2129 Shattuck Berkeley’S Mixed-Use High-Rise Hotel

2129 Shattuck Berkeley’s Mixed-Use High-Rise Hotel

Zoning Application for 2129 Shattuck Avenue, Berkeley, California Applied for by Taecker Planning & Design on behalf of Center Street Partners, LLC June 25, 2015

Development Team: Center Street Partners, LLC James J. Didion, Founding Partner

TABLE OF CONTENTS

I. Required of All Projects: I.A. Application Form ...... 1 I.B. Payment of Fees ...... 5 I.C. Applicant Statement ...... 6 I.D. Neighbor Pre-Application Contact ...... 29 I.E. Pre-Application Posters ...... 41 I.F. Site Photographs...... 42

II. Required of All Projects Involving Construction: II.A. Plan- General Requirements ...... See Separate Drawing Set II.B. Site Plan with Street Design and Context ...... See Separate Drawing Set II.C. Floor Plans and On-Site Open Space ...... See Separate Drawing Set II.D. Building Elevations ...... See Separate Drawing Set II.E. Hazardous Waste and Substances Statement ...... 45 II.F. Tabulation Form ...... 46

III. Additional Requirements III.A. Studies, Plans and Graphics: ...... 48 1. Boundary and Topographic Survey ...... See Separate Drawing Set 2. Conceptual Grading Plan ...... See Separate Drawing Set 3. Parking Survey and Transportation Study ...... 49 4. Photo Simulations ...... 50 5. Section Drawings ...... See Separate Drawing Set 6. Story Poles ...... Not Applicable 7. Shadow Study ...... 62 8. Street Strip Elevations ...... See Separate Drawing Set

Zoning Project Application for 2129 Shattuck / i III.B. Affordable Housing Requirements ...... 80 1. Housing Affordability Statement 2. Density Bonus Statement

III.C. Environmental Documents 1. Arborist Report ...... Not Applicable 2. Toxics Assessment ...... 82 3. Seismic Hazard Investigation...... 83 4. Trafﬁ c Impact Analysis ...... 84 5. Creek Requirements ...... 85 6. Stormwater Requirements Checklist ...... 86 7. State General Construction Permit ...... Not Applicable 8. Historic Resources Evaluation...... 101 9. Wind Analysis ...... 112

III.D. Green Building Requirements 1. Green Building Checklist & LEED Gold Equivalence...... 113 2. Energy Efﬁ ciency Analysis 3. Water Efﬁ cient & Bay Friendly Landscape Requirements ...... 139 III.E. Structural Information ...... 140 III.F. Additional Materials ...... 141 1. Area of Potential Effects Statement ...... Not Applicable 2. Zoning Use Questionnaire ...... 142 3. Design Review Submittal ...... To Be Submitted 4. Structural Alteration Permit ...... Not Applicable

Zoning Project Application for 2129 Shattuck / ii I.A. Zoning Project Application Form

1.A. Application Form / 1 2 / 1.A. Application Form

4 / 1.A. Application Form I.B. Payment of Fees

1.B. Payment of Fees / 5 I.C. Applicant Statement 1. The Owner and Applicant The hotel project will be owned and is proposed by Center Street Partners, LLC, which has an agreement with the Bank of America to purchase and redevelop the site. Pyramid Hotel Group has joined with founding partner of Center Street Part- ners, LLC, James J. Didion. Pyramid Hotel Group CFO, Chris- topher Devine, and Senior Vice President, Jay Pesci, represent owner’s interests during the entitlement process. Pyramid Hotel Group, has a long successful history in hotel development, fi nancing, and operations. Pyramid will man- age the project’s development and operate the hotel. Pyramid presently manages DoubleTree Berkeley Marina, and brings unique expertise in urban hotels within downtowns and near universities. Taecker Planning and Design will serve as the project’s Ap- plicant, on behalf of Center Street Partners, LLC. The fi rm will coordinate the entitlement process, serve as community liaison, and guide the design of open space. Matthew Taecker AIA AICP, is sole owner of the fi rm. From 2005 to 2011, Taecker was the City’s Principal Planner for downtown Berke- ley, when he led development of the Downtown Area Plan (DAP), the Downtown Street & Open Space Improvement Plan, and the updated Downtown Design Guidelines. He was also responsible for overseeing the development of: the Downtown Transportation Demand Management and Parking Program (by Nelson/Nygaard); the Downtown Berkeley Development Feasibility Study to inform the DAP (by Strategic Economics); and the Downtown Berkeley Development Feasibility Study to inform decisions regarding fees (by AECOM). Taecker is joined by Associate Debra Sanderson, former Planning Man- ager for the City of Berkeley. JRDV Urban International serves as project architect and leads the project’s technical team. JRDV is an Oakland-based full-service architecture fi rm with special expertise in mixed- use development in urban centers. JRDV has a reputation for responding to context and the needs of each community. Principal Ed McFarlan AIA will direct the project’s design and technical team.

6 / 1.C. Applicant Statement East Shattuck Square. Pedestrian amenities create a visible gateway. A bike share station is planned.

Vicinity Map. The project will be across Shattuck from two high-rise buildings of nearly the same height. The new “Berkeley Plaza” high-rise apartment has been proposed just south of the area shown. 2. Overview 2129 Shattuck will transform Berkeley’s most prominent-yet- neglected corner, at Center and Shattuck, into a mixed-use high-rise hotel with condominiums and conference space. The Center Street. Active ground fl oor project will be just steps away from the Downtown Berkeley uses will line - and outdoor confer- BART station and across the street from busiest sidewalk in ence space will overlook - Center the East Bay, between BART and UC Berkeley’s campus. The Street. project’s location and land intensity will reinforce downtown Berkeley as a sustainable transit-oriented urban center and a great place to live, work, and visit. The new high-rise building will replace a suburban-style Berkeley main-branch Bank of America with an exemplary building that refl ects Berkeley’s spirit and culture. The project is expected to have 280 hotel rooms, 43 condominiums and other uses organized across eighteen fl oors: • ground fl oor: hotel lobby, hotel bar/restaurant, hotel meet- Residential Program ing room, a café, a full-service restaurant, retail space for Bank of America, a loading dock, parking garage entrance, 3-br 4 units 1775-2476 sf and “back of house” functions; 2-br 24 units 1054-1390 sf • fl oor 2: a parking garage with 95 self-park and valet spaces, 1-br 15 units 869-1141 sf and 3 car sharing pods; • fl oor 3: conference space (indoor and outdoor), catering room, hotel fi tness room and pool, and hotel suites with private patios; • fl oors 4 – 12: hotel fl oors with typically 28 suites per fl oor; • fl oor 13: condominiums with a shared club room, terrace • open space, and other resident amenities; and • fl oors 14 – 18: residential condominiums that typically have 8 dwellings per fl oor with 1-, 2- and 3-bedroom units.

1.C. Applicant Statement / 7 The project has an interior gross fl oor area of 281,269 square feet on a 37,728 square foot, thus the project has a fl oor area ratio (FAR) of 8.32. For a statistical summary, please see section II.F. Tabulation Form. 2129 Shattuck will fulfi ll a policy priority for Berkeley that the City has held – but has remained unfulfi lled – for over fi fteen years. The community has made a high-rise hotel a policy pri- Center Street Edge. An artistic ority due to its unique and numerous benefi ts, including but arrangement of panels will add visual not limited to: urban vitality, support for local businesses, con- interest and prevent views of parking ference space, residential growth, low-carbon transit-oriented on the 2nd fl oor. development, and extraordinary fi scal dividends. 3. Program Elements Mixed-Use Ground Floor Active uses will line and open up onto Center Street. The ground fl oor program contains: bank facilities for Bank of America, a full-service restaurant (operator to be determined), a café (operator to be determined), lobby space for the residential condominiums, and hotel facilities. Hotel facilities include a lobby, a dining room and bar, a small “market” for purchas- ing sundries, a meeting room, administration functions, and service and loading areas. Hotel Uses A hotel is the principal program element, and will be oper- ated by Pyramid Hotel Group. A total of 280 hotel suites are proposed. Each hotel suite will contain a bedroom, living Conference Space. The project will room with sofa bed, bathroom, and kitchenette. The hotel provide indoor and outdoor confer- suite format is well suited to individuals and families who ence space. Outdoor conference will visit downtown and the university – and support the local space will have breakout space and economy. assembly space. A tent can be used The hotel includes 10,947 square feet of conference space on during the rainy season. the 3rd and ground fl oors. The ground fl oor includes a meeting room. On the 3rd fl oor (“terrace level”), conference space is comprised of two interior conference rooms, exterior conference space, a catering room, and restrooms. The 3rd fl oor also contains amenities for hotel guests – and condominium residents – including a fi tness center and terrace area with pool. Residential Condominiums Forty three condominiums are proposed, in a combination of 1-, 2- and 3-bedroom units. Proposed residential condominiums are vital to the project’s fi nancial feasibility and will advance downtown as a vibrant 24-hour district. For a viable

