Tag Archives: Mark Rhoades

Judge tosses out legal challenge to Berkeley high-rise

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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An Alameda County Superior Court judge on Wednesday denied numerous challenges to the Environmental Impact Report prepared for 2211 Harold Way, meaning that construction of an 18-story, 302-unit building with 10,000-square feet of retail space and new movie theaters in Berkeley’s downtown can proceed – unless the decision is appealed.

In a 16-page ruling, Judge Frank Roesch denied the 15 claims Berkeley residents Kelly Hammargren and James Hendry had filed in January to stop the project. The two had filed separate challenges which were combined. Roesch conducted a four-hour court hearing on the challenges on Aug. 26.

In December, the city council approved the complex, which will be the largest construction project built since Berkeley adopted the Downtown Area Plan in 2012. Under the plan, density downtown was increased and Berkeley sanctioned the construction of seven towers ranging from 120 to 180 feet high. In exchange, developers were required to provide extraordinary community benefits.

City officials ordered the developer of 2211 Harold Way, HSR Berkeley Investments, to make a $10.5 million payment into the Housing Trust Fund, with another $1 million going into an arts fund. Habitot Children’s Museum, which will be displaced because of the project, will receive $250,000 of that money. The developer has also agreed to use union labor and to rebuild the Shattuck Cinemas. Berkeley applied a $6 million credit for the labor agreement and a $5.5 million credit for the theater. The developer will also have to pay into a streets fund and a childcare fund.

The first $2 million of that payment will be made when HSR Berkeley Investments obtains its building permit. Half will go into the housing fund then, and the other half to the arts fund. The developer will have to pay $3.5 million – or post a bond or otherwise guarantee payment – when it gets its occupancy permit.

‘The project team is pleased with the decision as it reinforces our perspective that the lawsuits were specious to begin with,” said Mark Rhoades of Rhoades Planning Group, which assisted Penner in the entitlement process. “The decision also reinforces the voters’ desires for the Downtown Plan as it is reflected in this project after more than 35 public meetings. The project team is currently in discussion on the next steps but the strength of the decision likely means that the project will move forward even IF there is an appeal.” … Continue reading »

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Court considers challenge to Berkeley high-rise

James Hendry and Kelly Hammargren await the start of the court hearing on their challenge to the 2211 Harold Way project. Photo: Frances Dinkelspiel
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Two opponents of the 18-story apartment complex planned for 2211 Harold Way in downtown Berkeley made a case in court Friday that the approval of the 302-unit building should be revisited.

Kelly Hammargren and James Hendry appeared before Judge Frank Roesch in Alameda County Superior Court to argue that the environmental impact report for the building was so deeply flawed that the project should be stopped.

              Read complete coverage of 2211 Harold Way on Berkeleyside.

The packed hearing, which brought out many of the long-time opponents of the project, lasted four hours. Neither Hammargren nor Hendry had legal representation, and clearly struggled with how to frame their legal arguments. Hammargren, for example, asked to introduce a map delineating the area west of the project. She wanted to show how close Berkeley High School is to 2211 Harold Way as part of her argument that Berkeley and the developer should have considered the impact of diesel particulates from fuel exhaust on the high school.

The judge denied her motion because the map was not part of the administrative record, which includes 15,000 pages of documents from Berkeley’s consideration of the project, as well as notes, videos, and tape recordings from many of the 37 public hearings. The CEQA hearing could only focus on what was already part of the record, not other evidence, he said.

Hammargren, who has devoted more than two years of her life to stopping the project, often tried to persuade the judge using an argument she might have made in front of the Berkeley City Council. The judge repeatedly told her to stick to legal issues and not make political speeches. He also reprimanded audience members when they burst into applause after Hammargren made a point.

“This is a court of law,” said Judge Roesch. “We don’t applaud anyone. We don’t think that political speeches are very helpful in solving the puzzle.”

Continue reading »

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Real estate

91 units over underground parking proposed on San Pablo

2100 San Pablo Ave. could one day look like this. Image: RGArchitecture
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Spirit Residential is planning to build 91 new apartments over an underground parking garage on San Pablo Avenue just south of Addison Street in West Berkeley.

A U-Haul rental outlet used to operate there but is no longer in business, according to a U-Haul rep reached by phone.

