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Updated: Motion on the 2211 Harold Way Project

From: Councilmembers Anderson and Arreguin
Friday December 11, 2015 - 01:07:00 PM

EDITOR'S NOTE: These motions were introduced by the two councilmembers on Tuesday. They display an excellent grasp of the relevant issues, but unfortunately they were summarily rejected by the council. majority


Move that the Berkeley City Council remand:


  1. The Environmental Impact Report for the 2211 Harold Way project for further analysis, revision and recirculation on the following issues:  

     

     

  1. Study the impact of the demolition of the Postal Annex Building, not as a free-standing building, but rather as part of an interconnected landmark building that encompasses the entire block. The Annex Building is part of the designated Shattuck Hotel building and block, which is subject to CEQA review. The review requires a study of the size, scale, and potential, cumulative impact of the project on the historic resource, including consideration of Downtown Plan objectives and a full economic impact analysis of theater removal.
  1. Consider the project in the context of a designated school zone and revise the project description accordingly. Conduct site specific studies regarding the project impacts on Berkeley High School and Washington School in the areas of noise, air quality, traffic, safety, and parking. Include in consultation with the BUSD Director of Facilities and Berkeley High School Safety Committee enforceable project mitigations that meaningfully address the health, safety and welfare of students.
  1. Study the impacts of the project on the westerly views from Campanile Way, as the staff and LPC improperly stated that the property was not on the National Register of Historic Places when in fact it is eligible for the National Register. Under CEQA historic resources eligible for the National Register must be evaluated in the same manner as historic resources that are already listed.
  1. Consider the Environmental Impacts of the Removal and Disposal of the large amount of Excavation Debris required for the project and geotechnical information.
  1. The Economic Impacts of the project of the loss of revenue from the theaters and potentially after construction must be disclosed in the EIR in determining the significance of the Physical Changes of the project.
  1. Conduct an updated Traffic Study which accounts for increased vehicle trips/circulation impacts after the opening of Building G on the BHS campus.
  1. Consider the Environmental Effects of the proposed Significant Community Benefits, specifically the expanded excavation under the Shattuck commercial strip necessary to accommodate the theaters, and the impact of the relocation of Habitot.
  1. Structural Alteration Permit No. 13-40000002 and related findings and conditions back to the Landmarks Preservation Commission to:
  1. Study the impact of the demolition of the Postal Annex Building, not as a free-standing building, but rather as part of an interconnected landmark building that encompasses the entire block. The Annex Building is part of the designated Shattuck Hotel building and block, which is subject to CEQA review. The review requires a study of the size, scale, and potential, cumulative impact of the project on the historic resource, including consideration of Downtown Plan objectives and a full economic impact analysis of theater removal.
  1. Study the impacts of the project on the westerly views from Campanile Way, as the staff and LPC improperly stated that the property was not on the National Register of Historic Places when in fact it is eligible for the National Register. Under CEQA historic resources eligible for the National Register must be evaluated in the same manner as historic resources that are already listed.
  1. Remand the decision of the Zoning Adjustments Board to approve Use Permit No. 13-10000010 back to the ZAB for the purposes of holding a public hearing to consider the following issues:
  1. Consider the revised, re-circulated EIR
  1. Impose appropriate, enforceable mitigation measures to address the impacts of the project on Berkeley High School and Washington School, specifically those recommended by the Berkeley Unified School District and Berkeley High Safety Committee (attached hereto).
  1. Commission a third party economic analysis of the applicant’s pro-forma to determine the estimated profits of the proposed project, in order to set a community benefits fee at an amount that is “significant” compared to the project’s value. The analysis should look at the value of the underlying rent of the upper floors, only achievable with the grant of the zoning exception.
  1. Revise the Significant Community Benefits Package to reflect the increased value of the project.