8 / 1.C. Applicant Statement project, the project has a diagonal width of 165 feet on fl oors that are over 120 feet above grade. This diagonal width ex- ceeds the 120-foot diagonal width threshold noted in BMC section 232E.68.070.C, and will therefore require a special use permit, as is discussed in Application section I.C.7 below. Bank of America and Phasing of Construction The project will be constructed in two phases to provide continuous uninterrupted operations by Bank of America. In Upper Floor Setback. Along most phase one, a low-rise commercial building will be built on the of its Center Street frontage, upper existing parking lot. After the phase 1 building is constructed, stories (above the 3rd fl oor) will be it will be occupied by the Bank of America and existing bank set back 51 feet. building will be demolished. This building will be adjacent to and similar in height to the new Berkeley Art Museum / Pa- cifi c Film Archive. Parking for Bank of America patrons will be located temporarily on UC Berkeley’s parking lot on Addi- son Street with direct pedestrian access into the bank. In phase 2, a 180-foot tall high-rise building will be built on the remainder of the site. When the high rise is completed, the Bank will move back into the corner of Shattuck and Center, Scale at Street. A one-story restau- and the phase 1 low-rise building will house a restaurant. rant will be setback from and abut Street improvements will accompany the project. the one-story Berkeley Art Museum / Pacifi c Film Archive. Parking and Transportation Demand Management Over two-thirds of the project’s required parking will be provided on site. To address the remainder of the on-site parking requirement, the Applicant proposes payment of a parking in lieu fee, which is allowed and pre-designated for transit-related downtown street improvements. The Applicant is currently studying parking demand and opportunities to reduce it with: shared parking among uses with diff erent time-of-day needs, and transportation demand man- Extraordinary Transit Access. agement measures such as transit passes for hotel guests. (For BART and over 30 AC Transit buses discussion on associated Use Permits, please see below under converge just steps from the project. “Use Permits and Required Findings.”) Transit passes will be provided to every employee and house- hold, as is required by zoning. “Clipper Cards” will be consid- ered as a TDM measure to reduce demand for on-site parking. Three of the parking spaces on site will be reserved as carsharing pods. Access to carsharing vehicles will be provided to hotel guests, condominium residents, employees, and members of the general public. The project includes bike parking on-site. A new “bike share station” as part of Shattuck street improvements Through a Metropolitan Transportation Commission grant, Berkeley and

1.C. Applicant Statement / 9 other East Bay Cities’ are implementing “bike share” – low- cost and convenient bicycle rentals. Space for 19 bicycles has been indicated. The bike sharing station location will be visible from BART Plaza and further reduce car use in the downtown area. Bike Sharing Station near BART. A bike sharing station location is 4. Unique and Intrinsic Benefi ts proposed to add activity to Shattuck A Vibrant Business and Cultural Destination Square and is close to BART. 2129 Shattuck will make downtown Berkeley a more vibrant and complete destination. The project will release untapped synergies by connecting with local businesses, cultural uses, and UC Berkeley. The projects will also enliven downtown by creating a new pedestrian-friendly street edge along Shattuck and Center. 2129 Shattuck will satisfy local demand for lodging, as large numbers of Berkeley visitors stay presently in Emeryville and Arts District. The high-rise hotel San Francisco. It will deliver much-needed conference facili- will be a few blocks from an extraor- ties to downtown Berkeley. A large contiguous meeting room dinary array of theaters, cinemas, will occupy the 3rd fl oor “terrace level” and will be adjoined museums and music venues. Hotel by a smaller meeting room and outdoor meeting space. The guests will support these cultural outdoor meeting space can be covered with a tent and heated, venues, and the hotel is expected to as needed. The outdoor meeting space is an example of a fl ex- serve visiting actors and artists. ible conference format that is increasingly used and can take advantage of Berkeley’s benign climate. A private dining and meeting room will be on the ground fl oor. Support for Local Businesses 2129 Shattuck will measurably strengthen downtown’s economy. Hotel guests and offi ce employees will support surrounding businesses and cultural destinations – spending tens of thousands of dollars each day and reinvigorating downtown as a retail destination. Foot traffi c from the project will spill out onto surrounding streets, and make them more active and inviting. A comprehensive analysis of local business and other economic benefi ts is expected later in the process. A Great Residential Neighborhood Hotel visitors and condominium residents will add to downtown’s life and vitality, and make it a 24-hour place. Foot traffi c generated by the hotel and condominiums – and the project’s street-oriented facades and lighting – will enliven downtown and contribute signifi cantly to public safety.

The project will also pay aﬀ ordable housing impact fees into the City’s “Housing Trust Fund” (HTF). The HTF pays for low- and very-low housing construction in Berkeley. The City

10 / 1.C. Applicant Statement leverages every dollar in the HTF through available grants and Existing Pedestrian Flow partnerships with non-profi t housing providers. To illustrate how HTF fees can be applied downtown, the Downtown Area Plan calls for aff ordable housing on the Berkeley Way parking lot, a few blocks from the project. Environmental Sustainability 2129 Shattuck will be noteworthy transit-oriented development (TOD) – an essential strategy for a sustainable Bay Area. Employees, residents and guests will be just steps away from BART, thirty AC Transit bus routes, and shuttle service to UC Berkeley and Lawrence Berkeley National Lab. Car usage associated with the project will be low compared with other locations, and reduce regional traffi c, air pollution, and greenhouse gas emissions. Thus, 2129 Shattuck will help implement Berkeley’s Climate Action Plan and “One Bay Area,” the As- sociation of Bay Area Government’s vision for an environmen- tally sustainable future.

The project will also deliver green building performance per Enhanced Pedestrian Flow the Downtown Area Plan, which led to perhaps the most demanding “green” zoning requirements in the Bay Area. The project will meet and exceed these requirements: • LEED Gold certiﬁ cation, • “zero-net” stormwater runoﬀ , • transit passes for all households and employees, • on-site car sharing pods, • parking lease unbundled from main leases, • electric vehicle hook-ups, • secure bicycle parking, and • Bay Area drought tolerant landscaping. • Additional green features will be spelled out as the project moves through the design review process.

Fiscal Dividends Pedestrian fl ow diagrams. Exist- Fiscal benefi ts from 2129 Shattuck are unrivaled within Berke- ing foot traffi c is concentrated on ley. High hotel tax rates make hotels are among the biggest the south side of Center Street and revenue generators for cities, and will convey millions of west leg of Shattuck Square (above). dollars to the City of Berkeley annually. With an interior gross Proposed street improvements will fl oor area of 281,269 square feet, the project will make signifi - enhance pedestrian environments on cant monetary contributions towards the creation of aff ordable the north side of Center and east leg housing, aff ordable childcare, and street improvements. of Shattuck Square (below).

