Berkeley City Council
April 26, 2022

560
1643 & 1647 California St.

Berkeley, CA 94703
APN: 58-2156-18
Use Permit Set: 12-10-2020
Redesign: 5-25-2021
Planning Review:6-29-2021
Planning Review:7-15-2021
S.G
A
Sheet Contents:

Sheet
These designs, drawings and specifications
are the property of Studio GS, Inc.. Any use in
part or in whole without the written permission
of Studio GS, Inc. is prohibited by law.
2021 by Studio GS, Inc.C
SSG
R
Project No:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
E

OPPENHEIMER

RESIDENCE
SU
E
DN
L
AI
O
NR
A
FO
ICA
S
F
Exp.12.31.2021E
T
T
Revisions:
20-13-420
C
C
R
DES
EC
N
I L
E T
A
IH
T
SSG
12-21-2021 / 9:21 am12-21-2021 / 12:00 pm12-21-2021 / 2:54 pm Shadows Studies
NTS
A4.1
Existing
Project Site
Existing
Project Site
Existing
Project Site
N
N
house
garage
duplex
12-08-2020 / 3:00 pm
Actual
Shadow Accuracy Simulation
Shadow Accuracy Simulation
12-08-2020 / 3:00 pm
house
garage
duplex
Existing Shadow Line
New Shadow Line
ATTACHMENT 2
ZAB 12-09-2021

561
1643 & 1647 California St.

Berkeley, CA 94703
APN: 58-2156-18
Use Permit Set: 12-10-2020
Redesign: 5-25-2021
Planning Review:6-29-2021
Planning Review:7-15-2021
S.G
A
Sheet Contents:

Sheet
These designs, drawings and specifications
are the property of Studio GS, Inc.. Any use in
part or in whole without the written permission
of Studio GS, Inc. is prohibited by law.
2021 by Studio GS, Inc.C
SSG
R
Project No:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
E

OPPENHEIMER

RESIDENCE
SU
E
DN
L
AI
O
NR
A
FO
ICA
S
F
Exp.12.31.2021E
T
T
Revisions:
20-13-420
C
C
R
DES
EC
N
I L
E T
A
IH
T
SSG
6-21-2021 / 7:47 am6-21-2021 / 12:00 pm6-21-2021 / 6:35 pm Shadows Studies
NTS
A4.2
Existing
Pro
ject Site
Existing
Project Site
Existing
Project Site
N
gar
age
house
6 garage
house
Accessory
Structure
Accessory
Structure
Existing Shadow Line
New Shadow Line
ATTACHMENT 2
ZAB 12-09-2021

562
1643 & 1647 California St.

Berkeley, CA 94703
APN: 58-2156-18
Use Permit Set: 12-10-2020
Redesign: 5-25-2021
Planning Review:6-29-2021
Planning Review:7-15-2021
S.G
A
Sheet Contents:

Sheet
These designs, drawings and specifications
are the property of Studio GS, Inc.. Any use in
part or in whole without the written permission
of Studio GS, Inc. is prohibited by law.
2021 by Studio GS, Inc.C
SSG
R
Project No:

Drawn By:

Checked By:

Scale:

LW
2223 Fifth St.

Berkeley, CA 94710
Ph: 510.548.7448
[email protected]
www.sgsarch.com
E
No. C30114
P
E

OPPENHEIMER

RESIDENCE
SU
E
DN
L
AI
O
NR
A
FO
ICA
S
F
Exp.12.31.2021E
T
T
Revisions:
20-13-420
C
C
R
DES
EC
N
I L
E T
A
IH
T
SSG
Shadows Studies
NTS
A4.3
12-21-2021 / 2:54 pm 12-21-2021 / 12:00 pm 12-21-2021 / 9:21 am Proposed
Existing
kitchendin ingliving
kitchendiningliving
Proposed
Exi
sting
kitchendin ingliving
kitchendiningliving
Proposed
Exi
sting
kitchendin ingliving
kitchendiningliving
1639 California St. Shadow Impact Study
6-21-2021 / 5:00 pm
1609 Virginia St. Shadow Impact Study
6-21-2021 / 6:35 pm
Bedroom Kitchen
Bedroom Kitchen
Bedroom Kitchen
Bedroom Kitchen
6-21-2021 / 5:00 pm6-21-2021 / 6:35 pm
Proposed North Wall
Existing North Wall
Proposed West Wall
Existing West Wall
Kitchen
Kit
chen Kitchen
Kitchen
Proposed West Wall
Exi
sting West Wall
Proposed North Wall
Existing North Wall
ATTACHMENT 2
ZAB 12-09-2021

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ZAB 12-09-2021

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Z ONIN G

A DJUSTMENTS
B OARD
Staff Report
1947 Cent
er Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]

FOR BOARD ACTION
DECEMBER 9, 2021
1643 & 1647 California Street
Use Permit # ZP2021-0001 to 1) create new lower basement level, 2) construct a new, second story, and 3) modify the existing duplex layout, resulting in a 3,763 square foot duplex on an existing property I. Background
A. Land Use D
esignations:
• General Plan: Medium Density Residential
• Zoning: R-2 – Restricted Two-Family Residential District B. Zoning Pe
rmits Required:
• Use Permit , under Berkeley Municipal Code ( BMC) Section 23C.0 4.070.C to enlarge a lawful non- conforming structure that is non- conforming by reason of violation of the maximum allowable lot coverage;
• Use Permit, under BMC Section 23C.04.070.E to enlarge a lawful non-conforming structure that is non- conforming by reason of violation of the maximum allowable density;
• Administrative Use Permits, under BMC Section 23C.04.070.B to horizontally extend two non-conforming yards (front and rear);
• Administrative Use Permit under BMC section 23D.28.030 to permit a major residential addition;
• Administrative Use Permit under BMC Section 23D.28.070.C to allow an addition over 14 feet in height.; and
• Administrative Use Permit under BMC Section 23D.28.050 to construct a fifth bedroom
C. CEQ
A Recommendation: It is staff’s recommendation that the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Existing Facilities”). The determination is made by ZAB.

Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not affect any historical resource.

Attachment 3

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File: \\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\California\1643-1647\ZP2021-0001\DOCUMENT FINALS\2021-12-09_ZAB_SR_1643 California.docx

D. Parties Involved:
• Applicant Sundeep Grewel, Berkeley
• Property Owner Ido and Tamar Oppenheimer, Berkeley

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Figure 1: Vicinity Map

Project Site

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Figure 2: Site Plan

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Figure 3: Front Elevation

Figure 4: Rear Elevation

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Table 1: Land Use Information
Location Existing Use Zoning
District General Plan Designation
Subject Property Multi-Family
R-2 Low Medium Density Residential Surrounding
Properties
North Single-Family
South Single-Family
East Single-Family
West Multi-Family

Table 2: Special Characteristics
Characteristic
Applies
to
Project?
Explanation
Affordable Child Care Fee for
qualifying non-residential projects
(Per Resolution 66,618-N.S.)
No Project is entirely residential, and therefore, this project is not subject to this resolution
Affordable Housing Fee for qualifying
non-residential projects (Per
Resolution 66,617-N.S.)
No Project is entirely residential, and therefore, this project is not subject to this resolution
Affordable Housing Mitigations for
rental housing projects (Per BMC

22.20.065)
No The project proposes to maintain the two dwelling
units that currently exist at the property.

Creeks No The site does not contain a mapped creek or a creek culvert.

Density Bonus No The project is not proposing to add dwelling units through a Density Bonus application

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Natural Gas Prohibition
(Per BMC 12.80.020) No
This project is an application for construction to an
existing two-unit structure, and is therefore not
subject to the Natural Gas Prohibition.

Historic Resources No
The project site is not designated as a Landmark
by the City, nor is the application proposing to
demolish the existing structure.

Housing Accountability Act (Gov’t
Code Section 65589.5(j)) Yes
The existing structure is non-conforming for lot
coverage, density, and yards. The proposed
additions would continue these non-conformities.

Therefore, the proposed project does not comply
with the applicable, objective zoning standards.

However, the project is eligible for zoning
adjustments through the use permit process, and
there are no objective standards or findings for
considering such permits, so the HAA still applies
to the project. See Section V.B of this report for
additional discussion on compliance with the
Housing Accountability Act.

Housing Crisis Act of 2019 (SB330) Yes
The project is: all residential; a mixed-use project
with at least two-thirds of the square-footage
residential; or for transitional or supportive
housing. See Section V.A of this report for
additional discussion on the sections of SB330 that
apply to the project.

Oak Trees No There are no Coast Live Oak Trees on the
property.

Rent Controlled Units No The property contains two units that are owner occupied and are not considered rent controlled.

Residential Preferred Parking (RPP) No This property is not located in a Residential Preferred Parking Zone
Seismic Hazards (SHMA) No
The site is not located within an area susceptible
to liquefaction, Fault Rupture, or Landslides as
shown on the State Seismic Hazard Zones map.

Soil/Groundwater Contamination No
The project site is not listed on the Cortese List (an
annually updated list of hazardous materials sites).

Per §15300.2 of the CEQA Guidelines, a
categorical exemption may be used on sites not
listed on the Cortese List.

Transit Yes
The site is located near the corner of California
and Virginia Streets, one block east of Sacramento
Street. Sacramento is served by AC Transit line 52
and there are bus stops one block away to the
west.

Table 3: Project Chronology
Date Action
January 8, 2021 Application submitted
September 24, 2021 Application deemed complete
November 23, 2021 Public hearing notices mailed/posted
December 9, 2021 ZAB hearing
February 7, 2022 CEQA deadline

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Table 4: Development Standards
Standard
BMC Sections 23D.28.070-080
Existing Proposed Total Permitted/
Required
Lot Area (sq. ft.) 3,100 No change 5,000 min
Gross Floor Area (sq. ft.) 1,334 3,763 N/A
Dwelling Units Total 2 No Change 1 max (1 per 2,500 sq.ft. of lot area)
Building
Height
Average (ft.) 13’-6” 23’-10” 28’ max
Stories 1 2 3 max
Building
Setbacks (ft.)
Front 10’ No Change 20’ min
Rear 16’-10” No Change 20’ min
Left Side 3’-11” 4’-0” 4’ min
Right Side 5’6” 5’5” 4’ min
Lot Coverage (%) 50% 44% 40% max
Usable Open Space (sq. ft.) 500 1,029 800 min
Parking Automobile 0 0 2 min

II. Project Setting

A. Neighborhood/Area Description: The project site is located in the North Berkeley neighborhood, on the east side of California Street at the corner of California and Virginia Street. It is one block east of Sacramento Street and four blocks west of Martin Luther King Jr. Way . The surrounding area consists of residential uses ranging from one- and two-story single-family dwellings, and two- story multi-family buildings. B us service is available via transit lines on Sacramento Street.

B. Site Conditions: The subject property is a small, rectangular lot, oriented in the east- west direction, and is approximately 3,100 square feet in total area. It features a one- story main building originally constructed as a duplex. The building faces west, toward California Street. At some point in the past, the kitchen of the left side unit (1643 California) was removed without permits, and a doorway was installed between the two units, effectively converting the house to one unit, without the necessary approval of a Use Permit to remove a dwelling.

The property and structure is currently non-conforming due to several reasons: 1) the property is non-conforming to the lot coverage, currently at 50 percent coverage where 45 percent coverage is the limit for a one- story structure; 2) the property is non- conforming to the allowable residential density, containing two units when only one unit is permitted due to the lot size (prior to the unauthorized removal of 1643 California); and 3) the structure is located within the required front, rear, and left side yards.

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III. Project Description

Proposed Project: The project would make several alterations to the existing property. The existing residential structure would be shifted by 1-inch to the south to create a conforming left (north) side setback of 4 feet. The proposal would restore the left dwelling unit at 1643 California, but would shrink the size of this unit from 650 square feet to 501 square feet .

Additionally, the floor plan of the main level of right unit (1647 California) would be modified to serve as the main living area, with an open floor plan kitchen/dining/living room, plus a full bathroom. The structure would be expanded by creating a new basement level 1, contained below the existing building footprint, solely serving 1647 California. This level would contain a family room/home gym, half bath, one new bedroom with a full bathroom, and closet and storage area. The proposal would add a new second level on top of the existing structure, also solely serving 164 7 California, which would contain three new bedrooms and two full bathrooms. The second story would step in at the front to provide a balcony, and would step in from the rear to comply with the required 20 -foot rear yard setback. In total, 1647 California would expand by 2,612 square feet, from 650 square feet to 3,262 square feet in total.

Other site work includes the removal of an existing accessory shed, and the construction of an on-grade deck in the southeastern corner of the rear yard.

IV. Community Discussion

A. Neighbor/Community Concerns: On January 19, 2021, the City mailed postcards to neighboring property owners and occupants within 300 feet to inform the public of the receipt of a Zoning Permit application at this site
2 and posted project yellow posters.

On November 23, 2021, the City mailed public hearing notices to nearby property owners and occupants, and to interested neighborhood organizations and the City posted notices within the neighborhood in three locations.

At the time of writing this report, staff has received several communications regarding the project, both in support and opposition. All communications received have been included as attachment #4.

Concerns raised include:
a. Neighbors to the east and south have raised concerns due to the proposed increase in size of the house on a small lot.
b. Concerns from each adjacent neighbor regarding the impacts to privacy and to shadows from the two-story design and increase in height. c. Concern with the project being out of scale with the neighborhood and surrounding properties, especially given the existing non- conformities of the property.

1 The basement would not count as a story, as no portion of the basement level would be exposed to the existing grade by more than 6 feet, per the definition in BMC Section 23F.04. 2 To comply with Public Health Orders related to Covid-19, the standard protocol for installation of a Project Yellow Poster and/or neighborhood contact and signatures was indefinitely waived.

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Support of the application includes:
a. I mproved structure and project site;
b. Restoration of the second dwelling unit.

V. Issues and Analysis

A. SB 330 – Housing Crisis Act of 2019: The Housing Crisis Act, also known as Senate Bill 330, seeks to boost homebuilding throughout the State with a focus on urbanized zones by expediting the approval process for and suspending or eliminating restrictions on housing development. Housing development is defined as a project that is: all residential; a mixed- use project with at least two- thirds of the square- footage residential; or for transitional or supportive housing. Sections of SB 330 that apply to the proposed project include the following:

1. Government Code § 65905.5(a) states that if a proposed housing development project complies with the applicable, objective general plan and zoning standards in affect at the time an application is deemed complete, then the city shall not conduct more than five (5) hearings in connection with the approval of that housing development project. This includes all public hearings in connection with the approval of the housing development project and any continuances of such public hearings. The city must consider and either approve or disapprove the project at any of the five hearings consistent with applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with §65920)).

The December 9, 2021 ZAB hearing represents the first public hearing for the proposed project since the project was deemed complete. The City can hold up to four additional public hearings on this project, if needed. One of those hearings must be reserved for any possible appeal to the City Council.

2. Government Code § 65913.10(a) requires that the City determine whether the proposed development project site is a historic site at the time the application for the housing development project is deemed complete. The determination as to whether the parcel is a historic site must remain valid during the pendency of the housing development project, unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities.

The project site is not a historic site.

3. Government Code §65950(a)(5) requires a public agency to approve or disapprove a project within 60 days from the determination that the project is exempt from the California Environmental Quality Act. The project was deemed complete on July 8, 2021. Should ZAB determine the application is categorically exempt from CEQA at the December 9, 2021 public hearing, the application must be approved or disapproved by February 7, 2021.

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B. Housing Accountability Act Analysis: The Housing Accountability Act (HAA), California Government Code Section 65589.5(j), requires that when a proposed housing development complies with the applicable, objective general plan and zoning standards, but a local agency proposes to deny the project or approve it only if the density is reduced, the agency must base its decision on written findings supported by substantial evidence that:

1. The development would have a specific adverse impact on public health or safety unless disapproved, or approved at a lower density; and

2. There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density.

The existing structure is non- conforming for lot coverage, density, and yards. The proposed additions would continue these non-conformities. Therefore, the proposed project does not comply with the applicable, objective zoning standards. However, the project is eligible for zoning adjustments through the use permit process, and there are no objective standards or findings for considering such permits, so the HAA still applies to the project. Therefore, the City may not deny the project or approve the project at a reduced density without basing its decision on the written findings under Section 65589.5(j), above.

However, the City may request modifications to the project to mitigate impacts or avoid specific adverse impacts on surrounding properties, so long as the project is not approved at a reduced density.

C. Findings for Addition to a Structure on Parcel with Non- Conforming Lot Coverage: Pursuant to BMC Section 23C.04.070.C, additions and/or enlargements of lawful non- conforming structures that are non-conforming by reason of lot coverage are permitted with a Use Permit if the addition/enlargement does not increase coverage or exceed the height limit. As previously mentioned, the property is non-conforming to the maximum allowable lot coverage, with 50 percent coverage, where 45 percent is the District maximum on this R -2 property. The proposed addition would remove an existing shed in the rear yard, which would reduce the lot coverage to 44 percent, while creating a two-story house, which decreases the allowable lot coverage to 40 percent.

While the proposed structure would still be non- conforming to the allowable lot coverage, the project would reduce the non- conformity from 5 percent over the allowable limit to 4 percent over the allowable limit. The proposed addition is located over existing covered area, and therefore, does not increase the non- conforming lot coverage. Additionally, while the addition consists of a second story addition, reaching a total of 23 feet, 10 inches, which complies with the maximum average height limit of 28 feet.

D. Findings for Addition to a Structure on Parcel with Non- Conforming Density:

Pursuant to BMC Section 23C.04.070.E, additions and/or enlargements of lawful non- conforming structures that are non-conforming by reason of residential density are permitted with a Use Permit if the addition/enlargement does not increase the density or exceed the height limit. The project proposes to maintain the density at two units,

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therefore, it does not increase the density. As described in Section V.C, above, the addition would comply with the allowable average height limit in the district.

E. Findings for Addition to Vertically Extend and Alter a Structure with Non- Conforming Yards: Pursuant to BMC Section 23C.04.070.C, additions and/or enlargements which vertically extend or alter a portion of a building which encroaches into a non-conforming yard may be of lawful non- conforming structures that are non- conforming by reason of residential density are permitted with an Administrative Use Permit if the existing use of the property is conforming and if the addition/enlargement would not 1) reduce any yard below the minimum setback requirements, or further reduce existing non-conforming yards; or 2) exceed the maximum or calculated height limits. As previously explained, the existing residential structure is non- conforming to the front, rear, and left (north) side setbacks. The proposed addition/enlargement of the house would correct the non- conforming left side setback, but is proposed to vertically extend the non-conforming front and rear setbacks. The front setback would be vertically extended both up (with the second story) and down (with the basement), while the rear setback would be vertically extended down with the expansion of the basement. The second story at the rear would comply with the required 20- foot rear yard setback. As the enlargement of the building would comply with the permitted residential use on the property, and the vertical expansions within the non-conforming setbacks would not further reduce the non- conformity, these expansions are permissible.

F. Addition of a Fifth Bedroom to an R -2 Parcel: Pursuant to BMC Section 23D.28.050, an Administrative Use Permit is required to approve the addition of a fifth bedroom to a parcel in the R -2 Zoning District. This project proposes to increase the total number of bedrooms on the property from four to five bedrooms. The addition of this fifth bedroom would not add density to the site, or intensify the use of the residential property.

G. Restricted Two-Family Residential District ( R-2) Findings: This project proposes to construct a major residential addition over 14- feet in height. As required by BMC Section 23D.28.090.A and BMC 23B.32.040.A, the Zoning Adjustments Board must make a finding of general non-detriment for any Administrative Use Permit in the R-2 Zoning District. This project would add approximately 2,429 square feet to the existing 1,334 square foot duplex. The project would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City because of the following reasons:

i. The project would add a second level to the home, of which there are several examples in the neighborhood.
ii. The second story addition would step in and comply with the required front and rear yard setbacks.
iii. A basement is proposed to be added. While adding additional square footage to the building, the basement would not create any new impacts to the surrounding

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neighbors due to its placement partially below grade, maintaining the existing first floor level.
iv. The neighborhood is a mix of residential uses, including apartments and single- family and multi-family homes. Existing structures in the immediate neighborhood vary in height from one to two stories.
v. In addition, the project approval is subject to the City’s standard conditions of approval regarding construction noise and air quality, waste diversion, toxics, and stormwater requirements, thereby ensuring the project will not be detrimental.

H. General Plan Consistency: The following analysis of conformance with the 2002 General Plan goals and policies is provided only for information purposes and to provide context. They do not require findings of conformance because the proposed project is HAA-compliant.

1. Policy LU -3 – Infill Development : Encourage infill development that is architecturally and environmentally sensitive, embodies principles of sustainable planning and construction, and is compatible with neighboring land uses and architectural design and scale.

2. Policy H-33 – Regional Housing Needs: Encourage housing production adequate to meet City needs and the City’s share of regional housing needs.

3. Policy LU- 7 – Neighborhood Quality of Life, Action A: Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area.

4. Policy UD-17 – Design Elements: In relating a new design to the surrounding area, the factors to consider should include height, massing, materials, color, and detailing or ornament.

5. Policy UD- 24 – Area Character: Regulate new construction and alterations to ensure that they are truly compatible with and, where feasible, reinforce the desirable design characteristics of the particular area they are in.

6. Policy H-12 – Transit-Oriented New Construction: Encourage construction of new medium- and high-density housing on major transit corridors and in proximity to transit stations consistent with zoning, applicable area plans, design review guidelines, and the Climate Action Plan.

VI. Recommendation

Because of the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recommends that the Zoning Adjustments Board:

A. APPROVE ZP2021-0001 pursuant to Section 23B.32.030 and subject to the attached Findings and Conditions (see Attachment 1).

Attachments:

1. Findings and Conditions

2. Project Plans, dated August 26, 2021

3. Notice of Public Hearing

4. Correspondence Received

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Sta
ff Planner: Nicholas Armour, [email protected], (510) 981-7485

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Index &
Administrative Record
ZAB Appeal:
1643-1647 California
Street
These attachments are on file and available for review
upon request from the City Clerk Department, or can
be accessed from the City Council Website.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:

The City of Berkeley, City Council’s Web site
http://www.cityofberkeley.info/citycouncil/
Attachments 4 & 5 Page 61 of 63
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Attachment 6
NOTICE OF PUBLIC HEARING – BERKELEY CITY COUNCIL

PUBLIC PARTICIPATION BY REMOTE VIDEO ONLY
ZAB APPEAL: 1643-1647 CALIFORNIA STREET, USE PERMIT #ZP2021-0001 Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, APRIL 26, 2022 at 6:00 P.M. a public hearing will be conducted to consider an appeal of the decision by the Zoning Adjustments Board to approve Zoning Permit #ZP2021-0001 to: 1) create a new lower basement level, 2) construct a new second story, and 3) modify the existing duplex layout resulting in a 3,763 square foot duplex on an existing property.

A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of April 14, 2022. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.

For further information, please contact Allison Riemer, Project Planner, (510) 981-7433, or [email protected]. Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e- mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.
________________________________
Mark Numainville, City Clerk
Mailed: April 12, 2022
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6, no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed.

Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the

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City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available by request from the City Clerk Department and posted on the City of Berkeley webpage at least 10 days prior to the public hearing.

593
594
Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

PUBLIC HEARING
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt first reading of an Ordinance containing technical edits, corrections and other non-substantive amendments to the following sections of the new Zoning Ordinance:
 BMC Section 23.326.030 (Eliminating Dwelling Units through Demolition)  BMC Section 23.204.020 (Allowed Land Uses)
 BMC Section 23.204.100 (C-SA Zoning District)
 BMC Section 23.204.110 (C-T Zoning District)
 BMC Section 23.204.130 (C-DMU District)
 BMC Section 23.204.140 (C-W Zoning District)
 BMC Section 23.206 (Manufacturing Districts)
 BMC Section 23.302.040 (Home Occupations)
 BMC Section 23.304.060 (Accessory Buildings and Enclosed Accessory Structures)
 BMC Section 23.322.030 (Required Parking Spaces)
 BMC Section 23.502.020 (Glossary)

FISCAL IMPACTS OF RECOMMENDATION
Adoption of the recommended amendments will not result in any costs to the City.

CURRENT SITUATION AND ITS EFFECTS
Ensuring an accurate Zoning Ordinance is a Strategic Plan Project, advancing our goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

On October 12, 2021, the City Council adopted a new Zoning Ordinance (Title 23 – Berkeley Municipal Code). This action was the culmination of the first comprehensive review of the Zoning Ordinance since 1999. The intent of the new Zoning Ordinance was to reword and reformat the Zoning Ordinance to make Berkeley’s land use

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Zoning Ordinance Amendments making Technical Edits PUBLIC HEARING and Corrections to BMC Title 23 APRIL 26, 2022

regulations easier to understand and administer. Accordingly, staff advised the Council that aside from a specific list of “consent changes” developed and adopted as part of the Zoning Ordinance Revision Project to maintain consistency with State law and codify departmental practices, the new Zoning Ordinance was not intended to contain any substantive policy changes.

The new Zoning Ordinance became effective December 1, 2021. As anticipated, the introduction of the new Zoning Ordinance has revealed some inconsistencies and inadvertent changes that need to be corrected to ensure that the new Zoning Ordinance accurately states City Council policy, as contained in the old Zoning Ordinance, and does not inadvertently make changes beyond those the Council has authorized.

Because the new Zoning Ordinance contained some inadvertent changes / errors, there are a total of 15 amendments / corrections to the new Zoning Ordinance included in this report, which are summarized below in Table 1. At its meeting of March 2, 2022, the Planning Commission reviewed and discussed these amendments and voted to send this recommendation to the City Council by a vote of 8-0-0-1 [Moved Twu, Second Vincent. Ayes: Hauser, Kapla, Mikiten, Moore, Oatfield, Twu, Vincent, and Wiblin. Noes:

None. Abstain: None. Absent: Ghosh].

