Berkeley City Council
September 29, 2022

22 742 Grayson/Berkeley Lease-10
a. the vacation or abandonment of the Premises by Tenant. " Abandonment" is herein defined to include, but is not limited to, any absence by Tenant from the Premises for five (5) business days or longer while in default of any other provision of this Lease; b. the failure by Tenant to make any payment of Rent, Additional Rent or any other payment required to be made by Tenant hereunder, where such failure continues for five (5) days after written notice thereof from Landlord that such payment was not received when due; provided that if Landlord provides two (2) or more notices of late payment within any twelve (12) month period, then the third failure of Tenant to make any payment of Rent or any other payment required to be made by Tenant hereunder when due in the twelve (12) month period following the second (2 nd) such notice shall be an automatic Default without notice from Landlord; or c. the failure by Tenant to observe or perform any of the express or implied covenants or provisions of this Lease to be observed or performed by Tenant, other than as specified in Sections 22.1(a) or (b) above, where such failure shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that it may be cured but more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within said thirty (30 ) day period and thereafter diligently prosecute such cure to completion, which completion shall occur not later than sixty (60) days from the date of such notice from Landlord.

Any notice sent by Landlord to Tenant pursuant to this Section 22.1 shall be in lieu of, and not in addition to, any notice required under any applicable Law.

ARTICLE 23 - REMEDIES OF LANDLORD

23.1 Landlord's Remedies; Termination . In the event of any such Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity (including, without limitation, the remedies of Civil Code Section 1951.4 and any succ essor statute or similar Law, which provides that Landlord may continue this Lease in effect following Tenant's breach and abandonment and collect rent as it falls due, if Tenant has the right to sublet or assign, subject to reasonable limitations), Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder and to re -enter the Premises and remove all persons and property from the Premises, in accordance with applicable laws governing such repossession ; such property may be removed, stored and/or disposed of as permitted by applicable Law. If Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: (a) the worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (b) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonabl y avoided; plus (c) the worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (d) any other amount n ecessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: the tota l unamortized sum of any Abated Amount (amortized on a straight line basis over the initial Term of this Lease), tenant improvement costs; attorneys' fees; brokers' commissions; any costs required to return the Premises to the conditioned required at the end of the Term; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, Alterations, Tenant Improvements and any other items which Tenant is required under this Lease to remove but does not remove; plus (e) all other monetary damages allowed under applicable Law.

Exhibit A - Page 24 of 51

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As used in Sections 23.1(a) and 23.1(b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate set forth in the Summary. As used in Section 23.1 (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). To the extent the Premises are located in California, Tenant hereby waives for Tenant and all those claiming under Tenant all right now or hereafter existing including, without limitation, any rights under California Code of Civil Procedure Sections 1174 and 1179 and Civil Code Section 1950.7 to redeem by order or judgment of any court or by any legal process or writ, Tenant's right of occupancy of the Premises after any termination of this Lease.

23.2 Landlord's Remedies; Continuation of Lease; Re -Entry Rights. In the event of any such Default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall also have the right to (a) continue this Lease in effect after Tenant's breach and abandonment and recover Rent as it becomes due, and (b) with or without terminating this Lease, to re - enter the Premises and remove all persons and property from the Premises, in accordance with applicable laws governing such repossession; such property may be removed, stored and/or disposed of as permitted by applicable Law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section

23.2, and no acceptance of surrender of the Premises or other action on Landlord's part, shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. No notice from Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Landlord to terminate this Lease unless such notice specifically so states. Notwithstanding any reletting without termination by Landlord because of any Default, Landlord may at any time after such reletting elect to terminate this Lease for any such Default.

23.3 Landlord's Right to Perform . Except as specifically provided otherwise in this Lease, all covenants and agreements by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement or offset of Rent. In the event of any Default by Tenant, Landlord may, without waiving or releasing Tenant from any of Tenant's obligations, make such payment or perform s uch other act as required to cure such Default on behalf of Tenant. All sums so paid by Landlord and all necessary incidental costs incurred by Landlord in performing such other acts shall be payable by Tenant to Landlord within five (5) days after demand therefor as Additional Rent.

23.4 Rights and Remedies Cumulative . All rights, options and remedies of Landlord contained in this Article 23 and elsewhere in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Landlord shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law or in equity, whether or not stated in this Lease. Nothing in this Article 23 shall be deemed to limit or otherwise affect Tenant's indemnification of Landlord pursuant to any provision of this Lease.

23.5 Costs Upon Default and Litigation. Tenant shall pay to Landlord and its Mortgagees as Additional Rent all the expenses incurred by Landlord or its Mortgagees in connection with any default by Tenant hereunder or the exercise of any remedy by reason of any default by Tenant hereunder, including reasonable attorneys' fees and expenses. If Landlord or its Mortgagees shall be made a party to any litigation commenced against Tenant by any third party or any litigation by a third party pertaining to the contemplated use of the Premises as a homeless shelter , at the option of Landlord and/or its Mortgagees, Tenant, at its expense, shall provide Landlord and/or its Mortgagees w ith counsel approved by Landlord and/or its Mortgagees and shall pay all costs incurred or paid by Landlord and/or its Mortgagees in connection with such litigation.

Exhibit A - Page 25 of 51

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ARTICLE 24 - ENTRY BY LANDLORD
Landlord and its employees and agents shall at all reasonable times have the right to enter the Premises to inspect the same, to supply any service required to be provided by Landlord to Tenant under this Lease, to exhibit the Premises to prospective lenders or purchasers (or during the last year of the Term or during any default by Tenant, to prospective tenants), to post notices of non-responsibility, to conduct any examination, study or test at the Premises, whether invasive or non-invasive, and/or to alter, improve or repair the Premises or any other portion of any Building or Property, all as determined by Landlord in its discretion, without being deemed guilty of or liable for any breach of Landlord's covenant of quiet enjoyment or any eviction of Tenant, and without abatement of Rent. In exercising such entry rights, Landlord shall endeavor to minimize, to the extent reasonably practicable, the interference with Tenant's business, and shall provide Tenant with a minimum of twenty -four (24) hours advance written notice of such entry (except in emergency situations and for scheduled services). For each of the foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises.

ARTICLE 25 - LIMITATION ON LANDLORD’S LIABILITY
Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including as to any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord's members or partners, and Tenant shall not seek recourse against the individual members, managers, investors, partners, directors, officers, or shareholders of Landlord or Landlord's members or partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Landlord), shall be limited solely to, and Tenant's and its successors' and assigns' sole and exclusive remedy shall be against, Landlord's interest in the Building, and no other assets of Landlord.

The term "Landlord" as used i n this Lease, so far as covenants or obligations on the part of the Landlord are concerned, shall be limited to mean and include only the owner or owners, at the time in question, of the fee title to, or a lessee's interest in a ground lease of, the Proper ty. In the event of any transfer or conveyance of any such title or interest (other than a transfer for security purposes only), the transferor shall assume all covenants and obligations on the part of Landlord contained in this Lease that accrue from and after the effective date of such transfer. Landlord and Landlord's transferees and assignees shall have the absolute right to transfer all or any portion of their respective title and interest in the Premises, the Building, the Property and/or this Lease without the consent of Tenant, and such transfer or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and conditions of this Lease.

ARTICLE 26 - SUBORDINATION
Tenant accepts this Lease subject and subordinate to any mortgage (s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage").

This clause shall be self -operative, but no later than ten (10) business days after written request from Landlord or any holder of a Mortgage (each, a "Mortgagee" and collectively, "Mortgagees"), Tenant shall execute a commercially reasonable subordination agreement. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. No later than ten (10) business days after written request by Landlord or any Mortgagee, Tenant shall, without charge, attorn to any successor to Landlord’s Exhibit A - Page 26 of 51

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interest in this Lease. Tenant hereby waives its rights under any current or future Law which gives or purports to give Tenant any right to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event of any such foreclosure proceeding or sale. Should Tenant fail to sign and return any such documents within said ten (10) business day period, Tenant shall be in default hereunder.

ARTICLE 27 - ESTOPPEL CERTIFICATE
Within ten (10) business days following Landlord's written request, Tenant shall execute and deliver to Landlord an estoppel certificate, in a form substantially similar to the form of Exhibit D attached hereto. Any such estoppel certificate delivered pursuant to this Article 27 may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of any portion of the Property, as well as their assignees. Tenant's failure to deliver such estoppel certificate following an additional two (2) business day cure period after notice shall constitute a default hereunder. Tenant's failure to deliver such certificate within such time shall be conclusive upon Tenant that this Lease is in full force and effect, without modification except as may be represented by Landlord, that there are no uncured defaults in Landlord's performance, and that not more than one (1) month's Rent has been paid in advance.

ARTICLE 28 - Intentionally Deleted
ARTICLE 29 - MORTGAGEE PROTECTION
If, in connection with Landlord's obtaining or entering into any financing or ground lease for any portion of the Building or Property, the lender or ground lessor shall request modifications to this Lease, Tenant shall, within thirty (30) days after request therefor, execute an amendment to this Lease including such modifications, provided such modifications are reasonable, do not increase the obligations of Tenant hereunder, decrease the useable floor area of the Premises or the Property, eliminate any parking spaces, or adversely affect the leasehold estate created hereby or Tenant's rights hereunder. In the event of any default on the part of Landlord, Tenant will give notice by registered or certified mail to any beneficiary of a deed of trust or mortgagee covering the Premises or ground lessor of Landlord whose address shall have been furnished to Tenant, and shall offer such beneficiary, mortgagee or ground lessor a reasonable opportunity to cure the default (including with respect to any such beneficiary or mortgagee, time to obtain possession of the Premises, subject to this Lease and Tenant's rights hereunder, by power of sale or judicial foreclosure, if such should prove necessary to effect a cure).

ARTICLE 30 - QUIET ENJOYMENT
Landlord covenants and agrees with Tenant that, upon Tenant performing all of the covenants and provisions on Tenant's part to be observed and performed under this Lease (including payment of Rent hereunder), Tenant shall have the right to use and occupy the Premises in accordance with and subject to the terms and conditions of this Lease as against all persons claiming by, through or under Landlord, subject to Landlord’s right to conduct any examination, study or test at the Premises as provided in this Lease. This covenant shall be binding upon Landlord and its successors only during its or their respective periods of ownership of the Building.

ARTICLE 31 - MISCELLANEOUS PROVISIONS

31.1 Broker. Tenant represents that it has not had any dealings with any real estate broker, finder or intermediary with respect to this Lease. Tenant shall indemnify, protect, defend (by counsel reasonably approved in writing by Landlord) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, losses, liabilities and expenses (including attorneys' Exhibit A - Page 27 of 51

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fees and court costs) resulting from any breach by Tenant of the foregoing representation, including, without limitation, any claims that may be asserted against Landlord by any broker, agent or finder undisclosed by Tenant herein. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

31.2 Governing Law. This Lease shall be governed by, and construed pursuant to, the laws of the state of California . Venue for any litigation between the parties hereto concerning this Lease or the occupancy of the Premises shall be initiated in the county in which the Premises are located. Tenant shall comply with all governmental and quasi-governmental laws, ordinances and regulations applicable to the Building, Property and/or the Premises, and all rules and regulations adopted pursuant thereto and all covenants, conditions and restrictions applicable to and/or of record against the Building, Property and/or the Land (individually, a "Law" and collectively, the "Laws").

31.3 Successors and Assigns. Subject to the provisions of Article 25 above, and except as otherwise provided in this Lease, all of the covenants, conditions and provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, personal representatives and permitted successors and assigns; provided, however, no rights shall inure to the benefit of any Transferee of Tenant unless the Transfer to such Transferee is made in compliance with the provisions of Article 20, and no options or other rights which are expressly made personal to the original Tenant hereunder or in any exhibit attached hereto shall be assignable to or exercisable by anyone ot her than the original Tenant under this Lease.

31.4 No Merger. The voluntary or other surrender of this Lease by Tenant or a mutual termination thereof shall not work as a merger and shall, at the option of Landlord, either (a) terminate all or any existing subleases, or (b) operate as an assignment to Landlord of Tenant's interest under any or all such subleases.

31.5 Professional Fees. If either Landlord or Tenant should bring suit (or alternate dispute resolution proceedings) against the other with respect to this Lease, including for unlawful detainer, forcible entry and detainer, or any other relief against the other hereunder, then all costs and expenses incurred by the prevailing party therein (including, without limitation, its actual appraisers', accountants', attorneys' and other professional fees, expenses and court costs), shall be paid by the other party, including any and all costs incurred in enforcing, perfecting and executing such judgment and all reasonable costs and attorneys’ fees associated with any appeal.

31.6 Waiver. The waiver by either party of any breach by the other party of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant and condition herein contained, nor shall any custom or practice which may become established between the parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of any party to insist upon the performance by the other in strict accordance with said terms. No waiver of any default of either party hereunder shall be implied from any acceptance by Landlord or delivery by Tenant (as the case may be) of any Rent or other payments due hereunder or any omission by the non- defaulting party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect defaults other than as specified in said waiver.

31.7 Terms and Headings. The words "Landlord" and "Tenant" as used herein shall incl ude the plural as well as the singular. Words used in any gender include other genders. The Article and Section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. Any deletion of language from this Lease prior to its execution by Landlord and Tenant shall not be construed to raise any presumption, canon of construction or implication, including, without limitation, any implication that the parties intended thereby to state the converse of the deleted language. The parties hereto acknowledge and agree that each has participated in the negotiation Exhibit A - Page 28 of 51

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and drafting of this Lease; therefore, in the event of an ambiguity in, or dispute regarding the interpretation of, this Lease, the interpretation of this Lease shall not be resolved by any rule of interpretation providing for interpretation against the party who caused the uncertainty to exist or against the draftsman.

31.8 Time. Time is of the essence with respect to performance of every provision of this Lease in which time or performance is a factor.

31.9 Business Day. A "business day" is Monday through Friday, excluding holidays observed by the United States Postal Service and reference to 5:00 p.m. is to the time zone of the recip ient.

Whenever action must be taken (including the giving of notice or the delivery of documents) under this Lease during a certain period of time (or by a particular date) that ends (or occurs) on a non-business day, then such period (or date) shall be extended until the immediately following business day.

31.10 Payments and Notices. All Rent and other sums payable by Tenant to Landlord hereunder shall be paid to Landlord at the address designated in the Summary, or to such other persons and/or at such other places as Landlord may hereafter designate in writing. Any notice required or permitted to be given hereunder must be in writing and may be given by personal delivery (including delivery by nationally recognized overnight courier or express mailing service), or by registered or certified mail, postage prepaid, return receipt requested, or by email, addressed to Tenant and Dorothy Day House at the address(es), or if applicable the email address es, designated in the Summary, or to Landlord at the address(es), or if applicable the email address, designated in the Summary. Either party may, by written notice to the other, specify a different address for notice purposes. Notice given in the foregoing manner shall be deemed given (i) upon confirmed transmission if sent by e -mail transmission, provided sender does not receive a “undeliverable” notification and provided such transmission is prior to 5:00 p.m. on a business day (if such transmission is after 5:00 p.m. on a business day or is on a non-business day, such notice will be deemed given on the following business day), (ii) when actually received or refused by the party to whom sent if delivered by a carrier or personally served or (iii) if mailed, on the day of actual delivery or refusal as shown by the certified mail return receipt or the expiration of three (3) business days after the day of mailing, whichever first occurs.

31.11 Prior Agreements; Amendments. This Lease, including the Summary and all Exhibits attached hereto, contains all o f the covenants, provisions, agreements, conditions and understandings between Landlord and Tenant concerning the Premises and any other matter covered or mentioned in this Lease, and no prior agreement or understanding, oral or written, express or implied, pertaining to the Premises or any such other matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. The parties acknowledge that all prior agreements, representations and negotiations are deemed superseded by the execution of this Lease to the extent they are not expressly incorporated herein.

31.12 Separability. The invalidity or unenforceability of any provision of this Lease shall in no way affect, impair or invalidate any other provision hereof, and such other provisions shall remain valid and in full force and effect to the fullest extent permitted by law.

31.13 Recording. Neither Landlord nor Tenant shall record this Lease or a short form memorandum of this Lease.

31.14 Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent payment herein stipulated shall be deemed to be other than on account of the Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy provided in this Lease.

Exhibit A - Page 29 of 51

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Tenant agrees that each of the foregoing covenants and agreements shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by any statute or at common law.

31.15 Intentionally Deleted.

31.16 No Partnership. Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with Tenant by reason of this Lease.

31.17 Force Majeure. If either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock- outs, labor troubles, inability to procure materials, failure of power, governmental moratorium or other governmental action or inaction (including, without limitation, failure, refusal or delay in issuing permits, approvals and/or authorizations), injunction or court order, riots, insurrection, war, terrorism, bioterrorism, fire, earthquake, inclement weather including rain, flood or other natural disaster or other reason of a like nature not the fault of the party delaying in performing work or doing acts required under the terms of this Lease (but excluding delays due to financial inability) (herein collectively, "Force Majeure Delay(s) "), then performance of such act shall be excused for the period of such Force Majeure Delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section 31.17 shall not apply to nor operate to excuse Tenant from the payment of Monthly Base Rent, or any Additional Rent or any other payments strictly in accordance with the terms of this Lease or to extend the Term or remain in possession after the scheduled expiration or sooner termination of the Term.

31.18 Counterparts. This Lease may be executed in one or more counterparts, each of which shall constitute an original and all of which shall be one and the same agreement. Signatures and initials required in this document may be executed via “wet” original handwritten signature or initials, or via electronic signature or mark, which shall be binding on the parties as originals, and the executed signature pages may be delivered using pdf or similar file type transmitted via electronic mail, cloud based server, e-signature technology or other similar electronic means, and any such transmittal shall constitute delivery of the executed document for all purposes of this Lease.

31.19 Tenant's Authority. If Tenant executes this Lease as a partnership, corporation or limited liability company, then Tenant and the persons and/or entities executing this Lease on behalf of Tenant represent and warrant that: (a) Tenant is a duly organized and existing partnership, corporation or limited liability company, as the case may be, and is qualified to do business in the state in which the Building is located; (b) such persons and/or entities executing this Lease are duly authorized to execute and deliver this Lease on Tenant's behalf; and (c) this Lease is binding upon Tenant in accordance with its terms.

Tenant shall provide to Landlord a copy of any documents reasonably requested by Landlord evidencing such qualification, organization, existence and authorization within ten (10) days after Landlord's request.

Tenant represents and warrants to Landlord that Tenant is not, and the entities or individuals constituting Tenant or which may own or control Tenant or which may be owned or controlled by Tenant are not, (i) in violation of any Laws relating to terrorism or money laundering, or (ii) among the individuals or entities identified on any list compiled pursuant to Executive Order 13224 for the purpose of identifying suspected terrorists or on the most current list published by the U.S. Treasury Department Office of Foreign Assets Control at its official website, http://www.treas.gov/ofac/tllsdn.pdf or any replacement website or other replacement official publication of such list.

31.20 No Option. The submission of this Lease for examination or execution by Tenant does not constitute a reservation of or option for the Premises and this Lease shall not become effective as a Lease until the final lease has been approved by any and all Mortgagee(s) and it has been executed by Landlord and delivered to Tenant.

Exhibit A - Page 30 of 51

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31.21 Options and Rights in General . Any option (each an “ Option” and collectively, the “Options”), including without limitation, any option to extend, option to terminate, option to expand, right to lease, right of first offer, and/or right of first refusal, granted to Tenant is personal to the original Tenant executing this Lease or a Permitted Transferee and may be exercised only by the original Tenant executing this Lease while occupying the entire Premises and without the intent of thereafter assigning this Lease or subletting the Premises or a Permitted Transferee and may not be exercised or be assigned, voluntarily or involuntarily, by any person or entity other than the original Tenant executing this Lease or a Permitted Transferee. The Options, if any, granted to Tenant under this Lease are not assignable separate and apart from this Lease, nor may any Option be separated from this Lease in any manner, either by reservation or otherwise. Tenant will have no right to exercise any Option, notwithstanding any provision of the grant of option to the contrary, and Tenant’s exercise of any Option may be nullified by Landlord and deemed of no further force or effect, if (i) Tenant is in default under the terms of this Lease (or if Tenant would be in such default under this Lease but for the passage of time or the giving of notice, or both) as of Tenant’s exercise of the Option in question or at any time after the exercise of any such Option and prior to the commencement of the Option event, (ii) Tenant has sublet all or more than fifty percent (50%) of the Premises except pursuant to a Permitted Transfer, (iii) Landlord has given Tenant two (2) or more notices of default, whether or not such defaults are subsequently cured, during any twelve (12) consecutive month period of this Lease, or (iv) if in Landlord’s reasonable determination Tenant’s financial condition is not equal to or greater than Tenant’s financial condition as reported by Tenant to Landlord in connection with and as of the execution date of this Lease by Tenant . Each Option granted to Tenant, if any, is hereby deemed an economic term which Landlord, in its sole and absolute discretion, may or may not offer in conjunction with any future extensions of the Term.
[NO FURTHER TEXT ON THIS PAGE; SIGNATURES ON FOLLOWING PAGE]

Exhibit A - Page 31 of 51

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IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed the date first above written.

TENANT: City of Berkeley
a municipal corporation

By: ____________________
Name: ____________________
Its: ____________________

LANDLORD: 742 Grayson Owner LLC,
a Delaware limited liability company

By: ____________________
Name: ____________________
Its: ____________________

Exhibit A - Page 32 of 51

897396.04/OC
224944-00009/5-25-11//mpp -1-

EXHIBIT A – SITE PLAN OF THE PROPERTY

This Exhibit is intended only to show the general outline of the Property, as reflected in the outlined below as “Adjusted Parcel 1.” It is not to be scaled; any measurements or distances shown should be taken as approximate.

Exhibit A - Page 33 of 51

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EXHIBIT B

NOTICE OF LEASE TERM DATES
Date:

To:

Re: ________________ dated ________________ (“ Lease”) by and between 742 Grayson Owner LLC, a Delaware limited liability company (“Landlord”) and the City of Berkeley, a municipal corporation (“Tenant”) for the premises commonly known as 742 Grayson Street, Berkeley, California (“Premises”).

Dear:

In accordance with the above-referenced Lease, we wish to advise and/or confirm as follows:
• That Tenant has accepted and is in possession of the Premises and acknowledges the following:
• Term of the Lease:
• Commencement Date:
• Expiration Date:

That in accordance with the Lease, rental payments will/has commence(d) on _________ and rent is payable in accordance with the following schedule:
• Rent is due and payable in advance on the first day of each and every month during the Term of the Lease.

ACCEPTED AND AGREED:

TENANT: City of Berkeley,
a Municipal corporation

By: ____________________
Name: ____________________
Its: ____________________

LANDLORD: 742 Grayson Owner LLC,
a Delaware limited liability company

By: ____________________
Name: ____________________
Its: ____________________

Exhibit A - Page 34 of 51

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EXHIBIT C

RULES AND REGULATIONS

1. Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises. No awnings or other projection shall be attached to the outside walls of the Building without the prior written consent of La ndlord. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises, other than Building standard materials, without the prior written consent of Landlord.

2. Tenant and no employee, invitee, agent, licensee or contractor of Tenant shall go upon or be entitled to use any portion of the roof of the Building without the prior written consent of Landlord.

3. Landlord shall not in any way be responsible to Tenant for loss of property on the Premises, however occurring, or for any damage to Tenant’s property by any janitors or any other employee or any other person.

4. Landlord will furnish Tenant, free of charge, with two keys to each door lock in the Premises.

Landlord may impose a rea sonable charge for any additional keys. Tenant may not make or have made additional keys, and Tenant shall not alter any lock or install a new additional lock or bolt on any door or window of its Premises. Tenant, upon termination of its tenancy, shall deliver to Landlord the keys of all doors which have been furnished to, or otherwise procured by Tenant, and, in the event of loss of any keys, shall pay Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.

5. Intentionally Deleted.

6. Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by Law. Landlord shall have the right to prescribe the weight of all equipment, materials, furniture or other property brought into the Building.

Heavy objects, if such objects are considered necessary by Tenant, as determined by Landlord, shall stand on such platforms as determined by Landlord to be necessary to properly distribute the weight. Business machines and mechanical equipment which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord, shall be placed and maintained by Tenant, at Tenan t’s expense, on vibration eliminators or other devices sufficient to eliminate noise or vibration. Landlord will not be responsible for loss of, or damage to, any such equipment or other property from any cause, and all damage done to the Building by maintaining or moving such equipment or other property shall be repaired at the expense of Tenant.

7. Tenant shall not use or keep in the Premises any kerosene, gasoline or inflammable or combustible fluid or material other than those limited quantities necess ary for the operation or maintenance of office equipment. Tenant shall not use or permit to be used in the Premises any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord by reason of noise, odors or vibrations, nor shall Tenant bring into or keep in or about the Premises any birds or animals.

8. Tenant shall not use any method of heating or air -conditioning other than that supplied to the Premises by Landlord, with the exception of space heaters inside the Building and propane heaters outside the Building.

9. Intentionally Deleted.

Exhibit A - Page 35 of 51

2 742 Grayson/Berkeley Lease-10

10. The toilet rooms, toilets, urinals, wash bowls and other apparatus, including any portable bathrooms and showers, shall not be used for any purpose other than that for which they were constructed, and no foreign substances of any kind whatsoever shall be thrown therein.

11. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building without the prior written consent of Landlord.

12. Except as expressly permitted in the Lease, Tenant shall not mark, drive nails, screw or drill into the partitions, window mullions, woodwork or drywall, or in any way deface the Premises or any part thereof, except to install normal wall hangings. Tenant shall repair any damage resulting from noncompliance under this rule.

13. Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. All garbage and refuse disposal shall be made in accordance with directions reasonably issued from time to time by Landlord.

14. No cooking shall be done or permitted by Tenant on the Premises, except tha t use by Tenant of Underwriters’ Laboratory-approved equipment for brewing coffee, tea, hot chocolate and similar beverages shall be permitted and the use of a microwave shall be permitted, provided that such equipment and use is in accordance with all applicable federal, state, county and city laws, codes, ordinances, rules and regulations. Notwithstanding the above, cooking within RVs outside the Building shall be permitted.

15. Tenant shall not use in any space any hand trucks or forklifts except those equipped with rubber tires and side guards, or such other material -handling equipment as Landlord may approve. Tenant shall not bring any other vehicles of any kind into the Building.

16. Tenant shall not use the name of the Building in connection with, or in promoting or advertising, the business of Tenant, except for Tenant’s address.

17. Tenant assumes any and all responsibility for protecting its Premises from theft, robbery and pilferage. Such responsibility shall include keeping doors locked and other means of entry to the Premises closed.

18. Landlord reserves the right to make such other and reasonable non- discriminatory Rules and Regulations as, in its judgment, may from time to time be needed for safety, security, care and cleanliness of the Building or Property and for the preservation of good order therein, provided that said Rules do not materially and adversely affect Tenant’s Permitted Use of the Premises and shall be provided to Tenant at least fifteen (15) days prior to enactment. Tenant ag rees to abide by all such Rules and Regulations hereinabove stated and any additional rules and regulations which are adopted.

19. Tenant shall not lay linoleum, tile, carpet or other similar floor covering so that the same shall be affixed to the floor of the Premises in any manner except by a paste, or other material which may easily be removed with water, the use of cement or other similar adhesive materials being expressly prohibited. The method of affixing any such linoleum, tile, carpet or other simi lar floor covering shall be subject to the approval of Landlord. The expense of repairing any damage resulting from a violation of this rule shall be borne by Tenant.

20. Tenant shall not without Landlord’s consent, which may be given or withheld in Landl ord’s sole and absolute discretion, receive, store, discharge, or transport firearms, ammunition, or weapons or explosives of any kind or nature at, on or from the Premises.

Exhibit A - Page 36 of 51

2 742 Grayson/Berkeley Lease-10

EXHIBIT D

ESTOPPEL CERTIFICATE
The undersigned ("Tenant") hereby certifies to (" Landlord"), and , as follows:

1. Attached hereto is a true, correct and complete copy of that certain Lease dated ________________, between Landlord and Tenant (the " Lease"), for the premises commonly known as ____________________________________ (the "Premises"). The Lease is now in full force and effect and has not been amended, modified or supplemented, except as set forth in Section 6 below.

2. The term of the Lease commenced on ________________, __.

3. The term of the Lease is currently scheduled to expire on ________________, __.

4. Tenant has no option to renew or extend the Term of the Lease except:
.

5. Tenant has no preferential right to purchase the Premises or any portion of the Building/Premises except: ________________________________________________________________.

6. The Lease has: (Initial One)
( ) not been amended, modified, supplemented, extended, renewed or assigned. ( ) been amended, modified, supplemented, extended, renewed or assigned by the following described agreements, copies of which are attached hereto:
.

7. Tenant has accepted and is now in possession of the Premises and has not sublet, assigned or encumbered the Lease, the Premises or any portion thereof except as follows:
.

8. The current Base Rent is $______________; and current monthly parking charges are $____________.

9. The amount of security deposit (if any) is $_______________. No other security deposits have been made.

10. All rental payments payable by Tenant have been paid in full as of the date hereof. No rent under the Lease has been paid for more than thirty (30) days in advance of its due date.

11. All work required to be performed by Landlord under the Lease has been completed and has been accepted by Tenant, and all tenant improvement allowances have been paid in full except __________________________.

12. As of the date hereof, Tenant is not aware of any defaults on the part of Landlord under the Lease except __________________________.

13. As of the date hereof, there are no defaults on the part of Tenant under the Lease.

14. Tenant has no defense as to its obligations under the Lease and claims no set -off or counterclaim against Landlord.

Exhibit A - Page 37 of 51

2 742 Grayson/Berkeley Lease-10

15. Tenant has no right to any concession (rental or otherwise) or similar compensation in connection with renting the space it occupies, except as expressly provided in the Lease.

16. All insurance required of Tenant under the Lease has been provided by Tenant and all premiums have been paid.

17. There has not been filed by or against Tenant a petition in bankruptcy, voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the bankruptcy laws of the United States or any state thereof, or any other action brought pursuant to such bankruptcy laws with respect to Tenant.

18. Tenant pays rent due Landlord under the Lease to Landlord and does not have any knowledge of any other person who has any right to such rents by collateral assignment or otherwise.

The foregoing certification is made with the knowledge that ____________________________________ is about to [fund a loan to Landlord or purchase the Building from Landlord], and that ___________________________ is relying upon the representations herein made in [funding such loan or purchasing the Building].

Dated: _________________, ___.
"TENANT" _______________________________
By:

Print Name:

Its:

Exhibit A - Page 38 of 51

2 742 Grayson/Berkeley Lease-10

EXHIBIT E

TECHNICAL MEMORANDUM FROM TERRAPHASE ENGINEERING INC.

DATED FEBRUARY 9, 2021 (See attached copy)

Exhibit A - Page 39 of 51

Terraphase Engineering Inc. | 1404 Franklin Street, Suite 600 | Oakland, California 94612 | www.terraphase.com

TECHNICAL MEMORANDUM
To:

Chris Freise
REDCO Development LLC
Four Embarcadero Center, Suite 1400
San Francisco, CA 94111

From:

Alice Hale Price, PE, Terraphase
Chris Alger, PG, CHG, Terraphase

Date:

February 9, 2021
Project Number:
0337.002.001
Subject:  Summary of Environmental Conditions and Documentation Associated with the 742 Grayson Street Property Located in Berkeley, California

At the request of REDCO Development LLC (REDCO), Terraphase Engineering Inc. (Terraphase) has prepared this memorandum summarizing the site history and current environmental status of the 742 Grayson Street property located in Berkeley, California (“the Site”, also referenced as Area of Concern [AOC] 1 in previous documents; Figure 1). The Site was purchased by REDCO from Henkel Co rporation on December 28, 2017. The Site is adjoined to the east by the 800 Grayson Street property, which remains under Henkel Corporation ownership and is often referenced as AOC 2.

As discussed below, the past and current environmental concerns associated with the Site are primarily grouped into two categories: (1) petroleum hydrocarbon
impacted soil, soil vapor, and groundwater
associated with historical on‐Site sources, and (2) nearby, offsite volatile organic compound (VOC) impacts to regional groundwater and soil vapor that encroaches on the Site boundary. Site data suggest that impacts from these separate sources (i.e., the onsite and offsite sources) in both soil vapor and groundwater are likely comingled on‐Si
te.

Site History
The Site was first developed for industrial use prior to 1903. Railroad tracks are present off‐Site to the west of the Site and former railroad spurs were located on the western portion and on the southern boundary of the Site. Historical and recent Site manufacturin g operations have included the following:
 a distillery and use of a buried heating oil tank located in the northwestern portion of the Site (1903 Sanborn Map);
 a Stauffer Chemical Works facility and use of two steel aboveground storage tanks (ASTs) and six wooden underground storag
e tanks (USTs) with unknown contents (1911 Sanborn Map); Exhibit A - Page 40 of 51

February 9, 2021
REDCO Development
742 Grayson Street, Berkeley, California

 a Wesco Waterpaints Inc. facility including a crude material storage building (1950 Sanborn Map); and
 an adhesives manufacturing facility (National Starch and Chemical Corporation / Henkel) including four former ASTs for solvent storage (containing toluene, hexane, acetone, and 1,1,1‐ trichloroethane). The ASTs were reportedly situated on concrete and contained within a 3‐foot concrete dike and material was transferred to the interior manufa cturing areas via overhead
piping. The ASTs are identified in the 1974 aerial photograph and 1980 Sanborn map, but appear to have been removed in the 1988 aerial photograph.

Environmental investigations indicated that the above historical activities contributed minor petroleum hydrocarbon impacts to shallow soil. Shallow ground
water occurs between 5 feet and 10 feet below the
ground surface.

The current environmental status based on the previous and recent investigations at the Site and communications with RWQCB staff are discussed in the following section.

Environmental Status
As a result of a report to the Alameda County Department of Environment al Health, the San Francisco Bay Regional Water Quality Control Board (RWQCB) filed a California Spill, Leak, Investigation and Cleanup (SLIC) New Case Data Sheet for the Site in 1991 based on detections of tetrachloroethene (PCE), trichloroethene (TCE), and 1,2‐dichloroethene (1,2‐DCE) in groundwater at the Site. As documented on the RWQCB o
nline database GeoTracker, the RWQCB opened the SLIC case in March 2001. Based on further research by the RWQCB and multiple site investigations in the area, it was concluded by the RWQCB that a regional groundwater contamination problem existed. The RWQCB also concluded that the like
ly source(s) of VOCs in groundwater and soil vapor were located upgradient (east) from the Subject Site.

Since 1991, extensive environmental investigation of soil, soil vapor, and groundwater has been performed at the Site and the adjoining site to the east (800 Grayson Street). Investigations refer to the Site as constituti
ng AOC 1 and the 800 Grayson Street site as constituting AOC 2.

In 2015, ERM, on behalf of Henkel, began investigating the subsurface conditions at the Site. ERM continued to investigate and present work plans to the RWQCB to address agency requested remediation through 2017, when the RWQCB approved the submitted Updated Phase II ESA (ERM 2017; RWQCB 2017). Following approval of th
e Updated Phase II ESA, in 2018, ERM conducted a targeted excavation of petroleum hydrocarbon impacted shallow soil within AOC 1 (ERM 2019a, 2019c, 2020).

In 2020, Terraphase conducted a limited subsurface investigation to evaluate current Site conditions in soil, groundwater, and soil vapor at target locations (Terraphase 2020).

Petroleum Hy
drocarbon Impacts to Soil, Soil Vapor and Groundwater
 Soils in the area of the former UST, AST concrete containment area, and along the edge of Building 5 contained petroleum hydrocarbons at concentrations exceeding the RWQCB’s Environmenta
l Screening Levels (ESLs) for commercial/industrial properties, which are conservative human health risk screening levels. In July 2019, ERM submitted a Soil Remediation Summary Report and Request for Closure which documents the removal of petroleum Exhibit A - Page 41 of 51

February 9, 2021
REDCO Development
742 Grayson Street, Berkeley, California

Terraphase Engineering Inc. Page 3 of 5

hydrocarbon impacted soils exceeding commercial/industrial ESLs; this report was subsequently revised in October 2019 and September 2020 (ERM 2019a, 2019c, 2020). On February 2, 2021, the RWQCB issued a letter stating that no further action is required for petroleum hydrocarbon impacts to shallow soil in AOC 1 (RWQCB 2021).
o As required by the RWQCB (RWQCB 2017), in July 201 9, ERM also submitted the Risk Management Plan (RMP; ERM 2019b) for both the Site (AOC 1) and the adjoining Henkel‐owned property to the east (AOC 2; 800 Grayson Street) to the RWQCB. The RMP documents guidelines and management methods for potentially‐impacted soil and shallow groundwater which may be encountered during
subsurface development
activities at the Site.
 Management methods include, but are not limited to, implementation of dust controls and monitoring; allowable on‐Site re‐use of soil not meeting State of California or Federal hazardous waste criteria; and installation of a vapor intrusion mitigation system in the event of future Site redevelopment. The RMP also specifies that existi
ng on‐Site groundwater monitoring wells will require
destruction upon closure approval from the RWQCB. To‐date, no formal comments have been received from the RWQCB regarding the RMP.

Terraphase anticipates that the RWQCB will request an updated RMP that addresses both the existing use scena
rio (addressed in the current RMP) as well
as a redevelopment scenario (not addressed in the current RMP).  Documented groundwater in the AOC 1 area and west of the Site has been impacted primarily with petroleum hydrocarbons, generally at concentrations below the RWQCB’s  2016 ESLs (RWQCB 2016) for commercial site use.1
o In their approval letter (RWQCB 2017), the RWQCB concurred that groundwater containing petroleum hydrocarbon concentrations exceeding the ESLs (RWQCB 2016) is stable and unlikely to further impact beneficial uses of groundwater due to natural subsurface degradation and adsorption.
 Groundwater data considered by this 2017 letter are presented in Attachment A, Figure 9.
o Two additional groundwater monitoring wells wer
e installed at the Site by Terraphase in
2020, and off‐Site grab groundwater samples were also collected. Groundwater sampling results from this investigation confirmed the presence of petroleum hydrocarbons and vinyl chloride in the groundwater above commercial/industrial ESLs (Figure 2). Generally, the data collected during the 20 20 sampling event support the RWQCB’s previous conclusions (RWQCB 2017) that the distribution of groundwater containing petroleum hydrocarbon concentrations exceeding the ESLs is defined, stable, and unlikely to further impact beneficial uses of groundwater due to natural subsurface

1 The RWQCB approval letter was prepared in 2017 and therefore references the 2016 ESLs (RWQCB 2016) rather than the current 2019 ESLs (RWQCB 2019).

Exhibit A - Page 42 of 51

February 9, 2021
REDCO Development
742 Grayson Street, Berkeley, California

degradation and adsorption. Based on the results, Terraphase concluded that groundwater impacts are adequately characterized, and no additional monitoring wells are needed (Terraphase 2020).
o Henkel, ERM, REDCO and Terraphase have been in ongoing discussions with the RWQCB regarding the case status of the petroleum hydrocarbons in groundwater.  During the 2020 investigation, Terraphase also installed and sampled temporary soil vapor monitoring prob
es in the vicinity of the excavation area discussed above (Figure 3). Soil vapor sampling was also previously conducted by ERM in 2015 and 2016 (Attachment A, Figure 16). o Benzene was detected at concentrations above commercial/industrial ESLs in the soil‐ vapor samples collected. The maximum benze
ne detection was 940 micrograms per
cubic meter (µg/m3) (Figure 3).2
o Although the 2020 soil vapor sampling results exceed commercial/industrial screening criteria, Terraphase concluded that no excessive health risk exists under current site use (i.e., there are no buildings overlaying this portion of the Site and therefore there is no completed vapor intrusion pathway) (Terraphase 2020).

Regional VOC Impacts to Soil Vapor and Groundwater
 Chlorinated VOC (CVOC) concen
trations in soil‐vapor samples exceed current screening levels for commercial/industrial properties (Figure 3; Attachment A, Figure 16). Compounds exceeding ESLs include: 1,1‐dichloroethene (1,1‐DCE), 1,1‐dichloroethane (1,1‐DCA), TCE, and vinyl chloride (Terraphase 2020).
 In their approval letter (RWQCB 2017), the RWQCB stated that the regional VOC groundwater plume does not originate within the Site and does not appear to present a vapor intrusion risk on the AOC 1 parcel as
long as the parcel is maintained with commercial or industrial use (e.g., commercial office, warehouse, retail, etc.). The RWQCB stated that no remedial measures pertaining to the regi
onal VOC groundwater plume are required on AOC 1 so long as such use continues.
 The RWQCB concurred that the source of VOC groundwater impacts in the eastern portion of the Henkel site (AOC 2, 800 Grayson Street), and by extension on AOC 1, may be located south of the AOC 2 site. The RWQCB has indi
cated that they are in discussions with the current owners of the suspected source areas to require that the appropriate parties investigate their sites south of AOC 2 and, based on investigation results, identify the parties responsible for remediating the VOC impacts at the AOC 1 and AOC 2 properties and surrounding areas.

2 Sample location SVP‐07, shown on ERM’s Figure 16, was within the boundary of their subsequent remedial excavation; data from this location does not represent current conditions.

Exhibit A - Page 43 of 51

February 9, 2021
REDCO Development
742 Grayson Street, Berkeley, California

Terraphase Engineering Inc. Page 5 of 5

References
ERM. 2017. Updated Phase II Environmental Site Assessment Report, Henkel Berkeley Facility, 742 and 800 Grayson Street, Berkeley, California. 17 October.
_____. 2018a. Soil Remediation Workplan, Former Henkel Berkeley Facility, 742 Grayson Street, Berkeley, California. 16 October.
_____. 2018b. Pre‐Excavation Confirmation Soil Sampling Results and Revised Proposed Excavation Limits, Former Henkel Berkeley Facility, 742 Grayson Street, Berkel ey, California. 15 November. _____. 2019a. Soil Remediation Summary Report and Request for Case Closure, Former Henkel Berkeley Facility, 742 Grayson Street, Berkeley, California. July 30. _____. 2019b. Risk Management Plan, Former Henkel Berkeley Facility, 742 Grayson Street, Berkeley, California. July 31.
_____. 2019c. Revised Soil Remediation Summary Report and Request  for Case Closure, Former Henkel Berkeley Facility, 742 Grayson Street, Berkeley, California. October 25. _____. 2020. Area of Concern 1 Soil Remediation Summary Report, Former Henkel Berkeley Facility, 742 Grayson Street, Berkeley, California. September 14.

San Francisco Bay Regional Water Quality Control Board. 2016. Environmental Screening Levels. _____. 2017. Property at 74
2 and 800 Grayson Street, Berkeley, Alameda County – Approval of Updated Phase II Environmental Site Assessment Report and Requirement for Submittal of Soil Remediation Implementation Report. December 15.
_____. 2019. Environmental Screening Levels.
_____. 2021. Concurrence with Soil Excavation Completion, National Starch & Chem Company, 742 Grayson Street, Berkeley, Alameda County. February 2.

Terraphase Engineerin
g Inc. (Terraphase). 2020. Summary of Data Gap Investigation Results, San Francisco Bay Regional Water Quality Control Board Case # 01S0386, 742 Grayson Street Property, Berkeley, California. November 2.

Attachments:

Figures
 Figure 1 – Subject Property Location
 Figure 2 – Groundwater Analytical Results
 Figure 3 – Soil Gas Analytical Results
Attachment A – Figures from ERM’s Updated Phase II Environmental Site Assessment Report  Figure 9 (from ERM 2017) – AOC 1 – COPCs in Groundwater  Figure 16 (from ERM 2017) – Site Soil Vapor Results
Exhibit A - Page 44 of 51

February 9, 2021
REDCO Development
742 Grayson Street, Berkeley, California
Figures
Figure 1 – Subject Property Location
Figure 2 – Groundwater Analytical Results
Figure 3 – Soil Gas Analytical Results
Exhibit A - Page 45 of 51

Site
^_
File: K:\GIS\Prj\0246 Lift Partners\MXDs\Figure 1 - Site Location.mxd 10/12/2017 Created by: Initial Checked by: Initial Coordinate System: NAD 1983 StatePlane California III FIPS 0403 Feet

SAFETY FIRST
CLIENT:

REDCO Development LLP
PROJECT:

PROJECT NUMBER:
742 and 800 Grayson Street
Berkeley, CA
0337.002.002
Subject Property Location
FIGURE 1
Ü
0 5,000 10,000
Feet
1 inch = 5,000 feet Base Map: USGS Davis 7.5 Minute Quadrangle.

Legend
Site Location^_
Exhibit A - Page 46 of 51

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SB-36
SB-35
SB-34
M
W
-2
MW-1
SG-3
SG-1
SG-2

SAFETY FIRST
PROJECT NUMBER:
0337.00

2.002 FIGURE 2
Ü
File: N:\GIS\Prj\0337.002_REDCO Grayson\MXDs\(20201012) Figure 6 - GGW Results.mxd 10/12/2020 Created by: DB Checked by: Initial Coordinate System: NAD 1983 StatePlane California III FIPS 0403 Feet Groundwater Analytical Results
Legend
Ñ!. Grab Groundwater Sample Location (2020)
!A Monitoring Well Location (2020)
`_ Soil Gas Sample Location (2020)
!H Soil Boring (2015-2017)
!? Soil and Groundwater Boring (2017)
!A Monitoring Well (2015, 2016)
AOC 1 Remedial Excavation Extents (ERM, 2019)
Proposed 742 Parcel (AOC 1) Boundary
Proposed 800 Parcel (AOC 2) Boundary
Proposed 800 Parcel Railroad Sub-Parcel Boundary
Property Boundary
0 25 50 75 100
Feet
1 inch = 50 feet
Notes: Aerial imagery source - Nearmap (May 2020)
CLIENT:

PROJECT
: 742 and 800 Grayson Street
Berkeley, CA
REDCO Development, LLC
TPH-d 640
TPH-d (SGCU) --
Benzene 350
Ethylbenzene 43
Toluene 2500
Vinyl chloride --
Xylene Total 100
SFRWQCB 2019-rev2 Aquatic Habitat
Goal Levels - Saltwater Ecotox ESLAnalyte
Sample Date 8/26/2020
TPH-d 569 / 380
TPH-d (SGCU) 243 / NA
Benzene <2 / NA
Ethylbenzene <2 / NA
Toluene <2 / NA
Vinyl chloride

6.99 / NA
Xylene Total <6 / NA
GGW-1
Sample Date 8/26/2020
TPH-d 534
TPH-d (SGCU) 153
GGW-1-FF
Sample Date 8/26/2020
TPH-d 359
TPH-d (SGCU) 265
Benzene <1
Ethylbenzene <1
Toluene <1
Vinyl chloride 6.35
Xylene Total <3
GGW-2
Sample Date 8/26/2020
TPH-d 295
TPH-d (SGCU) 108
GGW-2-FF
Sample Date 9/3/2020
TPH-d 1,230
TPH-d (SGCU) 537
MW-1-FF
Sample Date 9/3/2020
TPH-d 302
TPH-d (SGCU) 110 B
Benzene <1
Ethylbenzene <1
Toluene <1
Vinyl chloride <1
Xylene Total <3
MW-2
Sample Date 9/3/2020
TPH-d 253
TPH-d (SGCU) <100
MW-2-FF
Sample Date 9/23/2020
TPH-d 2,380
TPH-d (SGCU) 173
NS-6-FF
Notes:

All results shown in micrograms per liter (µg/L)
Bold = detected result
< = Result is less than laboratory reporting limit
TPH-d = Total Petroleum Hydrocarbons as Diesel
SGCU = Silica Gel Cleanup
FF = Field Filtered
NA = Not Analyzed
B = The same analyte is found in the associated blank
Highlighted result exceeds SFRWQCB 2019-rev2
Aquatic Habitat Goal Levels - Saltwater Ecotox ESL
SFRWQCB = San Francisco Regional Water Quality Control Board ESL = Environmental Screening Level
Field duplicate was collected from GGW-1
Sample Date 9/3/2020
TPH-d 1,890
TPH-d (SGCU) 886
Benzene <1
Ethylbenzene <1
Toluene <1
Vinyl chloride <1
Xylene Total <3
MW-1
Sample Date 9/23/2020
TPH-d 4,100
TPH-d (SGCU) 1,090
Benzene <1
Ethylbenzene <1
Toluene <1
Vinyl chloride 4.95
Xylene Total <3
NS-6
Exhibit A - Page 47 of 51

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!?
!?
!H
!H
!H
!H
!H
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!H!H
!H
!H
!H
!H
!H
!H !H
!A
!A
`_
`_
`_
!A
!A
Ñ!. Ñ!.

