Hello everyone. Welcome to the two minutes past the top of the hour, 7 p.m. So we can
go ahead and get started. Welcome back to our regularly programmed zoning adjustments
board now monthly meeting. We're going to go ahead and get started with agenda prerequisites.
Accessibility information. This material is available in alternative formats upon request.
let me restart, sorry. You can access the zoning adjustments board packet online at the city's
website, find the link on the printed agenda, live caption broadcasts are also available
through the city's website. It's available in alternative formats upon request and you can
email ada at berkeleycalifornia.gov for that. Public advisory. This meeting will be conducted
a hybrid model with both in-person and virtual participation. The teleconference will be
recorded as any ZAB meeting is recorded and all other rules of procedure and decorum will
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If you wish to comment during the public comment portion
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Should I read written communications?
Okay.
Thank you for participating in our public advisory.
Now we will do our roll call vote
and ex parte communications.
When I call your name, please state present
and disclose any ex parte communications.
Commissioner Duffy.
Present, no ex parte.
Commissioner Thompson.
Present, no ex parte.
Commissioner Kramer.
present and I had a brief email exchange with Mark Rhodes about the timeline for the project and bikes
Thank You. Commissioner Allen
present no expert a
Commissioner Troy present no expert a vice chair young
Present and I had a
Exchange with Mark Rhodes about how many Zab members I believed would be in attendance
Thank you regarding the Bancroft project
Thank You commissioner bins
present no expertise. All right now we're on to public comment you may give
public comment on non-agenda items at this time so you can either submit a
green card or raise your hand virtually so if you do not if you have a public
comment that is not related to the Oxford Street Telegraph Avenue or
Bancroft Way projects then you can here's your opportunity to provide your
public comment.
We will now go through
our in-person non-agenda public comments.
We will start with our in-person comments.
No in-person comments.
Now, if you're a virtual attendee,
this is your opportunity to raise your virtual hand
and provide comment on non-agenda matters.
And it looks like we have one.
Okay, it looks like Bonnie Zhu,
we have your digital hand raised.
So you should have, I believe,
Three minutes is the typical allotted time.
You now have permission to start talking
and the clock should start once you start.
Committee number two, to the board
and to the planning director and the city auditor
on criminalized and institutionalized
plan 6-2, basically 24-25, Doran.
You can unit permit for a developer who openly operates
under a 15 unit limit,
call center style text only skeleton crew per task model
to evade the 16 unit on-site manager mandate.
It's to invade the 16 unit on-site manager mandate.
And it's a density fraud.
The developer pockets the actual flaws and entitlement
from the 19 unit count.
while also parking the mandate on-site manager salary
by staffing for the 15 union limit.
This cost of this double dipping
is tenants' lives and habitability.
So, and the most critical issue tonight is legal novelty.
The permit is a void abbey initial
under the strict rules of government code section 1099.
political novelty from exception, personal recursors cannot cure this 1090 violation
of this nature, and as shown by the abundant judicial president, I'm going on with a consultant
at the formal city planner manager. So I've already reported this since October last again.
Um, Bonnie, I just want to note that you're sorry, the density
integrity, okay, we have another speaker.
Thank you for your comment.
Uh, your time was up.
I just want to note for the record that your connection seemed a little bit broken up.
However, we did receive your written communication and if I can editorialize,
um, it does sound like a lot of the issues you're facing do relate to maybe
subject matter that the Berkeley Rent Board may potentially be better equipped to address. Thank
you so much for providing public comment. Now we are on to our consent calendar.
So on our consent calendar we have a few items including our meeting minutes from our March
meeting leave of absence use permit modification for Oxford Street another
one for Telegraph Avenue so I will also at this point pass the mic on to staff
to discuss some supplemental information slash changes to our consent calendar so
staff wants to let Zab know that we have found an error in the March 12th
of 2026 draft meeting minutes,
and we ask that the ZAB not vote on that tonight.
Staff will correct the error
and bring it up at the next meeting in May to vote on.
Thank you so much.
All right, now we are on to public comment
for our consent calendar.
So as I explained previously,
if you have in-person comments,
please feel free to submit a green card.
If you have, if you are a digital attendee,
please feel free to begin cueing
and raising your digital hand at this point.
We will begin with in-person comments.
So first, we have Stephen Schuler,
sorry if I mispronounce your name,
please feel free to come up to the microphone.
I'll leave that decision to Zab deliberation
following public comment.
My name is Stephen Schuyler.
A lot of you know me.
Qualified immunity and willful neglect.
Advanced legal notice of strips boards of immunity.
A yes vote can expose you members to personal liability
for ADA violations that currently exist at this address.
I've shown you pictures
and you have full knowledge of what's there.
You can even walk the block yourself.
I've lived here for 17 years.
Some of this I've even mentioned that these have been here
since some of you have been born.
It's been that long.
There's even precedence here.
The address of 1192 Oxford Street,
you demanded that the homeowner at that address
fix their sidewalk immediately.
So if you wanna put this monstrosity of a tower,
we better have them fix the sidewalk immediately too.
So there's precedents here.
If you let this go without them fixing it,
there's no remedy to fix it later because there's no room.
But I've offered an off-ramp here.
There's a suggested that I put in there in writing.
And there's also an unpermitted obstruction, the stools.
So me and Mr. Mueller have verified.
And as of 5 p.m. tonight, four days later,
after I've told all of you that it's there,
I have a picture, the stools are still there.