Table 1. Recommended Zoning Ordinance Amendments
Subject/Section Issue Amendment
Sec 23.326.030:

Elimination of
Dwelling Units
through Demolition
The Demolition Ordinance is missing
language that prohibits the
demolition of buildings with 2 or
more dwelling units that have been
subject to the Ellis Act in the past 5
years.

Adds missing language.

Sec 23.204.020:

Allowed Uses in
Commercial Districts
Table—Legend
The Allowed Uses Table legend has
a misnumbered reference to the
AUP code section.

Provides correct cross-
reference.

Sec 23.204.020:

Allowed Uses in
Commercial Districts
Short-Term Rentals
The Allowed Uses Table misstates
that Short-Term Rentals (STR) are
permitted in the C-E, C-SO and C-
AC Districts.

Corrects the Allowed Use
Table to clarify that STRs are
not permitted in the C-E, C-
SO and C-AC Districts.

Sec 23.204.100:

C-SA Dealership
Overlay Area
The code contains an outdated
reference to the C-SA Dealership
Overlay Area.

Removes the C-SA
Dealership Overlay Map and
regulations.

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Zoning Ordinance Amendments making Technical Edits PUBLIC HEARING and Corrections to BMC Title 23 APRIL 26, 2022

Subject/Section Issue Amendment
Sec 23.204.100:

C-SA Height
Districts
Height Districts Map
The C-SA Height Districts map and
regulations include parcels that are
within the C-AC District.

Removes the C-AC
designated parcels from the
C-SA Height Districts map
and renumbers Height
Districts as appropriate.

Sec 23.204.110:

C-T Zoning District
Maximum Height
The Maximum Height Table in the
C-T District north of Dwight Way
incorrectly includes a limit on the
number of stories.

Removes the limit on the
number of stories.

Sec 23.204.130:

C-DMU Zoning
District
Setbacks
The C-DMU District incorrectly
includes a street side setback.

Removes the street side
setback requirement.

Sec 23.204.141:

C-W Zoning District
Minimum Lot Area
The C-W District incorrectly includes
a minimum lot area for Group Living
Accommodations (GLAs).

Removes the minimum lot
requirement for GLAs.

Sec 23.206.020:

M District
ADUs
The Allowed Use Table incorrectly
indicates that ADUs are permitted in
the M District.

Changes “P” (permitted) to
“NP” (not permitted).

Sec 23.302.040:

Home Occupations
Definition
The Zoning Ordinance defines
Home Occupations twice.

Removes the definition in the
Home Occupations Chapter
and maintains the definition
in the Glossary.

Sec 23.304.060:

Accessory Buildings
and Enclosed
Accessory
Structures
List Numbering
The list is misnumbered. Corrects list numbering.

Sec 23.322.030:

Required Parking
Spaces
ES-R District
Minimum parking requirements for
the ES-R District were not included
in the new Zoning Ordinance.

Adds ES-R residential
parking requirements.

Sec 23.502.020:

Glossary
Family Day Care
Home
Incorrect grammar in definition. Grammar corrected to ensure subject/verb agreement.

Sec 23.502.020:

Glossary
Nurseries
Glossary definition of “Retail,
General” excludes Nurseries.

Removes Nurseries from list
of uses excluded from
“Retail, General” definition.

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Zoning Ordinance Amendments making Technical Edits PUBLIC HEARING and Corrections to BMC Title 23 APRIL 26, 2022

BACKGROUND
At its meeting of March 2, 2022, the Planning Commission held a public hearing on the proposed amendments.1 The Planning Commission recommended adoption of the proposed amendments by a vote of 8-0-0-1 (Moved: Twu; Seconded: Mikiten; Ayes:

Hauser, Kapla, Mikiten, Oatfield, Twu, Vincent and Wiblin; Noes: None; Abstentions:

None; Absent: Ghosh).

When the new Zoning Ordinance was presented to the City Council, staff had indicated that routine updates to the Zoning Ordinance would regularly come before the City Council to correct unintended errors and make text edits. This is the first such package of amendments. A second, smaller package will be presented to the City Council before the 2022 summer recess.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental and climate impacts or opportunities associated with the adoption of the proposed amendments.

RATIONALE FOR RECOMMENDATION
The proposed Zoning Ordinance amendments are required to ensure that the new Zoning Ordinance accurately reflects the prior ordinance and City Council policy, and does not contain any changes from the old Zoning Ordinance that were not specifically authorized by City Council.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives were considered.

CONTACT PERSON
Jordan Klein, Director of Planning & Development, 510-981-7410 Justin Horner, Associate Planner, Planning and Development, 510-981-7476 Attachments:
1: Ordinance
Exhibit A: C-SA Building Height Subarea Map, amended
2: Consent Changes Matrix
3: Report to Planning Commission, March 2, 2022
4: Public Hearing Notice
1 Agenda-related materials for the March 2, 2022 Planning Commission meeting can be found here:
https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_- _Commissions/Commission_for_Planning/2022-03-02%20PC%20Agenda_linked.pdf

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Attachment 1
ORDINANCE NO. -N.S.

AMENDING TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO CORRECT ERRORS

AND MAKE NON-SUBSTANTIVE, TECHNICAL EDITS TO THE ZONING ORDINANCE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 23.326.030 is amended to read as follows:

23.326.030 Eliminating Dwelling Units through Demolition A. Buildings with Two or More Units Constructed Before June 1980.

1. Applicability. This subsection only applies to building with two or more units constructed before June 1980.

2. Limitation.
(a) Demolition is not allowed if:
i. The building was removed from the rental market under the Ellis Act during the preceding five years; or
ii. There have been verified cases of harassment or threatened or actual illegal eviction during the immediately preceding three years. (b)  Where allegations of harassment or threatened or actual illegal eviction are in dispute, either party may request a hearing before a Rent Board Hearing Examiner. The Rent Board Hearing Examiner will provide an assessment of the evidence and all available documentation to the ZAB. The ZAB shall determine whether harassment or threatened or actual illegal eviction occurred.

23. Findings. The ZAB may approve a Use Permit to demolish a building constructed before June 1980 on a property containing two or more dwelling units if any of the following are true:
(a) The building containing the units is hazardous or unusable and is infeasible to repair.

599

2 (b) The building containing the units will be moved to a different location within Berkeley with no net loss of units and no change in the affordability levels of the units.
(c) The demolition is necessary to permit construction of special housing needs facilities such as, but not limited to, childcare centers and affordable housing developments that serve the greater good of the entire community.
(d) The demolition is necessary to permit construction approved pursuant to this chapter of at least the same number of dwelling units.

34. Fee Required.
(a) The applicant shall pay a fee for each unit demolished to mitigate the impact of the loss of affordable housing in Berkeley.
(b) The amount of the fee shall be set by resolution of the City Council. (c) In Lieu of a Fee.
i. In lieu of paying the impact fee, the applicant may provide a designated unit in the new project at a below market rate to a qualifying household in perpetuity.
ii. The affordability level of the below market rent and the income level of the qualifying household shall be set by resolution of the City Council.
iii. The applicant shall enter into a regulatory agreement with the City of Berkeley to provide the in lieu units.

45. Occupied Units.
(a) Applicability.
i. The requirements in this subsection apply if units to be demolished are occupied.

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3 ii. These requirements do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction.
(b) Notice. The applicant shall provide all sitting tenants notice of the application to demolish the building no later than the date it is submitted to the City, including notice of their rights under Municipal Code Section 13.76 (Rent Stabilization and Eviction for Good Cause Program). (c) General Requirements.
i. The applicant shall provide assistance with moving expenses equivalent to in Chapter 13.84 (Relocation Services and Payments for Residential Tenant Households).
ii. The applicant shall subsidize the rent differential for a comparable replacement unit, in the same neighborhood if feasible, until new units are ready for occupancy. Funding for the rent differential shall be guaranteed in a manner approved by the City. iii. Exception. An applicant who proposes to construct a 100 percent affordable housing project is not required to comply with this subsection but must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the California Relocation Act (Government Code sections 7260 et seq.).
(d) Sitting Tenants Rights.
i. Sitting tenants who are displaced as a result of demolition shall be provided the right of first refusal to move into the new building. ii. Tenants of units that are demolished shall have the right of first refusal to rent new below-market rate units designated to replace

601

4 the units that were demolished, at the rent that would have applied if they had remained in place, as long as their tenancy continues. iii. Income restrictions do not apply to displaced tenants. iv. Exception.
(1) An applicant who proposes to construct a 100 percent affordable housing project is not required to comply
with 23.326.030.A.4.a, b, and c, but must comply with the following requirement.
(2) Sitting tenants who are displaced as a result of
demolition and who desire to return to the newly constructed building will be granted a right of first refusal subject to their ability to meet income qualifications and other applicable eligibility requirements when the new units are ready for occupancy.

Section 2. That Berkeley Municipal Code Section 23.204.020 Table 23.204-1 is amended to read as follows:

Table 23.204-1: Allowed Uses in the Commercial Districts COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.030Error! Reference
source not found.(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Residential Uses
Accessory Dwelling Unit See Error! Reference source not found.—Error! Reference source not found.

Dwellings
Single-Family UP(H) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Error! Reference
source not
found..B.3
Two-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Error! Reference
source not
found..B.3
Multi-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Error! Reference
source not
found..B.3

602

5 COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.030Error! Reference
source not found.(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Group Living Accommodation UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Error! Reference
source not
found..B.3Hotel, Residential UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Error! Reference
source not
found..B.3
Mixed-Use Residential UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) See
Error!
Referenc
e source
not
found.

UP(PH)
Error! Reference
source not
found..B.3; Error!
Reference source
not found..B.4
Senior Congregate Housing See Error! Reference source not found..H Public and Quasi-Public Uses
Child Care Center UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Cemetery/Crematory/Mausoleum NP NP NP NP NP NP NP NP NP NP NP Club/Lodge UP(PH) UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) Columbaria See Error! Reference source not found..C
Community Care Facility AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC AUP Community Center UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Emergency Shelter
See Error!
Reference
source not
found.
– – See Error! Reference source not found.

Family Day Care Home, Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Family Day Care Home, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Hospital UP(PH) UP(PH) NP NP NP NP NP NP UP(PH) UP(PH) NP Library UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Mortuaries and Crematories UP(PH) UP(PH) NP NP NP NP NP NP NP UP(PH) NP Municipal Animal Shelter – – – – – – – – – – --
Nursing Home UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Park/Playground ZC ZC ZC ZC ZC ZC ZC ZC ZC AUP ZC
Public Safety and Emergency
Service

UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Religious Assembly UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) School UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) School, Vocational AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP
Retail Uses
Alcoholic Beverage Retail Sale UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* UP(PH)* UP(PH)* Error! Reference
source not
found..B.2; Error!
Reference source
not found.

Cannabis Retailer ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* Error! Reference
source not found.;

12.21; and 12.22
Cannabis Retailer, Delivery Only ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* -- Error! Reference
source not found.;

12.21; and 12.22
Firearm/Munitions Business UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH) UP(PH)* Error! Reference
source not
found..D

603

6 COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.030Error! Reference
source not found.(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Industrial and Mining Products – – – – – – – – – – --
Pawn Shop/Auction House UP(PH) – NP NP NP NP NP NP UP(PH) UP(PH) NP Pet Store UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) ZC [3] UP(PH) Retail, General ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC ZC* [2] ZC ZC* [3] ZC* Error! Reference
source not
found..E (for
department stores)
Error! Reference
source not
found..F (for drug
stores)
Smoke Shop UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH)* UP(PH)*

23.302.070.I
Personal and Household Service Uses
Personal and Household Services,
General
ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] ZC ZC [5] ZC Kennels and Pet Boarding NP NP NP NP NP NP NP NP NP UP(PH) NP Laundromats and Cleaners AUP AUP UP(PH) UP(PH) UP(PH) AUP AUP UP(PH) UP(PH) AUP [4] AUP Veterinary Clinic UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Video Tape/Disk Rental ZC [1] ZC [1] ZC [2] AUP ZC [2] - ZC ZC [2] ZC ZC [5] NP Office Uses
Business Support Services ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC* ZC [2] ZC ZC [5] ZC [6] Error! Reference
source not
found..B.6
Banks and Financial Services,
Retail
AUP AUP UP(PH) UP(PH) UP(PH) ZC [1] AUP* UP(PH) ZC* AUP ZC Error! Reference
source not
found..B.6; Error!
Reference source
not found..B.3;
Error! Reference
source not
found..D.3
Insurance Agents, Title
Companies, Real Estate Agents,
Travel Agents
ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC* ZC* [2] ZC* ZC [5] ZC [6] Error! Reference
source not
found..D;Error!
Reference source
not found..B.6;
Error! Reference
source not
found..D.3
Medical Practitioners ZC [1] ZC [1] AUP NP UP(PH) ZC [1] AUP* UP(PH) ZC* ZC [5] ZC [6] Error! Reference
source not
found..D; Error!
Reference source
not found..B.6;
Error! Reference
source not
found..D.3
Non-Chartered Financial
Institutions
UP(PH)* UP(PH)* NP NP NP UP(PH)* UP(PH)* NP NP UP(PH)* UP(PH) Error! Reference
source not
found..F Error!
Reference source
not found..B.6
Office, Business and Professional
ZC [1] ZC [1] AUP* AUP* AUP* ZC [1] AUP* AUP* ZC* ZC [5] ZC [6] Error! Reference
source not
found..B; Error!
Reference source
not found..B.6;
Error! Reference
source not
found..D.3

604

7 COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.030Error! Reference
source not found.(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented Business UP(PH)* UP(PH)* NP NP NP NP NP NP UP(PH)* UP(PH)* NP Error! Reference
source not
found..A
Amusement Device Arcade UP(PH)* UP(PH)* NP NP NP UP(PH)* NP NP UP(PH)* UP(PH)* UP(PH) Error! Reference
source not
found..B
Bar/Cocktail Lounge/Tavern UP(PH)* UP(PH)* UP(PH)* – NP UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* UP(PH) Error! Reference
source not
found..B.3; Error!
Reference source
not found..B.2;
Error! Reference
source not found.

Commercial Recreation Center See Error! Reference source not found..A Dance/Exercise/Martial Arts/Music
Studio
ZC [1] ZC [1] ZC [2] AUP AUP [4] ZC [1] ZC AUP ZC ZC [7] ZC Entertainment Establishment UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Food Service Establishment See Error! Reference source not found..E Group Class Instruction ZC [1] ZC [1] AUP AUP AUP* ZC [1] ZC* AUP ZC* ZC ZC Error! Reference
source not
found..B
Gym/Health Club See Error! Reference source not found..C Hotels, Tourist UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Motels, Tourist UP(PH) UP(PH) NP NP NP NP NP NP UP(PH) UP(PH) NP Theater

UP(PH) UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP AUP UP(PH) UP(PH) Vehicle Service and Sales Uses
Alternative Fuel Station UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP* UP(PH) NP AUP* UP(PH) Error! Reference
source not
found..B.4; Error!
Reference source
not found..B.3
Electric Vehicle Charging Station AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP* AUP Gasoline Fuel Stations UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP* UP(PH) NP UP(PH)* UP(PH) Error! Reference
source not
found..B.3
Large Vehicle Sales and Rental AUP NP NP NP NP NP NP NP NP AUP* [8] NP Error! Reference
source not
found..B.3
Small Vehicle Sales and Service AUP NP NP NP NP UP(PH)* NP NP UP(PH) UP(PH)* NP Error! Reference
source not
found..B.5; Error!
Reference source
not found..B.3
Tire Sales and Service UP(PH) NP NP NP NP NP NP NP NP UP(PH)* NP Error! Reference
source not
found..B.3
Vehicle Parts Store ZC [1] NP ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] NP AUP* [8] ZC Vehicle Rentals AUP NP NP NP NP NP NP NP UP(PH) AUP* [8] NP Error! Reference
source not
found..B.3
Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP AUP* [8] NP Vehicle Sales, New AUP NP NP NP NP UP(PH)* NP NP UP(PH) AUP* [8] NP Error! Reference source not

605

8 COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.030Error! Reference
source not found.(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
found..B.5
Error! Reference
source not
found..B.3
Vehicle Sales, Used AUP NP NP NP NP UP(PH)* NP NP UP(PH) UP(PH)* NP Error! Reference
source not
found..B.5; Error!
Reference source
not found..B.3;
Error! Reference
source not
found..D.4
Vehicle Wash UP(PH) NP NP NP NP NP NP NP NP UP(PH)* NP
Error! Reference
source not
found..B.3
Vehicle Wrecking NP NP NP NP NP NP NP NP NP NP NP
Industrial and Heavy Commercial Uses
Bus/Cab/Truck/Public Utility Depot – – – – – – – – – – -- Commercial Excavation UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) – NP UP(PH) Contractors Yard – – – – – – – – – AUP --
Dry Cleaning and Laundry Plant UP(PH) UP(PH) NP – UP(PH) NP NP NP UP(PH) NP NP Laboratory
Commercial Physical or
Biological

AUP AUP NP NP NP NP NP NP AUP NP NP
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP [9] NP Manufacturing
Construction Products – – – – – – – – UP(PH) --
Light Manufacturing – – – – – – – – AUP [8] --
Pesticides/Herbicides/Fertiliz
ers
– – – – – – – – UP(PH) --
Petroleum Refining and
Products
– – – – – – – – UP(PH) --
Pharmaceuticals – – – – – – – – UP(PH) --
Primary Production
Manufacturing
– – – – NP – – – – UP(PH) --
Semiconductors – – – – NP – – – – UP(PH) --
Material Recovery Enterprise – – – – – – – – – – --
Media Production UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* AUP UP(PH) Error! Reference
source not
found..B.4
Mini-storage UP(PH) NP NP NP NP NP NP – UP(PH) NP NP
Recycled Materials Processing – – – – – – – – – – --
Recycling Redemption Center AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Repair Service, Non-Vehicle – – – – – – – – – AUP --
Research and Development – – – – – – – – – AUP --
Services to Buildings and Dwellings – – – – – – – – – AUP -- Warehouse UP(PH) NP NP NP NP NP NP – UP(PH) NP NP
Warehouse-Based Non-Store
Retailer
– – – – – – – – – --
Wholesale Trade – – – – -- – – – – AUP [8] --
Incidental Uses

606

9 COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.030Error! Reference
source not found.(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Amusement Devices AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* UP(PH) Error! Reference
source not
found..B
Alcoholic Beverage Service See Error! Reference source not found.

Cafeteria, On-Site UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) Columbaria See Error! Reference source not found..C
Food and Beverage for Immediate
Consumption

ZC ZC AUP UP(PH) UP(PH) ZC AUP UP(PH) ZC ZC ZC
Food Service Establishment See 23.302.070.E
Live Entertainment See Error! Reference source not found..D Manufacturing AUP AUP UP(PH) UP(PH) NP UP(PH) AUP AUP AUP AUP AUP Retail Sale of Goods Manufactured
On-Site
ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] ZC AUP ZC Storage of Goods (>25% gross
floor area)
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP
Error! Reference
source not
found..C
Wholesale Activities AUP* AUP* UP(PH)* UP(PH)* NP AUP* AUP* AUP* AUP* AUP AUP Error! Reference
source not
found..B.3
Other Miscellaneous Uses
Art/Craft Studio AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC [6] ATM, Exterior and Attached to
Bank
AUP AUP AUP UP(PH) AUP AUP AUP AUP* AUP AUP AUP
Error! Reference
source not
found..B.2
ATM, Interior or Exterior and Not
With Bank
UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) NP UP(PH)* AUP UP(PH) Error! Reference
source not
found..B.2
Circus/Carnival UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Drive-in Uses UP(PH) NP NP NP UP(PH) UP(PH) NP UP(PH) NP NP UP(PH) Home Occupations See Error! Reference source not found.

Live/Work See Error! Reference source not found.

Parking Lot/Structure See Error! Reference source not found..G Public Market, Open Air AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP Public Market, Enclosed AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [9] AUP Short-Term Rental See Error! Reference source not found. NP See Error! Reference source not found. NP See Error! Reference source not found. NP
Urban Agriculture, Low-Impact ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC ZC Error! Reference source not found.

Urban Agriculture, High-Impact AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP AUP Error! Reference source not found.

Wireless Telecommunication
Facility See Error! Reference source not found.—Error! Reference source not found.

Notes:
[1] Change of use of floor area over 3,000 square feet requires an AUP.

Change of use of floor area over 2,000 square feet requires an AUP.

Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 7,500 sq. ft.

Requires a Use Permit if 5,000 sq. ft. or more.

Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 5,000 sq. ft.

Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of Ashby, west of Adeline.

Requires a Use Permit if 7,500 square feet or more.

Require a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area.

Requires a Use Permit if more than 10,000 sq. ft.

607

10 Section 3. That Berkeley Municipal Code 23.204.100.B.5 is hereby amended to read:

5. Automobile/Motorcycle Vehicle Sales.
a. Applicability.
i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate.

Otherwise, a Use Permit is required.
ii. All new or relocated automobile or motorcyclevehicle sales in the C-SA district shall comply with the requirements of this subsection.
iii. Expansions or modifications of existing automobile or motorcyclevehicle sales are:

1. Encouraged to comply with standards in Paragraph c (Standards) below where feasible; and

2. Shall not increase or exacerbate a non-conformity with these standards. b. Where Allowed Sales with Outdoor Activities. New or relocated automobile or motorcyclevehicle sales uses with outdoor activities, including but not limited to storage and display of vehicle inventory, are limited to the Dealership Overlay Area as shown in Figure 23.204-2: C-SA Dealership Overlay Area. are not permitted.

Vehicle sales uses must be exclusively indoor operations.

FIGURE 23.204 2: C-SA DEALERSHIP OVERLAY AREA

608

11 c. Standards.
i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.
ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage.

Adequate landscaping and/or fencing shall be used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display;
iii.i. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented.

609

12 iv.ii. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass. v.iii. Repair Activities. All vehicle repair activities shall be conducted indoors. vi.iv. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials. Outdoor amplification is not permitted.
vii.v. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency.
viii.vi. Vehicle Storage. No vehicles shall be stored in the public right-of-way. d. Modification of Standards. The Zoning Officer may allow modification to standards in Paragraph c (Standards) above with an AUP upon finding that the modification:
i. Is necessary to facilitate incorporation of an existing structure; ii. Achieve greater consistency with the surrounding street pattern; iii. Buffers impacts to an adjacent residential district; or iv. Is needed to accommodate dealership operations.

Section 4. That the Berkeley Municipal Code 23.204.100 Table 23.204-28 is hereby amended to read:

Table 23.204-28: C-SA Maximum Building Heights
Buildi
ng Land
Use
Maximum Height
Subarea 1 Subarea 2 Subarea 32
Non-Residential
Uses
36 ft and 3 stories 24 ft and 2 stories 24 ft and 2 stories Mixed Use and
Residential Only
60 ft and 5 stories
[1]
50 feet and 4
stories [1]
36 ft and 3 stories
[1]
[1] In mixed-use buildings, the third story and above must be used for residential purposes entirely.

610

13 Section 5. That Berkeley Municipal Code 23.204.100 Figure 23.204-3 is hereby amended to read:

611

14 Section 6. That Berkeley Municipal Code Section 23.204.110 Table 23.204-33 is amended to read as follows:

Table 23.204-33: C-T Allowed Heights and FAR Increases
Allowed Increase
Project Location Height FAR
South of Dwight Way 65 ft. and 5 stories No increase allowed North of Dwight Way 75 ft. and 6 stories 6.0
Section 7. That Berkeley Municipal Code Section 23.204.130 Table 23.204-39 is amended to read as follows:

612

15 Table 23.204-39: C-DMU Setback Standards

MINIMUM INTERIOR SIDE

PORTION OF BUILDING AT
HEIGHT OF:

FRONT OR
STREET SIDE 65’ AND LESS

FROM LOT

FRONTAGE
OVER 65’ FROM

LOT FRONTAGE

MINIMUM REAR
Zero to 20 feet No minimum.
5 ft. max. No minimum
21 feet to 75 feet No minimum. No minimum 5 ft.
76 feet to 120 feet 15 ft. min. 5 ft. 15 ft.

Over 120 feet 15 ft. min. 15 ft.

Section 8. That Berkeley Municipal Code Section 23.204.140 Table 23.204-42 is amended to read as follows:

Table 23.204-42: C-W Development Standards

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area Minimum
New Lots
Per Group Living Accommodation Resident
No minimum
350 sq. ft.

Error! Reference
source not
found.Error!
Reference source
not found.

Usable Open Space, Minimum
Per Dwelling Unit or Live/Work Unit 40 sq. ft.

Per Group Living Accommodation Resident No minimum
Error! Reference
source not
found.Error!
Reference source
not found.

Floor Area Ratio, Maximum 3.0
Main Building Height, Minimum No minimum
Main Building Height, Maximum 40 ft. and 3 stories [1,2] Error! Reference
source not
found.Error!
Reference source
not found.

Lot Line Setbacks, Minimum
Abutting/Confronting a Non-residential District No minimum Abutting/Confronting a Residential District See Error! Reference source not found..C.2
Error! Reference
source not
found.Error!
Reference source
not found.

Building Separation, Minimum No minimum

613

16 Lot Coverage, Maximum 100%
Error! Reference
source not
found.Error!
Reference source
not found.

Notes:
[1] 50 ft. and 4 stories allowed for mixed-use projects. The fourth floor must be used for residential or live/work purposes.
[2] On Assessor Parcel Numbers 054-1763-001-03, 054-1763-010-00 and 054-1763-003-03 the maximum height is 50 feet and 4 stories.

Section 9. That Berkeley Municipal Code Section 23.206.020 Table 23.206-1 is amended to read:

Table 23.206-1 Allowed Uses in Manufacturing Districts
MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Residential Uses
Accessory Dwelling Unit NP NP NP
See Error!
Reference
source not
found.

