of the ADU away from Los Angeles and Mendocino, the curvature of the streets, and the large streetside elm trees and bottle brush almost completely obscure the ADU in a westbound approach on Mendocino (see Attachment C View of Property from Mendocino). Additionally, the curvature of Los Angeles Avenue, the 29 foot setback on the west side of the ADU, and the large presence of the house at 1972 Los Angeles obscure the ADU as traffic or pedestrians travel up Los Angeles. As a result, the ADU will only be visible from the street almost directly in front of the property. As noted in the application, there are no confronting properties for the length of Los Angeles.

- Distefano-Buege/1972 Los Angeles Response: While it is true that setbacks in this historic neighborhood vary, they are in no way consistent with the applicant’s proposed design. At its closest point, our home, constructed in 1911 when no other homes were nearby, is 18 feet from the sidewalk, not 10 feet as might be assumed from the applicant’s comments (only our front steps and patio are closer than 18 feet). As to the smaller setbacks at 1992 Los Angeles (note that the applicants incorrectly refer to 1990 Los Angeles throughout their letter, which is incorrect), that is a corner lot, which in almost all cases has one shorter setback and one deeper setback to accommodate for corner orientation. The 5 foot setback being requested is not in character and even more critically, leads to severe ​ ​ adverse impacts on our family at 1972 Los Angeles, as clearly illustrated in the 3D site model in the following section.

Applicant #2. 26 Foot Road Width Requirement For most ADU’s, the road width requirement is applied to the street for the main structure, which is Marin Avenue in this case. Los Angeles is slightly less than 26 feet, but the roadways in front of the ADU are quite unique. Los Angeles is a one-way street in the east direction. Mendocino is a one-way street in the west direction, separated from Los Angeles only by a narrow, “green” divider (see Attachment D Los Angeles and Mendocino Avenues). Parking is limited to one side of each street only, ensuring emergency vehicle access. There is a turnaround from Mendocino to Los Angeles just west of the property, and a fire hydrant is located in the parkway directly across Los Angeles Street from the ADU. Emergency exit routes as well as emergency vehicle access would be available from both Los Angeles and Marin, an extra measure of safety not available to most ADU’s.

- Distefano-Buege/1972 Los Angeles Response: We would like to better understand this waiver, as the applicant’s argument that the roadways are ‘unique’ does not and should not be seen as addressing fire safety issues for streets less than 26 feet. Given the state of fires in California today and into the future (I write this as the Camp Fire burns to our north), this is a situation that should be taken very seriously.

Applicant #3. Proximity to 1972 Los Angeles Avenue The ADU is located 5 feet from the west property line (required setback is 4 feet). 1972 Los Angeles is approximately 3 feet 8 inches from that property line, with their side walkway and backyard encroaching on 1991 Marin by 1 foot for their entire lengths. With the 29 foot setback

4 ATTACHMENT 5 ZAB 03-14-19 Page 41 of 69

from the street sidewalk, the ADU overlaps with the rear portion of 1972 Los Angeles which includes two smaller kitchen windows. Approximately 20 feet of the front side of the property, which includes two “family room” windows, would be unobscured.

The front steps of the ADU porch end approximately 20 feet from the east wall of 1972 Los Angeles. With the angled orientation of the property, the ADU walkway moves away from that structure to over 24 feet. Additionally, landscaping is planned to further obscure views of the walkway and front porch.

- Distefano-Buege/1972 Los Angeles Response: As clearly illustrated in the 3D site study presented in the following section, the proposed ADU impacts far more than two small kitchen windows, as the applicants claim. It completely obscures/blocks 4 windows/glass doors, including 2 substantial windows in the kitchen (3 feet x 3 feet, they are not small), as well as a glass side door and transom window above the door - all ​ ​ ​ ​ which provide substantial light into the most occupied portions of our home. Moreover, it has a ​ ​ major impact on two additional large first floor windows in our kitchen and dining area. According to the shadow study in the next section, it fully or partially shades all of these first floor windows every morning for the entire year - we spend every morning of virtually every day in this part of our house - the impact of this project as designed on our lives could not be more substantial.

The project also partially obscures our second floor windows due the height of the unit and the higher elevation of the 1991 Marin parcel in this hillside zone. And with the proposed removal of the fence on the property line (which came as a surprise to us in their most recent submittal as it was never discussed with us), the project now also impacts two substantial basement windows. There has also been no discussion of security given the removal of the fence, or plans to address the safety of our side walkway. The fence has a handrail attached to it and it is often used by our elderly parents when they visit as that door leads to the room where they stay. Concerning the entrance/stairway to the proposed ADU, it will have significant direct impact given that the ADU residents and guests will be moving in and out directly in front of the very large window in our dining area. While landscaping could potentially mitigate this impact, the impact will still be significant, and the maintenance and condition of landscaping cannot be guaranteed.

Applicant #4. Alternatives Considered Alternative configurations for the ADU were proposed by neighbors, considered for further development, and briefly discussed with them. These alternatives included the following:

- Distefano-Buege/1972 Los Angeles Response: It must be emphasized that there was no discussion of this project with any of the impacted neighbors prior to the signature-gathering phase of the AUP. There was no active consideration of alternatives and no willingness to compromise to address concerns raised by neighbors.

5 ATTACHMENT 5 ZAB 03-14-19 Page 42 of 69

Applicant #4a. Lower the unit into the ground: The sewer line runs down the middle of the property from the main house to the back of the property, creating a major obstacle. In addition to the sewer problem, this alternative was too expensive to be considered.

- Distefano-Buege/1972 Los Angeles Response: Moving sewer lines is common in construction. We moved ours during substantial seismic work. Moreover, with the major excavation that would need to be done to construct this ADU, it would not appear to be a major cost obstacle or consideration.