No one of all of you who have been told about it
has ever taken care of this.
It's not my job to go through the process.
Someone in this city and the city council
needs to deal with this.
It's ridiculous.
Thank you so much for your public comment.
Our next commenter is Melanie Wise.
Good evening.
My name is Melanie Wise,
and my husband Dave here is with me.
We own 2711 Dana Street.
It's the property directly behind
and to the west of the 2712 Telegraph Project.
We have two concerns about this modification,
but the staff report does not adequately address.
The first is the setback reduction.
The rear setback is being reduced
from eight feet, four inches to three feet.
One inch, a loss of more than five feet.
That's a 63% reduction.
The building will be almost on our property line.
The staff report calls this an adjustment
and says the massing won't significantly change.
From where we live, moving a six-story building
five feet closer is not an adjustment.
It's a substantial change.
Before the 2023 hearing,
we worked directly with the developer and architect.
In response to our concerns,
they agreed to plant trees along the rear of their lot.
At three feet, one inch, there's no room for those trees.
That concession has been eliminated by this modification.
Our second concern is the shadow study.
The staff report says shadow impacts are minimal,
but no new study was done.
That's an assertion, not a finding.
At the 2023 hearing, the developer said on the record,
and I'm quoting directly,
the impacted chunk is sunrise to 945 a.m.
at the peak of the summer.
I wish I had a solution for them.
I don't know what to do about that.
That's two and a half hours of morning shadow
on our solar roof.
For the building as it was then, eight feet, four inches away.
It's now moving five feet closer
and there is no updated analysis.
We're asking the ZAB to require an updated shadow study
before approving this modification.
The existing study was done for a different building
in a different position.
Thank you.
Thank you for your comment.
All right, that was our consent comment in person.
We will now move on to our digital commenters.
First up, we have Sabrina Sierra, very cool name.
Oh, thank you.
This is the, and I'm allowed to do a comment
for 830 Bancroft at this time.
That item, I believe is on the action calendar, so.
Oh, that's what I'm wanting to talk on inside, I apologize.
That time of the agenda.
Okay.
All right, next up we have Theodore Sahir.
Hey everyone, my name is Theodore Sahir, can you hear me?
Yes.
All right, I'm the owner of 2709 Dana Street,
which is the next door neighbor of Melanie Wise
at 2711 and we are directly behind 2712 Telegraph.
I just wanted to fully endorse the same concerns
that Melanie just outlined on the setback
and shade issues with the proposed changes.
That's it.
Thank you for your comment and its punctuality.
Now that we have concluded public comment,
we are on to ZAB deliberation of the consent agenda.
Here, things can get moved to action
or we can generally deliberate.
So if anyone has any comments, please feel free.
I have a question for staff.
Is there a quantitative criteria for shadow?
There is not, not in the city of Berkeley.
So there is no qualitative standard,
objective standard for shadows in the city of Berkeley.
So what does that mean?
So it means we can't request modifications to the project
as a result of increased shade or shadow.
So I will move to approve the consent calendar.
I'll second or do you want second? I had a question about the ADA
violation statement that was made and I just wanted to
Ask about that
Yeah, might staff have any information on that
Public comment on the non-agenda matter. I'm sorry. It was on a gym matter. I
Do have a question for staff and the question is
The statements that were made that the that the project is in violation of ADA. I know that that's not what we're
Well, I would like to ask about it. Yeah, I'm happy to elaborate on what mr. Schuyler discussed
so the
the use for modification that you're reviewing is for a private development and that is what is the purview of the zoning adjustments board as
Conditioned on the original entitlement for it. There is a condition regarding ADA compliance
So if they are tearing up the sidewalk the public right-of-way portion that is within the building area
That will be replaced and need to meet ADA standards. I
Spoke with the city's ADA coordinator prior to this meeting and he informed me that there are no
Violations currently right now
There is, as Mr. Schuyler mentioned, an adjacent property that has an encroachment permit that is under review for a
bar and seating that is in the public right of way.
That is a completely distinct project that's not subject to Zab's purview, or even the Planning Department's purview because it's an encroachment permit.
But that is an enforcement
matter that needs to be handled in a separate,
through a separate instrument. The ZAB is also not an enforcement body and
complaints should be given to the engineering division of the Public Works Department and to
the possibly neighborhood services division of the City Manager's Office.
And Mr. Schaller did come to the zoning counter about that and about the ADA components
and we discussed that at length, and I did inform him about the
proper and official complaint avenues that he can pursue.
Thank you for that robust response.
All right, so we now have a motion
that has been seconded before us.
We can put Robert's Rules of Order's deliberate on it
or take it to a vote.
So unless there are any comments,
I believe we can vote on the motion.
We have motion from Commissioner Allen
and a second from Vice Chair Young
to approve the consent calendar
without the action minutes from the March 12th meeting.
and when I call your name please state your vote. Commissioner Duffy? Yes. Commissioner Thompson?
Yes. Commissioner Kramer? Yes. Commissioner Allen? Yes. Commissioner Choi? Yes. Vice Chair Young? Yes.
Commissioner Bins? Yes. Thank you. All right thank you so much. The motion passes as per the
use. All use permits have a 14 day appeal period. If that period elapses then the permit is finalized.
Thank you so much already I hope everyone is ready for some action because we're now
onto the action calendar.
