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ZAB Looks at Cell Phone Towers, Trader Joe’s, Wright’s Garage

By Riya Bhattacharjee
Tuesday January 16, 2007

Carrying posters, placards and “No to Cell Phone Antennas” signs to the Zoning Adjustments Board meeting on Thursday, a group of South Berkeley residents questioned the need to construct a new wireless telecommunications facility that will host 18 cell phone antennas and related equipment atop the UC Storage Building at 2721 Shattuck Ave. 

A remand from the Berkeley City Council, the item has met huge opposition from area residents in the past who have cited concerns related to health, parking and loading docks. 

Neighbors fear that the radio frequency produced by telecom antennae could cause cancer and interfere with medical devices. 

“This is a storage facility, that is what it is meant for. How can the city of Berkeley just allow developers to get away like this,” said Ward Street resident Ellen McGovern, who has lived in the area for 16 years. “We do not need eighteen cell phone towers to give service to the hills,” she added. 

Nextel and Verizon, the applicants of the proposed project, have argued in letters to ZAB that the companies need the antennas in order to fill “holes” in their system. 

According to the Telecommunications Act of 1996, local governments are prohibited from rejecting wireless facilities based on health concerns as long as the stations conform to Federal Communication standards. 

Board members voted unanimously to continue the item to its Jan. 25 meeting, since staff requires additional time to finalize and report on a third-party engineering review of the project. 

 

Trader Joe’s Project 

The Trader Joe’s Project—also known as the Kragen’s Project—at 1885 University Ave., which will allow construction of a mixed-use development with 148 dwelling units, 14,390 square feet of retail, and 155 parking spaces in a two level parking garage, once again came up at the ZAB meeting on Thursday.  

At the Dec. 14 meeting, the board closed the public hearing, voted to approve the project and instructed staff to prepare revised findings for the board to adopt. 

Staff reported that the findings had been revised to “address the board’s direction that the findings reflect the superior design and benefits of the 148-unit project as proposed, rather than simply as an acceptable alternative to the 183-unit project.” 

The staff also reported the revised condition regarding construction hours which states that construction would be limited to between 7 a.m. and 5 p.m., Monday through Friday, and between 9 a.m. and 4 p.m. on Saturday. Certain construction activities, such as the placement of concrete, would be performed in a continuous manner and could require an extension of the work hours. 

The project would also not be allowed more than 10 extended working days, and at least a week’s notice would be provided to the Zoning Officer and the residents of all properties within 500 feet of the project site when construction activity will exceed the designated hours. 

The board also voted to modify an existing condition on parking according to language supplied by area resident Stephen Wollmer. 

The modified condition states that the “residents of the project shall not be permitted to participate in the City’s Residential Parking Permit program.”  

The board approved a use permit for beer and wine sales at Trader Joe’s, independent of the Alcohol and Beverage Control (ABC) license. 

The ZAB voted on the findings and the conditions and the amendments proposed. 

 

Wright’s Garage Building 

Berkeley Developer John Gordon appeared in front of the ZAB to request a use permit for the conversion of an existing commercial building (The Wright’s Garage Building) into a multi-tenant commercial building at 2629-2635 Ashby Ave. 

The proposed project is in the Elmwood District just west of the College and Ashby intersection. It consists of a two-story commercial structure (17,045 square feet with mezzanine) with one apartment unit (1,150 square feet) on the second floor, above the commercial space. 

“The building has been on the market for a little over a year now,” Gordon told board members. “It’s difficult trying to get people to come down the street.” 

Commissioner Rick Judd asked Gordon if he had specific tenants in mind, to which Gordon replied no, adding that he had a tenant mix in mind. “I need some ability to plan this development. Without some ability to extend the quotas it’s difficult to get people to move there,” Gordon said. 

Residents of Willard and the Bateman Mall neighborhood said that there would be serious problems if the ZAB approved the permit before knowing what kind of businesses would move in there. 

David Salk, president of the Elmwood Theater, said that the development would mean an opportunity for the neighborhood but cited concerns about parking that could mar the success of the revived Elmwood theater. 

“People who come to the theater already find it too difficult to park,” he said. “We don’t oppose the project but want the ZAB to recognize the important issues.” George Beier, president of the Willard Neighborhood Association, also stated that parking was the main concern of area residents. 

Some area residents said that they would prefer a small restaurant that would close by 11 p.m. 

“We have got an old building which has been out of the loop of usage,” declared ZAB Commissioner Bob Allen. “ A lot of the comments we are hearing have to do with the major impacts from the restaurant. We need staff to do a simple study of the building.” 

The board voted unanimously to continue the item to the next ZAB meeting.