1.C. Applicant Statement / 11 4. Project Objectives The following highlights essential aspects of the project. Economic Development and Land Use • Deliver a high-rise hotel in Downtown’s transit-oriented “Core Area” to promote Downtown as a vibrant destination (Downtown Area Plan (DAP) Policies LU-1 & ED-1.11). • Diversify, revitalize, and promote the Downtown economy Vibrant Downtown. The high-rise and retail activity by increasing the number of people hotel will support the continued revi- working, living and visiting Downtown (GP Policies LU-1.3 talization of downtown Berkeley, as & LU-16). noted under “Project Objectives.” • Expand meeting and conference facilities in Downtown (DAP Policy ED-1.10). • Increase the residential density of Downtown’s transit- oriented “Core Area” and the supply of market-rate ownership housing (General Plan (GP) Policy LU-23 & DAP Policy HC-3.4 respectively). • Maintain a fi nancially feasible project by accommodating suffi cient building intensity (DAP Policy LU-1.5, and the City’s 2008 & 2012 Downtown Berkeley feasibility studies), such as by avoiding prohibitive construction costs associated with below-grade parking or ineffi cient fl oor plans. • Support the City of Berkeley’s long-term fi scal health through the payment of signifi cant transient occupancy tax (“hotel tax”) and other contributions. Urban Design • Along the project’s street edges, create an appealing and safe Downtown environment with a comfortable pedestrian orientation with the creation of new street-facing retail and restaurants (GP Policies LU-1.3 & LU-16), while allowing requisite parking garage access and loading docks. • Fit into the context of the existing built environment (GP Policy LU-21), while refraining from “false historicism” (Downtown Design Guidelines (Guidelines) “Facades” #2). • Recognize and reinforce Downtown’s architectural variety by supporting design creativity (GP Policies HD-3.2 & HD- 4.4 respectively). • Maintain a rhythm of structural bays and ground-level storefronts for visual continuity with existing buildings and to create pedestrian scale (Guidelines Frontages, Set- backs & Heights” #1 & #3). • Enhance adjacent sidewalks (DAP Policy AC-1.1).

12 / 1.C. Applicant Statement • Avoid bus stop locations that block clear views of project storefronts and publicly-accessible open space (DAP Policy AC-4.2). • Maintain Downtown’s historic property-line streetwall, except to accentuate Berkeley’s “100% corner” by allowing a continuous vertical expression of the high rise (Guidelines “Frontages, Setbacks & Heights” guideline #1 and “Special Sites, Buildings and Subareas” #1). • Create a distinctive building that refl ects Berkeley’s per- sonality, and enhances Berkeley’s skyline and one of Downtown’s most prominent corner. Environmental Performance Provide exceptional environmental performance across a full spectrum of concerns, including energy, water conservation, stormwater quality, and transportation demand management (DAP Policies ES-4.1 to 4.6 and AC-1.3). Reduce car use and the generation of greenhouse gas by constructing a building of highest appropriate intensity and height near BART (DAP Policy LU-4.1). Maintain pedestrian comfort along adjacent sidewalks by defl ecting downward wind drafts with building setbacks, re- cesses, projections, and other devices (Guidelines “Frontages, Setbacks & Heights” #12). 6. Policy Context The proposed high-rise hotel fulfi lls a Berkeley policy priority that could not be delivered for decades. City policies encourage the construction of a high-rise hotel in recognition of its unique and numerous benefi ts, including but not limited to: urban vitality, support for local businesses, conference space, residential growth, low-carbon transit-oriented development, and extraordinary fi scal dividends. (See “I.C.4. Unique and Intrinsic Benefi ts” above.) Downtown Area Plan Several Downtown Area Plan policies make specifi c references to the unique importance of incentivizing the creation of a high-rise hotel. DAP Policy LU-1.1 says: Encourage hotels in the Core Area through incentives and height exceptions...(emphasis added) Policy ED-1.11 also encourages a high-rise hotel and says: b) Consider other incentives for major hotel projects, commensurate with the unique public benefi ts that hotels are likely to deliver.

1.C. Applicant Statement / 13 In recognition of a hotel’s intrinsic importance and downtown’s exceptional regional transit access, the DAP allows three “buildings of exceptional height” in the Core Area at up to 180 feet – about the same height as the Chase and historic Wells Fargo buildings. One high rise is expressly reserved for a hotel project. In addition, the proposed mixed-use high-rise hotel will help implement the Downtown Area Plan by delivering: • enhanced streets that favor pedestrians and make inviting urban places (DAP policies AC-2.1 & AC-5.1), • continuity with downtown’s historic ground-fl oor storefronts (Policy HD-4.1) and building streetwalls (DAP policy HD-3.1), • high-intensity low-emission development close to BART and in downtown’s Core Area (DAP policies ES-3.1, LU-1.5 and LU- 4.1, and CAP policy 1a), • LEED Gold environmental performance (DAP policy ES-4.1), • diverse housing opportunities …, especially larger dwellings and ownership opportunities (policies LU-3.2, HC-3.3, and HC-3.4), and • fi nancial support for aff ordable housing, day care, street improvements, and transit (DAP policies HC-3.2, LU-2.4, and AC-3.2), as well as much needed “hotel taxes” for the City. The Downtown Area Plan – and other downtown-related City documents -- can be viewed at: www.cityofberkeley.info/dap. Downtown Design Guidelines Berkeley’s Downtown Design Guidelines provide an essential touchstone for demonstrating the project’s appropriateness and quality. A side-by-side comparison of the proposed project with the Downtown Design Guidelines (Guidelines) has been presented to the Design Review Committee and can be downloaded at: http://www.cityofberkeley.info/uploadedFiles/Planning_and_De- velopment/Level_3_-_Commissions/Design_Review_Commit- tee/2015-06-18_DRC_ATT4_2129%20Shattuck_Conformance%20 Memo%20.pdf In brief, the project is consistent with the Guidelines in the following respects: • Maintain pedestrian scale and pedestrian-friendly environments. • Maintain and reinforce Downtown’s historic streetwall at the property line. Upper fl oor setbacks are desirable …

14 / 1.C. Applicant Statement • Build consistently with the existing streetwall, ... Continue dominant rhythms for structural bays and other vertical elements, and for dominant cornice lines, such as between ground fl oors and upper stories and at the top of facades that meet a street. • Respect the height of neighboring buildings, and provide a sense of continuity and enclosure which avoids abrupt changes in height. • Protect sidewalk and public open spaces by defl ecting downward wind drafts by using building setbacks, recess- es, projections, and other devices. • Consider ways that buildings with upper-story setbacks can avoid the “wedding cake eff ect,” such as by setting street-level entrances back to the same vertical plane as upper fl oors and/or by incorporating features that tie the building together visually. • On the corner sites, locate the tallest elements at the corners, particularly at major intersections.... • Design new construction and alterations to resonate with prevalent architectural characteristics of historic development in the vicinity of the project including but not limited to: materials, color, cornice, fenestration patterns, structural bays, roof form, vertical projections, overhanging elements, and motif. • Do not replicate but generally reinforce patterns associated with historic development. Refrain from false historicism.

East Shattuck Square. The building setback at the 3rd ﬂ oor will create a street edge that is similar in height with nearby buildings. Requisite parking entrance and loading bays will be designed to be attractive and minimize impacts on pedestrians.