So we have one item on the action calendar tonight that is a use permit modification
for 830 Bancroft Way.
So the way this works is we will first have a city staff presentation, commissioner comments
an applicant presentation, commissioner questions,
public comment, response from the applicant
to public comment and more commissioner deliberation.
So we'll start at the top of that order
with staff's presentation.
So for our presentation tonight,
Karen Hernandez-Gonzalez is the project planner
and will be presenting the project.
Good evening commissioners.
My name is Karen Hernandez,
the assigned planner for the project before you
at 830 Bancroft Way.
The project before you is located within the residential multi-unit 2 district, otherwise
known as R2, bordering the mixed-use residential district.
The neighborhood consists of single-family and multi-family residential buildings and
mixed-use buildings with uses ranging from co-working spaces, cafes, grocery retail stores
and arts.
The property was previously zoned R1A and was absorbed by the R2 zoning district as
as a result of the middle housing ordinance update effective November 1st, 2025.
Here is the street view of the project site with frontage on Bancroft Way and Street.
This is just an overview of the history of the permit.
It was submitted October 28th and you are hearing it tonight, April 9th.
The project site has had numerous use changes throughout the years.
The existing building was built in 1947 as a warehouse.
In 1977, per use permit 8117, it established an advertising department for the Berkeley
Pump Company.
In 1988, the current vocational training use was established, including the condition of
of approval to provide 14 off street parking spaces
at 2310 Sixth Street across the street
with the addition of educational classes and seminars
in 1993 through a used permit modification.
Between 1994 and 2012, there was numerous zoning permits
and zoning certificates to approve medical offices
for psychotherapy and occupational therapy.
In May, 2024, Root and Bloom Institute
was approved a zoning certificate business license
to allow the continuation
of the vocational training center use.
And a zoning officer of memorandum dated November 14, 2025,
sorry, 2024, determined that the condition of approval,
number five of the original use permit A1463,
which requires 14 off-street parking spaces
the city of Davis. The city of
Davis. The city cannot be
enforced by the city. Her
assembly bill 20 97. A B 20 97.
For it it's a public agency from
imposing any minimum automobile
parking requirement on any
residential commercial or other
development project. That is
located within half a mile of
public transit. And lastly,
July 23, 2025. The image before you shows the existing site plan on a 14,690 square
foot lot. Building is built up to the front and side property lines with the exception
of the bump out at the eastern portion of the lot and the rear property line where the
setbacks range from 3 feet 10 inches to 4 feet 4 inches. The scope of work proposes
to extend the operational hours of the nonconforming use to support the addition of classroom
area and office spaces on the ground floor. The original hours of operation were original
per original use permit A1463 are Monday through Friday 8 30 a.m. to 9 30 p.m. and the proposed
hours of operation would be Monday through Friday 9 a.m. to 9 p.m. and Saturday and Sunday
the next three years. The next
square feet. The project would also increase the number of offices from 12 to 13 to rent
to holistic health practitioners and the rental of classrooms and offices would intensify
the legally nonconforming use for a total of 2,737 square feet in office space for rent
decreased from 5,046 square feet. As previously mentioned, the original use permit imposed
condition of approval number five to provide 14 off-street parking spaces to be provided
at 2310 6th Street, a residential property across the street as shown in the image before
you.
Staff learned from the applicant that the off-site parking requirements were never provided,
whereas in the staff report we assumed that the requirement was met.
The zoning officer memorandum dated November 14, 2024, previously mentioned, determined
that the city cannot enforce condition of approval number five per AB 2097.
On November 3rd, 2025, the applicant organized a community interest meeting where neighbors
expressed their concerns over parking and as a result, the applicant drafted a parking
minimization plan attached to the staff report and was added to the conditions of approval
for this use permit modification.
The following permits are required for the project to substantially expand or change
a non-conforming use.
And this slide shows the findings of approval as no new non-conformities are being created
and meets the CEQA findings for categorical exemption under section 5301 existing facilities.
It is staff's recommendation that the board find that the project is exempt pursuant to
CEQA section 15 301 existing facilities and approve the use permit modification with the added condition
Roman numeral 3.1 to include the parking minimization plan dated January 14
2026 and
The applicant is here and they will be also providing a five-minute presentation
Thank you for that
Do any commissioners have questions for staff I
have one question related to the hours of operation. So it's mentioned that
they're applying to expand their hours of operation, but in the staff report it
mentions that the existing use permit doesn't quite have clear start and stop,
it kind of specifies peak hours. Yes, so we have a supplemental memo dated April
we did clarify the hours of operation. So they're included in there in which it was
Monday through Friday 8 30 a.m. to 9 30 p.m. I guess I'm asking what are the current hours
of operation in the existing use permit? Those are the allowed hours. Okay, thank you for
Okay, now we can move on to the applicant's presentation.
Am I able to share screen now?
Ooh.
Thank you.
Okay.
Good evening members of the Zoning Adjustments Board,
Chair and staff.
Thank you for all your hard work these past few months
on this project.
And in particular, the last couple of weeks,
as we really kind of cleaned up the numbers,
it's an old building with a long history.
And I'd also like to introduce Rachel Berry, who will be the director of the root and bloom Institute and she was going to conclude our presentation. If I may interrupt, I think if you meet yourself on your computer, it will not echo.
Better.
I think we're here tonight to request modification for the root and bloom Institute. Uh, there's a little bit about who they are on the screen right now. I would note that I believe the existing hours of operation are 83930.