Dwellings
Single-Family NP NP NP AUP* Error! Reference source
not found..B.8
Two Family NP NP NP AUP* Error! Reference source
not found..B.8
Multi-Family NP NP NP UP(PH)* Error! Reference source
not found..B.7&8
Group Living Accommodation NP NP NP UP(PH)* Error! Reference source not found..B.8
Hotel, Residential NP NP NP NP
Mixed-Use Residential NP NP NP UP(PH)* Error! Reference source not found..B.8&9
Senior Congregate Housing NP NP NP
See Error!
Reference
source not
found..H
Public and Quasi-Public Uses
Child Care Center NP NP AUP* UP(PH)* Error! Reference source not found..B&C
Cemetery/Crematory/Mausoleum NP NP NP NP
Club/Lodge UP(PH)* UP(PH)* UP(PH)* UP(PH) Error! Reference source not found..E
Columbaria NP NP NP –
Community Care Facility NP NP NP ZC* Error! Reference source not found..B.3

614

17 MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Community Center NP NP NP UP(PH)
Emergency Shelter NP NP NP –
Family Day Care Home, Large NP NP ZC* AUP* Error! Reference source not found..C
Family Day Care Home, Small NP NP ZC* ZC* Error! Reference source not found..C
Hospital NP NP NP NP
Library NP NP NP UP(PH)
Mortuaries and Crematories NP NP NP UP(PH)* Error! Reference source not found..B.6
Municipal Animal Shelter UP(PH) UP(PH) UP(PH) –
Nursing Home NP NP NP UP(PH)
Park/Playground NP NP NP UP(PH)* Error! Reference source not found..C
Public Safety and Emergency Service UP(PH) UP(PH) UP(PH) UP(PH) Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) Religious Assembly NP NP NP UP(PH)
School NP NP NP UP(PH)* Error! Reference source
not found..C
School, Vocational NP NP ZC* [1] UP(PH) Error! Reference source not found..B.12
Retail Uses
Alcoholic Beverage Retail Sale NP NP UP(PH)* [2] NP *
Error! Reference source
not found..B.3; Error!
Reference source not
found..B.2; Error!
Reference source not
found.

Firearm/Munitions Business NP NP NP NP
Industrial and Mining Products AUP [2] AUP [2] AUP [4] NP Pawn Shop/Auction House NP NP NP NP
Pet Store NP NP – NP NP
Retail, General NP NP AUP* [5] AUP* [3]
Error! Reference source
not found..B.6; Error!
Reference source not
found..B.4
Smoke Shop NP NP NP NP
Personal and Household Service Uses
Personal and Household Services,
General NP NP NP AUP
Kennels and Pet Boarding NP NP NP UP(PH)
Laundromats and Cleaners NP NP NP AUP
Veterinary Clinic NP NP NP UP(PH)
Video Tape/Disk Rental NP NP NP NP
Office Uses

615

18 MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Business Support Services NP NP AUP [6] AUP [3]
Banks and Financial Services, Retail NP NP – NP
Insurance Agents, Title Companies, Real
Estate Agents, Travel Agents NP NP – –
Medical Practitioners NP NP NP AUP [3]
Non-Chartered Financial Institutions NP NP – –
Office, Business and Professional NP ZC* [4] AUP [4] AUP [3] Error! Reference source not found..B.2
Food and Alcohol Service, Lodging,
Entertainment, and Assembly Uses
Adult-oriented Business - - NP NP
Amusement Device Arcade NP NP – NP
Bar/Cocktail Lounge/Tavern NP NP – –
Commercial Recreation Center NP NP – NP
Dance/Exercise/Martial Arts/Music Studio NP NP – UP(PH) Entertainment Establishment NP NP – UP(PH)
Food Service Establishment See Error! Reference source not found..E Group Class Instruction NP NP – UP(PH)
Gym/Health Club NP NP – NP
Hotel, Tourist NP NP NP NP
Motel, Tourist NP NP NP NP
Theater NP NP UP(PH)* NP Error! Reference source
not found..B.10
Vehicle Service and Sale Uses
Alternative Fuel Station AUP [4] AUP [4] AUP [4] AUP
Gasoline/Vehicle Fuel Station NP NP NP NP
Large Vehicle Sales and Rental – NP AUP [4] NP
Small Vehicle Sales and Rental – NP NP NP
Tire Sales and Service – – – NP
Vehicle Parts Store NP NP NP UP(PH)
Vehicle Repair and Service UP(PH) UP(PH) UP(PH) UP(PH)
Vehicle Rentals NP – – NP
Vehicle Sales, New AUP* [7] NP NP NP Error! Reference source not found..B.3
Vehicle Sales, Used AUP* [7] NP NP NP Error! Reference source not found..B.3
Vehicle Wash NP NP NP NP
Vehicle Wrecking AUP [7] AUP [4] AUP* [4] NP Error! Reference source not found..B.11
Industrial and Heavy Commercial Uses
Bus/Cab/Truck/Public Utility Depot AUP [8] AUP [8] AUP* [4] UP(PH) Error! Reference source not found..B.4
Commercial Excavation UP(PH) UP(PH) UP(PH) NP
Contractors Yard AUP [7] AUP [7] AUP [4] UP(PH)

616

19 MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Dry Cleaning and Laundry Plant ZC* [9] ZC [9] ZC [1] UP(PH) Error! Reference source not found..B.2
Laboratory
Commercial Physical or Biological NP AUP [4] UP(PH)* NP Error! Reference source not found..B.5
Cannabis Testing NP AUP [4] UP(PH) NP
Manufacturing
Construction Products ZC* [9] ZC* [9] UP(PH)* NP
Light Manufacturing ZC* [7] ZC* [7] ZC* [1] AUP* [3] Error! Reference source not found..B.5
Pesticides/Herbicides/Fertilizers NP NP NP –
Petroleum Refining and Products NP NP NP –
Pharmaceuticals AUP [4] AUP [4] AUP* [4] – Error! Reference source not found..B.7
Primary Production Manufacturing AUP [4] AUP [4] NP NP
Semiconductors UP(PH) UP(PH) NP –
Material Recovery Enterprise - - UP(PH) -
Media Production ZC [10] ZC [10] ZC [10] AUP [11]
Mini-storage NP NP NP NP
Recycled Materials Processing ZC* [9] ZC* [9] UP(PH)* – Error! Reference source
not found..H; Error!
Reference source not
found..B.9
Recycling Redemption Center AUP [7] ZC [9] UP(PH)* AUP Error! Reference source not found..B.9
Repair Service, Non-Vehicle ZC* [9] ZC* [9] ZC* [1] AUP Error! Reference source not found..G
Research and Development - ZC [12] ZC [12] –
Services to Buildings and Dwellings AUP AUP AUP AUP
Warehouse ZC [9] ZC [9] ZC [1] UP(PH)
Warehouse-Based Non-Store Retailer ZC [9] ZC [9] ZC [1] – Wholesale Trade ZC [9] ZC [9] ZC* [1] AUP [3] Error! Reference source not found..B.13
Incidental Uses
Amusement Devices NP NP AUP AUP
Alcoholic Beverage Service See Error! Reference source not found.

Cafeteria, On-Site ZC [2] AUP [2] ZC [2] AUP
Child Care Center NP NP See Error! Reference source
not found..B
Columbaria – – – –
Food and Beverage for Immediate
Consumption – AUP [2] – –
Food Service Establishment AUP [2] - AUP [2] AUP
Home Occupations NP NP NP
See Error!
Reference
source not
found.

617

20 MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Live Entertainment NP NP UP(PH)* UP(PH)* Error! Reference source not found..D
Retail Sales of Goods Manufactured On-
Site AUP* [13] AUP* [14] AUP* [14] AUP* Error! Reference source not found..I
Storage of Goods Manufactured On-Site
(>25% gross floor area) ZC ZC ZC AUP
Wholesale Activities ZC ZC ZC AUP
Other Miscellaneous Uses
Art/Craft Studio ZC* [10] ZC [10] ZC* [10] AUP [11] Error! Reference source not found..A
ATM, Exterior and Attached to Bank AUP AUP - AUP
ATM, Interior or Exterior and Not With
Bank AUP AUP AUP AUP
Circus/Carnival NP NP UP(PH)* UP(PH) Error! Reference source not found..D
Drive-in Uses NP NP NP NP
Live/Work NP NP See Error! Reference source
not found.

Parking Lot/Structure See Error! Reference source not found..G Public Market, Open Air – – UP(PH)*
[15] – Error! Reference source
not found..B.8
Public Market, Enclosed – – AUP [5] –
Short-Term Rental - - - ZC* Error! Reference source
not found.

Urban Agriculture, Low-Impact ZC ZC ZC ZC
Urban Agriculture, High-Impact AUP AUP AUP AUP
Notes:
[1] Requires an AUP for uses 20,000 sq. ft. to 30,000 square feet. Requires a Use Permit for uses more than 30,000 sq. ft. [2] Not permitted 20,000 sq. ft. or more.
[3] Requires a Use Permit if 5,000 sq. ft. or more
[4] Requires a Use Permit for uses more than 20,000 sq. ft. [5] Not permitted over 2,000 sq. ft.
[6] Not permitted over 3,000 sq. ft.
[7] Requires a Use Permit for uses more than 40,000 sq. ft. [8] Requires a Use Permit for uses 20,000 sq. ft. to 40,000 square feet. [9] Requires an AUP for uses 20,000 sq. ft. to 40,000 square feet. Requires a Use Permit for uses more than 40,000 sq. ft. [10] Requires an AUP for uses 10,000 sq. ft. to 20,000 square feet. Requires a Use Permit for uses more than 20,000 sq. ft. [11] Allowed with Zoning Certificate if under 1,000 sq. ft.. Requires Use Permit if over 20,000 sq. ft. [12] Requires an AUP for uses more than 20,000 sq. ft.
[13] Not permitted 1,500 sq. ft. or more.
[14] Requires a Use Permit for sales area 1,501 to 3,000 sq. ft. Not permitted over 3,000 sq. ft. [15] Requires Use Permit for markets over 5,000 sq. ft.

Section 10. That Berkeley Municipal Code Section 23.302.040.A is hereby amended to read as follows:

23.302.040 – Home Occupations
A. Definitions.

618

21 1. Home Occupation. A home occupation is a business use conducted on property developed with Residential use, which is incidental and secondary to the residential use, does not change the residential character of the residential use, is limited so as not to substantially reduce the residential use of the legally established dwelling, accessory dwelling unit, accessory building, or group living accommodation room and is operated only by the residents of the subject residence. There are three classifications of Home Occupations. For the purposes of this section, a “customer” is considered a single paying customer, but may include more than one person receiving the services at the same time:
a. Class I Home Occupations. A Class I home occupation involves no more than five customer visits per day, with no more than four persons receiving services at a time. This class does not allow shipping of goods directly from the subject residence.
b. Class II Home Occupations. A Class II home occupation involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business- related activities on-site. This class does not allow shipping of goods directly from the subject residence.
c. Class II Home Occupation. A Class III home occupation involves one or both of the following:
i. More than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site.
ii. Shipping of goods directly from the subject residence regardless of the number of customer visits per day.

2.1. Permits Required. Table 23.302-1 shows permits required for home occupations.

TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-1: PERMIT REQUIREMENTS FOR

HOME OCCUPATIONS

HOME OCCUPATION PERMIT

REQUIRED
Class I ZC
Class II AUP
In the Hillside Overlay Not Permitted
ES-R District Not Permitted
Class III
All Commercial Districts and MU-R District UP (PH)

619

22 All other Districts, and in the Hillside Overlay Not Permitted

3.2.Additional Findings -- Class II and Class III Home Occupations. To approve an AUP for a Class II home occupation or a Use Permit for a Class III home occupation, the Zoning Officer or the ZAB must make the permit findings in Section Error! Reference source not found. (Specific Permit Requirements) and find that, based on the circumstances of the specific use and property:
a. The degree of customer visits will not cause a significant detrimental impact on the availability of parking spaces in the immediate vicinity of the home occupation; and
b. The degree of shipping and delivery activity to and from the subject residence will be compatible with surrounding residential uses and will not cause a significant detrimental impact on pedestrian and bicyclist safety or the availability of parking spaces in the immediate vicinity of the home occupation; and
c. If the proposed home occupation will require a loading space on a regular basis, such loading space will be available on the subject property or the use of an on-street loading space will not cause a significant detrimental impact on pedestrian and bicyclist safety or the availability of parking spaces in the immediate vicinity of the home occupation; and
d. The degree of customer visits and shipping and delivery activities shall not cause a detrimental impact to public safety, as determined by the Fire Marshall.

Section 11. That Berkeley Municipal Code Section 23.304.060 is amended to read as follows:

23.304.060 – Accessory Buildings and Enclosed Accessory Structures A. Applicability. This section applies to accessory buildings and enclosed accessory structures as defined in Error! Reference source not found. (Glossary). See Section Error! Reference source not found. (Unenclosed Accessory Structures in Residential Districts) and Section Error! Reference source not found. (Fences) and for requirements that apply to other unenclosed accessory structures and fences.

B. All Districts.

1. Attached or Close to Main Building. An accessory building or enclosed accessory structure, other than a subterranean structure, that is attached to or within 3 feet of a wall of a main building, is considered a part of the main building for the purposes of setback requirements.

620

23 2. Demolition. See Error! Reference source not found..C (Accessory Buildings) and Error! Reference source not found..B (Accessory Buildings) for permits required to demolish accessory buildings.

C. Residential Districts.

1. Permits Required. Table 23.304-2 shows permits required for accessory buildings and accessory structures in Residential Districts.

TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-2: PERMIT REQUIREMENTS FOR

ACCESSORY BUILDINGS AND ENCLOSED ACCESSORY STRUCTURES
District Location and Building/Structure Type
Permit
Required
All Residential Districts Except ES-R
New accessory buildings AUP
Alterations to existing accessory buildings ZC
Enclosed accessory structures on a lot with a main building ZC Enclosed accessory structures on a vacant lot without a main building
AUP
Horse stables AUP [1]
Accessory buildings and structures with Urban Agriculture ZC ES-R District
Under 100 sq. ft. ZC
100 sq. ft. or more UP(PH)
On a vacant lot without a main building UP(PH)
Notes:
[1] Horse stables are not permitted in the R-S and R-SMU districts

2. Development and Use Standards.
a. Development Standards. Table 23.304-3 shows development standards for accessory buildings and enclosed accessory structures in Residential Districts.

TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-3: ACCESSORY BUILDING AND

ENCLOSED ACCESSORY STRUCTURE STANDARDS IN RESIDENTIAL DISTRICTS Building/Structure Feature Standards
Average Height, Maximum
Less than 4 ft. from lot line 10 ft.

621

24 4 ft. to less than 10 ft. from lot line 12 ft.
10 ft. or more from lot line 24 ft.

Setbacks, Minimum
Front of Interior Lot 50% of lot dept
Front of Through Lot 25% of lot dept
Front of Corner Lot
The setback existing or required on the adjacent lot,
whichever is smaller, and the existing setback of
main building on the lot
Street Side, Corner Lot The existing setback of main building on the lot Interior Side
4 ft. for building/structures within 75 feet of front lot line; as required by Berkeley Building Code for
buildings/structures 75 feet or more from front lot
line
Edge of Alley 5 ft.

Building Length [1] 24 ft.

Notes:
[1] Applies to building walls generally parallel to a side lot line. b. Deviation from Standards.
i. In all Residential Districts except for the ES-R district, the Zoning Officer may approve an AUP to allow an accessory building or enclosed accessory structure to deviate from the standards in Table Error! No text of specified style in document.-3. In the ES-R district, deviations require ZAB approval of a Use Permit.
ii. To approve the deviation, the review authority must find that the proposed building or structure will not be detrimental to the light, air, privacy, and view of adjacent properties.
c. Bathroom and Kitchen Facilities. An accessory building may contain a full bathroom, including handwashing sink, toilet, and tub or shower, as well as cooking facilities, as long as the cooking facilities do not constitute a kitchen. d. Rentals. An accessory building may be rented only as a short-term rental as allowed in Section Error! Reference source not found.—Error! Reference source not found..

3. Rebuilding and Replacement.
a. Notwithstanding the setback standards in this section and the coverage area standards in Chapter Error! Reference source not found.—Error! Reference source not found., an accessory building or enclosed accessory structure may be constructed to replace a pre-existing lawful accessory

622

25 building or enclosed accessory structure, if the replacement building or structure is in the same location and has the same or smaller footprint as the previous structure. However, any such replacement structure may not exceed the average height as the previous building or structure; otherwise an AUP is required.
b. Such replacement buildings and structures are permitted as of right only if an application for a building permit for their construction is submitted at the same time as an application for a building permit for the demolition of the pre- existing building or structure.
c. The demolition of any accessory building proposed for replacement under this section is subject to Municipal Code Chapter 3.24 (Landmark Preservation Commission
Section 12. That Berkeley Municipal Code Section 23.322.030 Table 23.322-1 is amended to read as follows:

Table 23.322-1 Required Off-Street Parking in Residential Districts Land Use Number of Required Off-street Parking Spaces
Residential Uses
Accessory Dwelling Unit See Chapter Error! Reference source not found.

Dwellings, including Group
Living Accommodations
R-3, R-4, and R-5 Districts (1-9 units): If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per unit.

R-3, R-4, and R-5 District (10 or more units): If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per 1,000 sq ft of gross floor area.

ES-R: 1 per 1,000 sq ft of gross floor area or one per bedroom, whichever is greater.

All Other Districts: If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per unit
All Other Locations: None required
Dormitories, Fraternity and
Sorority Houses, Rooming &
Boarding Houses, Senior
Congregate Housing
If located on a roadway less than 26 feet in width in the Hillside Overlay:
1 per each 5 residents, plus 1 for manager.

All Other Locations: None required.

Rental of Rooms
ES-R: 1 per each roomer or boarder, in addition to any required parking for Dwellings.

All Other Districts: If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per each two roomers.

All Other Locations: None required
Non-Residential Uses
All non-residential uses
except uses listed below
R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: See Error! Reference source not found..A.2
Community Care Facility One per two non-resident employees

623

26 Land Use Number of Required Off-street Parking Spaces Food Service Establishment 1 per 300 sq. ft.

Hospital
R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: 1 per each 4 beds plus 1 per each 3 employees
Library 1 per 500 sq. ft. of publicly accessible floor area Nursing Home 1 per 3 employees
Medical Practitioners 1 per 300 sq. ft.

Non-Medical Offices R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: 1 per 400 sq. ft.

Hotels, Tourist 1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees Section 13. That Berkeley Municipal Code Section 23.502.020.F is amended to read as follows:

F. “F” Terms.

1. Facade. Those portions of a building, including exterior walls, porches, chimneys, balconies, parapets and roof portions, which are visible from a public right-of-way or an adjacent building.

2. Family. See Household.

3. Family Day Care Home. An establishment providing day care for 14 or fewer children in a dwelling unit as licensed by the California Department of Social Services. A family day care homes must be incidental to a residential use. The day care operator must live in the primary dwelling on the lot. a. Small Family Day Care Home. A family day care homes for eight or fewer children, including children who live at the home.
b. Large Family Day Care Home. A family day care homes for nine to fourteen children, including children who live at the home.

4. Fence. A structure made of wood, metal, masonry or other material forming a physical barrier which supports no load other than its own weight, or a hedge, which is designed to delineate, screen or enclose a lot, yard, open space area or other land area.

5. Firearm/Munitions Businesses. Any establishment which sells, transfers, leases or offers for sale, transfer or lease any gun, ammunition, munitions, gun powder, bullets, ordnance, or other firearm or firearm parts or supplies.

6. Floor Area, Gross. See Error! Reference source not found.Error! Reference source not found..

624

27 7. Floor Area, Leasable. See Error! Reference source not found.Error! Reference source not found..

8. Floor Area Ratio (FAR). See Error! Reference source not found.Error! Reference source not found..

9. Food Product Store. A retail products store selling foods primarily intended to be taken to another location to be prepared and consumed, and the incidental preparation of food or beverages for immediate consumption off the premises.

10.Food and Beverage for Immediate Consumption. The sale of food or non- alcoholic beverages for immediate consumption not on the premises.

11.Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises. a. Carry Out Food Store: A store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. This use is usually characterized as an establishment which serves food altered in texture and/or temperature on a customer- demand basis, puts such food in non-sealed packages or edible containers, requires payment for such food before consumption, and provides no seating or other physical accommodations for on- premises dining. Examples of this use include delicatessens and other stores without seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches. This use excludes bakeries and food products stores. b. Quick Service Restaurant: An establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. This use is usually characterized as an establishment in which food is cooked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips. c. Full-Service Restaurant: An establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. This use is characterized as an establishment in which food is cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining with table service (waiters).

625

28 12.Fraternity House. A building used for group living accommodations by an organization recognized by the University of California at Berkeley or other institution of higher learning.

13.Front Wall. The wall of the building nearest the front lot line.

Section 14. That Berkeley Municipal Code Section 23.502.020.R is amended to read as follows:

R. “R” Terms.

1. Rear Main Building. A main building situated behind another main building existing or proposed on a parcel located in the R-1A district.

2. Receiving Lot. See Lot, Receiving.

3. Recycled Materials Processing. A facility that receives and processes recyclable materials. Processing means preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

4. Recycling Redemption Center. A facility, use, or structure for the collection of recyclable goods, including beverage containers and newspapers.

5. Related Equipment. All equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

6. Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines.

7. Repair Service, Non-Vehicle. An establishment that provides repair and maintenance services for household appliance, home electronics, office equipment, furniture and other similar items. Excludes vehicle repair.

8. Research and Development. An establishment comprised of laboratory or other non-office space, which is engaged in one or more of the following activities:
industrial, biological or scientific research; product design; development and testing; and limited manufacturing necessary for the production of prototypes.

9. Resident. A person whose primary residence is in Berkeley.

10.Residential Care Facility. See Community Care Facility.

11.Residential Hotel. See Hotel, Residential.

12.Residential Addition. See Addition, Residential.

626

29 13.Residential Districts. The districts listed under the Residential Districts heading in Error! Reference source not found..

14.Residential Hotel Room. A room which is:
a. Used, designed, or intended to be used for sleeping for a period of 14 consecutive days or more;
b. Not a complete dwelling unit, as defined in this chapter; and c. Not a Tourist Hotel Room, as defined in this chapter.

15.Residential Use. Any legal use of a property as a place of residence, including but not limited to dwelling units, group living accommodations, and residential hotels.

16.Retail, General. A retail establishment engaged in the sales of personal, consumer, or household items to the customers who will use such items. This use includes antique stores, art galleries, arts and crafts supply stores, bicycle shops, building materials and garden supplies stores, clothing stores, computer stores, cosmetic/personal care items, department stores, drug paraphernalia stores, drug stores, fabric, textile and sewing supply shops, flower and plant stores, food product stores, furniture stores, garden supply stores, nurseries, gift/novelty shops, household hardware and housewares stores, household electronics/electrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores.

This use excludes video rental stores, service of vehicle parts, nurseries, and firearm/munition sales.

17.Retaining Wall. A wall designed to contain and resist the lateral displacement of soil and of which such soil is at a higher elevation on one side of the wall.

18.Review Authority. The City official or body responsible for approving or denying a permit application or other form of requested approval under the Zoning Ordinance.

19.Rooming House. A building used for residential purposes, other than a hotel, where lodging for 5 or more persons, who are not living as a single household, is provided for compensation, whether direct or indirect. In determining the number of persons lodging in a rooming house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent. See also Boarding House.

Section 15: Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134

627

30 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

628

BLAKE ST

DERBY ST

FULTON ST

PARKER ST

ASHBY AVE

KING ST

RUSSELL ST

GRANT ST

OREGON ST

MILVIA ST

HASTE ST

CARLETON ST

DWIGHT WAY

ELLIS ST

M L KING JR WAY

STUART ST

CHANNING WAY

WARD ST

ELLSWORTH ST

SHATTUCK AVE

DANA ST

HARMON ST

FAIRVIEW STCALIFORNIA ST

ESSEX ST

PRINCE ST

ALCATRAZ AVE

HARPER ST

WOOLSEY ST

WHEELER ST

DURANT AVE

EMERSON ST

MCKINLEY AVEROOSEVELT AVE

TYLER ST

OTIS ST

JULIA ST

SIXTY-THIRD ST

BANCROFT WAY

SIXTY-SECOND ST

ADELINE ST

DEAKIN ST

NEWBURY ST

HALCYON CT

MCGEE AVE

WALKER ST

DOVER ST

PRINCE ST

DEAKIN ST

WARD ST

WOOLSEY ST

STUART ST

HARPER ST

M L KING JR WAY

SHATTUCK AVE
Parcel boundaries as of
October 12, 2021
0 2,0001,000
FeetN
Height Subarea One
Height Subarea Two
South Area Commercial (C-SA)

CITY BOUNDARY
South of Parker St., North of Ward St.

South of Ward St., North of Dwight Way
Attachment 1, Exhibit A

629
BASE

LINE ZONING ORDINANCE CONSENT CHANGES MATRIX
Topic Description BZO Location Existing
Location
Rationale for Change

23.102 – Introductory Provisions
Effective Date Statement of when the Ordinance becomes effective 23.102.020 NEW Provide effective date Authority States that if state law referenced in Zoning Ordinance is amended, the Zoning Ordinance is deemed amended to reference the amended state law

23.102.030 NEW Added for clarity
Laws of Other
Agencies
Removes statement that uses and structures must comply with regulations and laws of other governmental agencies.

N/A 23B.56.040 It is unnecessary to
state that uses and
structures must
comply with the law.