GGW-1
GGW-2
NS-6
NS-5
SB-12
SB-11
SB-02
SB-01
SB-17
SB-16
SB-03
SB-14
SB-05
SB-39 SB-40 SB-42
SB-43
SB-06
SB-15
SB-04
SB-13
SB-36
SB-35
SB-34
M
W
-2
MW-1
SG-3
SG-1
SG-2

SAFETY FIRST
PROJECT NUMBER:
0337.00

2.002 FIGURE 3
Ü
File: N:\GIS\Prj\0337.002_REDCO Grayson\MXDs\(20201012) Figure 7 - SV Results.mxd 10/12/2020 Created by: DB Checked by: Initial Coordinate System: NAD 1983 StatePlane California III FIPS 0403 Feet Soil Gas Analytical Results
Legend
Ñ!. Grab Groundwater Sample Location (2020)
!A Monitoring Well Location (2020)
`_ Soil Gas Sample Location (2020)
!H Soil Boring (2015-2017)
!? Soil and Groundwater Boring (2017)
!A Monitoring Well (2015, 2016)
AOC 1 Remedial Excavation Extents (ERM, 2019)
Proposed 742 Parcel (AOC 1) Boundary
Proposed 800 Parcel (AOC 2) Boundary
Proposed 800 Parcel Railroad Sub-Parcel Boundary
Property Boundary
0 25 50 75 100
Feet
1 inch = 50 feet
Notes: Aerial imagery source - Nearmap (May 2020)
CLIENT:

PROJECT
: 742 and 800 Grayson Street
Berkeley, CA
REDCO Development, LLC
Notes:

All results shown in micrograms per cubic meter (µg/m³) Red = result exceeds SFRWQCB 2019-rev2 Subslab/Soil
Gas VI H

HRL C/I
SFRWQCB = San Francisco Regional Water Quality Control Board ESL = Environmental Screening Level
VI = Vapor Intrusion
HHRL = Human Health Risk Level
C/I = Commercial/Industrial
Benzene 14 160000
Vinyl Chloride 5.2 26000000
SFRWQCB 2019-rev2
Subslab/Soil Gas VI

HHRL C/I
SFRWQCB 2019-rev2
Subslab/Soil Gas VI
Odor Nuisance Levels
Analyte
Sample Date 8/31/2020
Benzene 410
Vinyl Chloride 1,100
SG-1
Sample Date 8/31/2020
Benzene 940
Vinyl Chloride 1,800
SG-2
Sample Date 8/31/2020
Benzene 35
Vinyl Chloride 3.2
SG-3
Exhibit A - Page 48 of 51

February 9, 2021
REDCO Development
742 Grayson Street, Berkeley, California
Attachment A
Figures from ERM’s Updated Phase II Environmental Site
Assessment Report
Exhibit A - Page 49 of 51

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T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T

T T T T T T T
T

T T T T T T T T T T T T T T T T T T T T T T
T
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T
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TT
T
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T
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$+ $+ $+
$+
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@
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@
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NS-5
11/30/2015
TPH-g <50
TPH-d <50
TPH-mo <300

BTEX ND
PCE 15
TCE 9.5
c-1,2-DCE 9.7
t-1,2-DCE 0.7
NS-5
5/19/2016
TPH-g <50
TPH-d 82*
TPH-mo NA

BTEX ND
PCE 13
TCE 7
c-1,2-DCE 17
t-1,2-DCE <0.5
SB-02
11/24/2015
TPH-g 1500
TPH-d 67000
TPH-mo 42000

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE 2.3
t-1,2-DCE 2.5
SB-01
11/25/2015
TPH-g 64
TPH-d 380
TPH-mo <360

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE <0.5
t-1,2-DCE <0.5
SB-04
11/25/2015
TPH-g NA
TPH-d 78000
TPH-mo 47000

BTEX ND
PCE NA
TCE NA
c-1,2-DCE NA
t-1,2-DCE NA
SB-05
11/24/2015
TPH-g <50
TPH-d <50
TPH-mo <300

BTEX ND
PCE 36
TCE 11
c-1,2-DCE 1.9
t-1,2-DCE <0.5
SB-06
11/23/2015
TPH-g 82
TPH-d <50
TPH-mo <300

BTEX ND
PCE 140
TCE 23
c-1,2-DCE 3.5
t-1,2-DCE <1.3
SB-03
11/25/2015
TPH-g 220
TPH-d 1800
TPH-mo 1400

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE <0.5
t-1,2-DCE <0.5
SB-17
5/18/2016
TPH-g <50
TPH-d 520
TPH-mo 400

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE 1.3
t-1,2-DCE 1.1
SB-16
5/18/2016
TPH-g 6400
TPH-d 600*
TPH-mo NA

BTEX ND
PCE 3.4
TCE 2.3
c-1,2-DCE 0.55
t-1,2-DCE <0.5
NS-6
5/19/2016
TPH-g 230
TPH-d 730
TPH-mo 480

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE 1.2
t-1,2-DCE 11
SB-14
5/17/2016
TPH-g 69
TPH-d 41000
TPH-mo 32000

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE 0.54
t-1,2-DCE <0.5
SB-15
5/17/2016
TPH-g 100
TPH-d 3000
TPH-mo 2800

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE <0.5
t-1,2-DCE <0.5
SB-13
5/17/2016
TPH-g 340
TPH-d 32000-
TPH-mo 23000-

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE <0.5
t-1,2-DCE <0.5
SB-12 20 ft bgs
5/17/2016
TPH-g 730
TPH-d 6000*
TPH-mo NA

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE <0.5
t-1,2-DCE 3
SB-11 20 ft bgs
5/17/2016
TPH-g 160
TPH-d 6400*
TPH-mo NA

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE <0.5
t-1,2-DCE <0.5
SB-34
8/18/2017
TPH-g 54
TPH-d 3800
TPH-mo 4000

BTEX ND
PCE <0.5
TCE <0.5
c-1,2-DCE <0.5
t-1,2-DCE <0.5
SB-35
8/18/2017
TPH-g 19
TPH-d 1400
TPH-mo 3000
BTEX BEX=ND T=0.1
PCE 0.2
TCE 0.9
c-1,2-DCE 0.7
t-1,2-DCE 0.3
SB-36
8/18/2017
TPH-g 36
TPH-d 1500
TPH-mo 3000
BTEX B=0.3 T=0.2 EX=ND
PCE <0.5
TCE <0.5
c-1,2-DCE 0.6
t-1,2-DCE <0.5
SB-39
8/18/2017
TPH-g 25
TPH-d <49
TPH-mo <290
BTEX B=0.1 TEX=ND
PCE 12
TCE 11
c-1,2-DCE 3.5
t-1,2-DCE 0.3
SB-40
8/18/2017
TPH-g 33
TPH-d 18,Y
TPH-mo <290

BTEX ND
PCE <0.5
TCE 22
c-1,2-DCE 14
t-1,2-DCE 0.8
SB-42
8/18/2017
TPH-g 40
TPH-d <49
TPH-mo <290
BTEX T=0.1 BEX=ND
PCE 0.1
TCE 49
c-1,2-DCE 22
t-1,2-DCE 1.7
SB-43
8/24/2017
TPH-g 18
TPH-d <50
TPH-mo <300

BTEX ND
PCE 1.5
TCE 11
c-1,2-DCE 1.4
t-1,2-DCE 0.3
SB-12HP 29 ft bgs
5/18/2016
TPH-g 1000
TPH-d 6300*
TPH-mo NA
BTEX B=4 T=680 E=1 X=2
PCE <0.5
TCE <0.5
c-1,2-DCE <0.5
t-1,2-DCE <0.5
SB-11HP 32 ft bgs
5/18/2016
TPH-g 6400
TPH-d 52000*
TPH-mo NA

BTEX ND
PCE <2.5
TCE <2.5
c-1,2-DCE <2.5
t-1,2-DCE <2.5
Building 3
Building 2
Building 1
Building 5
Created By: G Shenker 9/26/2017 Project: 0318259M:\Projects\0318259_Henkel\maps\CSIR\F9 AOC1GW.mxd 0 50 10025
Feet
³
Legend
@ Soil Boring, 2015
") Soil Boring, 2016
$+ Soil Boring, 2017
@ Soil and Groundwater Boring, 2017
@A Monitoring Well, 2015
@
A Monitoring Well, 2016
Property Boundary
Proposed 742 Parcel (AOC 1) Boundary
Proposed 800 Parcel (AOC 2) Boundary
Proposed 800 Parcel Railroad Sub-Parcel Boundary
Buildings
Rail Line
Former Rail Spur
T T Fence
0 5 102.5
Miles
Site Location
Environmental Resources Management
www.erm.com
Notes:

Values in Blue indicate a concentration detected
above the respective screening level.
* = No silica gel cleanup
ND = Compound not detected above laboratory
method detection limit.

TPH-g = Total Petroleum Hydrocarbons
gasoline range
TPH-d = Total Petroleum Hydrocarbons
diesel range
TPH-mo = T otal Petroleum Hydrocarbons
motor oil range
³
Figure 9
AOC 1 - COPCs in Groundwater
Updated Phase II ESA Report
Henkel Corporation
742 and 800 Grayson Street
Berkeley, California
Source: Bing Imagery Webservice; NAD 1983 StatePlane California III FIPS 0403 Feet ERM
Groundwater ESLs (μg/l)
TPH-g = 420
TPH-d = 640
TPH-mo = NE
B = 5.2
T = 2500
E = 12
X = 100
PCE = 880
TCE = 1500
c-1,2-DCE = 130000
t-1,2-DCE = 190000
B = Benzene
T = Toluene
E = Ethylbenene
X = Xylenes
PCE = Tetrachloroethene
TCE = Trichloroethene
c-1,2-DCE = cis-1,2-Dichloroethene
t-1,2-DCE = trans-1,2-Dichloroethene
NE = Not Established
All results in micrograms per liter (µg/l).
ft bgs = feet below ground surface
Exhibit A - Page 50 of 51

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«#
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SVP-09
Benzene 56
PCE 48
TCE 44
c-1,2-DCE <5.0
t-1,2-DCE <5.0
VC <3.2
SVP-10
Benzene 5
PCE <7.9
TCE <6.3
c-1,2-DCE <4.6
t-1,2-DCE <4.6
VC <3.0
SVP-15-2016
Benzene <75
PCE <160
TCE 32000
c-1,2-DCE 8,000
t-1,2-DCE 3,200
VC 420 SVP-14
Benzene 120
PCE <190
TCE 95000
c-1,2-DCE 6,400
t-1,2-DCE 3,000
VC 850
SVP-11
Benzene <82
PCE <170
TCE 32000
c-1,2-DCE 7,800
t-1,2-DCE 400
VC 310
SVP-12
Benzene 12
PCE <11
TCE 2,500
c-1,2-DCE 1,400
t-1,2-DCE 580
VC 240
SVP-13
Benzene 44
PCE <15
TCE 22
c-1,2-DCE 17
t-1,2-DCE <8.9
VC 17
SVP-08
Benzene 22
PCE <8.2
TCE <6.5
c-1,2-DCE <4.8
t-1,2-DCE <4.8
VC <3.1
SVP-07
Benzene 12000
PCE <5,000
TCE <3,900
c-1,2-DCE <2,900
t-1,2-DCE <2,900
VC 4200
SVP-06
Benzene 72
PCE 690
TCE 390
c-1,2-DCE 230
t-1,2-DCE 48
VC 13
SVP-05
Benzene 11
PCE 21
TCE <9.1
c-1,2-DCE <6.7
t-1,2-DCE <6.7
VC <4.3
SVP-04
Benzene <270
PCE <580
TCE <460
c-1,2-DCE <340
t-1,2-DCE <340
VC <22
SVP-03
Benzene 13
PCE 4
TCE <5.1
c-1,2-DCE <3.7
t-1,2-DCE <3.7
VC <2.4
SVP-02
Benzene 740
PCE 940
TCE <450
c-1,2-DCE <330
t-1,2-DCE <330
VC 470
SVP-15-2017
Benzene <3.5
PCE <7.4
TCE <5.8
c-1,2-DCE <4.3
t-1,2-DCE <4.3
VC <2.8
SVP-16
Benzene 780
PCE < 370
TCE 84000
c-1,2-DCE 66,000
t-1,2-DCE 2,600
VC 760
SVP-17
Benzene 4.1
PCE < 7.1
TCE < 5.6
c-1,2-DCE < 4.2
t-1,2-DCE < 4.2
VC < 2.7
SVP-18
Benzene 25
PCE < 7.5
TCE < 5.9
c-1,2-DCE < 4.4
t-1,2-DCE < 4.4
VC < 2.8
SVP-19
Benzene 230
PCE <370
TCE 46000
c-1,2-DCE 13,000
t-1,2-DCE 6,300
VC 210
SVP-20
Benzene 27
PCE < 7.2
TCE < 5.7
c-1,2-DCE < 4.2
t-1,2-DCE < 4.2
VC < 2.7
SVP-21
Benzene 6
PCE 42
TCE 41
c-1,2-DCE 15
t-1,2-DCE < 4.4
VC 4
SVP-22
Benzene 1,900
PCE <3000
TCE 4500
c-1,2-DCE 18,000
t-1,2-DCE 9,500
VC 56000
SVP-23
Benzene 64
PCE <3000
TCE 15000
c-1,2-DCE 5,500
t-1,2-DCE 2,800
VC 270
Created By: G Shenker 9/26/2017 Project: 0318259M:\Projects\0318259_Henkel\maps\CSIR\F16 SoilVapor.mxd 0 50 10025
Feet
³
Legend
«# Temporary Soil Vapor Well, 2015
«# Temporary Soil Vapor Well, 2016
«# Temporary Soil Vapor Well, 2017
Property Boundary
Proposed 742 Parcel (AOC 1) Boundary
Proposed 800 Parcel (AOC 2) Boundary
Proposed 800 Parcel Railroad Sub-Parcel Boundary
Building
Rail Line
Former Rail Spur
T T Fence
0 5 102.5
Miles
Site Location
Environmental Resources Management
www.erm.com
³
Figure 16
Site Soil Vapor Results
Updated Phase II ESA Report
Henkel Corporation
742 and 800 Grayson Street
Berkeley, California
Source: Bing Imagery Webservice; NAD 1983 StatePlane California III FIPS 0403 Feet ERM
Notes:

Values in Blue indicate a concentration detected above the respective screening level.

B = Benzene
PCE = Tetrachloroethene
TCE = Trichloroethene
c-1,2-DCE = cis-1,2-Dichloroethene
t-1,2-DCE = trans-1,2-Dichloroethene
All results in micrograms per cubic meter (µg/m3).

Soil Vapor ESLs (µg/m3)
Benzene = 420
PCE = 2100
TCE = 3000
c-1,2-DCE = 35000
t-1,2-DCE = 260000
Exhibit A - Page 51 of 51

Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:

[email protected]
1 ACTION CALENDAR
January 21, 2020
To: Honorable Mayor and Members of the City Council
From: Councilmembers Harrison, Davila, Mayor Arreguin, and Councilmember Robinson
Subject: Establishing an Outdoor Emergency Shelter

RECOMMENDATION

1. Refer to the City Manager to establish an outdoor emergency shelter in Berkeley. Such a shelter should consider the following amenities to be provided but not required:

A. Climate-controlled, wind-resistant durable tents with wooden pallets for support.

B. Seeking an agency to manage and oversee the emergency shelter.

C. Portable toilet service and handwashing service.

D. Shower and sanitation services
E. Garbage pickup and safe needle disposal.

2. Refer to the November budget process $615,000 to be considered alongside other Measure P recommendations.

3. Temporarily waive BMC Article 9 Section 19.28.100 Section N106, to allow for the installation of tents and membrane structures that may be erected for longer than 180 days even if they do not meet all physical requirements.1

4. Refer to the City Manager protocol for selecting residents that mirror other shelter selection criteria and are less restrictive than HUD protocols. 1 For example, tents and membrane structures are required to sit at least four inches off the ground, have wooden or concrete floors, and be equipped with smoke alarms. Though all of these requirements are important to the health and safety of Berkeley residents, they are arduous requirements to meet. The purpose is to provide temporary accommodations.

Attachment 2Page 55 of 84Page 60 of 89

Establishing the Emergency Outdoor Shelter ACTION CALENDAR January 21, 2020
2 POLICY COMMITTEE RECOMMENDATION
On November 25, 2019, the Health, Life Enrichment, Equity & Community Committee adopted the following action: M/S/C (Davila/Hahn) to send the item to Council with a positive recommendation and the following additional amendments made by the author:

1. Refer to the November budget process the costs of $615,000 associated with establishing the outdoor emergency shelter to be considered with other Measure P Panel of Experts recommendations;

2. Referral to the City Manager to begin the process of establishing an outdoor emergency shelter in Berkeley. This includes seeking an agency to manage and oversee the outdoor emergency shelter including amenities for trash pick-up, toilets, handwashing stations, showers services, and needle receptacles, as well as provide basic service levels including security, housing support services, and outreach coordinators.

3. Additionally, the committee recommends but does not require, that staff establish protocols based on existing application processes for eligibility allocation and that the eligibility criteria be less restrictive than the HUD criteria.

Vote: Ayes – Davila, Hahn; Noes – None; Abstain – Kesarwani; Absent – None.

BACKGROUND
According to the Alameda County Point In Time count (see Attachment 1), there are 1108 homeless people living in Berkeley, 813 of whom are unsheltered. Of the unsheltered people, 251 individuals are sleeping in a tent and 231 are sleeping on a street, sidewalk, or in a park. Roughly 500 people in Berkeley are sleeping in tents or without shelter altogether, whether officially sanctioned or not. Under current policy, many of these encampments do not have any trash, sanitary services, good neighbor policy, or engagement with services, creating unsanitary and unsafe circumstances for both the residents of the encampments and surrounding neighbors.

Over the past several years, Berkeley has made significant investments in affordable housing and supportive services, such as approving the Berkeley Way 2 project that will permanently house 59 people, and the Pathways STAIR Center which has already housed over 1003 in a year of existence. In total, we are able to shelter about 295 people (not including the 40 emergency shelter beds at Old City Hall), and about 100 of those shelter beds have been added since 2016. We have also expanded mental health and crisis services, are working to find a location for a safe RV parking site, and have provided other homeless services. Our long-term investments are working, but in the short term, people are sleeping in tents and outdoors without durable shelter, a potentially dangerous situation with autumn smoke and winter rains approaching. In addition to the elements, transportation-related deaths were the third leading cause of death among the homeless in Los Angeles County in 2018.4 Living by highway onramps increases the likelihood of a deadly collision by many factors. Within the next year, we want to provide people with 2 https://bfhp.org/news/berkeley-way/
3 “Pathways STAIR Center: First Year Data Evaluation and Results-Based Accountability Dashboard”, Item 41, September 24, 2019 Berkeley City Council meeting. 4 https://www.theguardian.com/us-news/2019/oct/30/homeless-deaths-los-angeles-county

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Establishing the Emergency Outdoor Shelter ACTION CALENDAR January 21, 2020
3 permanent housing. In the next month, we want to prevent anyone from dying of exposure.

Emergency outdoor shelters should be seen only as a temporary fix. Berkeley must continue to build permanently affordable housing and provide comprehensive services to lift people out of homelessness, prevent displacement and move into homes. However, despite our recent gains, we are still unable to serve all homeless people in Berkeley simultaneously, and there are still gaps in service. An emergency outdoor shelter with durable tents and sanitation services is a short term option that is safer and cleaner than the status quo of unsanctioned camping throughout the City. The intention of this item is to create a limited number of sanctioned encampments operated in an organized fashion.

The emergency outdoor shelter has a 180 day suggested length of stay. The goal is that no individual will remain for an extended period of time as placement in an indoor navigation center or permanent housing are more appropriate mid- and long-term options.

The state of California has declared a shelter emergency 5 as has the City of Berkeley. 6 Berkeley’s shelter beds are at capacity just about every night. The demand for beds is great – according to the Point in Time count, 98% of survey respondents said that they want to find permanent housing. At present, the need far outweighs the available beds, and it is time to look at other, temporary options.

Establishing a limited number of emergency outdoor shelters would represent a positive step for the housed Berkeley community as well. Lack of sanitation services, garbage collection, and potable water can spread infection and disease. Currently, rather than investing in resources to address these important issues, significant resources are being spent on enforcement, simply moving the issues elsewhere in Berkeley. The benefit of an emergency outdoor shelter is the ability to choose the most appropriate location, and provide appropriate services, rather than current disorder.

At the September 10, 2019 City Council meeting, unhoused people and their advocates attended with signs 7 that read “Where Do We Go?” There is currently a community of about 100 individuals living in tents or on the street in the area surrounding the I-80 freeway entrance on University Avenue. People live on a combination of City of Berkeley parkland and CalTrans-owned medians. CalTrans police chase residents onto City land, then City land pushes residents back onto CalTrans property, and there are no locations in this vicinity where any number of people can sleep safely. Various public agencies regularly threaten the residents of this property with permanent eviction. Sleeping in parks has long been prohibited by BMC 6.32.020.

A possible location is at 611-639 University Ave, beneath the bridge connecting Fourth St and the Waterfront. It is a City-owned 8 lot surrounded by light industry manufacturing 5 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB932 6 “Extension of Housing Crisis Declaration.” Item 10, October 31, 2017, Berkeley City Council meeting. 7 http://berkeley.granicus.com/MediaPlayer.php?publish_id=627e4d8c-d4ce-11e9-b703-0050569183fa 8 Attachment 4

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Establishing the Emergency Outdoor Shelter ACTION CALENDAR January 21, 2020
4 to the North, South, and East, and I-80 and Eastshore Highway to the West, so located outside of residential or commercial zones. There are currently about 15 tents set up in an alley between the lot in question and an industrial plant at 1930 Second St. The 611- 639 University lot is mostly empty, with some room used to store old pipes, shipping containers, and other disused pieces of construction equipment.

Regardless of current use, the lot has room for about 15 tents from east to west (judging by the number of tents that are already along the north side of the lot) and, by estimate, room for about 5-8 tents from north to south. Arranged into a grid, there is the potential for up to 75-120 tents on this parcel of City-owned but under-utilized property.

Beyond simply being owned by the City of Berkeley, there are other amenities that make it a strong candidate for the location of an emergency outdoor shelter. It is surrounded on all sides by MULI (light industrial manufacturing), so the emergency outdoor shelter will not disturb residential or commercial neighbors. 9 Moreover, is not visible from I-80. The lot is adjacent to areas where unhoused people are currently living, thus transferring to this location would permit this community to stay together. There is a water main about 15 feet from the lot line (see attached pictures). The location is three blocks away from the Pathways STAIR Center, about a mile away from Berkeley Mental Health, and accessible via University Avenue and San Pablo Avenue bus routes. 10 The location fits the needs of our unhoused community, and is currently housing only old pipes. It is a smart location for a City-managed emergency shelter.

Other locations should be considered as appropriate. Ideal locations would be owned and/or managed by the City of Berkeley in non-residential zones and be accessible by public transit.

Several other cities have already11 established similar emergency shelters in response to this housing and homelessness crisis. In February, the City of Modesto 12 established several hundred tents under a bridge, where about 300-400 people sleep every night. 13 The project, called the Modesto Outdoor Emergency Shelter (MOES), has proven extremely successful. On September 7, 2019, Gavin Newsom’s Homeless and Supportive Housing Advisory Task Force met in Modesto to “observe best practices firsthand.”14 MOES provides portable bathrooms, showers, and handwashing stations, 9 The Homeless Shelter Crisis Resolution specifies that no planning, zoning, building, or other permit requirements shall be required to the extent that compliance would prevent, hinder, or delay the effects of the shelter crisis. Nonetheless, the site’s classification as mixed use light industrial is an advantage, 10 The proximity to public transportation is a strength of the location though it, like other homeless service providers, would be stronger with dedicated transportation as is called for in Item 33, “Budget Referral:

Transportation to Support Mobility-Impaired Individuals Experiencing Homelessness” from the 11/12/19 Berkeley City Council Meeting.
11 https://www.vice.com/en_us/article/vb9we3/the-homelessness-crisis-is-getting-so-bad-that-cities-are- now-building-their-own-camps
12 https://www.modbee.com/news/local/article226465300.html 13 https://www.youtube.com/watch?v=J_gQ54kZXmA&t=65s
14 https://www.modbee.com/news/local/article234754707.html

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5 nonprofits and agencies bring food, medical, mental health, and rehousing services, and the encampment is fenced and monitored by a security guard. An editorial in the Modesto Bee applauded MOES for “easing some suffering, however temporary.” 15 The Modesto Outdoor Emergency Shelter is in the process of closing because they are transitioning residents indoors into a newly constructed homeless shelter. 16 The MOES was always intended to be temporary until long-term accommodations could be constructed, and now that Modesto and Stanislaus County have indoor accommodations for the unhoused, the MOES is being shut down.

The Sacramento Mayor and City Council are also looking at using Modesto’s model. 17 Sacramento, like Berkeley, is in the process of building new shelters and affordable housing developments, but “as the city enters another month in crisis, other alternatives are coming to the fore.”18 Berkeley previously considered outdoor emergency shelters. At the February 13, 2018 Council meeting, the Council referred to the Homeless Commission a series of questions about what an outdoor emergency shelter may look like, including how many residents, who provides facilities, how rules are enforced, etc. (see Attachment 9). In the nearly two years since this referral, homelessness has increased, as has the need for City-designated encampments.

Modesto, Sacramento, and Governor Newsom have all recently concluded that outdoor emergency shelters are an appropriate temporary addendum, and that MOES models best practices for outdoor emergency shelters. Berkeley has the opportunity to learn from Modesto and MOES, and establish a similar outdoor emergency shelter.

Durable Tents
Working with suppliers to provide durable, waterproof tents for those unhoused people who require shelter would be a major step toward improving the health, safety and quality of life of Berkeley’s homeless population. Nearly one third of Berkeley’s homeless population currently lives in tents or makeshift shelters, a number that has doubled in the past two years.19 Creating a space with durable tents would allow this sizeable part of the homeless community to shift away from temporary and potentially unsafe, unsanitary and weather-prone tents.

Health and safety standards call for wood or concrete floors to raise tents off the ground.

Providing wooden pallets underneath tents fulfills this requirement at a low price. If feasible, collecting pallets should be a part of establishing the emergency shelter.

In addition, a portable solar powered system for charging phones, wheelchairs, or other electronics should be provided. Generators are also a possibility, but can be dangerous 15 https://www.modbee.com/opinion/editorials/article234558672.html 16 https://www.abc10.com/article/news/local/modesto/stanislaus-county-prepares-to-close-outdoor- shelter/103-c4b2b17e-e048-4b31-8627-a88fbd8214c2
17 https://www.sacbee.com/news/local/homeless/article234483397.html 18 Ibid.
19 2019 HIRD Report

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Establishing the Emergency Outdoor Shelter ACTION CALENDAR January 21, 2020
6 around so many people. High-quality solar generators are a one-time expense of about $500-800 but will last for years and can provide power to many people.