“The project will include demolition of two small existing buildings previously used as a U-Haul truck rental facility, which was forced to close after extensive City of Berkeley enforcement actions due to neighborhood impacts,” according to project materials.

See more real estate news on Berkeleyside.

The 5-story 2100 San Pablo Ave. project — just south of the Mi Tierra Foods market on Addison — was submitted to the city Feb. 16 by Mark Rhoades, who is representing San Anselmo-based Spirit Residential.

Four ground-floor live-work units and three retail and café spaces, which could be combined into one, will have four stories of apartments overhead. Rhoades said the project is unique for how far it is slated to be set back from nearby neighbors, from 40 to 60 feet away in most areas. The setback is often an area of contention during the permitting process. … Continue reading »

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Proposal to convert, expand UC Press building for offices

UC Press rendering. Image: DEVI DUTTA ARCHITECTURE, INC.
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Berkeley’s Zoning Adjustments Board will consider a proposal Thursday that would see the UC Press building at 2120 Berkeley Way renovated into a modern 6-story office building with the addition of three new stories.

The proposal, submitted by the Rhoades Planning Group, with a design by Berkeley’s Devi Dutta Architecture, was originally submitted to the city in September and has been reviewed by the Design Review Committee.

The plan would retain the existing building, but “completely upgrade and modernize [its] interior while preserving the façade on the first three floors and adding three new levels above,” according to the project documents. The remodel of the former publishing house, which is located between Shattuck Avenue and Walnut Street, would create open floor plans, allowing for greater light, install new skylights, windows and building systems. … Continue reading »

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Critics question impacts of ‘Spenger’s parking lot’ project on Berkeley Fourth Street, Ohlone heritage

A rendering of what 1900 Fourth St. may one day look like. Image: TCA Architects
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Berkeley community and zoning board members had a chance Thursday to weigh in on what the environmental impact report for a large mixed-use project planned for 1900 Fourth St. should focus on.

The “Spenger’s parking lot” project has been in the works for years, with efforts ramping up in 2014 when project reps said they found no evidence at the site of a Native American shellmound created in West Berkeley by the Ohlone Indians.

Members of the public who came to share their views about the project March 10 with the city’s Zoning Adjustments Board said they were not convinced by that assertion. Some said the land where the parking lot is now should be purchased by the city and turned into a park to honor the history and culture of the Ohlone. The property at 1900 Fourth is a city landmark, dating back to 2000, within the potential boundaries of the West Berkeley shellmound. The exact location of the shellmound is unknown and has been a matter of much debate.

Other speakers Thursday questioned the scale of the project, and how it will fit in with the surrounding neighborhood, as well as traffic impacts, air quality and liquefaction. The lot is bordered by Fourth Street, Hearst Avenue, University Avenue and the railroad tracks running east of Interstate 80.

A sprawling complex is planned at 1900 Fourth, across from the historic Spenger’s restaurant, set to reach up to 5 stories, with 135 apartments and a 372-space parking garage open to both residents and the public. The project’s approximately 207,600 square feet are slated to include about 33,000 square feet of retail and restaurant uses. The property is owned by Ruegg and Ellsworth, a real estate group that co-owns the parking lot with the Spenger family, which sold its Fresh Fish Grotto years ago. Robert Ellsworth, a Berkeley native, is co-owner of Ruegg and Ellsworth. The developer of the project is BHV CenterStreet Properties based in Danville.

(A video “fly through” of the project, created by the architect and set to music, appears below.) … Continue reading »

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Berkeley considers ways to build more affordable housing

City Council members talk to Cynthia Kroll, ABAG’s chief economist, at a special meeting to consider affordable housing issues. Photo: Frances Dinkelspiel
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Transferring development rights to allow for taller buildings. Increasing the amount of affordable housing required for large developments. Offering developers a discount if they pay into the Housing Trust Fund at the beginning of the development process rather than the end.

Read more about Berkeley affordable housing.

These were some of the ideas tossed around Tuesday night at a special city council meeting held to discuss affordable housing. While nothing was decided, the meeting brought together a broad array of people involved in housing, from economists at  the Association of Bay Area Governments (ABAG), to UC Berkeley professors specializing in housing and gentrification, to developers, consultants, affordable housing developers, Berkeley planning staff, and people involved with government subsidized housing. … Continue reading »

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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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