Applicant #4b. Move the unit back: The property slopes from the main house to the back of the lot. Moving the unit back would raise the height of the unit which increases shadows, require the removal of the garage, and dramatically decrease the common outdoor area between the ADU and the main house. In addition, the ADU would be adjacent to a much great proportion of the living area of 1990 Los Angeles. The only advantage of this alternative is that 1972 Los Angeles would gain one window of unobstructed view.

- Distefano-Buege/1972 Los Angeles Response: The height of the unit is already very high due to its placement on the parcel. Moving it back would have negligible, if any, impact on the height, as the lot levels out from the point where they locate the unit. The outdoor areas on the parcel would still be substantial if the unit were moved back - they would just be in the back of the parcel instead of in between the home and the ADU. The unit should be moved back to comply with the setback requirements, which are in place to address the very adverse impacts that this project imposes on its neighbors. The removal of the garage, which is in a state of decay (they just painted it last week to make it look better), and the movement of this project back on the lot, is a totally reasonable compromise. It vastly mitigates impact. The applicants get their unit and the sun, light, and privacy impacts are shared among the applicants and the neighbors instead of placed 100% on neighbors. The applicants note that the only advantage of moving the unit back is that we get one more window of unobstructed view. That is simply not true. It would remove obstructions from more than one ​ ​ window on the first floor, would pull the roof and obstructions away from our second floor windows, and prevent a 14-17 foot wall from being less than 8 feet from the most commonly used parts of our house. We told this to the applicants directly.

Applicant #4c. Reduce the size: A reduction in the size of the ADU would need to be 30%-50% to have any impact on the obstruction of 1972 Los Angeles. The result would be a unit of 400-500 square feet, a size that would significantly reduce our rental income. In addition, we plan on moving to the unit as our mobility decreases and the reduced size would not meet our future space requirements.

- Distefano-Buege/1972 Los Angeles Response: We did not suggest reducing the size to the applicants. We suggested they move it back on the lot, as the City requires. We also suggested they consider other options and discuss them with us, which did not happen.

6 ATTACHMENT 5 ZAB 03-14-19 Page 43 of 69

Applicant #4d. Reconfigure the ADU to a minimum 20 foot setback from Los Angeles: This alternative requires an L-shaped unit with the main area moved back and an extension that is no lesson than 20 feet from the sidewalk on the west side. This alternative would raise the unit, increase its proximity to the living area for 1990 Los Angeles, and retain the 29 foot setback on the west side of the unit. This alternative provided no advantage to any party.

- Distefano-Buege/1972 Los Angeles Response: We take issue with the inaccurate/misleading assessment that abiding by the 20 foot setback requires an L-shape and ‘provided no advantage to any party.’ On the contrary, a simpler move of the unit back on the lot is more economical and favored by EVERY affected party (1972 and 1992 Los Angeles, 965 Mendocino, as well as other neighbors we have contacted).

There are other ways to build this unit on the site with the required 20 foot setback, most notably by removing the garage and moving the unit back. We would be happy to work with the applicants on other options, but they have been unwilling to consider alternatives or work with us. As noted above, other configurations would have negligible impacts on height given the unit is already placed very high on the lot.

Applicant #4e. Take out a larger loan. It was suggested that more investment could fund more alternatives, but the added debt payments would not be economically feasible for us.

- Distefano-Buege/1972 Los Angeles Response: We never suggested they should take out a larger loan and are taken aback that they state this as a proposed alternative. Additionally, this financial argument is irrelevant given the situation. This would not be an issue if the applicants had worked with us and other neighbors prior to submitting, per City guidelines for projects like this. Moreover, given the extreme adverse impacts of the proposed plan, it is unreasonable for the applicants to refuse additional effort to come up with a better plan that reduces impact.

C. 3D Site and Shadow Impacts Study We created a 3D study and model for the project in order to understand the proposed ADU at 1991 Marin and to objectively measure the impacts of the project. We used detailed CAD files of our home and parcel, which were part of a submittal to the City for a 2015 interior remodel, as well as the plans submitted by the applicants. We have modeled the project and the site to the best of our ability and accuracy, consulting with experienced architects and site designers throughout the modeling process (I am also a certified Urban Planner with 22 years of professional experience).

The model clearly demonstrates the adverse impact on our property and family. Specifically, it demonstrates that: ● sunlight, air, and views are substantially and adversely impacted. ● privacy and well-being is substantially and adversely impacted.

7 ATTACHMENT 5 ZAB 03-14-19 Page 44 of 69

● the proposed project, and in particular its placement outside of legal setbacks, is detrimental to the character of the neighborhood and imposes unreasonable impacts on adjacent properties and neighbors.

The attached exhibits provide objective evidence of adverse impacts. They express in no ​ ​ uncertain terms that, in accordance with the directive of BMC 23C.24.070, the project cannot be ​ ​ shown that it would not be “detrimental to the residential character of the neighborhood, would not unreasonably obstruct sunlight, air, or views, and would not introduce unreasonable privacy impacts to the immediate neighbors.”

Page A-00: Plan View Orientation This diagram provides an overview of proposed project and its relationship to adjacent parcels. Note tha 5 foot setback of the proposed project, as well as the 18 foot setback of 1972 Los Angeles Ave, which was constructed in 1911 during the time the Marin Fountain was built.

Page A-01: 3D Site Orientation This diagram presents a three dimensional (3D) view of the proposed ADU on the 1991 Marin Ave through lot, from Los Angeles Ave. Per the proposed plan, the new unit is set back 5 feet from the Los Angeles Ave. property line. The unit rises in height from just under 12’ at Los Angeles Ave, to just under 14’ on its other end.

