Berkeley City Council
December 13, 2022

Engineering; Project Development, Funding and Management; Urban Design and Streetscape Improvements; and Environmental Analysis.

BACKGROUND
On July 20, 2022, the City released a Request for Qualifications (RFQ) under Specification No. 22-11508-C for On-call Transportation Planning Services. The RFQ requested Statements of Qualification from firms, or teams of firms, to assist Public Works Transportation staff with complex planning, design and traffic engineering projects.

Submittals were due September 13, 2022, and the City received eight eligible Statements of Qualification. A selection panel of Public Works staff reviewed and scored each submittal. Staff recommends contracting with five firms: Alta Planning + Design, Community Design + Architecture, Fehr & Peers, NN Engineering, and Toole Design Group, the firms that received the highest scores.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The projects that will be undertaken by the on-call transportation planning consultants were selected to improve transportation safety and efficiency, and to promote overall transportation sustainability and resiliency for Berkeley. These projects are intended to increase the number of Berkeley residents and visitors walking, biking, and taking transit, while decreasing vehicle miles travelled and related greenhouse gas emissions. This is consistent with the Berkeley Climate Action Plan, which sets a target of reducing transportation emissions 80% below year 2000 levels by 2050. The Plan further states that transportation modes such as public transit, walking, and bicycling must become the primary means of fulfilling the City’s mobility needs in order to meet this target.

RATIONALE FOR RECOMMENDATION
All submittals were reviewed and scored according to the criteria in the RFQ. Staff selected firms that were deemed the most qualified to assist the City.

ALTERNATIVE ACTIONS CONSIDERED
Projects could be carried out by current City staff. However, that would require long-term reassignment of transportation planning, traffic engineering and civil engineering staff resources that would significantly delay or defer other work plan priorities.

CONTACT PERSON
Farid Javandel, Deputy Director of Transportation, Public Works, 981-7061 Beth Thomas, Principal Planner, Public Works, 981-7068
Attachments:
1: Resolution: Alta Planning + Design, Inc.
2: Resolution: Community Design + Architecture
3: Resolution: Fehr & Peers
4: Resolution: NN Engineering, Inc.
5: Resolution: Toole Design Group, LLC

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

CONTRACT: ALTA PLANNING + DESIGN, INC. FOR ON-CALL TRANSPORTATION

PLANNING SERVICES
WHEREAS, on July 20, 2022, the City released a Request for Qualifications (Specification No. 22-11508-C) seeking firms or individuals to provide On-call Transportation Planning Services; and
WHEREAS, on September 13, 2022, the City received eight submissions, which were reviewed and rated; and
WHEREAS, the submission from Alta Planning + Design, Inc. has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding is currently available in the FY 2023 budget and additional funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Alta Planning + Design, Inc. for On-call Transportation Planning Services for the contract period of January 1, 2023 through June 30, 2028 in an amount not to exceed $1,000,000. A record signature copy of said contract and any amendments is to be on file in the Office of the City Clerk.

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

CONTRACT: COMMUNITY DESIGN + ARCHITECTURE FOR ON-CALL

TRANSPORTATION PLANNING SERVICES
WHEREAS, on July 20, 2022, the City released a Request for Qualifications (Specification No. 22-11508-C) seeking firms or individuals to provide On-call Transportation Planning Services; and
WHEREAS, on September 13, 2022, the City received eight submissions, which were reviewed and rated; and
WHEREAS, the submission from Community Design + Architecture has been found to be fully qualified and responsive to the City’s request; and WHEREAS, funding is currently available in the FY 2023 budget and additional funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Community Design + Architecture for On-call Transportation Planning Services for the contract period of January 1, 2023 through June 30, 2028 in an amount not to exceed $1,000,000. A record signature copy of said contract and any amendments is to be on file in the Office of the City Clerk.

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

CONTRACT: FEHR & PEERS FOR ON-CALL TRANSPORTATION PLANNING

SERVICES
WHEREAS, on July 20, 2022, the City released a Request for Qualifications (Specification No. 22-11508-C) seeking firms or individuals to provide On-call Transportation Planning Services; and
WHEREAS, on September 13, 2022, the City received eight submissions, which were reviewed and rated; and
WHEREAS, the submission from Fehr & Peers has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding is currently available in the FY 2023 budget in project budgets and additional funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Fehr & Peers for On-call Transportation Planning Services for the contract period of January 1, 2023 through June 30, 2028 in an amount not to exceed $1,000,000. A record signature copy of said contract and any amendments is to be on file in the Office of the City Clerk.

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

CONTRACT: NN ENGINEERING, INC. FOR ON-CALL TRANSPORTATION PLANNING

SERVICES
WHEREAS, on July 20, 2022, the City released a Request for Qualifications (Specification No. 22-11508-C) seeking firms or individuals to provide On-call Transportation Planning Services; and
WHEREAS, on September 13, 2022, the City received eight submissions, which were reviewed and rated; and
WHEREAS, the submission from NN Engineering, Inc. has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding is currently available in the FY 2023 budget and additional funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with NN Engineering, Inc. for On-call Transportation Planning Services for the contract period of January 1, 2023 through June 30, 2028 in an amount not to exceed $1,000,000. A record signature copy of said contract and any amendments is to be on file in the Office of the City Clerk.

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

CONTRACT: TOOLE DESIGN GROUP, LLC FOR ON-CALL TRANSPORTATION

PLANNING SERVICES
WHEREAS, on July 20, 2022, the City released a Request for Qualifications (Specification No. 22-11508-C) seeking firms or individuals to provide On-call Transportation Planning Services; and
WHEREAS, on September 13, 2022, the City received eight submissions, which were reviewed and rated; and
WHEREAS, the submission from Toole Design Group, LLC has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding is currently available in the FY 2023 budget and additional funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Toole Design Group, LLC for On-call Transportation Planning Services for the contract period of January 1, 2023 through June 30, 2028 in an amount not to exceed $1,000,000. A record signature copy of said contract and any amendments is to be on file in the Office of the City Clerk.

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
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contracts: On-Call Architectural Services: ELS Architecture and Urban Design; Noll & Tam Architects; and Siegel & Strain Architects

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call architectural design services in support of the City’s annual Facilities CIP program, each from January 1, 2023 through December 31, 2025:

1. ELS Architecture and Urban Design (ELS), for an amount not to exceed $3,333,334.

2. Noll & Tam Architects (N&T), for an amount not to exceed $3,333,333.

3. Siegel & Strain Architects (SSA), for an amount not to exceed $3,333,333.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this on-call contract will be identified within capital project budgets and requested for appropriation via future Amendments to the FY 2023 Annual Appropriations Ordinance or in future fiscal years as projects arise based on department needs. Funds anticipated to be used for Public Works and Parks, Recreation, and Waterfront facilities projects are Capital Improvement Fund 501, Measure T1 511, and Parks Tax 138. These contracts are essential since they provide architectural consulting services for City facilities within the Public Works (PW) and Parks, Recreation, and Waterfront (PRW) Departments. The contracts also support the City’s T1 Program and the Capital Improvement Program. A number of the City’s facilities are outdated and in need of replacement or upgrade. These on-call contracts will allow the repair of problems before they occur and provide safe, reliable, and code-compliant facilities

CURRENT SITUATION AND ITS EFFECTS
Requests for Qualifications (RFQ) were issued on June 2, 2022 (Specification No. 22- 11419-C), seeking qualified firms or individuals to provide on-call architectural design services in support of the City’s annual Facilities Capital Improvement Projects (CIP) and T1 projects.

On June 30, 2022, the City received 18 proposals from architectural firms, which were evaluated by a review panel. ELS, Noll & Tam, and Siegel & Strain were determined to be the best qualified to meet the City’s needs.

Contracts: On-Call Architectural Services CONSENT CALENDAR December 13, 2022
The services provided by this contractor will support the Strategic Plan goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City operates 95 facilities, not including Library facilities and those leased to other entities. The 95 facilities include 39 in PRW’s inventory and 56 under Public Works.

Over the next several years, the Engineering Division of the Public Works Department (PW) and the Parks, Recreation, and Waterfront Department (PRW) are expecting significantly increased workloads, resulting from deferred maintenance, on-going capital projects, and T1 projects. The second T1 phase includes design or construction of over fifteen building facility projects during the next three years. Architectural consultants are necessary to support PW and PRW staff to complete these projects as needed.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no negative environmental effects of this action. These contracts will help ensure the successful completion of facility capital improvement projects, which will incorporate sustainable elements from resolutions and ordinances administered by the City’s Office of Energy and Sustainable Development, the City of Berkeley Revised General Plan, the City’s Climate Action Plan, and CalGreen.

RATIONALE FOR RECOMMENDATION
ELS, Noll & Tam, and Siegel & Strain have particular expertise in architectural design services. They were the top three ranked firms and are the best qualified to meet the City’s needs.

City staff recommends awarding a contract to all three consultants to get the best value for the City, because it will distribute the anticipated workload, create an alternative source for services, and secure more competitive proposals.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered since the City needs assistance from architectural services firms to complete the required work. Architectural design support will be critical to complete T1 and CIP projects within the established time frame.

CONTACT PERSON
Joe Enke, Manager of Engineering, Public Works (510) 981-6411 Elmar Kapfer, Supervising Civil Engineer, Public Works (510) 981-6435 Farid Javandel, Deputy Director of Transportation, Public Works (510) 981-7061 Attachments:
1: Resolution: Contract with ELS Architecture and Urban Design 2: Resolution: Contract with Noll & Tam Architects
3: Resolution: Contract with Siegel & Strain Architects

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

CONTRACT: ELS ARCHITECTURE AND URBAN DESIGN FOR ON-CALL

ARCHITECTURAL SERVICES FOR CAPITAL IMPROVEMENT PROJECTS WHEREAS, on June 2, 2022 the City released a Request for Qualifications (Specification No. 22-11419-C) seeking firms or individuals to provide on-call architectural design services for capital improvement projects; and
WHEREAS, on June 30, 2022, the City received eighteen (18) submissions, which were reviewed and rated; and
WHEREAS, the submission from ELS Architecture and Urban Design has been found to be fully qualified and responsive to the City’s request; and WHEREAS, funding will be identified and requested for appropriation as projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with ELS Architecture and Urban Design for on-call architectural design services for capital improvement projects for the contract period of January 1, 2023 through December 31, 2025 in an amount not to exceed $3,333,334. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONTRACT: NOLL & TAM ARCHITECTS FOR ON-CALL ARCHITECTURAL

SERVICES FOR CAPITAL IMPROVEMENT PROJECTS
WHEREAS, on June 2, 2022 the City released a Request for Qualifications (Specification No. 22-11419-C) seeking firms or individuals to provide on-call architectural design services for capital improvement projects; and
WHEREAS, on June 30, 2022, the City received eighteen (18) submissions, which were reviewed and rated; and
WHEREAS, the submission from Noll & Tam Architects has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding will be identified and requested for appropriation as projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Noll & Tam Architects for on-call architectural design services for capital improvement projects for the contract period of January 1, 2023 through December 31, 2025 in an amount not to exceed $3,333,333. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONTRACT: SIEGEL & STRAIN ARCHITECTS FOR ON-CALL ARCHITECTURAL

SERVICES FOR CAPITAL IMPROVEMENT PROJECTS
WHEREAS, on June 2, 2022 the City released a Request for Qualifications (Specification No. 22-11419-C) seeking firms or individuals to provide on-call architectural design services for capital improvement projects; and
WHEREAS, on June 30, 2022, the City received eighteen (18) submissions, which were reviewed and rated; and
WHEREAS, the submission from Siegel & Strain Architects. has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding will be identified and requested for appropriation as projects arise; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Siegel & Strain Architects for on-call architectural design services for capital improvement projects for the contract period of January 1, 2023 through December 31, 2025 in an amount not to exceed $3,333,333. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Commission on Disability
Submitted by: Michai Freeman, Chairperson, Commission on Disability Subject: Authorization for an Additional Commission on Disability Meeting in 2022

RECOMMENDATION
Adopt a Resolution authorizing one additional meeting of the Commission on Disability in 2022.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Commission on Disability requests approval to hold a Special Meeting in December 2022, for the purpose of discussing and providing information to City Council on the Bike Plan, Auto Captioning at city meetings, and the elevator ordinance. Submission of this report for authorization of the additional meeting was approved by the Commission on Disability at its October 26, 2022 meeting. (Vote: Ayes: Freeman, Walsh. Noes:

None. Abstain: None. Absent: Singer. Motion/Second: Freeman/Walsh)

BACKGROUND
Resolution No. 68,258-N.S. governs the number of meetings for boards and commissions and places the Commission on Disability in Category B with a maximum of 10 meetings per year. In 2022, the Commission has held the maximum of 10 meetings from January through October.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts or opportunities associated with this report.

RATIONALE FOR RECOMMENDATION
The additional meeting requested for December is an opportunity for the Commission to provide information to Council members for consideration on matters of concern to Berkeley residents. The work planning of the Commission advances the City Strategic Plan Priority Goal of providing state-of-the art, well maintained infrastructure, amenities, and facilities.

Authorization for Additional Public Works Commission Meeting in 2022 CONSENT CALENDAR December 13, 2022

ALTERNATIVE ACTIONS CONSIDERED
None.

CITY MANAGER
The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON
Andrew Brozyna, Secretary, Commission on Disability, (510) 981-6396 Attachments:
1: Resolution

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

AUTHORIZING ADDITIONAL MEETING FOR THE COMMISSION ON DISABILITY WHEREAS, Resolution No. 68,258-N.S. stipulates how many annual meetings are allowed for Berkeley’s commissions and places the Commission on Disability in Category B, with a maximum of 10 meetings per year; and
WHEREAS, the Commission on Disability plans to hold an additional meeting in December for the purpose of discussing and providing information to City Council on the Bike Plan, Auto Captioning at city meetings, and the elevator ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council authorizes one additional meeting in 2022 for the Commission on Disability.

[Commission Name]
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
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Disaster and Fire Safety Commission
Submitted by: Weldon Bradstreet, Vice Chairperson, Disaster and Fire Safety Commission
Subject: Measure FF Budget Recommendation - Expanded Fire Prevention Inspection Program

RECOMMENDATION
Summary. With the risk of catastrophic wildfire steadily increasing due to climate change, the Disaster and Fire Safety Commission (DFSC) recommends prioritizing wildfire fuel reduction in the FY 23 and FY 24 Measure FF budget by expanding the Fire Department’s Fire Prevention Inspection Program and fully enforcing the existing Fire Code to clear vegetation build-up and overgrowth within 100 feet of structures in Berkeley’s Very High Fire Severity Zones (VHFSZs) (Fire Zones 2 and 3). In addition, the Fire Code would be strengthened as needed to require removal of hazardous vegetation on the entirety of properties beginning in FY 25. The program would provide for City vegetation management crews to clear vegetation where property owners opt into the program or fail to comply, with no-interest liens placed upon properties to recover direct costs upon transfer. Special emphasis should be placed on eucalyptus groves due to their high flammability and potential to create spot fires.

Funding for this expanded program, together with the Fire Department’s existing home inspection program, which is focused on creating defensible space around structures, would be supported by devoting 21 percent and 26 percent of Measure FF revenues for FY 23 and FY 24, respectively. (See table below.)
Description. The Fire Department’s existing home inspection program is focused primarily on ensuring 30 feet of defensible space around structures in Fire Zones 2 and

3. Consistent with Berkeley’s and California’s regulations, the DFSC recommends that the program be expanded to routinely require defensible space within 100 feet of any structure, particularly on any portion of a slope, including the removal of particularly fire- prone vegetation. The City should develop additional regulations to require removal of highly fire-prone vegetation on the entirety of properties beginning in FY 25. Highly fire- prone vegetation is widely recognized to include eucalyptus, Monterey pine, juniper, and limited other species.

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022
The DFSC also recommends that the City expand its capability, possibly in conjunction with the Parks and Recreation Department, to clear brush and remove trees as necessary to meet existing regulations where property owners fail to comply, with liens placed upon properties to recover direct costs upon transfer, as provided under BFC Sec. 4907.2.2. As a City program is likely to provide economies of scale, other efficiencies, and expert guidance, and as the health and safety of Berkeley residents is promoted by facilitating compliance, property owners should be allowed to opt into the City’s vegetation clearance program with cost-recovery provided through property liens.

In either case, no interest should be assessed on direct costs, given the public benefits and the availability of Measure FF funds to carry the cost.

This proposed program is consistent with the recommendations of the Hills Emergency Forum, of which the City is a member along with other East Bay authorities, to thin and remove hazardous vegetation on private property as well as public property.1 The initial phase of the program (FY 23) would be focused on requiring removal of debris build-up on the ground, loose bark to 8 feet above ground, tree limbs to 10 feet above ground, and saplings and subordinate trees that could ignite upper canopy throughout each property. The second phase (planned in FY 23, implemented beginning no later than FY 24) would require removal of hazardous trees and other hazardous vegetation, provide for any necessary erosion control measures, and encourage revegetation with native, fire-resistant species. Beginning in FY 25, property owners would be required to properly maintain their entire property, adding or clarifying Fire Code provisions as necessary that the Fire Department and the DFSC would develop in consultation with the City Attorney for Council’s consideration. The proposed budgets may include a program manager, additional inspectors, expert consultants, and crews as needed.

Three additional elements of the program should include: (a) removal of trees and vegetation on private and City property to meet existing regulations that require unobstructed 20-foot clearance for emergency egress and emergency vehicle access2; (b) removal of hazardous trees and vegetation on City property as needed,3 and (c) removal of large trees posing public safety hazards on private property that have been identified outside of the VHFSZs, included in this program as an equity measure, if possible.4 The cost of clearing City property could be funded through Measure FF as needed.
1 See Hills Emergency Forum (http://www.hillsemergencyforum.org/MgmtRecmdtn.html). 2 Cal. Code Regs. tit. 14 § 1273.01.
3 The City’s Parks and Recreation Department is currently addressing these hazards in city parks and may largely complete the effort in FY 22.
4 Consultation with the City Attorney as to the ability to expend Measure FF funds on trees posing safety hazards other than wildfire is advised.

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022

POLICY COMMITTEE RECOMMENDATION
On November 21, 2022, the Public Safety Committee adopted the following action:

M/S/C (Kesarwani/Wengraf) Positive recommendation to adopt the City Manager’s recommendation as presented in the companion report. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
This DFSC recommendation addresses the prioritization of Measure FF funds and will have no impact on General Funds. However, by prioritizing the reduction of flammable vegetation throughout Berkeley’s VHFSZs, these recommendations will reduce the likelihood of wildfire and the intensity and severity of any wildfires that occur in the City, which would destroy homes and other property and have other far-reaching negative fiscal impacts, including exacerbation of the existing housing crisis.

The Fire Department recently abandoned an application for a CalOES/FEMA grant to address hazardous vegetation due to competing priorities, disqualifying events, costs and disproportionate commitment of staff time needed for grant application and performance.5

CURRENT SITUATION AND ITS EFFECTS
At the April 27 Special Meeting, the commission passed a motion to recommend prioritizing wildfire fuel reduction in the FY 23 and FY 24 Measure FF budget by expanding the Fire Department’s Fire Prevention Inspection Program and fully enforcing the existing Fire Code to clear vegetation build-up and overgrowth within 100 feet of structures in Berkeley’s Very High Fire Severity Zones (VHFSZs) (Fire Zones 2 and 3).

M/SC: (Stein, Bradstreet) Ayes: Bradstreet, Rader, Cutler, Stein, Simmons; Noes:

Bedolla, Abstain: None; Absent: Dean, Degenkolb.
5 BFD Monthly Report to the DFSC, March 23, 2022.

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022
The Fire Department’s existing home inspection program is generally limited to addressing a 30-foot radius around structures in Fire Zones 2 and 3, and removal of hazardous vegetation (e.g., eucalyptus and junipers) is generally not required.

Therefore, the inspection program does not address major areas of vegetation build-up and hazardous trees on private land. Such vegetation is widely recognized to contribute to the likelihood, severity and speed of a wildfire and thus poses an immediate wildfire threat to the City. As discussed below, however, California’s and Berkeley’s regulations provide for more aggressive inspections and enforcement.

BACKGROUND
Measure FF passed on November 3, 2020, with a 74.2 percent “yes” vote and generates approximately $8.5 million annually. Among other important objectives, including improvements to the 9-1-1 dispatch system, training facility improvements, and funding of new ambulances and technicians, the measure supports wildfire prevention and preparedness activities including vegetation management. In a 2020 community survey, a tax for wildfire prevention received 69 percent approval from residents and was the most popular rationale for a new tax to support fire and emergency services.6
Measure FF funds have been used in part to create a home inspection program housed in the Fire Department, which is aimed primarily at creating 30 feet of “defensible space” around structures. “Defensible space” means the area adjacent to a structure where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.7 Slope is a primary factor that increases an area’s susceptibility to wildfire.8 Berkeley’s Fire Department inspectors may require additional treatments within 100 feet of any property,9 however this is the “exception rather than the rule.”10 State 6 See p. 5 of the supplemental material for item 13 on the June 2, 2020 Council meeting:
https://www.cityofberkeley.info/Clerk/City_Council/2020/06_June/City_Council__06-02-2020_- _Regular_Meeting_Agenda.aspx.
7 See Cal. Gov. Code Sec. 51177(a) and BFC Sec. 4907.2.1. https://berkeley.municipal.codes/BMC/19.48.020.
8 See CalFire, Prepare for Wildfire – Defensible Space, https://www.readyforwildfire.org/prepare-for-wildfire/get-ready/defensible-space/. 9 Berkeley Fire Department, “Fire Prevention Inspection Report, Wildland-Urban Interface Area” (Rev. 05/2020) (included in June 1, 2021, Berkeley Fire Department mailing to Berkeley property owners).
10 According to Chief May of the BFD, “State law technically makes a property owner responsible for providing defensible space on their property out to a distance of 100 ft. from structures. However, the same law allows for varying intensity of vegetation management between 0 ft. – 30 ft. and 30 ft. – 100 ft. from structures. Based on our local lot size and geometry the Berkeley Fire Department is concentrating on the space

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022
law, however, requires 100 feet of defensible space for all properties in wildfire-urban interface areas,11 and most of Fire Zones 2 and 3 is on slopes. Given the threat of wildfire and given that many private property areas within Berkeley contain dense and hazardous vegetation that will go untreated under current practice, Berkeley should fully enforce state requirements, which are consistent with Berkeley’s Fire Code that requires maintenance of an effective firebreak by “removing and clearing away flammable vegetation and combustible growth.” Flammable vegetation is widely recognized to include eucalyptus, Monterey pine, juniper and limited other species.12,13 Berkeley has many areas of vegetative fuel build-up that are beyond 30 feet of any structure. Examples of large such areas include numerous concentrations of eucalyptus and other hazardous vegetation that exist throughout Fire Zones 2 and 3, including canyons with creeks, such as Cerritos Creek and Codornices Creek canyons, and areas between homes on the long slopes between tiered streets that are often untended and overgrown. Eucalyptus trees are a particular hazard, due to their high fuel-loading per acre, ease of ignition, fire intensity and flame length.14 The Hillside Fire Safety Group has identified seven eucalyptus groves of 15 trees or more on 103 private properties and three groves of 15 trees or more in three City parks (Remillard, Cragmont Rock and Glendale-La Loma). Smaller groups or single trees have also been found on 16 private properties and on seven other City properties (Two parks and 5 Right-of-Ways). In total, Eucalyptus trees have been found on approximately 119 private properties and 10 City locations. The 10 groves private and City property account for most of the approximately 717 eucalyptus trees north of the 0 ft. – 30 ft. from structures as well as within 10 ft. of road and street frontages. There may be some circumstances where [defensible space] greater than 30 ft. is necessary and achievable, but these will be exceptions rather than the rule. There is no requirement to ‘groom hillsides’ (i.e., to cut/trim vegetation just to cut vegetation).

Vegetation management is required where conditions in one of the defensible spaces around a structure or other target area require it.” (Response to October 18, 2021, questions posed by DFSC Commissioner Rader.)
11 See CalFire, “Homeowners Checklist” (2009). https://www.readyforwildfire.org/wp- content/uploads/Homeowners-Checklist.pdf
12 See notes 13, 14, 22, and 28 infra.
13 Flammable vegetation expressly does not include “[s]pecimens of trees, ornamental shrubbery or similar plants which are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure.” BFC Sec. 4907.2. 14 See East Bay Regional Park District, “Blue Gum Eucalyptus: A Wildfire Threat” (http://www.hillsemergencyforum.org/docs/EucTreatment.pdf); Russell and McBride, 2002, Agree et al., 1973, and Chenny, 1981, as cited in J.R. McBride’s Fuel Management Proposal for Claremont and Strawberry Canyons, 2019. (Available at https://www.claremontcanyon.org/fuel- management-proposal.)

