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Background

In March 2013, Sacramento architect Adam Orozco, Arktgraf Inc. was granted an Administrative Use Permit (AUP) for a quick-serve coffee shop at 3001A Telegraph Avenue, Berkeley. The AUP waived 3 City Code requirements: 1) it permitted a 2063 sq. ft. use, larger than the 1500 sq. ft. maximum, 2) it waived the required number of off-street parking spaces for such a large space (7 spaces, 1 per 300 sq. ft.), and 3) it allowed operating hours to start at 5:30 a.m. (rather than the required 7:00 a.m. hour).

The Bateman Neighborhood Association (BNA) and Bateman resident James Smith appealed the AUP to the Berkeley Zoning Adjustments Board (ZAB) March 29, 2013. At the public hearing of that appeal, Starbucks sent a representative to oppose the appeal. ZAB denied the Bateman appeal 5-4 on June 29, 2013.

Then BNA and Smith appealed the ZAB ruling to the City Council. At two public hearings Starbucks again sent representatives to argue against the appeal. On March 11, 2014, the City Council unanimously upheld the BNA appeal and denied the AUP for the 3 waived Code requirements: Starbucks was not allowed to operate a coffee shop larger than 1500 sq. ft. at 3001 Telegraph, or to evade required off-street parking spaces, or to open before 7:00 a.m.

Immediately thereafter, Starbucks submitted new plans for a 1333 sq. ft. space (see Berkeleyside link noted below), just small enough that no additional off-street parking was needed, accomplished by erecting a wall separating the 3001A space into two distinct spaces, 3001A and 3001B. To comply with City Code restrictions on overall square footage and off-street parking provisions, Starbucks had to occupy only 3001A, not make any use of 3001B, and open no earlier than 7:00 a.m.

Current Situation

Starbucks began serving customers at 3001A Telegraph in early August, 2014. Neighbors immediately noticed that the coffee shop opened at 5:00 a.m. weekdays, 6:00 a.m. weekends, as advertised on Starbucks website (see link below, with stated hours of operation at 3001A as 5:00 a.m. to 9:00 p.m. Monday through Friday, 6:00 a.m. to 9:00 p.m. weekends), in violation of Berkeley Municipal Code 23E.36.060 Use Limitations:

A. No commercial use shall operate except between the hours of 7:00 a.m. and 12:00 midnight, except as authorized by an Administrative Use Permit, and in accordance with Section 23E.16.010.  

Additionally, Starbucks staff have been observed moving supplies and materials between 3001A and 3001B, effectively utilizing 3001B as storage that was explicitly surrendered when it presented a smaller footprint to the City in its revised plans. Because its operations exceed its 1333 sq. ft. floor plan without an AUP, and without providing offstreet parking spaces, Starbucks is in violation of the very city codes they initially sought to have waived in 2013. 

A representative of BNA contacted the City Planning office on August 29, 2014, to inquire if Starbucks had applied for or received a new AUP for the 3001A space. They had not, and City staff confirmed that operating ahead of 7:00 a.m. was a violation of the City Code. 

Over the Labor Day 2014 weekend, Starbucks posted new hours of operation, 7:00 a.m. to 9:00 p.m. each day of the week, along with a note on its window advising patrons of the change, blaming “a Berkeley City code” for the change, and promising to seek a solution to the problem. Starbucks’ website continues to indicate opening hours earlier than 7:00 a.m. 

Berkeley’s City Code provisions should have come as no surprise to Starbucks, given that it vigorously fought to have them waived in 2013, and it actively opposed citizens’ appeal of those waivers for a full year, from 2013-2014. 

While their operating hours now appear to conform to City Code, their utilization of additional space at 3001B Telegraph does not. Starbucks should immediately cease use of that space. 

Beginning operations with flagrant violations of the very City Codes Starbucks previously sought an AUP to circumvent, reflects contempt for City law, City process, and neighborhood relations. Starbucks gave only thin lip service at ZAB and City Council hearings to wanting to be a good neighbor and a good city business, but sought to get away with as much as they could right out of the gate. 

References: 

http://www.berkeleyside.com/2014/05/14/starbucks-plans-to-open-fourth-berkeley-store-after-all/