PM during the week. And with this proposal, the evening hours during the week reduced to 9 PM,
but we are asking for the weekend hours. And that's a really important component of this project.
We're here this evening to seek approval to allow root and bloom to operate on the weekends
when neighborhood parking is the least impacted because many of the commercial uses in this mixed
neighborhood are closed on the weekends.
Root and Bloom is already allowed to operate until 9.30pm during weekdays, as I said.
But this request also includes allotting more space to classrooms and less to offices, more of a community and less of an individual approach to what will be going on in this building.
Sixth Street has been a mixed-use corridor for over 100 years.
Decades ago, the East side of Sixth Street was rezoned for residential-only uses,
but there are many, many legal non-conforming commercial and industrial buildings on both sides of Sixth Street,
up and down the corridor through Berkeley.
In this kind of a mixed-use setting, the community must balance the peace and welfare of residential neighbors
With the need to accommodate, let's go back to that with the need to accommodate small businesses and especially small businesses that are nonprofit oriented to use our existing building infrastructure.
In this case, a non conforming commercial building, and especially those providing community benefits like the like root and bloom.
Since the 1970s, Berkeley has made it a priority not to make land use policy that accommodates cars and instead relies on alternative modes of transportation.
This is a bicycle. There's a bicycle boulevard right here. We've got transit just a few blocks away. There's a lot of ways to get here without using your car.
Bruton Bloom is acutely aware of the problems created by the prior user.
Every one of the neighbors here in opposition tonight has good reason to be here.
The prior user didn't keep their end of the bargain, they never went and got the parking
that they were supposed to, and the neighborhood was rife with parking issues because of how popular
the prior user became. We know that as a part of this project we have to try to right those wrongs.
As a result, Root and Bloom has assembled the parking minimization plan that you've seen that
has enforceable requirements and incentives for patrons, clients, and practitioners to use
alternative modes. This is some of what, this is just summaries of what the parking minimization
plan has. You have all of that in front of you. Their website already includes information about
how, where, and when people should be parking
if they're going to come to the facility.
And finally, because of how poorly the neighbors
were treated previously, and we were making it more aware
of this just a couple of, in the last couple of days,
put the neighbors' letter.
And knowing that we have to not only prove
that Root and Bloom can be a good neighbor,
but that they also, we have to also right the wrongs
of the prior users.
we're offering up these additional voluntary conditions of approval to the neighbors, to the
Zoning Adjustments Board to show really how open, transparent we're trying to be and how we're trying
to ameliorate those prior problems and any potential issues that are moving forward.
This will provide much more certainty for the Zoning Adjustments Board and for the neighbors
moving forward. We know it's sensitive and let me let Rachel close out the presentation.
Thanks Mark and nice to meet you all. Thank you for your time. I want to share that we
bought this building because of its long history as a training and healing space.
People need to be able to access these services on weekends and without weekend use our project
is not very viable. We heard the concern of our neighbors loud and clear. I've talked to many of
them myself. The last users of this building clearly didn't have an incentive to manage an
an effective parking plan for the neighborhood.
What is different now is that the success of our business
is clearly dependent on having an effective parking plan
for us to be successful.
Our lease agreements have teethed them.
If tenants or their students or their clients don't comply,
they risk losing their place of business.
Since the traffic lights on Bancroft was installed last year
and unnecessarily eliminated dozen of parking spaces,
we continue to work with the neighbors
to advocate for the recovery
of at least some of those spaces.
That is a neighborhood issue that is needing repair.
Because of the change in the classroom and office allocation
that you're aware of, I think it's critical
for you to know that the approval of our building permit
has been stopped until the approval of this application.
We can't move any further in construction at this point.
hands are tied. So a delay or denial of this application will set back our construction
for months with the probability of displacing practitioners who are planning to use our
space and resulting in costs that could not only break our non-profit but would leave
another vacant building in Berkeley for squatters and graffiti. We want to be good neighbors,
we want to work in partnership and we want to be in service. We are grateful for the
the time and effort by the staff to recommend approval.
And we thank you for your time and consideration.
Happy to answer any questions.
The project architect is online.
Should we get to that level?
I have a question about the number of existing bike
parking spaces in the building.
It's mentioned in the parking minimization plan
attachment six that there are existing bike spaces.
Would you be able to disclose how many?
Yes, we have two plans for bicycles for office tenants.
We have an indoor area for a very secure place for their bike.
And then we are installing bike racks on both doors
on each corner and our architect Lex is online
and she can confirm, I believe it's eight spaces
and if it's incorrect, she can let us know.
inside. Oh no eight spaces outside additional space for about five bicycles
inside for office tenants. Okay so that's five spaces inside for office
tenants and eight outside for clients. I believe that is correct I'm gonna ask
Lex who's on zoom to raise her hand if I didn't get that right. Okay thanks so
much. And the existing building does not have bike spaces is that right? Okay
thank you. All right, sorry I'm very new to this so if my question is not
appropriate somebody please tell me but I was biking through the area earlier
today and I noticed that the there are many parking lots that are nearby they
look like therefore commercial use during standard business hours. I'm
curious was there any effort made to try to lease those for weekend use?