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022
UC Berkeley and Berkeley Lab campuses.15 When one adds the approximately 415 Eucalyptus trees along the northern boundary of the UC Berkeley and Berkeley Lab campus, the total number of Eucalyptus trees in north Berkeley is 1,132. This does not include the Eucalyptus trees further to the south inside the UC Berkeley and Berkeley Lab campuses.

A significantly smaller number of additional hazardous trees exist in Fire Zone 3 (Panoramic Hill) and in the Fire Zone 2 area south of campus (areas of which burned in the 1991 Tunnel Fire). Many, if not most, of these areas require clean up. Better fuel management can also enable firefighters to assemble and more safely undertake fire suppression activities.16
The consultant recently hired by the Fire Department to prepare its Community Wildfire Protection Plan (CWPP) has explained the “unparalleled” potential of burning eucalyptus embers to create spot fires, which create some of the most destructive wildfires. The consultant noted that “[p]revention of crown fire in eucalyptus in the Berkeley/Oakland hills, and elsewhere in the East Bay is of paramount importance to the fire safety of a very large population.”17 For this reason, eucalyptus groves should be prioritized in the City’s inspection program.

It is well understood that ladder fuels can carry
fire from ground fuels to tree crowns where it
can become a devastating fire that quickly
spreads.18 Within its “State Responsibility Area,”
CalFIRE has embarked on many programs to
reduce fuel loads and create horizontal and
vertical fuel breaks to protect California’s most
wildfire-vulnerable communities.19 CalFIRE is
not responsible for densely populated areas,
however, which falls to local governments such
as Berkeley. (See Figure at right.) While
CalFIRE addresses fuel loads in areas near or
adjacent to vulnerable urban areas, it is
15 Hillside Fire Safety Group presentation to the DFSC (February 23, 2022), plus Cragmont Rock Park and additional groves and trees in areas north of Marin Avenue. 16 Note 14 supra (McBride 2019).
17 Carol Rice, Wildland Res Mgt, UC Berkeley Wildland Vegetative Fuel Management Plan at pp. 25-27 (July 2020 Draft). Emphasis added.
18 See CalFIRE, Fire and Fuels Treatment: https://www.fire.ca.gov/programs/resource- management/resource-protection-improvement/wildfire-resilience/forest-stewardship/fire-and- fuels-treatment/.
19 See, e.g., CalFIRE’s Fuel Reduction Guide (2021)
(https://www.fire.ca.gov/media/4jqerfjh/fuels-reduction-guide-final-2021-interactive.pdf).

CalFire map shows Northern
California's fire severity
zones, with red areas,
including the Berkeley hills,
signifying very high risk.

Much of the very-high-risk
areas shown have burned in
recent years.

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022
obviously at least equally important to address fuel loads within dense urban areas to reduce the likelihood and impacts of catastrophic wildfire.

The California Constitution generally prohibits “gifts of public funds” to any public or private person; however, such gifts are allowed for a public purpose, and that public purpose is to be liberally construed.20 The city and state have numerous programs that spend public funds on private property for the purposes of disaster preparedness and public safety.21 Using public funds to reduce fuels that significantly contribute to the risk of wildfire would likely be considered a public purpose, particularly given the limited incidental benefits that would accrue to landowners. Berkeley’s City Attorney should confirm this view.

ENVIRONMENTAL SUSTAINABILITY
Acting on these recommendations will reduce the likelihood, intensity and severity of a wildfire in the City, potentially avoiding devastating and far-reaching human and environmental impacts in our City. Burnt landscapes can be slow to recover and can lead to polluted water sources, erosion or landslides, and health impacts from airborne ash.22
The proposed City-run crews would promote the replacement of flammable, non-native tree and shrub species with natural, more fire-resistant native species that provide superior habitat for many insect, avian, and mammal species, compared with eucalyptus.23 To prevent regrowth of eucalyptus, City crews should rely on non- pesticidal, manual sprouting control for several years following eucalyptus removal, if 20 See League of California Cities, “Gift of Public Funds (Spoiler Alert: It’s Illegal)” at p. 1.

Available at: https://www.cacities.org/Resources-Documents/Member- Engagement/Professional-Departments/City-Attorneys/Library/2016/Annual-2016/10-2016- Annual_Forbath_Gift-of-Public-Funds_Spoile.aspx.
21 Several City of Berkeley programs provide public funds for private benefit, including a FEMA- funded seismic retrofit program providing grants of up to $150,000 (see https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_- _Building_and_Safety/RetrofitGrants_ProgramRules.pdf), and a free fuel chipper and debris bin program, funded through a refuse bill surcharge (see
https://www.cityofberkeley.info/fire_fuel_program/). Alameda County offers grants of up to $10,000 per homeowner to abate lead hazards (see
https://www.achhd.org/programs/leadfunding.htm).
22 Cartier, K. M. S. (2022), U.S. fires quadrupled in size, tripled in frequency in 20 years, Eos, 103, https://doi.org/10.1029/2022EO220188. Published on 08 April 2022. 23 See: California Native Plant Society East Bay (https://ebcnps.org/conservation/balancing-fire- safety-with-native-ecosystem-protection-2022-02/); Hills Emergency Forum (http://www.hillsemergencyforum.org/MgmtRecmdtn.html); East Bay Regional Park District, “Blue Gum Eucalyptus: A Wildfire Threat”
(http://www.hillsemergencyforum.org/docs/EucTreatment.pdf);

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022
stumps are not removed. In drafting expanded or clarified portions of the Fire Code, the City should consider requiring property owners to employ manual sprouting control and revegetation with fire-resistant native species that also promote erosion control as necessary. The Hills Emergency Forum, of which the City is a member along with other East Bay authorities, has developed best management practices (BMPs) to reduce potential environmental impacts of fuel reduction projects and to comply with various laws and regulations which may be consulted.24
The revegetation component of the program is expected to partially mitigate the carbon impact of removing hazardous trees. The City could mitigate remaining carbon impacts by using additional Measure FF funds to supplement the City’s existing program to plant trees in northwest and southwest Berkeley.25
Permits are not required to prune or remove any tree on private property, with the exception of coast live oak26 (which is not fire-prone).

Land use projects that require trees to be cut down are often not considered significant environmental effects under the California Environmental Quality Act (CEQA).27 While the City may nevertheless find “detriment” under the City’s zoning ordinance for impacts not considered significant, the environmental and public safety benefits of removing hazardous vegetation more than outweigh any such detriments, particularly given the revegetation element of the program.

RATIONALE FOR RECOMMENDATION
The geography, weather patterns, drought conditions and dense vegetation in the East Bay create ideal conditions for wildfire, which could have devastating consequences to Berkeley. Reducing these fuels wherever they exist has been identified as a high priority in the CWPPs of other East Bay jurisdictions28 that have identified eucalyptus and Monterey pine as a particular hazard “due to their rapid growth, height at maturity, 24 See Hills Emergency Forum, Best Management Practices Working Paper, 10/17/08 (http://www.hillsemergencyforum.org/docs/BMPs.pdf).
25 See Berkeleyside, “Berkeley residents can request free saplings to combat tree inequity” (March 8, 2022) (https://www.berkeleyside.org/2022/03/08/trees-make-life-better-berkeley). Also see: https://www.cityofberkeley.info/tree_planting/.
26 See City of Berkeley, Tree Pruning and Removal
(https://www.cityofberkeley.info/pruning_removal/).
27 See City of Berkeley, General Information on CEQA
(https://www.cityofberkeley.info/Planning_and_Development/Land_Use_Division/Environmental _Review_(CEQA).aspx).
28 See the CWPPs of El Cerrito-Kensington, Contra Costa County, Alameda County and others available at the website of the Diablo Firesafe Council, www.diablofiresafe.org. Also see EBRPD, note 5 supra.

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022
dense foliage, shallow root structure, flammability, breakability or invasiveness.”29 “[E]ucalyptus … are subject to torching and crown fires with potential high ember flight rates into residential areas.”30
UC Berkeley (UCB) has also recognized the threat, having cleared eucalyptus trees in Claremont Canyon.31 UCB is currently in the process of removing eucalyptus and other trees and ladder fuels in the hills behind UCB along the Jordan Fire Trail, as part of a larger plan entailing the widespread removal of eucalyptus trees.32 LBNL is currently seeking $2.9 million from CalFire to remove all 1,500 eucalyptus trees on its property.33 The areas containing the greatest mass of hazardous fuel build-up in Berkeley exist on private property beyond 30 feet of any structure (or 100 feet on slopes) and are not currently being routinely addressed by the Fire Department’s residential vegetation management inspection program. Removal of hazardous vegetation is the most effective and timely means available to the City for reducing the severe risk of wildfire.

In addition, tall trees posing public safety hazards have been identified outside of the VHFSZs and should be included in this program if possible.

The City could pattern the program after the Parks & Recreation’s vegetation removal program (or expand the program), where Parks conducts competitive bidding and issues umbrella contracts to several firms that are then called upon for specific jobs.

Parks may also have procedures to cost share where private property is involved.

The DFSC estimates that all of Berkeley’s hazardous vegetation could be removed by continuing this program for an additional one to three years beyond FY 24, depending on the rate of homeowner opt-in to the City’s clearance program and compliance failure rates, the actual cost of removing trees and revegetating, and the timeliness of any necessary changes to the Fire Code.
29 See El Cerrito - Kensington Wildfire Action Plan, p. 1.7. Also see Contra Costa County Community Wildfire Protection Plan Update, p. 2.5 and Sunol Wildfire Action Plan at 4.2. 30 Ibid.
31 See https://www.dailycal.org/2021/01/19/uc-berkeley-project-removes-claremont-canyon- trees-for-evacuation-
route/#:~:text=In%20a%20project%20spearheaded%20by%20UC%20Berkeley%2C%20eucaly ptus,November%202020%2C%20according%20to%20campus%20spokesperson%20Janet%20 Gilmore.
32 See https://www.berkeleyside.org/2021/09/06/popular-cal-trail-closes-fire-safety-work/. 33 Personal correspondence between Jennifer Tang, Director of Community Relations, Lawrence Berkeley National Laboratory and Henry DeNero, Hillside Fire Safety Group, January 2022.

Measure FF Budget Recommendation - Expanded Fire Prevention Inspection CONSENT CALENDAR Program
December 13, 2022
Adopting this recommendation will ensure that the City immediately reduces the extreme risk of wildfire, reduces the likelihood of ignition of homes and other structures in the event of wildfire, and meets the City’s obligations under Measure FF.

ALTERNATIVE ACTIONS CONSIDERED
The DFSC considered and rejected an alternate proposal that would have used Measure FF funds to pay for the removal of hazardous vegetation, rather than requiring property owners to do so at their own expense or via placement of liens.

The Fire Department may have alternative proposed recommendations for the expenditure of Measure FF funds.

CITY MANAGER
See Companion Report

CONTACT PERSON
Keith May, Secretary, Disaster and Fire Safety Commission, 510-981-5508

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
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Companion Report: Measure FF Budget Recommendation – Expanded Fire Prevention Inspection Program

RECOMMENDATION
That the Berkeley City Council reaffirms its support for the work being conducted by the Fire Department (Department) and considers the Disaster and Fire Safety Commission’s (DFSC) Report during the FY24 budget process if the DFSC chooses to resubmit an updated version at that time.

POLICY COMMITTEE RECOMMENDATION
On November 21, 2022, the Public Safety Committee adopted the following action:

M/S/C (Kesarwani/Wengraf) Positive recommendation to adopt the City Manager’s recommendation as presented in the companion report. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
There is no fiscal impact to this recommendation.

CURRENT SITUATION AND ITS EFFECTS
The Department continues to implement all the programs and projects funded by Measure FF which were reviewed and approved by the City Council and supported by the DFSC in the FY22 budget process. These included long-term projects associated with wildfire prevention and response, modernizing the city’s Emergency Medical Services system, focusing on the training and development of an historically young and inexperienced workforce, and funding work to lay out a plan to modernize the communications center. These projects are critical to ensure the right resource is sent to the right call, the operational readiness of personnel and resources, ensure adequate staffing, improve retention, ensure that employees are trained and prepared to respond and mitigate all incidents to which they are called.

With regard to the DFSC’s recommendation that the City expand defensible space inspection and mitigation efforts out to 100 feet from any structure, the Department already requires this of homeowners but has, and will continue to focus on, enforcement and mitigation of vegetation Zone 1 (0-30 ft) and the upcoming new State requirement to implement Zone 0 - Ember Resistant Zone that will start at the perimeter of a

Companion Report: Measure FF Budget Recommendation - CONSENT CALENDAR Expanded Fire Prevention Inspection Program December 13, 2022 structure and extend five feet. When Zone 0 is implemented, Zone 1 will be modified to 5-30’.

The Department’s early efforts to create defensible space in the VHFSZ 2 and 3 have included direction to property owners that they initially concentrate on Zone 1 (0-30’).

However, Department messaging to property owners has been consistent in explaining that owners are responsible for vegetation management out to 100’ from any structure.

There are several reasons why early Department efforts have been concentrated more heavily on Zone 1 (0-30’). Most significantly, addressing fuels in Zone 1 (0-30’) will mitigate almost 70% of the landmass in the VHFSZ 2 and 3. Zone 2 (30-100’) only accounts for approximately 27%of landmass in VHFSZ 2 and 3. When the public right- of-way, of which large portions are paved and generally not considered combustible, is removed from the equation, the landmass of Zone 2 (30-100’) drops to less than 18% (17.3%) of the VHFSZ 2 and 3 landmass. Vegetation on the margins of most paved areas falls within the Zone 1 (0-30’). The science of defensible space, State statutes, and the direction of the State Board of Forestry and Fire Protection place a greater emphasis on creation of defensible space closer to structures (Zone 0, 0-5’ from structures), rather than farther from structures (Zone 2, 30-100’).

Berkeley has prioritized the areas closest to structures and roadways for initial mitigation. Research on structure losses during wildfires shows that most structure ignitions occur within 30’ of a structure based on combustibles in this area and ember cast. Vegetation adjacent to roadways potentially threatens evacuating residents and access for first responders. Property owners’ efforts within these areas will provide the largest and quickest yield in terms of prevention of home ignition during a wildfire.

Reducing fuels within 30’ of structures, managing vegetation along the rights-of-way, and fire hardening structures will have more immediate and significant impacts than using limited available resources to enforce management of vegetation in Zone 2 (30- 100’).

BACKGROUND
At the April 27, 2022 special meeting of the DFSC, the Commission voted to recommend that City Council prioritize wildfire fuel reduction in the FY 23 and FY 24 Fire Department (Department) budget by expanding the fire Prevention Inspection Program and fully enforcing the existing Fire Code to clear vegetation build-up and overgrowth within the 100 feet of structures in Berkeley’s Very High Fire Severity Zones (VHFSZs) (Fire Zones 2 and 3).

The Department is moving forward with creating a resilient, safe, connected, and prepared city through a variety of programs and projects, some of which are funded by Measure FF. The Department has provided the DFSC multiple reports and presentations through the FY22 and FY23 budget development seasons that included budget priorities and spending plans, budget process reporting timelines, fire code updates, mid-year and year-end expenditures. The Department acknowledges that the

Companion Report: Measure FF Budget Recommendation - CONSENT CALENDAR Expanded Fire Prevention Inspection Program December 13, 2022 DFSC has requested more detailed reporting, and the Department is working to understand what is possible with the new financial management system “ERMA”. The level of detail the DFSC is requesting is not something that has been traditionally provided to Commissions nor has it been easily available to Department administrators (requires significant manual staff work). Creating such a report would be mutually beneficial. The process to do so, and determining what level of detail can be exported, is currently being researched by Staff. At the April 27, 2022 special meeting of the DFSC, Department Staff presented the “Measure FF Budget Proposal” as shared with the City Council Budget Committee on April 22, 2022. The Department’s budget was approved as part of the City’s budget by the City Council on June 28, 2022.

The Community Wildfire Protection Plan (CWPP) is well under way and scheduled to be completed in 2023. The CWPP is a comprehensive risk analysis that addresses local target hazards and includes a community-based action plan to mitigate threats, promote preparedness activities, and ensure resiliency. The CWPP will serve as the foundation and roadmap for the City’s work to prevent wildfires and limit the spread when they ignite. The Department has managed the procurement, configuration and implementation of a new mobile vegetation inspection and customer interaction platform. This software will substantively improve the way Department inspectors perform their work. The system will move the department from a paper to digital inspection platform. This will increase the accuracy and detail of information capture and improve data storage and analytics. Inspectors will have a fully customized and robust inspection tool that will allow them to create detailed reports, adding photos and using GPS mapping that will be emailed or mailed to the property owner following an inspection. These reports will include a prioritized list of actions that need to be taken to comply with the Fire Code and align with vegetation management and home hardening best practices. The reports are much more customer friendly than anything that has been used to date. This is anticipated to drive up the number of owners that move ahead with voluntary compliance. As of July 2022, this system is in the final stages of configuration and field testing.

Per California State regulation, the Department has expanded its traditional hazardous fire area vegetation inspection program to include all properties in fire zones 2 and 3; thus, increasing the number of inspections by 83% (+7,184). As the Department was unable to hire permanent staff, ten retired annuitants have spent the better part of the last year focused on completing these inspections, albeit with the legacy inspection system. Basic statistics as of the end of June 2022 are below.

Inspected
No
Violations
Found
Violations
Found
Re-
Inspection
Completed
Re-
Inspection
No Violation
Found
Re-
Inspection
w/Violations
Found
8055 6015 2040 1595 1269 326

Companion Report: Measure FF Budget Recommendation - CONSENT CALENDAR Expanded Fire Prevention Inspection Program December 13, 2022 Our community has a robust network of Community Emergency Response Teams (CERT). While these groups have been indispensable in preparing neighbors for disaster, there is room for neighbors to be more engaged specific to wildfire. One of our retired annuitants has been focused on standing up an internal Department program to encourage and support the creation of FireWise groups. The purpose of becoming a FireWise group is to build community, learn and implement vegetation management and home hardening practices, and be better positioned to take advantage of grant funding available for these purposes. The first FireWise group was recently approved by the National Fire Protection Association (NFPA) and there are a dozen more groups that have expressed interest. The process of becoming “recognized” as a Firewise neighborhood/zone is to organize, create a board, and develop a 3-year wildfire reduction plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Vegetation management is an important part of wildfire preparedness. The Berkeley hills have various species that will likely need to be addressed collectively as a system, balancing the benefits of removal against the impacts to ecosystems. The CWPP will perform a comprehensive analysis of this and include recommendations to move forward.

RATIONALE FOR RECOMMENDATION
The goals suggested by the DFSC for FY23 and FY24 have already been approved by City Council and are already underway via the Department’s defensible space inspection program.

Wildfire program requirements are changing at the State and local level (statutes, Board of Forestry regulations, city of Berkeley Community Wildfire Protection Plan) and the Department’s WUI Division is not yet fully formed and staffed. The Department will identify and allocate funding necessary to complete this important work as foundational plans are completed, and programs continue to be built. While the DFSC is well versed in wildfire prevention and is well intentioned in their proposal to divert additional funding at this time, doing so before the WUI Division is fully staffed is premature and would siphon funds from other equally critical programs mentioned in brief at the beginning of this report.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Keith May, Interim Deputy Fire Chief, 510-981-5508

Environment and Climate Commission
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
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Environment and Climate Commission
Submitted by: Ben Gould, Chairperson, Environment and Climate Commission Subject: Zero-Emission Vehicle Parking Support Letter

RECOMMENDATION
Refer to the City Manager to send a letter to State Assemblymember Buffy Wicks and State Senator Nancy Skinner asking them to advance a proposal to allow cities to dedicate parking spaces for Zero-Emission Vehicles (ZEVs).

FISCAL IMPACTS OF RECOMMENDATION
Minimal staff time.

CURRENT SITUATION AND ITS EFFECTS
State law currently prohibits the City of Berkeley from dedicating parking spaces for zero-emission vehicles without also installing an EV charger. EV chargers are expensive, and as a result, they are few and far between on City streets.

As a result, EVs are forced to compete with legacy gas cars for parking spaces, and the City is unable to use parking access as an incentive mechanism to drive adoption and use of EVs.

At its meeting of October 19, 2022, the Environment and Climate Commission approved a motion by a vote of 6-1-0-1 to ask the City Council to send letter to state representatives allowing cities to designate parking for ZEVs. Motion/second Lunaparra, Gould. Ayes: Ranney, Hedlund, McGuire, Tahara, Lunaparra, Gould. Noes: Allen.

Abstain: None. Absent: Guliasi.

BACKGROUND
Berkeley has adopted numerous ambitious policies around climate change, including the goal of becoming a fossil free city, carbon neutrality by 2045, and a goal of 100% sustainable transportation by 2040.

In November 2019, the Community Environmental Advisory Commission (CEAC), an ECC predecessor commission, approved a recommendation to City Council to explore operation, parking, or idling of combustion vehicles on City streets beginning in 2045, with the aim of enforcing Berkeley’s carbon neutrality goal in transportation.

Letter of Support for ZEV Parking CONSENT CALENDAR
December 13, 2022

In late 2020, when this item came before the FITES committee, the City Attorney determined that such a policy would be preempted under state law. The California vehicle code is strictly construed, and as such, powers not explicitly authorized to municipalities are reserved to the state (see Rumford v. City of Berkeley, 1982).

As found in Rumford, changes to state law are required to lawfully enact the proposed policy.

With the assistance of a state legislator, draft legislation was developed in 2021 which would amend the California Vehicle Code to permit cities and private parking operators to dedicate parking spaces for zero emission vehicles, without requiring the installation of EV charging. (Exemptions are provided for vehicles displaying a disabled placard or license plate). This policy would provide Berkeley with another tool to encourage the use of EVs and help the city achieve its goal of 100% sustainable transportation by 2040.

ENVIRONMENTAL SUSTAINABILITY
Sending a letter in and of itself has no sustainability impacts, but if the law were adopted and Berkeley chose to take advantage of it, making parking spaces reserved for EVs would encourage the adoption and use of EVs, reducing greenhouse gas emissions and helping achieve Berkeley’s climate goals.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Because this activity does not have the potential to cause a significant effect on the environment, it is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant impact on the environment (CEQA Guidelines 15061(b)(3)).

RATIONALE FOR RECOMMENDATION
This item supports the goal of 100% sustainable trips, becoming a fossil-free city, and achieving carbon neutrality.

ALTERNATIVE ACTIONS CONSIDERED
ECC considered taking no action, but determined that would fail to advance Berkeley’s climate goals.

CITY MANAGER
The City Manager takes no position on the content and recommendations of the Commission’s Report.

CONTACT PERSON
Ben Gould, Chairperson, Environment and Climate Commission, 510-725-9176

Letter of Support for ZEV Parking CONSENT CALENDAR
December 13, 2022

Attachments:

Attachment 1: Letter
Attachment 2: Draft bill

ATTACHMENT 1
[DATE]
[ADDRESS]
RE: City of Berkeley’s Request for Legislation to Authorize Dedicated Zero- Emission Vehicle Parking
Dear Senator Skinner and Assemblymember Wicks,
The Berkeley City Council would like to request an amendment to the California Vehicle Code to authorize local governments to dedicate parking spaces for zero-emission vehicles, without requiring an EV charger, as a potential strategy for encouraging and increasing the use of zero-emission vehicles.

Berkeley has set ambitious goals of carbon neutrality by 2045, 100% sustainable trips by 2040, and becoming a fossil free city by 2030. We are working aggressively to ensure a rapid, just transition to zero emissions in all sectors of our local economy.

Berkeley seeks to implement innovative, forward-thinking policies to achieve these goals, like our first-in-the-nation natural gas ban in 2019, which has become the gold standard statewide.

Cities around the world, including London, Paris, Barcelona, Stuttgart, Amsterdam, and others, are implementing policies to restrict the use of old, polluting gas- and diesel- powered vehicles within their city centers. In California, however, cities lack the ability to implement any similar restrictions. Without authority explicitly granted in the California Vehicle Code, California cities have their hands tied when it comes to how much pollution vehicle operators can produce on local roads.

While broader restrictions on the use of polluting vehicles on city streets could be cost- prohibitive to implement and enforce, Berkeley is interested in exploring the opportunities to encourage zero-emission vehicle usage by restricting certain parking spots, in certain locations, to zero-emission vehicles only (with exceptions for vehicles displaying a disabled placard). We believe this can send an effective signal to residents and businesses to encourage a more rapid transition, and that it can be implemented as part of a comprehensive strategy to ensure continued equitable mobility and accessibility across socioeconomic levels and disability status. Berkeley’s existing Electric Mobility Roadmap will serve as a guide in this regard.

Please find attached draft bill language, prepared by the Office of Legislative Counsel, for your consideration in the upcoming legislative cycle.