This exhibit clearly depicts the six windows (5 windows and 1 glass door) on the first floor of ​ ​ 1972 Los Angeles Ave, and the two second floor windows. There are also two basement windows at the location of the pointer.

Page A-02: Shadow Study This exhibit presents shadow and light impacts of the proposed unit on the family in 1972 Los Angeles. December 20, March 20, June 20, and September 20 are modeled to express variation across the year. 8:00 am is chosen as the time of day because our family is present in the kitchen and dining area along the impacted side of the house virtually every day of the year.

There is significant impact to air, light, and privacy the entire year, ranging from complete obstruction of light to substantial impact even at the best of times of year. Per the exhibit, impacts are as follows:

● December 20, 8am: All six 1st floor windows in complete shadow. Two basement windows in complete shadow. ● March 20, 8am: Five 1st floor windows in complete shadow, one in partial shadow. One basement window in complete shadow. ● June 20, 8am: Four 1st floor windows in complete shadow. ● September 20, 8am: Five 1st floor windows in complete shadow, one in partial shadow. One basement window in complete shadow.

8 ATTACHMENT 5 ZAB 03-14-19 Page 45 of 69

Page A-03: 1st Floor Interior Views This exhibit presents views from inside the impacted first floor areas of 1972 Los Angeles, including the kitchen, kitchen bar area, and built-in dining nook. This is the portion of the house where the family spends most of its waking hours - every morning for breakfast and getting ready for the day, every evening for cooking and dinner. We also spend time with guests in these areas. A major remodel in 2015 further enhanced this area of the house as the major focal point of activity for our family. The proposed project has outsize impact on this part of our house.

The position and mass of the new unit at 1991 Marin Ave, which is exacerbated by the site elevation differences in this R1-H zone, is substantial and adverse. The negative impact on our lives and property value cannot be overestimated. This unit, as proposed, would incur an unreasonable life-changing and incredibly negative and stressful impact on family. These exhibits demonstrate the significant impact to air, light, and privacy. Per the exhibit, impacts are as follows:

● Upper Left: The view from the kitchen bar towards the wall of the new unit illustrates the complete obstruction for the right two windows and major view impacts from other windows. Privacy impacts from three ADU windows (not shown in diagram but that can be seen in proposed plans) are also likely substantial in that these windows (one in each ADU bedroom and one in the ADU bathroom) are sizeable (dimensions are not shown in plans but are estimated to be 6’x2’, 2’x3’, and 2’x6’), will be only 8 feet from our home, and will look directly into our kitchen windows.. The imposing 14’ wall (made even higher by elevation differences) just outside our windows presents an extreme and unreasonable adverse impact. ● Upper Right: The closer-in view from our kitchen counter area highlights the total obstruction of the view out of the main kitchen windows. All we see is a solid wall about 8 feet from where we stand in our kitchen every day. ● Lower Left: The view from the eat-in dining and activity area is heavily impacted as well, with major privacy impacts and the potential for many unwanted interactions with residents and guests of the new unit. Landscaping could mitigate some of this, but we cannot count on well designed and maintained landscaping to account for this impact. ● Lower Right: View from back family room / guest room of glass door and transom window. This is a complete obstruction, with a view of a solid wall and full or partial elimination of light for large portions of the day throughout the year.

Page A-04: 2nd Floor Interior Views This exhibit presents views from inside the 2nd floor master bedroom and bath, which have direct views of the new unit and its high roofline. The master bath window looks directly out at the roof of the new unit, which rises to the level of our second floor windows due to site elevation changes. Our main bedroom windows also look out at the walls and roof of the new unit, a substantial impact of views and well being. Per the exhibit, impacts are as follows:

9 ATTACHMENT 5 ZAB 03-14-19 Page 46 of 69

● Upper Left: The view from the master bedroom windows to the roof and walls of new unit. This view impact would be eliminated if the unit were placed per the required 20’ setback. ● Upper Right: Direct view from master bathroom to roof and walls of new unit.

Page A-05: Exterior Studies The exhibits on this page illustrate some concerns we have around the exterior of the proposed unit at 1991 Marin Ave. They express the outsize adverse impact on sunlight, air, views, and privacy resulting from the placement of the new unit in violation of the 20’ setback requirement set by the City.

● Upper Left: This exhibit conveys the narrow, ~8’ spacing between the new unit and 1972 Los Angeles Ave. Combined with height, site elevation changes, and placement inside of the allowable 20’ setback, this tight spacing has major impacts on privacy, air and light, and property values. ● Upper Right: View of new unit’s height and placement 15’ inside of the allowable 20’ setback. Impact is extreme at lower story of 1972 Los Angeles and also substantially impacts 2nd floor views. ● Lower Left and Right: Per the applicant’s plan, the new unit is only 3’ 9” from the existing (and decaying) garage, which the applicants claim they want to preserve in case they want to rebuild it at a future date (and a primary reason they state for not being able to move the unit back further on the lot). Based on the plan (in lower right), expansive floor-to-ceiling doors are placed just opposite the garage, creating a major obstruction of this substantial (and expensive) feature of the new unit. Based on this design, it is highly unlikely that the applicants will leave the garage as-is for very long.. The new unit should be set back on the site to 20’ as required by Berkeley code.

10 ATTACHMENT 5 ZAB 03-14-19 Page 47 of 69

1991 Marin Ave 1987 Marin Ave

1992 Los Angeles Ave

Existing Garage

Proposed Unit at 1991 Marin Ave

1972 Los Angeles Ave

5’ setback per plan

18’ setback from sidewalk Los Angeles Ave

Plan view of proposed ADU on 1991 Marin Ave through-lot, from Los Angeles Ave. Per 1991 Marin Ave plan, the new unit is set back 5 feet from the Los Angeles Ave. property line. The unit rises in height from just under 12’ at Los Angeles Ave, to just under 14’ on its other end.