Absolutely, that was a recommendation that we heard from neighbors when we did have our our gathering and I
Talked to all of them and nobody was willing to unfortunately
There is a public brand spanking new public parking garage
associated with the steel wave project on 5th Street and steel wave has agreed to allocate parking spaces to root and bloom and
People that will be coming to the site more than three days a week will be required to get those parking spaces and they're
Subsidized by root and bloom as well. That's one of the incentives
All right
Well, if there are no more questions for the applicants
We can move on to public comment
We'll begin with in person public comment
So first up we have Robert Ballard
And I'm realizing I should also queue up folks as well. So after that we'll do
Mary Beth Thompson
Good evening
My name is Robert Ballard. I'm a 16. Excuse me
I'm a 15-year resident on the
2300 block of 6th Street and Berkeley as a neighbor living in the same block as the applicants building
I respectfully oppose the modification of use permit to expand the facility's operational hours for a 30 bank Roth based on these comments
The zoning project application references continuing to tradition of use of the prior operator that ceased in 2020
unfortunately, some 50 to 55 parking spaces at the intersection of Bancroft and six
Were removed by a traffic signal installation in 2024
Including 10 parking spaces that front the property
Also in 10 years of their operation while I resided there
The prior operator continually had parking challenges that detriment impacted the residential properties along the 2300 block of six
Unfortunately, the clients could neither mind the parking restriction notification posted at 830 Bancroft entrance
Nor the handout flyers nor the garage signage placed along
Excuse me
Nor the signage placed along 6th Street as they routinely first took street parking despite the availability of 25 spaces
they arranged for at the 2322 6th Street parking lot. This speaks of the expected use of cars
and the driver's behaviors. The zoning application addendum includes a parking plan which unfortunately
does not have measures to address the detrimental impacts to RBI's closest residential neighbors
along the 2300 block of 6th Street. The restrictions nor the fines associated with any of them
apply to 2300 block of 6th Street. Please note that these residences were also detrimentally
impacted by the 50 to 55 parking spaces removal.
We residents do transit and bicycle commute,
but also have car needs,
including somewhere to park when we come home
from work classes or errands in the evenings and weekends.
The application unfortunately speaks to no complaints,
which is inconsistent with routine communications
I and my neighbors had with the prior operator
and our community meeting with applicant.
Unfortunately, the public transit and the plan
does not facilitate convenient use.
Additionally, it's two parking facilities
reference application or concern. One has a development plan for townhomes the
other is still locked and I come and I question how RBI will compete with the
lab the steelway lab. Thanks for those faces. Alright next up we have Mary Beth
Thompson and then after Mary we have Denise Seymour Turner. Hi I am Mary Beth
Thomson. Good evening. I have some prepared things to read but you already
do have a written document from us and there's a change that we weren't aware
of in terms of the idea that there's already existing permit from 830 in the
morning to 830 at 930 at night from 1988. I have lived I'm on the 2300 block of
6th Street just on the same side as this project. I have lived there since 1985
And I actually rented a space in the Feldenkrais building, which was what was functional there for quite a few years.
And it was of nowhere near this magnitude of use, right? We're talking in the application, I think, page three, maybe,
when they're talking about 50 to 60 individual clients a day, and maybe classrooms that could take 50 people a day or more a day or 30 in the group room.
that's a huge volume of people and there's also been an increase in
residential density. When we moved there that was the edge of town. There's been
so much growth and so much development in all kinds of good ways but there's
been also a lot of ADUs built so the residential density has just increased a
lot all around there which and 6th Street is the main corridor into that area so
so that's a big traffic corridor,
the risk, we're so exposed in that block.
I don't see.
30 seconds.
Oh, thank you.
Let me just think what I would say.
As I said, I was prepared for something else.
So going on, it's such a different situation
than it was in 1988 down here, further down there.
So just for you to hold that in mind,
it's not all things being equal.
Otherwise, thank you for listening.
I appreciate your time and attention.
We also had somebody who was gonna zoom in
if she's on your radar.
All right.
Thank you so much.
And we will get to zoom comments
after our last in-person comment here,
which is Denise Seymour Turner.
Who is, thank you.
I am a resident on Sixth Street
and I share the same sentiments as my neighbors.
so we'll hopefully try not to repeat anything.
But basically, I support the use of the building.
I think it will bring good elements to the neighborhood,
and also, it's an eyesore when you have a vacant building.
It also invites unwanted elements or unwanted people,
and we've already seen graffiti on the building in
its unoccupied state.
So I definitely support the use of the building
and I support the category of business
that's looking to occupy it.
The concern strictly is parking.
Parking is a challenge on 6th Street
and especially with the elimination of parking spaces,
it has made it more strained.
If you go, if you walk the neighborhood,
especially during working hours.
It's a very well used street,
and the street, as it was mentioned, is highly used.
So I am one of the residents
who actually recently renovated.
And so we added a unit to our building.
And because parking is limited
and also on certain days, parking is restricted.
We can't park on one side as it is.
I try and ask my tenants to be mindful
of residents who are on each side of me
so that they can use parking in front of their homes.
So I see this actually straining our ability to park,
especially after coming home from a long day after work.
So hopefully you guys will consider that.
There's the building 2322 that's across from me
that was used previously for parking,
there was some sort of agreement,
and then maybe giving us a parking permit
so that we can have parking on the street
during certain hours.
Thank you.
Thanks so much.
We will now move on to digital public comment.
So if you're a Zoom attendee, feel free to raise your hand.
First, we have Elisha,
so you should be able to speak Elisha.
