Tag Archives: Mark Rhoades

Housing forum: Climate right for development in Berkeley

Denise Pinkston, vice-chair of ZAB and an Oakland-based developer, talks to a group about the housing crisis in the state while Mark Rhoades of the Rhoades Planning Group listens. Photo: Frances Dinkelspiel
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The development climate in Berkeley has improved so much in the past six years that there are now approximately 2,500 apartment units in the pipeline — a dramatic change from the two decades between 1970 and 1990 when only 600 units were built, according to experts who spoke at a forum on multi-family development held in Berkeley on Jan. 21 .

The city is no longer looked upon as a place just to build student housing. With its foodie culture, rich history, music and art scenes, ­as well as the ability it affords developers to charge higher rents than in Oakland and other East Bay cities, Berkeley is now a popular place to build.

Read more about Berkeley development on Berkeleyside.

“Berkeley is no longer this campus college market,” said Stephen Lawton, volunteer program leader for the non-profit Urban Land Institute which hosted the event at the David Brower Center in downtown Berkeley.  “The hot San Francisco market is finally reaching across the bay in this cycle.” … Continue reading »

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Lawsuits filed to stop building of Harold Way complex

2211 Harold Way is one of several tall building proposals in the pipeline that must offer "significant community benefits" under the Downtown Area Plan. Image: MVEI Architecture and Planning
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Update: This story was updated Jan. 15 to add another lawsuit. Scroll to the bottom of the story for details.

Kelly Hammargren, one of the most active opponents of the planned 18-story high-rise at 2211 Harold Way in downtown Berkeley, filed a lawsuit Wednesday charging that the city of Berkeley did not do an adequate environmental review of the 302-unit complex.

Hammargren filed her lawsuit on the last day permitted to file a legal challenge, which was 30 days after the Berkeley City Council’s Dec. 8 vote approving the project was certified. None of the other residents who opposed the 2211 Harold Way project joined Hammargren in the lawsuit, nor is there a law firm representing her interests. Hammargren intends to represent herself, at least for now.

Read complete coverage of 2211 Harold Way on Berkeleyside.

In 2012, when the then recently passed Downtown Area Plan was adopted, three neighborhood preservation groups joined together to file a suit against the city. … Continue reading »

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Berkeley approves construction of Harold Way high-rise

The zoning board voted to certify the Harold Way EIR on Thursday night. Image: MVEI Architecture and Planning
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After three years and 37 public meetings, the Berkeley City Council on Tuesday night approved plans to build an 18-story, 302-unit mixed-use complex in Berkeley’s downtown.

The vote, which followed five hours of public testimony, requires the developer, HSR Berkeley Investments, to pay $4.5 million into the city’s Housing Trust Fund, on top of the $6 million it is already obligated to pay. That $10.5 million can be leveraged with state and federal funds to construct about 105 units of affordable housing, according to city staff. The developer will also have to pay $1 million into an arts fund, with $250,000 of that going soon to Habitot Children’s Museum to help it relocate, among other fees.

                           Read complete Berkeleyside coverage of 2211 Harold Way.

“I think it’s a major improvement for our city,” Mayor Tom Bates said after the meeting about the project slated for 2211 Harold Way. “It sends a sign we’re serious about climate change. The building is LEED Gold. It’s a block from BART. It’s going to contribute seriously to the city’s coffers. It’s a great win-win.” … Continue reading »

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Berkeley City Council to consider Harold Way appeals

2211 Harold Way is one of several tall building proposals in the pipeline that must offer "significant community benefits" under the Downtown Area Plan. Image: MVEI Architecture and Planning
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There have been more than 35 public hearings over the 180-foot-high 302-unit building proposed for 2211 Harold Way and at most of those meetings a dedicated group of people has objected to its construction.

Tonight may be their last chance – at least before the issue goes to court – to thwart what they consider an oversized building for the wealthy that doesn’t fit architecturally into the neighborhood.

The Berkeley City Council is holding a special meeting at Longfellow Middle School at 1500 Derby St. 5:30 p.m. to consider eight appeals filed over the approvals and permits issued by the Zoning Adjustments Board and the Landmarks Preservation Commission. That is one less appeal than expected; on Monday night, the Berkeley Unified School District Board voted to drop its appeal, according to president Judy Appel. BUSD and the building’s developer, HSR Berkeley Investments, worked out an agreement in recent days that will mitigate the school district’s concerns about the impact of construction on Berkeley High, which is about a half a block away. … Continue reading »

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Berkeley ZAB round-up: The Roost approved on Blake, Center Street hotel previewed, Kennedy project put off

"The Roost," looking east toward Shattuck Avenue, at 2029-2035 Blake St. Image: Devi Dutta Architecture
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Thursday night the Berkeley Zoning Adjustments Board approved a 5-story mixed-use project near downtown, previewed updated plans for a hotel on Center Street and postponed a decision related to a proposed residential hotel on Shattuck Avenue that the developer would like to convert to studio apartments.