Removed for clarity
Approvals Required Describes approvals required for land uses and development

23.102.050 D NEW Expands on existing
Section 23A.12.010 to
reflect current
practice
Conflict with State
or Federal
Regulations
Explains how to handle conflicts with State and Fed law 23.102.070 NEW Consistent with the Supremacy Clause of
the United States
Constitution and
Article XI, Section 5(a)
of the California
Constitution
Conflicts with Other
City Regulations
New language: “Where the Zoning Ordinance conflicts with other ordinances, resolutions, or regulations of the City of Berkeley, the more restrictive controls.”

23.102.070.B NEW Clarity needed on
how to handle
conflicting
requirements. The
Zoning Ordinance
does not supersede
other City regulations.

Attachment 2

630
Topic Description BZO Location Existing
Location
Rationale for Change
Conflicts with
Private Agreements
Adds statement that the City is not responsible for monitoring or enforcing private agreements.

23.102.070.C NEW Clarifies City role in
neighbor disputes
involving private
agreements
Pending
Applications
Clarifies status of applications submitted during transition from ZO to BZO 23.102.080 C NEW Necessary to inform status of applications
submitted during
transition to BZO
Nonconformities Defines what is considered nonconforming at the time of BZO adoption 23.102.080 E NEW Adds up-front reference to
nonconformity
chapter alongside
other transitional
provisions

23.104 – Interpreting the Zoning Ordinance
Purpose States purpose of chapter 23.104.010 NEW BZO standard includes purpose statement
for each chapter
Authority Clarifies existing Zoning Officer authority 23.104.020 NEW see
23B.12.020
More accurately state
ZO’s authority
Rules of
Interpretation
New rules of interpretation relating to: meaning and intent; harmonious construction; lists and examples; references to other regulations, publications, and documents; technical and non-technical terms; terms not defined; public officials and agencies; tenses and plurals. New harmonious construction language replaces existing language: “In case of conflict between any of the provisions of this Ordinance, the most restrictive shall apply.”

23.104.030 23A.080.010 Provides for
consistent application
of rules
Attachment 2

631
Topic Description BZO Location Existing
Location
Rationale for Change
Zoning Map Clarifies intention to follow city limits 23.104.050 A 3 NEW Greater clarity to resolve uncertainty in
zoning district
boundaries

23.106 Rules and Measurement
Chapter Purpose States chapter purpose 23.106.010 NEW BZO standard includes purpose statement
for each chapter
Building Separation Defines method of building separation measurement (outer wall to outer wall) 23.106.080 A NEW Codifies existing practice and increases
clarity

23.108 –Zoning Districts and Map
Chapter Purpose States chapter purpose 23.108.010 NEW BZO standard includes purpose statement
for each chapter
C-C and C-U
Districts
C-1 zone split into two zones: Corridor Commercial (C-C) and University Avenue Commercial (C-U) district. C-U includes University Avenue Strategic Plan Overlay standards.

23.108.020.A 23A.16.020.A Simplifies and clarifies
C-1 rules inside and
outside of University
Avenue Strategic Plan
area
Purpose of Overlay
Zones
Explains purpose of overlay zones 23.108.020.C.1 NEW Provide definition; explains that Overlay
Zone regulations are
in addition to
regulations of
underlying zone (not a
replacement)
Attachment 2

632
Topic Description BZO Location Existing
Location
Rationale for Change
Applicability of
Overlay Zone
Standards
Existing language: “the height, coverage, parking and usable open space shall comply with the provisions of the underlying district.” BZO language: “If the overlay zone applies a standard to a property that conflicts with the underlying district, the overlay zone standard governs. If the overlay zone is silent on a standard in the underlying district, the underlying district standard applies.”

23.108.020.C.3 23A.16.030.C Corrects statement
inconsistent with
existing use of overlay
zones

23.202 – Residential Districts
Allowed Land Uses In Residential Districts, unlisted uses are prohibited 23.202.020.B NEW Codifies existing practice, making
explicit that if a use is
not listed in the
Allowed Uses Table
for Residential
Districts, the use is
prohibited.

Open Space for
ADUs in R-1 District
Removes requirement for ADUs to include usable open space. All standards for ADUs will be addressed in updated ADU chapter.

Table 23.202-2 23D.16.070.F Codifies existing
practice consistent
with Gov’t Code
Section 65852.2

23.206 – Manufacturing Districts
Industrial
Performance
Standards
Removes statements allowing City Manager to establish industrial performance standards.

23.206.040.F 23E.64.070.E
23E.72.070.E
23E.76.070.E
23E.80.D
23E.84.070.H
Language is
unnecessary and
implies authorization
is required for other
similar requirements.

Attachment 2

633
Topic Description BZO Location Existing
Location
Rationale for Change

23.302 – Supplemental Use Regulations
Warehouse Storage
for Retail Use
Allows on-site storage of goods as an accessory use to a primary retail use in all districts where retail is permitted

23.302.070.J NEW Codifies existing
practice of allowing
retail establishments
to store their goods
on-site if retail is
permitted.

23.304 – General Development Standards
Setback Projections
– Disabled Access
Allows projections into setbacks to accommodate the disabled with a reasonable accommodations request.

23.304.030.B.4 23D.04.030.A2 Confirm with The
Americans with
Disabilities Act, and
the California Fair
Employment and
Housing Act
Building Height
Projections – Public
Buildings in
Residential Districts
Deletes “the height limit for schools, buildings for religious assembly use, hospitals and other public buildings shall not exceed the height limit permitted for that district. This is true for all uses.”

23.304.050.A 23D.04.020.A;

23E.04.020.A
Removal of
extraneous language.

Calling out these uses
implies other uses
may exceed height
limit, which is not
true.

Adeline Corridor
Plan
States that projects in the Adeline Plan Area are subject to mitigation measures in the Adeline Plan FEIR

23.304.140.D NEW Adds Adeline Corridor
Plan to list of existing
plans

Attachment 2

634
Topic Description BZO Location Existing
Location
Rationale for Change

23.310 – Alcohol Beverage Sales and Service
Chapter Purpose States purpose of chapter 23.310.010 NEW BZO standard includes purpose statement
for each chapter

23.320 – Cannabis Uses
Chapter Purpose States purpose of chapter 23.320.010 NEW BZO standard includes purpose statement
for each chapter

23.324 – Nonconforming Uses, Structures and Buildings
Chapter Purpose States purpose of chapter 23.324.010 NEW BZO standard includes purpose statement
for each chapter

23.326 – Demolition and Dwelling Unit Control
Chapter Purpose States purpose of chapter 23.326.010 NEW BZO standard includes purpose statement
for each chapter

23.328 – Inclusionary Housing
Required
Inclusionary Units in
Avenues Plan Area
Deletes “Except as provided in this chapter” from 23C.12.080E, which conflicts with 23C.12.080B: “Within this area, the provisions of this section superseded any inconsistent provisions of this chapter.”

23.328.070.D.1 23C.12.080.E Maintain internal
consistency

23.402 – Administrative Responsibility
Chapter Purpose States purpose of chapter 23.402.010 NEW BZO standard includes purpose statement
for each chapter
Attachment 2

635
Topic Description BZO Location Existing
Location
Rationale for Change
Review and
Decision-Making
Authority
Describes purpose of summary table 23.402.020.A NEW Description of table Review and
Decision-Making
Authority
Defines authority roles (Recommend, Decision, Appeal) 23.402.020.B NEW Explains notation meaning
Planning and
Development
Department
Defines duties of Planning and Development Department 23.402.030 NEW Codifies existing role and summarizes
responsibilities
Landmarks
Preservation
Commission
Refers reader to BMC Chapter 3.24 for roles and responsibilities of Landmarks Preservation Commission

23.402.050.B NEW Provides clarity on
LPC role
ZAB Responsibilities
and Powers
Provides that City Council may assign additional responsibilities to ZAB 23.402.070.C.2 NEW Codifies existing Council authority
City Council Provides that City Council has authority to take actions related to the Zoning Ordinance consistent with existing law

23.402.090.C NEW Codifies existing
Council authority

23.404 – Common Permit Requirements
Purpose and
Applicability
States purpose of chapter; clarifies that the chapter applies to all discretionary permits, not just use permits and variances

23.404.010 NEW BZO standard includes
purpose statement
for each chapter.

Clarifies existing
practice
Multiple Permit
Applications
Clarifies how applications are handled when they require more than one discretionary permit

23.402.020.F NEW Codifies existing
practice
Review Timeline Adds statement that City will abide by Permit Streamlining Act 23.404.030.A.3 NEW Codifies existing practice. Recognizes
Attachment 2

636
Topic Description BZO Location Existing
Location
Rationale for Change
compliance with state
law is required
Project Evaluation
and Staff Reports
Describes role of staff in reviewing, analyzing and presenting project applications

23.404.030.D NEW Codifies existing
practice
CEQA Add statement that City will review projects for CEQA compliance 23.404.030.E NEW Codifies existing practice. Recognizes
that compliance with
state law is required
Timing of Notice Permits PC or CC to extend notice periods for applications of major significance 23.404.040.C.3 NEW Best practice in compliance with Gov’t
Code Section 65091
Zoning Ordinance
Amendment
Noticing
Adds notice requirements for Zoning Ordinance Amendments 23.404.040.C.4 NEW Adds notice requirement for
Zoning Ordinance
Amendments. New
requirement here is
the same as for
discretionary permits
Additional Notice Adds “The Zoning Officer, Planning Commission or City Council may require additional public notice as determined necessary or desirable.”

23.404.040.C.7 NEW Codifies existing
practice
Public Notice for
Design Review
States that there is no requirement to mail or post notices in advance of a Design Review Committee meeting

23.404.040.D.2.b NEW Codifies existing
practice
Public Hearings Clarifies that hearings will be conducted consistent with procedures developed by the review authority

23.404.050.A NEW Codifies existing
practice and
recognizes that
review authorities are
empowered to create
their own procedures.

Attachment 2

637
Topic Description BZO Location Existing
Location
Rationale for Change
Time and Place of
Hearings
Clarifies that meetings will be held at time and place for which notice was given unless there is not a quorum

23.404.050.B NEW Codifies legal
requirement
consistent with Gov’t
Code Section 65091
CEQA Action Adds that action on a permit’s CEQA determination must be taken before a permit is approved

23.404.050.G NEW Codifies CEQA
Guidelines Sections
15074 and 15090
Exceptions to
Protect
Constitutional
Rights
Allows the City Council as well as ZAB to make exceptions to protect constitutional rights and clarifies that the exception can be made when acting on any permit and is not tied to a Variance

23.404.050.I 23B.44.050 Best practice. Council
needs this ability in
addition to ZAB to
protect City from legal
challenge
Payment for Service Adds that applicant shall pay for mediation or conflict resolution services 23.040.050.J.7 NEW Codifies existing practice
Effective Dates Adds effective dates of Council actions on Zoning Ordinance amendments and legislative matters, and permits, appeals and non-legislative matters.

Adds effective dates of actions by the Zoning Officer, Design Review Committee or ZAB

23.404.060.A NEW Codifies current
practice and legal
requirements
consistent with Gov’t
Code Section 65853-
65857

Expiration of Permit Adds that if a permit is not exercised after one year, it will not lapse if the applicant has made a substantial good faith effort to obtain a building permit and begin construction.

23.404.060.C.2.
b
23B.56.100.C
&D
Best practice
Expiration of Permit Defines a lapsed permit as “void and of no further force and effect,” and that a new permit application mist be submitted to establish a use or structure.

23.404.060.C.3 NEW Provides explicit
definition of what a
lapsed permit means
and makes explicit the
Attachment 2

638
Topic Description BZO Location Existing
Location
Rationale for Change
requirement to
reapply.

Permit Revocation -
City Council Hearing
Removes requirement for the City Council hearing must occur within 30 days after the ZAB issued its recommendation.

23.404.080.D.2 23B.60.050.B CC hearing within 30
days of ZAB decision
is frequently
infeasible. Council
can hold hearing “at
its discretion.”

23.406 – Specific Permit Requirements
Variances -
Eligibility
Existing Language: “The Board may grant Variances to vary or modify the strict application of any of the regulations or provisions of this Ordinance with reference to the use of property, the height of buildings, the yard setbacks of buildings, the percentage of lot coverage, the lot area requirements, or the parking space requirements of this Ordinance.”
BZO Language: “The ZAB may grant a Variance to allow for deviation from any provision in the Zoning Ordinance related allowed land uses, use-related standards, and development standards.”

23.406.050.B.1 23B.44.010 ZAB should have
authority to grant a
variance to any use or
development-related
standard, not just
uses, heights, yard
setbacks, lot
coverage, lot area, or
parking
Variances – Not
Allowed
Adds: “A Variance may not be granted to allow deviation from a requirement of the General Plan.”

23.406.050.C N/A Codifies state law
consistent with Gov’t
Code Section 65906.

Design Review –
Changes to
Approved Projects
Describes features of minor changes to approved projects that may be approved administratively: “A change that does not involve a feature of the project that was: 1) a specific consideration by the review authority in granting the approval; 2) a condition of approval; or 3) a basis for a finding in the project CEQA determination.

23.406.070.N N/A Codifies current
practice
Reasonable
Accommodations –
Review Procedure
Existing Language: “If an application under this chapter is filed without any accompanying application for another approval, permit or entitlement under this title or Title 21, it shall be heard and acted upon at the same time and in the

23.406.090.E.1 23B.52.040.B The Americans with
Disabilities Act, and
the California Fair
Attachment 2

639
Topic Description BZO Location Existing
Location
Rationale for Change
same manner, and be subject to the same procedures, as the application that would normally be required to modify the provision which is the application seeks to modify, as determined by the Zoning Officer.”
BZO Language: “For a Reasonable Accommodation application submitted independently from any other planning permit application, the Zoning Officer shall take action within 45 days of receiving the application.”

Employment and
Housing Act

Existing language
requires the
application to be
reviewed in the same
manner as a Variance.

This conflicts with
state and federal law.

23.410 – Appeals
Appeals –
Remanded Matters
Removes option for prior review authority to reconsider application without a public hearing.

23.410.040.G 23B.32.060.D Remanded matters
require public hearing

23.412 – Zoning Ordinance Amendments
Zoning Ordinance
Amendments –
Initiation
Deletes language to allow for amendments initiated without a public hearing. 23.412.020 23A.20.020.C Existing language conflicts with Gov’t
Code Section 65853-
65857
Zoning Ordinance
Amendments –
Planning
Commission
Hearing
Removes requirement to hold Planning Commission hearing within 30 days of initiation.

23.412.040.A 23A.20.030.A CC hearing within 30
days of PC decision is
frequently infeasible.

Council can hold
hearing consistent
with Public Notice
section.

Zoning Ordinance
Amendments –
Effect of Planning
Deletes language that uses or structures not yet established must conform to Planning Commission recommendation before Council approval, when amendments become effective only after Council adoption.

23.412.040.C 23A.20.050.B New regulations can
only take effect after
Council adoption.

Attachment 2

640
Topic Description BZO Location Existing
Location
Rationale for Change
Commission
Recommendation
Zoning Ordinance
Amendments – City
Council Hearing
Removes language requiring the Planning Commission recommendation to be forwarded to the Council within 30 days and consideration by Council within 60 days for Commission decision.

23.412.050.A
23A.20.040 CC hearing within 60
days of PC decision is
frequently infeasible.

Council can hold
hearing consistent
with Public Hearings
and Decision section.

Zoning Ordinance
Amendments – City
Council Action
Removes option for Council to act on amendment without a public hearing. 23.412.050.A 23A.20.060.A &B
Conflicts with Gov’t
Code Section 65853-
65857
Zoning Ordinance
Amendments –
Effective Date
Removes language about “more restrictive” amendments going into effective immediately upon adoption of ordinance.

23.412.050.C 23A.20.070 Conflicts with Gov’t
Code Section 65853-
65857
Zoning Ordinance
Amendments –
Findings
Adds findings for Zoning Ordinance amendments 23.412.060 N/A Best Practice.

23.502 – Glossary
Defined Terms Adds definitions to undefined terms in existing Zoning Ordinance 23.502 23F.04 Best practice.

Attachment 2

641
Planning and Development Department
Land Use Planning Division
STAF

F REPORT
DATE:

March 2, 2022
TO: Mem
bers of the Planning Commission
FRO
M: Justin Horner, Associate Planner
SUBJEC
T: Public Hearing on Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23 – Package #1 RECO
MMENDATION:

Conduct a public hearing to discuss amendments to the following sections of the Berkeley Municipal (BMC) and make a recommendation to City Council. • BMC
Section 23.326.030 (Eliminating Dwelling Units through Demolition) • BMC Section 23.204.020 (Allowed Land Uses)
• BMC Section 23.204.100 (C-SA Zoning District)
• BMC Section 23.204.110 (C-T Zoning District)
• BMC Section 23.204.130 (C-DMU District)
• BMC Section 23.204.140 (C-W Zoning District)
• BMC Section 23.206 (Manufacturing Districts)
• BMC Section 23.302.040 (Home Occupations)
• BMC Section 23.304.060 (Accessory Buildings and Enclosed Accessory Structures) • BMC Section 23.322.030 (Required Parking Spaces)
• BMC Section 23.502.020 (Glossary)

BACKGRO
UND
On October 12, 2021, the City Council passed Ordinance No. 7,787-NS, which repealed the then-existing Title 23 of the Berkeley Municipal Code and zoning maps (“the old Zoning Ordinance”) and adopted a new Title 23 of the Berkeley Municipal Code and zoning maps (“the new Zoning Ordinance”). The new Zoning Ordinance became effective December 1, 2021.

The new Zoning O
rdinance was created as a customer service improvement and was limited in scope to changes that reorganized and reformatted Title 23 to make the City’s zoning code easier to understand and administer. Minor “consent changes” were approved by City Council where changes were needed to bring the Ordinance into compliance with State law or to codify zoning interpretations (Attachment 2). Other than the “consent changes”, no substantive changes were intended by City Council.

Attachment 3

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

As part of City Council’s approval action, staff was directed to regularly return to the City Council with amendments necessary to maintain the integrity of the new Zoning Ordinance.

Amendments presented under this direction should be for the purposes of clarifying the new Zoning Ordinance, fixing mistakes in transcription and correcting unintentional errors.

Substantive changes in planning policy are not to be included in this set of routine amendments, but should be presented as separate Zoning Ordinance amendments, consistent with BMC Chapter 23.412 (Zoning Ordinance Amendments).

PROPOSED ZONING ORDINANCE AMENDMENTS
Since the new Zoning Ordinance came into effect on December 1, 2021, a number of clean-up amendments have been identified. The project team anticipated technical edits and corrections during the roll-out of the new Zoning Ordinance and was prepared with an efficient process and schedule for addressing these requests. This report is the product of that process and is labeled “Package #1” because we expect a few more of these reports will come before Planning Commission over the course of the next year.

The proposed Zoning Ordinance amendments are presented in two categories. The first category includes nine amendments that require an explanation or justification. These amendments are presented below with information on what was in the old Zoning Ordinance, what is in the new Zoning Ordinance, and why amendments are necessary. The second category includes technical edits such as simple spelling, punctuation or grammatical errors.

These amendments are summarized in Table 1: Text Edits and Other Routine Amendments.

Category One Zoning Ordinance Amendments

1. BMC Section 23.326.030.A (Eliminating Dwelling Units through Demolition)

Old Zoning Ordinance: Pursuant to Section 23C.08.020.B of the old Zoning Ordinance, demolition of a building constructed prior to June 1980 containing two or more units….

“will not be allowed if the building was removed from the rental market under the Ellis Act during the preceding five (5) years or there have been verified cases of harassment or threatened or actual illegal eviction during the immediately preceding three years.”

New Zoning Ordinance: The above provision was not carried over into Section

23.326.030.A of the new Zoning Ordinance, which governs elimination of Buildings with Two or More Units Constructed Before June 1980.

Proposed Amendment: Add the following to Section 23.326.030.A (Eliminating Dwelling Units through Demolition – Buildings with Two or More Units Constructed Before June 1980). This language is identical to language currently in the new Zoning Ordinance for buildings with a single dwelling unit.

23.326.030.A.2 Limitation.
(a) Demolition is not allowed if:
i. The building was removed from the rental market under the Ellis Act during the preceding five years; or

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

ii. There have been verified cases of harassment or threatened or actual illegal eviction during the immediately preceding three years.

(b) Where allegations of harassment or threatened or actual illegal eviction are in dispute, either party may request a hearing before a Rent Board Hearing Examiner. The Rent Board Hearing Examiner will provide an assessment of the evidence and all available documentation to the ZAB. The ZAB shall determine whether harassment or threatened or actual illegal eviction occurred.

2. BMC Section 23.204.020 (Allowed Land Uses)

Old Zoning Ordinance: Pursuant to Section 23C.22.020 of the old Zoning Ordinance, Short-Term Rentals were only permitted in residential uses in the following zoning districts: R-1, R-1A, R-2, R2A, R-3, R-4, R-5, R-S, R-SMU, C-DMU, C-1, C-NS, C-SA, C-T, C-W, and MU-R.

New Zoning Ordinance: This provision was not accurately carried over into Table

23.204-1: Allowed Land Uses in the Commercial Districts in the new Zoning Ordinance.

Table 23.204-1 does not reflect that Short-Term Rentals are not permitted in the C-E, C- SO and C-AC districts.

Proposed Amendment: Amend Table 23.204-1: Allowed Uses in Commercial Districts to read:

ZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.030(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

COMMERCIAL DISTRICTS
USE-

SPECIFI
C
REGULA
TIONS

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-
DMU
C-
W
C-
AC
Short-Term Rental See 23.314 NP See 23.314 NP See 23.314 NP

3. BMC Section 23.204.100 (C-SA Zoning District)

Old Zoning Ordinance: Section 23E.52.060.E of the old Zoning Ordinance includes provisions regulating automobile and motorcycle sales that include outdoor activities in the C-SA district. These regulations apply to a Dealership Overlay Area, which the old Zoning Ordinance describes with text.

New Zoning Ordinance: The new Zoning Ordinance replaced the text description of the C-SA Dealership Overlay Area with a map (Figure 23.204-2 C-SA Dealership Overlay Area). However, all of the parcels located in the Overlay Area have since been rezoned to C-AC. Therefore, there is no need for the map or the Dealership Overlay. Text changes to the C-SA are necessary to clarify that vehicle sales with outdoor activities

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

are not permitted anywhere in the C-SA district, and to remove standards related to vehicle sales with outdoor activities. Additional text changes are necessary to replace “automobile and motorcycle” with “vehicle,” to be consistent with usage throughout the new Zoning Ordinance and the terms in the Glossary.

Proposed Amendment: Amend Section 23.204.100.B.5 to read:

5. Automobile/Motorcycle Vehicle Sales.
a. Applicability.
i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate.

Otherwise, a Use Permit is required.
ii. All new or relocated automobile or motorcycle vehicle sales in the C-SA district shall comply with the requirements of this subsection.
iii. Expansions or modifications of existing automobile or motorcycle vehicle sales are:

1. Encouraged to comply with standards in Paragraph c (Standards) below where feasible; and

2. Shall not increase or exacerbate a non-conformity with these standards. b. Where Allowed Sales with Outdoor Activities. New or relocated automobile or motorcycle vehicle sales uses with outdoor activities, including but not limited to storage and display of vehicle inventory, are limited to the Dealership Overlay Area as shown in Figure 23.204-2: C-SA Dealership Overlay Area. are not permitted.

Vehicle sales uses must be exclusively indoor operations.

[delete Figure 23.204-2: C-SA Dealership Overlay Area]

c. Standards.
i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.
ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage.

Adequate landscaping and/or fencing shall be used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display;
i. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented.

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

ii. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass.
iii. Repair Activities. All vehicle repair activities shall be conducted indoors. iv. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials. Outdoor amplification is not permitted.
v. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency. vi. Vehicle Storage. No vehicles shall be stored in the public right-of-way.

4. BMC Section 23.204.100 (C-SA Zoning District)

Old Zoning Ordinance: Section 23E.52.070.B of the old Zoning Ordinance includes provisions regulating maximum heights for Main Buildings in the C-SA. Maximum height limits vary in the C-SA depending upon the location of properties in three subareas within the district.

New Zoning Ordinance: Section 23.204.100.D of the new Zoning Ordinance includes development standards for the C-SA district. These development standards include maximum heights, which are detailed in Table 23.204-28 C-SA Maximum Building Heights and a map, Figure 23.204-3 C-SA Building Height Subareas.

Both the Table and the Figure refer to parcels that have since been rezoned to C-AC.

Therefore, the map, Figure 23.204-3 C-SA Building Height Subareas, must be amended to exclude those parcels that are no longer in the C-SA district. The amended map has no parcels in Subarea 2. The map’s legend requires a change to reflect that.

Similarly, Table 23.204-28 C-SA Maximum Building Heights must be amended to remove Subarea 2 and renumber the remaining height subareas.

Proposed Amendment: Amend Table 23.204-28: C-SA Maximum Building Heights to read:

Building Land Use
Maximum Height
Subarea 1 Subarea 2 Subarea 2 3
Non-Residential
Uses
36 ft and 3 stories 24 ft and 2 stories 24 ft and 2 stories Mixed Use and
Residential Only
60 ft and 5 stories
[1]
50 feet and 4 stories
[1]
36 ft and 3 stories
[1]
[1] In mixed-use buildings, the third story and above must be used for residential purposes entirely.

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

The amended map, Figure 23.204-3 C-SA Building Height Subareas is included as Attachment 4.

5. BMC Section 23.204.110 (C-T Zoning District)

Old Zoning Ordinance: Pursuant to Section 23E.56.070 of the old Zoning Ordinance, the Zoning Adjustments Board may approve a Use Permit for a project located in the C- T district, north of Dwight Avenue, to increase a project’s maximum height to 75 feet if at least 50% of the total building floor area is for residential use. The old Zoning Ordinance did not include a maximum number of stories for such a project.