Modesto established an encampment that now houses approximately 400 people in 290 10x10ft waterproof tents, 20 donated by the Reno-based company Qamp. 21 These tents include a heavy-duty steal frame, screen door, and an insulating heat-reflective roof. 22 These tents are 150D polyester, which has a 200% lifespan compared with average camping tents.23 Partnering with a local company to acquire similarly-sized tents would increase security, community wellbeing and order at the new encampment. Additionally, a 10x10ft space grants homeless individuals a larger, constant and secure location to fit their belongings, exceeding the 9 square feet allocation permitted by the Sidewalk Ordinance.

Other durable tents include those made by ShiftPod,24 and Sweetwater Bungalows25 produces larger tents intended for entire families. The purpose of this item is not to specify a vendor, but to lay out basic criteria for safe tents, including but not limited to:
 Insulation
 Wind resistance
 Solid (easy to set up and take down, but with a durable frame) Since original submission of this item, local fundraising efforts from the unhoused and advocates have been able to replace and weatherize tents for many individuals. If individuals choose to keep their own tents, the City may not need to provide tents for anyone upon initial set-up, though they should be offered to those in need.

Staffing
A successful emergency shelter will require the City or a qualified non-profit providing services its residents or providing referrals to other qualified agencies. All services or referrals to services will be offered but not required. Such services include but are not limited to:
 Coordination of safety and security 24 hours a day
 Governance of the community, including arrangement of the tents  Coordination of volunteerism and donations
 Supportive services (such as case management and integration with existing homeless services)
 Rehabilitative opportunities to support the transition out homelessness 20 https://www.sacbee.com/news/local/homeless/article234483397.html 21 https://qamp.com/products/qamp-tent?variant=35987893763 22 Ibid.
23 https://www.goodcampingtents.com/tent-fabrics/
24 https://shiftpod.com/shiftpod/shelter
25 https://www.sweetwaterbungalows.com/

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Establishing the Emergency Outdoor Shelter ACTION CALENDAR January 21, 2020
7 Modesto partnered with Turning Point Community Programs to manage all of these services.2627 The city also invited other charitable organizations like the Salvation Army28 to assist with shelter management and food services. Berkeley could similarly work with local organizations specialized in such projects or expand existing city government services to the new shelter.

Having a team to supervise the camp and provide case management, psychological services, and job search support for those who choose to utilize them would ensure that the homeless residents have a shot at keeping their stay in the emergency shelter to a minimum. This could be handled similarly to the Pathways project, or through a mechanism similar to that of Modesto’s outsourcing of most service responsibilities to non-profit organizations. The Pathways Center is a “low barrier” shelter with two key rules:
no onsite drug or alcohol consumption, and a zero tolerance policy for abuse and harassment. These same rules would be applicable, and even more important given the close proximity of residents. Engagement with services is encouraged but is not a requirement for staying in the emergency outdoor shelter, as a low-barrier emergency shelter.

The emergency shelter should be open 24 hours a day. Unhoused people want to know where they can go, and if they are removed every morning, that question remains unanswered. Many unhoused people do not utilize traditional shelters because they work nights and need to sleep when the shelter is closed. However, most shelters have limited hours because they provide extensive services, meals, and other amenities, and do not have the resources to maintain this level of service all day. If there is a direct tradeoff between hours of operation and the depth of service, this referral prioritizes hours of operation.

A safe and secure environment is vital to the success of the project. A designated, limited space that would not allow extending tents on to surrounding streets is preferred. Setting up a fence and hiring a security team, as was done in Modesto, 29 would be one way to achieve this goal, though the lot at 611 University already has a fence surrounding it. Just as in Modesto, the need for security would have to be balanced with limited restrictions on entry and exit. Regulating permitted activities and items brought into the camp would also help ensure improved safety for its residents. Mobility around the camp can be ensured by capping the amount or size of possessions at what residents can fit in their own tents. A ban on bonfires would drastically reduce the risk to health and life of residents.
26 https://www.tpcp.org/programs/moes/
27 https://www.abc10.com/article/news/local/modesto/modesto-homeless-community-to-leave-beard- brook-for-new-location/103-622123290
28 http://www.stancounty.com/bos/agenda/2019/20190226/DIS01.pdf 29 https://www.sacbee.com/news/local/homeless/article234483397.html

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8 Staff should include one program and site manager to oversee the program, two outreach coordinators, and two housing navigators to assist the residents with finding permanent housing.

Toilets and Handwashing Stations
The potential for disease in compact outdoor emergency shelters is significant, and decreases dramatically with adequate access to handwashing.30 In 2017, three counties in California experienced an unprecedented hepatitis A outbreak that was primarily carried by the homeless population. 31 As part of the response, San Diego County implemented 160 new handwashing stations, which was highly influential in curbing the spread of the disease. 32 The Here/There encampment on Ashby and Adeline has a portable toilet and handwashing station that was donated by Friends of Adeline, 33 because proper sanitation for the homeless is beneficial to entire communities.

The City is making progress setting up public restrooms across the City, which is a positive development. However, restrooms spread throughout the City do not meet the needs of a single community. A highly concentrated group of people (as currently exists on CalTrans land) will have more intense restroom needs, and the City should establish restrooms to account for those needs.

There is a water pipe just northwest of the lot at 611-639 University (see Attachment 5) and while the toilet may be portable, there is the possibility to install a real handwashing station with running water, which would reduce the costs to refill a reservoir. Even if the City decides that both the toilet and handwashing station are to be portable, the proximity to potable water provides options.

Mobile Shower Services
Berkeley has an ongoing partnership with Lava Mae, a mobile shower charity. Access to showers prevents disease and allows unhoused people to live in dignity. In addition to showers, Lava Mae and other organizations such as Dignity On Wheels also organize day-long “care villages” that provide dental care, haircuts, clothing, vaccinations, and other services. For several months Lava Mae has been operating at two pilot locations in near the STAIR Center and at the Progressive Baptist Church. 34 However, according to City staff, Lava Mae is relocating their South Berkeley location to West Oakland. The mobile shower program has been extremely successful and has improved quality of life for unhoused people in Berkeley. Rather than sending those services to Oakland, we 30 https://www.cdc.gov/handwashing/why-handwashing.html 31 https://www.mercurynews.com/2017/10/02/california-scrambles-to-contain-deadly-hepatitis-a- outbreaks/
32 https://www.sandiegocounty.gov/content/dam/sdc/cosd/SanDiegoHepatitisAOutbreak-2017-18- AfterActionReport.pdf
33 https://www.berkeleyside.com/2017/07/18/homeless-camp-city-berkeley-want-bathroom 34 file:///C:/Users/sbarnard/Downloads/2019-09-
10%20Item%2066%20Referral%20Response%20Lava%20Mae%20Mobile%20(1).pdf

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Establishing the Emergency Outdoor Shelter ACTION CALENDAR January 21, 2020
9 should expand them. Any sanctioned encampment will need some shower services for simple sanitary purposes, and by bringing them to Second and University, Berkeley can reinstate the previous practice of having mobile showers twice weekly, at two separate locations. Reinstating services at this location should not preclude finding other strategic locations for mobile shower services in Berkeley.

The City of Berkeley previously partnered with the Alameda County Mobile Healthcare for the Homeless 35 program which is on hiatus due to staffing shortages. The program brings primary care to homeless individuals free of charge. If the program resumes service in Berkeley, a partnership with them will help keep residents sanitary and healthy.

Trash Pickup
On June 4, 2019 the Modesto City Council voted unanimously to perform garbage removal and disposable services for the Outdoor Emergency Shelter (see Attachment 2).

Reliable garbage pickup is crucial to the success of any homeless services. Excessive garbage is highly detrimental to all City residents, as it is unsightly and can attract rodents and disease. Currently there is a rodent infestation at the encampments on University and Frontage Road negatively affecting quality of life for the residents and visitors to the Marina. To prevent this in the future, we need reliable garbage pickup. Housed Berkeleyans have their garbage removed and disposed of once a week. Unhoused people oscillate between having nothing, and having all of their belongings removed that do not fit in nine square feet, whether it is garbage or not.

As a part of regular refuse pickup, the City or coordinating agency should provide sharps containers or other forms of safe needle disposal. Approximately 8% of homeless adults in the United States have diabetes, 36 and there are many other diseases that require sharps to mediate, including arthritis, hepatitis, HIV/AIDS, blood clotting disorders, and others.37 Regardless of why an individual may need a sharp, safe disposal is critical to prevent the spread of infection. Putting sharps in the garbage is insufficient and can harm zero waste employees. 38 Sharps boxes can be purchased at drugstores and are inexpensive, but are crucial to the health and safety of all involved.

There is enormous need for refuse services for the homeless population. Early reports on enforcement of the Sidewalk Ordinance indicate that thousands of pounds of refuse have already been removed, since implementation began six months ago. Many complaints regarding homelessness to Council offices and 311 are concerning garbage and illegal dumping. All residents of Berkeley deserve clean streets, and refuse removal will provide not only cleanliness and safety to homeless residents, but more harmony among the community at large as well.
35 https://www.achch.org/mobile-health.html
36 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4318300/ 37 https://www.fda.gov/medical-devices/consumer-products/safely-using-sharps-needles-and-syringes- home-work-and-travel
38 Ibid.

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10 Initiating refuse service is a process typically initiated by the property owner 39 and performed by the Customer Service Division. Because 611-639 University is owned by the City of Berkeley, this item refers the initiation of refuse services to the City Manager.

REVIEW OF EXISTING PLANS AND POLICIES
The Strategic Plan includes several goals and priorities that are in line with an emergency outdoor shelter, including creating housing support services for our most vulnerable community members and fostering a resilient and connected City. The purpose of an emergency outdoor shelter is to provide basic shelter needs to the most vulnerable as a City, not relying on private development to do so.

The 1000 Person Plan is a comprehensive plan to permanently end homelessness. It costs between $16 million and $20 million, depending on the depth of housing subsidies.

The emergency outdoor shelter is not intended to supersede the 1000 Person Plan, but complement its goals and efforts. Finding 2 in the 1000 Person Plan says that our system is serving a progressively smaller percentage of the literally homeless population every year, and the emergency outdoor shelter is a low-barrier way to serve more literally homeless people.

ALTERNATIVES CONSIDERED
At roughly $615,000 yearly, this proposal costs less than any aspect of the 1000 Person Plan except for outreach. Concentrating where people living on the streets makes outreach simpler and more cost effective.

With a goal of a 180 day stay, this shelter should serve about 150 people annually. This is equivalent to about $4,100 per person or about two months’ rent at the market rate.

Direct subsidies are possible alternative, but direct subsidies cannot serve as many people for as long as an emergency outdoor shelter. In addition, there is currently limited market rate housing to be had.

FINANCIAL IMPLICATIONS
The costs below could be considered most appropriate coming from Measure P funds allocated for Shelter and Temporary Accommodations or the General Fund, with the possibility of future funding from Homeless Housing, Assistance, and Prevention (HHAP) funds or other funds.

Please see Attachments 6 and 7 for a full breakdown on cost. Health, Housing, and Community Services provided a cost estimate, and we removed a number of line items to reflect the needs laid out in the item above. The emergency outdoor shelter is intended as an emergency measure, less service-intensive than a navigation center, and thus does not include a community tent and significantly cuts down on staff members. In addition, in April of this year staff elected not to fund community meals through our standard homeless services programming. Furthermore, in the interim, some of the line items in 39 https://www.cityofberkeley.info/Customer_Service/Home/Refuse__Start,_Stop,_or_Change_Service.aspx

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11 the staff memo are being funded through other sources. The Clean and Livable Commons Initiative was funded and includes money for Port A Potties and dumpsters. Other Measure P monies were already allocated for rapid rehousing, thus we did not include that in the budget for this emergency shelter in particular.

In addition, this measure would reduce enforcement costs. The City expends significant resources in both the City Manager’s office and the police force by moving unhoused individuals from place to place. By providing a place where people can go, this staff time can be directed back towards neighborhood services and curbing criminal behavior.

ENVIRONMENTAL SUSTAINABILITY
Regular refuse removal will decrease littering and illegal dumping, in line with the City’s Zero Waste goals.

CONTACT PERSON
Councilmember Kate Harrison, Council District 4, (510) 981-7140

ATTACHMENTS
1: Summary of Point in Time Count, 2019.
2: Modesto City Ordinance 2019-254.
3: City Officials Suddenly Support Homeless Tent Cities, Car Camps in Sacramento Neighborhoods, Sacramento Bee, August 29, 2019.
4: Map of 2nd and University and surrounding areas.
5: Pictures of 2nd and University and surrounding areas. 6: Health, Housing, and Community Services Memo on potential costs 7: Edited HHCS Memo on Costs
8: BMC Article 9 Section 19.28.100 Section N106
9: Supplemental 3 to Item 38a, “First They Came For The Homeless Encampment” at February 13, 2018 Berkeley City Council Meeting.

Attachment 2Page 65 of 84Page 70 of 89

City of Berkeley
2019 EveryOne Counts
Homeless Point-in-Time Count & Survey
Every two years, during the last 10 days of January, communities across the country conduct comprehensive counts of people experiencing homelessness in order to measure the prevalence of homelessness in each local community.

The 2019 Alameda County EveryOne Home Point-in-Time Count was a community-wide effort conducted on January 30th, 2019. In the weeks following the street count, a survey was administered across Alameda County. In the city of Berkeley, 257 unsheltered and sheltered homeless individuals were surveyed in order to profile their experience and characteristics.

Sheltered/ Unsheltered Population
73%
Unsheltered
n=813
27%
Sheltered
n=295
Sheltered/Unsheltered Population by City
Union City
Livermore
0 Sheltered
74 Sheltered
178
Unsheltered
344
Unsheltered
Dublin Pleasanton
Albany
115
Sheltered
0 Sheltered
372
Unsheltered
106
Unsheltered
Unincorporated
Piedmont
Total
1,710
Sheltered
6,312
Unsheltered
Fremont
0 Sheltered
0 Sheltered
8 Unsheltered
70 Unsheltered
Newark
Hayward
295
Sheltered
0 Sheltered
813
Unsheltered
0 Unsheltered
Emeryville
Berkeley
Oakland
0 Sheltered
861
Sheltered
35 Unsheltered
3,210
Unsheltered
Alameda
123
Sheltered
28 Sheltered
485
Unsheltered
321
Unsheltered
99 Sheltered
30 Sheltered
132
Unsheltered
59 Unsheltered
San Leandro
179
Unsheltered
85 Sheltered
Duration of
Current Episode
of Homelessness
3%
30 Days or
Less
26%
1-11 Months
64%
1 Year or More
Primary Causes of
Homelessness
Top 6 Responses
18%
Lost
Job
17%
Eviction/
Foreclosure
15%
Mental Health
Issues
12%
Substance
Use Issues
10%
Family/Friends
Couldn’t Afford
to Let Me Stay
10%
Incarceration
27%
Benefits/
Income
27%
Employment
Assistance
26%
Rent
Assistance
21%
Mental Health
Services
Top 4 Responses
What Might Have
Prevented
Homelessness
Unsheltered Population by Location
2%
Abandoned
Building
(13)
19%
Car/Van
(157)
20%
RV
(161)
31%
Tent
(251)
28%
Street/
Outside
(231)
Residence Prior
to Homelessness
73%
Alameda County 16%
5-9 Years
48%
10 Years+
Length of Time
in Alameda County
14%
< 1 Year
18%
1-4 Years
How New
Money
Should Be
Spent
58%
Affordable
Rental
Housing
29%
Permanent Help
with Rent/
Subsidies
28%
Substance Use/
Mental Health
Services
22%
Housing with
Supportive
Services
43%
Employment
Training/Job
Opportunities
19%
24/7 Basic
Sanitation
Homeless Census Population
58+66+76
834
2015
972
2017
1,108
2019
33%
Rent
Assistance

Attachment 2Page 66 of 84Page 71 of 89

1+1<1% 1%
Native Hawaiian/
Other Pacific
Islander
28+60
29%
60%
White
57+9
9%
57%
Black/
African American
1+201%
20%
Asian
4+13% 1%
American
Indian/
Alaska Native
10+7
10% 7%
Multiple
Races/Other
12+11
Latinx/
Hispanic
12% 11%
Alameda County will release a comprehensive report of the 2019 EveryOne Home Homeless Count and Survey in Summer 2019. For more information about EveryOne Home and efforts to address homelessness in Alameda County please visit www.EveryOneHome.org For definitions, additional information on methodology or efforts to address homelessness, visit www.everyonehome.org.

Source: Applied Survey Research, 2019, Alameda EveryOne Home Homeless Count & Survey, Watsonville, CA. 42%
Psychiatric/
Emotional
Conditions
Health
Conditions
Current health
conditions
reported by survey
respondents.
32%
Alcohol &
Drug Use
28%
Chronic
Health
Problems
PTSD
31%
Post-Traumatic
Stress Disorder
28%
Physical
Disability
15%
Traumatic
Brain
Injury
6%

HIV/ AIDS
Related
Illness
41% of survey
respondents reported
having at least one
disabling condition.

Disabling
Conditions
A disabling condition is defined by HUD as a developmental disability, HIV/ AIDS, or a long-term physical or mental impairment that impacts a person’s ability to live independently, but could be improved with stable housing.

Subpopulations
59%
Unsheltered
41%
Sheltered
Chronically Homeless | 387 People
74%
Unsheltered
26%
Sheltered
Veterans | 81 People
71%
Unsheltered
29%
Sheltered
Unaccompanied Youth and Young Adults | 82 People
Household Breakdown
0%
Unsheltered
100%
Sheltered
Families | 51 People in 19 Households
100%
Unsheltered
0%
Sheltered
Unaccompanied Youth | 1 Person
77%
Unsheltered
23%
Sheltered
Single Adults | 1,056 People in 1,008 Households
3%
Under 18
8%
18-24
73%
25-59
17%
60+
Age
14% of survey
respondents identified
as LGBTQ+.

LGBTQ+ Status
Gender
66%
Male
33%
Female
1%
Transgender
1%
Gender
Non-Binary
15%
18-24
23%
40-49
8%
50-64
1%
65+
11%
0-17
Age at First Episode
of Homelessness
31%
25-39
First Episode of
Homelessness
25% of those experiencing
homelessness for the first time
were homeless for one year or more.
28% Yes
Not Interested
in Housing
2% of survey
respondents said they
were not interested in
Independent, Affordable
Rental Housing or Housing
with Supportive Services.

Ethnicity
Race and Ethnicity Compared to General Population
2019 Homeless Population 2017 General Population
Race

Attachment 2Page 67 of 84Page 72 of 89

06/04/2019/PRND/KGallagher/Item 6 1 2019-254

MODESTO CITY COUNCIL
RESOLUTION NO. 2019-254

RESOLUTION APPROVING THE AGREEMENT WITH BERTOLOTTI
MODESTO DISPOSAL INC., CERES, CA, TO PERFORM GARBAGE

REMOVAL AND DISPOSAL SERVICES AT THE MODESTO OUTDOOR

EMERGENCY SHELTER AND FOR HOMELESS ENCAMPMENT BLIGHT

REMOVAL BY THE MODESTO POLICE DEPARTMENT BEAT HEALTH
UNIT THROUGH MAY 31, 2021 FOR A TOTAL AMOUNT NOT TO EXCEED $150,000; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE THE AGREEMENT

WHEREAS, in response to an emerging
and concentrated homeless population
precipitated by recent legal developments and case law the City permitted a temporary homeless encampment at Beard Brook Park, and
WHEREAS, the Modesto Police Department (MPD) established a blight abatement team to assist with on-going City efforts in city-wide cleanup and the temporary encampment at Beard Brook Park, and
WHEREAS, the City established a temporary outdoor shelter underneath the 9 th Street Bridge known as the Modesto Outdoor Emergency Shelter (MOES) to accommodate
the growing number of homeless individuals which Beard Brook Park could no longer sustain, and
WHEREAS, the maintenance and cleanup of both encampments required extensive use of garbage and disposal services which nearly depleted the city-wide blanket purchase order, and
WHEREAS, the Finance Purchasing Division issued an emergency purchase agreeme
nt, not to exceed $50,000, with Bertolotti Disposal designated to cover MOES expenses through December 31, 2019, and

Attachment 2Page 68 of 84Page 73 of 89

06/04/2019/PRND/KGallagher/Item 6 2 2019-254
WHEREAS, funding for the emergency purchase agreement has been exhausted, and
WHEREAS, the City and Bertolotti desire to enter into a new purchase agreement to include garbage and disposal services for MOES and for MPD’s Beat Health expenses for illegal homeless camps and dumping to capture all costs related to encampment cleanup, and
WHEREAS, the total amount for MOES garbage and disposal services through December 31,
2019 is $105,000, and
WHEREAS, the total amount for MPD’s Beat Health homeless encampment blight removal through May 31, 2021 is $45,000, and
WHEREAS, the total amount of the agreement with Bertolotti for both MOES and homeless encampment blight removal by MPD’s Beat Health Unit is $150,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves
the agreement with Bertolotti Modesto Disposal Inc., Ceres, CA, to perform garbage removal and disposal services at the Modesto Outdoor Emergency Shelter and for MPD Beat Health homeless encampment blight removal by the Modesto Police Department Beat Health Unit through May 31, 2021 for a total amount not to exceed $150,000.

BE IT FURTHER RESOLVED,
that the City Manager or his designee is
authorized to execute the Agreement, in a form approved by the City Attorney.

Attachment 2Page 69 of 84Page 74 of 89

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of June, 2019, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Madrigal, was upon roll call carried and the resolution adopted by the following vote:

Councilmembers:AYES: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:

STEPHANIE LOPEZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

ADAM U. LINDGREN, Citjmttomey
06/04/2019/PRND/KGallaghei, Item 6 3 2019-254

Attachment 2Page 70 of 84Page 75 of 89

As homeless men, women and children in Sacramento wait for three new large shelters to open, another model that local officials have repeatedly rejected over the years is now quickly gaining traction.

The “safe ground” model – essentially creating an area where homeless people can live safely in tent cities or in cars – has not been a part of Mayor Darrell Steinberg’s homeless plan. Steinberg has instead been pushing hard for large shelters with rehousing services. But as the city enters its fifth month without a city-run shelter, other alternatives are now coming to the fore.

Councilman Jeff Harris was previously opposed to the “safe ground” model, along with most of the council aside from Councilman Allen Warren. Now, Harris is proposing the city open a temporary homeless camp similar to one Modesto and Stanislaus County opened earlier this year.

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Attachment 2Page 71 of 84Page 76 of 89

“To get from today until we stand up more shelter beds, which we desperately need, I suggest we take a look at the safe ground model,” Harris said.

Harris and city staff earlier this month traveled to Modesto to check out that model. He liked what he saw.

The camp, officially called the Modesto Outdoor Emergency Shelter, opened underneath a bridge in a regional park in February. It holds roughly 400 campers who sleep in about 290 white and blue 10-foot-by-10-foot tents donated by a Reno company called Qamp, said Doug Halcomb, the camp’s operations manager.

Local officials provide portable bathrooms and wash stations, and nonprofits provide at least one meal a day, Halcomb said. The camp is fenced in and has two full-time security guards to ensure safety. Providers come to offer medical, mental health and rehousing services to campers.

Sacramento-based organization Turning Point handles the day-to-day operations, Halcomb said. “When I came back from Modesto, I went to the River District and there were more than 150 camps on one city block,” Harris said during a meeting earlier this month. “People were sleeping on the street, defecating in the open. I mean, it’s a mess. This is our city. And this is my district.

And that’s what I saw when I came home and I thought, why don’t we do it? Why don’t we try a safe ground model and try to control some of these issues?” Explore where you live.

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9/30/2019https://www.sacbee.com/news/local/homeless/article234483397.html

Attachment 2Page 72 of 84Page 77 of 89

Opening a “safe ground” for campers could also be cost effective; Harris estimates well under $1 million. By comparison, the two 100-bed shelters the council approved Tuesday will cost more than $20 million to open and operate for two years.

Harris suggested the tent city open next month and close in the spring, after a shelter under the W/X freeway opens. He has a few location ideas in his district – which includes the American River, East Sacramento, South Natomas and part of north Sacramento – but is not sure if they will work.
“It’s not a solution. It’s a way to get from here to there and mitigate the deep impacts on the street in the short term and create safety and hygiene,” Harris said.

Harris previously proposed a shelter site on Cal Expo property, but Cal Expo has not yet approved it.

City Hall has long debated the tent city model. In 2016, a delegation of 20 Sacramento officials toured tent facilities in Seattle, where a network of camps has existed for years. Some officials expressed support for the Seattle model, but the issue was soon dropped.

Councilman Rick Jennings, also struggling to find a site for a large shelter in his south Sacramento district, is pushing for the city to open “safe parking zones,” essentially a safe ground model for car camping.

Volunteers canvassing the county in January found four times the number of vehicles where people were living than they counted in 2015. Researchers estimate people were sleeping in at least 340 vehicles in the county. This included approximately 100 children. Most of the vehicles were in the city of Sacramento.

