Z
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A D J U S T M E N T S
B
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S t a f f
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R e p o r t
FOR BOARD ACTION
JULY 9, 2015
1919 & 1955 Fourth Street, 1914 Fifth Street
& 740 & 750 Hearst Street – Spenger’s
Use Permit Modification #ZP2015-0054, to allow various refinements and
adjustments to the project approved by the ZAB on November 13, 2014
(UP2014-0041).
I.
Background
A. Land Use Designations:
 General Plan: Avenue Commercial
 Zoning: C-W West Berkeley Commercial, Designated Node
B. Zoning Permits Required: No new Use Permits are required. The proposed project
modifications all fall within the permissible parameters of the Use Permits approved
on November 13, 2014 (UP2014-0041), which are as follows:
 Use Permit to demolish an existing building and a portion of another building, per
BMC Section 23C.08.050;
 Use Permit to establish more than 7,500 sq. ft. of new retail uses, per BMC
Section 23E.64.030;
 Use Permit to establish more than 5,000 sq. ft. of new office uses, per BMC
Section 23E.64.030;
 Administrative Use Permit to create a full serve restaurant with between 1,501
and 2,500 sq. ft., per BMC Section 23E.64.030;
 Administrative Use Permit to create Outdoor Cafe Seating for a restaurant, per
BMC Section 23E.64.030;
 Administrative Use Permit to establish incidental service of beer and wine within
the new restaurant, per Section 23E.64.030; and
 Use Permit to create more than 5,000 sq. ft. of new floor area, per BMC Section
23E.64.050.B.1.
C. CEQA Determination: Categorically exempt pursuant to Sections 15331 & 15332
of the CEQA Guidelines (“maintenance, restoration, and preservation of historical
resources”, and “infill development projects”).
D. Parties Involved:
 Applicant Till Houtermans, Kahn Design Associates, 1810 Sixth St., Berkeley
 Owner
Jamestown, LP, 1700 Montgomery St., Suite 3155, San Francisco
2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474
E-mail: zab@ci.berkeley.ca.us
Fax: 510.981.7420
SPENGER’S -1919 & 1955 FOURTH STREET,
1914 FIFTH STREET & 740 & 750 HEARST STREET
Page 2 of 8
ZONING ADJUSTMENTS BOARD
July 9, 2015
Figure 1: Vicinity Map
File: G:\LANDUSE\Projects by Address\Fourth\1915-55- Spenger's (see also 750 Hearst)\ZP2015-0054_UPMOD\Document Finals\2015-07-09_ZAB RPT - Spengers_UPMod.docx
SPENGER’S -1919 & 1955 FOURTH STREET,
1914 FIFTH STREET & 740 & 750 HEARST STREET
Page 3 of 8
ZONING ADJUSTMENTS BOARD
July 9, 2015
Table 1: Land Use Information
Location
Subject Property
Surrounding
Properties
Existing Use
Restaurant, Retail
Zoning District
C-W, Node
North
Retail, Office
C-W, MU-R
South
Retail
C-W
East
Retail, Office
C-W, MU-R
West
Parking
C-W
General Plan Designation
Avenue Commercial, Node
Avenue Commercial,
Manufacturing Mixed Use
Avenue Commercial, Node
Avenue Commercial,
Manufacturing Mixed Use
Avenue Commercial, Node
Table 2: Project Chronology
Date
November 13, 2014
March 16, 2015
June 18, 2015
July 9, 2015
II.
Action
UP 2014-0041 Approved by ZAB
Application to modify UP 2014-0041 received
Design Review Committee: Final Design Review Approval
ZAB Hearing
Project Background and Modification Request
A. Introduction: On June 26, 2014, Abrams-Millikan applied for Use Permits for a
multi-faceted redevelopment and adaptive reuse project that involved the existing
buildings and parking lots on the block bounded by Fourth Street, Hearst Street, Fifth
Street, and University Avenue, in West Berkeley. On November 13, 2014, the
Zoning Adjustments Board approved the project, including all necessary Use Permits
and adopted the appropriate Findings and Conditions of Approval. This approved
project included the following: 1) the construction a 2-story, retail and office building
at the southeast corner of Fourth & Hearst; 2) the demolition of an office addition at
the northern end of the Spenger’s restaurant building at 1919 Fourth; 3) the
conversion of a portion of the Spenger’s restaurant space to retail space; 4) the
conversion of a portion of the Spenger’s restaurant space to a beer garden
restaurant with an exterior seating area; 5) the demolition of a retail building at 1914
Fifth Street; 6) the construction a 2-story building at the southwest corner of 5th &
Hearst; and 7) the reconfiguration and expansion of the existing parking lot at the
corner of Fifth and University to provide 104 parking spaces.