Hi, this is actually Matteo Girard-Max,
and I'm Alachael's husband,
we're just using her Zoom account.
Were residents on 7th Street,
right around the corner from the building, 2327.
Just confirming you all can hear me, yes?
We can, but it's a little bit faint.
That might be a facilities issue on our end.
Yeah, let me see if I can move
to a better internet location, potentially.
Is this getting any better by chance?
Maybe just maybe speak closer to your microphone.
Yeah.
If you've got any IT folks out there
who might be able to turn up the volume in the room,
that would be helpful too.
I'm totally right on top of the laptop here.
Yeah, this is not going to get.
I can just try to talk louder.
Listening hats on.
Yeah, I can just try to talk louder.
So, I'm a homeowner here for the last 20 years,
and I'm also a small business owner.
We operate a commercial kitchen right around the corner
on Alston and Forth.
And you know, I absolutely support new businesses like this
moving into the neighborhood.
Part of the reason that I really enjoy being in Berkeley
is to be part of progressive new therapies,
progressive new ways of thinking.
My kids were raised and went through BUSD.
And we have done a ton of walking.
We've dealt with traffic changes.
And I have observed massive parking garages
in the neighborhood recently constructed.
And it's just really clear that this business
has thought through and is really trying to do something
unique and special in our neighborhood.
And I couldn't be more pleased with the possibility
of this being a viable venture.
So thank you.
Thank you so much for your public comment.
Next up we have Sebastian Becca.
Good evening, can you hear me?
Yes, we can hear you.
All right, well my name is Sebastian Becca.
I'm a Latino holistic psychotherapist
and I'm actually moving my private practice
from Santa Cruz where I live currently,
to Berkeley to be able to work
and join the Root and Bloom Institute.
I understand parking is a key concern
and I want to speak directly to that.
As part of the lease application process with RBI,
I've been made clearly aware of the transportation
and parking policy for both practitioners and clients.
I understand it.
I believe it is a thoughtful and workable plan for this area.
I want to share that my current office here in Santa Cruz
is in a near residential neighborhood
with similar parking limitations.
And both I and my clients have consistently respected
those constraints without issue.
and I plan to bring that same level of care here
and with the neighbors.
My practice is appointment-based
and I'll maintain a monthly parking lease for myself.
And I'll clearly communicate all these parking expectations
to my clients in advance.
As a prospective tenant, I feel confident
that I can operate responsibly within these guidelines
and be a good neighbor with you all.
Thank you for your consideration.
Thank you for your comment.
Next up we have Erica Suzuki.
Hello, are you able to hear me?
Yes, we could hear you.
Thank you.
Good evening, Chair and members
of the Zoning Adjustments Board.
I'm a resident of West Berkeley
living near 830 Bancroft Way.
To be clear, West Berkeley neighbors
are not opposing the Root and Bloom Institute itself.
Many of us appreciate the renovation of the building
and support the idea of wellness services in our community.
Our concern is specifically about the scale and intensity
of the proposed operating hours
and the lack of communication
that has been consistent and updated with the community.
The project application states that this building
is located in a primarily residential zoned neighborhood.
The general plan describes these areas
as primarily residential environments intended
to preserve neighborhood livability.
Expanding operations to encompass roughly 76 hours per week,
including evenings and weekends,
changes the character of the use
from neighborhood serving to something much closer
to an institutional or commercial operation.
The question before the board is not whether the use
positive in concept. The question is whether the intensity of operation is compatible with
the residential setting and whether the mitigation measures are enforceable enough to prevent human
nature from taking over, prioritizing convenience over respectful treatment of our neighborhood.
Blanket approval of seven day a week evening and weekend hours remove predictable periods of
respite for the neighborhood whereas other small businesses in the neighborhood operate with limited
hours or are closed for the weekend or at least one of the two weekend days. Project manager Mark
roads went so far as to tell residents at the November community meeting that they should
negotiate and pay for off-site parking at the Steel Wave parking garage themselves.
This was not a reasonable or productive recommendation for concerned residents in the neighborhood
and did not help build trust.
We respectfully asked the board to either deny the expansion of hours or approve it
with conditions to enable a phased approach.
This may be framed as a parking problem, which is being overemphasized, but this is actually
a broader residential environment protection concern that includes parking, but also noise,
trash, and general activity in the evenings and on the weekends. We would like to work with
Root and Bloom on a limited term pilot program and collect data as well as hold an additional
public review before any further expansion. Thank you for your time and careful consideration.
Thank you so much for your comment. Lastly, we have Sabrina Sierra.
Mary, thank you. Can you hear me?
I'm clear.
All right. I'm a psychotherapist and a co-director of Alchemy Community Therapy Center.
We're a non-profit with the mission of making
mental health care and clinical training more accessible,
which I'm hearing that so many of the residents are supportive of.
We're planning to become an anchor tenant,
renting several of the psychotherapy offices at 830 Bancroft,
and this move will allow us to become a more self-sustaining organization
so we can continue offering our services on an equitable scale.
While the use of our office space is significantly reduced on weekends,
it does remain important for us to offer those options
to support client care and accessibility to services.
Many of our therapists and clients are already accustomed to
biking, public transportation, or getting rides to and from our current office, and we've reviewed
the thorough transportation plan as part of our lease agreement with Root and Bloom Institute.