New Zoning Ordinance: In the new Zoning Ordinance, Table 23.204-33: C-T Allowed Heights and FAR Increases includes a maximum height of “75 ft and 6 stories” for a project located North of Dwight Way, adding the stories limitation where none previously existed.

Proposed Amendment: Amend Table 23.204-33: C-T Allowed Heights and FAR Increases to read:

Project Location
Allowed Increase
Height FAR
South of Dwight Way 65 ft. and 5 stories No increase allowed North of Dwight Way 75 ft. and 6 stories 6.0

6. BMC Section 23.204.130 (C-DMU District)

Old Zoning Ordinance: Section 23E.68.070.C of the old Zoning Ordinance sets forth minimum setbacks for projects in the C-DMU district. Setback requirements are included for a property’s Front Lot Line, Interior Side Lot Line and Rear Lot Line. There are no additional setback requirements for a property’s “street side” lot line.

New Zoning Ordinance: Table 23.204-39: C-DMU Setback Standards of the new
Zoning Ordinance includes setback requirements for a property’s street side lot line that are equivalent for those on a property’s front lot line.

Proposed Amendment: Amend the column headings of Table 23.204-39: C-DMU Setback Standards to read:

Portion of Building
at Height of:

Front or Street
Side
Minimum Interior Side
Minimum Rear 65’ and less from
lot frontage
Over 65’ from lot
frontage

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

7. BMC Section 23.204.140 (C-W Zoning District)

Old Zoning Ordinance: Table 23E.64.030 of the old Zoning Ordinance permits Group Living Accommodations in the C-W District with a Use Permit. Although Section 23.64 does include development standards, it includes no minimum lot area requirement per Group Living Accommodation Resident.

New Zoning Ordinance: Table 23.204-42: C-W Development Standards in the new Zoning Ordinance includes a minimum lot area requirement per Group Living Accommodation Resident of 350 square feet.

Proposed Amendment: Amend the Lot Area Minimum section of Table 23.204-42: C-W Development Standards to read:

Basic Standards Supplemental Standards
Lot Area Minimum

23.304.020--Lot Requirements New Lots No minimum
Per Group Living Accommodation
Resident
350 sq. ft.

No minimum

8. BMC Section.206.020 (Manufacturing Districts)

Old Zoning Ordinance: Table 23E.72.030 of the old Zoning Ordinance indicates that all residential uses are Prohibited in the M district. Accessory Dwelling Units are residential uses.

New Zoning Ordinance: Table 23.206-1 Allowed Land Uses in Manufacturing Districts in the new Zoning Ordinance indicates that Accessory Dwelling Units are Permitted in the M district.

Proposed Amendment: Amend Table 23.206-1 Allowed Land Uses in Manufacturing Districts to read:

ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
-- = Permitted with an AUP,
see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit
Requirement
* Use-Specific Standards
Apply

MANUFACTURING DISTRICTS
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*) M MM MU-LI MU-R
Residential Uses
Accessory Dwelling
Unit NP NP NP See

23.306

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

9. BMC Section 23.322.030 (Required Parking Spaces)

Old Zoning Ordinance: Section 23D.24.080 of the old Zoning Ordinance included required off-street parking for projects located in the ES-R (Environmental Safety- Residential) district.

New Zoning Ordinance: Table 23.322-1 Required Off-Street Parking in Residential Districts does not include the off-street parking requirements for projects in the ES-R district.

Proposed Amendment: Amend Table 23.322-1 Required Off-Street Parking in Residential Districts to read:

Land Use Number of Required Off-street Parking Spaces
Residential Uses
Accessory Dwelling Unit See Chapter 23.306
Dwellings, including Group
Living Accommodations
R-3, R-4, and R-5 Districts (1-9 units): If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per unit.

R-3, R-4, and R-5 District (10 or more units): If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per 1,000 sq ft of gross floor area.

ES-R: 1 per 1,000 sq ft of gross floor area or one per bedroom, whichever is greater.

All Other Districts: If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per unit
All Other Locations: None required
Dormitories, Fraternity and
Sorority Houses, Rooming &
Boarding Houses, Senior
Congregate Housing

If located on a roadway less than 26 feet in width in the Hillside Overlay:
1 per each 5 residents, plus 1 for manager.

All Other Locations: None required.

Rental of Rooms
ES-R: 1 per each roomer or boarder, in addition to any required parking for Dwellings.

All Other Districts: If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per each two roomers.

All Other Locations: None required
Non-Residential Uses
All non-residential uses
except uses listed below
R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: See 23.322.030.A.2
Community Care Facility One per two non-resident employees Food Service Establishment 1 per 300 sq. ft.

Hospital
R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: 1 per each 4 beds plus 1 per each 3 employees
Library 1 per 500 sq. ft. of publicly accessible floor area Nursing Home 1 per 3 employees
Medical Practitioners 1 per 300 sq. ft.

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

Land Use Number of Required Off-street Parking Spaces
Non-Medical Offices R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: 1 per 400 sq. ft.

Hotels, Tourist 1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees

10. BMC Section 23.502.020 (Glossary)

Old Zoning Ordinance: Section 23F.04 of the old Zoning Ordinance consisted of definitions of terms used in the old Zoning Ordinance, similar to the Glossary that is now Section 23.502.020 of the new Zoning Ordinance.

Section 23F.04 of the old Zoning Ordinance included a definition of Retail Products Store, which included a list of examples of types of Retail Products Stores. One type of Retail Product Store, “Flower and Plant Stores” included a note that this type “excludes nurseries.” Nurseries were instead captured under another Retail Product Store type, “Garden Supply Stores, Nurseries.”

New Zoning Ordinance: Section 23.502.020.R of the new Zoning Ordinance includes a new definition, “Retail, General,” which was compiled from the list of Retail Product Store types from the old Zoning Ordinance, but which eliminated some of the subtypes of retail stores. The definition of Retail, General in the new Zoning Ordinance correctly includes nurseries. However, the definition also mistakenly excludes nurseries in its last sentence, as the exclusion of nurseries from one type of Retail Produce Store in the old Zoning Ordinance was inadvertently carried as an exclusion from the entire Retail, General definition in the new Zoning Ordinance.

Proposed Amendment: Amend the definition of Retail, General in Section

23.502.020.R to read:

Retail, General. A retail establishment engaged in the sales of personal, consumer, or household items to the customers who will use such items. This use includes antique stores, art galleries, arts and crafts supply stores, bicycle shops, building materials and garden supplies stores, clothing stores, computer stores, cosmetic/personal care items, department stores, drug paraphernalia stores, drug stores, fabric, textile and sewing supply shops, flower and plant stores, food product stores, furniture stores, garden supply stores, nurseries, gift/novelty shops, household hardware and housewares stores, household electronics/electrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores. This use excludes video rental stores, service of vehicle parts, nurseries, and firearm/munition sales.

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Public Hearing on Zoning Ordinance Technical Edits & Corrections Item 11

Category Two Zoning Ordinance Amendments
The following table includes minor text edits, along with a rationale for each edit.

Table 1: Text Edits and Other Routine Amendments
Zoning Ordinance
Section
Proposed Amendment Rationale

23.204.020
Table 23.204-1
(Allowed Uses in the
Commercial Districts)
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.030020(B)
[#] = Table Note Permit Requirement
* Use-Specific Regulations Apply
Correcting an inaccurate
internal reference

23.302.040.A
(Home Occupations –
Definitions)

Remove entire section Glossary already contains
exact same definition
language. Stating it twice
raises the opportunity for
discrepancies in future
updates. One location for
definitions is best practice.

23.304.060.C.2
(Accessory Buildings and
Enclosed Accessory
Structures)
2 3. Rebuilding and Replacement Section misnumbered

23.502.020.F.3.A
(Glossary: Family Day
Care Home)
(a) Small Family Day Care Home. A family day care
homes for eight or fewer children, including children
who live at the home.

Grammatical correction

23.502.020.F.3.B
(Glossary: Family Day
Care Home)
(b) Large Family Day Care Home. A family day care
homes for nine to fourteen children, including
children who live at the home.

Grammatical correction

NEXT STEPS
Staff recommends that the Planning Commission hold a public hearing, receive public testimony, and recommend to City Council adoption of the proposed Zoning Ordinance amendments.

ATTACHMENTS

1. Ordinance – Zoning Ordinance Amendments

2. Consent Changes Matrix

3. Public Hearing Notice

4. Amended Figure 23.204-3 C-SA Building Height Subareas

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NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
Zoning Ordinance Amendments that Address Technical Edits and Corrections to the Berkeley Municipal Code Sections 23.326.030 (Eliminating Dwelling Units through Demolition); 23.204.020 (Allowed Land Uses); 23.204.100 (C-SA Zoning District); 23.204.110 (C-T Zoning District); 23.204.130 (C-DMU District); 23.204.140 (C-W Zoning District); 23.206 (Manufacturing Districts); 23.302.040 (Home Occupations); 23.304.060 (Accessory Buildings and Enclosed Accessory Structures); 23.322.030 (Required Parking Spaces); 23.502.020 (Glossary) The Department of Planning and Development is proposing amendments to the Zoning Ordinance. On October 12, 2021, the City Council passed Ordinance No. 7,787-NS, which repealed the then-existing Title 23 of the Berkeley Municipal Code and zoning maps (“the old Zoning Ordinance”) and adopted a new Title 23 of the Berkeley Municipal Code and zoning maps (“the new Zoning Ordinance”). The new Zoning Ordinance became effective December 1, 2021.

As part of City Council’s approval action, staff was directed to regularly return to City Council with any required amendments to the new Zoning Ordinance to aid in clarity, fix mistakes in transcription, or correct unintentional errors discovered as part of the transition from the old to the new Zoning Ordinance. The public hearing will consider a set of amendments to the new Zoning Ordinance that address these errors. No substantive changes to planning policy are included in this set of amendments.

The hearing will be held on, Tuesday, April 26, 2022 at 6:00 PM. The hearing will be held via videoconference pursuant to Government Code Section 54953(e) and the state declared emergency.

A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of April 14, 2022. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.

For further information, please contact Justin Horner, Associate Planner, at 510-981- 7476.

Written comments should be mailed directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or emailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact

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information to be made public, you may deliver communications via U.S. Postal Service.

If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981- 6900 or [email protected] for further information.

Published: April 15, 2022 per California Government Code Sections 65856(a) and 65090.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 14, 2022.
__________________________________
Mark Numainville, City Clerk

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Office of the City Manager

PUBLIC HEARING
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Submission of the Program Year 2022 (FY 2023) Annual Action Plan Containing Allocations of Federal Funds

RECOMMENDATION
Conduct a public hearing on the federal Program Year (PY) 20221 Annual Action Plan (AAP) for federal Housing and Urban Development Department (HUD) funds, including the allocation of federal funding for community agencies and, upon conclusion, adopt a Resolution:

1. Approving proposed funding allocations under the PY 2022 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME);

2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds;

3. Allocating 10% for HOME program administration, up to 5% to support Community Housing Development Organization (CHDO) operations, and the remaining (approximately 85%) of the PY 2022 HOME funds to the Housing Trust Fund;

4. Allocating 20% of the PY 2022 CDBG funds to Planning and Administration, up to

17.83% for public services, and the remaining to be distributed to Housing Services and Public Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation, program income, or earlier unused funds, be more or less than estimated;

5. Allocating $377,404 of the PY 2022 CDBG Public Facility Improvements program funding to the Fred Finch Youth Center Turning Point Facility, and an additional 10% for contingencies, for a total of $415,144, as long as the HUD allocation and/or program income and earlier unexpended funds result in at least $100,000 in additional funding for the facility Notice of Funding Availability (NOFA); 1PY 2022 funding which is made available to the City of Berkeley in July 2022 coincides with the City’s Fiscal Year 2023.

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6. Allocating the allowable 7.5% of the PY 2022 ESG to Administration, $6,676 to the HMIS system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A;

7. Authorizing staff to finalize the PY 2022 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development, including the planned expenditures of HUD funds, required HUD application forms and certifications, and all other HUD-required information; and

8. Authorizing the City Manager to execute and submit all documents necessary to receive the City’s entitlement grants under the CDBG, ESG, and HOME Programs.

SUMMARY
As detailed in Attachment 1, Exhibit A, the Health, Housing and Community Services Department (HHCS), recommends allocating $3,172,368 (anticipated) in CDBG funds; $1,476,057 of which would be used for housing services activities, $453,921 for public services and $657,916 for the Public Facility Improvements program, which is currently operating on a rolling application basis as funds are available. HHCS also recommends allocating $233,523 (anticipated) in ESG funds to be used to support people who are literally homeless; and $774,813 (anticipated) in HOME funds, $667,332 of which would be allocated to the Housing Trust Fund.

This report also includes authorization for the required submission of the Annual Action Plan (Attachment 2), which details the City’s plans for implementing the CDBG, HOME, and ESG programs in federal PY 2022, which corresponds to the City’s FY 2023 fiscal year.

FISCAL IMPACTS OF RECOMMENDATION
Approval of the PY 2022 AAP does not have an impact on the General Fund as it is solely committing the City’s entitlement grant allocations under the Federal Department of Housing and Urban Development’s CDBG, HOME, and ESG programs. General funds, including required leveraged funds for HUD programs, are awarded separately.

Since the Federal funding allocations for PY 2022 (FY23) have not been finalized, all of the award amounts in this report are estimates. Additionally, periodic program income payments from both HOME and CDBG funded activities are received through the end of the current fiscal year. If adjustments are needed due to an increase or decrease in the annual entitlement allocations, program income, or earlier unused funds, those adjustments will be allocated to the Public Facility Improvements program for CDBG, the Housing Trust Fund program for HOME, and up to the regulatory percent caps for administration of the funds.

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CDBG
Staff is projecting receipt of $250,000 PY 2021 (FY 2022) program income from CDBG- funded activities such as loan repayments, and also anticipates the availability of $250,000 in unallocated funds from prior years. These amounts, combined with the anticipated $2,672,368 HUD award of CDBG funds, will give the City a total of $3,172,368 (anticipated) in CDBG funds to allocate for PY 2022.

Staff funding recommendations are summarized below in Table 1, with additional detail provided in the attached Exhibit A. Due to the expenditure caps on administration and public services, the program income and carry forward funds are only available for housing services, community facility projects, and the Housing Trust Fund. If the total CDBG funds available are more or less than the estimated $3,172,368, the difference will either be added to or subtracted from the amount allocated to the Public Facility Improvements program alongside any adjustment necessary to adhere to the administration and public services caps.

Table 1: CDBG
PY 2022 (FY 2023) HUD
Award
Program
Income
Carry
Forward
Funds
Total
Funds Available (estimated) $2,672,368 $250,000 $250,000 $3,172,368

Proposed Funding Plan
Housing Services $1,476,057 $1,476,057
Public Services (17.83% cap) $453,921 $453,921
Public Facility Improvements $157,916 $250,000 $250,000 $657,916 Planning and Admin (20%
cap) $584,474 $584,474
Total Expenditures $2,672,368 $250,000 $250,000 $3,172,368 HOME
The City will receive an estimated $754,813 in HOME funds, plus an additional $20,000 in HOME program income, for a total of $774,813 in HOME funds available for PY 2022.

Staff funding recommendations are summarized below in Table 2, with additional detail provided in the attached Exhibit A. Should the HOME allocation or program income receipts differ from the estimate, staff recommends that the City continue to utilize up to the maximum possible for administration (10%) and Community Housing Development Organization (CHDO) operations (5%), with the remaining adjustments applied to the Housing Trust Fund program.

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Table 2: HOME
PY 2022 (FY 2023) HUD
Award
Program
Income Total
Funds Available
(estimated) $754,813 $20,000 $774,813

Proposed Funding Plan
CHDO Operations $37,741 $37,741
HTF Projects $490,628 $18,000 $510,628
Administration (10%) $75,481 $ 2,000 $75,481
Planning and Admin
(20%) $150,963 $150,963
Total Expenditures $754,813 $20,000 $774,813
ESG
The City’s estimated ESG entitlement for PY 2022 is $233,523. Staff funding recommendations are summarized below in Table 3 with additional detail provided in the attached Exhibit A. If HUD adjusts the actual ESG funding, staff recommends utilizing the maximum possible for administration (7.5% of the grant), allocating $6,676 to Homeless Management Information System (HMIS) support, and using up to 60% for emergency shelter/street outreach; with the remainder going toward rapid rehousing.

The same funding proportions will be applied should the amount either increase or decrease
Table 3: ESG
PY 2022 (FY 2023) HUD Award
Funds Available (estimated) $233,523

Proposed Funding Plan
Rapid Rehousing $69,219
Emergency Shelter and Street Outreach
(60%) $140,114
Homeless Management Information System $6,676
Administration (7.5%) $17,514
Total Expenditures $233,523

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CURRENT SITUATION AND ITS EFFECTS
The City is required to submit an Annual Action Plan to HUD by May 15 each year in order to receive its annual allocation of CDBG, ESG, and HOME funds. Council has typically allocated the majority of CDBG and ESG funds to community agencies for housing or other public services, and for community facility improvements. The majority of the HOME allocation is usually placed into the City’s Housing Trust Fund, consistent with its narrow range of allowable uses. City Council is asked to approve the Annual Action Plan, including allocations of CDBG, ESG, and HOME funds, which must be submitted to HUD by May 15, 2022.

Accepting HUD funds and executing subsequent activities as defined in the Annual Action Plan advance our Strategic Plan Priority goal to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
HUD regulations governing CDBG, ESG, and HOME funds require that the City of Berkeley submit an Annual Action Plan (AAP). HUD provides a template for the AAP which dictates much of the form and content of the document. The PY 2022 Annual Action Plan, covering the period July 1, 2022 through June 30, 2023, describes the City’s strategy for achieving the goal of developing and maintaining a viable urban community through the provision of decent housing and a suitable living environment, while expanding economic, health and educational opportunities principally for households with incomes at or below 80% of Area Median Income (see Attachment 2).

The PY 2022 AAP is based on goals contained in the City’s Five-Year Consolidated Plan2 (2020 – 2024), which examines housing needs and establishes funding priorities in the areas of affordable housing and services for a wide range of low-income populations. HUD requires the involvement of the public in the creation of each Annual Action Plan. Berkeley’s public participation process began on March 3, 2022 with a public meeting of the Housing Advisory (HAC) and will culminate in the April 26, 2022 public hearing. The HAC’s mission includes advising City Council on allocations of CDBG and ESG funding.

The HAC, at its March 3, 2022 meeting, voted unanimously to recommend the City Council adopt the Annual Action Plan (AAP) for Federal Program Year (PY) 2022 including the Community Development Block Grant (CDBG) Public Facility Improvement proposal for the Fred Finch Youth Center application with an extra 10% contingency to the current proposal (M/S/C: Simon-Weisberg/Johnson. Vote - Ayes: Calavita, Fain, Johnson, Lee-Egan, Mendonca, Potter, Sanidad, and Simon-Weisberg. Noes: None.

Abstain: None. Absent: Rodriguez.). The vote to include the additional 10% contingency for the Fred Finch Youth Center proposal, would increase the request from $377,403.95 to $415,144.
2The Consolidated Plan can be found at http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=12160

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HHCS is in favor of the HAC recommendation to add the additional 10% to the Fred Finch Turning Point Facility application, on the condition that the PY 2022 HUD CDBG award, unexpended CDBG funds and/or CDBG generated program income, result in at least $100,000 in funding available for another Public Facility Improvement project through the NOFA. If there is at least $100,000 in funding available in funding for another Public Facility Improvement project, after allocating $415,144 for the Fred Finch Turning Point Facility, then the total amount allocated to CDBG Public Facility Improvement projects would be a minimum of, $668,052, instead of $657,916, as is currently projected.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Upon release of the RFP for CDBG, ESG, and HOME funding in FY 2019 (PY 2018), applicants were encouraged to propose projects that met various City-wide goals, such as the Climate Action Plan. Projects funded with CDBG, ESG, and HOME are required to follow state and local regulations, including those related to green building and energy. CDBG funding for community facility projects places a priority on projects that promote energy efficiency and improve accessibility. Single family rehabilitation, including energy efficiency, was a funding priority in the FY 2019 RFP (PY 2018). With these recommendations (Attachment 1), the City will continue funding both City- administered and community agency-administrated programs. Each program funded by HUD funds also undergoes an Environmental Review to understand and mitigate possible environmental impacts.

RATIONALE FOR RECOMMENDATION
Submission of the PY 2022 Annual Action Plan is required to continue to receive CDBG, ESG, and HOME funds. The allocations recommended in this report and shown in Attachment 1, Exhibit A, are in keeping with the goals outlined in the City’s five-year Consolidated Plan, which Council approved in April 2020. In addition, since the City shifted to a four-year allocation process for community agency funding, the proposed allocations continue to fund these agencies at the same levels for Fiscal Years 2020 through 2023 (PY 2019 – PY 2022).

ALTERNATIVE ACTIONS CONSIDERED
The PY 2022 Annual Action Plan includes opportunities for public and Housing Advisory Commission input and comments. Comments are considered throughout the process and are reflected in the report. No other alternative actions are currently being considered.

Failure to approve the PY 2022 Annual Action Plan for submission to HUD by May 15, 2022 could result in delays or loss of this funding.

CONTACT PERSON
Rhianna Babka, Community Services Specialist III, HHCS, (510) 981-5410

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Attachments:
1: Resolution
Exhibit A: CDBG/ESG/HOME Allocations Spreadsheet
2: City of Berkeley PY 2022 Final DRAFT Annual Action Plan 3: Public Hearing Notice

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RESOLUTION NO. ##,###-N.S.

SUBMISSION OF THE PROGRAM YEAR 2022 ANNUAL ACTION PLAN, INCLUDING

ALLOCATIONS OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), EMERGENCY SOLUTIONS GRANT (ESG), AND HOME INVESTMENT

PARTNERSHIP GRANT (HOME) FUNDS
WHEREAS, the submission of the Program Year 2022 (PY 2022) Annual Action Plan is a requirement the City must meet in order to receive its allocation of CDBG, ESG and HOME funds, available for the period July 1, 2022 through June 30, 2023 from the federal Department of Housing and Urban Development; and
WHEREAS, on March 3, 2022 the Housing Advisory Commission (HAC) made funding recommendations that City council adopt the PY 2022 Annual Action Plan including the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Programs; and
WHEREAS, on March 3, 2022 the Housing Advisory Commission (HAC), as part of its funding recommendations, recommended that City council accept the Fred Finch Youth Center Public Facility Improvement application for the Turning Point Facility and allocate $377,404 of the PY 2022 CDBG Public Facility Improvement funding to the project, with up to 10% in additional contingency funding, for a not to exceed total of $415,144; and WHEREAS, on April 26, 2022, the City Manager made funding recommendations to City Council on the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Programs as contained in Exhibit A attached to this resolution; and
WHEREAS, the City will continue to use the maximum allowable under all three HUD programs for administration, as well as adhere to other program expenditure caps by category in accordance with HUD regulations; and
WHEREAS, the City has established the following budget codes in FUND$: CDBG 370- various, ESG: 045-7902-331-1001, HOME: 040-various and General Fund: 010-various and the equivalent budget codes in ERMA: CDBG 128-various, ESG: 311-various, HOME: 310-various and General Fund: 011-various; and
WHEREAS, the City confirms that HUD allocations proposed in this plan supplement and do not supplant any general or other local funds that have already been appropriated or allocated for the same purpose.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that the City Manager is authorized to:

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1. Execute any resultant agreements and amendments for agencies receiving funding under the CDBG, ESG, or HOME Program in accordance with the proposal approved hereunder. If the federal government does not allocate sufficient funds to cover the allocations attached to this resolution in this year or subsequent years, the City may either terminate the resultant agreements with agencies without any liability occurring to the City. A record copy of said contracts and any amendments are on file in the Office of the City Clerk; and

2. Allocate 20% of the PY 2022 CDBG funds to the Planning and Administration, up to 17.83% for public services, and the remaining to be distributed to Housing Services and Community Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation and/or program income and earlier unexpended funds be more or less than anticipated; and

3. Allocate $377,404 of the PY 2022 CDBG Public Facility Improvement funding to the Fred Finch Youth Center Turning Point Facility, and an additional 10% for contingencies, for a total of $415,144, shall only be added if the HUD allocation and/or CDBG program income and earlier unexpended CDBG funds result in at least $100,000 in additional funding to use for another Public Facility Improvement project; and

4. Allocate 10% for HOME program administration, up to 5% to support CHDO operations, and the remaining (approximately 85%) of the PY 2022 HOME funds to the Housing Trust Fund; and

5. Allocate the allowable 7.5% of the PY 2022 ESG to Administration, $6,676 to the HMIS system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A, and

6. Finalize the PY 2022 Annual Action Plan, including planned expenditures, adding required HUD application forms and certifications, and including other HUD- required information, submit it to the U.S. Department of Housing and Urban Development (HUD), and execute all documents necessary to receive the City’s entitlement grants under the CDBG, ESG and HOME Programs.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute or amend contracts with agencies receiving funding under the CDBG, ESG or HOME Program in accordance with the proposals approved hereunder. A record copy of said contracts and any amendments are on file in the Office of the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is authorized to use the following invoicing/reporting system in contract administration, but maintains the discretion of requiring more frequent invoices and reports from new grantees or in contracts deemed

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to require closer scrutiny, and also maintains the discretion to terminate contracts based on factors outlined in the contract boilerplate, including, but not limited to, the contractor’s failure to fulfill obligations:

Fiscal Reports:
 All agencies, regardless of funding level, are required to submit quarterly statements of expense and quarterly requests for advance payment. The final statement of expense for each fiscal year must be accompanied by a copy of the agency’s General Ledger and a Statement of Revenues and Expenditures for each program.