In the subsequent months, the project architects and owner, reviewed and refined
the approved plans, affecting the proposed design of the new structures proposed,
the interior spaces of Spenger’s restaurant, the modifications to the existing Paper
Source and Anthropologie retail stores, the site drainage and landscaping plan and
the parking. While no additional Use Permits are requested or required, Staff has
determined that the proposed modifications to the project design should be reviewed
and approved by the Board.
B. Approved Project and Proposed Modifications: Figure 2 is the ground level site
plan of the project approved with UP# 2014-0041, while Figure 3 is the revised site
plan that is the subject of this Use Permit Modification request. A description of the
approved project, feature by feature, follows, with the proposed modifications
summarized in the subsequent paragraphs:
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SPENGER’S -1919 & 1955 FOURTH STREET,
1914 FIFTH STREET & 740 & 750 HEARST STREET
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ZONING ADJUSTMENTS BOARD
July 9, 2015
Figure 2: Approved Site/Ground Floor Plan – per UP#2014-0041
File: G:\LANDUSE\Projects by Address\Fourth\1915-55- Spenger's (see also 750 Hearst)\ZP2015-0054_UPMOD\Document Finals\2015-07-09_ZAB RPT - Spengers_UPMod.docx
SPENGER’S -1919 & 1955 FOURTH STREET,
1914 FIFTH STREET & 740 & 750 HEARST STREET
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ZONING ADJUSTMENTS BOARD
July 9, 2015
Figure 3: Proposed Site/Ground Floor Plan
File: G:\LANDUSE\Projects by Address\Fourth\1915-55- Spenger's (see also 750 Hearst)\ZP2015-0054_UPMOD\Document Finals\2015-07-09_ZAB RPT - Spengers_UPMod.docx
SPENGER’S -1919 & 1955 FOURTH STREET,
1914 FIFTH STREET & 740 & 750 HEARST STREET
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ZONING ADJUSTMENTS BOARD
July 9, 2015
Spenger’s Restaurant. The proposed project would preserve the Spenger’s Fish
Grotto Restaurant, and the most historically significant architectural features of the
building would be retained and rehabilitated. The interior space of would be reduced
to a more manageable size and the office building would be removed to open up the
center of the block and allow the creation of a pedestrian “paseo.”
Modifications to the Spenger’s complex include the creation of four retail shops
where the Banquet Room is now located. They would front on the “paseo” and the
corner shop would have two windows along the Fourth Street frontage. The existing
Fish Market retail space would remain in retail use, and a new storefront/entrance
would be created. The proposed Beer Garden restaurant and patio would be
constructed in an area that is now a loading dock and storeroom space for the
Spenger’s Restaurant.
Proposed Plan Revisions: Spenger’s restaurant interior space would be further
reduced (previously to 15,860 sf; now to 14,470 sf); the Fish Market retail space
would increase (previously 1,900 sf; now 3,074 sf); the Paseo retail shops
would increase from 3,890 sf to 4,410 sf; and the proposed Beer Garden
restaurant space and patio layout would be modified to address site grade,
access and loading dock demolition considerations- but not enlarged. Access to
the existing finished space above the proposed Paseo shops would not be
relocated, but would continue to be on Fourth Street. The alterations to the
Spenger’s Fourth Street façade that were approved by the LPC would be
implemented without change.
Zentrum Building. The former Zentrum building is a metal shed style structure, built in
1967. It is proposed to be demolished, so as to expand the parking lot behind
Spenger’s on Fifth Street.
Proposed Plan Revisions: No change.
The “Paseo”. The pedestrian “Paseo” would extend through the block with a wide
entrance on Fourth Street. There would be shops on both sides, four where the
Spenger’s Banquet Room is now and one at the rear of the Paper Source building. A
beer garden restaurant would be added in the central area of the Paseo and a row of
small incubator retail shops would be provided along the Paseo east of the beer
garden.
Proposed Plan Revisions: The Paseo would not change conceptually, but there
would be minor design changes. The building face of the new shop behind the
Paper Source would be aligned with the rear wall of Anthropologie; the Beer
Garden Patio would be slightly larger and would incorporate a planter; and the
bike parking at the corner of the Paseo and parking lot would be relocated to
facilitate easier pedestrian access.
Fourth and Hearst Commercial Building. The proposed new two-story commercial
building at the corner of Fourth Street and Hearst Avenue would fill in an existing
File: G:\LANDUSE\Projects by Address\Fourth\1915-55- Spenger's (see also 750 Hearst)\ZP2015-0054_UPMOD\Document Finals\2015-07-09_ZAB RPT - Spengers_UPMod.docx
SPENGER’S -1919 & 1955 FOURTH STREET,
1914 FIFTH STREET & 740 & 750 HEARST STREET
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ZONING ADJUSTMENTS BOARD
July 9, 2015
parking lot with retail and office space. There would be eight retail storefronts on the
ground floor and tenant-configurable office space on the second floor.
