Live Oak/Codornices Creek Neighborhood Association (LOCCNA)

8 foot high fence in SW corner

Notice of Administrative Decision

Letter from Congregation Beth El requesting 8' high fence

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NOTICE OF ADMINISTRATIVE DECISION

1301 OXFORD STREET

Administrative Use Permit #04-20000152

ZONING OFFICER DECISION: The Zoning Officer has APPROVED, pursuant to Zoning Ordinance Section 2313.28.050 and subject to the attached findings and conditions, a Use Permit at the above address to construct an 8' retaining wall under Section 23D.08.060.A.2.

APPEAL PERIOD: November 23, 2004 to December 13, 2004

ZONING DISTRICT: R-l(H) Single Family Residential -Hillside

APPLICANT: Alex Bergtraun, Architect - 5500 Doyle Street, Emeryville, CA 94608

ENVIRONMENTAL REVIEW STATUS: Categorically exempt under the California Environmental Quality Act Guidelines, Section 15301 - Minor alteration of existing structures or facilities.

PUBLIC COMMENT AND APPEALS

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Questions and comments should be directed to the project planner, Vu-Bang Nguyen, at (510) 981-7410 or vnguyen@ci.berkeley.ca.us. All project application materials, including full-size plans, maybe viewed at the Permit Service Center, 2120 Milvia Street, during normal office hours.
The Zoning Officer's decision maybe appealed by submitting a letter clearly stating the grounds for the appeal, along with the required fee. (The fee for applicants is $1,156.00; All others $63.00) to: Zoning Officer, Current Planning Division, 2120 Milvia Street, Berkeley, CA 94704. The appeal letter and fee must be received at the above address before 5 p.m. on December 13, 2004 Checks and money orders must be payable to 'City of Berkeley'.

If no appeal is received, the Administrative Use Permit will be issued on the first business day following expiration of the appeal period. Based on comments received, the Zoning Officer may extend the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS

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If you object to a decision of the Zoning Officer, the following apply:

1. No lawsuit challenging a City decision to approve (Government Code §65009(c)(5)) or deny (Code of Civil Procedure § 1094.6(b)) a Use Permit or Variance may be filed more than 90 days after the date the decision becomes final, as defined in Code of Civil Procedure § 1094.6(b). Any lawsuit not filed within that 90-day period will be barred.

2. Any lawsuit challenging a City decision to approve or deny a Use Permit or Variance will be limited to the issues and evidence raised orally or in writing at a public hearing on the project.

3. Any appeal that is based on the belief that this decision, or any conditioh attached to it, (1) denies reasonable economic use of the subject property, (2) was not sufficiently related to a legitimate public purpose, (3) was not sufficiently proportional to any impact of the project, or (4) for any other reason constitutes a "taking" of property for public use without just compensation under the California or United States Constitutions, must state that this belief is a basis of the appeal and must provide all evidence and argument in support of such belief. Otherwise any legal right to claim that property has been taken, both before the City Council and in court, will be waived.

FINDINGS FOR APPROVAL

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As rêquiredby Section-2313.28.050 AöftheZoning Ordinance,- the construction of an 8' retaining wall under the circumstances of this particular case existing at the time at which the application is granted, will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the 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 because:

• The only adjacent property affected by the proposed wall is the neighbor specifically asking for its construction.
• The fence creates more privacy and limits the possible noise impacts of the nursery school located near the neighbor's property to the south.
• The fence has no detrimental impacts on light and views for the southerly neighbors because of its location; shadows will be cast predominantly onto the Beth El property and the wall will create more privacy between neighbors by blocking unwanted views between the residential property to the south and the nursery to the north.
• The proposed fence has no detrimental impacts on the light, air, privacy and view of all other neighbors in the vicinity.
• The wall will not be detrimental to views from the public right-of-way because of its location and proposed natural foliage on the property; only 17' of the proposed wall will be visible from Oxford Street.
• The wall's size, material, and construction type are necessary to dampen the noise from the nursery school as well as provide adequate privacy for the nursery school children.

STANDARD CONDITIONS

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The following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans
The following conditions shall be printed on the first sheet, or on the next sheet thereafter as may be practical, of each plan set submitted for a building permit pursuant to this Use Permit, under the title 'City of Berkeley Conditions of Approval'.

2. Applicant Responsible for Compliance with Conditions
The applicant shall ensure compliance with all of the following conditions, including submittal to the project planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or revocation of the Use Permit.

3. Uses Approved Deemed to Exclude Other Uses (Section 23B.56.OlO)

A. This Permit authorizes only those uses and activities actually proposed in the application, and excludes other uses and activities.

B. Except as expressly specified herein, this Permit terminates all other uses at the location subject to it.

4. Modification of Permits (Section 23B.56.020)
No change in the use or structure for which this Permit is issued is permitted unless the Permit is modified by the Zoning Officer, except that the Zoning Officer may approve changes that do not expand, intensify, or substantially change the use or building.

5. Plans and Representations Become Conditions (Section 23B.56.030)
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.

6. Subject to All Applicable Laws and Regulations (Section 23B.56.040)
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Building and Safety Division, Public Works Department and other affected City divisions and departments.