The City Council on Tuesday asked staff to come back with a plan for both models. Jennings said he hopes staff can come back with a plan, including costs and potential sites for safe parking zones, within 30 days. He wants to start with a pilot program for about six months. If it goes well, he wants to open more.
“We’re going to look at every possibility within our district, from businesses to nonprofit partners to community centers to parks,” Jennings said Wednesday. “We’re going to look and see if there’s an opportunity at every single one to put a pilot in place so we can get some results.” Steinberg is supportive of both ideas, he told The Sacramento Bee Wednesday. “I applaud my colleagues who are working to find creative solutions to our community’s greatest challenge,” Steinberg said in a statement. “Our goal is to get people under a roof with the help they need as quickly as possible. I support any efforts to make their plight even a little better as we aggressively help people get inside.”
Tents have been assembled in preparation for the new homeless camp under the Ninth Street Bridge at Gateway Park in Modesto, Calif., Tuesday, Feb. 19, 2019. Andy Alfaro [email protected]

9/30/2019https://www.sacbee.com/news/local/homeless/article234483397.html

Attachment 2Page 73 of 84Page 78 of 89

Crystal Sanchez, a homeless activist who visited the Modesto site earlier this year, has been urging local officials to replicate the model here. She and other activists, including civil rights attorney Mark Merin, urged Sacramento County Board of Supervisors members to create a safe ground at the former San Juan Motel lot on Stockton Boulevard, where Sacramento Sheriff’s deputies cleared out dozens of campers earlier this year. They didn’t go for it. “Modesto is utilizing what is already in place to help their homeless population,” Sanchez said. “It is a full-scaled organized community ... It is cost effective and involves every aspect of the community. The local government and the community grassroots have been doing what they do to help.”
The Sacramento Regional Coalition to End Homelessness also supports the model as a temporary response until there is enough affordable housing.
“Safe ground means that people experiencing homelessness can camp without fear of harassment from law enforcement and can come and go without the fear that all their possessions have been taken or destroyed,” Bob Erlenbusch of SRCEH said. “Equally important is that they can get a good night’s sleep without fear of violence from predators who prey on vulnerable people.” James “Faygo” Clark, a local well-known homeless activist, said he is in favor of a safe ground model that rotates locations periodically.
“It would allow people a place to begin to stabilize and move forward,” Clark said. “They would need private security, access to trauma-informed services, access to water, sanitation, and trash pickup to succeed. We should also work to ensure that such encampments give the unhoused a voice in their operation.”
Warren, who proposed safe ground sites on his property years ago, said he still supports the model. “I started on this three years ago and the council wasn’t prepared at that time,” Warren said. “They seem more willing now.”
Merin and other activists in January 2017 proposed a “safe ground” site near Sacramento Army Depot off Florin Perkins Road.

Councilman Eric Guerra, who represents that area, opposed it, and so did his colleagues.

Now, Guerra, also struggling to find a site for a large shelter, appears to be supportive of a safe parking zone in his south Sacramento district.

Guerra Tuesday suggested staff contact the nonprofit Power Inn Alliance to see if any parking lots could be used in the industrial area for nighttime car camping. A representative for the Power Inn group was unavailable for comment.

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9/30/2019https://www.sacbee.com/news/local/homeless/article234483397.html

Attachment 2Page 74 of 84Page 79 of 89

Attachment 2Page 75 of 84Page 80 of 89

Attachment 2Page 76 of 84Page 81 of 89

Attachment 2Page 77 of 84Page 82 of 89

Attachment 2Page 78 of 84Page 83 of 89

Attachment 2Page 79 of 84Page 84 of 89

# of People 50
Intensive Services? Yes
Self Governed? No
MATERIALS (Start‐up)
Item
Number/
Quantity Cost Notes
Tents 50 $22,00 0 Assumes $400 per unit Qamp tent, with none donated Pallets + Plywood 50 $2,64 4 Assumes 10'x10' wooden pallet foundation with plywood cover Lighting 6 $6,600 Purchased parking lot  flood lamps for site lighting Generators 2 $12,00 0 Power supply for site. Could be substituted for solar panels, though under‐bridge site may complicate solar access.

Misc Supplies $10,000 Toilet paper, linens and towels, cleaning supplies, tarps for rain, etc.

Furniture/sleeping bags/etc. $20,000 Assumes every client provided a sleeping bag + sufficient for replacements; plus staff and common area furniture.

Staff Shelter 1 $4,400 16'x10'  shed that can house staff + desks, supplies Community tent 1 $200 for  common space, meals, etc
Communications $2,000 Staff  laptops, cell phones
Drinking Water 12775 $30,66 0 Assumes 0.7 gallons per person per day in water consumption. No City water connection. 10'x12' sheds for storage 4 $2,800 For  storage of client belongings TOTAL $113,304

OPERATIONS
Item
Number/
Quantity Cost Notes
Shower truck $27,000 Annual rental/365 days for a 24 ft, 6 stall shower trailer. Does not include water expense.

Port‐a‐potties and
handwashing (per each) 4 $52,000 1  toilet per 15 of each gender required per Berkeley Min Health and Safety Ordinance (2017). Assumes  ADA with daily servicing 20 yard dumpster and weekly
service $39,840 Berkeley  Zero Waste annual fee for 20 yard dumpster with 1x/week trash collection Medical Waste/ sharps disposal $2,400 Assumes  monthly service with a qualified vendor
Flex Funding/RRH 100 $600,00 0 Only applies if this is a service‐intensive program 1 meal/day 18250 $109,50 0 Only applies if this is a service‐intensive program IT, facilities maintenance $10,000 Budget for repairs and communications network maintenance Insurance $2,000 Liability  and property
Indirects (@ .15) 0.1 $172,02 4
Generator operations $72,000 To power site/lighting plus shower trailer TOTAL $1,086,764

STAFFING
Position FT
E Cost Notes
Program and Site Manager 1 $75,00 0 Oversees program and provides security Program Coordinators 7 $350,00 0 Staffing level depends on program governance structure Housing Navigators 2 $120,00 0 Only applies if this is a service intensive program Outreach Coordinators 2 $130,00 0 Linked to encampment resolutions Benefits (@30%) 0.3 $202,50 0 Medical, dental, PTO
TOTAL $877,500

Attachment 2Page 80 of 84Page 85 of 89

# of People 50
Intensive Services? Yes
Self Governed? No
MATERIALS (Start‐up)
Item
Number/
Quantity Cost Notes
Tents 50 $22,00 0 Assumes $400 per unit Qamp tent, with none donated Pallets + Plywood 50 $2,64 4 Assumes 10'x10' wooden pallet foundation with plywood cover Lighting 6 $6,600 Purchased parking lot  flood lamps for site lighting Generators 2 $12,00 0 Power supply for site. Could be substituted for solar panels, though under‐bridge site may complicate solar access.

Misc Supplies $10,000 Toilet paper, linens and towels, cleaning supplies, tarps for rain, etc.

Furniture/sleeping bags/etc. $20,000 Assumes every client provided a sleeping bag + sufficient for replacements; plus staff and common area furniture.

Staff Shelter 1 $4,400 16'x10'  shed that can house staff + desks, supplies Community tent 1 $200 for  common space, meals, etc
Communications $2,000 Staff  laptops, cell phones
Drinking Water 12775 $30,66 0 Assumes 0.7 gallons per person per day in water consumption. No City water connection. 10'x12' sheds for storage 4 $2,800 For  storage of client belongings TOTAL $113,304

OPERATIONS
Item
Number/
Quantity Cost Notes
Shower truck $27,000 Annual rental/365 days for a 24 ft, 6 stall shower trailer. Does not include water expense.

Port‐a‐potties and
handwashing (per each) 4 $52,000 1  toilet per 15 of each gender required per Berkeley Min Health and Safety Ordinance (2017). Assumes  ADA with daily servicing 20 yard dumpster and weekly
service $39,840 Berkeley  Zero Waste annual fee for 20 yard dumpster with 1x/week trash collection Medical Waste/ sharps disposal $2,400 Assumes  monthly service with a qualified vendor
Flex Funding/RRH 100 $600,00 0 Only applies if this is a service‐intensive program 1 meal/day 18250 $109,50 0 Only applies if this is a service‐intensive program IT, facilities maintenance $10,000 Budget for repairs and communications network maintenance Insurance $2,000 Liability  and property
Indirects (@ .15) 0.1 $172,02 4
Generator operations $72,000 To power site/lighting plus shower trailer TOTAL $1,086,764

STAFFING
Position FT
E Cost Notes
Program and Site Manager 1 $75,00 0 Oversees program and provides security Program Coordinators 7 $350,00 0 Staffing level depends on program governance structure Housing Navigators 2 $120,00 0 Only applies if this is a service intensive program Outreach Coordinators 2 $130,00 0 Linked to encampment resolutions Benefits (@30%) 0.3 $202,50 0 Medical, dental, PTO
TOTAL $877,500

Attachment 2Page 81 of 84Page 86 of 89

Article 9. Emergency Housing

19.28.100 Emergency Housing and Emergency Housing Facilities.

HCD Appendix N of the 2016 California Building Code is adopted on an emergency basis and reproduced in its entirety subject to the modifications thereto which are set forth below:

APPENDIX N - EMERGENCY HOUSING
SECTION N106

TENTS AND MEMBRANE STRUCTURES
N106.1 General. Tents and membrane structures shall not be used to house occupants for more than 7 days unless such tents and membrane structures are maintained with tight wooden floors raised at least 4 inches (101.6 mm) above the ground level and are equipped with baseboards on all sides to a height of at least 6 inches (152.4 mm). Tents and membrane structures may be maintained with concrete slabs with the finished surface at least 4 inches (101.6 mm) above grade and equipped with curbs on all sides at least 6 inches (152.4 mm) high.

A tent or membrane structure shall not be considered a suitable sleeping place when it is found necessary to provide heating facilities in order to maintain a minimum temperature of 50 degrees Fahrenheit (10 degrees Celsius) within such tent or membrane structure during the period of occupancy.

Tents and membrane structures shall comply with Chapter 31 of the California Fire Code and shall not be erected for a period of more than 180 days within a 12 month period. Tents and membrane structures shall be limited to one level located at the level of Fire Department vehicle access road or lane. Tents and membrane structures complying with Chapter 31 of the California Fire Code shall not be subject to additional provisions of Sections N111 and N112 of this appendix.

Attachment 2Page 82 of 84Page 87 of 89

Tents and membrane structures used for sleeping purposes shall be equipped with single station battery powered smoke alarms installed in accordance with Section 907.2.11 of the California Fire Code.

Attachment 2Page 83 of 84Page 88 of 89

Attachment 2Page 84 of 84Page 89 of 89

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

CONSENT CALENDAR
September 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 29, 2022

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Total estimated cost of items included in this report is $15,891,000.

PROJECT Fund Source Amount
On-Call Consultant for
American With Disabilities
Act (ADA) Support
Services
501
011
Capital
Improvement
Discretionary
$300,000
Sanitary Sewer
Rehabilitation Project:

Urgent Project at Various
Locations
611 Sanitary Sewer
Operation $1,211,000
Sanitary Sewer
Rehabilitation Project:

Hearst, Et. Al.
611 Sanitary Sewer
Operation $6,380,000
City Fleet EV Charing
Stations – Corp Yard &
2180 Milvia
501 Capital
Improvement $850,000
Sanitary Sewer 611 Sanitary Sewer $7,150,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council September 29, 2022 Approval on September 29, 2022

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Rehabilitation Project:

Parnassus, Et. Al.

Operation
Total: $15,891,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council September 29, 2022 Approval on September 29, 2022
Attachment:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 29, 2022
a. On-Call Consultant for American With Disabilities Act (Ada) Support Services b. Sanitary Sewer Rehabilitation Project: Urgent Project at Various Locations c. Sanitary Sewer Rehabilitation Project: Hears, Et. Al. d. City Fleet EV Charging Stations – Corp Yard & 2180 Milvia e. Sanitary Sewer Rehabilitation Project: Parnassus Et. Al.

Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: September 13, 2022
Attachment 1
1 of 2

SPECIFICATI
ON NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT
NAME &
PHONE
23-11543-C On-Call
Consultant for
American with
Disabilities Act
(ADA) Support
Services
9/30/2022 10/13/2022 Americans with Disabilities
Act (ADA) consulting
services on an ongoing
and back up basis for its
Disability Compliance
Program. Including support
for:
•
Intake/evaluation/response
to ADA compliance
complaints
• Coordinate ADA
Transition Plan
implementation
• Consult on Building and
CIP projects for ADA
compliance
• Staff Commission on
Disability Meetings
• Provide ADA Training
• Respond to daily ADA
related inquiries
$300,000 501-54-624-698-0000-
000-431-665110
011-54-624-698-0000-
000-431-665110
Will be the accounts
used.

Funds currently in:
501-54-624-698-0000-
000-431-665110-* will be
requested to carryover via
AAO1 ($200,000)
011-54-623-677-3010-
000-412-511110-
($100,000
6 months projected
sal/ben savings)
Public Works/
Engineering
Additional salary
savings will be
added based on
duration of the
vacancy and needs
for consultant
support.

Andrew Brozyna
981-6396
23-11544-C Sanitary Sewer
Rehabilitation
Project:

Urgent Project at
various locations
9/30/2022 10/13/2022 Fulfill Sewer Consent
Decree requirement.

Sewer rehabilitation and
replacement project to
repair and replace old and
deteriorated sewer lines.
$1,211,000 611-54-623-676-3013-
000-473-665130-
*(PWENSR2303)
Public Works -
Engineering
Daniel Akagi
981-6394
Adadu Yemane
981-6413
23-11545-C Sanitary Sewer
Rehabilitation
Project:

Hearst, et al.
10/3/2022 10/25/2022 Sewer rehabilitation and
replacement project to
repair and replace old and
deteriorated sewer lines.
$6,380,000 611-54-623-676-3013-
000-473-665130-
*(PWENSR2302)
Public Works -
Engineering
Daniel Akagi
981-6394
Ricardo Salcedo
981-6407
23-11546-C City Fleet EV
Charing Stations
– Corp Yard &
2180 Milvia
11/1/2022 11/29/2022 Install electrical
infrastructure for EV
chargers for City fleet cars
at the Corporation Yard &
2108 Milvia
$850,000 501-54-623-677-0000-
000-444-663110-
Public
Works/Engineering
Uriel Gonzalez
981-6627

NEXT 30 DAYS
DATE SUBMITTED: September 13, 2022
Attachment 1
2 of 2
23-11548-C Sanitary Sewer
Rehabilitation
Project:

Parnassus, et al.
9/30/2022 10/25/2022 Fulfill Sewer Consent
Decree requirement.

Sewer rehabilitation and
replacement project to
repair and replace old and
deteriorated sewer lines.
$7,150,000 611-54-623-676-3013-
000-473-665130-
(*PWENSR2301)
Public Works -
Engineering
Daniel Akagi
981-6394
Stephanie
Angcla
981-6422
Dept TOTAL $15,891,000
TOTAL $15,891,000.00

SPECIFICATI
ON NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT
NAME &
PHONE

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

CONSENT CALENDAR
September 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Contract: Gaumard Scientific Company, Inc. for High Fidelity Training Equipment

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to issue purchase orders with Gaumard Scientific Company, Inc., using the General Services Agency’s (GSA) Contract No. 47QSEA21D002V, for high fidelity training equipment in an amount not to exceed $375,000 through June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for this project is available in the FY23 Fire Department in Budget Code: 164-72-742-837-0000-000-423-612990 (Measure FF).

CURRENT SITUATION AND ITS EFFECTS
As part of the fire department’s transition to staffing ambulances with non-firefighter paramedics and Emergency Medical Technicians (EMTs), staff is building a new hire academy curriculum (Paramedic: Approx. 8 Weeks, EMT: Approx. 4 Weeks). In order to reduce the staff time necessary for each academy and improve the quality of training, the Department is improving our ability to delivery realistic, scenario based training using high-fidelity (patient) simulators.

This simulator will mimic the physiological conditions of a patient such as blood pressure, bleeding, EKG, blood oxygen level, exhaled CO2, and lung sounds.

Interventions can also be performed on the simulators such as placement of breathing tubes, IVs, tourniquets, IOs (bone IV), and plural decompression (placing a needle in the chest to help with breathing). This purchase will include 3 adult, 1 child, 1 pediatric simulator, service plans for each unit, and training on their use. The anticipated service life of the simulators is between 5-7 years.

Supporting the transition to non-firefighter ambulances is a Strategic Plan Priority Project, advancing our goals to provide an efficient and financially-healthy City government, create a resilient, safe, connected, and prepared city, be a customer- focused organization that provides excellent, timely, easily-accessible service and information to the community, and attract and retain a talented and diverse City government workforce.

Contract - Gaumard Scientific Company, Inc. for High Fidelity Training Equipment CONSENT CALENDAR September 29, 2022

BACKGROUND
The training simulators produced by Gaumard Scientific meet the needs of the fire department. The Gaumard simulator allows training to occur utilizing department issued diagnostic tools including stethoscopes, blood pressure cuffs, intravenous medications, and cardiac monitors which helps to improve the realism of training.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This equipment will reduce the number of instructors who will need to commute to the city each day to support the new hire academy, keeping the carbon footprint of the academy as small as possible.

RATIONALE FOR RECOMMENDATION
High-fidelity training equipment helps leverage existing City staff in a time when staff time is at a premium. The equipment also provides a realistic training environment for students who can interact with this equipment using their normal diagnostic equipment and then perform treatments that would not otherwise be possible including:
administering intravenous access, medications, defibrillation and other electrical therapy for the heart, and inserting advanced airways.

Gaumard Scientific was selected through the competitive selection process from General Services Agency’s (GSA) Contract No. 47QSEA21D002V.

ALTERNATIVE ACTIONS CONSIDERED
Increase the number of staff assigned to the academy which will have impacts to overtime and use older training equipment that is in need of replacement and does not provide the same level of realism.

CONTACT PERSON
David McPartland, EMS Assistant Fire Chief, (510) 981-5595 David Sprague, Interim Fire Chief, Fire Department, (510) 981-3473 Attachments:
1: Resolution

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

CONTRACT: GAUMARD SCIENTIFIC COMPANY, INC. FOR HIGH FIDELITY

TRAINING EQUIPMENT
WHEREAS, as part of the Fire Department's transition to staffing ambulances with non- firefighter paramedics and Emergency Medical Technicians (EMTs), staff is building a new hire academy curriculum (Paramedic: Approx. 8 Weeks, EMT: Approx. 4 Weeks); and
WHEREAS, in order to reduce the staff time necessary for each academy and improve the quality of training, the Department is improving our ability to delivery realistic, scenario based, training using high-fidelity (patient) simulators; and WHEREAS, the training simulators produced by Gaumard Scientific Company, Inc. meet the needs of the fire department; and
WHEREAS, the Gaumard simulator allows training to occur utilizing department issued diagnostic tools including stethoscopes, blood pressure cuffs, intravenous medications, and cardiac monitors which helps to improve the realism of training; and WHEREAS, Gaumard Scientific Company, Inc. was selected through the competitive selection process from General Services Agency’s (GSA) Contract No. 47QSEA21D002V; and
WHEREAS, funds are available in the FY23 Fire Department in Budget Code: 164-72- 742-837-0000-000-423-612990-(Measure FF).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to issue purchase orders with Gaumard Scientific Company, Inc., using the General Services Agency’s (GSA) Contract No. 47QSEA21D002V, for high fidelity training equipment in an amount not to exceed $375,000 through June 30, 2024.

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
September 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning & Development Department Subject: ZAB Appeal: 1201-1205 San Pablo Avenue, Use Permit #ZP2021-0070

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0070 to construct a six-story, mixed-use building on a vacant lot, with 66 units (including five Very-Low- Income units), 1,680 square feet of commercial space, 2,514 square feet of usable open space, and 17 to 28 ground-level parking spaces, and dismiss the appeal.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
On April 1, 2021, Isaiah Stackhouse of Trachtenberg Architecture submitted a Preliminary Application pursuant to Government Code 65941.1 to vest rights pursuant to SB 330, the Housing Crisis Act of 2019, for a housing development project.

On May 11, 2021, Isaiah Stackhouse of Trachtenberg Architecture submitted an application for Use Permit #ZP2021-0070 to construct a six-story, mixed-use building on a vacant lot, with 66 units and 1,680 square feet of commercial space.

On December 9, 2021, the ZAB conducted a public preview and provided a preliminary review of the project.

On January 20, 2022, the Design Review Committee (DRC) conducted a Preliminary Design Review (PDR) of the project and continued the discussion to a second meeting.

On March 29, 2022, the DRC conducted a second PDR meeting and forwarded a favorable recommendation for the project to the ZAB with conditions and recommendations for Final Design Review (FDR).

On April 28, 2022, the ZAB conducted a public hearing for the use permit application.

After hearing public comments and holding discussion, the ZAB approved the use

ZAB Appeal: 1201-1205 San Pablo Avenue PUBLIC HEARING
Use Permit #ZP2021-0070 September 29, 2022

permit by a vote of 7-0-2-0 (Yes: Duffy, Matthews, Kim, Olson, Sanderson, Gaffney, Tregub; No: None; Abstain: Sheahan, Thompson; Absent: None).

On May 5, 2022, staff issued the ZAB Notice of Decision.

On May 19, 2022, the City Clerk received an appeal filing from Yvette Bozzini, resident at 1110 Harrison Street, and Dan Hayes, resident at 1116 Harrison Street.

On September 15, 2022, staff posted the public hearing notice at the site and three nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area. The Council must conduct a public hearing to resolve the appeal.

BACKGROUND
There was considerable interest in the project from the residents in the surrounding neighborhood. Neighbors attended and spoke at the ZAB Preview, both DRC meetings, and the ZAB hearing. In the weeks leading up to the ZAB hearing in April 2022, neighbors contacted Councilmember Kesarwani’s office and met with her on April 18, 2022 to present their questions and concerns, which covered a range of issues in relation to the project, including Senate Bill 330 streamlined permit review, the Housing Accountability Act, density bonus, privacy screening, neighborhood permit parking, traffic, and pedestrian safety. Councilmember Kesarwani’s office worked with City staff in several departments and answered the questions via emails to the neighbor group in the days prior to the ZAB hearing.

In response to the concerns about privacy screening, traffic impact and pedestrian safety in the neighborhood, staff recommended several conditions of approval and presented them to the ZAB at the hearing:

12. Screening Trees. The Project Proponent shall consult with the project landscape architect for species recommendations for planting in the 5-foot-wide landscape strip on the eastern property line that closely achieves this objective: a row of large screening trees (24” box minimum) that have an initial height of 10’ and full height of 25-30 feet height minimum. The project Landscape Plan shall include the proposed plantings to be reviewed by Land Use staff.

27. Bike Boulevard. The Project Proponent shall be responsible for establishing Kains Avenue, between Harrison Street and Gilman Avenue, as a Class 3 bike boulevard (installing sharrow pavement markings and signage as required), consistent with the bike network improvements stated in the City’s Bicycle Plan (May 2017). The Project Proponent shall coordinate with the Public Works (Engineering and Transportation Divisions) to obtain necessary approvals.

28. Traffic Study. The Project Proponent shall retain the project traffic consultant to perform an analysis of the remaining eight traffic signal warrants at San Pablo and

ZAB Appeal: 1201-1205 San Pablo Avenue PUBLIC HEARING
Use Permit #ZP2021-0070 September 29, 2022

Harrison Avenues for consideration of a traffic signal for the intersection. The traffic study shall include an analysis of Loss of Service (LOS) levels at this intersection for consideration of a left turn prohibition at the intersection. The traffic study shall be submitted to the Transportation Division for review and approval. 1 29. Parking Garage Exit. The Project Proponent shall submit plans showing the installation of a “Left Turn Only” sign and left turn pavement markings at the parking garage exit, to facilitate left turns only onto Harrison Street. The Project Proponent shall also consider modifying the driveway to angle toward the left to facilitate left turns. Sound level specifications for a pedestrian alert system at the garage exit shall be submitted for review and approval by the Land Use staff.

The applicant agreed to the recommended conditions, and they were approved by the ZAB for inclusion in the permit conditions.

For additional project background, please see Attachment 3, the ZAB staff report for this project.

RATIONALE FOR RECOMMENDATION
The issues raised in the appellants’ letter and staff’s responses follow. For the sake of brevity, the appeal issues are not re-stated in their entirety. Please refer to the attached appeal letter (Attachment 2) for the full text.

Issue 1: The appellants request that the parking garage driveway for the Project be relocated from Harrison Street to San Pablo Avenue in the design, to help with traffic, pedestrian safety and to reduce garage door noise.

Response 1: Relocation of the parking garage driveway to the San Pablo side of the project would require the applicant to re-design the ground floor plan and apply for a permit from the California Department of Transportation (CalTrans) to locate a driveway on a State Highway, Route 123, San Pablo Avenue. Staff consulted with CalTrans on feasibility of the proposal. CalTrans advised that the agency would require a traffic analysis for the location of the driveway on San Pablo, including a study of a potential turn prohibition at Harrison, and would consider approval of an encroachment permit for the proposal based upon the report. The Transportation Division indicated that it would support the relocation if the traffic study concludes that a driveway on San Pablo would not create any operational or safety and circulation issues. 1 SB 375 requires the use of Vehicle Miles Traveled (VMT) as criteria for analysis of traffic impacts for CEQA, but LOS can still be used as an informational tool to help assess safety and circulation impacts as part of a project. In this case, LOS results would help determine how a left turn prohibition would increase vehicle delay. The traffic study would also provide information on other factors such as pedestrian circulation and vehicle sight triangles to guide the recommendation.