We're planning to share this with our clients in preparation for the move and with all future
clients after, and we'll be assisting our therapists with purchasing monthly parking passes
to minimize street parking for those who are coming to the office multiple times a week.
We're committed to doing what we can to ensure we're being good neighbors to everyone who lives
in the neighborhood and intend to operate as a resource to the neighborhood and the general
population. Our clinic is built with community as a core value and as such we intend to live
those values in earnest and to build positive relationships with our neighbors. Thank you.
Thank you. All right so now the applicant has a chance to respond to public comment.
Thank you Mr. Chair, Zab, and thank you to the neighbors who came out tonight to express
their concerns. We share them and there's nothing that we can do about what happened in the past.
We are asking for the opportunity to show a different path. Remember that the hours
expansion they were asking for is only the weekends and it's critical to
Root and Bloom's business model. This is a piece of mental health infrastructure
for the community that's nonprofit based. We complain about a lot about the
for-profit health care in the world and this is one that isn't that. And we are
committed to working with neighbors. We've presented to you the additional
five conditions of approval that we think are very enforceable, give us
opportunities to check in with the neighbors, give us an opportunity to
check back in with you after a year of operation. And so with that I'll just
Rachel anything else that you would like to say? I know there were a lot of
materials to go through. I'm really appreciative for all of your time and
the staff's time. I know this has been complex. I'm really grateful for
everybody who's sharing their care for the neighborhood and I'm really hoping
that we could all work together well on this.
Thanks.
Thank you so much for that.
So now we're on to commission deliberation.
I can start off with some framing comments
since we have some new folks to the commission.
So unlike many permits we tend to hear before the zoning
adjustments board, this is not housing development project.
So at this point in history, we're
really accustomed to having to be constrained by state housing law that
says you know thou shalt not you know twiddle at the permit too much but here
this is a commercial permit we're in deep discretionary land. So few things
worthy of note. The first is the city is one one guardrail that they're operating
in is AB 2097 which is the staff report notes is a state law which precludes the
city from imposing minimum parking requirements
on development projects within transit, which
is the staff report the case here.
In terms of the findings for approval,
there are two portions of the city's municipal code.
One defines what a substantial change to an existing
nonconforming use is.
And then the second points to the fact
that that substantial change to the non-conforming use
must go through the use permit process,
which is a public hearing, which is why we're here.
And actually, just to back up from that for a moment,
what is a legal non-conforming use?
Well, this is a residentially zoned area.
But the building here is a commercial use
that was set in place prior to that residential zoning.
So that's why it's considered legal non-conforming.
So yeah, I'll open the floor up.
I'll give folks something to react to or not.
So I have a lot of empathy for the neighbors.
There's a legal, I live in a R2 district.
There's a legal, non-conforming use across the street.
It generates a lot of trash and traffic and noise.
So I feel that.
I also was the City of Berkeley staff under the past use
and yes, there were neighbors have complained for years
around the previous tenant there.
So I appreciate the acknowledgement that that was them
and we are new people, new commitments, new energy.
So those are the two things that I've been thinking about
as I listen to this this evening,
I think what this is,
yep, existing nonconforming use
and what they're asking for is an incremental change
to the use that's been going on in that building
for 50 years or 60 years or 100 years.
And I think that the incremental change
that is being requested would not be detrimental
to the health, safety, peace, morals, and comfort.
So that is what I'm thinking.
Second that's funny, but actually then with that would like to make a motion to approve
If there's a second
I just want to share for anyone who's also just new to this or here that that doesn't mean that we're voting
That just means we start a discussion on the motion. So the discussion continues
If there's a second
No
I'll be that second
okay, so now we're limited to discussing the
approving the the project as proposed and
And any topics on your mind still could be brought up. Should anyone be, you know, still
have something to say? Yeah, I think I'll make a comment and then
maybe propose a friendly amendment. But, you know, I noticed in the staff report that there
was conversation kind of lamenting the removal of parking spaces on six because of some of
the street designs there, you know, it brings up an interesting conflict between, you know,
what kind of modes of transportation we're making. And, you know, as we have all these
policies, right, even at the state level, 2097, and even decisions made by previous
building owners regarding parking, you know, pushing us towards certain modes of transportation.
I want to make sure that the conversation doesn't, you know, lament other policy efforts
to promote sustainable modes of transportation too.
So just want to put that up there.
But putting Robert Road for a moment,
the zoning district across the street
is the, I think, MUD, mixed use, MUR, thank you.
And the MUR district has minimum off-street bike parking
requirement for commercial uses in the amount of two,
I believe one off street bike parking space
per 2,000 square feet of new or changed building
is what I saw in the municipal code.
So based on the plan sets,
I believe that looking at the square footage
that is being altered actually 13 spaces
should be well in excess of that requirement
if we're to roughly apply it.
but I would like to propose putting that
in the condition of approval too,
since it sounds like that's already part of the project.
I don't think that's a question for the applicant,
I think that's a question for the maker of the motion.
That is, hold on, let me just clarify
the way the rules work here,
where the public hearing actually was not closed
because we didn't have an aye or nay vote.
The public hearing is actually still open.
So it is the chair's discretion, should the public speak.
But since you brought up a friendly amendment,
that was a request to the motion.
And the friendly amendment is accepted.
So now the motion on the table on the floor is as amended.
So we can discuss that.
And should you have a question for the public
for any clarification, you can do that too.
Excellent, so I'll note that the friendly amendment is
for the five plus eight equals 13
off-street bike parking spaces on the property.