November 19, 2018 1991 Marin Ave Shadow 3D Model and Shadow Study Plan View Orientation A 00 ATTACHMENT 5 ZAB 03-14-19 Page 48 of 69

Marin Ave

Glass door and transom window

1972 Los Angeles Ave 13”11” Height

Proposed Unit at 1991 Marin Ave

11’11” Height

Porch and Stairs (not detailed)

5’ Setback per plan

Basement windows here

Los Angeles Ave

View of proposed ADU on 1991 Marin Ave through-lot, from Los Angeles Ave. Per 1991 Marin Ave plan, the new unit is set back 5 feet from the Los Angeles Ave. property line. The unit rises in height from just under 12’ at Los Angeles Ave, to just under 14’ on its other end.

Note the six windows on the first floor of 1972 Los Angeles Ave, and the two second floor windows. There are also two basement windows at the location of the pointer.

November 19, 2018 1991 Marin Ave Shadow 3D Model and Shadow Study 3D Site Orientation A 01 ATTACHMENT 5 ZAB 03-14-19 Page 49 of 69

December 20 @ 8am. All six 1st floor windows in complete shadow. 2 Basement windows in complete shadow. March 20 @ 8am. Five 1st floor windows in complete shadow, one in partial shadow. 1 Basement window in complete shadow.

June 20 @ 8am. Four 1st floor windows in complete shadow. September 20 @ 8am. Five 1st floor windows in complete shadow, one in partial shadow. 1 Basement window in complete shadow.

November 19, 2018 1991 Marin Ave Shadow 3D Model and Shadow Study Shadow Studies A 02 ATTACHMENT 5 ZAB 03-14-19 Page 50 of 69

Complete Complete Complete Complete Obstruction Obstruction Partial Obstruction Obstruction Obstruction

View from kitchen bar counter towards the wall of the new unit. Complete obstruction for right two windows, View from the kitchen counter looking at wall of new unit. Complete obstruction. major view impacts from other windows. Privacy impacts from facing windows.

Complete Obstruction

View of porch, stairway View wall of entry, and new unit. porch of new unit.

Complete Obstruction

View from eat-in dining and activity (i.e. kids homework, etc) area. Note that the porch is not fully modeled. View from glass door and transom window. Complete obstruction and full or partial elimination of light for large Major privacy and welfare impacts related to this view and incursion into daily lives of 1972 Los Angeles portions of the day throughout the year. residents. November 19, 2018 1991 Marin Ave Shadow 3D Model and Shadow Study 1st Floor Interior Views A 03 ATTACHMENT 5 ZAB 03-14-19 Page 51 of 69

View of Roof of New Unit

View of Roof of New Unit Complete Obstruction

View from master bedroom to roof and walls of new unit. This view impact would be eliminated if the unit were Direct view from master bathroom to roof and walls of new unit. placed per the required 20’ setback.

November 19, 2018 1991 Marin Ave Shadow 3D Model and Shadow Study 2nd Floor Interior Views A 04 ATTACHMENT 5 ZAB 03-14-19 Page 52 of 69

Narrow, ~8’ spacing between homes, combined with height, site elevation changes, and placement inside of the View of new unit’s height and placement 15’ inside of the allowable 20’ setback. Impact is extreme at lower allowable 20’ setback impacts privacy, air and light, and property values. story of 1972 Los Angeles and also substantially impacts 2nd floor views.

Per plan, the unit is only 3’ 9” from the existing (and decaying) garage, which the applicants claim they want to preserve in case they want to rebuild it later. Based on the plan (see above), expansive floor-to-ceiling doors are placed just behind the garage, creating a major obstruction of this substantial (and expensive) feature of the new unit. Based on this design, it is highly likely that the applicants will eventually take down the garage instead of rebuilding it. The new unit should be set back on the site to 20’ as required by Berkeley code. November 19, 2018 1991 Marin Ave Shadow 3D Model and Shadow Study Exterior Studies A 05 ATTACHMENT 5 ZAB 03-14-19 Page 53 of 69

Mr. Greg Powell, Principal Planner Ms. Allison Reimer, Assistant Planner City of Berkeley Department of Planning and Development 1947 Center Street Berkeley, CA 94704

Re: AUP Proposal and AUP Application at 1991 Marin Avenue (APN:061 257400200, Permit: ZP2018-0166)

Greg and Allison -

This is follow-up letter to the recent letter and attachments submitted by the owners of 1991 Marin Avenue in connection with their proposed ADU.

Before we get into the main point of the letter (which provides our perspective on the responses of the owners of 1991 Marin Avenue to the issues/questions raised by the City), we want to ensure you that we are not attempting to stop the ADU project altogether. We are just asking that the owners of 1991 Marin Avenue (and the City) fully consider the concerns and comments of the neighbors and work with us to come to a compromise. To date, the owners of 1991 Marin Avenue have been completely unwilling to make any changes to their project.

In addition, from our reading of the code and the AUP requirements for this project, the City requires a 20-foot setback for this ADU because it is on a through lot. The owners of 1991 Marin Avenue are requesting that the setback be reduced to 5 feet (hence the AUP). This setback change is what creates the outsized impact of the project as designed and the issue that we are most concerned about. For the owners of 1972 and 1992 Los Angeles Avenue, the ADU as proposed poses significant (and we believe unthinkable) damage to the light entering their homes and to their privacy. For us, we are extremely concerned that having a unit placed so close to the sidewalk (especially one that is not at all keeping with the architecture of the surrounding structures) will have a significant impact on the architectural heritage of our historic neighborhood. We are also very concerned about the valuation of our property. We plan to consult experts about property valuation and this kind of structure placed as designed to help us determine if it will have a financial impact on our property and neighboring properties. We strongly urge the City to deny the AUP.