ZAB Appeal: 1201-1205 San Pablo Avenue PUBLIC HEARING
Use Permit #ZP2021-0070 September 29, 2022

Staff advises that relocation of the driveway to San Pablo in the project could be a feasible solution to neighbor concerns regarding traffic and pedestrian safety. However, it is not required to address an identified problem; i.e. City staff and consultants have not identified any safety or operational issues with the project as approved by ZAB, which has a driveway located on Harrison Street to access the ground-floor garage with 17 to 28 parking spaces. The street front along San Pablo Avenue is currently planned to have a commercial space on the corner, a residential lobby, and other support space designed to activate the pedestrian experience.

Issue 2: The appellants request that Council require the developer to complete an updated traffic study (including peak commute hour traffic), and for traffic mitigation measures to be included as conditions of approval (COAs) and implemented before the completion of the project.

Response 2: The City’s Zoning Project Submittal Requirements list states that projects that do not meet at least one of the screening thresholds listed in the City’s Vehicle Miles Traveled (VMT) Criteria and Thresholds (June 29, 2020) must prepare further analysis of potential traffic impacts from the project. A project must meet at least one of the screening criteria – location in a Transit Priority Area or Low VMT Area – to assess whether VMT can be presumed to be less-than-significant. The applicant submitted a Transportation Assessment Memorandum prepared by project transportation consultant, Fehr and Peers, dated July 2, 2021, which concluded that the project meets both criteria. The memo was reviewed by Transportation Division staff, which concurred with the memo’s conclusion that traffic impacts from the project could be presumed to be less-than-significant, and that no further traffic analysis is required.

Peak hour trip generation for the project was analyzed in the Transportation Assessment Memorandum, and was reviewed by the Transportation Division. The Division did not indicate any further concerns.

Prior to the ZAB hearing, neighbors expressed concerns over increased traffic and impact to pedestrian safety from the project on Harrison Street, and in the larger neighborhood east of San Pablo. Although the applicants were not required to submit further traffic analysis for the project, in response to neighbor concerns, staff recommended that conditions of approval be added to the permit that would require further traffic analysis for consideration of a traffic signal at the intersection of San Pablo and Harrison Avenues, and other traffic mitigation measures such as the establishment of a bike boulevard on Kains Avenue and signage to direct outgoing traffic from the garage exit on Harrison Street westward, away from the neighborhood streets and toward San Pablo Avenue (see Conditions #27, 28 and 29, in Attachment 1, Exhibit A; see the Background section of this report for discussion). The applicant agreed to the recommended conditions, and ZAB approved the permit with the added conditions. The Finding and Conditions specify that the traffic study condition must be implemented prior to the issuance of any building permit for construction. The applicant would have to

ZAB Appeal: 1201-1205 San Pablo Avenue PUBLIC HEARING
Use Permit #ZP2021-0070 September 29, 2022

conduct and submit the traffic study to the Transportation Division for approval before a building permit could be issued.

A detailed traffic study, to be approved by the City prior to issuance of the building permit, is already required by condition of approval #28 in the permit approved by the ZAB.

Issue 3: The appellants request that Council require the developer to directly compensate the adjacent neighbor at 1110 Harrison for impacts to their property as a COA, including impacts to loss of light, privacy in the home and yard; potential damage to the house foundation, walls, and driveway from construction; and disruption of the home office.

Response 3: The ZAB determined that the project is compliant with all applicable, objective general plan and zoning standards. The Berkeley Municipal Code (BMC) does not have objective standards for the loss of light or privacy. Though the BMC does require findings of general non-detriment for approval of discretionary projects, non- detriment findings are not objective standards and cannot provide a basis for denial or reduction of the project. An analysis of shadow and privacy impacts is provided in the staff report and those impacts were determined to be within the range of what is normally expected in an urban environment.

To protect neighboring properties against potential damage and disruption from construction activities associated with the project, standard conditions of approval have been included with the permit:
 #14 Project Liaison – requires liaison contact information posted visibly at the construction site and on the construction plans
 #20 Construction Noise Reduction Program – requires preparation of an assessment and program by a noise consultant and implementation of noise mitigations
 #21 Damage Due to Construction Vibration. – requires a vibration screening analysis and/or vibration impact assessment by a noise consultant and further monitoring if necessary
 #23 Construction Noise Management – Public Notice Required. – requires public notice of initiation of construction activities two weeks prior to commencement  #45 Construction Hours - Exceptions – requires approval by the Zoning Officer and noticing to neighbors of extensions of allowed construction hours, only for special construction activities.
 #46 Project Construction Website – requires availability of a project website with construction manager contact information; schedule of construction activities;

ZAB Appeal: 1201-1205 San Pablo Avenue PUBLIC HEARING
Use Permit #ZP2021-0070 September 29, 2022

project conditions of approval, and other reports related to construction noise, air quality, and traffic.

Staff advises that potential damage and disruption from project construction activities are addressed by the conditions of approval included in the permit approved by the ZAB.

Issue 4: The appellants request that Council require the developer to directly compensate the neighbor at 1206 Kains Avenue for the loss of ability to generate solar power as a COA.

Response 4: The ZAB determined that the project is compliant with all applicable, objective general plan and zoning standards. The BMC does not have objective standards for the shading of solar panels. Though the BMC does require findings of general non-detriment for approval of discretionary projects, non-detriment findings are not objective standards and cannot provide a basis for denial or reduction of the project.

The analysis of shadow impact from the project is provided in the ZAB staff report.

The City does not have solar access provisions in the BMC, but the State has laws that are protective of the benefits gained from having solar equipment – the California Solar Rights Act and the Solar Shade Control Act.

Though the California Solar Rights Act2 does not include provisions to protect solar access, per se, it does recognize the possibility of a “solar easement” to be created.

A solar easement is an agreement by which a landowner may grant access to the sunlight that transverses their land to a solar energy system owner on an adjacent parcel. California Civil Code Section 801.5 defines a “solar easement" as the “right of receiving sunlight across real property of another for any solar energy system.” A solar easement must be created for the sole purpose of accessing sunlight to create thermal or electric energy using a solar energy system, as defined by Section 801.5. A person merely seeking to access sunlight could not seek protections under Sections 801 and 801.5.3 The property owner of 1206 Kains Avenue could create a solar easement agreement with the property owner of 1201 San Pablo Avenue, outside City involvement to protect solar access for their solar panels. While State law allows for parties to voluntarily enter into solar easement agreements (where a neighbor may grant an easement to a solar system owner), the City cannot require a solar easement without just compensation.
2 The Solar Rights Act comprises the following California codes of law: California Civil Code Sections 714 and 714.1, California Civil Code Section 801-801.5 (solar easements), California Government Code Section 65850.5, California Health and Safety Code Section 17959.1, California Government Code Section 66475.3, and California Government Code Section 66473.1. 3 p 20 of California’s Solar Rights Act, A Review of the Statutes and Relevant Cases, by Energy Policy Initiatives Center, University of San Diego School of Law http://ohp.parks.ca.gov/pages/1054/files/Solar%20Rights%20Act- A%20Review%20of%20Statutes%20and%20Relevant%20Cases.pdf

ZAB Appeal: 1201-1205 San Pablo Avenue PUBLIC HEARING
Use Permit #ZP2021-0070 September 29, 2022

The Solar Shade Control Act protects solar access from shading by plants and trees.

However, it does not preclude private development which may cast shadows on solar panels.4
Issue 5: The appellants request that the City implement the Residential Preferential Parking (RPP) program in the neighborhood.

Response 5: The neighborhood where the project site is located in not currently included in the City’s RPP program. Transportation Division staff advises that any expansion of the RPP Program beyond its current boundaries requires Council approval to fund the requisite parking enforcement staffing and equipment. While there is currently no established timeline for expanding RPP to West Berkeley, Councilmember Taplin submitted an agenda item on November 9, 2021 referring to the fiscal year 2023 budget process “the funding of increased staffing, new enforcement vehicles, and sign installations necessary for the expansion of the [RPP Program] out of its current boundaries into West Berkeley, in zones to be identified…” The Council-adopted budget for fiscal years 2023 and 2024 do not indicate any funding allocated for the West Berkeley RPP referral. As a result, there is no schedule for RPP expansion to West Berkeley at this time.

Issue 6: The appellants request that Council require the developer to provide the proposed maximum number of parking of 28 spaces.

Response 6: The project is compliant with BMC parking standards, which require a minimum of four and a maximum of 37 parking spaces for the project. The project would include 17 to 28 parking spaces; the final amount is to be determined at the building permit phase, dependent upon financial feasibility, at the option of the developer. There is no requirement in the BMC or in State law for developers to provide the maximum parking allowed on the site. Staff advises that Council may discuss with the applicant the possibility of providing more parking on site.

Issue 7: The appellants request that the box size for trees to be planted at the east property line be 48-inch box, and not 24-inch box.

Response 7: Condition of approval #12 requires that 24-inch box trees be planted at the east property line for privacy screening. At the ZAB hearing, the project landscape architect advised that “less fully mature” trees are more likely to survive and would be healthier in maturity than larger, more mature trees, if they were planted with the new building. Given the narrow width of the planting strip (five feet), the 24-inch box size was recommended by the landscape architect, with the potential for increase to 36-inch box.

The species selected (Sweet Shade – hymenospermum flavum) would grow 4 Government Code, Sections 25980–25986.

ZAB Appeal: 1201-1205 San Pablo Avenue PUBLIC HEARING
Use Permit #ZP2021-0070 September 29, 2022

significantly in the first year and reach maximum height of 30 feet in height, in a short amount of time. These trees would provide some privacy screening for immediate neighbors. The largest size suggested by the landscape architect was 36-inch box. Staff advises that increasing to 48-inch box size is not recommended.

ENVIRONMENTAL SUSTAINABILITY
The project approved by the ZAB is in compliance with all applicable State and local environmental requirements, would be located in a transit-rich area, and would be built and operated according to current codes for energy conservation, waste reduction, low toxicity, and other factors.

ALTERNATIVE ACTIONS CONSIDERED
Pursuant to BMC Section 23.410.040(G), the Council may (1) continue the public hearing, (2) reverse, affirm, or modify the ZAB’s decision, or (3) remand the matter to the ZAB.

Action Deadline:

Pursuant to BMC Section 23.410.040(I), if the disposition of the appeal has not been determined within 30 days from the date the public hearing was closed by the Council (not including Council recess), then the decision of the Board shall be deemed affirmed and the appeal shall be deemed denied.

CONTACT PERSONS
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Steven Buckley, Land Use Planning Manager, (510) 981-7411 Sharon Gong, Project Planner, (510) 981-7429
Attachments:

1. Draft Resolution
 Exhibit A: Findings and Conditions
 Exhibit B: Project Plans, received March 23, 2022

2. Appeal Letter, dated received May 19, 2022

3. April 28, 2022 ZAB Hearing Staff Report

4. Transportation Assessment Memorandum, dated July 2, 2021

5. Index to Administrative Record

6. Administrative Record

7. Public Hearing Notice

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

AFFIRMING THE ZONING ADJUSTMENTS BOARD APPROVAL OF USE PERMIT #ZP2021-0070 TO CONSTRUCT A SIX-STORY, MIXED-USE BUILDING ON A VACANT LOT, WITH 66 UNITS (INCLUDING FIVE VERY LOW-INCOME UNITS), 1,680 SQUARE FEET OF COMMERCIAL SPACE, 2,514 SQUARE FEET OF USABLE OPEN SPACE, AND 17 TO 28 GROUND-LEVEL PARKING SPACES, AND DISMISS THE APPEAL.

WHEREAS, on May 11, 2021, Isaiah Stackhouse of Trachtenberg Architecture (“applicant”), submitted an application for Use Permit #ZP2021-0070 to construct a six- story, mixed-use building on a vacant lot, with 66 units (including five Very Low-Income units), 1,680 square feet of commercial space, 2,514 square feet of usable open space, and 17 to 28 ground-level parking spaces (“project”); and WHEREAS, on September 22, 2021, staff deemed this application complete and determined that the project is categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15332 of the CEQA Guidelines (“In-Fill Development Projects”); and
WHEREAS, on April 13, 2022, staff mailed and posted a Notice of Public Hearing for the project at the site and two nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area; and
WHEREAS, on April 28, 2022, the Zoning Adjustments Board (ZAB) conducted a public hearing for the Use Permit. After hearing public comments and holding discussion, the ZAB approved the Use Permit by a vote of 7-0-2-0 (Yes: Duffy, Matthews, Kim, Olson, Sanderson, Gaffney, Tregub; No: None; Abstain: Sheahan, Thompson; Absent: None) and
WHEREAS, on May 5, 2022, staff issued the notice of the ZAB decision; and WHEREAS, on May 19, 2022, the City Clerk received an appeal filing of the ZAB decision from Yvette Bozzini, resident at 1110 Harrison Street, and Dan Hayes, resident at 1116 Harrison Street. The Clerk set the matter for review by the Council on September 29, 2022; and
WHEREAS, on or before September 15, 2022, staff mailed and posted a Notice of Public Hearing at the site and two nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area; and
WHEREAS, on September 29, 2022, the Council held a public hearing to consider the ZAB’s decision, and in the opinion of this Council, the facts stated in, or ascertainable from the public record, including the staff report and comments made at the public hearing, warrant approving the project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the City Council hereby adopts the findings made by the ZAB in Exhibit A to affirm the decision of the ZAB to approve Use Permit #ZP2021-0070, adopts the conditions of approval in Exhibit A, adopts the project plans in Exhibit B, and dismisses the appeal.

Exhibits
A: Findings and Conditions
B: Project Plans, received March 23, 2022

A t t a c h m e n t 1 , Exhibit a
F i n d i n g s a n d C o n d i t i o n s
SEPTEMBER 29, 2022
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
1201-1205 San Pablo Avenue
Use Permit #ZP2021-0070 to construct a six-story, mixed-use building on a vacant lot, with 66 units (including five Very Low-Income units), 1,680 square feet of commercial space, 2,514 square feet of usable open space, and 17 to 28 ground-level parking spaces.

PERMITS REQUIRED
 Use Permit under Berkeley Municipal Code (BMC) §23E.64.030.A to construct a mixed-use development with floor area of more than 9,000 square feet;  Use Permit under BMC §23E.64.030.A to construct new dwelling units;  Use Permit under BMC §23E.64.050.B, to create new gross floor area of 5,000 square feet or more;
 Administrative Use Permit under BMC §23D.04.020.C to construct rooftop projections, such as mechanical appurtenances or architectural elements, which exceed the maximum average height limit for the district.

CONCESSIONS/ WAIVERS UNDER GOVERNMENT CODE SECTION 65915-65918  Concession to reduce the Usable Open Space requirement from 2,640 to 2,514 square feet;  Waiver of BMC §23E.64.070.A to increase maximum FAR to 3.6 where 3.0 is the limit;  Waiver of BMC §23E.64.070.B to increase maximum average building height to be 68’-3”, where 50’ is the limit for a mixed-use building; and
 Waiver of BMC §23E.64.070.B to increase maximum number of stories to be 6 stories, where 4 stories is the limit for a mixed-use building.

I. CEQA FINDINGS

1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to §15332 (“In-Fill Development Projects”).

The project meets all of the requirements of this exemption, as follows:

A. The project is consistent with the applicable General Plan designation and policies, and with the applicable zoning designation and regulations.

B. The project occurs within the Berkeley City limits on a project site of no more than five acres, and is surrounded by urban uses.

C. The parcels within the project site have previously been developed and have no value as habitat for endangered, rare or threatened species.

D. The project would not result in any significant effects relating to traffic, noise, air quality or water quality. The Traffic Impact Analysis prepared for the project was reviewed by the City Transportation Division which concurred with the findings of less than significant impacts. City Standard Conditions would address potential impacts related to traffic, noise, air quality, and water quality.

E. The site can be adequately served by all required utilities and public services.

1201-1205 SAN PABLO AVENUE - USE PERMIT #ZP2021-0070 FINDINGS & CONDITIONS September 29, 2022 Page 2 of 22
File:

2. 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 significant cumulative impacts, (c) there are no significant effects due to unusual circumstances, (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.

II. DENSITY BONUS FINDINGS

1. Pursuant to Government Code Section 65915, the City Council hereby finds that:

A. Under the City’s methodology for implementing density bonuses, the “base project” consists of 50 units;
B. The project will provide at least 5 Very-Low Income qualifying units in the 50-unit “base project”, as more fully set forth in Conditions 62 to 66; C. The project is therefore entitled to a density increase of 32.5% over the otherwise maximum allowable residential density under the Zoning Ordinance and General Plan Land Use Element, under the requirements of Government Code Section 65915(b) and (f), plus two concessions or incentives. This equates to a density bonus of 17 units above the Base Project (the project is including 16 out of the 17 allowable units), for a total of 66 units.

2. In accordance with Government Code Section 65915(d) and (k), the City Council hereby grants the following concessions in order to provide for affordable housing costs:

A. Reduce the Usable Open Space requirement from 2,640 to 2,514 square feet.

3. In accordance with Government Code Section 65915(d), in order to allow construction of the proposed project with the density permitted under State law, the City Council hereby finds that the approval of the concessions is required to provide for affordable rents, as provided in Government Code Section 65915(d)(1)(A) because 1) approval of the concession would result in identifiable and actual cost reduction; 2) approval of the concession would not have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources; and 3) would not be contrary to State or Federal law.

4. In accordance with Government Code Section 65915(e) the City Council hereby grants the following waivers:

A. Waiver of BMC §23E.64.070.A to increase maximum FAR to 3.6 where 3.0 is the limit; B. Waiver of BMC §23E.64.070.B to increase maximum average building height to be 68’-3” where 50’ is the limit for a mixed-use building; and
C. Waiver of BMC §23E.64.070.B to increase maximum number of stories to be 6 stories where 4 stories is the limit for a mixed-use building.

These waivers are required because State law requires the City to modify development standards as necessary to accommodate these density bonus units, and because the City Council hereby finds that the density bonus units can best be accommodated by granting these waivers.

5. In accordance with Government Code Section 65915(e), in order to allow construction of the proposed project with the density permitted under State law, the City Council hereby finds that

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approval of waivers: 1) is required to construct the proposed project at the density permitted under State law; 2) approval of requested waivers would not have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources; and 3) approval of the requested waivers would not be contrary to State or Federal law.

III. FINDINGS FOR APPROVAL

6. The Housing Accountability Act, Government Code Section 65589.5(j) requires that when a proposed housing development project complies with applicable, objective general plan and zoning standards, a local agency may not deny the project or approve it with reduced density unless the agency makes written findings supported by substantial evidence that:

A. The development would have a specific adverse impact on public health or safety unless disapproved or approved at a lower density; and
B. There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval or approval at a lower density.

Because the Base Project would comply with applicable, objective general plan and zoning standards, §65589.5(j) applies to this project. No significant, quantifiable, direct and unavoidable impacts, based on objective, identified written public health or safety standards, polices, or conditions, have been identified by staff. The project includes construction of 66 dwelling units.

7. As required by Section 23.406.040.E.1 of the BMC, the project, under the circumstances of this particular case existing at the time at which the application is granted, would not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the 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:

A. The project is consistent with all applicable C-W District development standards and qualifies for waivers and concessions from the district standards pursuant to State Density Bonus Law, Government Code, Section 65915;
B. Shadow impact on adjacent dwellings to the east, south, and west are to be expected, because the subject site is located in the C-W District, which allows heights of up to 50’ and four stories for mixed-use buildings. A waiver is granted for additional height beyond the district height limits to accommodate the density bonus units to allow a 68-foot, 3-inch-tall, six-story building. Shadow impacts from the project would be reasonable and not detrimental; and
C. The project 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 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.

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IV. OTHER FINDINGS FOR APPROVAL

8. As required by Section 23E.64.090.B of the BMC, the City Council hereby finds that:

A. The mixed-use building at this location will be an appropriate utilization of a currently underutilized site that will bring 66 new residential units (including five below-market-rate units) and 1,680 square feet of new commercial space to the district and the neighborhood; B. The project will further the purposes of the district by increasing the neighborhood population with new residents of mixed income who would patronize the local businesses and contribute to the livability and character of an underutilized portion of the San Pablo Avenue commercial corridor;
C. The new residents and commercial patrons from the project will increase street-level activity to provide continuity for the ground-level activation near this intersection of San Pablo Avenue and Harrison Street, and would extend the existing ground-level activation near the Tokyo Fish Market (1220 San Pablo) on the west side of San Pablo Avenue to the east side of the avenue;
D. The project’s corner commercial space and primary building orientation toward San Pablo Avenue, along with a similar configuration at the approved mixed-use building to be constructed across the street at 1200-1214 San Pablo, would serve to engage both the southwest and southeast corners of this intersection, and would contribute to the continuity of ground-level activation in the Gilman node of the West Berkeley Plan area; E. At six stories tall, the proposed project will help realize the development potential in the C-W District along San Pablo Avenue, which allows up to four stories (for mixed use buildings with additional height allowed by density bonus provisions), and will add to the trend of taller, mixed-use development along San Pablo Avenue, north of University Avenue; and F. The project will be an appropriate intensity of use that will not exceed local traffic and parking capacities. The City’s parking reform ordinance (effective March, 2021) eliminated the residential parking requirement and established parking maximums for this district. The proposed 17 to 28 parking spaces falls within the minimum and maximum requirements.

9. As required by Section 23E.64.090.C of the BMC, the City Council hereby finds that:

A. The project includes a commercial space at the northwest corner of the building at the intersection of San Pablo Avenue and Harrison Street. The commercial space has floor-to- ceiling windows all along the ground level, with its longer, entry (west) side oriented toward San Pablo Avenue, to activate both the Harrison Street and San Pablo Avenue sidewalks.

Floor-to-ceiling windows along the commercial space, lobby, and bike room line approximately 90 percent of the project’s San Pablo elevation with active spaces behind transparent glazing.

B. The project’s strong orientation toward the San Pablo Avenue streetscape would add to the pedestrian activity and interest on this portion of the Avenue that already draws visitors daily.

The project would contribute to the pedestrian activity near existing businesses by bringing new residents to the area, and by helping to draw in local visitors – potentially, those from beyond the immediate neighborhood.

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V. STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
The following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions.’ Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions.

The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

2. Compliance Required (BMC Section 23.102.050)
All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sections

23.404.060.B.1 and 2)
A. This Permit authorizes only the proposed project described in the application. In no way does an approval authorize other uses, structures or activities not included in the project description.

B. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To reestablish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.

4. Conformance to Approved Plans (BMC Section 23.404.060.B.4) All work performed under an approved permit shall be in compliance with the approved plans and any conditions of approval.

5. Exercise and Expiration of Permits (BMC Section 23.404.060.C) A. A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

B. A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

C. The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction. The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant. A determination that a permit has lapsed may be appealed to the ZAB in accordance with Chapter 23.410 (Appeals and Certification).

D. A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.

6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060.D)

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Once a Permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit, except as set forth in Standard Condition #5 above.

7. Permit Modifications (BMC Section 23.404.070)
No change in the use or structure for which this Permit is issued is permitted unless the Permit is modified by the Board. The Zoning Officer may approve changes to plans approved by the Board, consistent with the Board’s policy adopted on May 24, 1978, which reduce the size of the project.

8. Permit Revocation (BMC Section 23.404.080)
The City may revoke or modify a discretionary permit for completed projects due to: 1) violations of permit requirements; 2) Changes to the approved project; and/or 3) Vacancy for one year or more. However, no lawful residential use can lapse, regardless of the length of time of the vacancy. Proceedings to revoke or modify a permit may be initiated by the Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Pay Transparency Acknowledgement (BMC Section 13.104.030) Prior to the issuance of a building permit for any Project subject to this Chapter:

A. A Responsible Representative of the Permittee shall certify under penalty of perjury that:
(1) the Permittee has reviewed Chapter 13.104 of the Berkeley Municipal Code; and (2) the Permittee will be responsible for demonstrating compliance with this Chapter.

B. The Permittee shall provide to the City a Contractor Pay Transparency Acknowledgment on a form approved by the City for this purpose. A Responsible Representative of the Permittee shall certify under penalty of perjury that the Contractor and all Qualifying Subcontractors performing work on the Project will comply with Chapter 13.104 of the Berkeley Municipal Code and with Labor Code sections 226(a) and 2810.5 for each employee who works on the Project.

10. Pay Transparency Attestations Following Project Completion (BMC Section 13.104.040) Within 10 days of the approved final inspection of any Project subject to this Chapter, each Permittee shall provide to the City for each Contractor and Qualifying Subcontractor a Pay Transparency Attestation on a form approved by the City. On each Pay Transparency Attestation, a Responsible Representative of the Contractor or Qualifying Subcontractor shall attest under penalty of perjury that the Contractor or Qualifying Subcontractor complied with Chapter 13.104 of the Berkeley Municipal Code and Labor Code sections 226(a) and 2810.5 for each employee who performed work on the Project. The City will maintain Pay Transparency Attestation forms for period of at least three years after their date of receipt by the City.