Thank you.
Did you have any, before we close public hearing,
did you have any supplemental information
you wanted to add, it sounds like?
Yes, we are aware of that requirement for new buildings.
Our architect has researched that
and determined that we aren't beholden to it,
but we wanted to design for it.
Excellent.
Sorry, if I could just ask one clarifying question
the route folks. Will the majority of the patrons be recurring clients or will
it be most often like new people who are coming once? It's mixed use. We have
offices in the building as we heard from Sabrina and Saba. They will have repeat
customers clients who are coming and then there will be trainings where
or someone might come for one training once,
they might come repeatedly for a few days every few months.
Does that help clarify?
We should probably close the public hearing at this point.
So I think that's a voice roll call vote,
some kind of different process.
Voice vote, all in favor, say aye.
Aye.
Aye.
Okay, back to the deliberation.
We have a motion before us with an amendment
regarding the bicycle parking.
Okay, with no comment, I think, oh, go ahead.
I just have a question.
It's a clarification on the bicycle parking.
Is it 13 spaces on?
Inside? Inside, right?
Well, I guess let me ask the person who made it.
It was five inside for the tenants
and eight outside for clients.
Thank you.
All right, I will propose that we put the motion to a vote.
Right.
So we have a motion by Commissioner Duffy
and a second by Commissioner Allen,
and a friendly amendment to add a condition of approval
to require the addition of the five inside bike parking
and eight outside bike parking.
And I will take a vote.
When I call your name, please state your vote.
Commissioner Duffy.
Yes.
Commissioner Thompson.
Yes.
Commissioner Cramer.
Yes.
Commissioner Allen.
Yes.
Commissioner Choi.
Yes.
Vice Chair Young.
Yes.
Commissioner Bins.
Yes.
Okay, the use permit modification is granted.
I believe that the same appeal window applies
to the modification as what are normally use permits.
it'll be 14 days at the end of that period.
The permit will be finalized.
All right, now on to our design review committee report.
And I was not at the last design review committee meeting
because I had an excused absence
and Chair Gaffney is not here tonight.
So we will be prepared to give you guys a full report
of the last DRC and we've got one next week I believe.
So it'll be a long report.
Looking forward to it, thanks so much.
Now we're on to our etc. items,
I'll call them correspondence,
ZAB announcements and staff announcements.
No staff announcements?
I have a ZAB.
I've got something.
Go ahead.
You said first.
My first is I would like to scold my fellow ZAB members
who had unexcused absences from the last meeting.
Please remember if you know you're not gonna be here
to reach out to the person who appointed you
and they reach out to the clerk's office
and you could not do that at 459 the day of the meeting.
We are almost in a pickle.
We had exactly a quorum.
We had one sub who, his first reaction was,
I knew it this, I don't wanna vote.
And we said, no, no, you're here, let's talk about it.
And so we talked through it and he voted
and we were able to move a project forward.
But so please, please, please get an excused absence
and get a sub if you need one, that's it.
Do we have any members who are not appointed right now?
I think, unless you're appointed by the mayor, oh.
What do you mean, right now tonight?
Or just, yeah, like, so that's actually
what was I was going to bring up during this correspondence,
which is a welcome to the new faces on the board.
Even as a temporary position, it's wonderful
to have you here and thank you for your time.
And something that we've done in the past sometimes
is to welcome you and maybe if you would just say
what might bring you here and your name.
And that's, it's just nice to get to know you.
Hi, I'm Steven.
I've lived in Berkeley for something like four years.
I moved, this is really the first place
that has felt like home to me.
I love walking around, seeing all of the gardens,
the lively street life, everybody who's biking
and being an active participant of the street,
and I love that about my town.
And I'm Kara Bins.
I am Council Member Humbert's alternate
both for planning and ZAB,
and I've actually gotten to do both of those this spring.
So it's been a good learning experience for me.
My family's been in the Bay Area for about 100 years.
I imagine my great grandparents came off that really long ferry
that's dilapidated and established routes.
I just discovered a block from where I currently
live on Woolsey Street.
That's where they lived, at the 1930 census, which
is kind of cool.
Got two little kids who are in Berkeley schools now.
I serve on the Environment and Climate Commission.
and definitely interested in just the built environment
in our community, so happy to be here.
All right, well, our next meeting is May 14, 2026,
so unless there are any other burning comments,
I'll see you then.
We can vote to adjourn now.
I do have actually a request for staff
to see if this is possible, and this is a very small one,
but on the website, it is quite difficult
to find the 2026 zoning board calendar.
If you just look right now at the Berkeley zoning board page,
it only goes up to the upcoming meeting.
And so for the public or for anyone else,
if there's a place that it could be found, that would be great.
I know it's in our meeting minutes from December
where we've approved the calendar year,
but that would be great.
Just mentioning that.
That's all.
Do we have a motion to adjourn and the second motion to adjourn?
Was a commissioner Duffy who seconded it? Okay, great
We have a motion from Commissioner bins and a second from Commissioner Duffy to adjourn
When I call your name, please state your vote Commissioner Duffy. Yes
Chair Gaffney. Oh, sorry. Sure. Gaffney's not here
Commissioner Thompson. Yes
Mr. Kramer. Yes, mr. Allen. Yes, mr. Choi. Yeah, vice chair young. Yes, commissioner bins. Yes, great. Thank you