1.C. Applicant Statement / 15 7 Use Permits and Required Findings Overview This section identifi es the Use Permits required for the proposed project, and suggests language for the “fi ndings” that the Zoning Adjustment Board (ZAB) must make to approve each Use Permits. Suggested fi ndings language is in italics. BMC Section 23E.68.090.A specifi es that to approve any Use Permit under Downtown - Mixed Use District (C-DMU) provisions (Chapter 23E.68), the ZAB must make: • the fi nding required by Section 23B.32.040 (referred to as the general non-detriment fi nding) for each permit, • fi ndings required by the applicable items in BMC Section 23E.68.090, which for this project include 23E.68.090 items A, B, D, E, F, G, and H; Findings C and I do not apply to this project, and • fi ndings required by other chapters of the Zoning Ordi- nance that apply to specifi c permits. Needed fi ndings will become better defi ned as the project proceeds through the approval process, such as the project’s Environmental Impact Report (EIR) is reviewed and certifi ed. The Applicant will support staff and ZAB in the development of fi ndings, such as by providing information that may be needed to make a fi nding. The following portion of the Applicant Statement lists all of the use permits required for this proposed project, followed by suggested language for all of the required fi ndings. Required Permits: The following list includes all of the zoning permits required of this project, and indicates specifi c fi ndings (other than the non-detriment fi nding) where they exist. 1. Mixed Use Development, 23E.68.030: Use permit with public hearing (UPPH) required to establish a mixed use development involving commercial, residential, conference, and hotel uses in one building. 2. Construction of new Floor Area, 23E.68.050: UPPH required to construct more than 10,000 square feet of new fl oor area, subject to the fi ndings in 23E.68.090.D. 3. Community Benefi ts, 23E.68.070.B: UPPH required to establish a 180-foot tall building, with a hotel and conference facility, subject to the fi ndings in 23E.68.090.E. 4. Diagonal greater than 120 feet, 232E.68.070.C.1: UPPH required to construct a building that does not conform to

16 / 1.C. Applicant Statement C-DMU setback standards, specifi cally, portions of the proposed building over 120 feet from grade that exceed 120 feet at the widest point on the diagonal. Subject to fi ndings in 23E.68.090.F. 5. Reduced side-yard setback up to 25 feet above grade, 23E.68.070.C: UPPH required to allow setback encroachment along parts of the project’s interior property line. 6. Reduced side-yard setback between 76 and 120 feet above grade, 23E68.070.C: UPPH required to allow setback encroachment where the northeast corner of the hotel fl oors 76 feet above grade (i.e. fl oors 8 through 12) are within 11 feet 2 inches of the property line. This setback encroachment has a relatively short (15-foot) length. 7. Open Space In-Lieu Fee, 23E.68.070.D: UPPH required to pay an in-lieu fee for privately-owned public open space (POPOS), subject to the fi ndings in 23E.68.909.G 8. Parking Waiver, Parking In-Lieu Fee, 23E.68.080.D: UPPH to reduce the number of required parking spaces through payment of an in-lieu fee, subject to the fi ndings in 23E.68.090.H. 9. Possible Future Request: Parking Waiver to Reduce the Number of Parking Spaces, 23E.28.140: UPPH to reduce the number of required parking spaces through Transportation Demand Management measures, subject to the fi ndings in 23E.28.140.B. 10. Housing-Related Permit, 23E.68.030: UPPH to construct and operate forty-three (43) condominium dwelling units on the top six (6) fl oors of the proposed building. 11. Hotel-Related (“Tourist Hotel”) Permit, 23E.68.030: UPPH to establish a 280-suites hotel including parking, food service, and other incidental services. 12. Bank-Related Permit, 23E.68.030: AUP to establish an interim 6,500 square foot retail bank in a “phase 1” low-rise building constructed on the Bank of America parking lot. After construction of the mixed-use high rise portion of the project, a permanent 6,500 square foot retail bank space will on the ground fl oor of the high rise. The Bank of America will remain as the retail bank in both locations. 13. Conference Facilities, 23E.68.030.B: AUP to establish 10,947 square feet of conference meeting space and support services, consistent with the purposes of the C-DMU District. 14. Live Entertainment: 23E.68.030: AUP to establish live entertainment as incidental to the conference space and the three restaurants.

1.C. Applicant Statement / 17 15. ATM (interior), 23E.68.030: AUP to establish an ATM within the building, other than and in addition to any ATM service available at the retail bank. 16. Full and Quick-Service Restaurants, 23E.68.030: AUP to establish and operate 3 restaurants -- one full service restaurants to occupy the space the Bank of American would temporarily occupy; one full service restaurant as an ancillary use associated with the hotel; and one quick-serve restaurant separate from the hotel with access from Center Street. 17. Alcohol Beverage Service, 23E.68.030 and 23E.16.040, Full Service Restaurants: UPPHs to establish alcohol beverage service, incidental to food service, including beer, wine, and spirits, within two full-serve restaurants, subject to the fi ndings in 23E.16.040.B.2. 18. Alcohol Beverage Service, 23E.68.030 and 23E.16.040: AUPs are required to establish alcohol beverage service of beer and wine, incidental to food service, at a quick serve restaurant. 19. Operating 24/7, 23E.68.060.A: AUP to operate three restaurants and hotel conference facility between 2:00 am and 6:00 am daily. The Applicant understands that the hotel is implicitly exempt for requiring this permit, as hotels operate at all times. Permits Pertaining to Overall Project 1. Mixed Use Development, 23E.68.030: A use permit with public hearing (UPPH) is required to establish a mixed use development involving commercial, residential, conference, and hotel uses in one building. A general non-detriment fi nding must be made (see below). 2. Construction of new Floor Area, 23E.68.050: A UPPH is required to construct more than 10,000 square feet of new fl oor area, subject to the fi ndings in 23E.68.090.D, as follows: Possible fi ndings language for 23E.68.090.D: The Board fi nds this new fl oor area is compatible with the visual character and form of the District as the project incorporates: • a continuous 3-story street wall along Center St. and Shattuck Ave. with cornice lines similar in height to nearby buildings; • a low-rise phase 1 (bank then restaurant) building consistent in scale to the adjacent one-story Berkeley Art Museum; • positioning most of the high rise toward the middle of the block (and away from the street), while bringing some of the high rise for a traditional vertical gesture addressing the street corner; • a commercial ground-fl oor base that maintains a traditional 18 / 1.C. Applicant Statement rhythm of structural bays and framed openings; • openings that are vertical in proportion and human in scale; • moderate use of glass and no refl ective surfaces; and • exterior fi nishes, such as brick and brick veneer, that are traditional in scale and texture. The Board also fi nds that no designated landmark structure or structure of merit in the vicinity would be adversely aff ect by the appearance and design of the proposed structure. The project is adjacent to or confronted by fi ve Landmark buildings: • to the east, the UC Press Building (not BAM/PFA) at 2120 Oxford; • to the north, the apartment building at 2109 Shattuck; and • to the south, the buildings at 2126 Center, 2128 Center, 2152 Center, and 2151 Shattuck. As noted above, the proposed building maintains a three story street wall, commercial ground-fl oor base and framed storefronts, cornice lines, and materials that maintain the scale, rhythm and texture of its historic neighbors. By using these and other design strategies, the Board fi nds that the project is consistent with Downtown De- sign Guidelines that emphasize visual character and form, particularly where historic resources are concentrated. 3. Community Benefi ts, 23E.68.070.B and 23E.68.090.E: A UPPH is required to establish a 180-foot tall building, with a hotel and conference facility. In order to approve a Use Permit for buildings over 75 feet in height (under Section 23E.68.070.B), ZAB must make a fi nding (under Section 23E.68.090.E) that: “…the project will provide signifi cant community benefi ts, either directly or by providing funding for such benefi ts to the satisfaction of the City, beyond what would otherwise be required by the City. These may include, but are not limited to: aff ordable housing, supportive social services, green features, open space, transportation demand management features, job training, and/or employment opportunities. The applicable public benefi t requirements of this Chapter shall be included as conditions of approval and the owner shall enter into a written agreement that shall be bind- ing on all successors in interest.” The Applicant will submit language for this required fi nding later in the process. 4. Diagonal greater than 120 feet, 23E.08.070.C.1: A UPPH is required if a proposed building does not conform to C-DMU setback standards. Specifi cally, portions of the proposed High Rise Massing. The building has building over 120 feet from grade, exceed 120 feet at the wid- a strong vertical expression that re- est point on the diagonal, and are therefore subject to fi nd- sults from a slender profi le on upper ings in 23E.68.090.F. The fi ndings consider shadow and wind fl oors and a continuous uninterrupted impacts, which have been examined and assessed prelimi- southwest corner. narily in Application sections III.A.7 and III.C.8, respectively. 1.C. Applicant Statement / 19 Possible fi ndings language for 23E.68.090.F: The Board fi nds that the project’s maximum 165-foot diagonal building width on fl oors with a height over 120 feet will not unreasonably limit solar access. The project as a whole (including the portion of the building outside the 120-foot diagonal zoning standard) will not unreasonably increase shadows on downtown streets, particularly when compared with shadows that are created by the existing buildings or would be created by a project with a generally-allowed height of 75 feet. Increased shadows are unavoidable with any tall building Setback along Center. Upper in the downtown, as is acknowledged by the Downtown Area Plan stories will be stepped back from EIR. Still, the incremental increase in shadow by exceeding a 120- streets. Shade affects will limited as foot diagonal width is small in extent (less than __% of the proj- discussed in section III.A.7. Shadow ect’s total shadow during the winter solstice), and the incremental Study.” increase in shadow will pass relatively quickly across any downtown point (in under ___ minutes during the winter solstice). Furthermore, the project will not shade parks and other important public open spaces, including the UC Berkeley “Crescent,” from two hours after sunrise to two hours before sunset on all days of the year. In addition the Board fi nds that the project’s maximum 165-foot diagonal building width on fl oors with a height over 120 feet will not cause signifi cant increases in wind on public sidewalks. Envi- ronmental analysis has determined that the building step backs at the 3rd and 13th fl oor, in combination with projecting canopies and overhangs, will defl ect downward drafts to a level where wind effects on pedestrian comfort are less than signifi cant. A consultant will evaluate potential wind-related impacts as part of the EIR process. 5. Reduced side-yard setback up to 25 feet above grade, 23E.68.070.C: An UPPH will be needed to allow setback encroachment along parts of the project’s interior property line. This setback encroachment is needed to accommodate conference facilities, hotel amenities, and fi re exiting on fl oor 3 uses. The parking on fl oor 2 is covered by a roof deck that extends to some parts of the interior property line. While C-DMU de- North Setback and Daylight. The velopment standards call for a 5-foot interior setback for parts project will not block property-line of the building above 20 feet (except within 65 feet of a street windows for its north neighbor at right-of-way), the roof deck has a height of 25 feet (exclusive 2109 Shattuck. The 2nd fl oor of the of parapet). At the 25 foot height (fl oor 3), the building steps project is setback 22 feet from these back in excess of the 5 foot setback standard (except at the existing windows, and upper fl oors northeast corner of the building, as discussed in “6. Reduced are setback 34 feet. side-yard setback between 76 and 120 feet above grade, 23E68.070.C.” Possible Finding, 23E.68.090.F The Board fi nds that the proposed encroachment into the interior lot line’s 5 foot setback (between 20 to 75 feet above grade) will not

