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The environmental impact report (EIR) procedure is far from perfect (see “West Berkeley Bowl EIR Conceals the Truth,” Daily Planet, Nov. 18), but the beauty of this legal process is that it permits the public to examine potential impacts of a development prior to its approval. 

The 173-unit housing project at 700 University Ave., proposed to replace the beloved Brennan’s and Celia’s buildings, is undergoing environmental analysis for an EIR. Investigation by the public has revealed many interesting aspects of this site. I am now convinced this might be the most preposterous place in town to put a big block of housing. 

With subterranean parking in the plans, 700 University appears to be right over an historic creek bed. Archival newspapers report that this area flooded each winter in the early days of Berkeley, with water up to five feet deep. Creek experts tell me that under the thin layer of asphalt, the site may qualify as wetlands.  

The proposed project is in a seismic liquefaction hazard zone, as is much of West Berkeley. Given the area’s origin as a marshland, I wonder how the builders will satisfy the state’s stringent seismic safety standards—or even if they can. 

Underground jet fuel lines reside in the railroad right-of-way a few feet from the property line shared by this proposed “luxury” condo-apartment block. Fuel pipelines were originally placed in such locations partly because housing was not built right next to the railroads, for a host of reasons which are obvious to those of us not employed in the “planning” or development fields.  

The owner of the pipelines is the Kinder Morgan Company, formed in 1997 by Richard Kinder and Bill Morgan, former executives of Enron. In August, the company received an order from the US Pipeline and Hazardous Materials Safety Administration to review its operating procedures because of the 44 pipeline accidents in its West Coast operations since January 2003, including the fatal explosion in Walnut Creek a year ago. 

These issues are coming to light only because 700 University Ave. was required to undergo analysis for an EIR, mandated by state law whenever a project may have a significant impact on the environment. Except for this proposal, Berkeley’s condo-rental boom has been virtually EIR-free. 

The nine-story Seagate project—I think its new name is “Arpeggio of Emeryville-in-Berkeley”—was deemed by city planning staff and the Zoning Adjustments Board (ZAB) to have no significant impact on the environment, even though maps show that it, too, may be over a creek. The builders might be in for a big surprise while executing their three stories of underground parking. 

At 2700 San Pablo Ave., a project was approved by ZAB as four stories of rentals, without an EIR, extending up to a property line shared with a modest single-family home. Neighbors sued. The judge ruled in favor of the city, because charter cities can pretty much make it up as they go along. The land was sold, at a profit to the original owner and permit applicant (Patrick Kennedy), with the zoning approvals as part of the package. The project then morphed into five stories of condos—with a smattering of lofts—which just happens to reduce the requirement for “inclusionary” (supposedly affordable) units.  

Taller than allowed by the Zoning Code, the new project should have gone back to ZAB for a fresh new set of approvals, but was not required to. The new architect for the new project changed its design significantly, to the further detriment of the neighbors. It is a different project, and should receive zoning review as such. 

The pro-construction bias of our Planning and Development Department would be laughable if not for its devastating impact on real people. The small home next to 2700 San Pablo is owned by an artist who needs the light which will be stolen by a wall of concrete. Phony “live-work” condos are sprouting everywhere, with the obligatory “granite kitchens”, even as it becomes obvious that the house party is almost over. 

The mother of all housing bubbles, fed by a long spell of low interest rates and a lending industry gone mad, has begun to deflate. In a rising market, developers go into a feeding frenzy (see Emeryville). In a falling market, condos generally fall harder than real houses (I don’t want to hear any whining from developers who get caught with their condos down). In the meantime, each big box of environmental impact working its way through Berkeley’s “planning” process deserves the public scrutiny afforded by an EIR. 

Gale Garcia is a long-time Berkeley resident.