Program Reports:
 Agencies funded with non-federal funding: End-of-year narrative summary of accomplishments for the following types of programs, due by July 31: 1) Drop-In and Respite Services only with no intensive case management attached, 2) Meal Programs, and 3) Recreation Services.
 All other agencies with non-federal funding: Two program reports, due by January 31 and July 31;
 Agencies with federal funding (any amount): Four program reports due by October 31, January 31, April 30, and July 31.

BE IT FURTHER RESOLVED that the City Manager is authorized to refuse to execute a contract with any agency that has not provided required contract exhibits and documentation within 90 days of award of funding.

BE IT FURTHER RESOLVED that the City Manager is authorized to recapture any unspent CDBG funds awarded to an agency for a community facility improvement contract, if the funds are not spent by June 30, 2023.

Exhibit
A: CDBG, ESG and HOME Proposed PY 2022 (FY 2023) Proposed Allocations

664
PY22 (FY23) CDBG, HOME, ESG Allocations
Community Development Block Grant (CDBG) Allocations
REVENUES Award FY22 Estimated FY23
CDBG Award 2,726,906$ 2,672,368$
Program Income 475,755$ 250,000$
Earlier Unused Funds 503,823$ 250,000$
SUBTOTAL CDBG 3,706,484$ 3,172,368$
GF Funding Available 232,229$ 232,229$
EXPENDITURES - By Category
Proposed
Allocations FY22
Proposed
Allocations FY23
I. Housing Services 1,476,057$ 1,476,057$
II. Public Services (17.83%) 453,921$ 453,921$ III. Public Facility Improvements 1,298,159$ 657,916$ IV. Planning & Administration (20%) 632,347$ 584,474$ Total CDBG Funds Allocated/Requested 3,860,484$ 3,172,368$ CDBG Project Details
I. CDBG - HOUSING SERVICES PROJECTS
Proposed
Allocations FY22
Proposed
Allocations FY23
CDBG
1 Center for Independent Living: Residential Access Project for Disabled 159,660$ 159,660$ 2 Habitat for Humanity East Bay - Housing Rehabilitation Grant Program 250,000$ 250,000$ 3 COB HHCSD: Loan Services 70,008$ 70,008$ 4 COB HHCSD: Senior and Disabled Rehab Program 358,048$ 358,048$ Rehab Loans 150,000$ 150,000$
5 COB HHCSD: Affordable Housing Development and Rehab 488,341$ 488,341$ 6 Multi-Family Housing Rehab -$ -$ SUBTOTAL Housing Projects -- CDBG 1,476,057$ 1,476,057$ General Fund
7 Bay Area Community Land Trust (GF) 5,200$ 5,200$ Proposed
Allocations FY22
Proposed
Allocations FY23
CDBG
8 Homeless Services (Berkeley Food & Housing Project)* 170,502$ 170,502$ 9 Homeless Services (Bay Area Community Services)* 248,419$ 248,419$ 10 EDEN Housing: Fair Housing Services 35,000$ 35,000$ Total CDBG Public Services 453,921$ 453,921$ CDBG Public Services Cap 571,034$ 521,058$ II. PUBLIC SERVICES PROJECTS

665
* These projects are for CDBG budgeting, but are reviewed by other Commissions whose funding recommendation is reflected here.

General Fund
11 The Bread Project: Culinary Job Readiness Training 57,850$ 57,850$ 12 Inter-City Services: Employment, Education and Training 101,351$ 101,351$ 13 Rising Sun Energy Center: Green Energy Training Services 67,828$ 67,828$ Subtotal GF Public Services: 227,029$ 227,029$ III. CDBG - PUBLIC/COMMUNITY FACILITIES IMPROVEMENTS: Allocations or recommended funding is one-time only.

Proposed
Allocations FY22
Proposed
Allocations FY23
14 Public Facilities 1,145,251$ 505,008$

14.a. Fred Finch Turning Point Facility** N/A 377,404$

14.b. Funds available for NOFA N/A 127,604$
15 COB HHCSD: Public Facilities Improvements 152,908$ 152,908$ Subtotal Public Facilities Improvements: 1,298,159$ 657,916$ **An additional 10% may be added to the Fred Finch Turning Point Facility as long as the remaining funds for the Public Facility NOFA are at least $100,000.

IV. CDBG - PLANNING AND ADMINISTRATION***
Proposed
Allocations FY22
Proposed
Allocations FY23
16 COB HHCSD: CDBG Planning & Administration 632,347$ 584, 474$ CDBG Planning & Administration TOTAL 632,347$ 584,474$ ***Set-aside. Planning and Administration is a capped category of CDBG funding.

The City of Berkeley City Manager and Housing & Community Services Departments will utilize the maximum amount of funding available under this category.

666
HOME Investment Partnership Program (HOME) Allocations
REVENUES Awarded FY22 Estimated FY23
HOME Award 754,813$ 754,813$
Program Income (projected) 20,000$ 20,000$ SUBTOTAL HOME Funds Available 774,813$ 774,813$

EXPENDITURES
Proposed
Allocations FY22
Proposed
Allocations FY23
Administration (10%) 77,481$ 77,481$
CHDO Operating Funds (5%) 30,000$ 30,000$ Available for HTF Projects 667,332$ 667,332$ Total 774,813$ 774,813$
Emergency Solutions Grant (ESG) Allocations
REVENUES Awarded FY22 Estimated FY23
ESG Award 233,523$ 233,523$

EXPENDITURES
Proposed
Allocations FY22
Proposed
Allocations FY23
Rapid Rehousing 69,219$ 69,219$
Emergency Shelter and Street Outreach (60%) 140,114$ 140,114$ Homeless Management Information System 6,676$ 6,676$ Administration (7.5%) 17,514$ 17,514$
Total 233,523$ 233,523$

667

CITY OF BERKELEY

ANNUAL ACTION PLAN

FOR HOUSING AND COMMUNITY DEVELOPMENT

JULY 1, 2022 – JUNE 30, 2023 (PY 2022)

For the U.S. Department of Housing and Urban
Development
San Francisco Field Office of Community Planning
and Development

May, 2022

668

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
2 Table of Contents
Executive Summary ....................................................................................................................................... 4 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 4 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 8 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 9 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 13 Expected Resources .................................................................................................................................... 16 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 16 Annual Goals and Objectives ...................................................................................................................... 21 Projects ................................................................................................................................................... 25 AP-35 Projects – 91.220(d) ..................................................................................................................... 25 AP-38 Project Summary .......................................................................................................................... 26 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 33 Affordable Housing ..................................................................................................................................... 34 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 34 AP-60 Public Housing – 91.220(h) ........................................................................................................... 35 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 36 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 39 AP-85 Other Actions – 91.220(k) ............................................................................................................ 42 Program Specific Requirements .................................................................................................................. 48

Attachment 1: City of Berkeley CDBG, ESG, and HOME Projects – DRAFT ATTACHED Attachment 2: Pu blic Notice and Community Participation Summary – TO BE ATTACHED Attachment 3: City of Berkeley, Emergency Solutions Grant Policies and Procedures Manual with ESG-CV Addendum; Alameda County Priority Home Partnership (PHP), City of Berkeley Emergency Solutions Grant Rapid Rehousing and Prevention Assistance Policies and Procedures Manual; Systemwide

669

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
3 Performance Targets for Rapid Re-Ho using Services; and Homeless Solutions in Alameda County, ESG-CV STANDARDS AND EXPECTATIONS.– DRAFT ATTACHED

670

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
4 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
This Annual Action Plan is the 3rd Annual Action Plan for the current Consolidated Planning period.

2. Summarize the objectives and outcomes identified in the Plan The City of Berkeley (COB) has ambitious objectives for spending its federal entitlement grant funding.

Berkeley allocates these and other state and local funds to maximize assistance for its low and moderate-income households through:
• Housing acquisition, rehabilitation, repair, and accessibility improvements, • Assisting homeless adults and families including those with disabilities and other special needs, through emergency shelter, transitional housing, and service-enriched affordable, supportive housing; and
• Funding public facilities improvements to protect and sustain the infrastructure critical to community services and economic vitality in Berkeley.

The COB has long placed a high priority on affordable housing and community services because they reflect important community values. The City now invests more General Fund dollars into related programs than it receives in federal funding for these activities. The City is committed to maintaining high-quality programs for those in need but faces challenges due to uncertainty in future federal funds available. At the same time, CARES Act, American Recovery Program, ESG, HOME, Consolidated Plan, and Annual Action Plan funding and/or requirements have substantially increased. Changing funding and increased administrative burdens impact the City’s ability to address all of the many needs identified.

Approved Allocations. As summarized in AP-38 and detailed in Attachment 1, the COB plans to allocate $2,672,368 (anticipated) (HUD award) in Community Development Block Grant (CDBG) funds together with $250,000 (anticipated) in prior years’ carryover and $250,000 (anticipated) in CDBG program income to fund:
• $1,476,057 (anticipated) in housing projects and programs; • $453,921 (anticipated) in public services;
• $657,916 (anticipated) for community and public facilities activities; and • $584,474 (anticipated) to administer all facets of the City’s CDBG program.

671

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
5 The COB will utilize its PY22 ESG allocation of $233,523 (anticipated) (HUD award) to serve literally homeless people through the City’s Pathways STAIR Program ($209,333 anticipated), support the County-wide Homeless Management Information System, ($6,676) and support its program planning and administration activities at 7.5% ($17,514 anticipated). The City takes care in calculating the shelter and outreach do not exceed 60% of our annual ESG grant. For PY22, the City’s Pathways STAIR program allocation has been split with $69,219 (anticipated) allocated to Rapid Re-Housing and $140,114 (anticipated) allocated to Shelter and Outreach. This is evidenced in Attachment 1.

The COB will utilize its PY22 HOME allocation of $754,813 (anticipated) (HUD award) and $20,000 (projected) in program income for program administration at 10% ($77,481 anticipated) including projected program income), Community Housing Development Organization (CHDO) operations ($30,000 anticipated) and will allocate the remaining balance to its Housing Trust Fund ($667,332 anticipated).

3. Evaluation of past performance
The City reviews and evaluates its performance through its annual submission of the Consolidated Annual Performance and Evaluation Report. The City tracks single family and multi-family housing rehabilitation efforts and housing development efforts.

The City's Single Family Rehabilitation (SFR) program comprised of 1) the City's Senior and/or Disabled Rehab Home Loan Program (SDRLP), 2) the Center for Independent Living, and 3) Habitat for Humanity Silicon Valley is evaluated on an ongoing basis to ensure that the most significant health and safety improvements are prioritized and that sufficient outreach is occurring to increase the number of unduplicated households served overtime.

The City currently operates the public facility improvement program as a rolling RFP/NOFA as funds become available and in PY19 held a release workshop with over 20 participants. Unused PY20 and available PY21 funds were applied for and awarded for the West Berkeley Service Center and the project is expected to be well underway in PY22. PY22 facility funds will once again be released and available for nonprofit and government applicants.

Outcomes for all public services community agency programs funded with federal funds are tracked, and prior outcomes are used to inform funding decisions. The City also uses countywide Homeless Count and program outcome data to inform its goals on homelessness.

4. Summary of Citizen Participation Process and consultation process The City typically completes a fall public hearing with one or more commissions to obtain input on general community needs. However, due to the COVID-19 pandemic, commissions’ work continued on an as needed basis, and the City satisfied the Citizen Participation Plan public hearing requirement by

672

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
6 conducting two public hearings (December 2021 and April 2022) one in response to HOME-ARP funding and the other in response to AAP planning.

The draft Annual Action was posted on the City's website, and shared with the Housing Advisory Commission (HAC) March 3, 2022 meeting. At its March meeting, the HAC approved/approved with modifications (TBD) the PY22 Draft Annual Action Plan. A Public Hearing on the PY22 Draft Annual Action Plan was held on April 26, 2022 before the Berkeley City Council. Outreach was accomplished via hard copy and electronic flyer mailings to interested parties, including Alameda County-wide Homeless Continuum of Care, community agencies serving low-income people, and public buildings such as recreation centers, senior centers, libraries and other government buildings.

5. Summary of public comments
There was TBD public comment and a discussion among commissioners at Housing Advisory Commission meetings on March 3, 2022. Comments included TBD.

Public comment at the April 26, 2022 City Council Public Hearing included testimony from TBD individuals. Comments from the public and Council discussion included: TBD

6. Summary of comments or views not accepted and the reasons for not accepting them

673

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
7 All comments were accepted and/or addressed and will remain recorded in this report should additional HUD funds become available for public services and housing. None of the comments received resulted in changes to the Plan.

7. Summary
None.

674

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
8 PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency

CDBG Administrator BERKELEY Health, Housing & Community Services Department
HOME Administrator BERKELEY Health, Housing & Community Services Department
ESG Administrator BERKELEY Health, Housing & Community Services Department
Table 1 – Responsible Agencies

Narrative (optional)
The City of Berkeley’s Health, Housing & Community Services Department (HHCS) is the lead agency for overseeing the development of the plan. The Department coordinates the City’s funding allocation and monitoring for community-based organizations, administration of the Housing Trust Fund, and operation of other housing and community services programs such as the Shelter Plus Care program, and Senior and Disabled Home Rehabilitation Loan Program. The Department also includes the Mental Health, Public Health, and Aging Services, Environmental Health divisions, all of which provide direct services to the community.

Consolidated Plan Public Contact Information
Rhianna Babka
Community Services Specialist III
2180 Milvia Street, 2nd Floor
Berkeley, CA 94704
510-981-5410
[email protected]

675

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
9 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
During the next year, the City of Berkeley will continue to coordinate the housing and community services activities within the department through regular senior staff meetings, such as regular Housing and Homeless Team meetings, coronavirus response for vulnerable and low-income populations meetings, and will continue to coordinate with other City Departments on specific topics. It will also consult with EveryOne Home, the countywide coordinating body and plan to end homelessness, and its partners at Alameda County Behavioral Health Care Services and Social Services Agency as well as community stakeholders in Berkeley.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
City staff continue to participate in the implementation of EveryOne Home. EveryOne Home spearheads Alameda County’s Homeless Continuum of Care. Staff will continue to participate in the initiative’s various committees and/or Leadership Board, which includes most public funders of housing and homeless services in the county, as well as leadership from key community-based organizations, including those which develop affordable housing. Leadership Board membership helps coordinate efforts across the county. In PY22, City will continue to work with EveryOne Home, Alameda County Behavioral Health Care Services, Social Service Agency and Office of Homeless Care and Coordination to continue to implement the Countywide Coordinated Entry System (CES) for homeless services and will participate in EveryOne Home’s ongoing implementation of multiple CES sites throughout the county. Other recent countywide collaboration efforts include planning for Alameda County’s 2022 Point In Time count, issuance of new Emergency Housing Vouchers continued CES redesign efforts, and the ongoing implementation of the Home Stretch registry, an initiative targeting people who are chronically homeless and highly vulnerable.

City homeless services and mental health staff will continue to participate in monthly meetings with the Berkeley Housing Authority and homeless service partners to coordinate mainstream and Emergency Housing voucher housing opportunities for the 91 Mainstream vouchers issued to BHA (90 of the 91 Mainstream Vouchers have been issued).

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness

676

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
10 In PY22, the City will continue to work with EveryOne Home, Alameda County Behavioral Health Care Services, Social Service Agency Office of Homeless Care and Coordination to implement the newly redesigned North County Coordinated Entry System (CES), which includes the Berkeley, Emeryville and Albany, for homeless services and will participate in EveryOne Home’s ongoing implementation of the Coordinated Entry System throughout the county, particularly by supporting the North County Singles and Family Housing Resource Centers. These efforts have led to the redesign of the standardized screening, intake and assessments protocols across the Continuum of Care to streamline the assessment process and better match people who are homeless with the best fit available housing solution.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Consultation with EveryOne Home, the Alameda-Countywide Continuum of Care, City of Berkeley, the City of Oakland, and the Alameda County Housing and Community Services Department was initiated in 2012. The discussion focused on how to implement the new ESG requirements in a way that would be consistent countywide and would continue the collaboration launched in 2009 with American Recovery and Reinvestment Act (ARRA) Homelessness Prevention and Rapid Re-housing (HPRP) funds. The group held several meetings in PY12, resulting in the development of a policies and procedures manual that was used to implement the Priority Home Partnership Program. The most recent version, which includes policies and procedures for shelter and outreach activities was attached to the 2020 Consolidated Plan. Additionally, the Alameda-Countywide Continuum of Care, City of Berkeley, the City of Oakland, and the Alameda County Housing and Community Services Department have implemented new ESG-CV Rapid Rehousing Standards and Expectations (Attachment 3).

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

1 Agency/Group/Organization EveryOne Home
Agency/Group/Organization Type Services - Housing
Services - Children
Services - Persons with Disabilities
Services - Homeless
Services - Employment

677

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
11 What section of the Plan was addressed
by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The City of Berkeley adopted EveryOne Home's plan
to end homelessness:2018 Strategic Update and the
City continues to participate in the implementation
of the plan. See above coordination with EveryOne
Home, Alameda County Behavioral Health Care
Services and SSA.
2 Agency/Group/Organization ALAMEDA COUNTY HOUSING & COMMUNITY DEVELOPMENT and ALAMEDA COUNTY OFFICE OF

HOMELESS CARE AND COORDINATION
Agency/Group/Organization Type Services - Housing
Services - Children
Services - Persons with Disabilities
Services - Employment
What section of the Plan was addressed
by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
See above coordination with Alameda County.

Table 2 – Agencies, groups, organizations who participated

Identify any Agency Types not consulted and provide rationale for not consulting Not applicable.

678

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
12 Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care EveryOne Home
In 2019, the City of Berkeley adopted EveryOne Home's plan to end homelessness: 2018 Strategic Update and the City continues to participate in the implementation of the plan.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
Consultation and research regarding Broadband Internet service providers and Management of Flood Prone Areas/Public Land or Water Resources/Emergency Management was done during the Consolidated Plan and language responding to this is reflected in sections MA 60 & MA 65 of the Consolidated Plan. Additional updates will occur in future Annual Action Plans as applicable.

679

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
13 AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City’s Housing Advisory Commission (HAC) reviewed the draft plan during a public meeting on March 3, 2022, that was advertised on the City’s website and calendar.

The City published a public hearing notice on March 25, 2022 in the Berkeley Voice in accordance with its citizen participation plan for an April 26, 2022 Public Hearing at the Berkeley City Council meeting. It also sent the notification to residents of public and assisted housing, users of community and senior centers, libraries, and residents being served by over 50 community based agencies funded by the City of Berkeley.

The public hearing notice was also released through City’s Public Information Office including an email distribution list, the City’s news webpage, Nextdoor, and Twitter.

680

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
14 Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
1 Public
Meeting
Housing
Advisory
Commissio
n (HAC)
representat
ives
March 3,
2022
members of
the HAC
discussed
the Draft
Annual
Action Plan,
and TBD
member of
the public
made
public
comment.

TBD
persons,
including
commission
ers, were
present.

The
members of
HAC voted
to approve
the Draft
AAP for
Council
considerati
on.

HAC members
reviewed and
discussed the Draft
of the AAP at its
March 3, 2022
meeting.

Comments and
questions
pertaining to the
AAP focused on
TBD

681

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
15 Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
2 Public
Hearing
Minorities

Non-English
Speaking -
Specify
other
language:

Spanish and
Mandarin

Persons
with
disabilities

Residents
of Public
and
Assisted
Housing

Low income
Berkeley
Residents
This Public
Hearing
was held at
the April
26, 2022,
City of
Berkeley
Council
Meeting.

Public comment
included testimony
from TBD
individuals.

Comments from
the public and
Council discussion
included: TBD

All comments
were accepted
and/or
addressed and
will remain
recorded in
this report
should
additional
HUD funds
become
available for
public services
and housing.

None of the
comments
received
resulted in
changes to the
Plan.
https://ww
w.cityofber
keley.info/
Clerk/City_
Council/Cit
y_Council_
_Agenda_I
ndex.aspx
Table 4 – Citizen Participation Outreach

682

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
16 Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Berkeley is an entitlement jurisdiction. The City will receive $ 3,660,674 (anticipated award) in federal Housing and Urban Development Department (HUD) funds comprised of $2,672,338 (anticipated) in CDBG, $754,813 (anticipated) in HOME and $233,523 (anticipated) in ESG funds. Additionally, the City will add $250,000 (anticipated) in CDBG Program Income and $250,000 (anticipated) in unused CDBG carry over and $20,000 (anticipated) in HOME Program Income to these amounts.

Anticipated Resources
Progra
m
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
CDBG
public
-
federa
l
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvement
s
Public
Services
$
2,672,33
8 (anticipat
ed)
$250,0
00 (anticip
ated)

$250,000
(estimate
)

$3,172,3
68 (estimate
)

$7,412,
968
(estima
ted)

CDBG funds are
allocated to
public services,
housing services
and
rehabilitation,
and public
facility
improvements.

The City of
Berkeley does
not currently
use CDBG funds
for economic
development.

683

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
17 Progra
m
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
HOME
public
-
federa
l
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for ownership
TBRA
$754,813
(anticipat
ed)

$20,00
0 (projec
ted)
$0

$774,813
(estimate
d)

$1,549,
626
(estima
ted)

The City
allocates 10% of
the HOME
allocation to
administration,
up to 5% for
CHDO operating
costs, and the
remaining (or
approximately
85%) to the City
Housing Trust
Fund.

684

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
18 Progra
m
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
ESG
public
-
federa
l
Conversion
and rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid re-
housing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
$233,523
(anticipat
ed)

$0

$0

$233,523
(estimate
d)

$467,04
6 (estima
ted)

The City of
Berkeley uses
ESG funds for
Rapid
Rehousing,
Shelter and
Outreach for
literally
homeless
individuals and
families. A small
portion of the
ESG funds are
used to support
the County-
wide HMIS
system. The City
allocates 7.5%
of the allocation
to Planning and
Admin.

Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Many of the housing and community services programs described in the Consolidated Plan will continue to be delivered by nonprofit community-based organizations. The City contracts with a wide range of housing and service providers using CDBG, HOME, ESG, Community Services Block Grant (CSBG), General Fund, and other sources of funding. These organizations leverage significant financial and in-kind support from individual community members, foundations, and private organizations that help meet the needs identified in this plan.

685

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
19 In addition to leveraging at the individual agency level, the City has historically matched the investment of CDBG, HOME, and ESG dollars with the investment of General Fund. In PY21 over three quarters of the funding for community agency programs came from local and General Fund dollars. The City meets the HOME 25 percent match requirement. The City meets the dollar for dollar match requirements for the ESG program by allocating General Funds to various homeless services providers. Shelter programs alone receive over $767,447 in City General Funds each year.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City has long-term leases of City-owned property with non-profit organizations that address the needs identified. Programs operating in leased City-owned properties include:
• Dorothy Day House Emergency Storm Shelter;
• Dorothy Day House Veteran’s Building Shelter;
• Dorothy Day House Berkeley Community Resource Center; • BOSS’ Harrison House Shelter for Homeless men, women and families; • BOSS’ Sankofa House – emergency shelter for homeless families; • Women’s Daytime Drop-In Center’s Bridget House – transitional housing for homeless families; • Wo
men’s Daytime Drop-In
Center – a homeless daytime center for women and children; • Bay Ar
ea Community Services (BACS) Pathways STAIR Center; and • Options Recovery Services – substance use treatment services. • Lifelong Medical Care – healthcare services for people who are homeless The City also has long-term leases for affordable permanent housing at:
• Ocean View Gardens;
• UA Cooperative Housing; and
• William Byron Rumford Senior Plaza.

The City has committed more than $27 million in local funding for the development of the City-owned Berkeley Way parking lot to address the needs identified in the plan. On September 9, 2014, after a Request for Qualifications process, the City Council approved the selection of a development team consisting of Bridge Housing, the Berkeley Food and Housing Project, and Leddy Maytum Stacy Architects (LMSA) as the preferred development team for the site. Since then the City has been working closely with the project team on a three-part project including homeless services and meal space, emergency shelter, permanent supportive housing, and affordable apartments. The project sponsors have secured all required funding and construction began in fall 2020. Construction is scheduled for completion in May or June 2022, and lease up is scheduled for May through September 2022. Berkeley Way will consist of 89 affordable housing for households at 50-60% AMI, 53 units of Permanent

686

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
20 Supportive Housing, 32-bed dormitory style shelter beds and 12 transitional housing beds for veterans.

The City is currently exploring the possible use of the City-owned Ashby BART station area air rights as well as the West Berkeley Services Center as possible future housing sites. Since Fall 2020, the City has been engaging in discussions with BART to plan for future development of affordable housing on two BART sites in Berkeley, including the Ashby BART station and North Berkeley BART station. In April 2021, the City reserved $53 million in local funds for future housing developments with a goal of achievinga minimum of 35% affordable housing at both BART sites. The City and BART anticipate releasing RFQs for potential development teams in 2022.

Discussion
Not applicable.

687

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
21 Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name Start
Year
End
Year Category Geographi
c Area
Needs
Addressed Funding Goal Outcome
Indicator
1 Increase
affordable
Housing
Supply
and
Quality
202
0 202
4 Affordable
Housing
BERKELEY Affordable
Housing
CDBG:
$1,476,057
(estimated
)

HOME:
$679,473
(estimated
)

Rental units
constructed: 3-4
Household
Housing Unit
Rental units
rehabilitated:
53 Household
Housing Units

Homeowner
Housing
Rehabilitated:
23 Household
Housing Unit

688

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
22 Sort
Order Goal Name Start
Year
End
Year Category Geographi
c Area
Needs
Addressed Funding Goal Outcome
Indicator
2 Improve
Public
Facilities
and Public
Services
202
0 202
4 Non-
Housing
Community
Developme
nt
BERKELEY Non-
Housing
Communit
y
Developm
ent
CDBG:
$1,111,837
(estimated
)

Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit:
1,012 Persons
Assisted

Public service
activities other
than
Low/Moderate
Income Housing
Benefit:
875 Persons
Assisted.