“The Roost,” with parklet and dog park, approved on Blake near Shattuck

The board was unanimous in its vote to approve “The Roost,” an 82-unit project at 2029-2035 Blake St., just west of Shattuck. The 5-story building is also set to include two live-work units, about 1,900 square feet of ground-floor retail, 68 parking spaces in a basement-level garage and 67 bike parking spots. Two of the vehicle spaces will be dedicated car-share spots, and there will be 16 EV-ready parking stalls provided.

Commissioner Sophie Hahn asked the developer, represented by Mark Rhoades of the Rhoades Planning Group, to commit to include four units of below-market-rate housing on site, with four additional units either to be built on the property or paid for through fees into the city’s Housing Trust Fund. After conferring briefly with his client, Rhoades agreed to the request. … Continue reading »

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Numerous appeals filed for Berkeley’s Harold Way project

The zoning board voted to certify the Harold Way EIR on Thursday night. Image: MVEI Architecture and Planning
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A number of different groups – including the developer himself – have filed appeals asking the Berkeley City Council to overturn various permit approvals for 2211 Harold Way in downtown Berkeley.

Mark Rhoades, acting on behalf of the property owner, Joseph Penner of HSR Berkeley Investment LLC, asked the council to reconsider the permit awarded last month by the Zoning Adjustments Board for the 18-story, 305-unit property. ZAB included a provision requiring HSR owner Joseph Penner to donate $5.5 million in cash for community benefits as a condition of approval.

The figure is too high and doesn’t give Penner proper credit for rebuilding 10 movie theaters and other things, Rhoades wrote in the appeal.

Read more about tall building projects in Berkeley.

ZAB “disregarded guidance from City Council members,” Rhoades wrote. That action “has caused a significant imbalance in the project’s financial profile jeopardizing the project and compromising the legal foundation of the city’s approval.” … Continue reading »

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ZAB approves Harold Way use permit with increased affordable housing provision

A model of Harold Way drew a lot of interest Thursday night. Photo: Emilie Raguso
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After over 30 meetings since an initial application in December 2012, the 18-story multi-use Berkeley Plaza project at 2211 Harold Way received its use permit from the Zoning Adjustments Board on Wednesday night.

The approval, with a 6-3 vote of the board, came with significant amendments to the developer’s proposed community benefits plan that allocate $4.5 million to affordable housing, in addition to the $6 million required by the housing mitigation fee.

“We’ve got to appeal it. We can’t live with those numbers,” said Mark Rhoades of Rhoades Planning Group, a project representative, to one of the union supporters at the meeting. A few minutes later, speaking to Berkeleyside, Rhoades said, “We believe that’s outside our reach.” But he said his group would decide on any action in the coming days. Any appeal would be heard by the Berkeley City Council.

Read more about tall building projects in Berkeley.

The use permit approval came at the end of a nearly five-hour meeting, with over 80 commenters from the public. The 18-story building in downtown Berkeley is set to include 302 residential units, 177 underground parking spots and more than 10,000 square feet of commercial space, including a 10-screen movie theater to replace Shattuck Cinemas. Unusually, given the heated criticism the project has attracted at previous ZAB meetings, as well as hearings at the Design Review Committee, Landmarks Preservation Commission and council, public comment was fairly evenly divided between opponents and proponents of the project.  … Continue reading »

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Harold Way project gets Landmarks Commission approval

Some critics of 2211 Harold Way say the models and drawings produced by the project team are inaccurate. Here, they look at a model and compare the height of Harold Way to other tall buildings downtown. Photo: Emilie Raguso
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A controversial mixed-use project proposed in downtown Berkeley won an important permit Thursday night after a 6-3 vote from Berkeley’s Landmarks Preservation Commission.

The commission had been tasked with deciding whether to grant 2211 Harold Way a structural alteration permit, which it needs to carry out excavations on the project site. The 18-story building is set to include 302 residential units, 177 underground parking spots and more than 10,000 square feet of commercial space.

More than 60 people turned out to Thursday night’s meeting, including more than 50 local residents who spoke forcefully against the project, and about six who spoke in favor. Many project opponents made their disapproval known by hissing and jeering at the handful of speakers who said Berkeley needs more housing, and that Harold Way will be a good project for the city. Commission Chair Christopher Linvill repeatedly had to ask the crowd to quiet down and give the project supporters their chance to speak. The public comment period lasted roughly three hours. … Continue reading »

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New plan calls for 10 theaters at 2211 Harold Way

The developer of 2211 Harold Way and Landmark Theatres are nearing a deal to build 10 new theaters in the proposed complex. Photo: Sharon Hahn Darlin
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The developer of 2211 Harold Way and Landmark Theatres are nearing a deal to increase the number of movie theaters in the 302-unit building in downtown Berkeley to 10 — but detractors say the changes do not go far enough.