As our neighbors at 1972 Los Angeles Avenue (Joe DiStefano and Amy Buege) did in their letter to you of November 19, 2018, we have included 1991 Marin Avenue Applicant Responses in BLUE TEXT, and our responses in RED ITALIC TEXT. We, too, consulted with our neighbors at 1972 and1992 Los Angeles Avenue to ensure that our comments do not conflict with any of their perspectives or concerns.

1 ATTACHMENT 5 ZAB 03-14-19 Page 54 of 69

Applicant’s section from 10/31 letter re: impacts on neighboring parcels.

Applicant #1: Conforming with Abutting and Confronting Properties. As stated in the AUP application, the proposed ADU is located near the unique intersection of the streets at the Arlington Circle (see Attachment A Satellite View of Project Property). The orientation of the houses to the street and the curvature of the street along Los Angeles Ave. cause the property lines to angle sharply from side to side. As a result, setbacks for homes in this area vary greatly. The four abutting and confronting properties for this project on Los Angeles and Mendocino have setbacks of less than 20 feet on at least one corner of every house (see Attachment B Setbacks of Abutting and Confronting Properties). Note that the east abutting property at 1990 Los Angeles is about 6 feet from the sidewalk. The front porch and steps of 1972 Los Angeles is less than 10 feet from the sidewalk. The steps to the front porches of the confronting properties on Mendocino end near, or at, the edge of the sidewalk. Consistent with the irregular and sometimes “less-than-standard” setbacks of the adjoining and confronting properties, the orientation of our ADU results in a 29 foot setback on the west side that angles to a 5 foot setback on the east side.

This angled orientation of the ADU away from Los Angeles and Mendocino, the curvature of the streets, and the large streetside elm trees and bottle brush almost completely obscure the ADU in a westbound approach on Mendocino (see Attachment C View of Property from Mendocino). Additionally, the curvature of Los Angeles Avenue, the 29 foot setback on the west side of the ADU, and the large presence of the house at 1972 Los Angeles obscure the ADU as traffic or pedestrians travel up Los Angeles. As a result, the ADU will only be visible from the street almost directly in front of the property. As noted in the application, there are no confronting properties for the length of Los Angeles.

Applicant #2. 26 Foot Road Width Requirement For most ADU’s, the road width requirement is applied to the street for the main structure, which is Marin Avenue in this case. Los Angeles is slightly less than 26 feet, but the roadways in front of the ADU are quite unique. Los Angeles is a one-way street in the east direction. Mendocino is a one-way street in the west direction, separated from Los Angeles only by a narrow, “green” divider (see Attachment D Los Angeles and Mendocino Avenues). Parking is limited to one side of each street only, ensuring emergency vehicle access. There is a turnaround from Mendocino to Los Angeles just west of the property, and a fire hydrant is located in the parkway directly across Los Angeles Street from the ADU. Emergency exit routes as well as emergency vehicle access would be available from both Los Angeles and Marin, an extra measure of safety not available to most ADU’s.

2 ATTACHMENT 5 ZAB 03-14-19 Page 55 of 69

- Buchanan-Hamilton/965 Mendocino Avenue Response: We would like to see a waiver from the Berkeley Fire Department about this issue. We live directly across the street from the proposed ADU and we are very aware of the traffic patterns and how bogged down Los Angeles can get at times. We do not believe that the owners of 1991 Marin Avenue should be able to use the fact the “roadways in front of the ADU are quite unique” as a way to circumvent the proper procedures and the basic rules and codes of ADUs.

Applicant #3. Proximity to 1972 Los Angeles Avenue The ADU is located 5 feet from the west property line (required setback is 4 feet). 1972 Los Angeles is approximately 3 feet 8 inches from that property line, with their side walkway and backyard encroaching on 1991 Marin by 1 foot for their entire lengths. With the 29 foot setback from the street sidewalk, the ADU overlaps with the rear portion of 1972 Los Angeles which includes two smaller kitchen windows. Approximately 20 feet of the front side of the property, which includes two “family room” windows, would be unobscured.

The front steps of the ADU porch end approximately 20 feet from the east wall of 1972 Los Angeles. With the angled orientation of the property, the ADU walkway moves away from that structure to over 24 feet. Additionally, landscaping is planned to further obscure views of the walkway and front porch.

Applicant #4. Alternatives Considered Alternative configurations for the ADU were proposed by neighbors, considered for further development, and briefly discussed with them. These alternatives included the following:

- Buchanan-Hamilton/965 Mendocino Avenue Response: There was NO mention of this project to the neighbors before the signature gathering phase. The first we heard of it was when Mike asked us to sign off and we had lots of questions and asked him to come back - which he never did. There was NO discussion of any of the alternatives. The owners of 1991 Marin Avenue are not being truthful.

Applicant #4a. Lower the unit into the ground: The sewer line runs down the middle of the property from the main house to the back of the property, creating a major obstacle. In addition to the sewer problem, this alternative was too expensive to be considered.

Buchanan-Hamilton/965 Mendocino Avenue Response:: Replacing the sewer line is typical in these kinds of construction projects. If the owners of 1991 Marin Avenue think it’s too expensive to replace the sewer, maybe the whole project is out of their financial scope.

3 ATTACHMENT 5 ZAB 03-14-19 Page 56 of 69

Applicant #4b. Move the unit back: The property slopes from the main house to the back of the lot. Moving the unit back would raise the height of the unit which increases shadows, require the removal of the garage, and dramatically decrease the common outdoor area between the ADU and the main house. In addition, the ADU would be adjacent to a much great proportion of the living area of 1990 Los Angeles. The only advantage of this alternative is that 1972 Los Angeles would gain one window of unobstructed view.