3 Provide
Homeless
Preventio
n,
Emergenc
y Shelter,
Outreach
and Rapid
Re-
Housing
202
0 202
4 Homeless BERKELEY Homelessn
ess
ESG:
$233,523
(estimated
)

Tenant-based
rental assistance /
Rapid Rehousing:
20 Households
Assisted
Emergency
Shelter: 80
Households
Assisted
Outreach: 70
Households
Assisted
Prevention: 0
Households
Assisted

689

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
23 Sort
Order Goal Name Start
Year
End
Year Category Geographi
c Area
Needs
Addressed Funding Goal Outcome
Indicator
4 Prevent,
prepare
for and
respond to
COVID-19
202
0 202
4 Affordable
Housing
Homeless
Non-
Housing
Community
Developme
nt
BERKELEY Affordable
Housing,
Homelessn
ess,
Communit
y
Developm
ent, Non-
Housing
Communit
y
Developm
ent, and
responding
to needs of
COVID-19
$0 N/A
Table 6 – Goals Summary

Goal Descriptions
1 Goal Name Increase Affordable Housing Supply and Quality Goal
Description
CDBG and HOME funds will be used for affordable housing acquisition and rehabilitation, and single family rehabilitation programs. 2 Goal Name Improve Public Facilities and Public Services Goal
Description
CDBG funds will be used to rehabilitate public facilities and homeless and fair housing public services.
3 Goal Name Provide Homeless Prevention, Emergency Shelter, Outreach and Rapid Re- Housing
Goal
Description
ESG funds will be used to provide outreach, services emergency shelter and/or rapid re-Housing to literally homeless households.
4 Goal Name Prevent, prepare for and respond to COVID-19 Goal
Description
CDBG (PY20), CDBG-CV and ESG-CV (CARES Act) funds will be used to prevent, prepare for and respond to COVID-19
Table 7 – Goal Descriptions

690

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
24 Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):

BRIDGE Housing Corporation and the Berkeley Food and Housing Project’s Berkeley Way project (53 extremely low income and 89 low income units) started construction in July 2020, and Satellite Affordable Housing Associate’s Jordan Court (34 affordable units, with seven reserved for extremely low-income households at 30% AMI and fourteen reserved for low income households at 60% AMI) started construction in August 2020 with tenant occupancy anticipated in February or March 2022. Seventeen of Jordan Court’s units are supported by the HOME funds.

691

City of Berkeley
Annual Action Plan – DRAFT
PY 2022
25 Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of Berkeley will fund eligible projects in the following categories: housing development, rehabilitation and services projects, public services, public/community facility improvement projects, emergency shelter grant programs, program planning and administration, and the Housing Trust Fund.

Projects

# Project Name
1 City of Berkeley Planning and Administration
2 Housing Services
3 Single Family Rehabilitation Programs
4 Housing Trust Fund
5 Public Services
6 Public Facility Rehabilitation
7 ESG22 - Berkeley- Emergency Shelter, Outreach, Rapid Rehousing and HMIS Activities Table 8 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City continues to funds activities that have been identified as a need in the Consolidated Plan.

692

City of Berkeley
Annual Action Plan
PY 2022
26 AP-38 Project Summary
Project Summary Information
1 Project Name City of Berkeley Planning and Administration Target Area BERKELEY
Goals Supported Increase Affordable Housing Supply and Quality, Improve Public Facilities and Public Services, & Provide Homeless Prevention, Emergency Shelter, Outreach and Rapid Re-Housing services Needs Addressed Affordable Housing, Homeless, & Non-Housing Community Development
Funding CDBG: $584,474 (estimated)
HOME: $77,481 (includes the anticipated $20,000 in program income)
Description The project will fund City staff to plan and administer CDBG and HOME projects.

HOME Admin based on projected entitlement with $20,000 in anticipated program income.

Target Date 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description Citywide.

Planned Activities Information about the planned activities is included in Section AP-38 Project Summaries.
2 Project Name Housing Loan Services
Target Area BERKELEY
Goals Supported Increase Affordable Housing Supply and Quality Needs Addressed Affordable Housing
Funding CDBG: $70,008
Description City staff provide loan services to support single family rehabilitation, housing trust fund projects, and other federally funded housing related activities.

693

City of Berkeley
Annual Action Plan
PY 2022
27 Target Date 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
The project will serve approximately 50 active home
rehabilitation loans from the Senior and Disabled Rehabilitation Loan Program, and 110 loans from housing trust fund projects and other federally funded housing related activities, for a total of 160 loans.

Location Description Various locations within the City of Berkeley.

Planned Activities Services provided under this project will include accounting, processing loan payments and loan payoff demands, deeds of reconveyance, lien releases and loan subordination requests, collections, personal financial analysis, and structuring of temporary repayment agreements.
3 Project Name Single Family Rehabilitation Programs
Target Area BERKELEY
Goals Supported Increase Affordable Housing Supply and Quality Needs Addressed Affordable Housing
Funding CDBG: $898,001
Description Activities related to single family rehabilitation efforts will be funded under this project. These projects will cover health and safety improvements as well as accessibility improvements such as the installation of ramps/lifts for low income homeowners and renters.

Target Date 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
The project will benefit an estimated 27 low-income households annually.

Location Description Various locations within the City of Berkeley.

694

City of Berkeley
Annual Action Plan
PY 2022
28 Planned Activities Activities include health and safety, accessibility, and energy efficiency improvements. CIL's program removes barriers to housing for 12 (estimated 8 homeowners and 4 renters) low- income, disabled residents by installing ramps, lifts and making other interior and exterior modifications to ensure accessibility of their homes. Habitat for Humanity provides home repairs, access modifications, and safety upgrades to 12 low-income households focusing on essential health and safety of the home. City staff work with senior and/or disabled homeowners, providing an estimated three loans of up to $100,000 for the Senior & Disabled (Home) Rehabilitation Loan Program.
4 Project Name Housing Trust Fund
Target Area BERKELEY
Goals Supported Increase Affordable Housing Supply and Quality Needs Addressed Affordable Housing
Funding CDBG: $488,341
HOME: $697,332 (estimated)
Description Activities that provide funding for City staff in support of projects funded with City of Berkeley Housing Trust Fund dollars, includes funding for projects and CHDO operating funds.

Target Date 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
17 units (households) will be directly supported with federal funding during the five-year Consolidated Plan period for an average of 3-4 per year. During the same time period staff will also support the development of an additional 371 affordable units with local funds. These totals will include 34 senior units and 81 special needs (homeless and/or disabled units).

An additional 49 low-income housing units will be rehabilitated at Rosewood Manor (35 units) and Lorin Street Apartments (14 units) using federal funds. The City will also fund the renovation of Solano Avenue Cooperative (13 units) using local funds.

Location Description Citywide

695

City of Berkeley
Annual Action Plan
PY 2022
29 Planned Activities City staff actively facilitate development, rehabilitation and/or preservation of affordable housing through working with developers, other city staff, lenders and other public agencies for the acquisition and rehabilitation of multi-family housing.

Specific activities include working with project sponsors throughout predevelopment, supporting public participation in project selection and development, preparing and executing loan agreements, and conducting federally required
environmental review. $30,000 will be dedicated to CHDO operating.

The aforementioned actitivities are funded by the City of Berkeley’s Housing Trust Fund, which includes HOME funds.

Together with the HTF and Admin funds allowed under the CDBG and HOME program, the funds also support Housing
Development staff. 570.201 (k) “provides that CDBG funds may be used to pay costs in support of activities eligible for funding under the HOME program. This includes services such as housing counseling in connection with tenant-based rental assistance and affordable housing projects, energy auditing, preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, and other services related to assisting owners, tenants, contractors, and other entities participating or seeking to participate in the HOME program.”

Staff are currently working on 14 affordable housing
developments in varying stages of predevelopment and
development with reservations and commitments totaling over $115M in City funds, including HOME funds. Staff are currently focusing on the Jordan Court( 1601 Oxford) and Berkeley Way projects, which are currently under construction. In addition, this funding supports the City’s implementation of CHDO operating funding.

PY20 and earlier year’s CDBG funds are being used for
rehabilitation work at Lorin Station (14 units) and Rosewood Manor (35 units), two affordable housing properties owned and operated by South Berkeley Neighborhood Development
Corporation (SBNDC). Both housing properties have immediate rehabilitation needs related to plumbing issues and roof repairs.

696

City of Berkeley
Annual Action Plan
PY 2022
30 5 Project Name Public Services
Target Area BERKELEY
Goals Supported Improve Public Facilities and Public Services Needs Addressed Homelessness
Non-Housing Community Development
Funding CDBG: $453,921
Description Services including homeless programs (daytime respite, men's shelter and Coordinated Entry System), and fair housing services are funded under this project.

Target Date 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
875 low-income and homeless households are expected to be served through these activities.

Location Description Citywide
Planned Activities Bay Area Community Services operates Berkeley's Coordinated Entry System which will screen, conduct intakes, and provide housing navigation services to approximately 690
people. Berkeley Food and Housing Program will provide emergency shelter to approximately 115 adult homeless men.

Eden Council for Hope and Opportunity will provide outreach, training, fair housing counseling services to up to 70 households, investigation of an estimated 25 fair housing complaints, 10 tenant/landlord mediations, and 10 fair housing testing/audits with follow-up training for non-compliant property owners.

6 Project Name Public Facility Rehabilitation
Target Area BERKELEY
Goals Supported Improve Public Facilities and Public Services Needs Addressed Non-Housing Community Development
Funding CDBG: $657,916 (estimated)
Description Activities that fund the rehabilitation of public facilities are funded under this project.

Target Date 6/30/2023

697

City of Berkeley
Annual Action Plan
PY 2022
31 Estimate the number and type
of families that will benefit
from the proposed activities
It is projected that improved public facility improvements provided by the City of Berkeley administered program will benefit a minimum of 1,012 people. The number of beneficiaries may increase as new public facility projects are identified through the acceptance of new applications.

Location Description Various locations within the City of Berkeley.

Planned Activities Activities include improving public facilities by funding substantial rehabilitation to applicants of the City administered Public Facility Improvement Program. A current project at the West Berkeley Service Center is anticipated to serve 1,000 persons. This Annual Action Plan proposes another project at Fred Finch Turning Point, anticipating serving 12.
7 Project Name ESG21-Berkeley - Emergency Shelter, Outreach, Rapid Rehousing and HMIS Activities
Target Area BERKELEY
Goals Supported Provide Homeless Prevention, Emergency Shelter, Outreach and Rapid Re-Housing services
Needs Addressed Homelessness
Funding ESG: $233,523 (anticipated)

Description ESG funds will be used for Emergency Shelter, Outreach, Rapid Re-Housing and HMIS costs.

Target Date 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
20 households will be served with Rapid Rehousing financial assistance.
70 persons will be assisted with Street Outreach.
80 persons will be assisted with Emergency Shelter

Location Description BACS Stair Navigation Center and various outreach and permanent housing locations.

698

City of Berkeley
Annual Action Plan
PY 2022
32 Planned Activities ESG funds will be used to provide financial assistance and housing relocation and stabilization services to rapidly re-house approximately 20 households, and support approximately 70 people through street outreach and engagement activities and 80 persons will be temporarily sheltered.

699

City of Berkeley
Annual Action Plan
PY 2022
33 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed As discussed in MA-50 of the Consolidated Plan, the City does not have areas of low income or minority concentration and therefore does not allocate federal funds geographically.

Geographic Distribution
Target Area Percentage of Funds
BERKELEY 100
Table 9 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Not applicable.

Discussion
Not applicable.

700

City of Berkeley
Annual Action Plan
PY 2022
34 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
This section includes HOME-funded units only. The City has one HOME-assisted project under construction with project completion anticipated in late PY21 or early PY22. Jordan Court will add 34 affordable housing units to the City’s portfolio, including 17 HOME units. The City supported the project with over $6 million in funding, including nearly $2.5 million in HOME funds.

One Year Goals for the Number of Households to be Supported Homeless 9
Non-Homeless 8
Special-Needs 0
Total 17
Table 10 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through The Production of New Units 17
Total 17
Table 11 - One Year Goals for Affordable Housing by Support Type

Discussion
Not applicable.

701

City of Berkeley
Annual Action Plan
PY 2022
35 AP-60 Public Housing – 91.220(h)
Introduction
The Berkeley Housing Authority (BHA) is not a department of the City of Berkeley. BHA Board members are appointed by the Mayor and confirmed by the City Council. BHA is a Section 8 Housing Choice Voucher-only agency; BHA does not own any public housing units. Responses below pertain to BHA’s voucher programs.

Actions planned during the next year to address the needs to public housing Not applicable. As a Section 8-only agency, BHA is making special effort to increase the number of landlords participating with us to house voucher holders. We have received a grant from the City of Berkeley ($150,000 in total) to implement a unit turnover program to incentivize landlords to participate with BHA to house voucher holders.

BHA was also recently selected as a participating Move To Work (MTW) agency in the landlord incentive cohort. After planning is concluded, staff will be able to utilize the programmatic flexibilities to further incentivize landlords into our programs so that more voucher holders may be housed in Berkeley.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable; unfortunately, the cost of housing in Berkeley prohibits BHA’s ability to operate a homeownership program. Regarding involvement of our program participants, as a Section 8-only agency, BHA adheres to all of the required public processes including convening a Resident Advisory Board (RAB) to review and comment on proposed Admin. Plan changes. Additionally, the RAB provided input on the MTW application, and will provide input on the public process that will entail finalizing the MTW plans prior to implementation.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable. BHA has been a high performing agency since 2010.

Discussion
Not applicable.

702

City of Berkeley
Annual Action Plan
PY 2022
36 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City uses a variety of approaches to support homeless and other vulnerable populations.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Goals for PY22 include 1) Converting ESG-Rapid Rehousing subsidies to Emergency Housing Vouchers for all eligible residents of the Safer Ground COVID-19 Respite hotels and the City’s Respite Program, 2) if awarded State of California Project HomeKey funding, support a new Permanent Supportive Housing project by converting an old hotel, 3) entering into a contract and lease to support the development of 39 units of modular housing for unhoused residents of Berkeley, and 4) continue to fund and otherwise support the North County Berkeley/Albany/Emeryville Housing Resource Center – the front door to the homeless Coordinated Entry System which provides outreach, assessments, housing problem solving, housing navigation and tenancy sustaining services to unhoused residents. HRC staff will continue to implement the updated assessment process. It includes three phases: housing program solving (HPS), crisis assessment and housing assessment. The former will be focused on households that can be rapidly rehoused with limited support while the latter will be focused on households needing permanent supportive housing. This phased approach coupled with HPS flex funds will result in more varied households having access to needed supports. Staff will provide these assessments through 211 referrals, during HRC drop-in hours, and at street-based locations throughout Berkeley. Street based outreach staff will continue to engage people and provide basic necessities, such as water and hygiene kits.

Eligible people will be matched to appropriate and available resources including housing problem solving resources, housing navigation services, shelter, transitional and permanent housing programs, physical, mental health and addiction services and SSI advocacy.

The HRC will provide housing navigation services tied to rapid-rehousing and flexible financial assistance to support additional people in moving to permanent housing. Housing navigators support participants in a variety of ways from housing problem solving to assisting with identification documents and housing search activities. Once permanently housed, HRC staff will work with participants to maintain housing.

Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to provide funding for shelter and transitional housing as described in section MA- 30 of the Consolidated Plan. The City funds multiple agencies to provide 298 year-round shelter beds, 30 seasonal shelter beds and 27 transitional housing beds. As part of the City’s COVID-19 response, the census at these programs has been reduced by approximately 50% so staff and participants can maintain 6’ social distancing. Additionally, funds have been provided to expand shelter operations to 24/7 and to provide three meals per day so participants don’t have to leave during the day.

703

City of Berkeley
Annual Action Plan
PY 2022
37 To offset the census reduction, while providing a safe space, the City implemented a non-congregate shelter program to house 18 households who meet the CDC’s criteria for at-risk populations, 65+ or having an underlying medical condition requiring extra precautions against COVID-19. Rapid re-housing resources are being offered to help people move into permanent housing.

The City has submitted a proposal to the State of California’s Encampment Resolution Funding Program to operate a 40-unit motel to support ongoing non-congregate shelter. If awarded, Berkeley will contract with the motel and a service provider to provide shelter, housing navigation and linkages to other needed services and permanent housing.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The North County HRC, operated by Bay Area Community Services (BACS), conducts Coordinated Entry System (CES) intakes and assessments, which prioritize people who are homeless for resources that best meet their needs, including rapid re-ho using placements and placement on the County’s Permanent Supportive Housing (PSH)Housing Queue. In both cases, the goal is to rapidly re-ho use households and support them for as long as retention services are needed and allowed.

The HRC’s Housing Navigation resources will be allocated to people across the new CES housing queue, from people with the most needs and prioritized for permanent supportive housing to people who need shorter term financial assistance with little to no services support . Housing Navigators will help collect documents needed to apply for housing opportunities, housing searches and linking participants to services that will help to retain housing.

The North County HRC and the BACS Stair Program have flexible and rapid rehousing funds, which assist in reducing people’s length of homelessness. The City will allocate ESG and local funds to support these efforts. While funding is available, there is still a lack of available units, within HUD’s Fair Market Rent (FMR) to support households with extremely low incomes making it difficult to rapidly re-house households in the County. Often, households are being housed in neighboring counties making it challenging to provide ongoing housing retention services. This has resulted in some delays in spending City of Berkeley ESG funds for rapid re-housing. Starting in PY21, the City of Berkeley shifted its ESG allocation to fund the Pathway STAIR Center and HRC outreach. Also, the HRC has incorporated more shared housing opportunities through the use of larger units. This has provided people with limited income and a willingness to share housing more opportunities to be permanently housed.

704

City of Berkeley
Annual Action Plan
PY 2022
38 The City’s Shelter Plus Care programs fills all of its openings through HomeStretch and the "Housing First" approach in housing the target population. When an opening occurs, Home Stretch prioritizes unhoused people based on chronicity, need and date of referral, and provides participant information to the City of Berkeley, to be matched with a partner service agency that will provide case management and housing stabilization support. The case manager will support the participant to obtain and retain their housing, although services are not required in order to qualify for the rental assistance. Along the way, case managers work with participants to address issues that may have contributed to their housing instability or present obstacles to obtaining rental housing (such as poor credit, a lack of income, missing documents like a picture ID, outstanding legal issues, etc.).

In PY20, Berkeley’s Health, Housing and Community Services (HHCS) Department administered two (formerly five grants, which have been consolidated to two) Permanent Supportive Housing (PSH) programs serving primarily people who are chronically homeless. The Shelter Plus Care COACH grant, with 86 Shelter Plus Care certificates, targets people who are chronically homeless. The program combines the federal housing subsidy with services provided by Berkeley Mental Health, Berkeley Case Management and Lifelong Medical Care.

The Supportive Housing Collaborative grant is the newly consolidated grant (formerly four grants) and provides a mixture of site based and scattered site housing opportunities:
129 Shelter Plus Care certificates and prioritizes people who are chronically homeless, although it is not limited to serving the chronically homeless.
14 Shelter Plus Care certificates primarily serving older adults who are living on the streets and disabled due to a serious mental illness and /or history of drug and alcohol dependence. The HHCS Department’s Aging Services Division provides outreach, housing search assistance, and intensive case management for the participants enrolled in the project. 12 site-ba sed units in partnership with Resources for
Community (RCD) as the project sponsor. The contract serves 12 households. Participants are housed at one of 2 sites owned by RCD: MLK House and Erna P. Harris Court (EPHC). 11 site-bas ed units in a
collaboration between the City of Berkeley Health Housing and Community Services Department (HHCSD) and Bonita House. The program targets adults who are dually diagnosed with a serious mental illness and history of alcohol and/or drug dependency.

Th
e Square One program combines a locally funded housing subsidy, with services provided by Lifelong Medical Care. These programs are now being coordinated through HomeStretch. This new process includes prioritization for people who have the longest lengths of homelessness and the highest needs.

It then connects these participants to Housing Navigators, to help support their application to HomeStretch and ultimate housing placement, as units become available.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly

705

City of Berkeley
Annual Action Plan
PY 2022
39 funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City uses General Funds and CDBG-CV to fund services that prevent people who are not literally homeless but are at imminent risk of homelessness per the HUD Homeless definition (Category 2) from becoming homeless. Prevention assistance may include support to a household to retain its current housing or to move to other housing without having to become literally homeless. While the ESG regulations allow for federal funds to be provided to those categorized as “at-risk” but not necessarily at “imminent risk”, Berkeley uses its ESG funds for rapidly rehousing people who are literally homeless.

Berkeley funds prevention assistance for people who meet “immediate risk” criteria defined as:
“An individual or family who will imminently lose their primary nighttime residence, provided that:
• the primary nighttime residences will be lost within 14 days of the day of application for homeless assistance;
• No subsequent residence has been identified; and,
• The individual or family lacks the resources of support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing.” Alameda County has mental health, foster youth, health care, and corrections discharge policies intended to prevent discharges of individuals from these systems into homelessness, described in detail in the Consolidated Plan.

During the coronavirus pandemic, the City expanded the housing retention program to assist households unable to pay rent due to a COVID-19 related loss of income. Households must provide a dated Notice of Eviction from landlord stating amount owed for back rent OR a letter of verification from landlord stating the amount owed for back rent, since there is currently an eviction moratorium.

The City is working with local hospitals to share information about the North County HRC and available homeless services in Berkeley to reduce discharges to local daytime drop-in centers and shelters that can’t support the needs of medically fragile people with severe disabling conditions. The City will continue to participate in countywide and regional efforts to reduce discharges into homelessness.

Discussion
The City of Berkeley supports a wide range of homeless programs, including emergency/crisis drop in centers and shelters, transitional housing, permanent supportive housing, prevention and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by EveryOne Home, in order to inform future adjustments to the service system.

706

City of Berkeley
Annual Action Plan
PY 2022
40 AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

None.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
As stated in section MA-40 of the Consolidated Plan, the following are considered potential constraints in Berkeley: accessory dwelling unit (ADU) requirements, infill development regulations and permit review process. On February 8, 2022, the City adopted a local ADU Ordinance that is both consistent with and more lenient than State law. Any residential parcel with an existing or proposed housing unit may establish an ADU with the approval of a building permit. The new ordinance exceeds the State’s height limitation of 16 feet, allowing for the construction of ADUs with a maximum height of 20 feet and more flexibility in ADU design. The new ADU Ordinance is effective on March 14, 2022. While the City’s ADU regulations are more lenient than State law, they may be a constraint to development of additional units; therefore, the 2015 Housing Element includes a housing program to evaluate the regulations and consider changes to development standards for ADUs. Additionally, while the zoning ordinance includes five multi-family zoning districts and the City has seen a number multi-family development projects, Housing Policy H-34 of the 2015 Housing Element encourages the review of infill development regulations in residential districts to identify and change possible constraints.

The permit process in Berkeley may be considered a constraint to housing production, although based on the amount of affordable and market-rate development that has been approved and the density of those projects, it does not appear to have deterred new development. However, Policy H-34 calls for the City to continue to improve and streamline the development review process and to evaluate regulations to identify and reduce unnecessary impediments to housing development and affordable housing projects.

With the passage of California Senate Bill (SB) 35 Berkeley, like all California cities, has an expedited path to planning and environmental approvals for affordable housing developments meeting certain State- established criteria. In 2021, the City approved one land use entitlements for a City-funded project under the SB35 rules: 1900 Fourth Street.

The City also anticipates a reduction in barriers to affordable housing with the passage of California Senate Bill 330 (2019) which reduces the number of allowable public hearings for Housing Accountability Act (HAA) compliant projects to five. In 2021, six development projects were submitted under the provisions of SB 330.

Additionally, the City also anticipates a reduction in barriers to affordable housing with the passage of California Senate Bill 9 (2021) that promotes strategic infill growth and could provide options for

707

City of Berkeley
Annual Action Plan
PY 2022
41 homeowners to build intergenerational wealth by allowing up four units to be established on a single- family parcel.

The City also adopted the Adeline Corridor Plan (December 2020) which introduced a local density bonus program that incentivizes the development of affordable housing in the corridor.

In 2021, the City initiated work on update of the Housing Element (2023-2031). The Housing Element serves as a comprehensive document for everyone in the Berkeley community. Racial and social equity, and protections for vulnerable and historically impacted communities, are key factors in this update to the City’s housing plan. An essential component of the Housing Element is to identify sufficient sites that can accommodate future housing needs across income levels. The Housing Element must also develop various approaches in order to meet those needs, such as zoning updates or new affordable housing requirements and programs.

Discussion
Not applicable.

708

City of Berkeley
Annual Action Plan
PY 2022
42 AP-85 Other Actions – 91.220(k)
Introduction:

The City of Berkeley uses a range of strategies to address the housing, homeless, and community development goals identified in the Consolidated Plan. This section discusses actions planned to foster and maintain affordable housing, to reduce lead-based paint hazards, to reduce the number of poverty- level families in Berkeley, and to coordinate activities in these areas with other entities.

Actions planned to address obstacles to meeting underserved needs One of Berkeley’s major obstacles to meeting underserved needs is the limited amount of federal, state, and local resources available given the diversity of needs in the community and high cost of housing in the Bay Area. The City of Berkeley will continue to pursue new State and Federal resources as available to meet underserved needs.