After discussions with Ted Mundorf, the CEO of Landmark, Joseph Penner of HSR Berkeley Investments has submitted a new set of plans with the 10 theaters. Previously, the number of theaters proposed had ranged from zero to nine.

The current plan, which still needs city approval, would place the box office by the sidewalk on Shattuck Avenue, much like it currently is. There would be four theaters on the street level. Patrons would take an escalator, stairs or an elevator one flight down to the six other theaters. There would also be bathrooms, a bar, a lounge and a snack bar on the bottom level. … Continue reading »

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Berkeley council adopts community benefits package

2211 Harold Way is one of several tall building proposals in the pipeline that must offer "significant community benefits" under the Downtown Area Plan. Image: MVEI Architecture and Planning
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The Berkeley City Council voted Tuesday to clarify its approach to the community benefits required of developers who wish to construct buildings taller than 75 feet downtown.

Seven of these buildings were approved when Berkeley residents voted in favor of the city’s Downtown Area Plan in 2010, but the type of significant community benefits required of those projects was left vague to allow flexibility during the permitting process.

Since then, city zoning board commissioners have expressed frustration about that ambiguity, and asked for more direction from council. In April, council launched a series of public discussions to clarify the requirements.

In late June, city officials voted in favor of a proposal from council members Lori Droste and Darryl Moore designed to help guide the process going forward. They described their proposition as a compromise meant to combine the best elements of earlier proposals that had been introduced by Councilman Jesse Arreguín and, separately, Mayor Tom Bates and Councilman Laurie Capitelli.

Council ratified that vote Tuesday night. The four-part resolution will now be shared with the city’s Zoning Adjustments Board to help it determine whether projects that come before it meet the city’s requirements. The resolution is meant to offer guidance to the zoning board about the council’s policy as it relates to significant community benefits. The resolution could, however, potentially be challenged by a referendum from local residents who disagree with the approach. … Continue reading »

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Berkeley council to hear Campanile Way landmark appeal

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The group of Berkeley residents that lost a petition to the Landmarks Preservation Commission to landmark the view from Campanile Way is now appealing that decision before the City Council tonight. The group, led by former LPC Commissioner Steven Finacom, is concerned that a development at 2211 Harold Way would mar what they argue is a historic view.

Read more about what’s coming up at tonight’s council meeting.

The LPC voted 5-3, with one abstention, against landmarking the path and its view, though nearly everyone at the meeting agreed that the view is fantastic. The commissioners were divided about how much the 18-story development would impact the view. Even if the petition had passed, some commissioners argued, UC Berkeley is not governed by local ordinances and would not be legally required to pay attention to the ruling. … Continue reading »

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Berkeley leaders approve community benefits package; ZAB votes to certify Harold Way EIR

2211 Harold Way is one of several tall building proposals in the pipeline that must offer "significant community benefits" under the Downtown Area Plan. Image: MVEI Architecture and Planning
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Proponents of downtown development in Berkeley won two victories Thursday night after city leaders and commissioners approved a proposal for community benefits related to tall buildings and, in a separate meeting, certified the environmental impact analysis related to the first tall building in the pipeline, at 2211 Harold Way.

The Berkeley City Council held a special meeting at 5 p.m. at Longfellow Middle School to tackle the thorny subject of what significant community benefits should be required of developers who wish to construct tall buildings downtown. Seven tall buildings were approved when local residents voted in favor of the city’s Downtown Area Plan, but the type of significant community benefits required of those projects was left vague to allow flexibility during the entitlements process.

In recent years, city zoning board commissioners have expressed frustration about that ambiguity, and asked for more direction from council. Earlier this year, council launched a series of discussions aimed to clarify the requirements. Thursday night, city officials voted in favor of a compromise proposal from council members Lori Droste and Darryl Moore that will help guide the process going forward.

That proposal will now go to the city’s Zoning Adjustments Board for additional discussion. … Continue reading »

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Op-ed: Developers should permanently share with the Berkeley community the wealth created by tall buildings

2211 Harold Way is one of several tall building proposals in the pipeline that must offer "significant community benefits" under the Downtown Area Plan. Image: MVEI Architecture and Planning
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With respect for this community as a whole, I believe Berkeley City Council’s most fundamental objectives regarding downtown development have little if anything to do with funding housing for families with low and moderate incomes. Yes, better designs and development of such housing with everything needed to support it are critical to future life in the East Bay and Bay Area. But no, pressing needs for such housing are not even close to the most important goals our city council … Continue reading »

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