20 / 1.C. Applicant Statement unreasonably limit solar access because the extension is only fi ve feet of the building’s 180 foot height, which steps back signifi cantly above the 25 foot height. Any increased shadowing for this small portion of the building’s height would be an extremely small amount of the building’s overall shadow. The primary shadow impacts aff ect parts of the building immedi- ately to the north of the project site, where there are no property line windows below the 25 foot height limit. Thus any small increase in shadowing would not aff ect residential solar access. The Board also fi nds that this extension will not create a signifi cant increase in wind experienced on the public sidewalk, for several reasons. The building includes stepbacks that will block downward drafts. Furthermore, the aff ected area is upwind of the prevailing winds. As a result, this extension does not increase wind impacts above those already created by the remainder of the building itself, which stands between the sidewalk and the extension in question. 6. Reduced side-yard setback between 76 and 120 feet above grade, 23E68.070.C: An UPPH will also be needed to allow setback encroachment where the northeast corner of the hotel fl oors 76 feet above grade (i.e. fl oors 8 through 12) are within 11 feet 2 inches of the property line. This setback encroachment has a relatively short (15-foot) length.

AREA OF ENCROACHMENT

Setback along Northeast Corner. A use permit is requested for a relatively small setback encroachment between 76 and 120 feet above grade.

Possible Finding, 23E.68.090.F The Board fi nds that the proposed encroachment into the interior lot line’s 15 foot setback (between 76 and 120 feet above grade) will not unreasonably limit solar access because the extension is only fi fteen feet of the building’s perimeter, which generally steps back signifi - cantly and in excess of requirements above the 25 foot height. Any increased shadowing for this small portion of the building’s height would be a very small amount of the building’s overall shadow.

1.C. Applicant Statement / 21

Should this analysis reveal reasonable options to reduce the parking demand, the applicant may modify the Use Permit Application during the approval process to reduce the required number of parking spaces, as allowed through 23E.28.140.B (referenced through 23E.68.080.D). The proposed project easily satisfi es fi ndings required under subsection B.1, since it is near a BART station and two parking garages. The pending analysis would determine how many parking spaces may be waived by meeting the B.2 requirement, due to sharing parking spaces, valet service, and applicable TDM measures. For more on the project’s approach to parking and TDM measures, see section “III.A.3: Parking Survey and Transportation Study`.” Possible fi ndings language for 23E.28.140.B: The Project currently includes 81 valet spaces, 14 self-park, and 3 carshare spaces, for a total of 95 non-carshare spaces on-site. Without modifi cation of parking requirements or payment of in-lieu fees, 129 spaces would be required, which is 34 more spaces than provided. The ZAB may waive these 34 spaces because: • 23E.28.140.B.1 – the project is located less than 1/3 of a mile from a BART station and less than ¼ mile from two publicly accessible parking facilities (City’s Center Street garage and the private “Allston Way” garage), and • 23E.28.140.B.2 – the project provides alternative transportation demand management strategies, as demonstrated below, which will reduce the parking demand. [Followed by shared parking and TDM rationale supported by the pending parking analysis.] 10. Housing-Related Permit, 23E.68.030: UPPH is required to construct and operate forty-three (43) condominium dwelling units on the top six (6) fl oors of the proposed building. 11. Hotel-Related (“Tourist Hotel”) Permit, 23E.68.030: UPPH is required to establish a 280-suites hotel including parking, food service, and other incidental services. 12. Bank-Related Permit, 23E.68.030: AUP is required to establish an interim 8,000 square feet retail bank in a “phase 1” low-rise building constructed on the Bank of America parking lot. After construction of the mixed-use high rise portion of the project, a permanent 6,500 square foot retail bank space will on the ground fl oor of the high rise. This phasing strategy will allow Bank of America to operate as the retail bank, continuously and without interruption.

1.C. Applicant Statement / 23 Permits for Conference Facilities 13. Conference Facilities, 23E.68.030.B: AUP is required to establish 10,947 square feet of conference meeting space and support services, consistent with the purposes of the C-DMU District. 14. Live Entertainment: Per 23E.68.030: AUP is required to establish live entertainment as incidental to the conference space and the three restaurants. 15. ATM (interior), 23E.68.030: AUP is required to establish an ATM within the building, other than and in addition to any ATM service available at the retail bank. Permits for Food Service 16. Full and Quick-Service Restaurants, 23E.68.030: An AUP is required to establish and operate 2 full service restaurants – one stand-alone restaurant to occupy the space the Bank of American would temporarily occupy; and one full service restaurant as part of the hotel. One quick-serve restaurant would have its entrance from Center Street. 17. Alcohol Beverage Services, 23E.68.030 and 23E.16.040, Full Service Restaurants: UPPHs are required to establish alcohol beverage service, incidental to food service, including beer, wine, and spirits, within two full-serve restaurants, subject to the fi ndings in 23E.16.040.B.2. As required, the Owner will apply for a California Type 47 ABC License, “On Sale General – Eating Place,” for the two full-service restaurants. The permit authorizes the sale of beer, wine, and distilled spirits for consumption on the prem- ises. While this license also allows beer and wine sale for consumption off -site, the Owner expects to ask ABC to remove that off -site consumption from its ABC License, consistent with the practice of other Berkeley restaurants in the area. The project site is more than 1,000 feet from any Berkeley Unifi ed School building (i.e., Berkeley High) and from any public park (the closest being Civic Park). The Applicant will provide an analysis of the locations of other businesses hold- ing a Type 47 license within a 1,000 feet well in advance of ZAB Hearing consideration. The analysis will determine if any other businesses hold a Type 47 license within a 1000 feet of the project site, and this submittal will also include draft fi ndings for “Public Convenience or Necessity” as required in BMC Section 23E.16.040.B.2. 18. Alcohol Beverage Services, 23E.68.030 and 23E.16.040: AUPs are required to establish alcohol beverage service of beer and wine, incidental to food service, at a quick serve