Sincerely,
Berkeley City Council

Attachment 2

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
December 13, 2022
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín and Councilmember Sophie Hahn Subject: Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Berkeley Holiday Fund’s annual campaign with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

BACKGROUND
The Berkeley Holiday Fund has helped make the holiday season happier for hundreds of Berkeley's neediest residents for 109 years. An all-volunteer organization, the Berkeley Holiday Fund has been partnering with 33 Berkeley service agencies, such as the Health Department, senior centers, Head Start, BOSS, and the Center for Independent Living. By keeping operating costs to a minimum, the Berkeley Holiday Fund ensures that all contributions go directly to help those who need it the most. Last year, they were able to bring a little cheer into the lives of 1,114 Berkeley families distributing almost $150,000.

The Mayor’s office has actively participated in this program for over 25 years by providing application cards and first class postage to Berkeley Holiday Fund recipients.

This year the Berkeley Holiday Fund anticipates distributing approximately 1,200 checks to individuals and families. This item requests the City Council approve an expenditure, not to exceed $500 of funds from the from the Mayor’s office budget to help cover these costs.

FINANCIAL IMPLICATIONS
No General Fund impact. $500 is available from the Mayor’s office budget discretionary account.

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.

Berkeley Holiday Fund 2020 CONSENT CALENDAR
December 13, 2022

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution
2: Letter from Berkeley Holiday Fund

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

BERKELEY HOLIDAY FUND 2022
WHEREAS, the Berkeley Holiday Fund has been making small grants to Berkeley’s neediest citizens for 109 years; and
WHEREAS, last year, the Berkeley Holiday Fund distributed almost $150,000 to 1,144 Berkeley families; and
WHEREAS, Berkeley Holiday Fund partners with 33 Berkeley service agencies including the Health Department, senior centers, Head Start, BOSS, and the Center for Independent Living; and
WHEREAS, the Berkeley Mayor’s Office has supported the Berkeley Holiday Fund’s efforts for over 25 years by reproducing request forms and providing first class postage costs; and; and
WHEREAS, Mayor Arreguin has surplus funds in his office expenditure account; and WHEREAS, the Berkeley Holiday Fund seeks funds in the amount of $500 to help cover the costs of providing checks to Berkeley Holiday Fund recipients; and WHEREAS, the provision of such services would fulfill the following municipal public purpose of providing services to low income residents of the City of Berkeley.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $500 per office shall be granted to the Berkeley Holiday Fund for helping cover the costs of providing checks to Berkeley Holiday Fund recipients.

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
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance containing technical edits, corrections and other non-substantive amendments to the following sections of the Zoning Ordinance:
 BMC Section 23.108.020 (Zoning Districts)
 BMC Section 23.202.020 (Allowed Land Uses)
 BMC Section 23.202.140 (R-SMU District)
 BMC Section 23.204.150 (R-BMU District)
 BMC Section 23.204.020 (Allowed Land Uses)
 BMC Section 23.204.060 (C-U District)
 BMC Section 23.204.080 (C-E District)
 BMC Section 23.204.100 (C-SA District)
 BMC Section 23.206.040 (Use-Specific Regulations)
 BMC Section 23.406.050 (Variances)
 BMC Section 23.502.020 (Glossary)

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

CURRENT SITUATION AND ITS EFFECTS
Improving the Zoning Ordinance supports the City’s Strategic Plan goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

On October 12, 2021, the City Council adopted a new Zoning Ordinance (Title 23 – Berkeley Municipal Code). This action was the culmination of the first comprehensive review of the Zoning Ordinance since 1999, rewording and reformatting Berkeley’s land use regulations to make them easier to understand and administer. Aside from a

Zoning Ordinance Amendments Making Technical Edits PUBLIC HEARING and Corrections to BMC Title 23 DECEMBER 13, 2022

specific list of “consent changes” to maintain consistency with State law and codify existing practices, no substantive policy changes were included. The new Zoning Ordinance became effective December 1, 2021.

Since then, certain inconsistencies and inadvertent changes have come to light which need to be corrected to ensure that the Zoning Ordinance accurately reflects City Council policy. The ordinance included with this staff report would make 10 amendments / corrections to the new Zoning Ordinance. These are summarized below in Table 1.

Table 1. Recommended Zoning Ordinance Amendments
Subject/Section Issue Amendment
Sec 23.108.020
Zoning Districts
Two subsections of this section
were inadvertently deleted in a
previous zoning ordinance
update.

Replace with original text.

Sec 23.202.020:

Residential Districts
Allowed Land Uses
A subsection of this section was
inadvertently deleted in a
previous zoning ordinance
update.

Replace with original text.

Sec 23.202.140:

R-SMU Zoning District
The title of the section is not
correct; it refers to “Residential
Southside District.”
Correct to read “Residential
Southside Mixed-Use
District.”
Sec 23.202.150.B.1:

R-BMU Zoning District
Definitions
The definition of Dwelling Units
per Acre does not include the
word “divided.”
Clarify that

1. Dwelling Units per Acre:

The quotient resulting from
the total number of dwelling
units on a site divided by the
Lot Area.

Sec 23.202.150.F:

R-BMU Zoning District
Allowed Land Uses
Development Standards
Public Space Design
Preliminary Development
Plan
Final Development Pan
Subsections include references
to incorrect sections.

Correct numbering in
references.

Sec 23.204.020:

Commercial Districts
Allowed Land Uses
Subsections include references
to incorrect sections.

Correct numbering in
references.

Zoning Ordinance Amendments Making Technical Edits PUBLIC HEARING and Corrections to BMC Title 23 DECEMBER 13, 2022

Subject/Section Issue Amendment
Table states that Short Term
Rentals are permitted in the C-N
District
Clarify that Short Term
Rentals are NP in the C-N
District.

Sec 23.204.060:

C-U District
Setback Standards
Table indicates that Solar
Access standards apply to lots
on the south side of University.

Clarify that the standards
apply to lots on the north side
of University.

Sec 23.204.080:

C-E District
Land Use Number and
Size Limitation
Table indicates that no permit is
required for a Food Service
Establishment in the C-E District.

Clarify that an AUP is
required.

Sec 23.204.100:

C-SA District
Modification for Mixed
Use and Residential
Projects
Section incorrectly includes FAR
as a development standard that
can be modified with a UP.

Clarify that FAR cannot be
modified with a UP.

Sec 23.206.040:

Manufacturing Districts
Arts/Craft Studios
Section incorrectly applies to M
and MU-LI Districts.

Correct that section applies
to M and MM Districts.

Sec 23.406.050:

Variances
Findings for Approval
Section incorrectly references a
Use Permit Application.

Clarify that the section
applies to a Variance.

Section 23.502.020
Glossary
Research and
Development
BMC does not include most
recently-adopted definition of
R&D.

Include most recent version.

BACKGROUND
At its meeting of October 19, 2022, the Planning Commission held a public hearing on the proposed amendments,1 and recommended adoption by a vote of 7-0-1-0 (Moved by Ghosh, Seconded by Mikiten. Ayes: Ghosh, Hauser, Mikiten, Moore, Twu, Vincent, and Wiblin. Noes: None. Abstain: Oatfield. Absent: None).

When the new Zoning Ordinance was presented for adoption by the City Council in October, 2021, staff indicated that routine updates would follow periodically to correct unintended errors and make text edits. This is the fourth such package of amendments.

This Zoning Ordinance revision project was undertaken in response to a City Council referral from January 26, 2016, seeking changes to the ordinance for the benefit of 1 Agenda-related materials for the October 19, 2022 Planning Commission meeting can be found at:
https://berkeleyca.gov/sites/default/files/legislative-body-meeting-agendas/2022-10- 19%20PC%20Agenda%20Packet_bookmarked-zc.pdf

Zoning Ordinance Amendments Making Technical Edits PUBLIC HEARING and Corrections to BMC Title 23 DECEMBER 13, 2022

public understanding and staff implementation. With this fourth package of technical amendments to the new Zoning Ordinance, this referral has now been completed.

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

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

ALTERNATIVE ACTIONS CONSIDERED
No alternatives were considered.

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, 510-981-7534 Justin Horner, Associate Planner, Planning and Development Department, 510-981- 7476
Attachments:
1: Ordinance
2: Report to Planning Commission, October 19, 2022
3: Council referral from Jan. 26, 2016 to improve Zoning Ordinance usability 4: Public Hearing Notice

ORDINANCE NO. -N.S.

AMENDING TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO CORRECT ERRORS

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

Section 1. That Berkeley Municipal Code Section 23.108.020 is amended as follows:

A.  Districts. Berkeley is divided into districts as shown in Table 23.108-1: Zoning Districts. Unique regulations apply within each district as established in Chapters

23.202--23.208 (Zoning Districts).

Table 23.108-1. ZONING DISTRICTS

DISTRICT SYMBOL NAME OF DISTRICT
Residential Districts
R-1 Single-Family Residential
R-1A Limited Two-family Residential
ES-R Environmental Safety Residential
R-2 Restricted Two-family Residential
R-2A Restricted Multiple-family Residential
R-3 Multiple-family Residential
R-4 Multi-family Residential
R-5 High Density Residential
R-S Residential Southside
R-SMU Residential Southside Mixed Use
R-BMU Residential BART Mixed Use
Commercial Districts
C-C Corridor Commercial
C-U University Avenue Commercial
C-N Neighborhood Commercial

DISTRICT SYMBOL NAME OF DIST
RICT
C-E Elmwood Commercial
C-NS North Shattuck Commercial
C-SA South Area Commercial
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
Manufacturing Districts
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
MU-R Mixed Use-Residential
Special Districts
SP Specific Plan
U Unclassified
B. Undesignated Areas. Any area not specifically designated as a district on the Zoning Map is subject to the Unclassified (U) district requirements.

C. Overlay Zones.

1. The Zoning Ordinance and Zoning Map include the overlay zones shown in Table 23.108-2: Overlay Zones. Overlay zones impose additional regulations on properties beyond what is required by the underlying district. As shown in Table

23.108-2: Overlay Zones, provisions for overlay zones that apply to two or more districts are located in Chapter 23.210 (Overlay Zones). Provisions for overlay zones that apply only in one district are located in the Zoning Ordinance chapter for that district.

TABLE 23.108-2: OVERLAY ZONES

OVERLAY
ZONE
SYMBOL

NAME OF OVERLAY ZONE LOCATION IN ZONING ORDINANCE
Overlay Zones that Apply in Two or More Districts
H Hillside 23.210.020– Hillside Overlay Zone
C Civic Center 23.210.030– Civic Center District Overlay Zone
Overlay Zones that Apply in One District
DA Downtown Arts 23.204.130– C-DMU Downtown Mixed-Use
District (Arts Overlay District)

2. If the overlay zone applies a standard to a property that conflicts with the underlying district, the overlay zone standard governs. If the overlay zone is silent on a standard in the underlying district, the underlying district standard applies.

D. Vacated Streets. Where a public street or alley is officially vacated or abandoned, the land area of the street or alley acquires the district classification of the property to which it reverts.

Section 2. That Berkeley Municipal Code Section 23.202.020 is amended as follows:

23.202.020 Allowed Land Uses.

A.  Allowed Land Uses. Table 23.202-1: Allowed Land Uses in Residential Districts identifies allowed land uses and required permits in the Residential Districts. All land uses are defined in Chapter 23.502--Glossary. Permit requirements are described in Chapter 23.406--Specific Permit Requirements.

B.  Unlisted Land Uses. Any land use not listed in Table 23.202-1: Allowed Land Uses in Residential Districts is not permitted in the Residential District.

Table 23.202-1. ALLOWED LAND USES IN RESIDENTIAL DISTRICTS

RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Residential Uses
Accessory
Dwelling Unit
See 23.306--
Accessory
Dwelling Units
NP See 23.306--Accessory Dwelling Units
Dwellings
Single-
Family
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
NP
Two-Family NP UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
NP
Multi-Family NP NP NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Group Living
Accommodatio
n

NP NP NP NP NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Senior
Congregate
Housing
NP NP NP NP See 23.302.070.H--Use-Specific Regulations
Mixed-Use
Residential

NP NP NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Public and Quasi-Public Uses
Child Care
Center
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Club/Lodge UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Columbaria AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* NP 23.302.070.

C--Use-
Specific
Regulations
Community
Care Facility
See 23.202.040.A--Use-Specific Regulations

RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Community
Center
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Emergency
Shelter
NP NP NP NP NP NP See 23.308
Family Day
Care Home,
Large

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Family Day
Care Home,
Small

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Hospital NP NP NP NP NP UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
NP
Library UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Nursing Home NP NP NP -- UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
NP
Park/Playgrou
nd

ZC ZC UP ZC ZC ZC ZC ZC ZC ZC ZC
Public Safety
and
Emergency
Service
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Public Utility
Substation/Tan
k
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Religious
Assembly
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
School UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Commercial Uses

RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Alcoholic
Beverage
Service

NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.310--
Alcoholic
Beverage
Sales and
Service
Food Products
Store

NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.202.140.

B.3--R-SMU
Residential
Southside
District
Food Service
Establishment

NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.302.070.

E--Use-
Specific
Regulations
Group Class
Instruction

NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150.

C--R-BMU
Residential
BART
Mixed Use
District
Gym/Health
Club

NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150.

C--R-BMU
Residential
BART
Mixed Use
District
Hotel, Tourist NP NP NP NP NP NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
NP
Laundromat
and Cleaner

NP NP NP NP NP NP NP NP NP UP(P
H)
UP(P
H)
Office NP NP NP NP NP NP UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)*

23.202.150.

C--R-BMU

RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Residential
BART
Mixed Use
District
Parking
Lot/Structure
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

23.302.070.

G--
Unenclosed
Accessory
Structures
in
Residential
Districts

23.322.100-
-On-site
Loading
Spaces
Personal and
Household
Service,
General
NP NP NP NP NP NP NP NP NP ZC* ZC* 23.202.140.

B.2--R-SMU
Residential
Southside
District
Retail, General NP NP NP NP NP NP UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

23.202.040.

B--Use-
Specific
Regulations
Veterinary
Clinic

NP NP NP NP NP NP NP NP NP UP(P
H)
UP(P
H)
Theater NP NP NP NP NP NP NP NP NP NP UP(P
H)
Video
Tape/Disk
Rental

NP NP NP NP NP NP NP NP NP UP(P
H)
NP

RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Industrial and Heavy Commercial Uses
Commercial
Excavation
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Other Uses
Accessory
Uses
See 23.302.020.A--General Use Regulations
Art/Craft
Studio

NP NP NP NP NP NP NP NP NP NP ZC
ATM: Exterior
and Attached
to Bank or
Interior or
Exterior and
Not With Bank

NP NP NP NP NP NP NP NP NP NP AUP
Home
Occupations
See 23.302.040--Home Occupations
Live/Work NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.312--
Live/Work
Public Market,
Open Air

NP NP NP NP NP NP NP NP NP NP AUP
Public Market,
Enclosed

NP NP NP NP NP NP NP NP NP NP AUP
Short-Term
Rental
ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.314--
Short-Term
Rentals
Temporary
Uses
See 23.302.030--Temporary Uses and Structures
Urban
Agriculture,
Low-Impact
ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.318--
Urban
Agriculture

RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Urban
Agriculture,
High-Impact
AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* 23.318-- Urban
Agriculture
Wireless
Telecommunic
ation Facility
See 23.332--Wireless Communication Facilities
C. Use-Specific Regulations. Uses subject to supplemental regulations are shown in Table 23.202-1: Allowed Land Uses in Residential Districts with an asterisk (*) following the permit requirement (e.g., UP*). The Use-Specific Regulations column in Table 23.202-1: Allowed Land Uses in Residential Districts. identifies the location of these regulations in the Zoning Ordinance.

Section 3. That the title of Berkeley Municipal Code 23.202.140 is amended as follows:

23.202.140 R-SMU Residential Southside Mixed Use District Section 4. That the Berkeley Municipal Code 23.202.150.B.1 is amended as follows:

1. Dwelling Units per Acre: The quotient resulting from the total number of dwelling units on a site divided by the Lot Area.

Section 5. That Berkeley Municipal Code 23.202.150.C.1 is amended as follows:

1. General. See Section 23.202.020 (Allowed Land Uses), which indicates identified allowed land uses and which are prohibited.
(a) The initial establishment of a land use in a new building will follow the R-BMU Master Development Plan process outlined in Section 23.202.150.D G below. (b) The change of use of an existing building or portion of a building will require the permits indicated in Section 23.202.020 and Table 23.202-1 for the R-BMU District.

(c) Any use not listed in Table 23.202-1 for the R-BMU District can be approved through the Master Development Plan process outlined in Section

23.202.150.D G below for the initial establishment of a land use in a new building. (d) Uses subject to supplemental regulations are shown in Table 23.202-1 with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Regulations column in Table 23.204202-1 identifies the location of these regulations in the Zoning Ordinance.

Section 5. That Berkeley Municipal Code Section 23.202.150.F Table 23.202-27 is amended as follows:

Table 23.202-27 28 Permitted Street-Facing Ground Floor Uses

FRONTAGE LOCATIONS PERMITTED STREET-FACING GROUND

FLOOR USES
Along Ashby and MLK Non-Residential Uses or non-
residential accessory spaces to
residential buildings, such as
community rooms. At least 50% of the
combined frontage of MLK and Ashby
must include active ground -floor
uses.[1] Active
uses at corner locations are
encouraged.

Along Adeline Non-Residential Uses or non-
residential accessory spaces to
residential buildings, such
as community rooms
Along Woolsey, Tremont [2], or fronting interior
public spaces
Residential or Non-Residential Uses
Along Sacramento, along the Ohlone Greenway,
or within 50 feet of any street corner
Residential or Non-Residential Uses
Along Delaware, Acton, or Virginia Residential Uses
[1] Active uses are commercial uses which generate regular and frequent foot traffic; such uses include businesses in the following use categories: Retail; Personal and Household Services; Food and Alcohol Service, and Entertainment. [2] Public entrances for non-residential uses fronting Tremont Street must be located on Woolsey Street.

Section 6. That Berkeley Municipal Code Section 23.202.150.F Table 23.202-28 is amended as follows:

Table 23.202-28 29 R-BMU Development Standards
Supplemental Standards
Lot Area, Minimum No Minimum 23.304.020

Private Usable Open
Space, Minimum [1][2]

23. 302304.090
Per Dwel
ling Unit 40 sf/DU 23.
302304.090
Per Group Livi
ng
Accommoda
tion
Resid
ent
15 sf/resident 23.
302304.090
Public Open Space,
Minimum
Per Dwel
ling Unit 35 sf/DU
Per Group Livi
ng
Accommoda
tion
Resid
ent
18 sf/resident
Floor Area Ratio (FAR),
Maximum

4.2 Main Building height,
Maximum [3]
80 feet and 7
stories

32.304.050
Residential Density,
Minimum
75 dwelling units
per acre
[1] Private Usable Open Space may be provided as any combination of personal and common private space.
[2] 50% of the Private Usable Open Space requirement may be fulfilled through the provision of an equal amount of additional Public Open Space. [3] Building Height Measurement: In the case of a roof with a parapet wall, building height shall be measured to the top of the roof and parapets may exceed the height limits by up to five feet by right.

Section 7. That Berkeley Municipal Code Section 23.202.150.F.3.b.iv is amended as follows:
iv. Adjacent publicly owned space may contribute to the minimum public space requirement for the project, if it is designed, integrated and maintained as part of the project and complies with all other requirements for public space design identified in this section 23.202.150(DF)3(b).

Section 8. That Berkeley Municipal Code Section 23.202.150.F.3.c is amended as follows:
(c) Rooftop Open Space. Rooftops may be utilized as Private Usable Open Space or Public Open Space meeting the requirements of 23.202.150.AF.3.a (Additional Open Space Requirements--Definitions). Rooftop space designated Public Open Space must also meet the requirements of 23.202.150.AF.3.bB (Public Space Design). No more than 25% of Public Open Space requirements

can be met with Rooftop Open Space, and such Public Open Space must be independently accessible from the public circulation network.

Section 9. That Berkeley Municipal Code Section 23.202.150.G.4.c is amended as follows:
(c) The Board shall determine whether the proposal conforms to the permit criteria set forth in Section 23.202.150.DG.8, and may approve or disapprove the application and the accompanying Preliminary Development Plan or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria and regulations. In so doing, the Board may, in its discretion, authorize submission of the Final Development Plan in stages corresponding to different units or elements of the development. It may do so only upon evidence assuring completion of the entire development in accordance with the Preliminary Development Plan and staged development schedule.

Section 10. That Berkeley Municipal Code Section 23.202.150.G.5.b is amended as follows:
(b) The public notice and hearing process for a Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23B.3223.406.040, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.

Section 11. That Berkeley Municipal Code Section 23.202.150.G.7 is amended as follows:

7. Appeal to Council. The process for appeal to Council for a Master Development Permit, Preliminary Development Plan and/or Final Development Plan shall be the same as for Use Permits as defined in BMC Section Chapter 23B.3223.410.

Section 12. That Berkeley Municipal Code Section 23.204.020 Table 23.204-1 is amended as follows:

Table 23.204-1 . Allowed Uses in Commercial Districts

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Residential Uses
Accessory Dwelling
Unit
See 23.306--Accessory Dwelling Units
Dwellings
Single-Family UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Two-Family UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Multi-Family UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Group Living
Accommodation
UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Hotel, Residential UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Mixed-Use Residential UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
See
Table

23.20 4-41
UP(P
H)

23.204.060
.B.3;

23.204.100
.B.4
Senior Congregate
Housing
See 23.302.070.H
Public and Quasi-Public Uses
Child Care Center UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Cemetery/Crematory/M
ausoleum

NP NP NP NP NP NP NP NP NP NP NP
Club/Lodge UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
Columbaria See 23.302.070.C

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Community Care
Facility

AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC AUP
Community Center UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Emergency Shelter See
023.308—
Emergency
Shelters
– – See 23.308 – Emergency Shelters0
Family Day Care
Home, Large

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Family Day Care
Home, Small

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Hospital UP(P
H)
UP(P
H)

NP NP NP NP NP NP UP(P
H)
UP(P
H)
NP
Library UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Mortuaries and
Crematories
UP(P
H)
UP(P
H)

NP NP NP NP NP NP NP UP(P
H)
NP
Municipal Animal
Shelter
– – – – – – – – – – --
Nursing Home UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Park/Playground ZC ZC ZC ZC ZC ZC ZC ZC ZC AUP ZC
Public Safety and
Emergency Service
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Public Utility
Substation/Tank
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Religious Assembly UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

AUP UP(P
H)

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
School UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
School, Vocational AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(P H)
AUP
Retail Uses
Alcoholic Beverage
Retail Sale
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

NP UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

23.204.060
.B.2;

23.310
Cannabis Retailer ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.320;

12.21; and

12.22 Cannabis Retailer,
Delivery Only
ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* -- 23.320;

12.21; and

12.22 Firearm/Munitions
Business
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

NP UP(P
H)
UP(P
H)*

23.302.070
.D
Industrial and Mining
Products
– – – – – – – – – – --
Pawn Shop/Auction
House
UP(P
H)
– NP NP NP NP NP NP UP(P
H)
UP(P
H)
NP
Pet Store UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
ZC
[3]
UP(P
H)
Retail, General ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC
[1]
ZC ZC*
[2]
ZC ZC*
[3]
ZC* 23.204.040
.E (for
department
stores)

23.204.040
.F (for drug
stores)

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Smoke Shop UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

NP UP(P
H)*
UP(P
H)*

23.302.070
.I
Personal and Household Service Uses
Personal and
Household Services,
General
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]
ZC ZC
[5]
ZC
Kennels and Pet
Boarding

NP NP NP NP NP NP NP NP NP UP(P
H)
NP
Laundromats and
Cleaners

AUP AUP UP(P
H)
UP(P
H)
UP(P
H)

AUP AUP UP(P
H)
UP(P
H)
AUP
[4]
AUP
Veterinary Clinic UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Video Tape/Disk Rental ZC
[1]
ZC
[1]
ZC
[2]
AUP ZC
[2]
- ZC ZC
[2]
ZC ZC
[5]
NP
Office Uses
Business Support
Services
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC* ZC
[2]
ZC ZC
[5]
ZC
[6]

23.204.110
.B.6
Banks and Financial
Services, Retail

AUP AUP UP(P
H)
UP(P
H)
UP(P
H)
ZC
[1]
AUP* UP(P
H)
ZC* AUP ZC 23.204.110
.B.6;

23.204.130
.B.3;

23.204.130
.D.3
Insurance Agents, Title
Companies, Real
Estate Agents, Travel
Agents
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC
[1]
ZC* ZC*
[2]
ZC* ZC
[5]
ZC
[6]

23.204.040
.D;

23.204.110
.B.6;

23.204.130
.D.3

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Medical Practitioners ZC
[1]
ZC
[1]

AUP NP UP(P
H)
ZC
[1]
AUP* UP(P
H)
ZC* ZC
[5]
ZC
[6]

23.204.040
.D;

23.204.110
.B.6;

23.204.130
.D.3
Non-Chartered
Financial Institutions
UP(P
H)*
UP(P
H)*

NP NP NP UP(P
H)*
UP(P
H)*

NP NP UP(P
H)*
UP(P
H)