7. Exercised Permit for Use Survives Vacancy of Property (Section 23B.56.080)
Once a Permit for a use is exercised and the use is established, that use is legally recognized, even if the property becomes vacant, except as set forth in Standard Condition #8, below.

8. Exercise and Lapse of Permits (Section 23B.56.100)

A. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the property.

B. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

C. A permit maybe declared lapsed and of no further force and effect if it isnot exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.

SPECIAL CONDITIONS IMPOSED BY THE ZONING OFFICER

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Pursuant to BMC 23B.28.050.D, the Zoning Officer attaches the following additional conditions to this Permit:

Prior to Issuance of Any Building Permit

9. The height and location of the proposed structure, property lines and spot elevations shall be verified by a licensed surveyor or engineer on site after foundation forms are placed, but before pouring concrete or placing construction material in its permanent position. This verification shall be to the satisfaction of the Zoning Officer.

10. Prior to issuance of a building permit, the applicant shall provide the project planner with the name and telephone number of the individual empowered to manage construction noise from the project. The individual's name, telephone number, and responsibility for noise management shall be posted at the project site for the duration of construction in a location easily visible to the public. The individual shall record all noise complaints received and actions taken in response, and submit written reports of such complaints and actions to the project planner on a weekly basis.
Individual Responsible for Noise Management:
Name:
Phone:

11. Prior to issuance of a building permit, the applicant shall secure the Solid Waste Management staff's approval of a plan for storage and collection of recyclable materials from construction and demolition activities. Call 981-CITY (2489) for Solid Waste contact information.
City Monitor: Solid Waste Mgmt.

12. Prior to issuance of a building permit, the applicant shall secure the City Traffic Engineer's approval of a construction traffic management plan. In addition to other requirements of the Traffic Engineer, this plan shall include the locations of material and equipment storage, trailers, worker parking, a schedule of site operations that may block traffic, and provisions for traffic control. The City Zoning Officer and/or Traffic Engineer may limit off-site parking of construction-related vehicles if necessary to protect the health, safety, or convenience of the surrounding neighborhood.

Call 981-CITY (2489) for Traffic Engineer contact information.
City Monitor: Traffic Engineer

During Construction

13. Construction activity shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, and between 9:00 a.m. and noon on Saturday. No construction-related activity shall occur on Sunday.

14. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division, and carry out any necessary corrective action to their satisfaction.

15. Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site.

16. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one-eighth millimeter in thickness and secured to the ground.

17. All active construction areas shall be watered at least twice daily, and all piles of debris, soil, sand or other loose materials shall be watered or covered.

18. Trucks hauling debris, soil, sand, or other loose materials shall be covered or required to maintain at least two feet of board.

19. Public streets shall be swept (preferably with water sweepers) of all visible soil material carried from the site.

Prior to Issuance of Occupancy Permit or Final Inspection

20. Prior to issuance of occupancy permit or final inspection, all construction at the subject property shall substantially conform to the approved Use Permit drawings or to modifications approved by the Zoning Officer.

21. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated 10-07-04
AtAllTimes:

22. All exterior lighting shall be shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.

23. The applicant shall establish and maintain drainage patterns that do not adversely affect adjacent properties and rights-of-way. Drainage plans shall be submitted for approval of the Building & Safety Division and Public Works Department, if required.

24. The applicant shall ensure that all excavation takes into account surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.

[Signed]
Mark Rhodes, Zoning Officer

Prepared by: Vu-Bang Nguyen

Attachments: Applicant Statement and Project Plans

cc: Zoning Adjustments Board
Building and Safety Division
Applicant
Abutting & Confronting Properties (OR Properties Within 300 Feet)
Neighborhood Groups
Main Library

CURRENT PLANNING

Wendy Cosin
Interim Planning Director
City of Berkeley Proposed Administrative Use Permit for an 8 foot sound wall between 1301 and l3O5 Oxford Street
Congregation Beth El New Synagogue and School 1301 Oxford Street, Berkeley

Ms. Cosin,

Congregation Beth El is requesting the approval for an 8 foot integral colored, stucco covered sound wall to be placed on Beth El's property at the property line between it and it's southerly neighbors, the Wengraf-Berg ers, at 1305 Oxford Street. This wall has been requested by the Wengraf-Bergers and the congregation is building it to attenuate the possibility of too much sound from the Nursery School kids playing in the Nursery School play yard abutting this southerly property.

The wail will be built up as a pilastered wall covered in an integral color stucco with an articulated cap and will be planted out with vegetation that will creep onto it and eventually cover the wall itself.

During the prior approval process the possible potential for noise generated by the NurserySchool was noted by the neighbors and this sound wall is the product of extensive discussions and design development that ensued between the Synagogue and the Wengraf-Bergers.

It is our hope that Beth El may get swift approval on this wall so that it can fulfill it's promise to it's neighbors to build this sound attenuating barrier for them.

[signed]
Alex Bergtraun
Owner's Rep. for Congregation Beth El
1301 Oxford St. Project
P: 510-652-0612, ext. 1#
F: 510-652-0613

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