24 / 1.C. Applicant Statement restaurant. The applicant will apply for a California Type 41 ABC license, “On Sale Beer & Wine – Eating Place,” for the proposed quick-serve restaurant in the hotel. Under BMC Section 23E.16.040.B.2, this type of alcohol service does not require ZAB to make fi ndings of “Public Convenience or Ne- cessity,” and only requires the general non-detriment fi nding. 19. Operating 24/7, 23E.68.060.A: An AUP is required to operate three restaurants and hotel conference facility between 2:00 am and 6:00 am daily. The Applicant understands that the hotel is implicitly exempt for requiring this permit, as hotels operate at all times. Non-Detriment Findings for these Zoning Permits Each zoning permit listed above requires the standard “non- detriment fi nding”, as found in 23B.32.040.A, which reads: The Board may approve an application for a Use Permit, either as submitted or as modifi ed, only upon fi nding that the estab- lishment, maintenance or operation of the use, or the construction of a building, structure or addition thereto, under the circumstances of the particular case existing at the time as which the application is granted, will not be detrimental to the health, safety, peace, morals, comfort or general welfare of per- sons residing or working in the area or neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City. The following text shows how the required permits satisfy this “non-detriment fi nding.” Three types of non-detriment fi ndings merit examination, as are discussed below. General non-detriment fi nding: First, the project will fulfi ll major objectives of the Downtown Area Plan (see “Project Objec- tives” and “Policy Context” above). The Downtown Area Plan itself satisfi es the requirements of the California Environmental Quality Act (CEQA), and has been adopted by the City Council, both of which indicate that the provisions in Downtown Area Plan are overall benefi cial to the public, both now and in the future. Second, all of the proposed uses are similar in size and intensity to other uses found throughout the downtown. These include both full- serve and quick-serve restaurants, retail bank, residential dwelling units, and hotel accommodations. The Downtown Area Plan also mentions these uses as important additions to the downtown, to meet its objective of creating a pedestrian-friendly downtown residential neighborhood. These types of uses are critical to creating a vibrant, downtown atmosphere, which is a major purpose of the Downtown Area Plan.

1.C. Applicant Statement / 25 The tall building itself provides numerous benefi ts to Berkeley citi- zens, and the proposed building meets all of the height and design criteria provided in the DAP. Except for the 120-foot diagonal and minor interior property line projections, the project is consistent with C-DMU setback standards. Non-detriment fi nding, to exceed the 120 foot diagonal: The project will exceed (with a Use Permit) the maximum 120-foot diagonal for the upper fl oors, due to proposal of additional condos. As a result, the site will be used somewhat more intensely than required by the Zoning Ordinance. As demonstrate in other fi ndings, this additional spaces does not increase adverse impacts on the surrounding area. Exceeding the 120-foot diagonal not only a necessary fi nancial incentive for attracting a hotel, the increased number of residences will also provide long-term public benefi ts without increasing nega- tive impacts in the project vicinity, and thereby satisfi es the required non-detriment fi nding. Non-detriment fi nding, to Operating Hours, 24 hours/7 days a week: The intrinsic nature of a hotel and conference facility is that they serve customers round the clock, every day of the week, especially the hotel. A hotel and conference facility cannot be limited to normal business hours. Since the hotel and conference center must operate around the clock, permits will be applied for to allow the restaurants to operate around the clock as well. Furthermore, the restaurant proprietors have not been chosen yet, so the project Owner will seek 24/7 permits to allow fl exibility. Hotel staff will be available on-site and available at all times. Should a late night activity become disruptive, the hotel manager can take any action necessary. For these reasons, allowing 24/7 restaurant operations can be properly managed and would bring important, complementary, and benefi cial activity to downtown. Non-Detriment Finding for Live Entertainment as an Inci- dental Use: Live entertainment will also bring important, complementary, and benefi cial activity to downtown – particularly given hat the project is part of downtown’s Art District. Potential impacts from live entertainment can be properly mitigated. The building will be constructed to protect residents and guests (on- and off -site) from noise impacts. Live entertainment activities will also be well monitored and can be eff ectively managed by hotel staff , as has been discussed under “Operating Hours” above. Required Findings for All Downtown Use Permits 23E.68.090.B.1. Compatibility with the Purposes of the Dis- trict: Uses and building proposed are compatible with the purposes of the C-DMU district, which expressly noted as being the goals of the Downtown Area Plan.

26 / 1.C. Applicant Statement DAP Policy LU-1.1 says “encourage hotels in the Core Area through incentives and height exceptions,” while Policy ED-1.11b also encourages a high-rise hotel by saying “consider other incentives for major hotel projects, commensurate with the unique public benefi ts that hotels are likely to deliver.” DAP Policies AC-2.1 and AC-5.1 call for enhanced streets that favor pedestrians and make inviting urban places. The project’s facade will address the street with active uses that open generously to the street and invite people in. Street-level windows will roll away along most of the Center Street frontage for a remarkable indoor-outdoor experience. The proposed project will provide pedestrian friendly uses (a retail bank; three restaurants) at street level, similar in size to other adjacent ground-fl oor uses nearby. Street improvements will strengthen Center Street as a destination and enhance pedestrian’s experience along the east leg of Shattuck Square. Sidewalks will be rebuilt consistent with the adopted Streets & Open Space Improvement Plan (SOSIP), and the project will pay its SOSIP fee, dedicated to downtown improvements in public spaces. In addition, the project will provide on-site open space accessible to the public, making it easier for people to interact, meet friends, etc. in the heart of the downtown, adjacent to a very busy pedestrian way. DAP Policy HD-4.1 calls for continuity with downtown’s historic ground-fl oor storefronts, while Policy HD-3.1 calls for continuous building street walls except for architectural expression at corners and for usable open space. While the proposed building design is con- temporary, it will respect the historic context for reasons noted above regarding the visual character and form of the District. DAP Policies ES-3.1, LU-1.5 and LU-4.1, and CAP Policy 1a call for high-intensity low-emission development close to BART and in downtown’s Core Area. The project will occupy one of the most transit-accessible sites in Berkeley, just steps away from the Down- town Berkeley BART station, 30 AC Transit bus lines, and shuttles to UC Berkeley and LBNL. In addition, car usage will be lower than other locations because of downtown’s density of “walk-to” destinations, shops and services. DAP Policy ES-4.1 requires LEED Gold environmental performance. The proposed project will meet the requirements necessary to maintain a LEED Gold environmental performance, as is discussed by project team member Environmental Building Strategies in an approach appearing in Application section III.D.1/III.D.2. LEED Gold performance can be gained in part from the site’s location and green building zoning requirements. Additional green building features will be spelled out during design review and development.

1.C. Applicant Statement / 27 DAP Policies LU-3.2, HC-3.3, and HC-3.4 call for diverse housing opportunities, especially larger dwellings and ownership opportunities. The project includes 43 condos with 1-, 2- and 3-bedroom units. Although the project itself will include no below-market-rate dwelling units, it will pay the condo in-lieu fee which goes to the Housing Trust Fund – along with the housing impact fees associated with commercial uses. This fund directly supports development of aff ordable housing throughout Berkeley. (For more discussion see Intrinsic Benefi ts above.) DAP Policies HC-3.2, LU-2.4, and AC-3.2 encourage fi nancial support for aff ordable housing, day care, street improvements, and transit, as well as much needed “hotel taxes” for the City. (For related discussion, see Intrinsic Benefi ts above.) Current City of Berkeley development fees and special taxes include: 23E.68.090.B.2. Compatibility with Surrounding Uses and Buildings: 2129 Shattuck will maintain continuity with and respect for surrounding neighbors. Street wall, cornice lines, human-scaled openings, and materials will complement downtown’s traditional fabric. The scale of neighboring buildings will be respected.as most of the building will appear to be 35 feet at the street and the low-rise bank-then-restaurant building will be adjacent to the Berkeley Art Museum / Pacifi c Film Archive. Most of the high rise will occupy the middle of the block. The tower is narrowest from east-to-west and will minimize its profi le as seen from the hills and UC Berkeley campus. The project’s proposed uses are already found in Downtown Berkeley. The bank, restaurants, hotels, and residents exist nearby. Although downtown does not currently provide a large conference facility, it does provide large meeting spaces dispersed throughout downtown. I.C.8 Environmental Effects The proposed project is subject to the requirements of the California Environmental Quality Act. The City has initiated and will oversee the preparation of a focused project-specifi c Environmental Impact Report (EIR) by planning consultant, Placeworks. This EIR be informed by the program-level EIR that was certifi ed by the City Council for the Downtown Area Plan, as well as project-specifi c EIRs in the vicinity.