23.302.070
.F

23.204.110
.B.6
Office, Business and
Professional
ZC
[1]
ZC
[1]
AUP* AUP* AUP* ZC
[1]
AUP* AUP* ZC* ZC
[5]
ZC
[6]

23.204.040
.B;

23.204.110
.B.6;

23.204.130
.D.3
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented Business UP(P
H)*
UP(P
H)*

NP NP NP NP NP NP UP(P
H)*
UP(P
H)*
NP 23.302.070
.A
Amusement Device
Arcade
See 23.204.040.A 23.302.070
.B
Bar/Cocktail
Lounge/Tavern
UP(P
H)*
UP(P
H)*
UP(P
H)*
– NP UP(P
H)*
UP(P
H)*

NP UP(P
H)*
UP(P
H)*
UP(P
H)

23.204.100
.B.3;

23.204.110
.B.2;

23.310
Commercial Recreation
Center
See 23.204.040.A
Dance/Exercise/Martial
Arts/Music Studio
ZC
[1]
ZC
[1]
ZC
[2]

AUP AUP
[4]
ZC
[1]

ZC AUP ZC ZC
[7]
ZC

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Entertainment
Establishment
UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Food Service
Establishment
See 23.204.040302.070.E
Group Class Instruction ZC
[1]
ZC
[1]
AUP AUP AUP* ZC
[1]
ZC* AUP ZC* ZC ZC 23.204.040
.B
Gym/Health Club See 23.204.040.C
Hotels, Tourist UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Motels, Tourist UP(P
H)
UP(P
H)

NP NP NP NP NP NP UP(P
H)
UP(P
H)
NP
Theater UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)

NP AUP UP(P
H)
UP(P
H)
Vehicle Service and Sales Uses
Alternative Fuel Station UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
NP* UP(P
H)
NP AUP* UP(P
H)

23.204.110
.B.4;

23.204.140
.B.3
Electric Vehicle
Charging Station
AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP* AUP
Gasoline Fuel Stations UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
NP* UP(P
H)

NP UP(P
H)*
UP(P
H)

23.204.140
.B.3
Large Vehicle Sales
and Rental
AUP NP NP NP NP NP NP NP NP AUP*
[8]
NP 23.204.140
.B.3
Small Vehicle Sales
and Service

AUP NP NP NP NP UP(P
H)*

NP NP UP(P
H)
UP(P
H)*
NP 23.204.100
.B.5;

23.204.140
.B.3
Tire Sales and Service UP(P
H)

NP NP NP NP NP NP NP NP UP(P
H)*
NP 23.204.140
.B.3

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Vehicle Parts Store ZC
[1]
NP ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]
NP AUP*
[8]
ZC
Vehicle Rentals AUP NP NP NP NP NP NP NP UP(P
H)
AUP*
[8]
NP 23.204.140
.B.3
Vehicle Repair and
Service
AUP NP NP NP NP NP NP NP NP AUP*
[8]
NP
Vehicle Sales, New AUP NP NP NP NP UP(P
H)*

NP NP UP(P
H)
AUP*
[8]
NP 23.204.100
.B.5

23.204.140
.B.3
Vehicle Sales, Used AUP NP NP NP NP UP(P
H)*

NP NP UP(P
H)
UP(P
H)*
NP 23.204.100
.B.5;

23.204.140
.B.3;

23.204.140
.D.4
Vehicle Wash UP(P
H)

NP NP NP NP NP NP NP NP UP(P
H)*
NP 23.204.140
.B.3
Vehicle Wrecking NP NP NP NP NP NP NP NP NP NP NP
Industrial and Heavy Commercial Uses
Bus/Cab/Truck/Public
Utility Depot
– – – – – – – – – – --
Commercial Excavation UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
– NP UP(P
H)
Contractors Yard – – – – – – – – – AUP --
Dry Cleaning and
Laundry Plant
UP(P
H)
UP(P
H)
NP – UP(P
H)

NP NP NP UP(P
H)
NP NP
Laboratory
Commercial Physical
or Biological

AUP AUP NP NP NP NP NP NP AUP NP NP

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP
[9]
NP
Manufacturing
Construction
Products
– – – – – – – – UP(P
H)
--
Light Manufacturing – – – – – – – – AUP
[8]
--
Pesticides/Herbicide
s/Fertilizers
– – – – – – – – UP(P
H)
--
Petroleum Refining
and Products
– – – – – – – – UP(P
H)
--
Pharmaceuticals – – – – – – – – UP(P
H)
--
Primary Production
Manufacturing
– – – – NP – – – – UP(P
H)
--
Semiconductors – – – – NP – – – – UP(P
H)
--
Material Recovery
Enterprise
– – – – – – – – – – --
Media Production UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)*

AUP UP(P
H)

23.204.130
.B.4
Mini-storage UP(P
H)
NP NP NP NP NP NP – UP(P
H)
NP NP
Recycled Materials
Processing
– – – – – – – – – – --
Recycling Redemption
Center

AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Repair Service, Non-
Vehicle
– – – – – – – – – AUP --

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Research and
Development
– – – – – – – – – -- --
Services to Buildings
and Dwellings
– – – – – – – – – AUP --
Warehouse UP(P
H)
NP NP NP NP NP NP – UP(P
H)
NP NP
Warehouse-Based
Non-Store Retailer
– – – – – – – – – --
Wholesale Trade – – – – -- – – – – AUP
[8]
--
Incidental Uses
Amusement Devices AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* UP(P H)

23.302.070
.B
Alcoholic Beverage
Service
See 23.310
Cafeteria, On-Site UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

AUP UP(P
H)
Columbaria See 23.302.070.C
Food and Beverage for
Immediate
Consumption

ZC ZC AUP UP(P
H)
UP(P
H)

ZC AUP UP(P
H)

ZC ZC ZC
Food Service
Establishment
See 23.302.070.E
Live Entertainment See 23.302.020.D
Manufacturing AUP AUP UP(P
H)
UP(P
H)

NP UP(P
H)

AUP AUP AUP AUP AUP
Retail Sale of Goods
Manufactured On-Site
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]

ZC AUP ZC

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Storage of Goods
(>25% gross floor area)
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP 23.302.020 .C
Wholesale Activities AUP* AUP* UP(P
H)*
UP(P
H)*
NP AUP* AUP* AUP* AUP* AUP AUP 23.204.080
.B.3
Other Miscellaneous Uses
Art/Craft Studio AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC [6]
ATM, Exterior and
Attached to Bank

AUP AUP AUP UP(P
H)
AUP AUP AUP AUP* AUP AUP AUP 23.204.120
.B.2
ATM, Interior or
Exterior and Not With
Bank
UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)*

AUP UP(P
H)

23.204.130
.B.2
Circus/Carnival UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Drive-in Uses UP(P
H)

NP NP NP UP(P
H)
UP(P
H)

NP UP(P
H)

NP NP UP(P
H)
Home Occupations See 23.302.040
Live/Work See 23.312
Parking Lot/Structure See 23.302.070.G
Public Market, Open Air AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(P H)
AUP
Public Market,
Enclosed

AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
[9]
AUP
Short-Term Rental See 23.314 NP NP See 23.314 NP See 23.314 NP Urban Agriculture, Low-
Impact
ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC ZC 23.318
Urban Agriculture,
High-Impact
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP AUP 23.318

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

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Wireless
Telecommunication
Facility
See 23.332--Wireless Communication Facilities

Notes:
[1] Change of use of floor area over 3,000 square feet requires an AUP. [2] Change of use of floor area over 2,000 square feet requires an AUP. [3] Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 7,500 sq. ft.
[4] Requires a Use Permit if 5,000 sq. ft. or more.
[5] Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 5,000 sq. ft.
[6] Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of Ashby, west of Adeline.
[7] Requires a Use Permit if 7,500 square feet or more. [8] Requires a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. [9] Requires a Use Permit if more than 10,000 sq. ft.

Section 13. That Berkeley Municipal Code Section 23.204.060.D.1 Table 23.204-12 is amended as follows:

Table 23.204-12. C-U SETBACK STANDARDS

LOT LINE & PROJECT CONDITIONS REQUIRED SETBACK
Front
Ground-floor non-residential uses fronting University Avenue Average 2 ft. 2 ft. at all sidewalk pedestrian entries
Ground-floor residential uses fronting University Avenue Average 2 ft.

Maximum 10 ft.[1]
Fronting a street other than University Avenue and confronting a non-residential district
No min.

Rear
Lots on south side of University Avenue abutting lot in residential district
Average 20 ft. [2] [3]
Lots on south north side of University Avenue See 23.204.060.D.5--C-U University Commercial District (Solar Access)
All other lots 10 ft. or 10% of lot depth, whichever is greater Interior Side No minimum
Street Side 2 ft. average
All setbacks for lots on South Side of University Avenue fronting a street other than University Avenue
As required by 23.304.030.C.2--Setbacks (Lots
Adjacent to Residential Districts) [4]
Notes:
[1] A maximum setback of 10 feet is only permitted for landscaping that enhances the streetscape and provides privacy for residential units on the first floor. [2] Rear setback area must be greater than or equal to the width of the lot in feet multiplied by 20 feet. [3] See 23.304.030.C.2.b for allowed reductions.
[4] If a lot fronting a side street is consolidated into a single project with the adjacent University Avenue-fronting lot, the project must conform to the setback standards in this table.

Section 14. That Berkeley Municipal Code Section 23.204.080.B Table 23.204-20 is amended as follows:

Table 23.204-20. C-E LAND USE NUMBER AND SIZE LIMITATIONS

USE NUMBER LIMIT MAXIMUM SIZE PERMIT REQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops
No limit 1,500 sq. ft. ZC
Bookstores, Periodical Stands No limit 2,000 sq. ft. ZC Food Service Establishments [1] 25 total No max. No permit required AUP
Photocopy Stores, Printing, Fax, Magnetic
Disk Reproduction Services
No limit 1,000 sq. ft. ZC
Notes:
[1] Excludes food service uses accessory to a food product store. Secondary food service uses associated with all other principal uses are subject to limitations in Table 23.204-20. [2] Change of use of over 3,000 square feet requires Use Permit.

Section 14. That Berkeley Municipal Code Section 23.204.100.D.2 is amended as follows:

2. Modification for Mixed Use and Residential Projects. The ZAB may modify development standards in Table 23.204-27, Table 23.204-28, and Table 23.204- 29, and Table 23.204-30 – excluding FAR – for a mixed-use or residential-only project with a Use Permit, upon making one of the following findings:
(a) The project encourages utilization of public transit and existing off- street parking facilities in the area of the proposed building; (b) The modification allows consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose;
(c) The modification facilitates the construction of affordable housing as defined by the U.S. Department of Housing and Urban Development (HUD) Guidelines; or
(d) The modification provides consistency with the purposes of the district as listed in Section 23.204.100.A (District Purpose).

Section 15. That Berkeley Municipal Code Section 23.206.040.A is amended as follows:

A. Art/Craft Studios in the M and MU-LIMM Districts. Art/craft studios are allowed in the M and MU-LIMM districts only as workspaces. Live/work is not permitted.

Section 16. That Berkeley Municipal Code Section 23.406.050.F.2 is amended as follows:

2. The ZAB shall deny a Use Permit applicationVariance if it determines that it is unable to make any of the required findings.

Section 17. That Berkeley Municipal Code Section 23.502.020.R.8 is amended as follows:

8. Research and Development. An establishment comprised of laboratory or other non-office space, which is engaged in one or more of the following activities: 1) industrial, biological or scientific research; and/or 2) product or process design; , development, prototyping, and or testing. This may include labs, offices, warehousing, and light manufacturing functions as part of the overall Research and Development use.; and limited manufacturing necessary for the production of prototypes.

Section 18: Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Planning and Development Department
Land Use Planning Division

STAFF REPORT
DATE:

TO:

FROM:

SUBJECT:

October 19, 2022
Members of the Planning Commission
Justin Horner, Associate Planner
Public Hearing on Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23 – Package #4 RECOMMENDATION:

Conduct a public hearing to discuss amendments to the following sections of the Berkeley Municipal Code (BMC) and make a recommendation to City Council to approve the amendments.
• BMC Section 23.108.020 (Zoning Districts)
• BMC Section 23.202.020 (Allowed Land Uses)
• BMC Section 23.202.140 (R-SMU District)
• BMC Section 23.204.150 (R-BMU District)
• BMC Section 23.204.020 (Allowed Land Uses)
• BMC Section 23.204.060 (C-U District)
• BMC Section 23.204.080 (C-E District)
• BMC Section 23.204.100 (C-SA District)
• BMC Section 23.206.040 (Use-Specific Regulations)
• BMC Section 23.406.050 (Variances)

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

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

ATTACHMENT 2, from
Planning Commission
October 19, 2022

Public Hearing on Zoning Ordinance Technical Edits & Corrections

As part of City Council’s approval action, staff was directed to regularly return to the Planning Commission and City Council with amendments necessary to maintain the integrity of the new Zoning Ordinance. Amendments presented under this direction should be for the purposes of clarifying the new Zoning Ordinance, fixing mistakes in transcription and correcting unintentional errors. Substantive changes in planning policy are not to be included in this set of routine amendments, but should be presented as separate Zoning Ordinance amendments, consistent with BMC Chapter 23.412 (Zoning Ordinance Amendments).

On June 28, 2022, the City Council adopted Ordinance No. 7,815-NS, which established the Residential BART Mixed Use (R-BMU) District. In the process of codifying the adopted ordinance, a few technical errors were identified. These are also included in this report, as they are corrections of unintentional errors and do not constitute substantive policy changes, similar to the technical edits identified within the new Zoning Ordinance.

PROPOSED ZONING ORDINANCE AMENDMENTS
Since the new Zoning Ordinance came into effect on December 1, 2021, a number of clean-up amendments have been identified. The project team anticipated technical edits and corrections during the roll-out of the new Zoning Ordinance and was prepared with an efficient process and schedule for addressing these requests. This report is the product of that process and is labeled “Package #4” because it is the fourth set of edits to come before Planning Commission.

The proposed Zoning Ordinance amendments are presented in two categories. The first category includes an amendment that requires an explanation or justification. This amendment is presented below with information on what was in the old Zoning Ordinance, what is in the new Zoning Ordinance, and a recommended amendment. The second category includes technical edits such as spelling, punctuation or grammatical errors, simple corrections or inaccurate references. These amendments are summarized in Table 1: Text Edits and Other Routine Amendments.

This will be the last package of clean-up amendments the Planning Commission will be asked to consider. Future technical edits will be bundled with subsequent zoning ordinance amendments to streamline the use of City resources and reduce the likelihood of errors resulting from a high volume of concurrent changes.

Category One Zoning Ordinance Amendment

1. BMC Section 23.204.100 (C-SA Zoning District)
Old Zoning Ordinance: Section 23E.52.070.D.5 of the old Zoning Ordinance included provisions to modify development standards in the C-SA with a Use Permit. These standards included height, lot coverage and setbacks. However, there was no provision to modify Floor Area Ratio (FAR).

New Zoning Ordinance: Section 23.204.100.D.2 includes the following language:

2. Modification for Mixed Use and Residential Projects. The ZAB may modify development standards in Table 23.204-27, Table 23.204-28, and Table 23.204- 29, and Table 23.204-30 for a mixed-use or residential-only project with a Use Permit.

ATTACHMENT 2, from
Planning Commission
October 19, 2022

Public Hearing on Zoning Ordinance Technical Edits & Corrections

Table 23.204-27 (C-SA Development Standards) includes a maximum Floor Area Ratio standard. The inclusion of Table 23.204-27 implies that maximum FAR can be modified.

Proposed Amendment: Amend Section 23.204.100.D.2 as follows:

2. Modification for Mixed Use and Residential Projects. The ZAB may modify development standards in Table 23.204-27, Table 23.204-28, and Table 23.204- 29, and Table 23.204-30—excluding Floor Area Ratio (FAR)--for a mixed-use or residential-only project with a Use Permit.

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

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

23.108.020
(Zoning Districts)
Add back the following text:

Undesignated Areas. Any area not specifically designated as a district on the Zoning Map is subject to the Unclassified (U) district requirements.

Overlay Zones.

5. The Zoning Ordinance and Zoning Map include the overlay zones shown in Error! Reference source not found.. Overlay zones impose additional regulations on properties beyond what is required by the underlying district.

3. As shown in Error! Reference source not found., provisions for overlay zones that apply to two or more districts are located in Chapter

23.210 (Error! Reference source not found.). Provisions for overlay zones that apply only in one district are located in the Zoning Ordinance chapter for that district.

Table Error! No text of specified style in document.-1: Overlay Zones

OVERLAY
ZONE
SYMBOL

NAME OF OVERLAY ZONE LOCATION IN ZONING ORDINANCE
Overlay Zones that Apply in Two or More Districts
H Hillside Error! Reference source not found.Error! Reference source not found.

C Civic Center Error! Reference source not found.Error! Reference source not found.

Overlay Zones that Apply in One District
D Dealership Error! Reference source not found..B.5Error! Reference source not found. (Automobile/Motorcycle Sales)
DA Downtown Arts Error! Reference source not found.Error! Reference source not found. (Arts Overlay District)

4. If the overlay zone applies a standard to a property that conflicts with the underlying district, the overlay zone standard governs. If the overlay zone is silent on a standard in the underlying district, the underlying district standard applies.

Inadvertent
deletion in
previous
zoning
amendment
package.

ATTACHMENT 2, from
Planning Commission
October 19, 2022

Public Hearing on Zoning Ordinance Technical Edits & Corrections

Vacated Streets. Where a public street or alley is officially vacated or abandoned, the land area of the street or alley acquires the district classification of the property to which it reverts.

23.202.020
(Allowed Land
Uses –
Residential)
Add back the following text:

C. Use -Specific Regulations. Uses subject to supplemental regulations are shown in Error! Reference source not found. with an asterisk (*) following the permit requirement (e.g., UP*). The Use-Specific Regulations column in Error! Reference source not found. identifies the location of these regulations in the Zoning Ordinance.

Inadvertent
deletion in
previous
zoning
amendment
package.

23.202.140
(R-SMU District)
Revise title to read:

23.202.140 R-SMU Residential Southside Mixed-Use District Correction

23.202.150.B.1
(R-BMU District --
Definitions)
Revise as follows:

1. Dwelling Units per Acre: The quotient resulting from the total number of dwelling units on a site divided by the Lot Area.

Clarification

23.202.150.C.1
(R-BMU District --
Allowed Land
Uses)
Revise to read as follows:

C. Allowed Land Uses.

1. General. See Section 23.202.020 (Allowed Land Uses), which indicates identified allowed land uses and which are prohibited.
(a) The initial establishment of a land use in a new building will follow the R-BMU Master Development Plan process outlined in Section

23.202.150.G below.
(b) The change of use of an existing building or portion of a building will require the permits indicated in Section 23.202.020 and Table 23.202-1 for the R-BMU District.
(c) Any use not listed in Table 23.202-1 for the R-BMU District can be approved through the Master Development Plan process outlined in Section 23.202.150.G below for the initial establishment of a land use in a new building.
(d) Uses subject to supplemental regulations are shown in Table 23.202- 1 with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Regulations column in Table 23.202-1 identifies the location of these regulations in the Zoning Ordinance.

Incorrect
references

23.202.150.F
Table 23.202-28
(R-BMU District –
Development
Standards)
Revise table 23.202-287 to read:

Table 23.202-28: R-BMU Development Standards
Supplemental Standards
Lot Area, Minimum No Minimum 23.304.020
ATTACHMENT 2, from
Planning Commission
October 19, 2022

Public Hearing on Zoning Ordinance Technical Edits & Corrections

Private Usable Open
Space, Minimum [1][2]

23.304.090
Per Dwelling Unit 40 sf/DU 23.304.090
Per Group Living
Accommodation
Resident
15 sf/resident 23.304.090
Public Open Space,
Minimum
Per Dwelling Unit 35 sf/DU
Per Group Living
Accommodation
Resident
18 sf/resident
Floor Area Ratio
(FAR), Maximum

4.2 Main Building height,
Maximum [3]
80 feet and 7
stories

32.304.050
Residential Density,
Minimum
75 dwelling units
per acre
[1] Private Usable Open Space may be provided as any combination of personal and common private space.
[2] 50% of the Private Usable Open Space requirement may be fulfilled through the provision of an equal amount of additional Public Open Space. [3] Building Height Measurement: In the case of a roof with a parapet wall, building height shall be measured to the top of the roof and parapets may exceed the height limits by up to five feet by right.

23.202.150.F.3.b.iv
(R-BMU District –
Public Space
Design)
Revise the subsection to read:
iv. Adjacent publicly owned space may contribute to the minimum public space requirement for the project, if it is designed, integrated and maintained as part of the project and complies with all other requirements for public space design identified in this section 23.202.150(F)3(b).

23.202.150.F.3.c
(R-BMU District –
Public Space
Design)
Revise the subsection to read:
(c) Rooftop Open Space. Rooftops may be utilized as Private Usable Open Space or Public Open Space meeting the requirements of 23.202.150.F.3 (Additional Open Space Requirements--Definitions). Rooftop space designated Public Open Space must also meet the requirements of 23.202.150.F.3.B (Public Space Design). No more than 25% of Public Open Space requirements can be met with Rooftop Open Space, and such Public Open Space must be independently accessible from the public circulation network.

23.202.150.G.4.c
(R-BMU District –
Preliminary
Development Plan)
Revise the subsection to read:
(c) The Board shall determine whether the proposal conforms to the permit criteria set forth in Section 23.202.150.G.8, and may approve or disapprove the application and the accompanying Preliminary Development Plan or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria and regulations.

In so doing, the Board may, in its discretion, authorize submission of the Final Development Plan in stages corresponding to different units or elements of the development. It may do so only upon evidence assuring completion of the entire development in accordance with the Preliminary Development Plan and staged development schedule.

Incorrect
references

23.202.150.G.5.b Revise the subsection to read:

ATTACHMENT 2, from
Planning Commission
October 19, 2022

Public Hearing on Zoning Ordinance Technical Edits & Corrections

(R-BMU District –
Final Development
Plan)
(b) The public notice and hearing process for a Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23.406.040, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.

23.202.150.G.7
(R-BMU District –
Final Development
Plan)
Revise the subsection to read:

7. Appeal to Council. The process for appeal to Council for a Master Development Permit, Preliminary Development Plan and/or Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23.410.

Incorrect
reference

23.204.020
Table 23.204-1
(Allowed Uses
Table –
Commercial
Districts)
In the C-C, residential uses are permitted with a UP(PH) Missing letter
Add reference for Emergency Shelters: “See 23.308 – Emergency Shelters” Missing reference
Revise table to indicate that users should see 23.302.070.E for regulations regarding Food Service Establishments
Incorrect
reference
Amend table to reflect that Short-Term Rentals are Not Permitted (NP) in the C-N district.

Correction

23.204.060.D.5
Table 23.204-12
(C-U District –
Setback
Standards)
Revise table to indicate that lots on south north side of University Avenue are subject to Solar Access standards.

Corrections

23.204.080.B
Table 23.204-20
(C-E District – C-E
Land Use Number
and Size
Limitation)
Revise table to read:

Use Number
Limit
Maximum
Size
Permit
Required
Art Craft Shops, Gift/Novelty
Shops, Jewelry/Watch Shops
No limit 1,500 sq ft ZC
Bookstores, Periodical Stands No limit 2,000 sq ft ZC
Food Service Establishments
[1]
25 total No max. No permit
required
AUP
Photocopy Stores, Printing,
Fax, Magnetic Disk
Reproduction Services
No limit 1,000 sq ft ZC

23.206.040.A
(Art/Craft Studios
in the M and MU-LI
Districts)
Revise section to read:

A. Art/Craft Studios in the M and MU-LI MM Districts. Art/craft studios are allowed in the M and MU-LI MM districts only as workspaces. Live/work is not permitted.

23.406.050.F.2
(Variances –
Findings for
Approval)
Revise subsection to read:

2. The ZAB shall deny a Use Permit application Variance if it determines that it is unable to make any of the required findings. (Ord. 7787-NS § 2 (Exh. A), 2021)
Correction

NEXT STEPS
Staff recommends that the Planning Commission hold a public hearing, receive public testimony, and recommend to City Council adoption of the proposed Zoning Ordinance amendments. Adoption of the proposed Zoning Ordinance amendments would also constitute a closing of a City Council referral from January 26, 2016 (Attachment 4).

ATTACHMENTS

1. Ordinance – Zoning Ordinance Amendments

2. Consent Changes Matrix
ATTACHMENT 2, from
Planning Commission
October 19, 2022

Public Hearing on Zoning Ordinance Technical Edits & Corrections

3. Public Hearing Notice

4. January 26, 2016. Berkeley City Council Referral. Customer Service Improvements to Land Use Permit Process.

ATTACHMENT 2, from
Planning Commission
October 19, 2022

ORDINANCE NO. -N.S.