- Buchanan-Hamilton/965 Mendocino Avenue Response: In addition to the extreme light and privacy impact the location of the proposed project will have on our neighbors at 1972 and 1992 Los Angeles Avenue (NOTE: in the response from the owners of 1991 Marin Avenue, they don’t even have the address of the neighbors at 1992 Los Angeles correct), the design of the ADU is completely out of character with the rest of the architecture in the neighborhood. We strongly believe the historic nature of Northbrae should be kept intact - and allowing a contemporary, commercial-looking structure to sit just steps away from the street will have a dramatic impact on that historic heritage. In addition, the location of the proposed ADU is directly off Marin Circle, one of the most important historical markers in the City. By moving the unit closer to the main house (as has been suggested), it will not be visible from Los Angeles (at least it will be somewhat hidden) and so the visual impact will be minimized and the privacy and light issues that will affect 1972 and 1992 Los Angeles Avenue will also be minimized.

Applicant #4c. Reduce the size: A reduction in the size of the ADU would need to be 30%-50% to have any impact on the obstruction of 1972 Los Angeles. The result would be a unit of 400- 500 square feet, a size that would significantly reduce our rental income. In addition, we plan on moving to the unit as our mobility decreases and the reduced size would not meet our future space requirements.

- Buchanan-Hamilton/965 Mendocino Response: We don’t know who suggested this - and never heard anyone suggest they should make the ADU smaller. This sounds like another situation in which the owners of 1991 Marin Avenue are not being truthful.

Also, if future mobility is an issue, we would like to know if they have adequately investigated what they might do in the existing house to make it work for them. It would likely be much cheaper than building an ADU. We believe that the main reason they want to build an ADU is to access rental income. The mobility issue is another red herring.

Applicant #4d. Reconfigure the ADU to a minimum 20 foot setback from Los Angeles: This alternative requires an L-shaped unit with the main area moved back and an extension that is no lesson than 20 feet from the sidewalk on the west side. This alternative would raise the unit,

4 ATTACHMENT 5 ZAB 03-14-19 Page 57 of 69 increase its proximity to the living area for 1990 Los Angeles, and retain the 29 foot setback on the west side of the unit. This alternative provided no advantage to any party.

- Buchanan-Hamilton/965 Mendocino Response We would be happy to help think the project through and to come up with some alternatives that would work for everyone. Our experience with the owners has not been positive and they have been resistant to discussing any changes to the project. Bill was a residential developer for many years and has significant experience designing and building residential units - especially on unique lots.

Applicant #4e. Take out a larger loan. It was suggested that more investment could fund more alternatives, but the added debt payments would not be economically feasible for us.

- Buchanan-Hamilton/965 Mendocino Response Who suggested this? We did not. We all have constraints on cash flow and money we can invest. We don’t believe any of the neighbors suggested this. Also, given that Bill was a real estate developer (both residential and commercial) for more than 30 years, some of his input might make the project more economically sensible for them. We are not against the project - just the manner in which it is being approached and the many issues that the current design and location impose on the neighbors and neighborhood.

5 ATTACHMENT 5 ZAB 03-14-19 Page 58 of 69

November 27, 2018

City of Berkeley Department of Planning and Development Attention: Allison Riemer, Assistant Planner

Re: Project and AUP Application at 1991 Marin Avenue (APN: 061257400200, Permit ZP2018-0166)

Ms. Riemer:

We write to state our objection to the application for the new accessory dwelling unit at 1991 Marin Avenue.

We live at 952 Arlington Avenue. Our property extends between Arlington and Mendocino Avenues; the subject property is directly across the intersection of Mendocino and Los Angeles Avenues from ours.

We are concerned that the proposed plan locates the building only five feet from the Los Angeles property line on a street where the rest of the houses are typically set 20 feet back. The new building would be out of character with the rest street.

We urge the City to withhold approval of the current proposal until a more thorough review of the impact it would have upon its immediate neighbors and the neighborhood in general is conducted.

Thank you.

Christina Michas and Jimmy Wallenstein

ATTACHMENT 5 ZAB 03-14-19 Page 59 of 69

November 29, 2018

To: City of Berkeley Department of Planning and Development Attention: Greg Powell, Principal Planner and Allison Riemer, Assistant Planner

Re: AUP Application at 1991 Marin Avenue (APN: 061 257400200, Permit: ZP2018-0166)

To: Greg Powell and Allison Riemer

Thank you for your time reading this letter.

First, we would like to note that the owners of 1991 Marin Ave are incorrectly identifying the street number of the neighboring property in some of their documents. The property immediately to the east of 1991 Marin (our property) is 1992 Los Angeles Ave, not 1990 Los Angeles Ave.

The main purpose of this letter is to respond to information provided by the owners of 1991 Marin Ave in the document dated October 31, 2018, received by the City of Berkeley on November 1, 2018.

1. Property Line

When Michael came to our house to first tell us about the proposed ADU, we asked how close the proposed ADU would be to our bedroom (the closest portion of our house to the proposed ADU). He said he only had a dimension from the property line to the ADU, nothing related to our house. So we asked Michael to walk outside with us and show the location of the property line in relation to our house. He did not know the location of the property line.

When Susan came by our house to discuss the ADU, we also asked her the distance between the proposed dwelling and our bedroom window. She also could not answer the question. Susan came back later and left a paper in our mailbox showing a past survey of the property, however it has nothing to do with our question.

Michael and Susan have made it clear to us they feel our question has been answered completely. However we do not feel they have answered it at all. We feel that due to the proximity of the new structure to existing dwellings, the owners of 1991 Marin Ave should pay special attention to building a new structure in the proposed design location. We propose the owners of 1991 Marin Ave hire a licensed surveyor to lay out the property lines adjacent to all neighboring properties for use in the permit application phase.

