Tag Archives: Mark Rhoades

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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Op-ed: Harold Way deserves better than Berkeley

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Harold Way could be one of the best streets in Downtown Berkeley. It’s a quiet, narrow, low-traffic, shady street with some beautiful architecture from the Dharma College buildings. It’s highly accessible – with a parking garage next door, in direct proximity to both Shattuck and Milvia (and the bike station on Shattuck), and just a few hundred feet from Downtown Berkeley BART. Harold Way is easy to get to by bus, BART, bike, foot, or car. With all the other opportunities in Downtown, a trip to Harold Way could easily be combined with a visit to the library, the theaters, the pharmacy, or even when making a transfer on the daily commute.

But right now, there’s not much to visit on Harold Way. Right now, it’s a bleak, abandoned street in the heart of our thriving downtown. A featureless wall greets pedestrians at the intersection with Allston, and runs the entire length of Harold Way and up Kittredge Street, with one break in the monotony for the sunken entrance to Habitot Children’s Museum, whose street-level windows are protected by metal bars. A recent evening walk revealed that every streetlight along the road was either burnt out or nonfunctional.

It’s ridiculous to leave such an accessible location underdeveloped when Berkeley stores and residents are facing rising rents due to limited retail and housing opportunities. Given that the eastern side of Harold Way is also the least utilized area within the Downtown Area Plan’s “Core Area” (approved by voters to allow 180-ft buildings), it’s highly sensible to build one of Berkeley’s new high-rises here, where the impact on most of Downtown and disruption to other businesses will be minimized. … Continue reading »

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With Harold Way EIR approval on hold pending new design, Berkeley officials to consider community benefits

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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After two recent discussions regarding the environmental impact analysis for a tall building proposed at 2211 Harold Way, the Berkeley Zoning Adjustments Board agreed Thursday to delay action pending new plans expected from developers.

City staff told the zoning board at its May 14 meeting that the developer is modifying plans in response to Design Review Committee feedback in April. Staff said that, rather than move ahead to certify the project’s Environmental Impact Report (EIR), it would be better to “take a step back” and wait to learn about the project’s most recent iteration. Staff will complete a report about the project revisions and environmental analysis, and the final EIR will not come back to the board until the staff report is complete.

City planner Shannon Allen said she hopes to bring back the EIR for consideration at the end of June, followed by the community benefits and project entitlements package for Harold Way at the end of July.

The Berkeley City Council, too, is in the process of considering new policies related to the community benefits required of large projects downtown — including 2211 Harold Way — under the city’s Downtown Area Plan. That topic is slated to be back before council next Tuesday, May 26.

Mayor Tom Bates and Councilman Laurie Capitelli have suggested several new guidelines, including a $100 fee per square foot for residential portions of buildings 76-120 feet tall; a $150-per-square-foot fee for that portion above 120 feet; the requirement of a project labor agreement; and voluntary on-site benefits related to arts and culture that must be approved by council. Under the proposal, the developer could get fee discounts related to the labor agreement and voluntary benefits, and “The remainder would be paid into a City fund to be used for affordable housing and arts and culture benefits.” … Continue reading »

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Op-ed: A tale of two Measure Rs

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This is a tale of why and how the citizens of Berkeley got scammed by voting for the 2010 Measure R, and then scammed again when they voted against the 2014 Measure R. Let’s start with “why”. Why is the 2010 Measure R really a high-rise, luxury condo development plan that won’t help Berkeley’s housing problems or the environment? The answer is found in the global condo market driven by speculators parking some of their $30 trillion in liquidity (see Jack Rasmus’ “Epic Recession”) in luxury housing. These mostly foreign speculators are inflating a bubble identical to the mortgage backed securities bubble that popped in 2008. Developers are not building housing that will relieve the housing crisis for moderate and low income workers in the bay area. Instead they are catering to high-end demand from both speculators and techies.

But you might ask, doesn’t 2010 Measure R at least demand “green” construction? And the answer is NO. There is no such thing as “green” luxury condos. It’s an oxymoron — like green yachts. They waste resources. They drive up housing prices and force people who actually work in Berkeley to live elsewhere – leading to more waste from commuting. Expensive condos rented at $3k-$4k per month will result in other landlords also raising rents forcing more people to commute from outside Berkeley. Teachers, firefighters, police, hospital workers, city workers, and small business employees – they can’t afford to live in Berkeley. The city needs to demand that all new construction requiring a zoning variance be directed toward moderate or low income housing. New development should be used for public benefit, not to maximize profits. … Continue reading »

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Op-ed: Berkeley deserves better than 2211 Harold Way

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What are the three most import things in real estate? Location, Location, Location. What are the three most important things that are wrong with the proposed complex at 2211 Harold Way? Location, Location, Location. That’s just for starters.

Location – the Shattuck Cinemas attracts 275,000 to 300,000 patrons visit every year. Box office admissions have grown 25% since 2008, according to Kimberlee West, the general manager of Shattuck Cinemas. The Shattuck Cinemas are currently showing 11 films with 43 screenings (movie times for the 11 films) on weekdays and 44 screenings on the weekend. If the same number of people went to the movies every day that is 753 to 822 people per day. On May 7, at the Landmarks Preservation Commission (LPC) meeting, Mark Rhoades, the consultant for 2211 Harold Way, declared that there would be nine theaters on three stories. But the plans, which were turned in to the LPC only show four theaters. Where are the other theaters? … Continue reading »

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Housing, restaurant, garage planned at Spenger’s lot

A rendering of what 1900 Fourth St. may one day look like. Image: TCA Architects
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The owners of an empty lot on Fourth Street that’s a designated city landmark related to Ohlone Indian archeological remains have applied to build a mixed-use development on the site, adding to a burst of similar building in West Berkeley.

The move was expected after a recent archeological investigation of the property at 1900 Fourth, across the street from Spenger’s restaurant and used as a parking lot, failed to find anything of significance, according to a report commissioned by property owners, developers Ruegg & Ellsworth.

Read more about West Berkeley.

The 2014 investigation was the most recent chapter in a long, contentious debate about the history of the land and the boundaries of the well-documented West Berkeley Shellmound, a 30-foot-high hill of discarded shells, bones and other debris from years of Ohlone activity. … Continue reading »

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Berkeley council says affordable housing, union labor should be priority community benefits

Speakers at the May 5, 2105 city council meeting on community benefits could pick up a number of signs that represented their point of view. Photo: Frances Dinkelspiel
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The Berkeley City Council took its first steps Tuesday to prioritize which community benefits it will require from developers, and affordable housing and local union jobs were the top priorities.

Council members said other priorities could include ensuring that businesses impacted by the 18-story apartment building proposed at 2211 Harold Way, particularly Habitot Children’s Museum — which says it will have to relocate — receive some sort of remuneration. They also want a better understanding of the profits developers stand to make so the city can recapture some of the increased value that comes from up-zoning land to allow for taller buildings downtown.

The council discussion came after close to 90 residents talked for three hours about their concerns and hopes for three tall buildings now proposed downtown. They include the Harold Way project, an 18-story hotel proposed at 2129 Shattuck Ave. at Center Street, and a 120-foot-high condo complex, L’Argent, proposed at Shattuck Avenue and Berkeley Way. UC Berkeley is also planning to build a 120-foot building on Berkeley Way but, as a government entity, local zoning laws do not apply. … Continue reading »

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