11. Posting of Ordinance (BMC Section 13.104.050)
Each day work is performed on the Project, each Permittee shall post, and keep posted in a conspicuous location where it may be easily read by employees during the hours of the workday, a notice that: (A) contains the text of Chapter 13.104 of the Berkeley Municipal Code; (B) explains that workers can report violations of Labor Code sections 226 and 2810.5 to the Labor Commissioner of the State of California; and (C) provides current contact information, including office address, telephone number, and email address of the Labor Commissioner of the State of California.

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12. Conditions of Approval (BMC Section 13.104.060)
The requirements of Sections 13.104.030 through 13.104.050 shall be included as conditions of approval of any Use Permit or Zoning Certificate for any Project that is subject to this Chapter.

Failure to comply with the requirements of any provision of this Chapter shall be grounds for issuance of an administrative citation under Chapter 1.28 and/or the revocation or modification of any Use Permit issued for the Project under Chapter 23B.60.

13. Indemnification Agreement
The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.

VI. ADDITIONAL CONDITIONS IMPOSED BY THE ZONING ADJUSTMENTS BOARD Pursuant to BMC 23.406.040.E, the City Council attaches the following additional conditions to this Permit:

Prior to Submittal of Any Building Permit:

14. Project Liaison. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction-related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response, and submit written reports of such complaints and actions to the project planner on a weekly basis. Please designate the name of this individual below:
 Project Liaison ____________________________________________________ Name Phone #

15. Final Design Review. The Project requires approval of a Final Design Review application by the Design Review Committee. Plans presented shall include an alternate design with open railings for the parapet on the eastern edge of the 5th floor.

16. Screening Trees. The Project Proponent shall consult with the project landscape architect for species recommendations for planting in the 5-foot-wide landscape strip on the eastern property line that closely achieves this objective: a row of large screening trees (24”box minimum) that

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have an initial height of 10’ and full height of 25-30 feet height minimum. The project Landscape Plan shall include the proposed plantings to be reviewed by Land Use Planning staff.

17. Fence at East Property Line. The Project Proponent shall replace/rebuild the retaining wall and fence along the eastern property line to six feet in height.

18. Address Assignment. The applicant shall file an “Address Assignment Request Application” with the Permit Service Center (1947 Center Street) for any address change or new address associated with this Use Permit. The new address(es) shall be assigned and entered into the City’s database prior to the applicant’s submittal of a building permit application.

19. Geotechnical Plan Review. The applicant’s geotechnical consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading including removal and replacement/treatment of expansive soils, site surface and subsurface drainage improvements including site runoff discharge, and design parameters for foundations and hardscape) to ensure that their recommendations have been properly incorporated and to ensure that the project concept has not changed significantly since preparation of their report.

The results of the plan review should be summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review and approval prior to issuance of building permits.

20. Construction Noise Reduction Program. The applicant shall develop a site specific noise reduction program prepared by a qualified acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Zoning Officer.

The noise reduction program shall include the time limits for construction listed above, as measures needed to ensure that construction complies with BMC Section 13.40.070. The noise reduction program should include, but shall not be limited to, the following available controls to reduce construction noise levels as low as practical:

A. Construction equipment should be well maintained and used judiciously to be as quiet as practical.

B. Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment.

C. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.

D. Locate stationary noise-generating equipment as far as possible from sensitive receptors when adjoining construction sites. Construct temporary noise barriers or partial enclosures to acoustically shield such equipment where feasible.

E. Prohibit unnecessary idling of internal combustion engines.

F. If impact pile driving is required, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile.

G. Construct solid plywood fences around construction sites adjacent to operational business, residences or other noise-sensitive land uses where the noise control plan analysis determines that a barrier would be effective at reducing noise.

H. Erect temporary noise control blanket barriers, if necessary, along building facades facing construction sites. This mitigation would only be necessary if conflicts occurred which were irresolvable by proper scheduling. Noise control blanket barriers can be rented and quickly erected.

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I. Route construction related traffic along major roadways and away from sensitive receptors where feasible.

21. Damage Due to Construction Vibration. The project applicant shall submit screening level analysis prior to, or concurrent with demolition building permit. If a screening level analysis shows that the project has the potential to result in damage to structures, a structural engineer or other appropriate professional shall be retained to prepare a vibration impact assessment (assessment). The assessment shall take into account project specific information such as the composition of the structures, location of the various types of equipment used during each phase of the project, as well as the soil characteristics in the project area, in order to determine whether project construction may cause damage to any of the structures identified as potentially impacted in the screening level analysis. If the assessment finds that the project may cause damage to nearby structures, the structural engineer or other appropriate professional shall recommend design means and methods of construction that to avoid the potential damage, if feasible. The assessment and its recommendations shall be reviewed and approved by the Building and Safety Division and the Zoning Officer. If there are no feasible design means or methods to eliminate the potential for damage, the structural engineer or other appropriate professional shall undertake an existing conditions study (study) of any structures (or, in case of large buildings, of the portions of the structures) that may experience damage. This study shall establish the baseline condition of these structures, including, but not limited to, the location and extent of any visible cracks or spalls; and include written descriptions and photographs.

The study shall be reviewed and approved by the Building and Safety Division and the Zoning Officer prior to issuance of a grading permit. Upon completion of the project, the structures (or, in case of large buildings, of the portions of the structures) previously inspected will be resurveyed, and any new cracks or other changes shall be compared to pre-construction conditions and a determination shall be made as to whether the proposed project caused the damage. The findings shall be submitted to the Building and Safety Division and the Zoning Officer for review. If it is determined that project construction has resulted in damage to the structure, the damage shall be repaired to the pre-existing condition by the project sponsor, provided that the property owner approves of the repair.

22. Compliance with Conditions and Environmental Mitigations. The building permit application is subject to verification of compliance to the adopted. The applicant shall be responsible for demonstrating compliance with all conditions of approval and mitigation measures per the timeline set forth by this use permit. The applicant shall deposit $10,000 with the City, or less with the approval of the Zoning Officer, to pay for the cost of monitoring compliance with these Conditions of Approval and other applicable conditions and regulations. Should compliance- monitoring expenses exceed the initial deposit, the applicant shall deposit additional funds to cover such additional expenses upon the request of the Zoning Officer; any unused deposit will be refunded to the applicant.

Prior to Issuance of Any Building & Safety Permit (Demolition or Construction)

23. Construction Noise Management - Public Notice Required. At least two weeks prior to initiating any construction activities at the site, the applicant shall provide notice to businesses and residents within 500 feet of the project site. This notice shall at a minimum provide the following:
(1) project description, (2) description of construction activities during extended work hours and reason for extended hours, (3) daily construction schedule (i.e., time of day) and expected

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duration (number of months), (4) the name and phone number of the Project Liaison for the project that is responsible for responding to any local complaints, and (5) that construction work is about to commence. The liaison would determine the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. A copy of such notice and methodology for distributing the notice shall be provided in advance to the City for review and approval.

24. Construction Phases. The applicant shall provide the Zoning Officer with a schedule of major construction phases with start dates and expected duration, a description of the activities and anticipated noise levels of each phase, and the name(s) and phone number(s) of the individual(s) directly supervising each phase. The Zoning Officer or his/her designee shall have the authority to require an on-site meeting with these individuals as necessary to ensure compliance with these conditions. The applicant shall notify the Zoning Officer of any changes to this schedule as soon as possible.

25. Construction and Demolition Diversion. Applicant shall submit a Construction Waste Management Plan that meets the requirements of BMC Chapter 19.37 including 100% diversion of asphalt, concrete, excavated soil and land-clearing debris and a minimum of 65% diversion of other nonhazardous construction and demolition waste.

26. Toxics. The applicant shall contact the Toxics Management Division (TMD) at 1947 Center Street or (510) 981-7470 to determine which of the following documents are required and timing for their submittal:

A. Environmental Site Assessments:
1) Phase I & Phase II Environmental Site Assessments (latest ASTM 1527-13). A recent Phase I ESA (less than 2 years old*) shall be submitted to TMD for developments for:
 All new commercial, industrial and mixed use developments and all large improvement projects.
 All new residential buildings with 5 or more dwelling units located in the Environmental Management Area (or EMA).
 EMA is available online
at: http://www.cityofberkeley.info/uploadedFiles/IT/Level_3_-_General/ema.pdf 2) Phase II ESA is required to evaluate Recognized Environmental Conditions (REC) identified in the Phase I or other RECs identified by TMD staff. The TMD may require a third party toxicologist to review human or ecological health risks that may be identified.

The applicant may apply to the appropriate state, regional or county cleanup agency to evaluate the risks.
3) If the Phase I is over 2 years old, it will require a new site reconnaissance and interviews.

If the facility was subject to regulation under Title 15 of the Berkeley Municipal Code since the last Phase I was conducted, a new records review must be performed.

B. Soil and Groundwater Management Plan:
1) A Soil and Groundwater Management Plan (SGMP) shall be submitted to TMD for all non- residential projects, and residential or mixed-use projects with five or more dwelling units, that: (1) are in the Environmental Management Area (EMA) and (2) propose any excavations deeper than 5 feet below grade. The SGMP shall be site specific and identify procedures for soil and groundwater management including identification of pollutants and disposal methods. The SGMP will identify permits required and comply with all applicable local, state and regional requirements.

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2) The SGMP shall require notification to TMD of any hazardous materials found in soils and groundwater during development. The SGMP will provide guidance on managing odors during excavation. The SGMP will provide the name and phone number of the individual responsible for implementing the SGMP and post the name and phone number for the person responding to community questions and complaints. 3) TMD may impose additional conditions as deemed necessary. All requirements of the approved SGMP shall be deemed conditions of approval of this Use Permit.

C. Building Materials Survey:
1) Prior to approving any permit for partial or complete demolition and renovation activities involving the removal of 20 square or lineal feet of interior or exterior walls, a building materials survey shall be conducted by a qualified professional. The survey shall include, but not be limited to, identification of any lead-based paint, asbestos, polychlorinated biphenyl (PBC) containing equipment, hydraulic fluids in elevators or lifts, refrigeration systems, treated wood and mercury containing devices (including fluorescent light bulbs and mercury switches). The Survey shall include plans on hazardous waste or hazardous materials removal, reuse or disposal procedures to be implemented that fully comply state hazardous waste generator requirements (22 California Code of Regulations 66260 et seq). The Survey becomes a condition of any building or demolition permit for the project.

Documentation evidencing disposal of hazardous waste in compliance with the survey shall be submitted to TMD within 30 days of the completion of the demolition. If asbestos is identified, Bay Area Air Quality Management District Regulation 11-2-401.3 a notification must be made and the J number must be made available to the City of Berkeley Permit Service Center.

D. Hazardous Materials Business Plan:
1) A Hazardous Materials Business Plan (HMBP) in compliance with BMC Section

15.12.040 shall be submitted electronically at http://cers.calepa.ca.gov/ within 30 days if on-site hazardous materials exceed BMC 15.20.040. HMBP requirement can be found at http://ci.berkeley.ca.us/hmr/
Prior to Issuance of Any Building (Construction) Permit

27. Bike Boulevard. The Project Proponent shall responsible for establishing Kains Avenue, between Harrison Street and Gilman Avenue, as a Class 3 bike boulevard (installing sharrow pavement markings and signage as required), consistent with the bike network improvements stated in the City’s Bicycle Plan (May 2017). The Project Proponent shall coordinate with the Public Works Department (Engineering and Transportation Divisions) to obtain necessary approvals.

28. Traffic Study. The Project Proponent shall retain the project traffic consultant to perform an analysis of the remaining eight traffic signal warrants at San Pablo and Harrison Avenues for consideration of a traffic signal for the intersection. The traffic study shall include an analysis of Level of Service (LOS) at this intersection for consideration of a left turn prohibition at the intersection. The traffic study shall be submitted to the Transportation Division for review and approval.

29. Parking Garage Exit. The Project Proponent shall submit plans showing the installation of a “Left Turn Only” sign and left turn pavement markings at the parking garage exit, to facilitate left turns only onto Harrison Street. The Project Proponent shall also consider modifying the driveway to

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angle toward the left to facilitate left turns. Sound level specifications for a pedestrian alert system at the garage exit shall be submitted for review and approval by Land Use Planning staff.

30. Geotechnical Construction Inspections. The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (granting of occupancy) project approval.

31. Parcel Merger. The applicant shall secure approval of any parcel merger and/or lot line adjustment associated with this Use Permit.

32. Percent for Public Art. Consistent with BMC §23C.23, the applicant shall either pay the required in-lieu fee or provide the equivalent amount in a financial guarantee to be released after installation of the On-Site Publicly Accessible Art.

33. Affordable Housing Mitigation Fee. Consistent with BMC §22.20.065, and fee resolution applicable to this project, the applicant shall provide a schedule, consistent with a schedule approved by the City Manager or her designee, outlining the timeframe for payment of the AHMF, and they shall pay this fee.

34. HVAC Noise Reduction. Prior to the issuance of building permits, the project applicant shall submit plans that show the location, type, and design of proposed heating, ventilation, and cooling (HVAC) equipment. In addition, the applicant shall provide product specification sheets or a report from a qualified acoustical consultant showing that operation of the proposed HVAC equipment will meet the City’s exterior noise requirements in BMC Section 13.40.050. The City’s Planning and Development Department shall review the submitted plans, including the selected HVAC equipment, to verify compliance with exterior noise standards.

35. Interior Noise Levels. Prior to issuance of a building permit, the applicant shall submit a report to the Building and Safety Division and the Zoning Officer by a qualified acoustic engineer certifying that the interior residential portions of the project will achieve interior noise levels of no more than 45 Ldn (Average Day-Night Levels). If the adopted Building Code imposes a more restrictive standard for interior noise levels, the report shall certify compliance with this standard.

36. Solar Photovoltaic (Solar PV). A solar PV system, on the solar zone specified in Section 110.10 of the 2019 Energy Code, shall be installed (subject to the exceptions in Section 110.10) as specified by the Berkeley Energy Code (BMC Chapter 19.36). Location of the solar PV system shall be noted on the construction plans.

37. Electric Vehicle (EV) Charging. At least 20% of the project parking spaces for residential parking shall be “EV Charger Ready”: equipped with raceway, wiring, and power to allow for future Level 2 (240 Volt/40 amp) plug-in electric vehicle (EV) charging system installation, and at least 80% of the project parking spaces for residential parking shall be ”EV Spaces Raceway Equipped”:
equipped with a raceway between an enclosed, inaccessible, or concealed area and an electrical service panel/subpanel as specified by the Berkeley Green Code (BMC Section 19.37.040). Any

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Level 2 EV charging systems installed at parking spaces will be counted toward the applicable readiness requirement. Readiness for EV charging and EV charging station installations shall be noted on the construction plans.

38. Water Efficient Landscaping. Landscaping, totaling 500 square feet of more of new landscaping or 2,500 square feet or more of renovated irrigated area, shall comply with the State’s Model Water Efficient Landscape Ordinance (MWELO). MWELO-compliant landscape documentation including a planting, grading, and irrigation plan shall be included in site plans. Water budget calculations are also required for landscapes of 2,500 square feet or more and shall be included in site plans. The reference evapotranspiration rate (ETo) for Berkeley is 41.8.

39. Prohibition of Natural Gas Infrastructure in New Buildings. The project shall comply with the City of Berkeley Prohibition of Natural Gas Infrastructure in New Buildings (BMC Chapter 12.80).

40. Recycling and Organics Collection. Applicant shall provide recycling and organics collection areas for occupants, clearly marked on site plans, which comply with the Alameda County Mandatory Recycling Ordinance (ACWMA Ordinance 2012-01).

41. Public Works ADA. Plans submitted for building permit shall include replacement of sidewalk, curb, gutter, and other streetscape improvements, as necessary to comply with current City of Berkeley standards for accessibility.

42. Required Parking Spaces for Persons with Disabilities. Per BMC Section 23.322.040.H of the Zoning Ordinance, “If the number of required off-street parking spaces in a non-residential district is reduced as allowed by this chapter, the number of required parking spaces for persons with disabilities shall be calculated as if there had been no reduction in required spaces.” Prior to Demolition or Start of Construction:

43. Construction Meeting. The applicant shall request of the Zoning Officer an on-site meeting with City staff and key parties involved in the early phases of construction (e.g., applicant, general contractor, foundation subcontractors) to review these conditions and the construction schedule.

The general contractor or applicant shall ensure that all subcontractors involved in subsequent phases of construction aware of the conditions of approval.

During Construction:

44. Construction Hours. Construction activity shall be limited to between the hours of 8:00 AM and 6:00 PM on Monday through Friday, and between 9:00 AM and Noon on Saturday. No construction-related activity shall occur on Sunday or any Federal Holiday.

45. Construction Hours- Exceptions. It is recognized that certain construction activities, such as the placement of concrete, must be performed in a continuous manner and may require an extension of these work hours. Prior to initiating any activity that might require a longer period, the developer must notify the Zoning Officer and request an exception for a finite period of time. If the Zoning Officer approves the request, then two weeks prior to the expanded schedule, the developer shall notify businesses and residents within 500 feet of the project site describing the expanded construction hours. A copy of such notice and methodology for distributing the notice shall be provided in advance to the City for review and approval. The project shall not be allowed more than 15 extended working days.

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46. Project Construction Website. The applicant shall establish a project construction website with the following information clearly accessible and updated monthly or more frequently as changes warrant:
 Contact information (i.e. “hotline” phone number, and email address) for the project construction manager
 Calendar and schedule of daily/weekly/monthly construction activities  The final Conditions of Approval, Mitigation Monitoring and Reporting Program, Transportation Construction Plan, Construction Noise Reduction Program, and any other reports or programs related to construction noise, air quality, and traffic.

47. Public Works - Implement BAAQMD-Recommended Measures during Construction. For all proposed projects, BAAQMD recommends implementing all the Basic Construction Mitigation Measures, listed below to meet the best management practices threshold for fugitive dust:

A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

C. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

D. All vehicle speeds on unpaved roads shall be limited to 15 mph.

E. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

F. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

G. All construction equipment shall be maintained and properly tuned in accordance with manufacturer‘s specifications. All equipment shall be checked by a certified visible emissions evaluator.

H. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District‘s phone number shall also be visible to ensure compliance with applicable regulations.

48. Air Quality - Diesel Particulate Matter Controls during Construction. All off-road construction equipment used for projects with construction lasting more than 2 months shall comply with one of the following measures:

A. The project applicant shall prepare a health risk assessment that demonstrates the project’s on-site emissions of diesel particulate matter during construction will not exceed health risk screening criteria after a screening-level health risk assessment is conducted in accordance with current guidance from BAAQMD and OEHHA. The health risk assessment shall be submitted to the Land Use Planning Division for review and approval prior to the issuance of building permits; or
B. All construction equipment shall be equipped with Tier 2 or higher engines and the most effective Verified Diesel Emission Control Strategies (VDECS) available for the engine type (Tier 4 engines automatically meet this requirement) as certified by the California Air

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Resources Board (CARB). The equipment shall be properly maintained and tuned in accordance with manufacturer specifications.

In addition, a Construction Emissions Minimization Plan (Emissions Plan) shall be prepared that includes the following:
 An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number.

For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date.  A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. The Emissions Plan shall be submitted to the Public Works Department for review and approval prior to the issuance of building permits.

49. Construction and Demolition Diversion. Divert debris according to your plan and collect required documentation. Get construction debris receipts from sorting facilities in order to verify diversion requirements. Upload recycling and disposal receipts if using Green Halo and submit online for City review and approval prior to final inspection. Alternatively, complete the second page of the original Construction Waste Management Plan and present it, along with your construction debris receipts, to the Building Inspector by the final inspection to demonstrate diversion rate compliance. The Zoning Officer may request summary reports at more frequent intervals, as necessary to ensure compliance with this requirement.

50. Low-Carbon Concrete. The project shall maintain compliance with the Berkeley Green Code (BMC Chapter 19.37) including use of concrete mix design with a cement reduction of at least 25%. Documentation on concrete mix design shall be available at all times at the construction site for review by City Staff.

51. Transportation Construction Plan. The applicant and all persons associated with the project are hereby notified that a Transportation Construction Plan (TCP) is required for all phases of construction, particularly for the following activities:
 Alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes);
 Storage of building materials, dumpsters, debris anywhere in the public ROW;  Provision of exclusive contractor parking on-street; or  Significant truck activity.

The applicant shall secure the City Traffic Engineer’s approval of a TCP. Please contact the Office of Transportation at 981-7010, or 1947 Center Street, and ask to speak to a traffic engineer. In addition to other requirements of the Traffic Engineer, this plan shall include the locations of material and equipment storage, trailers, worker parking, a schedule of site operations that may block traffic, and provisions for traffic control. The TCP shall be consistent with any other requirements of the construction phase.

Contact the Permit Service Center (PSC) at 1947 Center Street or 981-7500 for details on obtaining Construction/No Parking Permits (and associated signs and accompanying dashboard permits). Please note that the Zoning Officer and/or Traffic Engineer may limit off-site parking of construction-related vehicles if necessary to protect the health, safety or convenience of the

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surrounding neighborhood. A current copy of this Plan shall be available at all times at the construction site for review by City Staff.

52. Avoid Disturbance of Nesting Birds. Initial site disturbance activities, including vegetation and concrete removal, shall be prohibited during the general avian nesting season (February 1 to August 30), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation and concrete removal. In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) shall be established around such active nests and no construction shall be allowed inside the buffer areas until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). No ground- disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and January 31.

53. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).

Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted.

Therefore:

A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.

B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.

C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.

D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.

E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.

54. Human Remains (Ongoing throughout demolition, grading, and/or construction). In the event that human skeletal remains are uncovered at the project site during ground-disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to Section 15064.5 (e)(1) of

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the CEQA Guidelines. If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, and all excavation and site preparation activities shall cease within a 50-foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.

55. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction). In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented.

The plan shall be submitted to the City for review and approval.

56. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.

57. Stormwater Requirements. The applicant shall demonstrate compliance with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) permit as described in BMC Section 17.20. The following conditions apply:

A. The project plans shall identify and show site-specific Best Management Practices (BMPs) appropriate to activities conducted on-site to limit to the maximum extent practicable the discharge of pollutants to the City's storm drainage system, regardless of season or weather conditions.

B. Trash enclosures and/or recycling area(s) shall be covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system; these drains should connect to the sanitary sewer. Applicant shall contact the City of Berkeley and EBMUD for specific connection and discharge requirements. Discharges to the sanitary sewer are subject to the review, approval and conditions of the City of Berkeley and EBMUD.

C. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize the use of fertilizers and pesticides that contribute to stormwater pollution. Where feasible, landscaping should be designed and operated to treat runoff.

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When and where possible, xeriscape and drought tolerant plants shall be incorporated into new development plans.

D. Design, location and maintenance requirements and schedules for any stormwater quality treatment structural controls shall be submitted to the Department of Public Works for review with respect to reasonable adequacy of the controls. The review does not relieve the property owner of the responsibility for complying with BMC Chapter 17.20 and future revisions to the City's overall stormwater quality ordinances. This review shall be shall be conducted prior to the issuance of a Building Permit.

E. All paved outdoor storage areas must be designed to reduce/limit the potential for runoff to contact pollutants.

F. All on-site storm drain inlets/catch basins must be cleaned at least once a year immediately prior to the rainy season. The property owner shall be responsible for all costs associated with proper operation and maintenance of all storm drainage facilities (pipelines, inlets, catch basins, outlets, etc.) associated with the project, unless the City accepts such facilities by Council action. Additional cleaning may be required by City of Berkeley Public Works Engineering Dept.

G. All private or public projects that create and/or replace 10,000 square feet or more of impervious surface must comply with Provision C.3 of the Alameda County NPDES permit and must incorporate stormwater controls to enhance water quality. Permit submittals shall include a Stormwater Requirement Checklist and detailed information showing how the proposed project will meet Provision C.3 stormwater requirements, including a) Site design measures to reduce impervious surfaces, promote infiltration, and reduce water quality impacts; b) Source Control Measures to keep pollutants out of stormwater runoff; c) Stormwater treatment measures that are hydraulically sized to remove pollutants from stormwater; d) an O & M (Operations and Maintenance) agreement for all stormwater treatment devices and installations; and e) Engineering calculations for all stormwater devices (both mechanical and biological).

H. All on-site storm drain inlets must be labeled “No Dumping – Drains to Bay” or equivalent using methods approved by the City.

I. Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge or soaps or other pollutants to the storm drain.

Sanitary connections are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

J. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

K. The applicant is responsible for ensuring that all contractors and sub-contractors are aware of and implement all stormwater quality control measures. Failure to comply with the approved construction BMPs shall result in the issuance of correction notices, citations, or a project stop work order.

58. Public Works. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one-eighth millimeter thick and secured to the ground.

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59. Public Works. The applicant shall ensure that all excavation takes into account surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.

60. Public Works. The project sponsor shall maintain sandbags or other devices around the site perimeter during the rainy season to prevent on-site soils from being washed off-site and into the storm drain system. The project sponsor shall comply with all City ordinances regarding construction and grading.