AMENDING TITLE 23 OF THE BERKELEY MUNI CIPAL CODE TO CORRECT ERRORS AND M AKE NON -

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

Section 1. That Berkeley Municipal Code Section 23.108.020 Table 23.204-8 is amended as follows:

A. Districts. Berkeley is divided into districts as shown in Table 23.108-1: Zoning Districts. Unique regulations apply within each district as established in Chapters 23.202--23.208 (Zoning Districts).

Table 23.108-1. ZONING DISTRICTS

DISTRICT SYMBOL NAME OF DISTRICT
Residential Districts
R-1 Single-Family Residential
R-1A Limited Two-family Residential
ES-R Environmental Safety Residential
R-2 Restricted Two-family Residential
R-2A Restricted Multiple-family Residential
R-3 Multiple-family Residential
R-4 Multi-family Residential
R-5 High Density Residential
R-S Residential Southside
Item 10 - Attachment 1
Planning Commission
October 19, 2022

DISTRICT SYMBOL NAME OF DISTRICT
R-SMU Residential Southside Mixed Use
R-BMU Residential BART Mixed Use
Commercial Districts
C-C Corridor Commercial
C-U University Avenue Commercial
C-N Neighborhood Commercial
C-E Elmwood Commercial
C-NS North Shattuck Commercial
C-SA South Area Commercial
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
Manufacturing Districts
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
Item 10 - Attachment 1
Planning Commission
October 19, 2022

DISTRICT SYMBOL NAME OF DISTRICT
MU-R Mixed Use-Residential
Special Districts
SP Specific Plan
U Unclassified

Undesignated Areas. Any area not specifically designated as a district on the Zoning Map is subject to the Unclassified (U) district requirements.

Overlay Zones.

1. The Zoning Ordinance and Zoning Map include the overlay zones shown in

2. Table Error! No text of specified style in document.-1: Overlay Zones. Overlay zones impose additional regulations on properties beyond what is required by the underlying district.

3. As shown in

4. Table Error! No text of specified style in document.-1: Overlay Zones, provisions for overlay zones that apply to two or more districts are located in Chapter 23.210 (Error! Reference source not found.). Provisions for overlay zones that apply only in one district are located in the Zoning Ordinance chapter for that district.

TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-1: OVERLAY ZONES

OVERLAY
ZONE
SYMBOL

NAME OF OVERLAY ZONE LOCATION IN ZONING ORDINANCE
Overlay Zones that Apply in Two or More Districts
H Hillside Error! Reference source not found.Error!
Reference source not found.

Item 10 - Attachment 1
Planning Commission
October 19, 2022

C Civic Center Error! Reference source not found.Error! Reference source not found.

Overlay Zones that Apply in One District
D Dealership
Error! Reference source not
found..B.5Error! Reference source not
found. (Automobile/Motorcycle Sales)
DA Downtown Arts
Error! Reference source not found.Error!
Reference source not found. (Arts Overlay
District)

5. If the overlay zone applies a standard to a property that conflicts with the underlying district, the overlay zone standard governs. If the overlay zone is silent on a standard in the underlying district, the underlying district standard applies.

Vacated Streets. Where a public street or alley is officially vacated or abandoned, the land area of the street or alley acquires the district classification of the property to which it reverts.

Section 2. That Berkeley Municipal Code Section 23.202.020 is amended to add the following:

Use-Specific Regulations. Uses subject to supplemental regulations are shown in Error! Reference source not found. with an asterisk (*) following the permit requirement (e.g., UP*). The Use-Specific Regulations column in Error! Reference source not found. identifies the location of these regulations in the Zoning Ordinance.

Section 3. That the title of Berkeley Municipal Code 23.202.140 is amended as follows:

23.202.140 R-SMU Residential Southside Mixed Use District

Item 10 - Attachment 1
Planning Commission
October 19, 2022

Section 4. That the Berkeley Municipal Code 23.202.150.B.1 is amended as follows:

1. Dwelling Units per Acre: The quotient resulting from the total number of dwelling units on a site divided by the Lot Area.

Section 5. That Berkeley Municipal Code 23.202.150.C.1 is amended as follows:

1. General. See Section 23.202.020 (Allowed Land Uses), which indicates identified allowed land uses and which are prohibited.
(a) The initial establishment of a land use in a new building will follow the R-BMU Master Development Plan process outlined in Section 23.202.150.D G below.
(b) The change of use of an existing building or portion of a building will require the permits indicated in Section

23.202.020 and Table 23.202-1 for the R-BMU District.
(c) Any use not listed in Table 23.202-1 for the R-BMU District can be approved through the Master Development Plan process outlined in Section 23.202.150.D G below for the initial establishment of a land use in a new building. (d) Uses subject to supplemental regulations are shown in Table 23.202-1 with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Regulations column in Table 23.204202-1 identifies the location of these regulations in the Zoning Ordinance.

Section 6. That Berkeley Municipal Code Section 23.304.150.F Table 23.202-28 is amended as follows:

Supplemental Standards
Lot Area, Minimum No Minimum 23.304.020
Private Usable Open
Space, Minimum [1][2]

23.302304.090
Per Dwelling Unit 40 sf/DU 23.302304.090
Per Group Living
Accommodation
Resident
15 sf/resident 23.302304.090
Item 10 - Attachment 1
Planning Commission
October 19, 2022

Public Open Space,
Minimum

Per Dwelling Unit 35 sf/DU
Per Group Living
Accommodation
Resident
18 sf/resident
Floor Area Ratio (FAR),
Maximum

4.2 Main Building height,
Maximum [3]
80 feet and 7
stories

32.304.050
Residential Density,
Minimum
75 dwelling units
per acre

[1] Private Usable Open Space may be provided as any combination of personal and common private space.
[2] 50% of the Private Usable Open Space requirement may be fulfilled through the provision of an equal amount of additional Public Open Space. [3] Building Height Measurement: In the case of a roof with a parapet wall, building height shall be measured to the top of the roof and parapets may exceed the height limits by up to five feet by right.

Section 7. That Berkeley Municipal Code Section 23.202.150.F.3.b.iv is amended as follows:

iv. Adjacent publicly owned space may contribute to the minimum public space requirement for the project, if it is designed, integrated and maintained as part of the project and complies with all other requirements for public space design identified in this section 23.202.150(DF)3(b).

Section 8. That Berkeley Municipal Code Section 23.202.150.F.3.c is amended as follows:

(c) Rooftop Open Space. Rooftops may be utilized as Private Usable Open Space or Public Open Space meeting the requirements of 23.202.150.AF.3 (Additional Open Space Requirements--Definitions). Rooftop space Item 10 - Attachment 1
Planning Commission
October 19, 2022

designated Public Open Space must also meet the requirements of 23.202.150.AF.3.B (Public Space Design). No more than 25% of Public Open Space requirements can be met with Rooftop Open Space, and such Public Open Space must be independently accessible from the public circulation network.

Section 9. That Berkeley Municipal Code Section 23.202.150.G.4.c is amended as follows:

(c) The Board shall determine whether the proposal conforms to the permit criteria set forth in Section

23.202.150.DG.8, and may approve or disapprove the application and the accompanying Preliminary Development Plan or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria and regulations. In so doing, the Board may, in its discretion, authorize submission of the Final Development Plan in stages corresponding to different units or elements of the development. It may do so only upon evidence assuring completion of the entire development in accordance with the Preliminary Development Plan and staged development schedule.

Section 10. That Berkeley Municipal Code Section 23.202.150.G.5.b is amended as follows:

(b) The public notice and hearing process for a Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23B.3223.406.040, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.

Section 11. That Berkeley Municipal Code Section 23.202.150.G.7 is amended as follows:

7. Appeal to Council. The process for appeal to Council for a Master Development Permit, Preliminary Development Plan and/or Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23B.3223.410.

Section 12. That Berkeley Municipal Code Section 23.204.020 Table 23.204-1 is amended as follows:

Table 23.204-1 . Allowed Uses in Commercial Districts
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Residential Uses
Accessory Dwelling Unit See 23.306--Accessory Dwelling Units Dwellings
Single-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Two-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Multi-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Group Living Accommodation UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3

Hotel, Residential UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Mixed-Use Residential UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) See Table

23.204-
41 UP(PH) 23.204.060.B.3;

23.204.100.B.4
Senior Congregate Housing See 23.302.070.H
Public and Quasi-Public Uses
Child Care Center UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Cemetery/Crematory/Mausoleum NP NP NP NP NP NP NP NP NP NP NP Club/Lodge UP(PH) UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Columbaria See 23.302.070.C
Community Care Facility AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC AUP Community Center UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Emergency Shelter See 023.308—
Emergency
Shelters
– – See 23.308 – Emergency Shelters0
Family Day Care Home, Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Family Day Care Home, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Hospital UP(PH) UP(PH) NP NP NP NP NP NP UP(PH) UP(PH) NP Library UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Mortuaries and Crematories UP(PH) UP(PH) NP NP NP NP NP NP NP UP(PH) NP Municipal Animal Shelter – – – – – – – – – – --
Nursing Home UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Park/Playground ZC ZC ZC ZC ZC ZC ZC ZC ZC AUP ZC
Public Safety and Emergency
Service

UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Religious Assembly UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC School UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) School, Vocational AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP Retail Uses
Alcoholic Beverage Retail Sale UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* UP(PH)* UP(PH)* 23.204.060.B.2;

23.310
Cannabis Retailer ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.320; 12.21; and 12.22
Cannabis Retailer, Delivery Only ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* -- 23.320; 12.21; and 12.22
Firearm/Munitions Business UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH) UP(PH)* 23.302.070.D Industrial and Mining Products – – – – – – – – – – --
Pawn Shop/Auction House UP(PH) – NP NP NP NP NP NP UP(PH) UP(PH) NP Pet Store UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) ZC [3] UP(PH) Retail, General ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC ZC* [2] ZC ZC* [3] ZC* 23.204.040.E (for department
stores)

23.204.040.F
(for drug stores)
Smoke Shop UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* 23.302.070.I Personal and Household Service Uses
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Personal and Household
Services, General
ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] ZC ZC [5] ZC Kennels and Pet Boarding NP NP NP NP NP NP NP NP NP UP(PH) NP Laundromats and Cleaners AUP AUP UP(PH) UP(PH) UP(PH) AUP AUP UP(PH) UP(PH) AUP [4] AUP Veterinary Clinic UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Video Tape/Disk Rental ZC [1] ZC [1] ZC [2] AUP ZC [2] - ZC ZC [2] ZC ZC [5] NP Office Uses
Business Support Services ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC* ZC [2] ZC ZC [5] ZC [6] 23.204.110.B.6 Banks and Financial Services,
Retail
AUP AUP UP(PH) UP(PH) UP(PH) ZC [1] AUP* UP(PH) ZC* AUP ZC 23.204.110.B.6;

23.204.130.B.3;

23.204.130.D.3
Insurance Agents, Title
Companies, Real Estate Agents,
Travel Agents
ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC* ZC* [2] ZC* ZC [5] ZC [6] 23.204.040.D;

23.204.110.B.6;

23.204.130.D.3
Medical Practitioners ZC [1] ZC [1] AUP NP UP(PH) ZC [1] AUP* UP(PH) ZC* ZC [5] ZC [6] 23.204.040.D;

23.204.110.B.6;

23.204.130.D.3
Non-Chartered Financial
Institutions
UP(PH)* UP(PH)* NP NP NP UP(PH)* UP(PH)* NP NP UP(PH)* UP(PH) 23.302.070.F

23.204.110.B.6
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Office, Business and Professional ZC [1] ZC [1] AUP* AUP* AUP* ZC [1] AUP* AUP* ZC* ZC [5] ZC [6] 23.204.040.B;

23.204.110.B.6;

23.204.130.D.3
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented Business UP(PH)* UP(PH)* NP NP NP NP NP NP UP(PH)* UP(PH)* NP 23.302.070.A Amusement Device Arcade UP(PH)* UP(PH)* NP NP NP UP(PH)* NP NP UP(PH)* UP(PH)* UP(PH) 23.302.070.B Bar/Cocktail Lounge/Tavern UP(PH)* UP(PH)* UP(PH)* – NP UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* UP(PH) 23.204.100.B.3;

23.204.110.B.2;

23.310
Commercial Recreation Center See 23.204.040.A
Dance/Exercise/Martial
Arts/Music Studio
ZC [1] ZC [1] ZC [2] AUP AUP [4] ZC [1] ZC AUP ZC ZC [7] ZC Entertainment Establishment UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Food Service Establishment See 23.204.040302.070.E
Group Class Instruction ZC [1] ZC [1] AUP AUP AUP* ZC [1] ZC* AUP ZC* ZC ZC 23.204.040.B Gym/Health Club See 23.204.040.C
Hotels, Tourist UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Motels, Tourist UP(PH) UP(PH) NP NP NP NP NP NP UP(PH) UP(PH) NP Theater UP(PH) UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP AUP UP(PH) UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Vehicle Service and Sales Uses
Alternative Fuel Station UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP* UP(PH) NP AUP* UP(PH) 23.204.110.B.4;

23.204.140.B.3
Electric Vehicle Charging Station AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP* AUP Gasoline Fuel Stations UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP* UP(PH) NP UP(PH)* UP(PH) 23.204.140.B.3 Large Vehicle Sales and Rental AUP NP NP NP NP NP NP NP NP AUP* [8] NP 23.204.140.B.3 Small Vehicle Sales and Service AUP NP NP NP NP UP(PH)* NP NP UP(PH) UP(PH)* NP 23.204.100.B.5;

23.204.140.B.3
Tire Sales and Service UP(PH) NP NP NP NP NP NP NP NP UP(PH)* NP 23.204.140.B.3 Vehicle Parts Store ZC [1] NP ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] NP AUP* [8] ZC Vehicle Rentals AUP NP NP NP NP NP NP NP UP(PH) AUP* [8] NP 23.204.140.B.3 Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP AUP* [8] NP Vehicle Sales, New AUP NP NP NP NP UP(PH)* NP NP UP(PH) AUP* [8] NP 23.204.100.B.5

23.204.140.B.3
Vehicle Sales, Used AUP NP NP NP NP UP(PH)* NP NP UP(PH) UP(PH)* NP 23.204.100.B.5;

23.204.140.B.3;

23.204.140.D.4
Vehicle Wash UP(PH) NP NP NP NP NP NP NP NP UP(PH)* NP 23.204.140.B.3 Vehicle Wrecking NP NP NP NP NP NP NP NP NP NP NP
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Industrial and Heavy Commercial Uses
Bus/Cab/Truck/Public Utility
Depot
– – – – – – – – – – --
Commercial Excavation UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) – NP UP(PH) Contractors Yard – – – – – – – – – AUP --
Dry Cleaning and Laundry Plant UP(PH) UP(PH) NP – UP(PH) NP NP NP UP(PH) NP NP Laboratory
Commercial Physical or
Biological

AUP AUP NP NP NP NP NP NP AUP NP NP
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP [9] NP Manufacturing
Construction Products – – – – – – – – UP(PH) --
Light Manufacturing – – – – – – – – AUP [8] --
Pesticides/Herbicides/Fertilizers – – – – – – – – UP(PH) -- Petroleum Refining and
Products
– – – – – – – – UP(PH) --
Pharmaceuticals – – – – – – – – UP(PH) --
Primary Production
Manufacturing
– – – – NP – – – – UP(PH) --
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Semiconductors – – – – NP – – – – UP(PH) --
Material Recovery Enterprise – – – – – – – – – – --
Media Production UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* AUP UP(PH) 23.204.130.B.4 Mini-storage UP(PH) NP NP NP NP NP NP – UP(PH) NP NP
Recycled Materials Processing – – – – – – – – – – --
Recycling Redemption Center AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Repair Service, Non-Vehicle – – – – – – – – – AUP --
Research and Development – – – – – – – – – -- --
Services to Buildings and
Dwellings
– – – – – – – – – AUP --
Warehouse UP(PH) NP NP NP NP NP NP – UP(PH) NP NP
Warehouse-Based Non-Store
Retailer
– – – – – – – – – --
Wholesale Trade – – – – -- – – – – AUP [8] --
Incidental Uses
Amusement Devices AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* UP(PH) 23.302.070.B Alcoholic Beverage Service See 23.310
Cafeteria, On-Site UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Columbaria See 23.302.070.C
Food and Beverage for Immediate
Consumption

ZC ZC AUP UP(PH) UP(PH) ZC AUP UP(PH) ZC ZC ZC
Food Service Establishment See 23.302.070.E
Live Entertainment See 23.302.020.D
Manufacturing AUP AUP UP(PH) UP(PH) NP UP(PH) AUP AUP AUP AUP AUP Retail Sale of Goods
Manufactured On-Site
ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] ZC AUP ZC Storage of Goods (>25% gross
floor area)
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP 23.302.020.C Wholesale Activities AUP* AUP* UP(PH)* UP(PH)* NP AUP* AUP* AUP* AUP* AUP AUP 23.204.080.B.3 Other Miscellaneous Uses
Art/Craft Studio AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC [6] ATM, Exterior and Attached to
Bank
AUP AUP AUP UP(PH) AUP AUP AUP AUP* AUP AUP AUP 23.204.120.B.2 ATM, Interior or Exterior and Not
With Bank
UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) NP UP(PH)* AUP UP(PH) 23.204.130.B.2 Circus/Carnival UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Drive-in Uses UP(PH) NP NP NP UP(PH) UP(PH) NP UP(PH) NP NP UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Home Occupations See 23.302.040
Live/Work See 23.312
Parking Lot/Structure See 23.302.070.G
Public Market, Open Air AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP Public Market, Enclosed AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [9] AUP Short-Term Rental See 23.314 NP NP See 23.314 NP See 23.314 NP Urban Agriculture, Low-Impact ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC ZC 23.318 Urban Agriculture, High-Impact AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP AUP 23.318 Wireless Telecommunication
Facility
See 23.332--Wireless Communication Facilities
Item 10 - Attachment 1
Planning Commission
October 19, 2022

Notes: 1
[1] Change of use of floor area over 3,000 square feet requires an AUP. 2 [2] Change of use of floor area over 2,000 square feet requires an AUP. 3 [3] Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 4 7,500 sq. ft. 5
[4] Requires a Use Permit if 5,000 sq. ft. or more. 6
[5] Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 7 5,000 sq. ft. 8
[6] Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and 9 Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of 10 Ashby, west of Adeline. 11
[7] Requires a Use Permit if 7,500 square feet or more. 12 [8] Requires a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. 13 [9] Requires a Use Permit if more than 10,000 sq. ft. 14 15 Section 13. That Berkeley Municipal Code Section 23.204.060.D.5 Table 23.204-12 is 16 amended as follows: 17
18 Table 23.204-12. C-U SETBACK STANDARDS 19

LOT LINE & PROJECT CONDITIONS REQUIRED SETBACK
Front
Ground-floor non-residential uses fronting University Avenue Average 2 ft. 2 ft. at all sidewalk pedestrian entries
Ground-floor residential uses fronting University Avenue Average 2 ft.

Maximum 10 ft.[1]
Fronting a street other than University Avenue and confronting a non-residential district
No min.

Rear
Lots on south side of University Avenue abutting lot in residential district
Average 20 ft. [2] [3]
Lots on south north side of University Avenue See 23.204.060.D.5[WG1]--C-U University Commercial District (Solar Access)
All other lots 10 ft. or 10% of lot depth, whichever is greater Interior Side No minimum
Street Side 2 ft. average
All setbacks for lots on South Side of University Avenue fronting a street other than University Avenue
As required by 23.304.030.C.2--Setbacks (Lots
Adjacent to Residential Districts) [4]
Notes: 20
[1] A maximum setback of 10 feet is only permitted for landscaping that enhances the streetscape and 21 provides privacy for residential units on the first floor. 22 [2] Rear setback area must be greater than or equal to the width of the lot in feet multiplied by 20 feet. 23 [3] See 23.304.030.C.2.b for allowed reductions. 24
[4] If a lot fronting a side street is consolidated into a single project with the adjacent University Avenue-fronting 25 lot, the project must conform to the setback standards in this table. 26 Item 10 - Attachment 1
Planning Commission
October 19, 2022

2 Section 14. That Berkeley Municipal Code Section 23.204.080.B Table 23.204-20 is 27 amended as follows: 28
29 Table 23.204-20. C-E LAND USE NUMBER AND SIZE LIMITATIONS 30

USE NUMBER LIMIT MAXIMUM SIZE PERMIT REQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops
No limit 1,500 sq. ft. ZC
Bookstores, Periodical Stands No limit 2,000 sq. ft. ZC Food Service Establishments [1] 25 total No max. No permit required AUP
Photocopy Stores, Printing, Fax, Magnetic
Disk Reproduction Services
No limit 1,000 sq. ft. ZC
Notes: 31
[1] Excludes food service uses accessory to a food product store. Secondary food service uses 32 associated with all other principal uses are subject to limitations in Table 23.204-20. 33 [2] Change of use of over 3,000 square feet requires Use Permit. 34 35 Section 14. That Berkeley Municipal Code Section 23.204.100.D.2 is amended as 36 follows: 37
38 2. Modification for Mixed Use and Residential Projects. The ZAB may modify 39 development standards in Table 23.204-27, Table 23.204-28, and Table 23.204-40 29, and Table 23.204-30 – excluding FAR – for a mixed-use or residential-only 41 project with a Use Permit, upon making one of the following findings: 42 (a) The project encourages utilization of public transit and existing off-43 street parking facilities in the area of the proposed building; 44 (b) The modification allows consistency with the building setbacks 45 existing in the immediate area where a residential building setback would 46 not serve a useful purpose; 47
(c) The modification facilitates the construction of affordable housing as 48 defined by the U.S. Department of Housing and Urban Development 49 (HUD) Guidelines; or 50
(d) The modification provides consistency with the purposes of the district 51 as listed in Section 23.204.100.A (District Purpose). 52 Section 15. That Berkeley Municipal Code Section 23.206.040.A is amended as 53 follows: 54
55 Item 10 - Attachment 1
Planning Commission
October 19, 2022

3 A. Art/Craft Studios in the M and MU-LIMM Districts. Art/craft studios are 56 allowed in the M and MU-LIMM districts only as workspaces. Live/work is not 57 permitted. 58
59 Section 16. That Berkeley Municipal Code Section 23.406.050.F.2 is amended as 60 follows: 61
62 2. The ZAB shall deny a Use Permit applicationVariance if it determines that it is 63 unable to make any of the required findings. 64
65 Section 17: Copies of this Ordinance shall be posted for two days prior to adoption in the 66 display case located near the walkway in front of the Maudelle Shirek Building, 2134 67 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be 68 filed at each branch of the Berkeley Public Library and the title shall be published in a 69 newspaper of general circulation. 70
Item 10 - Attachment 1
Planning Commission
October 19, 2022

ORDINANCE NO. -N.S.

AMENDING TITLE 23 OF THE BERKELEY MUNI CIPAL CODE TO CORRECT ERRORS AND M AKE NON -

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

Section 1. That Berkeley Municipal Code Section 23.108.020 Table 23.204-8 is amended as follows:

A. Districts. Berkeley is divided into districts as shown in Table 23.108-1: Zoning Districts. Unique regulations apply within each district as established in Chapters 23.202--23.208 (Zoning Districts).

Table 23.108-1. ZONING DISTRICTS

DISTRICT SYMBOL NAME OF DISTRICT
Residential Districts
R-1 Single-Family Residential
R-1A Limited Two-family Residential
ES-R Environmental Safety Residential
R-2 Restricted Two-family Residential
R-2A Restricted Multiple-family Residential
R-3 Multiple-family Residential
R-4 Multi-family Residential
R-5 High Density Residential
R-S Residential Southside
Item 10 - Attachment 1
Planning Commission
October 19, 2022

DISTRICT SYMBOL NAME OF DISTRICT
R-SMU Residential Southside Mixed Use
R-BMU Residential BART Mixed Use
Commercial Districts
C-C Corridor Commercial
C-U University Avenue Commercial
C-N Neighborhood Commercial
C-E Elmwood Commercial
C-NS North Shattuck Commercial
C-SA South Area Commercial
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
Manufacturing Districts
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
Item 10 - Attachment 1
Planning Commission
October 19, 2022

DISTRICT SYMBOL NAME OF DISTRICT
MU-R Mixed Use-Residential
Special Districts
SP Specific Plan
U Unclassified

Undesignated Areas. Any area not specifically designated as a district on the Zoning Map is subject to the Unclassified (U) district requirements.

Overlay Zones.

1. The Zoning Ordinance and Zoning Map include the overlay zones shown in

2. Table Error! No text of specified style in document.-1: Overlay Zones. Overlay zones impose additional regulations on properties beyond what is required by the underlying district.

3. As shown in

4. Table Error! No text of specified style in document.-1: Overlay Zones, provisions for overlay zones that apply to two or more districts are located in Chapter 23.210 (Error! Reference source not found.). Provisions for overlay zones that apply only in one district are located in the Zoning Ordinance chapter for that district.

TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-1: OVERLAY ZONES

OVERLAY
ZONE
SYMBOL

NAME OF OVERLAY ZONE LOCATION IN ZONING ORDINANCE
Overlay Zones that Apply in Two or More Districts
H Hillside Error! Reference source not found.Error!
Reference source not found.

Item 10 - Attachment 1
Planning Commission
October 19, 2022

C Civic Center Error! Reference source not found.Error! Reference source not found.

Overlay Zones that Apply in One District
D Dealership
Error! Reference source not
found..B.5Error! Reference source not
found. (Automobile/Motorcycle Sales)
DA Downtown Arts
Error! Reference source not found.Error!
Reference source not found. (Arts Overlay
District)

5. If the overlay zone applies a standard to a property that conflicts with the underlying district, the overlay zone standard governs. If the overlay zone is silent on a standard in the underlying district, the underlying district standard applies.

Vacated Streets. Where a public street or alley is officially vacated or abandoned, the land area of the street or alley acquires the district classification of the property to which it reverts.

Section 2. That Berkeley Municipal Code Section 23.202.020 is amended to add the following:

Use-Specific Regulations. Uses subject to supplemental regulations are shown in Error! Reference source not found. with an asterisk (*) following the permit requirement (e.g., UP*). The Use-Specific Regulations column in Error! Reference source not found. identifies the location of these regulations in the Zoning Ordinance.

Section 3. That the title of Berkeley Municipal Code 23.202.140 is amended as follows:

23.202.140 R-SMU Residential Southside Mixed Use District

Item 10 - Attachment 1
Planning Commission
October 19, 2022

Section 4. That the Berkeley Municipal Code 23.202.150.B.1 is amended as follows:

1. Dwelling Units per Acre: The quotient resulting from the total number of dwelling units on a site divided by the Lot Area.

Section 5. That Berkeley Municipal Code 23.202.150.C.1 is amended as follows:

1. General. See Section 23.202.020 (Allowed Land Uses), which indicates identified allowed land uses and which are prohibited.
(a) The initial establishment of a land use in a new building will follow the R-BMU Master Development Plan process outlined in Section 23.202.150.D G below.
(b) The change of use of an existing building or portion of a building will require the permits indicated in Section

23.202.020 and Table 23.202-1 for the R-BMU District.
(c) Any use not listed in Table 23.202-1 for the R-BMU District can be approved through the Master Development Plan process outlined in Section 23.202.150.D G below for the initial establishment of a land use in a new building. (d) Uses subject to supplemental regulations are shown in Table 23.202-1 with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Regulations column in Table 23.204202-1 identifies the location of these regulations in the Zoning Ordinance.

Section 6. That Berkeley Municipal Code Section 23.304.150.F Table 23.202-28 is amended as follows:

Supplemental Standards
Lot Area, Minimum No Minimum 23.304.020
Private Usable Open
Space, Minimum [1][2]

23.302304.090
Per Dwelling Unit 40 sf/DU 23.302304.090
Per Group Living
Accommodation
Resident
15 sf/resident 23.302304.090
Item 10 - Attachment 1
Planning Commission
October 19, 2022

Public Open Space,
Minimum

Per Dwelling Unit 35 sf/DU
Per Group Living
Accommodation
Resident
18 sf/resident
Floor Area Ratio (FAR),
Maximum

4.2 Main Building height,
Maximum [3]
80 feet and 7
stories

32.304.050
Residential Density,
Minimum
75 dwelling units
per acre

[1] Private Usable Open Space may be provided as any combination of personal and common private space.
[2] 50% of the Private Usable Open Space requirement may be fulfilled through the provision of an equal amount of additional Public Open Space. [3] Building Height Measurement: In the case of a roof with a parapet wall, building height shall be measured to the top of the roof and parapets may exceed the height limits by up to five feet by right.

Section 7. That Berkeley Municipal Code Section 23.202.150.F.3.b.iv is amended as follows:

iv. Adjacent publicly owned space may contribute to the minimum public space requirement for the project, if it is designed, integrated and maintained as part of the project and complies with all other requirements for public space design identified in this section 23.202.150(DF)3(b).

Section 8. That Berkeley Municipal Code Section 23.202.150.F.3.c is amended as follows:

(c) Rooftop Open Space. Rooftops may be utilized as Private Usable Open Space or Public Open Space meeting the requirements of 23.202.150.AF.3 (Additional Open Space Requirements--Definitions). Rooftop space Item 10 - Attachment 1
Planning Commission
October 19, 2022

designated Public Open Space must also meet the requirements of 23.202.150.AF.3.B (Public Space Design). No more than 25% of Public Open Space requirements can be met with Rooftop Open Space, and such Public Open Space must be independently accessible from the public circulation network.

Section 9. That Berkeley Municipal Code Section 23.202.150.G.4.c is amended as follows:

(c) The Board shall determine whether the proposal conforms to the permit criteria set forth in Section

23.202.150.DG.8, and may approve or disapprove the application and the accompanying Preliminary Development Plan or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria and regulations. In so doing, the Board may, in its discretion, authorize submission of the Final Development Plan in stages corresponding to different units or elements of the development. It may do so only upon evidence assuring completion of the entire development in accordance with the Preliminary Development Plan and staged development schedule.

Section 10. That Berkeley Municipal Code Section 23.202.150.G.5.b is amended as follows:

(b) The public notice and hearing process for a Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23B.3223.406.040, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.

Section 11. That Berkeley Municipal Code Section 23.202.150.G.7 is amended as follows:

7. Appeal to Council. The process for appeal to Council for a Master Development Permit, Preliminary Development Plan and/or Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23B.3223.410.

Section 12. That Berkeley Municipal Code Section 23.204.020 Table 23.204-1 is amended as follows:

Table 23.204-1 . Allowed Uses in Commercial Districts
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Residential Uses
Accessory Dwelling Unit See 23.306--Accessory Dwelling Units Dwellings
Single-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Two-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Multi-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Group Living Accommodation UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3

Hotel, Residential UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Mixed-Use Residential UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) See Table

23.204-
41 UP(PH) 23.204.060.B.3;

23.204.100.B.4
Senior Congregate Housing See 23.302.070.H
Public and Quasi-Public Uses
Child Care Center UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Cemetery/Crematory/Mausoleum NP NP NP NP NP NP NP NP NP NP NP Club/Lodge UP(PH) UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Columbaria See 23.302.070.C
Community Care Facility AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC AUP Community Center UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Emergency Shelter See 023.308—
Emergency
Shelters
– – See 23.308 – Emergency Shelters0
Family Day Care Home, Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Family Day Care Home, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Hospital UP(PH) UP(PH) NP NP NP NP NP NP UP(PH) UP(PH) NP Library UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Mortuaries and Crematories UP(PH) UP(PH) NP NP NP NP NP NP NP UP(PH) NP Municipal Animal Shelter – – – – – – – – – – --
Nursing Home UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Park/Playground ZC ZC ZC ZC ZC ZC ZC ZC ZC AUP ZC
Public Safety and Emergency
Service

UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Religious Assembly UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC School UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) School, Vocational AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP Retail Uses
Alcoholic Beverage Retail Sale UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* UP(PH)* UP(PH)* 23.204.060.B.2;

23.310
Cannabis Retailer ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.320; 12.21; and 12.22
Cannabis Retailer, Delivery Only ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* -- 23.320; 12.21; and 12.22
Firearm/Munitions Business UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH) UP(PH)* 23.302.070.D Industrial and Mining Products – – – – – – – – – – --
Pawn Shop/Auction House UP(PH) – NP NP NP NP NP NP UP(PH) UP(PH) NP Pet Store UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) ZC [3] UP(PH) Retail, General ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC ZC* [2] ZC ZC* [3] ZC* 23.204.040.E (for department
stores)

23.204.040.F
(for drug stores)
Smoke Shop UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* 23.302.070.I Personal and Household Service Uses
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Personal and Household
Services, General
ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] ZC ZC [5] ZC Kennels and Pet Boarding NP NP NP NP NP NP NP NP NP UP(PH) NP Laundromats and Cleaners AUP AUP UP(PH) UP(PH) UP(PH) AUP AUP UP(PH) UP(PH) AUP [4] AUP Veterinary Clinic UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Video Tape/Disk Rental ZC [1] ZC [1] ZC [2] AUP ZC [2] - ZC ZC [2] ZC ZC [5] NP Office Uses
Business Support Services ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC* ZC [2] ZC ZC [5] ZC [6] 23.204.110.B.6 Banks and Financial Services,
Retail
AUP AUP UP(PH) UP(PH) UP(PH) ZC [1] AUP* UP(PH) ZC* AUP ZC 23.204.110.B.6;

23.204.130.B.3;

23.204.130.D.3
Insurance Agents, Title
Companies, Real Estate Agents,
Travel Agents
ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC* ZC* [2] ZC* ZC [5] ZC [6] 23.204.040.D;

23.204.110.B.6;

23.204.130.D.3
Medical Practitioners ZC [1] ZC [1] AUP NP UP(PH) ZC [1] AUP* UP(PH) ZC* ZC [5] ZC [6] 23.204.040.D;

23.204.110.B.6;

23.204.130.D.3
Non-Chartered Financial
Institutions
UP(PH)* UP(PH)* NP NP NP UP(PH)* UP(PH)* NP NP UP(PH)* UP(PH) 23.302.070.F

23.204.110.B.6
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Office, Business and Professional ZC [1] ZC [1] AUP* AUP* AUP* ZC [1] AUP* AUP* ZC* ZC [5] ZC [6] 23.204.040.B;

23.204.110.B.6;

23.204.130.D.3
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented Business UP(PH)* UP(PH)* NP NP NP NP NP NP UP(PH)* UP(PH)* NP 23.302.070.A Amusement Device Arcade UP(PH)* UP(PH)* NP NP NP UP(PH)* NP NP UP(PH)* UP(PH)* UP(PH) 23.302.070.B Bar/Cocktail Lounge/Tavern UP(PH)* UP(PH)* UP(PH)* – NP UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* UP(PH) 23.204.100.B.3;

23.204.110.B.2;

23.310
Commercial Recreation Center See 23.204.040.A
Dance/Exercise/Martial
Arts/Music Studio
ZC [1] ZC [1] ZC [2] AUP AUP [4] ZC [1] ZC AUP ZC ZC [7] ZC Entertainment Establishment UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Food Service Establishment See 23.204.040302.070.E
Group Class Instruction ZC [1] ZC [1] AUP AUP AUP* ZC [1] ZC* AUP ZC* ZC ZC 23.204.040.B Gym/Health Club See 23.204.040.C
Hotels, Tourist UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Motels, Tourist UP(PH) UP(PH) NP NP NP NP NP NP UP(PH) UP(PH) NP Theater UP(PH) UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP AUP UP(PH) UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Vehicle Service and Sales Uses
Alternative Fuel Station UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP* UP(PH) NP AUP* UP(PH) 23.204.110.B.4;

23.204.140.B.3
Electric Vehicle Charging Station AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP* AUP Gasoline Fuel Stations UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP* UP(PH) NP UP(PH)* UP(PH) 23.204.140.B.3 Large Vehicle Sales and Rental AUP NP NP NP NP NP NP NP NP AUP* [8] NP 23.204.140.B.3 Small Vehicle Sales and Service AUP NP NP NP NP UP(PH)* NP NP UP(PH) UP(PH)* NP 23.204.100.B.5;

23.204.140.B.3
Tire Sales and Service UP(PH) NP NP NP NP NP NP NP NP UP(PH)* NP 23.204.140.B.3 Vehicle Parts Store ZC [1] NP ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] NP AUP* [8] ZC Vehicle Rentals AUP NP NP NP NP NP NP NP UP(PH) AUP* [8] NP 23.204.140.B.3 Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP AUP* [8] NP Vehicle Sales, New AUP NP NP NP NP UP(PH)* NP NP UP(PH) AUP* [8] NP 23.204.100.B.5

23.204.140.B.3
Vehicle Sales, Used AUP NP NP NP NP UP(PH)* NP NP UP(PH) UP(PH)* NP 23.204.100.B.5;

23.204.140.B.3;

23.204.140.D.4
Vehicle Wash UP(PH) NP NP NP NP NP NP NP NP UP(PH)* NP 23.204.140.B.3 Vehicle Wrecking NP NP NP NP NP NP NP NP NP NP NP
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Industrial and Heavy Commercial Uses
Bus/Cab/Truck/Public Utility
Depot
– – – – – – – – – – --
Commercial Excavation UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) – NP UP(PH) Contractors Yard – – – – – – – – – AUP --
Dry Cleaning and Laundry Plant UP(PH) UP(PH) NP – UP(PH) NP NP NP UP(PH) NP NP Laboratory
Commercial Physical or
Biological

AUP AUP NP NP NP NP NP NP AUP NP NP
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP [9] NP Manufacturing
Construction Products – – – – – – – – UP(PH) --
Light Manufacturing – – – – – – – – AUP [8] --
Pesticides/Herbicides/Fertilizers – – – – – – – – UP(PH) -- Petroleum Refining and
Products
– – – – – – – – UP(PH) --
Pharmaceuticals – – – – – – – – UP(PH) --
Primary Production
Manufacturing
– – – – NP – – – – UP(PH) --
Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Semiconductors – – – – NP – – – – UP(PH) --
Material Recovery Enterprise – – – – – – – – – – --
Media Production UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* AUP UP(PH) 23.204.130.B.4 Mini-storage UP(PH) NP NP NP NP NP NP – UP(PH) NP NP
Recycled Materials Processing – – – – – – – – – – --
Recycling Redemption Center AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Repair Service, Non-Vehicle – – – – – – – – – AUP --
Research and Development – – – – – – – – – -- --
Services to Buildings and
Dwellings
– – – – – – – – – AUP --
Warehouse UP(PH) NP NP NP NP NP NP – UP(PH) NP NP
Warehouse-Based Non-Store
Retailer
– – – – – – – – – --
Wholesale Trade – – – – -- – – – – AUP [8] --
Incidental Uses
Amusement Devices AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* UP(PH) 23.302.070.B Alcoholic Beverage Service See 23.310
Cafeteria, On-Site UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Columbaria See 23.302.070.C
Food and Beverage for Immediate
Consumption

ZC ZC AUP UP(PH) UP(PH) ZC AUP UP(PH) ZC ZC ZC
Food Service Establishment See 23.302.070.E
Live Entertainment See 23.302.020.D
Manufacturing AUP AUP UP(PH) UP(PH) NP UP(PH) AUP AUP AUP AUP AUP Retail Sale of Goods
Manufactured On-Site
ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] ZC AUP ZC Storage of Goods (>25% gross
floor area)
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP 23.302.020.C Wholesale Activities AUP* AUP* UP(PH)* UP(PH)* NP AUP* AUP* AUP* AUP* AUP AUP 23.204.080.B.3 Other Miscellaneous Uses
Art/Craft Studio AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC [6] ATM, Exterior and Attached to
Bank
AUP AUP AUP UP(PH) AUP AUP AUP AUP* AUP AUP AUP 23.204.120.B.2 ATM, Interior or Exterior and Not
With Bank
UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) NP UP(PH)* AUP UP(PH) 23.204.130.B.2 Circus/Carnival UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Drive-in Uses UP(PH) NP NP NP UP(PH) UP(PH) NP UP(PH) NP NP UP(PH) Item 10 - Attachment 1
Planning Commission
October 19, 2022

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

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

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC Home Occupations See 23.302.040
Live/Work See 23.312
Parking Lot/Structure See 23.302.070.G
Public Market, Open Air AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP Public Market, Enclosed AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [9] AUP Short-Term Rental See 23.314 NP NP See 23.314 NP See 23.314 NP Urban Agriculture, Low-Impact ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC ZC 23.318 Urban Agriculture, High-Impact AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP AUP 23.318 Wireless Telecommunication
Facility
See 23.332--Wireless Communication Facilities
Item 10 - Attachment 1
Planning Commission
October 19, 2022

Notes: 1
[1] Change of use of floor area over 3,000 square feet requires an AUP. 2 [2] Change of use of floor area over 2,000 square feet requires an AUP. 3 [3] Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 4 7,500 sq. ft. 5
[4] Requires a Use Permit if 5,000 sq. ft. or more. 6
[5] Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 7 5,000 sq. ft. 8
[6] Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and 9 Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of 10 Ashby, west of Adeline. 11
[7] Requires a Use Permit if 7,500 square feet or more. 12 [8] Requires a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. 13 [9] Requires a Use Permit if more than 10,000 sq. ft. 14 15 Section 13. That Berkeley Municipal Code Section 23.204.060.D.5 Table 23.204-12 is 16 amended as follows: 17
18 Table 23.204-12. C-U SETBACK STANDARDS 19

LOT LINE & PROJECT CONDITIONS REQUIRED SETBACK
Front
Ground-floor non-residential uses fronting University Avenue Average 2 ft. 2 ft. at all sidewalk pedestrian entries
Ground-floor residential uses fronting University Avenue Average 2 ft.

Maximum 10 ft.[1]
Fronting a street other than University Avenue and confronting a non-residential district
No min.

Rear
Lots on south side of University Avenue abutting lot in residential district
Average 20 ft. [2] [3]
Lots on south north side of University Avenue See 23.204.060.D.5[WG1]--C-U University Commercial District (Solar Access)
All other lots 10 ft. or 10% of lot depth, whichever is greater Interior Side No minimum
Street Side 2 ft. average
All setbacks for lots on South Side of University Avenue fronting a street other than University Avenue
As required by 23.304.030.C.2--Setbacks (Lots
Adjacent to Residential Districts) [4]
Notes: 20
[1] A maximum setback of 10 feet is only permitted for landscaping that enhances the streetscape and 21 provides privacy for residential units on the first floor. 22 [2] Rear setback area must be greater than or equal to the width of the lot in feet multiplied by 20 feet. 23 [3] See 23.304.030.C.2.b for allowed reductions. 24
[4] If a lot fronting a side street is consolidated into a single project with the adjacent University Avenue-fronting 25 lot, the project must conform to the setback standards in this table. 26 Item 10 - Attachment 1
Planning Commission
October 19, 2022

2 Section 14. That Berkeley Municipal Code Section 23.204.080.B Table 23.204-20 is 27 amended as follows: 28
29 Table 23.204-20. C-E LAND USE NUMBER AND SIZE LIMITATIONS 30

USE NUMBER LIMIT MAXIMUM SIZE PERMIT REQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops
No limit 1,500 sq. ft. ZC
Bookstores, Periodical Stands No limit 2,000 sq. ft. ZC Food Service Establishments [1] 25 total No max. No permit required AUP
Photocopy Stores, Printing, Fax, Magnetic
Disk Reproduction Services
No limit 1,000 sq. ft. ZC
Notes: 31
[1] Excludes food service uses accessory to a food product store. Secondary food service uses 32 associated with all other principal uses are subject to limitations in Table 23.204-20. 33 [2] Change of use of over 3,000 square feet requires Use Permit. 34 35 Section 14. That Berkeley Municipal Code Section 23.204.100.D.2 is amended as 36 follows: 37
38 2. Modification for Mixed Use and Residential Projects. The ZAB may modify 39 development standards in Table 23.204-27, Table 23.204-28, and Table 23.204-40 29, and Table 23.204-30 – excluding FAR – for a mixed-use or residential-only 41 project with a Use Permit, upon making one of the following findings: 42 (a) The project encourages utilization of public transit and existing off-43 street parking facilities in the area of the proposed building; 44 (b) The modification allows consistency with the building setbacks 45 existing in the immediate area where a residential building setback would 46 not serve a useful purpose; 47
(c) The modification facilitates the construction of affordable housing as 48 defined by the U.S. Department of Housing and Urban Development 49 (HUD) Guidelines; or 50
(d) The modification provides consistency with the purposes of the district 51 as listed in Section 23.204.100.A (District Purpose). 52 Section 15. That Berkeley Municipal Code Section 23.206.040.A is amended as 53 follows: 54
55 Item 10 - Attachment 1
Planning Commission
October 19, 2022

3 A. Art/Craft Studios in the M and MU-LIMM Districts. Art/craft studios are 56 allowed in the M and MU-LIMM districts only as workspaces. Live/work is not 57 permitted. 58
59 Section 16. That Berkeley Municipal Code Section 23.406.050.F.2 is amended as 60 follows: 61
62 2. The ZAB shall deny a Use Permit applicationVariance if it determines that it is 63 unable to make any of the required findings. 64
65 Section 17: Copies of this Ordinance shall be posted for two days prior to adoption in the 66 display case located near the walkway in front of the Maudelle Shirek Building, 2134 67 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be 68 filed at each branch of the Berkeley Public Library and the title shall be published in a 69 newspaper of general circulation. 70
Item 10 - Attachment 1
Planning Commission
October 19, 2022

BASELINE ZONING ORDINANCE CONSENT CHANGES MAT
RIX
Topic Description BZO Location Existing
Location
Rationale for Change

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

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

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

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

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

Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

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

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

23.104.030 23A.080.010 Provides for
consistent application
of rules
Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

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

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

23.108.020.A 23A.16.020.A Simplifies and clarifies
C-1 rules inside and
outside of University
Avenue Strategic Plan
area
Purpose of Overlay
Zones
Explains purpose of overlay zones 23.108.020.C.1 NEW Provide definition; explains that Overlay
Zone regulations are
in addition to
regulations of
underlying zone (not a
replacement)
Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

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

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

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

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

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

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

Item 10 - Attachment 2
Planning Commission
October 19, 2022

Topic Description BZO Location Existing
Location
Rationale for Change

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

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

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

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

23.304.050.A 23D.04.020.A;
23E.04.020.A
Removal of
extraneous language.

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

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

23.304.140.D NEW Adds Adeline Corridor
Plan to list of existing
plans
Item 10 - Attachment 2
Planning Commission
October 19, 2022

Topic Description BZO Location Existing
Location
Rationale for Change

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

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

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

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

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

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

23.402 – Administrative Responsibility
Chapter Purpose States purpose of chapter 23.402.010 NEW BZO standard includes purpose statement
for each chapter
Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

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

23.402.090.C NEW Codifies existing
Council authority

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

23.404.010 NEW BZO standard includes
purpose statement
for each chapter.

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

23.402.020.F NEW Codifies existing
practice
Review Timeline Adds statement that City will abide by Permit Streamlining Act 23.404.030.A.3 NEW Codifies existing practice. Recognizes
Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

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

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

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

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

Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

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

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

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

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

23.404.060.A NEW Codifies current
practice and legal
requirements
consistent with Gov’t
Code Section 65853-
65857
Expiration of Permit Adds that if a permit is not exercised after one year, it will not lapse if the applicant has made a substantial good faith effort to obtain a building permit and begin construction.

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

23.404.060.C.3 NEW Provides explicit
definition of what a
lapsed permit means
and makes explicit the
Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

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

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

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

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

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

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

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

23.406.090.E.1 23B.52.040.B The Americans with
Disabilities Act, and
the California Fair
Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

This conflicts with
state and federal law.

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

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

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

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

Council can hold
hearing consistent
with Public Notice
section.

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

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

Item 10 - Attachment 2
Planning Commission
October 19, 2022

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

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

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

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

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

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

Item 10 - Attachment 2
Planning Commission
October 19, 2022

PLANNING

C O M M I S S I O N
N o t i c e o f P u b l i c H e a r i n g
Wednesday, October 19, 2022
Zoning Ordinance Amendments that Address Technical Edits and Corrections to the Berkeley Municipal Code Sections 23.108.020 (Zoning Districts); 23.202.020 (Allowed Land Uses); 23.202.140 (R- SMU District); 23.202.150 (R-BMU District); 23.204.020 (Allowed Uses); 23.204.060 (C-U District); 23.204.080 (C-E District);

23.204.100 (C-SA District); 23.206.040 (Use-Specific Regulations),

23.326.070 (Demolitions of Non-Residential Buildings); and

23.406.050 (Variances)
The Planning Commission of the City of Berkeley will hold a public hearing on the above matter, pursuant to Zoning Ordinance Section 23.412, on Wednesday, October 19, 2022 at 7:00 p.m. The hearing will be conducted via Zoom – see the Agenda for meeting details. The agenda will be posted on the Planning Commission website (https://www.cityofberkeley.info/PC) no later than 5pm on Friday, October 14, 2022.

PUBLIC ADVISORY: This meeting will be conducted exclusively through videoconference and teleconference. Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the Planning Commission will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available
PROJECT DESCRIPTION: On October 12, 2021, the City Council passed Ordinance No. 7,787-NS, which repealed the then-existing Title 23 of the Berkeley Municipal Code and zoning maps (“the old Zoning Ordinance”) and adopted a new Title 23 of the Berkeley Municipal Code and zoning maps (“the new Zoning Ordinance”). The new Zoning Ordinance became effective December 1, 2021.