28 / 1.C. Applicant Statement I.D Neighbor Pre-Application Contact Overview Community outreach and input that occurred prior to this application included the following. • February 3 & 4: meetings with stakeholder groups (see below); • February 19: review by Design Review Committee; • February 26: review by Zoning Adjustments Board; • March 2: Community Open House (see below); and • March 5: review by Landmarks Preservation Commission. Contact information for the project’s community liaison, Matt Taecker, has been included in most project-related announcements and materials distributed. Initial Stakeholder Group Meetings A series of stakeholder meetings were held on February 3 and 4. These meetings provided an opportunity to meet the project developers and principal consultants, and for attendees to ask questions and express concerns. Organizations represented in these meetings include: • Berkeley Architectural Heritage Association, • Visit Berkeley, • Downtown Berkeley Association, • Berkeley Chamber of Commerce, • Berkeley Repertory Theater, and • UC Berkeley. Meetings with stakeholder groups will continue throughout the entitlement process. Community Open House Time and Location. A Community Open House took place on Monday, March 3, 2015 from 5 to 7pm at the Marsh Theater at 2120 Allston Way in Berkeley. Invitations and Announcements. Attendance at the Open House was encouraged at the aforementioned ZAB, DRC and LPC meetings. The Open House was also announced by “Berkeleyside” in two separate articles on February 18 and March 1, and the Open House was mentioned in the Daily Cal on January 28, 2015.

I.D. Neighborhood Contact / 29 A color post card advertising the event was sent to over 800 residents and property owners within 500 feet of the project, using a distribution list provided by the City. Post cards were also addressed to numerous organizations, including but not limited to: • Visit Berkeley; • Berkeley Architectural Heritage Association; • Downtown Berkeley Association; • YMCA of the Central Bay Area; • Berkeley Chamber of Commerce; • Local 2850 Hotel Workers Union; • Alameda County Construction Trades Council; • Berkeley Art Museum / Paciﬁ c Film Archive; • McKinley-Addison-Grant Neighborhood Association; Postcard front. • Milvia-King Alliance; • Berkeley High Neighbors; • Urban Creeks Council; Open House for 2129 Shattuck: BerkeleyÕ s Mixed-Use High-Rise Hotel • Daughters for Social / Economic Change; You are invited to a public open house regarding • Bananas Inc.; development proposed for the Bank of America site in downtown Berkeley (2129 Shattuck). The open house will provide information and • Adams Broadwell Joseph & Cardoza; opportunities to comment. Topics will include: • economic benefits, • Public Notice Journal; and • conference space, • current design concepts, and • UC Berkeley Oﬃ ce of Facilities Services. • environmental initiatives. Public agencies and decision makers were also informed, in- The open house will be held at the Marsh Theater 2120 Allston Way, Berkeley CA 94704 cluding but not limited to: Monday, March 2, 2015 from 5 to 7 pm For information about the project, please email: • all Berkeley City Council Members; Matt Taecker, community liaison, at: [email protected] • Berkeley City Manager;

• Berkeley Directors for Planning & Development, Transpor- Text from postcard back. tation, and Economic Development;

• AC Transit; • BART; • Metropolitan Transportation Commission; and • Berkeley Central Library. The post card was sent two weeks before the Open House, and the post card was resent with time of day information (i.e. “5 to 7 pm) ten days before the event. Contact information for the project’s community liaison, Matt Taecker, was also provided on the card, and Taecker answered several inquiries regarding the time and format of the event.

30 / I.D. Neighborhood Contact Posters were posted in eight locations in the vicinity of the project and the event, including BART Plaza, adjacent to the project site, and on Allston Way at Oxford and at Shattuck.

Event poster at Shattuck Street and Center Street.

Purpose and Format. The Open House provided information about the 2129 Shattuck project, and oﬀ ered opportunities for community members to ask questions and comment. Com- ment cards were provided and comments have been compiled and are provided below.

Community members at the Open House.

I.D. Neighborhood Contact / 31 Topics covered by drawings and consultant members at the Open House included economic benefi ts, conference space, current design concepts, street design concepts, and environmental performance. Large presentation boards provided information on these topics, and were accompanied by project team members. Attendance. Over sixty-fi ve community members attended. Sign- in sheets for community members appear later in this section. Comments made during the Open House indicate that attendees represented a wide range of perspectives. Remarks made on comment cards are summarized below. Project team members in attendance include: Ed McFarlan, Princi- pal, JRDV; Sarah Bernhard, Project Manager, JRDV; Matt Taecker, Principal, Taecker Planning & Design; Kirsten MacDonald, Assis- tant Planner, Taecker Planning; and Jessica Tong, Assistant De- signer, Taecker Planning. Comment Card Results. Participants were off ered an opportunity to comment on comment cards. Comment card questions and remarks are summarized here. Comments in the same row were made by the same person.

What do you like most about What do you like least about What would make the project the proposed project? the proposed project? better?

Better architecture; More thoughtful ideas on how to work Density The design seems bland. within the urban fabric of Berkeley.

Good to have a hotel and in ﬁll; Lack of an attractive top design A top piece; Love the bike share pod on to the building Ð l ooks like a nice More bike parking; Shattuck; need public bike racks. box currently Shared street on Center St.

I like that the unit has so many The squeeze on parking. More parking mixed uses.

YMCA membership for Green/Sustainability; mixed use Parking limitations residents; YMCA access for hotel model guests.

Height of the building completely covers my building in shadows (2112 Addison). If I was able to tear down my bldg I would be OK with 12 ﬂoors or - (cannot now due to landmark less. 32 / I.D. Neighborhood Contact status), I would not care about the height of this building and I would rebuild mine to be 8-10 stories.

LEED Gold; Green roofs (if Park on ground ﬂoor; small Condos; Not enough parking done) public restrooms.

Additional hotel rooms in Still short on conference space; Cover outdoor conference space Berkeley outdoor plaza problematic

Provide some affordable housing units; Height; Condos; Lack of More hotel space for UC; Sense More community beneﬁts for affordable housing units; of place and power for one of the Berkeley residents; Consider Developers being bold and kind most central intersections in converting Center St. to a one- of unrealistic; Make a building Berkeley way street; that ﬁts in the downtown! On-site energy production + a green roof is a must.

Make 2nd/3rd Floor outdoor Exterior design is not very conference deck accessible to interesting. Please make it Ground ﬂoor restaurant and café public during non-event lunch beautiful; ItÕ s too uniform/ hours. Vary materials and planes monolithic at street wall.

Condos; Glass corner all the way up Restaurant; Bank on corner building at SW corner; Conference space More conference space

Location is a major downtown transit hub; Will need a lot of Require that the planned and attention to incorporate or future residential units are relocate; Parking structure Ð apartments; Add transit passes for Downtown Berkeley has an existing/future residents; Flesh abundance of structured parking. out transit stops; Coordinate with Garage entrance on Shattuck 2-way Shattuck, Bart Plaza; kills sidewalk life + will impact Currents drawings suggest transit vehicles; Same comment relocation of transit hub at NB Good to see transit passes for about loading bays. Shattuck btw Center + Addison. employees; Should be extended Rentals are more important than Previous block (Allston to to proposed/future residents condos; Condos will simply be Center) cannot accommodate the purchased by companies (for current volume of buses + temporary employee housing) or shuttles. AC transit needs a alumni who will Ò rentÓ out units reliable east/west corridor near on AirBNB; The bay area needs Bart to get buses from campus + to plan for + create rental units hills to downtown + further west. that can accommodate tenants at Can Center St be that street? If every phase of life (raising a not, what is the alternative? family).