Actions planned to foster and maintain affordable housing The City has several on-going programs which foster and maintain affordable housing in Berkeley:
• Rent Stabilization Program. In 1980, Berkeley residents passed the Rent Stabilization and Eviction for Good Cause Ordinance. The Ordinance regulates most residential rents in Berkeley, provides tenants with increased protection against unwarranted evictions and is intended to maintain affordable housing and preserve community diversity. In 2017 Council adopted the Tennant Protection Ordinance, to prohibit illegal evictions through the use of fraudulent and/or misleading representations, intimidating conduct, and coercive conduct. • Affordable Housing Mitigation Fee (AHMF). This fee requires developers of new market rate rental housing to pay a fee into the Housing Trust Fund or to provide affordable apartments integrated into their development. Resulting units are affordable both to people with incomes less than 50 percent and less than 80 percent of Area Median Income (AMI). A portion of all 50% AMI units are set aside for Shelter+Care and Section 8 voucher holders. The Council adopted a formula for increasing the rate over time consistent with the Construction Costs Index (CCI). • Condominium Conversion Ordinance (CCO). The CCO governs the conversion of rental apartments and tenancy-in-common buildings to condominiums, and other types of mutual or cooperative housing. A mitigation fee for production of permanently affordable housing is collected for each unit converted into a condominium and allocated to the Housing Trust Fund. • Commercial Linkage Fee. The Affordable Housing Mitigation Program for commercial construction was approved on April 20, 1993. It imposes a fee on commercial new construction in which the newly constructed gross floor area is over 7,500 square feet that is allocated to the Housing Trust Fund.
• Housing Trust Fund (HTF). The City of Berkeley created its HTF in 1990 to help develop and preserve

709

City of Berkeley
Annual Action Plan
PY 2022
43 below-market-rate housing. The HTF program pools funds for affordable housing construction from a variety of sources with different requirements, makes them available through one single application process to local developers, then monitors development and operation of the funded housing.
• Inclusionary Housing Ordinance for ownership housing. The ordinance requires developers of market rate ownership housing to include affordable ownership units or pay a fee allocated to the Housing Trust Fund.
• Relocation Ordinance. In 2011, the City of Berkeley adopted a local ordinance to prevent tenants from being permanently displaced if they must vacate their unit temporarily while repairs are completed to bring the unit into code compliance. The Ordinance requires the Owner to allow the tenants to move back into the unit once repairs are completed, and to provide financial compensation to tenants to mitigate the costs associated with being temporarily displaced. • Mortgage Credit Certificate. MCC is a federal income tax credit that provides qualified low income homebuyers a tax credit worth up to 15 percent of their annual mortgage interest paid on their home loan. MCC recipients adjust their federal income tax withholding, which increases their take- home pay, making monthly mortgage payments more affordable. The City participates in the Alameda County MCC program.
• Senior and Disabled Loan Rehab Program. HHCS administers the program as an effort to preserve the City’s housing stock and to assist low- and moderate-income senior and disabled homeowners, funded by CDBG and CalHOME. The applicants receive a zero interest loan, secured by a deed of trust on their home, which is repaid when title to the property changes hands, typically as a result of the sale of the property or inheritance by the owner’s heirs. • Fair Chance to Housing. In March of 2020, Berkeley City Council passed the Fair Chance Access to Housing Ordinance, prohibiting the use of criminal history and/or criminal background checks in the tenant selection process for rental housing.

Actions planned to reduce lead-based paint hazards
The City will continue to comply with the Environmental Protection Agency’s Renovation, Repair, and Painting Program in its Senior and Disabled Rehabilitation Loan Program. Similarly, organizations working with the City of Berkeley on single family rehabilitation will work with the City and Alameda County Lead Poisoning Prevention Programs to increase awareness of lead issues among their clients and incorporate lead safe work practices into their activities.

The City of Berkeley Childhood Lead Poisoning Prevention Program collaborates with the Berkeley Health, Housing & Community Services Department’s State lead-certified Risk Assessor/Inspector, Project Designer, and Project Monitor. Berkeley’s program also provides case management services to families with children who have elevated blood lead levels. Public Health Nursing services include outreach, health education, and follow-up with providers and families for initial blood lead levels (BLLs)

710

City of Berkeley
Annual Action Plan
PY 2022
44 of > 4.5 and < 9.5 µg/dL; follow-up/lead poisoning consultation for initial BLLS > 9.5 and < 14.5 (potential cases) and case management for children with blood lead levels > 14.5 µg/dL.

The Alameda County Healthy Homes Department (ACHHD) also provides HUD-funded lead hazard control grants for addressing lead hazards in qualifying Berkeley pre-1978 housing units that are occupied by a low income household with a priority for units with a child under 6 living in the unit, a pregnant occupant, or a child under 6 years who visits twice a week for at least three hours each time. Since July 1, 2020, ACHHD has completed lead evaluation at one unit in Berkeley which is under contract for lead hazard repair, has approved another unit for service and has seven units in the application process. The goal of the program is to make 144 housing units lead-safe county-wide over the 42-month grant period.

ACHHD also provides lead safety and healthy housing training. For coronavirus safety, in person trainings have been suspended under the County’s Shelter-In-Place orders. The ACHHD has increased traditional media, social media, and web content to continue outreach and education.

The ACHHD’s outreach and education activities promote lead safety, regulatory compliance, and participation in ACHHD lead hazard control grant programs to property owners, property managers. The ACHHD coordinates lead poisoning prevention outreach activities with the City of Berkeley Public Health. ACHHD also currently provides lead-safe painting supplies kit to eligible property owners.

Outreach partners and locations for property owner presentations, staff trainings, and literature distribution have included the Berkeley Rent Stabilization Board and Permit Office, the Berkeley Housing Authority, Tool Lending Library, North Berkeley Senior Center, YMCA, Berkeley Property Owners Association, the East Bay Rental Housing Association which is in Oakland but serves Berkeley property owners, the Ecology Center, and local paint and hardware stores. The ACHHD participates in local collaborations and with partners including the Berkeley Tobacco Prevention Coalition, Bay Area Lead Programs, Berkeley Black Infant Health, Kerry’s Kids, Rebuilding Together East Bay North, Habitot, and the Safe Kids Coalition.

Actions planned to reduce the number of poverty-level families The City funds a wide variety of social service programs designed to assist households with poverty level incomes. These programs include childcare and a range of services for special needs populations, which are outlined in other sections of this Consolidated Plan. This section will highlight the City’s strategies to increase livable wage employment opportunities by supporting related community services and working with public and private regional partners. Strategies include:
• Funding and refinement of anti-poverty programs provided by community-based organizations and by the City. Federally funded community agency contracts are outlined in the Annual Action Plan. • Continue implementation of the City of Berkeley’s Living Wage Ordinance. • Foster regional coordination on economic development to benefit low income Berkeley residents.

711

City of Berkeley
Annual Action Plan
PY 2022
45 • The City of Berkeley Family Friendly and Environment Friendly Ordinance (BFFEFWO) allows workers to seek a flexible or alternative work arrangements with their employer to accommodate needs such as child or elder care as well as consideration for a modified schedule to reduce environmental impacts associated with traveling to and from work.
• The
City of Berkeley continues to serve as an integral partner for Berkeley’s 2020 Vision, a communitywide initiative that strives to eliminate racial disparities in academic achievement in Berkeley public schools. In the face of COVID-19
, the role of Berkeley’s 2020 Vision shifted to focus
on improving safety and equity among schools, child care and youth providers in the City of Berkeley. The City of Berkeley serves as a training and technical assistance hub for child- an d youth-
se
rving departments within the City and other child- a
nd youth-se
rving agencies and programs
throughout Berkeley.
• Li
nking homelessness and homelessness prevention programs, such as the coordinated entry system, to employment training and placement opportunities. The HRC has an employment position that primarily supports people who are literally homeless and in some cases people who were previously homeless but still receiving housing retention services. • The City has contracted with a number of workforce development programs to provide training, education and job placement for low income, under-employed, and unemployed residents:
o Inter-City Services provides employment, training, and education and continues to serve veterans as funded under the Governor’s 15% Discretionary pool of Workforce Investment Act (WIOA) funds.
o Biotech Partners operates the Biotech Academy at Berkeley High School, targeting youth from under-represented populations in the fields of science and technology (African American, Latino, South East Asian, and female and low-income youth) and who may be at risk of not graduating from high school.
o The Bread Project provides training in culinary arts and bakery production, and includes the formerly incarcerated as their target population. They operate a social enterprise (wholesale bakery) that creates opportunities for trainees to obtain crucial on-the-job experience. o Rising Sun Center for Opportunity (formerly known as Rising Sun Energy Center) Green Energy Training Services (GETS) provides pre-apprenticeship classroom and hands-on training in the Building and Construction trades which serves as a pathway for careers in construction including green and clean technologies. Rising Sun also operates the California Youth Energy Services (CYES) program funded by the CA Public Utilities Commission, providing summer jobs for youth conducting residential energy audits.
o Berkeley Youth Alternatives (BYA) receives WIOA funding through Alameda County Workforce Development Board (ACWDB) to provide workforce development services to in-school and out- of-school youth. The area of workforce development is a focus area for increased coordination, including establishing methods to maximize and leverage resources. BYA, utilizing city funds, provides training to disadvantaged youth in all aspects of park and landscape maintenance in addition to summer and after-school programs for children and youth.

712

City of Berkeley
Annual Action Plan
PY 2022
46 o UC Theatre Concert Careers Pathways (UCCCP) is a nine-month program for young people ages 17-25, providing workshops and paid internships for participants to learn all aspects of live music venue production.
• Continuing the City’s Local Hire policies which include the Community Workforce Agreement (CWA) between the City of Berkeley and the Building trades (created in 2011) which applies to publicly funded construction projects estimated at $500,000 or above, and, the First Source local hiring policy which applies to both public infrastructure projects estimated between $100,000 - $499,999 and private development over 7,500 square feet. develop the • The YouthWorks employment program continued its partnerships with City and nonprofit agencies. YouthWorks targets low income, at-risk youth and provides all youth with workplace skills training. City of Berkeley departments and local community agencies serve as worksites providing valuable work experience to Berkeley youth 14-25 years old. • The City’s Recreation Division of the Park, Recreation & Waterfront Department partners with the Berkeley Unified School District and YouthWorks on the Achievers Program, which provides leadership development, career exploration and peer-led tutoring. This program is also used as a stepping stone for entry into the City’s YouthWorks program. • Funded through the City’s Public Works Department, the Downtown Streets Team, a non-profit organization, homeless and low-income persons volunteer to beautify commercial districts while engaging in case management and employment services.

The City's anti-poverty strategy continues to be closely tied to the funding of approximately 50 community agencies to provide services as described above to enable people in poverty to attain self- sufficiency, support at-risk youth to succeed in school and graduate, and protect the health and safety of low-income people. The City also funds anti-poverty programs with general funds for job training and creation/job placement agencies.

Actions planned to develop institutional structure
During the next year, the City of Berkeley will continue to coordinate the housing and community services activities within the department through regular senior staff meetings and coordination on specific topics. The City’s Health & Human Services and its Housing Departments merged in PY12. Since that time, senior leadership of all Divisions meets weekly to share information on Division activities which promotes closer coordination. For example, in PY20, the senior leadership of each Division, facilitated by the City’s Homeless Services Coordinator, explored mechanisms to better coordinate housing, services, and public and mental health services. In PY21, Housing Community Services Division (HCS) increased its coordination with Berkeley Mental Health (BMH) and Aging Services (AS) Divisions to support people who were literally homeless and at risk if infected with COVID-19. This occurred through regular case conference meetings. The City’s Homeless Services Coordinator moved to the City Manager’s Office, resulting in increased outreach and service coordination between the HCS and the City Manager’s Neighborhood Services (NS) Division. This coordination among HCS, BMH, AS and NS

713

City of Berkeley
Annual Action Plan
PY 2022
47 Divisions will continue to support existing and new projects in PY22. The Division leadership will continue to seek opportunities to increase coordination during PY22.

Actions planned to enhance coordination between public and private housing and social service agencies
City staff will also continue to participate in the implementation of EveryOne Home, the countywide plan to end homelessness. EveryOne Home spearheads Alameda County’s Continuum of Care. Staff will continue to participate in the initiative’s Leadership Board, which includes most public funders of housing and homeless services in the county, as well as leadership from key community-based organizations. Leadership Board membership helps coordination efforts across the county. Staff also participates in other committees composed of other funders (such as Alameda County Behavioral Health Care Services, Social Services Agency, and the Office of Homeless Care and Coordination) as well as many community-based organizations.

Recent countywide collaboration efforts include the ongoing refinement of the Coordinated Entry System Project Roomkey hotels, and the issuance of Emergency Housing Voucher (EHV) to support permanent housing for Project Roomkey participants. The City will continue to work with County partners on CES efforts, EHV lease ups and other efforts that increase permanent housing opportunities.

Lastly, the City will continue to coordinate with the County, BHA and other partners to market landlord incentive programs to increase the portfolio of available private market units.

City staff continue to collaborate with service agencies, from legal advocacy assistance, to disability rights organizations for unit modifications, the VA for VASH vouchers, and the Berkeley Housing Authority (BHA) for Mainstream and Emergency Housing vouchers. Additionally, with Project-based voucher allocations and through work with owners of Below Market Rate units, BHA has partnered with both non-profit and for-profit developers of housing in Berkeley, to house those participating in our programs. In 2021 BHA received an allocation of 51 Emergency Housing Vouchers from HUD; City staff, and community/social services partners meet twice monthly to collaborate on the lease up of these vouchers for the formerly homeless, in Berkeley.

Discussion:

The majority of Berkeley’s activities furthering the goals of the Consolidated Plan are provided by community agency partners. This will continue to be the case in PY22.

714

City of Berkeley
Annual Action Plan
PY 2022
48 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $250,000
(anticipated)

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: $250,000
(anticipated)

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.

99.00%

715

City of Berkeley
Annual Action Plan
PY 2022
49 HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

The City of Berkeley uses no forms of investment other than ones described in §92.205(b).

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

No homeownership or tenant-based rental assistance activities are anticipated for PY22.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

No homeownership activities are anticipated for PY22.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City of Berkeley’s HTF Guidelines apply to any project using HOME funds to refinance existing debt. Per the Guidelines, Project owners submit funding requests to the City, or reply to the City’s Requests for Proposals for funding, with the following information, among other things:
a) As a condition precedent to funding, Owners must demonstrate an extension of affordability term. For new HOME funds invested in the Project, the minimum affordability term is the term required by 24 CFR 92 et seq., but, typically, the required extension of affordability is 55 years. b) As a condition precedent to funding, Owners must demonstrate that the refinancing preserves the affordable Project through rehabilitation.

1. Minimum rehab costs/unit must correspond to at least the value identified in a current physical needs assessment to ensure that the long-term needs of the Project can be met.

2. Typical rehab/unit costs are no less than $10,000/unit, the minimum rehab value required by the California Debt Limit Allocation Committee Regulations. c) Owners indicate if their refinancing request includes new construction that adds net new units to the Project
d) Owners provide extensive Project data, including audited financial statements, cash flows, rent

716

City of Berkeley
Annual Action Plan
PY 2022
50 rolls, services plans, PNAs, and rehabilitation proformas to demonstrate that:

1. The project is sound financially and disinvestment has not occurred

2. The long-term needs of the Project and residents will be met by the rehab

3. The proposed rehab is financially feasible, includes no barriers to refinancing existing mortgage loans, does not include the refinancing of any existing federal or federally-insured loans, and leverages other non-federal funds to the greatest extent possible

717

City of Berkeley
Annual Action Plan
PY 2022
51 Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (Attachment 3) The City’s standards for providing ESG assistance were updated in 2020. The most recent version was attached to the 2020 Consolidated PlanEach Annual Action Plan and any subsequent amendment notification and request for public comment is sent to the Homeless and Housing Advisory Commissions for comment and dissemination. Both the Homeless and Housing Advisory Commissions are comprised of nine Council appointed community members. . The Housing Advisory Commission advises Council on housing matters in Berkeley including the Commission overseeing and advising Council on both CDBG and ESG programs and funding allocations. Berkeley’s Homeless Commission advises City Council on homeless policy, program and funding recommendations and includes participation by people with lived expertise.

2. Describe performance standards for evaluating ESG.

The performance standards to be applied to ESG activities is attached as an image labeled Outcome Measures. These standards were developed in 2018 by EveryOne Home’s Results Based Accountability Committee, which includes City of Berkeley staff. his matrix presents outcome standards for each type of program in the Continuum of Care. Most were established as a percentage of the average outcomes achieved by all County programs (for example, the average permanent housing placement rate of all emergency shelters) and will be adjusted over time to ensure continued improvement.

Together Priority Home Partnership and the Housing Retention program make up the housing retention and rapid rehousing segment of the City’s continuum of services. The City will continue to work with EveryOne Home and community agencies to ensure that prevention and rapid rehousing funds are fully utilized and play an important role in ending homelessness in Berkeley.

Note: See Attachment 3 for Systemwide Performance Targets for Rapid Re-Housing Services

718

City of Berkeley
Annual Action Plan
PY 2022
52 Attachments
Estimated Allocations – Attachment 1

719

City of Berkeley
Annual Action Plan
PY 2022
53 Attachment 2
Insert public notices in all three languages and proof of publication in Berkeley Voices

720

City of Berkeley
Annual Action Plan
PY 2022
54 PY21 City of Berkeley Annual Action Plan
Summary of Citizen Participation Outreach & Comments
Including the April 26, 2022 Virtual Public Hearing

Meeting Type Mode of Outreach Target of
Outreach
Summary of
Response/
Attendance
Summary of
Comments
Received
Summary of
Comments
Not Accepted
and Reasons

March 3, 2022
Public Meeting – Housing
Advisory Commission
Commission website
General Public

TBD persons in
attendance
and one public
comment on
the Annual
Action Plan.

TBD

TBD
City of Berkeley
Community Calendar

April 26, 2022
Virtual Public Hearing
Newspaper posting in
Berkeley Voice on
March 25, 2022
General Public Several written
comments
received via
email.

TBD persons in
attendance at
the April 26,
2022 Berkeley
City Council
hosted virtual
Public Hearing.

Emailed comments
included: TBD
TBD members of
the public spoke at
the April 26, 2022
public hearing on
the PY22 Annual
Action Plan in front
of the City Council.

Comments from
the public and
Council discussion
included: TBD

All comments
were
accepted
and/or
addressed
and will
remain
recorded in
this report
should
additional
HUD funds
become
available for
public
services and
housing.

None of the
comments
received
resulted in
changes to
City of Berkeley
Community Calendar
General Public
Electronic flyer email
distribution on April 6,
2022
City of Berkeley
Libraries
Electronic flyer email
distribution on April 6,
2022
City of Berkeley
Commissions
Electronic flyer email
distribution on April 6,
2022
EveryOne Home
– Alameda
County
Homeless
Continuum of
Care
Electronic flyer email
distribution on April 6,
2022
Local Businesses
Electronic flyer email
distribution on April 6,
Local Affordable
Housing

721

City of Berkeley
Annual Action Plan
PY 2022
55 &
public noticing
2022 Developers the Plan.

Electronic flyer email
distribution on April 6,
2022
Faith-based
Organizations
Flyers mailed to BHA
week of TBD, 2022
Public Housing
Residents
Electronic flyers
distributed to
Recreation Centers on
April 6, 2022
South & West
Berkeley
Electronic flyers
distributed to
Affordable Housing
Development on April
6, 2022
Residents of
Affordable
Housing
Electronic flyers
distributed to over 50
non-profit agencies
serving low-income
people on April 6,
2022
Low-income
Population,
including seniors
and persons
with disabilities
Electronic flyers at two
Berkeley Senior
Centers on April 6,
2022
Seniors
TBD, 2022 notice of
public hearing
released through City’s
Public Information
Office including email
distribution list, news
webpage, Nextdoor,
and Twitter.

General public

722

City of Berkeley
Annual Action Plan
PY 2022
56 Attachment 3

723
Proj. # Agency Project Name PY22 Allocation
1 Center for Independent Living Residential Access 159,660$ 2 Habitat for Humanity Housing Rehabilitation Grant Program 250,000$ 3 HHCSD* Loan Services 70,008$
4 HHCSD Senior and Disabled Rehab Program 358,048$
5 HHCSD Rehab Loans 150,000$
6 HHCSD Housing Development: M/F Rehab 488,341$
Subtotal Housing Projects 1,476,057$
7 Bay Area Community Services Coordinated Entry System 248,419$ 8 Berkeley Food and Housing Project Men's Overnight Shelter 170,502$ 9 Eden Housing for Hope and Opportu Fair Housing 35,000$ Subtotal Public Services Projects 453,921$
10 HHCSD Public Facility Improvements 152,908$
11 HHCSD PY22 Public Facility Improvement Program 505,008$

11.a Fred Finch Turning Point Facility** 377,404$

11.b Funds available for NOFA 127,604$
Subtotal Public Facilities Projects 657,916$
12 HHCSD CDBG Planning and Administration 584,474$
Subtotal Planning & Admin Projects 584,474$
***GRAND TOTAL ALL CDBG PROJECTS 3,172,368$
ESG
13 BACS Rapid Re-Housing Project 69,219.01$
14 BACS Emergency Shelter and Street Outreach 140,113.80$ 15 HHCSD Homeless Management Information System 6,676.00$ 16 HHCSD Program Planning and Administration 17,514.20$ GRAND TOTAL ALL ESG PROJECTS 233,523.00$
HOME
17 HHCSD HOME Administration 77,481$
18 CHDO Operating Funds CHDO Operating Funds 30,000$
19 HHCSD Housing Trust Fund 667,332$
****GRAND TOTAL ALL HOME PROJECTS 774,813$
Notes:
****Assumes $20,000 in Program Income
Attachment 1
Annual Action Plan for PY22 (FY23)
City of Berkeley CDBG, ESG and HOME Projects for 7/1/2022 - 6/30/2023 CDBG
* HHCSD = City of Berkeley Health, Housing & Community Services Department ***Assumes $250,000 in Program Income and $250,000 in unused carry over funds. If additional funds become available they will be added to line 11.b, Community Facility Improvement Program NOFA
**An additional 10% may be added to the Fred Finch Turning Point Facility as long as the remaining funds for the Public Facility NOFA are at least $100,000.

724

City of Berkeley

Emergency Solutions Grant
Policies and Procedures Manual
with ESG-CV Addendum

725
City of Berkeley ESG Policies and Procedures
ESG Policies and Procedure Manual
Table of Contents

Introduction
Interim Guidelines ............................................................................................................................................. 2 Structure of the Manual .................................................................................................................................... 2-3 Program Manual ................................................................................................................................................... 4-29 Section I: Street Outreach ............................................................................................................................ 3-6 Eligible Uses and Costs ....................................................................................................................... 5 Beneficiaries ....................................................................................................................................... 6-7 Section II: Emergency Shelter ....................................................................................................................... 8 Eligible Beneficiaries… ......................................................................................................................... 8 Eligible Uses and Costs ........................................................................................................................ 8-12 Client Documentation ......................................................................................................................... 12-13 Section III: Homeless Prevention and Rapid Rehousing ………..………………………..………………………………………… 1: Participant Eligibility …………………………………………………..………………………………………………………………………………… … 14
14 Eligibility for Rapid Rehousing ........................................................................................................................... 14 Eligibility for Prevention Assistance ................................................................................................................... 15 Eligibility Determination .................................................................................................................................... 15 2: Enrollment ..........................................................……………………………………………………………………………………………… Budget and Housing Stability Plan ………………………………………..………………………………………………………………… 3: Financial Assistance for Housing …………………………………………………………………………………………………………………… 16 16
16-17
Eligible Financial Assistance Expenses .............................................................................................................. 16 Determining the Amount of Financial Assistance .............................................................................................. 17 4: Supportive Services and Connection to Mainstream Resources ........................................................................ 18 Links to Mainstream S ervices............................................................................................................................ 19 Legal Services ..................................................................................................................................................... 19 5: Housing Unit Requirements ............................................................................................................................... 20 A. Rent Reasonableness and Compliance with Fair Market Rent .................................................................. 20 Housing Inspection ............................................................................................................................................ 20 Rental Assistance Agreement ………………………………………....………………………………………………………………… 21 6: Three Month Reassessment of Eligibility ........................................................................................................... 21-22 7: Termination of Housing Assistance or Program Participation ............................................................................. 22-23 Grievances and Appeals ……………………………………………....………………………………………………………………………… .. 23 8: Program Exit ...................................................................................................................................................... 23 Section IV: Housing Management Information System (HMIS) ........................................................................ 24 Eligible Costs ........................................................................................................................................ 24 Section V: Administration …………………………………………….…………………………………………………………………………… Eligible Costs ………………… … …………………… ………………… … …………………… ………………… … …………………… …. . 25-26
25 Sharing Requirements ......................................................................................................................... 26 Section VI: Monitoring of Subrecipients………………………………….……………………………………………………… ……….. ...

Monitoring Visits………………………………………………………………………………………………………………………… Follow-up Monitoring Report …………………………………………………………………………………… ……………….

9. ESG-CV Shelter Addendum …………………………………………………………………………………………………………… .. 27-29
28 29
30 Appendix of Forms and Documents ........................................................................................................................ 32 ESG Client File Document Check List ……………………………………….………………………………………………………………….….

ESG Application for Assistance and Eligibility Determination Form ………………………….…………………………… ….. …… ESG Program Participation Agreement ……………………………………..……………………………………………………………… ….… Sample Budgeting W orksheet ……………………… ………………………………………………………………………………………… ……....

ESG Housing Stability Plan ……………………………………………...……………………………………………………………………… … ….… ESG Financial Assistance Calculation Form ……………………………………..………………………………………………………………...

Rent Reasonableness and FMR Certification ………………………………………………………………………………………… ………...

Habitability Standards Inspection Form …………………………………………………………………………………………………… …... … Rental Assistance Agreement Letter …………………………………….………………………………………………………………………....

Three Month Reassessment of Eligibility ………………………………………………………………………………………………… ……. ..