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

PUBLIC COMMENT & FURTHER INFORMATION
All persons are welcome to attend the virtual hearing and will be given an opportunity to address the Commission. Comments may be made verbally at the public hearing and/or in writing before the Item 10 - Attachment 3
Planning Commission
October 19, 2022

Zoning Ordinance Amendments NOTICE OF PUBLIC HEARING

1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7490 E-mail: [email protected]

hearing. Written comments must be directed to:

Zoe Covello
Planning Commission Clerk
Email: [email protected]
City of Berkeley, Land Use Planning Division
1947 Center Street, 2nd Floor
Berkeley, CA 94704

Correspondence received by 12 pm on Monday, October 10th, 2022, will be included as a Communication in the agenda packet. Correspondence received after this deadline will be conveyed to the Commission and the public in the following manner:
• Correspondence received by 12pm on Tuesday, October 18th, 2022 will be included in a Supplemental Packet, which will be posted to the online agenda as a Late Communication one day before the public hearing.
• Correspondence received by 5pm one day before this public hearing, will be included in a second Supplemental Packet, which will be posted to the online agenda as a Late Communication by 5pm on the day of the public hearing.
• Correspondence received after 5pm one day before this public hearing will be saved as part of the public record.

Note: It will not be possible to submit written comments at the meeting.

COMMUNICATION ACCESS
To request a meeting agenda in large print, Braille, or on audiocassette, or to request a sign language interpreter for the meeting, call (510) 981-7410 (voice) or 981-6903 (TDD). Notice of at least five (5) business days will ensure availability. All materials will be made available via the Planning Commission agenda page online at https://www.cityofberkeley.info/PC/.

FURTHER INFORMATION
Questions should be directed to Justin Horner, at (510) 981-7476 or [email protected].

Current and past agendas are available on the City of Berkeley website at:
https://www.cityofberkeley.info/PC/

Item 10 - Attachment 3
Planning Commission
October 19, 2022

Item 10 - Attachment 4
Planning Commission
October 19, 2022

Item 10 - Attachment 4
Planning Commission
October 19, 2022

Item 10 - Attachment 4
Planning Commission
October 19, 2022

Item 10 - Attachment 4
Planning Commission
October 19, 2022

Item 10 - Attachment 4
Planning Commission
October 19, 2022

Item 10 - Attachment 4
Planning Commission
October 19, 2022

ATTACHMENT 3

Attachment 4
NOTICE OF PUBLIC HEARING – BERKELEY CITY COUNCIL
Zoning Ordinance Amendments that Address Technical Edits and Corrections to the Berkeley Municipal Code Sections 23.108.020 (Zoning Districts); 23.202.020 (Allowed Land Uses); 23.202.140 (R-SMU District); 23.202.150 (R-BMU District);

23.204.020 (Allowed Uses); 23.204.060 (C-U District); 23.204.080 (C-E District);

23.204.100 (C-SA District); 23.206.040 (Use-Specific Regulations), 23.326.070 (Demolitions of Non-Residential Buildings); 23.406.050 (Variances); and

23.502.020 (Glossary)
The public may participate in this hearing by remote video or in-person.

The Department of Planning and Development is proposing amendments to the Zoning Ordinance. The hearing will be held on December 13, 2022 at 6:00 p.m. On October 12, 2021, the City Council passed Ordinance No. 7,787-NS, which repealed the then-existing Title 23 of the Berkeley Municipal Code and zoning maps (“the old Zoning Ordinance”) and adopted a new Title 23 of the Berkeley Municipal Code and zoning maps (“the new Zoning Ordinance”). The new Zoning Ordinance became effective December 1, 2021.

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

The proposed amendments are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sec.15061(b)(3). The proposed amendments are only text changes to clarify and correct the Berkeley Municipal Code and, therefore, there is no possibility of a significant effect on the environment.

The hearing will be held on Tuesday, December 13, 2022 at 6:00 PM. at the Berkeley Unified School District Board Room located at 1231 Addison Street, Berkeley CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of December 1, 2022. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

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

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

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

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

Published: December 2, 2022 – The Berkeley Voice
Per California Government Code Sections 65856(a) and 65090. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on December 1, 2022.
__________________________________
Mark Numainville, City Clerk

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

ACTION CALENDAR
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: FY 2022 Preliminary Year-End Status

INTRODUCTION
This budget update presents the preliminary Fiscal Year 2022 (FY 2022) Year-End financial status. The FY 2022 Year-End budget summary covers the period starting July 1, 2021, through June 30, 2022 (FY 2022) and is based on unaudited estimated actuals.

The information is considered preliminary and subject to change as the citywide financial statements and annual comprehensive financial report are being finalized.

CURRENT SITUATION AND ITS EFFECTS
FY 2022 Year-End Summary
General Fund
On June 29, 2021, the City Council adopted the FY 2022 budget (Adopted Budget).1 The FY 2022 adopted General Fund revenues totaled $236.1 million. The unaudited estimated actual FY 2022 year-end General Fund revenues generated $284.5 million.

The FY 2022 Adopted Budget included General Fund expenditures totaling $234.8 million. During the fiscal year, two Adjustments to the Appropriation Ordinance occurred totaling $32 million, which increased the total FY 2022 General Fund expenditure budget to $266.7 million2. As part of the FY 2022 year-end process, encumbrances, or planned expenditures for services and goods that did not materialize by June 30, 2022, are carried forward to the next fiscal year. This process results in two outcomes: (1) the FY 2022 year-end expenditure budget is adjusted to $254.9 and (2) the FY 2023 Adopted Budget increases by $12.2 million. However, due to underspending, the FY 2022 year-end unaudited General Fund expenditures totaled $249.3 million. 1 https://berkeleyca.gov/sites/default/files/documents/2021-06- 29%20Item%2029%20FY%202022%20Budget%20Adoption.pdf (Items 29 & 30) 2 https://berkeleyca.gov/sites/default/files/2022-04/2022-05- 10%20Item%2007%20Amendment%20%20FY%202022%20Annual.pdf

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

Revenues
At FY 2022 year-end, unaudited actual General Fund revenues generated $284.5 million, or $48.4 million more than the adopted budget of $236.1 million.

During FY 2022, General Fund revenue and transfers increased by $52,499,805 or 22

22.6% from FY 2021, from $232,028,200 to $284,528,005, despite Transfers of $11.4 million from the City’s reserve funds ($6.9 million from the Stabilization Reserve Fund and $4.5 million from the Catastrophic Reserve Fund in FY 2021) to mitigate the negative impacts of the COVID-19 pandemic in FY 2021. This increase was primarily due to the following:
1) A recovery of some business-related revenues from huge drops related to the pandemic: Sales Taxes (+3,135,973); Transient Occupancy Tax (TOT) (+3,434,566); Business License Taxes (+2,594,642); and Parking Fines (+1,194,428);
2) Extraordinary increases in Property Transfer Tax revenue (+21,431,795) and Measure P Tax revenue (+9,671,737);
3) Receipt of American Rescue Plan transfer of $22,969,355; and, 4) Expected growth from other property-related tax revenue: Secured Property Taxes (+3,441,406); and, Vehicle in Lieu Tax revenue (+625,550).

Attachment 1 includes a detailed chart on General Fund Revenues and Transfers in FY 2022 compared to FY 2021 to accompany the narrative below.

Secured Property Tax (+$3,441,406 more than FY 2021 Actual) During FY 2022, Secured Property Tax revenues totaled $71,607,561, which was $3,441,406 or 5.05% more than the $68,166,155 received for FY 2021. This was consistent with the County’s Certification of Assessed Valuation growth of 4.48%. The difference between the growth reflected on the County’s Certification of Assessed Valuation and the actual amount received is typically the difference in the amount of uncollected tax at the end of the two years (receivable). The FY 2022 total of $71,607,561 was $225,561 more than the adopted budget amount of $71,382,000.

Unsecured Property Tax (+$23,922 more than FY 2021 Actual) During FY 2022, Unsecured Property Tax revenues totaled $3,472,334, which was $23,922 or .69% more than the $3,448,412 received in FY 2021. The County’s Certification of Assessed Valuation reflected growth of 1.96% for FY 2022. The difference between the growth reflected on the County’s Certification of Assessed Valuation and the actual amount received is typically the difference in the amount of uncollected tax at the end of the two years (receivable). The FY 2022 total of $3,472,334 was $847,334 more than the adopted budget amount of $2,625,000.

Property Transfer Tax (+$21,431,795 more than FY 2021 Actual) Property Transfer Taxes totaling $42,901,750 was received during FY 2022, which was $21,431,795 or 99.8% more than the $21,469,955 received in FY 2021.

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

The increase was a result of an 88.6% increase in the property sales amount in FY 2022 versus those in FY 2021, which resulted from an increase of 14% in the number of property sales transactions, from 1,108 in FY 2021 to 1,263 in FY 2022. In addition, this included 25 property sales transactions with a value of $10 million or more (average of $26.9 million) in FY 2022 versus 10 such transactions in FY 2021 (average of $33.8 million). Another factor is that $3,384,375 of that $21,431,795 increase resulted from the late payment of the May 2021 Property Transfer Taxes by the County, which should have been received in FY 2021. The amount of $42,901,750 received in FY 2022 was $21,901,750 more than the adopted budget amount of $21,000,000.

Measure P Tax (+$9,671,737 more than FY 2021 Actual)
Measure P taxes (a tax which took effect on December 21, 2018) of $20,591,313 was collected during FY 2022, which was $9,671,737 or 88.6% more than the $10,919,576 collected during FY 2021. The increase was a result of (1) a 88.6% increase in the property sales amount of $2.06 billion in FY 2022 versus $1.09 billion in FY 2021; (2) a

44.0% increase in the number of property sales transactions with a value of $1.5 million or more, from 399 in FY 2021 to 575 in FY 2022; and (3) 25 property sales transactions with a value of $10 million or more (average of $26.9 million) in FY 2022 versus 10 such transactions in FY 2021 (average of $33.8 million), accounting for an increase of $8,353,228 in FY 2022 related to these transactions. The amount of $20,591,313 received in FY 2022 was $12,091,313 more than the adopted budget of $8,500,000.

Sales Tax (+$3,135,973 more than FY 2021 Actual)
During FY 2022, Sales Tax revenue totaled $18,928,278, which was $3,135,973 or

19.9% more than the $15,792,305 received in FY 2021. The amount of $18,928,278 received in FY 2022 put Sales Tax revenue above the pre-pandemic level and was $641,063 more than the adopted budget amount of $18,287,215. The increase in FY 2022 was primarily due to increases in the following categories:
 Restaurants (+1,060,405);
 Service Stations (+378,555);
 Apparel Stores (+148,380);
 Auto Sales-New (+292,911);
 Building materials-retail (+127.379);
 Building materials-wholesale (+260,485);
 Furniture/Appliances (+179,442);
 Miscellaneous Retail (+308,844); and,
 County Pool (+327,493).

Utility Users Taxes (+$857,866 more than FY 2021 Actual) Utility Users Tax (UUT) revenue for FY 2022 totaled $14,750,065, which was $857,865 or 6.18% more than the $13,892,200 received in FY 2021. The increase in FY 2022 was primarily attributable to decreases in Telephone (-$100,183), Cellular (-$160,037) and Cable (-$136,800), which were more than offset by increases in Gas (+$164,499) and Electric (+$616,825), as shown on the chart on the next page.

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

UUT revenue in FY 2022 was above pre-pandemic levels and was $1,750,065 or 13.5% more than the adopted budget amount of $13,000,000.

FY 2022 UUT Actual Revenues and FY 2021 Actual Revenues FY2022 FY 2021 Dollar
Change
Percent
Change
Telephone $ 1,178,972 $ 1,279,924 $ -100,952 -7.89% Cable 1,051,052 993,986 57,065 5.74% Cellular 1,677,723 1,690,798 - 13,075 -.77% Electric 7,432,925 7,115,383 317,541 4.46% Gas 3,409,394 2,812,107 597,287 21.24%
Total $ 14,750,065 $13,892,199 $ 857,866 6.18%
Transient Occupancy Tax (+$3,434,566 more than FY 2021 Actual) Transient Occupancy Tax (TOT) revenue for FY 2022 totaled $5,727,046, which was $3,434,566 or 149.8% more than the $2,292,480 received in FY 2021. The increase in FY 2022 was primarily attributable to an increase of 124.9% at the five largest hotels in Berkeley and the addition of another large hotel mid-year FY 2022.The increases (including the new hotel in the fourth quarter) were 142.8% in the first quarter, 157.1% in the second quarter, 151.0% in the third quarter and 203.9% in the fourth quarter. The range of increases at the five largest individual hotels was 9.1% to 362.5%, with an average increase of 168.7%. TOT revenue in FY 2022 was $3,554,046 or 263.6% more than the adopted budget amount of $2,173,000.

Business License Taxes (+$2,594,642 more than FY 2021 Actual) Business license Taxes (BLT) revenue for FY 2022 totaled $20,403,974, which was $2,594,642 or 14.6% more than the $17,809,332 received in FY 2021. This increase primarily resulted from the increase of $1,427,361 in Rental of Real Property, from $7,383,968 in FY 2021 to $8,811, 329; and the increase of $979,925 in the Professional/Semi Professional category, from $5,165,139 in FY 2021 to $6, 145,064 in FY 2022. BLT revenue in FY 2022 was $1,905,828 or 10.3% more than the adopted budget amount of $18,498,146.

U1 Business License Taxes (+$95,132 more than FY 2021 Actual) During FY 2022, U1 Business License Tax revenue totaled $4,913,872 which was $95,132 more than the $4,818,740 received in FY 2021. The $4,913,872 collected in FY 2021 was $206,478 less than the adopted budget amount of $5,120,350.

Vehicle In Lieu Taxes (+$625,550 more than FY 2021 Actual) Vehicle in Lieu Taxes (VLF) for FY 2022 totaled $15,006,003, which was $625,550 or

4.35% more than the $14,380,453 received in FY 2021. This increase is consistent with the County’s Certification of Assessed Valuation, which reflects growth of 4.48%.

Changes in VLF revenues are based on the growth in assessed values. The amount of $15,006,003 received in FY 2022 was $46,166 or .3% more than the adopted budget amount of $14,959,837.

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

Parking Fines (+$1,194,428 more than FY 2021 Actual)
Parking Fines revenue for FY 2022 totaled $4,765,819, which was $1,194,428 or 33.4% more than the $3,571,391 received in FY 2021. The primary reasons for the increase were (1) a significant increase in ticket writing: During FY 2022, ticket writing increased by 16,133 or 14.9% from 108,352 in FY 2021 to 124,485 in FY 2022; and (2) a decrease in outstanding citations receivable. The Ticket Aging Report showed a decline in the unpaid citations receivable balance from $2,749,950 at FY 2021 year end to $2,265,646 at June 30, 2022. The amount of $4,765,819 received in FY 2022 was $1,039,369 or 27.8% more than the adopted budget amount of $3,726,450.

Interest Income (+$776,400 more than FY 2021 Actual)
Interest income for FY 2022, totaled $6,694,122, which was $776,400 or 13.1% more than the total of $5,917,722 received in FY 2021. This increase was primarily attributable to (1) A 15.9% increase in the average book value of investments from $512,070,969 in FY 2021 to $593,670,627 in FY 2022; and (2) A slight increase in the average net interest rate earned by the City. This increase of $776,400 occurred despite the Fed’s actions to keep short-term rates near zero up until Mid-March 2022. Up to that point in time, the net interest rate earned by the City had declined from a monthly average of 1.08% in FY 2021 to .99% in FY 2022.

Starting in mid-March 2022, the Federal Reserve then raised the Federal Funds rate three times before the end of FY 2022, in order to deal with the very high inflation (.25% on March 17, 2022; .50% on May 5, 2022; and .75% on June 16, 2022, for a total of

1.50%). After the Federal Reserve made these moves, the City’s average net interest rate earned increased to 1.06% by year end, versus 1.01% for FY 2021. The amount of $6,694,122 received in FY 2022 was $2,231,802 or 50.0% more than the adopted budget amount of $4,462,320.

Ambulance Fees (+$752,526 more than FY 2021 Actual)
For FY 2022, Ambulance Fee revenue totaled $3,833,730, which was $752,526 or

24.4% more than the $3,081,204 received in FY 2021. This increase was primarily due to a recovery from the impact of the COVID-19 pandemic, which resulted in more transports in FY 2022 than there were in FY 2021. The total of $3,833,730 collected was $679,728 more than the FY 2022 adopted budget amount of $3,154,002.

Other Revenues (-$2,808,669 less than FY 2021 Actual)
Other Revenues consists of licenses and permits; grants; preferential parking fees; general government charges for services; public safety charges for services; health charges for services; culture and recreation charges for services; rents and royalties; and other miscellaneous revenues that are not considered major. Other Revenues for FY 2022 totaled $7,546,099 which was $2,808,669 or 27.1% less than the $10,354,768 received in FY 2021. This decrease resulted primarily from the FY 2021 receipt of (1) $1,500,000 from the COVID Relief Program; (2) $704,000 from the East Bay Community Foundation for the Berkeley Relief Fund, to finance grant payments to assist businesses and nonprofit organizations impacted by the COVID-19 pandemic; and, (3) $465,000 in operating grants received in FY 2021.

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

The amount of $7,538,980 received in FY 2022 was $816,122 or 12.1% more than the adopted budget amount of $6,729,977.

Indirect Cost Reimbursements (-$270,319 less than FY 2021 Actual) Indirect Cost Reimbursements (IDC) for FY 2022 totaled $5,074,695, which was $270,319 or 5.06% less than the $5,345,014 received in FY 2021. This decrease was primarily accounted for by a decline in the indirect cost rates calculated for FY 2022 (a range of 17-18%) compared to the rates calculated in FY 2021 (a range of 19.18%-

20.44%). The amount of $5,074,695 received in FY 2022 was $415,305 or 7.6% less than the adopted budget amount of $5,490,000.

Transfers (+$6,174,161 more than FY 2021Actual)
Transfers from other funds for FY 2022 totaled $27,354,923, which was $6,174,161 or

29.1% more than the $21,180,762 (including transfers from the Reserve Funds) received in FY 2021. This was primarily attributable to the Transfer of $22,969,355 from the American Rescue Plan Fund in FY 2022 compared to transfers from the Reserve Funds of $11,400,000 in FY 2021.

Expenditures
Unaudited actual FY 2022 General Fund expenditures total $249.3 million, or $20.2 million more than the initial adopted budget of $234.8 million and $5.7 million less than the adjusted budget of $255 million. The FY 2022 General Fund budget contained $8.7 million in budget deferrals to help balance the $27.2 million deficit the City faced as a result of the pandemic. The majority of deferrals, totaling $8.5 million, consisted of personnel deferrals. During the year, departments were allowed to hire General Fund vacancies on a case by case basis after a detailed review by the City Manager.

However, the salary savings achieved during the fiscal year did not fully offset total personnel deferrals largely due to overtime costs incurred in the Police and Fire Departments primarily related to the pandemic. In the end, the General Fund personnel budget finished under budget by only $271,549. Non-personnel savings totaled approximately $5.4 million, primarily due to delays in projects. (Funding for several ongoing projects is requested to carry into FY 2023 as part of a separate agenda item related to the FY 2023 AAO#1.) The chart below summarizes unaudited expenditures compared to the budget by department.

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

Significant General Fund Variances
 City Manager’s Office (+$1,674,270) due to salary savings from vacant positions ($704,533) and under spending of non-personnel funds ($969,737).  Finance (+$722,205) due to salary savings from vacant positions ($658,600).  Human Resources (+$727,605) due to salary savings from vacant positions ($530,955).
 Information Technology (+$1,367,046) due to project funds not being fully spent in FY 2022 as the department had significant staffing vacancies.  Health, Housing and Community Services (+$3,443,521) due to staffing vacancies during the year close to $2 million in FY 2022. The remainder was due to unspent non-personnel funds. Some of the non-personnel funds for critical priority projects are being carried over to FY 2023 as part of AAO#1.  Parks, Recreation & Waterfront (+$921,470) due to salary savings from vacant positions ($542,208) and the remainder was unspent non-personnel funds.  Public Works (+$3,806,816) primarily due to non-personnel and capital project funds not being completely spent in FY 2022. A significant amount of these funds will be carried over to FY 2023 as part of the AAO#1 for the following projects:
 Cameras in Public Right of Way (+$1,293,889)
 EV Charging Stations ($300,000)
 Measure T1 Phase 2 Pathway Repairs/Improvements ($99,897)  Council Budget Referral to the City Manager to improve Pedestrian Safety where Sidewalks are not provided ($100,000)
Department FY 2022
Adopted
FY 2022
Adjusted
Year-End
Actuals
Balance
(Adjusted-
Actual)
Percent
Expended
Mayor & Council 3,096,559 3,861,710 3,334,707 527,003 86% Auditor 2,705,379 2,823,432 2,627,179 196,253 93%
Police Accountability 1,114,235 1,153,125 808,594 344,531 70% City Manager 10,912,354 13,709,023 12,034,753 1,674,270 88% City Attorney 3,434,164 2,782,943 2,648,007 134,936 95% City Clerk 2,396,737 2,641,057 2,235,191 405,866 85%
Finance 7,041,962 7,549,640 6,827,435 722,205 90%
Human Resources 2,407,724 2,780,494 2,052,892 727,602 74% Information Technology 1,526,760 2,813,978 1,446,932 1,367,046 51% Health, Housing & Community Services 23,455,690 36,062,989 32,619,368 3,443,621 90% Parks, Recreation and Waterfront 7,675,564 9,676,531 8,755,061 921,470 90% Planning 2,325,367 2,844,995 2,629,757 215,238 92%
Public Works 4,742,625 10,666,639 6,859,823 3,806,816 64% Police 73,228,172 75,821,558 77,916,629 (2,095,071) 103% Fire 37,023,939 39,532,664 43,406,931 (3,874,267) 110%
Non-Departmental 51,669,260 40,261,139 43,112,577 (2,851,438) 107% Total 234,756,491 254,981,917 249,315,837 5,666,080 98%

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

 Equitable Clean Streets (+$327,293)
 Clean & Livable Commons Initiative (+$180,754)
 Dwight & California Intersection Improvements (+$84,370)  Budget Referral – Bike & Pedestrian Safety – Oxford Street (+$75,000)  Budget Referral – Bike & Pedestrian Safety Improvement Reservation (+$100,000)
 FY 2022 Tier 1 Request – Dwight Triangle (+$100,000)
 Budget Referral Traffic Calming Pedestrian Access – Cragmont ($150,000)  Police (-$2,095,071) began FY 2022 with a General Fund salary savings deferral target of $6,699,464, which was deducted at the beginning of the fiscal year to help balance the FY 2022 General Fund budget. During the year, salary savings from vacant Sworn Police Office positions generated $5,065,634. However, overtime expenses were almost $2 million over budget despite the addition of $3.5 million to the overtime budget as part of the FY 2022 Adopted Budget due to maintaining essential public safety service during the pandemic and with vacancies. The overall General Fund personnel budget exceeded the budgeted amount almost $2.5 million. Non-personnel savings of approximately $361,000 reduced the overage to final amount of $2,095.071.
 Fire (-$3,874,267) was primarily due to the personnel budget being over by almost $3.8 million which were attributed to a few factors. First, the salaries and PERS costs of Sworn Fire staff were over budget by almost $2.9 million. The budgeted FY 2022 cost of living increases included as part of the new labor contract were not enough to keep up with the total cost of increases in salary, step, and numerous additional pays. Second, the payroll adjustments process to correct payroll issues that began in FY 2021, but were started in FY 2022. These adjustments were due to programming glitches in the new payroll portion of the financial system and has been corrected. Lastly, the Overtime by Uniform Fire was over budget by almost $1.4 million in FY 2022. The significant overtime costs were due to Fire personnel who were forced to worked 275% more overtime because of increased vacancies due to retirements, resignations, and COVID-related leaves. Although the hiring freeze was lifted April 2021, most positions were not backfilled due to an almost twelve month Firefighter recruitment process. Savings in other personnel and non-personnel line items reduced to total overage down to $3.9 million.
 Non-Departmental (-$2,851,438) includes savings for community agencies as a result of budgeting the allocation for Sugar Sweetened Beverage agencies at $1.9 million, but only allocating $1.2 million. In addition, various Council Budget Referrals were approved in FY 2022, and, due to timing, will carry into FY 202 as part of AAO#1:
 Phase 2 of Civic Center District Visioning - $200,000  Consultant for Implementation of Fair and Impartial Policing Recommendations - $50,000
 Durant Parklet and Telegraph Plaza Improvements - $60,000  Berkeley Ceasefire - $200,000

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

 George Florence Park/10th Street Traffic Calming - $220,000  Improve Pedestrian Safety where Sidewalks are Not Provided - $100,000  Pilot Existing Building Electrification Installation Incentives and Just Transition Program - $1,500,000
The savings was offset at the end of the year by an almost $7 million transfer from the General Fund to other funds to cover negative cash balances that are considered a General Fund liability. This is an annual adjustment done as part of the year-end closing process and the amount being transferred is not something that can be anticipated until the year end closing process is completed by Finance.