2. Privacy

The bottle brush between our properties provides visual and audio privacy to our master bedroom. Some of the trees are on our side of the fence, while others are on their side. If a portion of these were removed along with a new dwelling built close by, it would negatively impact us. We asked Susan if there was a landscaping drawing that defined their plans existing bottle brush area. She would get back to us and later left sketches in our mailbox. The first sketch has a picture from the street side noting “bottle brush will remain” and “trees will remain.” The second sketch has a picture from their property side specifically showing their bottle brush trees noting “Very important to us!” Please see attachments at the end of this letter.

ATTACHMENT 5 ZAB 03-14-19 Page 60 of 69

The response to the City of Berkeley in the recent letter by Michael and Susan mention the portion of bottle brush on their property stating “some are located within the construction area.” There is no mention of the statements made to us.

We believe this existing bottle brush would be vital to keeping privacy between our bedroom and the proposed ADU if they were granted a permit to proceed. Unfortunately, we feel they are telling us one story while submitting the opposite story to the City of Berkeley. We believe the owners of 1991 Marin Ave should meet the commitments they have provided their neighbors. Therefore, we propose the owners of 1991 Marin Ave formally include their provided sketches in their submission to the City of Berkeley and be a condition of any granted permit.

3. Alternatives

In the responses from Michael and Susan, they state that alternatives “were proposed by neighbors, considered for further development, and briefly discussed with them.” While we cannot speak for other neighbors, we would like to clearly communicate the extent of our conversations about alternatives.

In both conversations, one each with Michael and Susan, we asked if it was possible for alternatives or adjustments to the proposed plan. The owners told us they refuse to make any changes to the plans. Note that we did not get a chance to discuss any potential alternatives or adjustments, only the premise of whether a conversation about such could be had.

We are open to discussions about alternatives or adjustments.

This proposed project defines a separate ADU dwelling positioned far away from the current house at 1991 Marin Ave and a new entrance on Los Angeles Ave. The proposed plan reduces the impact to 1991 Marin Ave and increases the impact to neighbors on Los Angeles Ave. We believe that the City of Berkeley has created municipal codes to deal with constructing new dwellings at the rear edge of a through lot, abutting neighboring dwellings. Specifically, the following:

23D.08.030 Setback Requirements for Accessory Building or Structures B. No accessory building or enclosed accessory structure located on a through lot shall be erected or expanded so as to encroach upon that 25% of the lot portion that is nearest to either abutting street.

We believe the proposed plan by the owners of 1991 Marin Ave does not meet Berkeley Municipal Code and therefore should not be approved.

Thank you for your time.

Sincerely,

Mitch Yoffe and Barbara Moses 1992 Los Angeles Avenue, Berkeley, CA 94707

ATTACHMENT 5 ZAB 03-14-19 Page 61 of 69

ATTACHMENT 5 ZAB 03-14-19 Page 62 of 69

ATTACHMENT 5 ZAB 03-14-19 Page 63 of 69

1960 Los Angeles Ave. Berkeley, CA 94707 January 17, 2019

Allison Riemer, Assistant Planner Greg Powell, Principal Planner City of Berkeley 1947 Center St. Berkeley, CA 94704 Re: 1991 Marin Ave., Administrative Use Permit #ZP2018-0166

Dear Ms. Riemer and Mr. Powell,

I’m writing to express my strong concerns about the above-referenced project at 1991 Marin Ave., which purports to be an ADU, but which, in fact, turns out to be a new dwelling facing onto Los Angeles Ave. Neither of those would be objectionable except for the extremely negative impact that this project will have on the neighbors as it is currently designed.

While I support ADUs in general, and this property is a good location for a small, thoughtfully-designed ADU, I learned yesterday that that is not what our Los Angeles Ave. neighbors are dealing with. This design faces the street and comes within five feet of the sidewalk, assuming that the AUP is granted. It is so tall and so close to the next-door neighbors’ house that it cuts off sunlight to their entire east-facing living spaces all day long and even rises to their second-floor windows in some places. Apparently, the owners have refused to work with these neighbors to try to mitigate in the slightest way the negative impact of their design. They have even refused mediation, despite the city’s recommendation. Neighbors on the opposite side will also be affected by the proximity of the new dwelling, yet the owners have likewise been unwilling to include them in any conversation.

As I understand it, the design of the new dwelling is out of character with the neighborhood, although, not having seen the design, I can’t comment on that aspect of it. I live a few houses away from the proposed dwelling and walk by the property daily. I do know that if the new structure is sitting five feet away from the sidewalk, it will certainly be an anomaly no matter how tasteful the design.

At a minimum, the AUP must be rejected, and the applicants must be required to build 20 feet from the sidewalk. In any case it is in everyone’s best interests for them to work with their Los Angeles Ave. neighbors to find a better solution to these problems.

Thank you.

Martha L. Ramey ATTACHMENT 5 ZAB 03-14-19 Page 64 of 69

27 Jan 2019

Dear Allison Riemer and Greg Powell,

We live at 1981 Marin Ave and we would like to express concern over Administrative Use Permit #ZP2018-0166 at 1991 Marin Ave.

Our primary concern is related to the set-back. We understand the unit will have its front door on Los Angeles Ave. Per code, there should be a 20’ set back from the property line, not 5’ as their plans indicate. We ask that the city require the 20’ setback, per the code.

Sincerely, Julie & Roy Elis 1981 Marin Ave.