61. Public Works. Prior to any excavation, grading, clearing, or other activities involving soil disturbance during the rainy season the applicant shall obtain approval of an erosion prevention plan by the Building and Safety Division and the Public Works Department. The applicant shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department.

62. Public Works. The removal or obstruction of any fire hydrant shall require the submission of a plan to the City’s Public Works Department for the relocation of the fire hydrant during construction.

63. Public Works. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division, and carry out any necessary corrective action to their satisfaction.

Prior to Final Inspection or Issuance of Occupancy Permit:

64. Compliance with Conditions. The project shall conform to the plans and statements in the Use Permit. The developer is responsible for providing sufficient evidence to demonstrate compliance with the requirements throughout the implementation of this Use Permit.

65. Compliance with Approved Plan. The project shall conform to the plans and statements in the Use Permit. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated March 23, 2022, except as modified by conditions of approval.

66. Transportation Demand Management. Prior to issuance of a Certificate of Occupancy, the
property owner shall facilitate a site inspection by Planning Department staff to confirm that the physical improvements required in Section 23.334.030(C) and 23.322.090 (bike parking) have been installed. The property owner shall also provide documentation that the programmatic measures required in 23.334.030(A) and 23.334.030(B) will be implemented.

A. Consistent with Section 23.334.030(A), all parking spaces provided for residents be leased or sold separate from the rental or purchase of dwelling units for the life of the dwelling units, such that potential renters or buyers shall have the option of renting or buying a dwelling unit at a price lower than would be the case if there were a single price for both the dwelling unit and the parking space(s).

B. Consistent with Section 23.334.030(B), at least one of the following transit benefits shall be offered, at no cost to the resident, for a period of ten years after the issuance of a Certificate of Occupancy. A notice describing these transportation benefits shall be posted in a location or locations visible to all employees.

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1. One monthly pass for unlimited local bus transit service for every bedroom in each dwelling unit, up to a maximum of two benefits per dwelling unit.

2. Subject to the review and approval of the Zoning Officer in consultation with the Transportation Division Manager, a functionally equivalent transit benefit in an amount at least equal to the price of a non-discounted unlimited monthly local bus pass.

C. Consistent with Section 23.334.030(C), publicly-available, real-time transportation information in a common area, such as a lobby or elevator bay, on televisions, computer monitors or other displays readily visible to residents and/or visitors, shall be provided. Transportation information shall include, but is not limited to, transit arrivals and departures for nearby transit routes.

Property owners may be required to pay administrative fees associated with compliance with this Condition.

BELOW MARKET RATE UNITS

67. Number of Below Market Rate Units. The project shall provide five (5) Very Low Income, below market rate rental dwelling units (“BMR Units”), which are required to comply with the State Density Bonus Law (Government Code Section 65915). The BMR Units shall be designated in the Regulatory Agreement and shall be reasonably dispersed throughout the project; be of the same size and contain, on average, the same number of bedrooms as the non-BMR units in the project; and be comparable with the design or use of non-BMR units in terms of appearance, materials and finish quality. The designation of BMR Units shall conform to the addresses assigned to the building by the City.

68. Regulatory Agreement. Prior to the issuance of a building permit, the applicant shall enter into a Regulatory Agreement that implements Government Code Section 65915 and this Use Permit.

The Regulatory Agreement may include any terms and affordability standards determined by the City to be necessary to ensure such compliance. The maximum qualifying household income for the BMR Units shall be 50 percent of area median income (AMI), and the maximum housing payment shall be 30 percent of 50 percent of AMI, as set forth in the following paragraphs of this condition. If the BMR units are occupied by very low income tenants receiving a rental subsidy through the Section 8 or Shelter Plus Care programs, the rent received by the project sponsor may exceed the restricted rent to the payment standards allowed under those programs so long as the rent allowed under the payment standards is not greater than the market rents charged for comparable units in the development. The applicant shall submit the Regulatory Agreement to the Housing and Community Services Department (HHCS) via email to [email protected] for review and approval.

69. In addition, the following provisions shall apply:

A. Maximum rent shall be adjusted for the family size appropriate for the unit pursuant to California Health & Safety Code Section 50052.5 (h).

B. Rent shall include a reasonable allowance for utilities, as published and updated by the Berkeley Housing Authority, including garbage collection, sewer, water, electricity, gas, and other heating, cooking and refrigeration fuels. Such allowance shall take into account the cost of an adequate level of service. Utilities do not include telephone service. Rent also includes any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits.

C.BMR units will be provided for the life of the project under Section 22.20.065.

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70. Determination of Area Median Income (AMI).
 The “AMI” (Area Median Income) shall be based on the income standards for the Oakland Primary Metropolitan Statistical Area reported by the United States Department of Housing and Urban Development (HUD). In the event HUD discontinues establishing such income standards, AMI shall be based on income standards determined by the California State Department of Housing and Community Development (HCD). If such income standards are no longer in existence, the City will designate another appropriate source or method for determining the median household income.
 The applicable AMI for the purpose of determining the allowable rent for each unit (but not for the purpose of determining eligibility for occupancy of an inclusionary unit) shall be determined in accordance with the following table:

Unit Size AMI Standard
Studio unit AMI for a one person household
One-bedroom unit AMI for a two person household
Two-bedroom unit AMI for a three person household
Three-bedroom unit AMI for a four person household

71. Nothing in these conditions shall be interpreted to prohibit, or to require modification of the Use Permit or Regulatory Agreement to allow, the provision of additional BMR units, or additional affordability, than are required in the foregoing provisions.

At All Times:

72. Transportation Demand Management Compliance. The property owner shall submit to the Planning Department periodic TDM Compliance Reports in accordance with Administrative Regulations, subject to the review and oversight of the Zoning Officer. Property owners may be required to pay administrative fees associated with compliance with this Condition, pursuant to BMC Section 23.334.040(B).

73. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.

74. Rooftop Projections. No additional rooftop or elevator equipment shall be added to exceed the approved maximum roof height without submission of an application for a Use Permit Modification, subject to Board review and approval.

75. Design Review. Signage and any other exterior modifications, including but not limited to landscaping and lighting, shall be subject to Design Review approval.

76. Drainage Patterns. The applicant shall establish and maintain drainage patterns that do not adversely affect adjacent properties and rights-of-way. Drainage plans shall be submitted for approval of the Building & Safety Division and Public Works Department, if required.

77. Electrical Meter. Only one electrical meter fixture may be installed per dwelling unit.

78. Residential Permit Parking. No Residential Permit Parking (RPP) permits shall be issued to project residents, nor shall commercial placards be issued to non-residential occupants and/or users of the site. The Land Use Planning staff shall notify the Finance Department, Customer

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Service Center, to add these addresses to the list of addresses ineligible for RPP permits. The property owner shall notify all tenants of rental units, and/or buyers of condominium units, of this restriction in leases and/or contracts, and shall provide sample leases and/or contracts including such notification to Land Use Planning staff prior to issuance of an occupancy permit or final inspection.

79. Tenant Notification. The developer shall provide tenant notification, via a lease rider or deed covenant, that each dwelling unit is located in a mixed-use area that includes commercial, food service and entertainment uses, and that each occupant shall not seek to impede their lawful operation.

80. Transit Subsidy Condition. The applicant / operator of the commercial space shall reimburse employees the maximum non-taxable cost of commuting to and from work on public transportation (e.g., monthly passes) if they so commute, and a notice informing employees of the availability of such subsidy shall be permanently displayed in the employee area as per BMC Chapter 9.88.

81. All exterior lighting shall be shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.

HARRISON ST.

SAN PABLO AVE.

PROJECT SITE
1201 SAN PABLO AVE
KAINS AVE.

PROJECT DESCRIPTION
N.T.S.

N

PROJECT DIRECTORY VICINITY MAP

ZONING CODE SUMMARY
(BASED ON THE BERKELEY MUNICIPAL ZONING CODE)
ZONING: C-W
SEE SHEET A0.1 FOR COMPLETE ZONING DATA
OWNER/APPLICANT:

Lanhai Su
4500 Great America Pkwy
Santa Clara CA, 95054
ARCHITECT:

David Trachtenberg, Principal

TRACHTENBERG ARCHITECTS
2421 Fourth Street
Berkeley, CA 94710
510.649.1414
www.TrachtenbergArch.com
PROJECT ADDRESS: 1201 SAN PABLO AVENUE, BERKELEY, CA 94706 APN: 060 240500100; 060 240503101
SCOPE OF WORK:

SB-330 APPLICATION FOR THE CONSTRUCTION OF A NEW 6-STORY MIXED-USE RESIDENTIAL DEVELOPMENT WITH 66 DWELLING UNITS, GROUND LEVEL LOBBIES, COMMERCIAL, AND PARKING, WITH A STATE OF CALIFORNIA DENSITY BONUS.

GENERAL

INFORMATION
A0.0

DRAWING LIST

ARCHITECTURAL
SHEET NO. & TITLE

CONCEPTUAL VIEW OF PROJECT LOOKING SOUTH ALONG SAN PABLO A0.0GENERAL INFORMATION
A2.2PLAN AT LEVELS 2 - 4
A2.3PLAN AT LEVEL 5
A3.1

ELEVATIONS
A3.2

PERSPECTIVE VIEWS

BUILDING SECTIONS
A3.3
A3.4
A3.5
A4.1

ELEVATIONS

ELEVATIONS

ELEVATIONS
A2.1 SITE PLAN/ PLAN AT GROUND LEVEL
A0.1 ZONING INFORMATION
A2.4PLAN AT LEVEL 6
A1.0 SURVEY
A2.5PLAN AT ROOF
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS

03.23.2022 DRC REVISIONS

PERSPECTIVE VIEWS

PERSPECTIVE VIEWS
A3.6
A3.7
A3.8

STREET STRIP ELEVATIONS
PERSPECTIVE VIEWSA3.9
A0.3 DENSITY BONUS DIAGRAMS
WALL SECTIONS & DETAILSA4.2
PRELIMINARY STORMWATER MANAGEMENT PLANSW-1
CONCEPTUAL GRADING PLANG-1
PHOTO MATCH PERSPECTIVESA3.14
A0.5 SITE CONTEXT PHOTOS
A0.4A SHADOW STUDIES
A0.4B SHADOW STUDIES
A0.4CSHADOW STUDIES
A0.4D SHADOW STUDIES
A0.4E SHADOW STUDIES

LANDSCAPE

MATERIAL BOARDMAT
LANDSCAPE PLAN - GROUND LEVELL-1.1
LANDSCAPE PLAN - LEVEL 2L-1.2
LANDSCAPE PLAN - LEVEL 6L-1.3
LANDSCAPE SECTIONS & PLANT PALETTEL-1.4
EAST PROPERTY LINE SCREENL-1.5
PERSPECTIVE VIEWSA3.10
PERSPECTIVE VIEWSA3.11
PERSPECTIVE VIEWSA3.12
PERSPECTIVE VIEWSA3.13
Attachment 1, Exhibit B
from ZAB 4/28/2022

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER
14'-6"
52'-0"
LEVEL 6 ROOF DECK
754 SQ. FT.

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER
37'-6"
5'-6"
26'-3" 15'-3"

PODIUM LEVEL

OPEN SPACE
1,640 SQ. FT.

PODIUM LEVEL
PATIOS W/ 6' MIN.

WIDTH, TYP OF (3)
120 SQ. FT.
9'-6"24'-0"
26'-0"14'-0"20'-2"
2 CY
BIN
2 CY
BIN
2 CY
BIN
2 CY
BIN
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
20'-8"
16'-6"

ZONING DATA
A0.1

ZONING CODE DATA
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS
LEVEL 6
LEVEL 2

OPEN SPACE DIAGRAMS

REFUSE AND RECYCLING

PROJECT SITE
1201 SAN PABLO
N.T.S.

N

ZONING MAP

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

2 CY
BIN
2 CY
BIN
2 CY
BIN
2 CY
BIN
96 gal
96 gal
8' x 18'8'-6" x 18'
(COL)
8'-6" x 18'
(COL)
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
+42.75 6.67% SLOPE1% SLOPE
GARAGE
17 SPACES

COMMERCIAL

LOBBYMEP
MEP
TRASH
2 CY
BIN
2 CY
BIN
2 CY
BIN
2 CY
BIN
96 gal
96 gal
8' x 18'8'-6" x 18'
(COL)
8'-6" x 18'
(COL)
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
+42.75 6.67% SLOPE1% SLOPEGARAGE

COMMERCIAL

LOBBYMEP
MEP
TRASH
14'-0" 10'-3"
68'-3"
3'-0"10'-3" 10'-3"10'-3"10'-3"
UNIT
UNIT
UNIT
UNIT

UNIT UNIT
UNIT
UNIT

GARAGETRASHLOBBY
cadcoaching.co.uk
14'-0" 10'-3"
47'-9"
3'-0"10'-3" 10'-3" UNIT
UNIT

UNIT UNIT
UNIT
UNIT

GARAGETRASHLOBBY
12346
7 8
9 10 11 12 13 14
15 16
5 12346
7 8
9 10 11 12 13 14
15 16
5 PODIUM OPEN SPACE
(1692 SF)
12346
9 10 11 12 13 14
16 17
5 15
7 8
36'-0"
47'-0"

PODIUM OPEN SPACE
(1692 SF)

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER
1 2
3 4
15 6
5 12
10 9
11 8 7
13 14

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER
1 2
3 12
4 9
7 8 6 5
10 11

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER
1 2
96 5 4 3
7 8
10'-6"
13'-8"8'-10"
7'-11" 8'-10" 18'-3"

OPEN TO BELOW

ROOF DECK
(775 SF)

PROPOSED DENSITY

BONUS PROJECT

DENSITY BONUS

DIAGRAMS
A0.3

PLAN AT GROUND LEVEL

BASE PROJECT
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS
PLAN AT LEVELS 2-3
PLAN AT LEVEL 4

PLAN AT GROUND LEVEL
PLAN AT LEVELS 2-4
PLAN AT LEVEL 5
PLAN AT LEVEL 6
PLAN AT ROOFPLAN AT LEVEL 4
0 4 8 16 0 4 8 16
SCALE: 3/64" = 1'-0" @ 24 X 36SCALE: 3/64" = 1'-0" @ 24 X 36

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1107INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1107INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1107INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
(N) SHADOW ON

LIVING ROOMS
(N) SHADOW ON
BEDROOMS 1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL

PROPOSED

PROJECT
1200

FUTURE MIXED-USE
APPROVED 11/12/20
(N) SHADOW ON

BEDROOMS
2SHADOW STUDY - DECEMBER 21: 2 HRS AFTER SUNRISE
1:100 @ 11X17 1:50 @ 24X36
3SHADOW STUDY - DECEMBER 21: NOON
1:100 @ 11X17 1:50 @ 24X36
1SHADOW STUDY - DECEMBER 21: 2-HRS BEFORE SUNSET
1:100 @ 11X17 1:50 @ 24X36
N

SHADOW STUDIES
DECEMBER 21ST
A0.4A
4SHADOW STUDY AXONOMETRIC - DEC 21: 2-HRS AFTER SUNRISE NTS
N N
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1107INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1107INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1107INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
2SHADOW STUDY - JUNE 21: 2 HRS AFTER SUNRISE
1:100 @ 11X17 1:50 @ 24X36
3SHADOW STUDY - JUNE 21: NOON
1:100 @ 11X17 1:50 @ 24X36
1SHADOW STUDY - JUNE 21: 2-HRS BEFORE SUNSET
1:100 @ 11X17 1:50 @ 24X36
Xref .\1928 - Titleblock 24 x36.dwg
N
N N

SHADOW STUDIES
JUNE 21ST
A0.4B
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

(N) SHADOW ON

LIVING ROOMS
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1223

COMMERCIAL
1220

COMMERCIAL
1060

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL

PROPOSED

PROJECT
1198

COMMERCIAL
1199

COMMERCIAL
(N) SHADOW ON

BEDROOMS
(N) SHADOW ON

LIVING ROOMS
(N) SHADOW ON

BEDROOMS
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL

PROPOSED

PROJECT
(N) SHADOW ON

BEDROOMS
1200

FUTURE MIXED-USE
APPROVED 11/12/20

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING

PROPOSED

PROJECT
(N) SHADOW ON

LIVING ROOMS
1213

RESIDENTIAL

SHADOW STUDIES
JUNE 21ST
A0.4C 1SHADOW STUDY AXONOMETRIC - JUN 21: 2-HRS BEFORE SUNSET NTS
3SHADOW STUDY AXONOMETRIC - JUNE 21: 2 HRS AFTER SUNRISE 1:100 @ 11X17 1:50 @ 24X36
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS
2SHADOW STUDY AXONOMETRIC - JUN 21: 2-HRS BEFORE SUNSET NTS

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1107INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL
1223

COMMERCIAL
1223

COMMERCIAL
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1198

COMMERCIAL
1149

INDUSTRIAL
1177

INDUSTRIAL
1107INDUSTRIAL
1060

INDUSTRIAL
1201

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL
1220

COMMERCIAL

PROPOSED

BUILDING
2SHADOW STUDY - JULY 2: 2 HRS AFTER SUNRISE
1:100 @ 11X17 1:50 @ 24X36
3SHADOW STUDY - JULY 2: NOON
1:100 @ 11X17 1:50 @ 24X36
1SHADOW STUDY - JULY 2: 2-HRS BEFORE SUNSET
1:100 @ 11X17 1:50 @ 24X36
N
N N

SHADOW STUDIES
JULY 2ND
A0.4D
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

(N) SHADOW ON

LIVING ROOMS
(N) SHADOW ON

BEDROOMS
1199

COMMERCIAL
HARRISON ST.

SAN PABLO AVE.
1117

RESIDENTIAL
1112

RESIDENTIAL
1110

RESIDENTIAL
1204

RESIDENTIAL
1206

RESIDENTIAL
1208

RESIDENTIAL
1210

RESIDENTIAL
1212

RESIDENTIAL
1214

RESIDENTIAL
1213

RESIDENTIAL
1215

RESIDENTIAL

PROPOSED

PROJECT
1200

FUTURE MIXED-USE
APPROVED 11/12/20
(N) SHADOW ON

BEDROOMS
(N) SHADOW ON

LIVING ROOMS
1200

FUTURE MIXED-USE
APPROVED 11/12/20
1223

COMMERCIAL
1220

COMMERCIAL
1060

INDUSTRIAL
1207

INDUSTRIAL
1215

INDUSTRIAL

PROPOSED

PROJECT
1198

COMMERCIAL
1199

COMMERCIAL
(N) SHADOW ON

BEDROOMS

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING

PROPOSED

PROJECT
(N) SHADOW ON

LIVING ROOMS
1213

RESIDENTIAL

SHADOW STUDIES
JULY 2ND
A0.4E 1SHADOW STUDY AXONOMETRIC - JULY 2: 2-HRS BEFORE SUNSET NTS
2SHADOW STUDY AXONOMETRIC - JULY 2: 2 HRS BEFORE SUNSET 1:100 @ 11X17 1:50 @ 24X36
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS
3SHADOW STUDY AXONOMETRIC - JULY 2: 2 HRS AFTER SUNRISE 1:100 @ 11X17 1:50 @ 24X36

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

SITE CONTEXT
PHOTOS
A0.5
1 -
GOOGLE EARTH BIRD'S EYE CONTEXT VIEW 3
-

VIEW FROM SAN PABLO LOOKING SOUTH
4 -
VIEW FROM HARRISON LOOKING EAST2
-

VIEW FROM SAN PABLO LOOKING NORTH
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS

PROJECT SITE
1201 SAN PABLO
1200 - 1212 SAN PABLO
(FUTURE 6-STORY MIXED-USE)
1197 SAN PABLO
(GILMAN AUTO)

PROJECT SITE
1201 SAN PABLO
1198 SAN PABLO
(MCDONALD'S)
1200 - 1212 SAN PABLO
(FUTURE 6-STORY MIXED-USE)
1220 SAN PABLO
(TOKYO FISH MARKET)

PROJECT SITE
1201 SAN PABLO
1213 SAN PABLO
(2-STORY MULTIFAMILY)
1200 - 1212 SAN PABLO
(FUTURE 6-STORY MIXED-USE)
1223 SAN PABLO
(101 AUTOBODY)
1200 - 1212 SAN PABLO
(FUTURE 6-STORY MIXED-USE)

PROJECT SITE
1201 SAN PABLO
1213 SAN PABLO
(2-STORY MULTIFAMILY)
1197 SAN PABLO
(GILMAN AUTO)
1110 HARRISON

SINGLE FAMILY RESIDENCE

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

SURVEY
A1.0
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS
1 -
SURVEY
1" = 20' @ 11X17 1" = 10' @ 24X36

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

PARKING GARAGE
4 SPACES REQUIRED.

PROJECT MAY PROVIDE EITHER:

A)UP TO 17 STANDARD NON-LIFT SPACES OR
B)UP TO 28 SPACES W/ DOUBLE LIFTS

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"

TRIPLE-STACK

RESIDENTIAL
LOBBY

COMMERCIAL
+/- 1,680 SF
5'-0" SETBACK
MEP
MEP

TRASH &
RECYC.

BIKES
(64)
2 CY
BIN
2 CY
BIN
2 CY
BIN
2 CY
BIN
96 gal
96 gal
24'-0" 18'-3"18'-0"
8' x 18'8'-6" x 18'
(COL)
8'-6" x 18'
(COL)
3'-0"
23 16'-0"28'-7"
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
MAIL
PRINT
OFFICE
MEP/
STOR.

LUXER
ONE
LUXER
ONE
LUXER
ONE
100'-0"

HARRISON ST (FRONT )
49'-5"
(N) 19'-0" CURB CUT
8'-6"

ADJACENT
2-STORY

RESIDENTIAL
4'-0"
+42.25
+44.25+44.75
+42.5
1 A4.1
2A4.1
1 A3.1
2A3.1
1A3.2
2A3.2
+42.5
+42.5
5'x5' 5'x5'
+43.75+42.5
+42.5
+42.75 6.67% SLOPE1% SLOPE

ENTRY AWNING,

SHOWN DASHED
(E) METERED

PARKING SPACES TO
REMAIN, TYP. OF (4)

MAINTENANCE ONLY LANDSCAPE

ADJACENT
GARAGE
1- STORY RESIDENTIAL BUILDING
(N) STREET TREE &

IN-GROUND PLANTERS,
S.L.D.
(N) BIKE RACKS,
TYP. OF 3
(6 SPACES TOTAL)

ENTRY AWNING,

SHOWN DASHED
(E) UTILITY POLES
& OVERHEAD

LINES TO REMAIN
(E) STREET LIGHTS
SAN PABLO AVE. (SIDE)
130'-0"
25'-0" LOADING

ZONE STRIPING
11'-3"
TO ADJ. BLDG
17'-0"
TO ADJ. BLDG.
6' WOOD FENCE AT
PROPERTY LINE ADJ.

RESIDENTIAL ZONE
(E) STREET TREES, TYP
OF (2) TO REMAIN,
S.L.D.
(N) STREET TREE,
S.L.D.
+43 TAKEOUT WINDOW /

OPTIONAL TAKEOUT
DOOR

PLAN AT

GROUND LEVEL/

SITE PLAN
A2.1
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS
1 -

SITE PLAN / GROUND LEVEL PLAN
1/16" = 1'-0" @ 11X17 1/8" = 1'-0" @ 24X368 416
N

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

37'-6"
10'-0"
10'-0"

WASHER /
DRYER
49'-9"

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER
57'-2"32'-10"
24'-0" 43'-0" 5'-0"24'-0" 24'-0"
10'-0"89'-0"1'-0"
101'-0"
5'-0"
24'-0"

WASHER /
DRYER
26'-3"
5'-6"
1A4.1
2A4.1
1A3.1
2A3.1
1 A3.2
2A3.2
10'-9"PATIO
PATIO
PATIO
PODIUM
GARDEN
1,640 SF

PLAN AT
LEVELS 2 - 4
A2.2
1 -
PLAN AT LEVELS 2 - 4
1/16" = 1'-0" @ 11X17 1/8" = 1'-0" @ 24X36
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS
8 0416
N

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

WASHER /
DRYER

BUILDING

STEP-DOWN

BUILDING

STEP-DOWN

WASHER /
DRYER

WASHER /
DRYER
32'-0"67'-0"1'-0"

WASHER /
DRYER
39'-0"
1A4.1
2 A4.1
1 A3.1
2A3.1
1 A3.2
2A3.2
PODIUM

GARDEN AT
LEVEL 2

PLAN AT
LEVEL 5
A2.3
1 -
PLAN AT LEVEL 5
1/16" = 1'-0" @ 11X17 1/8" = 1'-0" @ 24X36
Berkeley, CA 94706
1201

SAN PABLO

MIXED-USE

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
1928 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

03.11.2021 SB-330 PRE-APPLICATION

04.29.2021 ZONING APPLICATION

07.13.2021 ZONING COMPLETENESS

08.30.2021 ZONING COMPLETENESS

01.07.2022 ZAB REVISIONS

03.15.2022 DRC REVISIONS
8 0416
N

03.23.2022 DRC REVISIONS
ATTACHMENT 2
ZAB 04-28-2022