Special attention to beautify the Massing at the corner; Bank of America at corner; Orientation toward Center St; loading dock; Size of condos; Lack of parking; Smart retail design guidelines; Loading dock right on Shattuck The outdoor decks A green roof/garden

Contributes to more of a downtown; Will block views to the east More sensitivity to scale of south Will bring more nighttime (hills); side of Center St population; Flat, platform-like roof Contributes needed hotel rooms

Coordinate major improvements - - on Center St with construction of hotel

Wider sidewalks on Shattuck and - - Center

Good to see more downtown development; Better landscaping Ð l iving - Good to see it does not have lots walls? Daylight creek? of parking

A tall building set a new standard Hotel instead of housing More housing! for downtown Berkeley

Need another hotel downtown; Lack of retail space on ground Retail space on ground ﬂoor is a A good café ﬂoor necessity

Glass corner should come all the way to street level; Leave Bank The glass corner at the upper The color of the brick material is of America in the temporary portion of the building boring; Needs a pop out color building + put a high end restaurant or café on corner with outdoor seating.

Green landscaping around Make it more distinctive; doesnÕ t - sidewalk; seating around planters have to be so generic.

Even more construction directly Engagement by hotel group with across the street from my Potential customers for my local local businesses re: opportunities business; business from hotel/ condos for partnerships or ways to Additional parking is laughably mitigate construction impact inadequate

Height of building; Insufﬁcient LEED Platinum would be better; LEED Gold certiﬁcation; Public parking; Reduce height; More parking or transportation provided for more support for public employees No provisions for affordable housing transportation

More imaginative architecture; The architecture is interesting but Insufﬁcient parking spaces will More parking downtown; not innovative Ð t hink Dubai + aggravate the downtown parking An overall downtown parking Mexico City, the Gaia bldg, the shortage; plan is needed; art deco bldg on Shattuck Trafﬁc Center St parking needs expansion.

Architectural articulation at street level; We need this! Rooftop garden open to public/ Bland architecture, devoid of paid events or maybe just green 2nd ﬂoor balcony area looks details at street level roof w/ occasional access; Giving great! people access to view might make people more amenable to height

Put restaurant on the corner, not a - Bank on corner bank; Banks kill shopping street

A top floor restaurant/bar/café The Height! open to all with different price Apparent lack of pedestrian scale points (happy hour, small plates) landscaping; Major concern Ð We need an affordable place to about light pollution Ð i tÕ s enjoy our view; Pedestrian level already hard to see the Big shrubs, ground covers would Dipper or moon anymore Ð ne w create a more enjoyable, intimate, The setbacks from the street tall buildings and Bart plaza will rich ambience as well as (doesnÕ t feel so oppressive that make this worse; Several levels ecological corridor (or part) for way) including the café of this: lights on bldg like safety/ connection + support of wildlife security lights, lampposts, light (butterflies, flowers) – see coming from rooms (residents www.greencities.org; could be required or strongly Use appropriate light fixtures, encouraged to use dark shades or light should always be pointed opaque curtains at night), accent downward + not be too bright Ð lighting or signage see www.darksky.org

A great looking building that will add a lot of activity right in the Nothing I donÕ t like Build it sooner heart of downtown

Some ornamentation or artwork Inclusion of housing The top feels a bit dull at top + base similar to Wells Fargo bldg

Out of place, both in appearance and in use; - - Common place, mediocre, unimaginative What do you like most about What do you like least about What would make the project the proposed project? the proposed project? better?

Better architecture; More thoughtful ideas on how to work Density The design seems bland. within the urban fabric of Berkeley.

Good to have a hotel and in ﬁll; Lack of an attractive top design A top piece; Love the bike share pod on to the building – looks like a nice More bike parking; Shattuck; need public bike racks. box currently Shared street on Center St.

I like that the unit has so many The squeeze on parking. More parking mixed uses.

YMCA membership for Green/Sustainability; mixed use Parking limitations residents; YMCA access for hotel model guests.

Height of the building completely covers my building in shadows (2112 Addison). If I was able to tear down my bldg I would be OK with 12 ﬂoors or - (cannot now due to landmark less. status), I would not care about the height of this building and I would rebuild mine to be 8-10 stories.

LEED Gold; Green roofs (if Park on ground ﬂoor; small Condos; Not enough parking done) public restrooms.

Additional hotel rooms in Still short on conference space; Cover outdoor conference space Berkeley outdoor plaza problematic

Make 2nd/3rd Floor outdoor Exterior design is not very conference deck accessible to interesting. Please make it Ground ﬂoor restaurant and café public during non-event lunch beautiful; It’s too uniform/ hours. Vary materials and planes monolithic at street wall.

Condos; Glass corner all the way up Restaurant; Bank on corner building at SW corner; Conference space More conference space

Location is a major downtown transit hub; Will need a lot of Require that the planned and attention to incorporate or future residential units are relocate; Parking structure – apartments; Add transit passes for Downtown Berkeley has an existing/future residents; Flesh abundance of structured parking. out transit stops; Coordinate with Garage entrance on Shattuck 2-wayI.D. Shattuck, Neighborhood Bart Plaza; Contact / 33 kills sidewalk life + will impact Currents drawings suggest transit vehicles; Same comment relocation of transit hub at NB Good to see transit passes for about loading bays. Shattuck btw Center + Addison. employees; Should be extended Rentals are more important than Previous block (Allston to to proposed/future residents condos; Condos will simply be Center) cannot accommodate the purchased by companies (for current volume of buses + temporary employee housing) or shuttles. AC transit needs a alumni who will “rent” out units reliable east/west corridor near on AirBNB; The bay area needs Bart to get buses from campus + to plan for + create rental units hills to downtown + further west. that can accommodate tenants at Can Center St be that street? If every phase of life (raising a not, what is the alternative? family).

Coordinate major improvements - - on Center St with construction of hotel

Wider sidewalks on Shattuck and - - Center

Good to see more downtown development; Better landscaping – living - Good to see it does not have lots walls? Daylight creek? of parking

A tall building set a new standard Hotel instead of housing More housing! for downtown Berkeley

Need another hotel downtown; Lack of retail space on ground Retail space on ground ﬂoor is a A good café ﬂoor necessity

Green landscaping around Make it more distinctive; doesn’t - sidewalk; seating around planters have to be so generic.

More imaginative architecture; The architecture is interesting but Insufﬁcient parking spaces will More parking downtown; not innovative – think Dubai + aggravate the downtown parking An overall downtown parking Mexico City, the Gaia bldg, the shortage; plan is needed; art deco bldg on Shattuck Trafﬁc Center St parking needs expansion.

Put restaurant on the corner, not a - Bank on corner bank; Banks kill shopping street

A top floor restaurant/bar/café The Height! open to all with different price Apparent lack of pedestrian scale points (happy hour, small plates) landscaping; Major concern – We need an affordable place to about light pollution – it’s enjoy our view; Pedestrian level already hard to see the Big shrubs, ground covers would Dipper or moon anymore – new create a more enjoyable, intimate, The setbacks from the street tall buildings and Bart plaza will rich ambience as well as (doesn’t feel so oppressive that make this worse; Several levels ecological corridor (or part) for way) including the café of this: lights on bldg like safety/ connection + support of wildlife security lights, lampposts, light (butterflies, flowers) – see coming from rooms (residents www.greencities.org; could be required or strongly Use appropriate light fixtures, encouraged to use dark shades or light should always be pointed opaque curtains at night), accent downward + not be too bright – lighting or signage see www.darksky.org

A great looking building that will add a lot of activity right in the Nothing I don’t like Build it sooner heart of downtown