ATTACHMENT 5 ZAB 03-14-19 Page 65 of 69 Riemer, Allison

From: Barbara Adams Sent: Saturday, February 09, 2019 9:43 AM To: Riemer, Allison; Powell, Greg Subject: Fwd: 1991 Marin Ave., Administrativ Use Permit #ZP2018-0166

------Forwarded message ------From: Barbara Adams Date: Tue, Feb 5, 2019 at 8:03 PM Subject: 1991 Marin Ave., Administrativ Use Permit #ZP2018-0166 To: ,

Dear Ms. Riemer and Mr. Powell,

I am writing in support of my neighbors, especially those at 1972 and 1992 Los Angeles Ave., who will be directly affected by the proposed structure at 1991 Marin Ave. This structure, as designed, will throw almost the entire east side of 1972 Los Angeles Ave into shadow and heavily impact the main living spaces in their house. This will have a significant impact on the quality of life and privacy in that house. Two young children live there.

While I don't know exactly how it will affect 1992 Los Angeles, I do know that they have similar objections. It troubles me that the near neighbors were not at all consulted until the last minute and that, even then, the impact of the proposed building on the rest of the neighborhood was ignored. Apparently, there is to be no negotiating. This is hardly fair.

When I merely added a pergola at the base of my front porch I had to get all the near neighbors to sign off on the design.

I am also concerned that having the structure's stark design so close up to the street will kind of ruin the character of our historic neighborhood with its Marin Circle and Fountain. I live just three houses from the Fountain and until the current owners of 1991 Marin locked the gate, my late husband used to help with the planting in the previous owners' back yard, even planting a lemon tree at one point. Is this friendly neighborhood spirit a thing of the past? I hope not.

I'm told that the proposed design could be modified to circumvent the problems mentioned above. Please reject the application for an AUP at 1991 Marin Ave. until these issues are resolved.

Thank you for your consideration.

Barbara Adams 1970 Los Angeles Ave.

1 ATTACHMENT 5 ZAB 03-14-19 Page 66 of 69 Riemer, Allison

From: Larry Rothe Sent: Sunday, February 24, 2019 2:50 PM To: Riemer, Allison Subject: Supporting proposed ADU for 1991 Marin Avenue

Follow Up Flag: Follow up Flag Status: Flagged

Allison Riemer Assistant Planner Planning and Development Department 1947 Center Street Second Floor Berkeley, California 94704

RE: AUP #ZP2018‐0166 for 1991 Marin Avenue

Dear Ms. Riemer,

I am writing to voice my support, and my wife’s support, for the accessory dwelling unit planned for 1991 Marin Avenue. We have seen the artist’s renderings of the finished project and are particularly impressed with the proposed landscape design. Our historic neighborhood is distinguished by beautiful houses and landscaping. The finished ADU will add an attractive structure to the neighborhood. It will also enhance the property’s aesthetic appeal with plantings that provide an elegant replacement for the unsightly wooden fence currently fronting the lot on Los Angeles Avenue. And the requested reduction in the setback requirement to five feet on Los Angeles Avenue is consistent with the homes in the immediate area.

For the reasons I’ve stated, and because we believe ADUs are one way to address Berkeley’s housing shortage while supporting homeowners, we urge the Planning and Development Department to facilitate building the ADU planned for 1991 Marin Avenue.

Sincerely, Larry Rothe Karen Borst‐Rothe

1987 Avenue Berkeley, CA 94707 (510) 205‐9031 [email protected]

1 ATTACHMENT 5 ZAB 03-14-19 Page 67 of 69 Riemer, Allison

From: Larry Rothe Sent: Monday, February 25, 2019 9:14 AM To: Riemer, Allison Subject: FW: Supporting proposed ADU for 1991 Marin Avenue

If it helps you to have an absolutely accurate version of my letter of support, I’m re‐sending it below, with the address corrected.—Larry Rothe

*************

Allison Riemer Assistant Planner Planning and Development Department 1947 Center Street Second Floor Berkeley, California 94704

RE: AUP #ZP2018‐0166 for 1991 Marin Avenue

Dear Ms. Riemer,

I am writing to voice my support, and my wife’s support, for the accessory dwelling unit planned for 1991 Marin Avenue. We have seen the artist’s renderings of the finished project and are particularly impressed with the proposed landscape design. Our historic neighborhood is distinguished by beautiful houses and landscaping. The finished ADU will add an attractive structure to the neighborhood. It will also enhance the property’s aesthetic appeal with plantings that provide an elegant replacement for the unsightly wooden fence currently fronting the lot on Los Angeles Avenue. And the requested reduction in the setback requirement to five feet on Los Angeles Avenue is consistent with the homes in the immediate area.

For the reasons I’ve stated, and because we believe ADUs are one way to address Berkeley’s housing shortage while supporting homeowners, we urge the Planning and Development Department to facilitate building the ADU planned for 1991 Marin Avenue.

Sincerely, Larry Rothe Karen Borst‐Rothe

1987 Marin Avenue Berkeley, CA 94707 (510) 205‐9031 [email protected]

1 ATTACHMENT 5 ZAB 03-14-19 Page 68 of 69 Riemer, Allison

From: VERNA UCHIDA Sent: Sunday, February 24, 2019 3:07 PM To: Riemer, Allison Cc: Michael and Susie Iida Subject: AUP #ZP2018-0166 at 1991 Marin Avenue

Dear Ms. Riemer,

As long-time Berkeley residents, we recognize the current acute housing shortage. ADU's increase the availability of housing as well as increase the city's tax base. They also provide housing diversity and support the financial needs of homeowners as our cost of living continues to rise at a rapid pace.

We support the accessory dwelling unit as planned for 1991 Marin Avenue. The requested reduction in the setback requirement to five feet on Los Angeles Avenue is consistent with the homes in the immediate area.

Thank you,

Carey Iida and Verna Uchida

1440 Catherine Drive

Berkeley, CA 94702

1 ATTACHMENT 5 ZAB 03-14-19 Page 69 of 69