Proposed Plan Revisions: The location and configuration of this building would
not change. It would be slightly larger (17,980 sf vs. 17,695 sf) and height would
increase from 30 ft. to 32 ft. so as to better screen pedestrian views of rooftop
mechanical equipment.
Fifth and Hearst Retail Building. A new retail shop would be constructed east of
Anthropologie, at the corner of Fifth Street and Hearst Avenue. A loading zone would
be provided behind the building to serve the retail stores in, and adjacent to, the
Paseo.
Proposed Plan Revisions: This building was proposed to have 2 floors and
5,720 sf.; now it is proposed to have one floor and a mezzanine with a total of
5,415 sf. The height would increase from 25 ft. to 28 ft. accommodate the
mezzanine, roof slope and mechanical equipment. Additional windows and a
storefront entry would be added along the east elevation.
Paper Source: The entry to the Paper Source store (740 Hearst) would be
reconstructed with a new access ramp, new front windows and a new door. New
bathrooms would be added and the rear of the existing shop would be modified to
create a new storefront facing the Paseo.
Proposed Plan Revisions: There would be no conceptual change to the Paper
Source space renovations, although the area measurements and plan details
have been updated. The store would have 3,070 sf and the Paseo retail shop
would have 943 sq. ft, as compared to 3,255 sf and 940 sf, respectively. The
new Paseo retail shop would have a wood siding façade rather than stucco.
Parking. There are currently 77 parking spaces on the block. Twenty existing spaces
at the corner of Fourth Street and Hearst Avenue and eleven existing spaces at the
corner of Fifth St. and Hearst Ave. would be lost with construction of the new
commercial buildings at those locations. The existing parking area at the corner of
Fifth St. and University Ave would be reconfigured and expanded to 104 spaces 1. The
new parking lot would also include 3 charging stations for electric vehicles and 4
spaces reserve for low emission vehicles. 44 bicycle parking spots would also be
provided.
Proposed Plan Revisions: There would be one less parking space (103 total)
because the restaurant would be smaller. Total parking provided would still
exceed the minimum required amount.
Landscaping. The site would be far more extensively landscaped than it is today,
extending Fourth Street’s dense street tree canopy south with deciduous trees in front
of the new commercial buildings and in the Paseo. Three existing trees on the sites of
1
Spenger’s restaurant also has leased parking for 100 automobiles in the lot across Fourth Street, and those spaces would
remain available.
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SPENGER’S -1919 & 1955 FOURTH STREET,
1914 FIFTH STREET & 740 & 750 HEARST STREET
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ZONING ADJUSTMENTS BOARD
July 9, 2015
the proposed new commercial buildings would be removed. In order to fulfill Alameda
County’s Provision C.3 requirements for stormwater runoff treatment and detention a
number of bioswales and filtration planters would be incorporated into the project.
Most would be in the parking lot, but they would be constructed in the Paseo, and
adjacent to the new retail building on the corner of Hearst Avenue and Fifth Street.
Proposed Plan Revisions: The landscaping plans have been refined and
detailed further, but there have been no changes in the overall concept.
The existing mid-block loading dock for Spenger’s would be removed. The restaurant
would be supplied from an existing loading dock near University Avenue and from a
new loading area designated in the new parking lot. Loading for the new and existing
retail space would be provided at the Fifth Street end of the Paseo.
With the consolidation of the parking, five curb cuts will be removed, while one will be
added and one will be widened. This would result in a net gain of 3 - 4 on-street
parking spaces.
Proposed Plan Revisions: The loading docks will be reconfigured and the onstreet parking will increase, as proposed.
III. Issues and Analysis
No additional Use Permits are required as a result of the proposed plan modifications,
and the only changes needed to the approved Findings/ Conditions are to reflect the
revised project and the date of the plans. This change is noted below:
“30. All landscape, site and architectural improvements shall be completed per the
attached approved drawings dated July 2, 2015.”
IV. Recommendation
Because of the project’s consistency with the Zoning Ordinance and General Plan, and
minimal impact on surrounding properties, Staff recommends that the Zoning
Adjustments Board APPROVE Use Permit Modification #ZP2015-0054 pursuant to
Section 23B.32.040 and subject to the attached Findings and Conditions (see
Attachment 1).
Attachments:
1. Findings and Conditions
2. Project Plans, dated July 2, 2015
Staff Planner: Greg Powell, gpowell@ci.berkeley.ca.us, (510) 981-7414
Expedited Planning Consultant: Doug Donaldson, dougdonaldson@me.com, (510) 528-3684
File: G:\LANDUSE\Projects by Address\Fourth\1915-55- Spenger's (see also 750 Hearst)\ZP2015-0054_UPMOD\Document Finals\2015-07-09_ZAB RPT - Spengers_UPMod.docx