Excess Equity
As part of a strategy that commenced in FY 2018 to help achieve the City’s intermediate and long-term General Fund Reserves goals, 50% of Excess Equity above the first $1 million is allocated to General Fund Reserves. The chart below illustrates the FY 2022, $1.52 million reserve calculation as well as the $2.52 million calculation for the unassigned excess equity. An illustration of the excess equity in relation to the General Fund and reserves is also included on the next page for reference. * FY 2022 revenue and expenditure amounts differ from the totals referenced earlier due the removal of Measure P related dollars. Measure P has been deducted from the beginning balance, FY 2022 revenue and expenditures and encumbrances, carryovers and adjustments.

FY 2022 Beginning Balance 19,806,333$
FY 2022 Revenues 263,936,692$
FY 2022 Expenditures (236,342,638)$
Available Balance 47,400,387$
Less:

FY 2022 G. F. Encumbrances Restricted (AAO #1) (8,980,951)$ FY 2022 G.F. Carryover (AAO #1) (6,263,403)$
FY 2023 Other Adjustments (AAO #1) (773,412)$
(16,017,766)$
Available Balance After AAO #1 Items 31,382,621$
Excess Property Transfer Tax to Balance FY 23 & 24 Operating Budget (17,268,170)$ Excess Property Transfer Tax to Replenish Reserves (1,500,000)$ Excess Property Transfer Tax Available for Capital (8,569,573)$ (27,337,743)$
Available Balance After Pre-Funding of Excess Property Transfer Tax 4,044,878$ Allocation to Reserves 1,522,439$
Excess Equity Balance 2,522,439$

GENERAL FUND EXCESS EQUITY CALCULATION (EXCLUDES MEASURE P)

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

This diagram illustrates the relation between excess equity as well as other restricted, committed, and assigned General Fund monies.
 The restricted fund balance category includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation.
 The committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decision-making authority.
 Amounts in the assigned fund balance classification are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed.
 Unassigned fund balance is the residual classification for the government’s general fund and includes all spendable amounts not contained in the other classifications
General Fund Reserve
The General Fund Reserve is distinctly separate from the General Fund Balance (Excess Equity). On January 24, 2017, the City Council established Resolution No. 67,821 – N.S., a policy for the General Fund Reserves. The General Fund reserves are comprised of two elements: (1) a Stability Reserve and (2) a Catastrophic Reserve:
 The Stability Reserve was established to mitigate the loss of service delivery and financial risks associated with unexpected revenue shortfalls during a single fiscal year or during a prolonged recessionary period. The purpose of the Stability Reserve is to provide fiscal stability in response to unexpected downturns or revenue shortfalls. Fifty-five percent of the General Fund Reserve is allocated to the Stability Reserve.

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

 The Catastrophic Reserve was established to sustain the General Fund operations in the case of a public emergency such as a natural disaster or other catastrophic event. The Catastrophic Reserve may be used to respond to extreme onetime events, such as earthquakes, fires, floods, civil unrest, and terrorist attacks. The policy was revise to include public health emergencies and pandemics. Forty-five percent of the General Fund Reserve is allocated to the Catastrophic Reserve.

When the City Council adopted the General Fund Reserve Policy the target level established for the Reserve was set at a minimum of 13.8% of Adopted General Fund Revenues with an Intermediate Goal of a minimum of 16.7% by the end of Fiscal Year 2020, if financially feasible. In addition, the Council adopted a Long-Term Goal of 30% of General Fund revenues, to be achieved within no more than 10 years. The Council demonstrated their commitment to these policy goals by assigning 50% of the General Fund Excess Equity above the first $1 million to the Stability and Catastrophic Reserves (Reserves). Additional Excess Equity may be allocated to Reserves by a majority vote of the Council.

During the FY 2023 & FY 2024 Biennial Budget process, the Council allocated a pre- funding amount of $1.5 million in FY 2022 Excess Property Transfer Tax revenues to the reserves plus $1.5 million from projected FY 2023 & FY 2024 Excess Property Transfer Tax revenues. This funding is in addition to the budgeted baseline amount of $2.5 million each fiscal year to the reserves. The chart directly below illustrates the current status of the reserve funds and shows a reserve percentage of resulting in an actual Reserves level of 13.62%3.

Measure U1 and Measure P
In November 2016 voters approved the passage of Measure U1 to support affordable housing. In November 2018 voters approved the passage of Measure P that increased funding for general municipal purposes such as navigation centers, mental health support, rehousing and other services for the homeless, including homeless seniors and youth. Although these are general fund revenues, the City keeps these revenue streams separate.
3 Catastrophic Reserve Fund Balance includes $3.3 million loan to Camps Fund - Tuolumne Camp Project. Reserve Percentage based on the FY 2023 Adopted General Fund Revenues of $258.7 million.

General Fund Reserves Stability
Reserve
Catastrophic
Reserve
Reserve
Percentage
Beginning Cash Balance - 19.45$ 10.28$
FY 2023 Allocation to Reserves 3.03$ 2.48$
Allocation Percentage 55% 45%
Ending Cash Balance - Reserves 22.48$ 12.76$ 13.62%

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

In FY 2021, a separate Measure U1 fund was established for expenditures using these funds with revenues occurring through a transfer of the U1 revenues from the General Fund to the U1 fund. The charts below summarize FY 2022 revenues and expenditures for these measures in the General Fund.

Unfunded Liabilities- Section 115 Trust
Council held a Worksession on April 4, 2017 on the Projections of Future Liabilities - Options to Address Unfunded Liabilities Tied to Employee Benefits. The City’s outside actuary provided options for Council’s consideration to help reduce the City’s unfunded liabilities tied to post-employee benefits including the following recommendations:
 Investing for the long-term to generate more earning to meet long-term funding targets,
 Increase annual contribution by approximately $4.5 million per year and fully pre-fund the plans, and
 Establish an irrevocable supplemental trust for CalPERS to stabilize the increasing employer contribution rates.

On June 26, 2018, Council authorized the City Manager to establish an IRS Section 115 Pension Trust Fund (Trust) to be used to help pre-fund pension obligations. On May 14, 2019, Council authorized the City Manager to execute a contract with Keenan Financial Services to establish, maintain, and invest the pension Section 115 Trust. The Section 115 Trust currently has a balance of $14,762,850.42 as of June 30, 2022.

FY 2022 Beginning U1 Balance 973,695$
FY 2022 Actual Measure U1 Revenues 4,913,872$
FY 2021 Measure U1 Expenditure Transfer (5,887,567)$
FY 2021 Ending Measure U1 Balance - $
Measure U1
FY 2022 Beginning Measure P Balance 17,032,464$
FY 2022 Measure P Revenues 20,591,313$
FY 2022 Measure P Expenditures (13,179,677)$
FY 2022 Encumbrances Restricted (AAO #1) (3,181,552)$
FY 2022 Carryover (AAO #1) (88,566)$
FY 2023 Other Adjustments (AAO #1) (1,660,885)$
FY 2022 Ending Measure P Balance 19,513,097$
Measure P

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

All Funds
On an All Funds basis, the City is projected to finish FY 2022, $134 million (17%) under the adjusted budget of $793.1 million. These fund balances are largely due to uncompleted projects and personnel cost savings. The chart below summarizes unaudited expenditures compared to the budget by department.

Significant All Funds Variances
 Library (+$6,634,823) due in large part to salary savings from vacant positions and supply chain issues delayed completion of purchases for circulation materials, facilities maintenance and Central Library renovation projects for FY2022.
 Information Technology (+$7,082,180) was due to FUND$ Replacement Funds and the IT Cost Allocation Fund not being fully spent in FY 2022.  Health, Housing & Community Services (+$23,521,701):
 Of this amount, $9.2 million in state grant funds designated for specific public and mental health activities, including $6.6 million in Mental Health Services Act funds (Funds 156, 158, 315, and 316). These funds were unspent due to vacancies throughout the Mental Health and Public Health Divisions, including both existing difficult-to-fill positions and new positions budgeted for the full year but not filled until later in the fiscal year.  The next largest cluster of funds are the $5.9 million in federal, state, and local funds designated for affordable housing and homeless activities (Funds 116, 128, 302, 310, 311, 333, and 347). Projects have been identified for virtually all of these funds.

Department FY 2022
Adopted
FY 2022
Adjusted
Year-End
Actuals
Balance
(Adjusted-Actual)
Percent
Expend
edMayor & Council 3,096,559 3,869,210 3,334,707 534,503 86% Auditor 2,805,883 2,923,936 2,691,657 232,279 92%
Rent Board 6,825,535 6,891,959 5,803,127 1,088,832 84%
Police Accountability 1,114,235 1,153,125 808,594 344,531 70% City Manager 13,852,717 21,985,234 18,417,011 3,568,223 84% Library 25,566,341 25,111,400 18,476,577 6,634,823 74%
City Attorney 7,278,096 6,763,728 6,200,455 563,273 92% City Clerk 2,901,739 3,146,059 2,402,277 743,782 76%
Finance 9,431,102 9,866,420 8,738,588 1,127,832 89%
Human Resources 4,438,053 4,810,823 3,574,288 1,236,535 74% Information Technology 20,423,888 23,528,496 16,446,316 7,082,180 70% Health, Housing & Community 84,514,926 115,301,717 91,780,016 23,521,701 80% Parks, Recreation and Waterfront 52,979,556 78,811,600 63,541,966 15,269,634 81% Planning 25,252,729 27,006,519 22,433,636 4,572,883 83% Public Works 147,438,656 201,229,890 140,757,036 60,472,854 70% Police 77,807,443 82,301,504 82,753,749 (452,245) 101%
Fire 60,351,430 62,807,578 58,014,192 4,793,386 92%
Non-Departmental 127,522,399 115,622,410 113,158,492 2,463,918 98% Total 673,601,287 793,131,608 659,332,684 133,798,924 83%

Preliminary FY 2022 Year-End Status ACTION CALENDAR
December 13, 2022

The relatively larger sums combined with lengthy and irregular timing inherent with affordable housing developments mean that expending these funds does not align with the fiscal year timing.
 Other funds include approximately $2.2 million in COVID relief funds (Funds 312 and 336) which support the City’s evolving pandemic response and have been carried over and added in FY 2023.
 Parks Recreation and Waterfront (+$15,269,634) had unspent funds due to personnel savings and unexpended project funds in the Playground Camp Fund, Parks Tax Fund, Measure T1 Fund, and the Marina Fund. Only certain unspent project funds will be carried over to FY 2023.
 Public Works (+$60,472,854) were largely due to the following:
 State Transportation Tax (+$4.2 million): $0.6 million in salary savings and $3.3 million in continuing projects for completion in FY 2023  Measure B – Local Streets & Roads (+$2.5 million): $0.6 million in salary savings and $1.3 million in continuing projects for completion in FY 2023  Measure BB – Local Streets & Roads (+6.9 million): $5.9 million in continuing projects for completion in FY 2023
 Capital Improvement Fund (+$7.3 million): $0.7 million in salary savings and $6.1 million in project fund carryover for transportation, street, facilities project funds in FY 2023
 Measure T1 (+$5.0 million): $4.5 million in continuing projects in FY 2023  Sanitary Sewer (+$9.4 million): $1.5 million in salary savings and $7.3 million in continuing projects in FY 2023
 Equipment Maintenance (+$1 million): $0.8 million in salary savings  Building Maintenance (+$1 million): $0.7 million in salary savings Next Steps
Staff will present second-quarter revenue and expenditure projections as part of the FY 2023 Mid-Year Update in February/March 2023.

ENVIRONMENTAL SUSTAINABILITY
Actions included in the budget will be developed and implemented in a manner that is consistent with the City’s environmental sustainability goals and requirements.

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, City Manager’s Office, 981-7000 Rama Murty, Senior Management Analyst, City Manager’s Office, 981-7000 Henry Oyekanmi, Finance Director, Department of Finance, 981-7300

ATTACHMENT
Attachment 1: General Fund Revenues and Transfers in FY 2022 compared to FY 2021

Attachment 1

General Fund Revenue and Transfer in FY2022 VS FY 2021 Comparison

Notes: (1) This statement is presented on a budgetary basis (i.e., cash). (2) Current vendor no longer breaks out Regular and Booting Parking Fines Collections.

Revenue Categories Adopted Actual Variance % Received Adopted Actual Variance % Received Amount % (a) (b) c=(b) - (a) ( d) = (b)/(a) (e) (f) g=(f) - (e) (h) = (f)/(g) (i) = (b) - (f) (j) = (i)/(f) Secured Property $71,382,000 $71,607,561 $225,561 100.32% $61,165,454 $68,166,155 $7,000,701 111.45% 3,441,406 5.05% R
edemptions -Regular 831,441 759,808 (71,633) 91.38% 534,512 757,854 223,342 141.78% 1,954 0.26% Supplemental Taxes 2,000,000 2,317,723 317,723 115.89% 1,260,000 2,249,517 989,517 178.53% 68,206 3.03% Unsecured Property Taxes 2,625,000 3,472,334 847,334 132.28% 2,250,000 3,448,412 1,198,412 153.26% 23,922 0.69% Property Transfer Tax 21,000,000 42,901,750 21,901,750 204.29% 16,500,000 21,469,955 4,969,955 130.12% 21,431,795 99.82% Property Transfer Tax-Measure P (New December 21, 2018) 8,500,000 20,591,313 12,091,313 242.25% 4,747,414 10,919,576 6,172,162 230.01% 9,671,737 88.57% Sales Taxes 18,287,215 18,928,278 641,063 103.51% 15,786,200 15,792,305 6,105 100.04% 3,135,973 19.86% Soda Taxes 990,210 1,025,800 35,590 103.59% 970,794 953,069 -17,725 98.17% 72,731 7.63% Utility Users Taxes 13,000,000 14,750,065 1,750,065 113.46% 12,750,000 13,892,200 1,142,200 108.96% 857,865 6.18% Transient Occupancy Taxes 2,173,000 5,727,046 3,554,046 263.55% 5,070,000 2,292,480 -2,777,520 45.22% 3,434,566 149.82% Short-term Rentals 630,000 1,295,798 665,798 205.68% 676,260 694,197 17,937 676,260 601,601 86.66% Business License Tax 18,498,146 20,403,974 1,905,828 110.30% 12,984,192 17,809,332 4,825,140 137.16% 2,594,642 14.57% Recreational Cannabis 1,643,739 1,250,792 (392,947) 76.09% 1,300,000 1,712,641 412,641 131.74% (461,849) -26.97% U1 Revenues 5,120,350 4,913,872 (206,478) 95.97% 2,700,000 4,818,740 2,118,740 178.47% 95,132 1.97% Other Taxes 1,761,714 2,430,191 668,477 137.94% 922,048 1,362,227 440,179 147.74% 1,067,964 78.40% Vehicle In-Lieu Taxes 14,959,837 15,006,003 46,166 100.31% 12,421,597 14,380,453 1,958,856 115.77% 625,550 4.35% Parking Fines-Regular Collections 3,726,450 4,765,819 1,039,369 127.89% 5,049,000 3,571,391 -1,477,609 70.73% 1,194,428 33.44% Parking Fines-Booting Collections 0 0 #DIV/0! - #DIV/0! Moving Violations 132,600 156,253 23,653 117.84% 190,000 131,756 -58,244 69.35% 24,497 18.59% Ambulance Fees 3,154,002 3,833,730 679,728 121.55% 5,103,208 3,081,204 -2,022,004 60.38% 752,526 24.42% Interest Income 4,462,320 6,694,
122 2,231,802 150.01% 2,851,200 5,917,722 3,066,522 207.55% 776,400 13.12% Franchise Fees 1,613,283 1,720,056 106,773 106.62% 1,551,696 1,726,470 174,774 111.26% (6,414) -0.37% Other Revenue 6,729,977 7,546,099 816,122 112.13% 6,246,348 10,354,768 4,108,420 165.77% (2,808,669) -27.12% IDC Reimbursement 5,490,000 5,074,695 (415,305) 92.44% 5,490,000 5,345,014 -144,986 97.36% (270,319) -5.06% Transfers 27,354,923 27,354,923 0 100.00% 17,274,293 21,180,762 3,906,469 122.61% 6,174,161 29.15% - 0 -
Total Revenue: $236,066,207 $284,528,005 $48,461,798 120.53% $195,794,216 $232,028,200 $36,233,984 118.51% $52,499,805 22.63%

FY 2022 FY 2021 Comparision FY22 vs FY 21

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

ACTION CALENDAR
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: Amendment: FY 2023 Annual Appropriations Ordinance

RECOMMENDATION
Adopt first reading of an Ordinance amending the FY 2023 Annual Appropriations Ordinance No. 7,828–N.S. for fiscal year 2023 based upon recommended re- appropriation of committed FY 2022 funding and other adjustments authorized since July 1, 2022, in the amount of $176,583,851 (gross) and $170,322,312 (net).

FISCAL IMPACTS OF RECOMMENDATION
On June 28, 2022 the City Council adopted the FY 2023 Budget, authorizing gross appropriations of $754,176,624 and net appropriations of $625,939,999 (net of dual appropriations).

This first amendment to the Annual Appropriations Ordinance totals $176,583,851 (gross) and $170,322,312 (net), increasing the gross appropriations to $930,760,475 and net appropriations to $789,430,801 and represents the re-authorization of funding previously committed in FY 2022 and some new expenditures including new grant fund appropriations. The recommendations in this report also include funding for a number of capital projects. Funding is recommended for the following:

1. Encumbered contract obligations from FY 2022 totaling $110,628,784;

2. Re-appropriating committed, unencumbered FY 2022 funding for all funds in the amount of $42,653,758; and

3. Changes to fund appropriations primarily due to receipt of new grants and use of available fund balances adjustments in the amount of $23,301,309.

The changes to the General Fund totals $20,948,768 which includes encumbrances of $12,162,503, unencumbered carryover requests of $6,351,969, and adjustments of $2,434,297. The Capital Improvement Fund increases by $9,839,894 and includes encumbrances of $3,234,486, unencumbered carryover requests of $6,520,561, and adjustments of $84,847.

Amendment: FY 2023 Annual Appropriations Ordinance ACTION CALENDAR December 13, 2022

BACKGROUND
The Annual Appropriations Ordinance (AAO) establishes the expenditure limits by fund for FY 2023. Throughout the year, the City takes actions that amend the adopted budget. These may include, but are not limited to, the acceptance of new grants, revisions to existing grants, adjustments to adopted expenditure authority due to emergency needs, and transfers in accordance with Council’s fiscal policies.

The adopted budget is also amended annually to reflect the re-appropriation of prior year funds for contractual commitments (i.e. encumbrances) as well as unencumbered carryover of unexpended funds previously authorized for continuation of capital projects, and for one-time, non-recurring purposes. These budget modifications are periodically presented to the Council in the form of an Ordinance amending the Annual Appropriations Ordinance, which formally requires a two-thirds vote of the City Council.

When Council adopts an appropriations ordinance (budget), it is based on projected revenues and expenditures. If fund balances do not support the requested level of expenditures, no carryover is recommended.

The proposed changes, presented in their entirety in Exhibit A, are summarized as follows:

Carryover Process
Departments were asked to submit information regarding the reasons for the unencumbered carryover requests to assist staff in determining which funds should be carried into FY 2023. In prior years, funds have been approved for carryover from one year to the next based on funding availability.

This report recommends approximately $42.65 million in unencumbered carryover for Council review and approval, representing funding for priority projects and programs.

Types of Carryover
FY 2022 Encumbrance Rollovers, totaling $110,628,784 reflect contractual obligations entered into in fiscal year 2022 which had not been paid as of June 30, 2022. Funding for these “encumbered” commitments is brought forward into the current fiscal year to provide for payment of these obligations. The General Fund represents around 11% of the total encumbered rollovers. The FY 2023 Adjusted Budget currently includes the Encumbered
Recommended
Unencumbered
Recommended
Other
Adjustments Total
General Fund (011) 12,162,503$ 6,351,969$ 2,434,297$ 20,948,768$ Capital Improvement Fund (501) 3,234,486$ 6,520,561$ 84,847$ 9,839,894$ All Other Funds 95,231,795$ 29,781,228$ 20,782,166$ 145,795,189$ Total 110,628,784$ 42,653,758$ 23,301,309$ 176,583,851$

Amendment: FY 2023 Annual Appropriations Ordinance ACTION CALENDAR December 13, 2022

carry forward of FY 2022 encumbrances, since the City is obligated to pay for these commitments.

FY 2022 Unencumbered Carryover totals $42,653,468 and reflects the carryover of funding appropriated by the City Council for specific purposes that had not been encumbered by year-end. The carryover for the General Fund represents around 15% of the total recommended unencumbered carryover amount and is for priority projects.

Capital Improvement Fund carryovers are for continuing projects and makes up 15% of the unencumbered carryover. The remaining 70% represents carryover items in non- discretionary funds.

FY 2023 Other Adjustments total $23,301,309 and reflect actions taken by the City Council with the adoption of the FY 2023 budget as well as adjustments required or approved since the budget adoption. Many of these adjustments are within non- discretionary funds and reflect the appropriation of grant funding and the use of available fund balance.

Below is a summary of the FY 2022 Unencumbered Carryover and the FY 2023 Adjustments for the City’s General Fund and Other Funds.

General Fund
The General Fund includes $6,351,969 of recommended unencumbered carryover and $2,434,297 of recommended other adjustments including the following allocations:

Carryover
 $59,259 in the City Manager’s Office for the continuation of Office of Economic Developments programs such as Civic Arts Grant and Arts Festival  $549,465 in Health, Housing & Community Services carryover items include funds for the North Berkeley Senior Center Renovation ($36,646), Environmental Health On-call services ($60,782), African American Holistic Center ($52,037), Health Equity & Innovation District Consultant ($250,000), and Office of Director, Environmental Health, and Public Health program management ($150,000)  $80,529 for Council carryover amount approved through Resolution No. 70,054- N.S.
 $1,960,000 in Non-Departmental to pay for Phase 2 of Civic Center District Visioning, Durant Parklet and Telegraph Plaza Improvements, Berkeley Ceasefire, Pilot Existing Building Electrification Installation Incentives and Just Transition Program
 $371,507 in Parks, Recreation & Waterfront include funding to complete the West Campus Plaster/Filter project, Solano-Peralta Park Improvements, continue the African American Holistic Resource, Willard Park Ambassador, Berkeley Project Day, F-150 Hybrid Pickup, and Measure P for janitorial services  $3,331,209 in Public Works include some of the following items:
o Cameras in Public Right of Way ($1,293,889)
o Old City Hall & Veterans Building Leak repair ($68,030)

Amendment: FY 2023 Annual Appropriations Ordinance ACTION CALENDAR December 13, 2022

o Electric Vehicle (EV) Charging Station project ($300,000)) o T1 PH2 Pathway Repairs/Improvements ($99,897)
o Improve Pedestrian Safety where Sidewalks are not provided ($100,000) o Vision 2050 Implementation ($55,686)
o Equitable Clean Streets ($327,293)
o Dwight and California Intersection Improvement ($84,370) o Bike and Pedestrian Safety Budget referrals ($425,000), o Encampment Cleanup Program with Measure P ($83,000)
o Clean and Livable Commons Initiative ($180,754)
o George Florence Park Traffic Calming ($220,000)
o East Bay Municipal Utility District (EBMUD) Low Income Rebate ($40,674) o PSB Cooling Redundancy Old City Hall & Veterans Building Leak Repair ($30,398)
Other Adjustments
 $173,750 in the City Manager’s Office for the Municipal Resource Group contract ($67,675), Program Manager II position for newly established Special Projects Unit ($142,150), and Aquatic Park Public Art Project – Tile Wall ($35,000)  $1,660,885 in Health, Housing, & Community Services for Measure P Project Homekey balance
 $82,017 for Mayor and Council Annual Salary increase per Measure JJ  $100,000 in Non-Departmental for the Harriet Tubman Terrace Tenant Support  $207,750 in the Police Department for Recruitment and Retention  $209,894 in Public Works for the following items:
o $109,894 for Fire Safety and Prevention to create a connection to the Upper Columbia Pathways
o $100,000 for Claremont/Russell and Claremont/Eton projects Other Funds
Other City funds totals (including capital improvement project funds) $36,323,599 of recommended unencumbered carryover and $20,793,287 of recommended other adjustments. Most of the recommendations consist of funding for capital projects and programming of new grants. Some of the carryover and adjustments in other City funds are:

Carryover
 $600,000 in Climate Equity Action Fund for the Pilot Climate Equity Action program
 $1,784,275 in Playground Camp Fund for the Berkeley Tuolumne Camp project, Tuolumne Master Plan, Echo Lake Camp ADA, and the Cazadero Camp project  $2,678,890 in State Transportation Tax Fund for Public Works street, sidewalk, and traffic calming projects
 $16,578 in Rental Housing Safety Program for cubicle reconfiguration  $322,739 in Measure B – Local Streets and Roads Fund to finish Public Works Engineering and Transportation projects