Berkeley City Council
January 18, 2023

92 7. Any other factor that may have a bearing on the request.

The City supports equal access to housing for persons with disabilities and promotes reasonable accommodations to property owners (see Program 17 -Accessible Housing). Since 2012, the City has received eight requests for reasonable accommodations and all have been approved.

Building Codes
The City of Berkeley is adopting— and enforcing—the 2022 California Building Code (CBC) including local amendments. The City actively enforces CBC provisions that regulate access and adaptability of buildings to acco mmodate persons with disabilities. The City has adopted no local amendments to the CBC which constrain development of housing for persons with disabilities.

4.1.6 PLANNING AND DEVELOP MENT FEES
Cities charge permits fees to recover the costs associated with reviewing and processing applications for development. Cities also charge impact fees, which are intended to mitigate the impact of a development on local facilities or infrastructure. Common examples of impact fees include school fees and utility connection fees.

Berkeley’s planning fee schedule was last updated in May 2022. State law requires that these fees are true cost recovery fees and may not exceed the cost to the City to review and process the permit. As part of fee schedule updates, the City reviews the staff time and other resources necessary to process permits to ensure that fees are set at an appropriate level in compliance with state requirements.

Table 4.9 shows a comparison of planning fees for Berkeley, Fremont, and Richmond. As shown, all three cities are in a similar range for use permit fees. Berkeley’s fees for design review are generally lower than Fremont and Richmond.

Table 4.9: Comparison of Planning Fees for Berkeley, Fremont, and Richmond Permit Type Berkeley Fremont Richmond
Administrative Use Permit $1,840-$5,5206 $4,600 $2,112
Use Permit Tier 1: $5,520
Tier 2: $5,5201
$7,000 A/C2 ($5,000 deposit)
Variance (Tier 1) $3,680 $4,000 A/C2 ($3,500 deposit)
Zone Change/Zoning
Amendment
A/C2 ($9,200 deposit)3 Amendment: $9,360
Rezone: $10,000
A/C2 ($13,000 deposit)
General Plan Amendment A/C2 ($9,200 deposit)3 $16,000 A/C2 ($13,000 deposit) Design Review
Staff Level $1,840-$3,6805, 6 $4,000 $2,376
Design Review Committee $2,760-$5,5205, 6 $20,000 A/C ($4,400-$15,00 deposit)6
Environmental

93 Initial Study/Negative
Declaration
$5,5204 $5,400 30% of consultant contract
cost
Environmental Impact
Report
$9,200
4 $5,400 30% of consultant contract
cost
Sources: City of Berkeley, Land Use Planning Fees, Effective July 1, 2022; City of Fremont, Planning Division, 2022; City of Richmond, Planning Division Fee Schedule, Effective August 20, 2020.

Notes:

1. Base
fee. Staff time in excess of 24 hours charged at rate of $230/hr.

2. A/C
= Actual Cost

3. Excess staff time charged at $230/hr.

4. Or, at City’s discretion, cost of consultant contract plus $200/hr. for staff time for contract management

5. Base fee, excess staff time charged at $230/hr.

6. Where a cost range is given, the cost generally increases as project size/complexity increases based on defined thresholds.

Since some fees are based on project valuation (i.e. building permit fees) and some are charged on a per unit or per square foot basis, it is difficult to generalize the total fees which apply to residential projects. Therefore, Table 4.10 provides a comparison of the ap plicable fees for several recent developments. 2035 Blake was entitled prior to the current affordable housing fee and 1950 Addison provided four very low income units on site and paid a pro-rated in-lieu fee. 2628 Shattuck provided no on-site affordable units and paid the full inclusionary fee amount.

Table 4.10: Fee Comparison for Sample Single -Family, Multi -Family, and Mixed- Use Development Single Family
Residential
Multi-family
Residential
Mixed-Use
Residential
Mixed-Use
Residential
Project Details and Assumptions
Address 455 Vincente 1950 Addison 2628 Shattuck 2035 Blake Certificate of Occupancy Issue Date 10/26/17 10/16/17 7/16/21 BP Issued 8/10/17 Building Permit Valuation $470,000 $16,649,000 $11,106,567 $15,800,000 Sq Ft/unit 2,758 970 703 1020
Units 1 107 89 82
Value per sq. ft. $476.42 $721.52 $996.26 $686.38
Value per unit1 $1,313,974 $700,000 $700,000 $700,000 Full value $1,313,974 $74,900,000 $62,300,000 $57,400,000 Full sq ft (incl. parking)2 2,758 128,308 73,024 106,873 Building Permit Fees
Plan Check and Filing Fees $6,809 $238,170 $162,923 $234,380 Fire & Life Safety / Fire Plan Check
Fees
$726 $25,642 $17,501 $25,510
Traffic Plan Check Fee $864 $102,959 $62,509 $97,440

94 Building, Plumbing, Electrical,
Mechanical Permit Fees
$10,935 $407,176 $266,374 $370,243
State Fees3 $2,570 $90,746 $62,216 $88,488
Zoning Certificate $360 $360 $460 $360
Community Planning Fee $519 $18,316 $12,221 $17,382
Technology Fees $519 $18,934 $13,300 $18,420
Sustainable Development Fee $622 $21,979 $14,665 $20,858 Subtotal $23,924 $924,282 $612,168 $873,081
Planning Fees4
Use Permit $16,780 $19,261 $14,075 $25,939
Design Review - $3,684 $3,734 $4,550
Subtotal $16,780 $22,945 $17,809 $30,489
Impact Fees
Art N/A Provided on site $88,879 $126,400
Affordable Child Care5 N/A N/A N/A N/A
Affordable Housing – Commercial5 N/A N/A N/A N/A
Affordable Housing Mitigation N/A $1,260,000 $2,720,952 $760,000 SOSIP (Downtown only) N/A $231,492 N/A $189,673
Schools N/A $361,252 $218,822 $218,822
Sewer Connection Fee $3,536 $193,117 $191,590 $182,911
Subtotal $3,536 $3,305,861 $5,941,195 $2,237,807
Total Project Fees $44,240 $4,230,143 $6,553,363 $3,110,888 Total Fees Per Unit $44,240 $39,534 $73,633 $37,937
Source: City of Berkeley, Building and Safety Division, 2022 Notes:

1. For SF: Z
illow Spring 2021 median home price. For MF, based on following analysis: City of Berkeley, City Council Report (April 27, 2021 – Item
31), Attachment 1: Street Level Advisors, “Estimating the Need for Housing Subsidy for the Ashby and North Berkeley BART Stations”.

2. Assume 350 sq. ft. per parking space.

3. State of California fees include: Title 24: Energy Fee; Title 24: Disabled Access Fee; SMIP Fee; and, Building Standards Fee.

4. Fees associated with environmental review were not included because infill housing is often exempt from CEQA.

5. The Affordable Child Care and Affordable Housing – Commercial fees apply to commercial development, including the commercial component of mixed-use developments. However, the threshold for these fees is net new commercial square footage of 7,500 sq. ft. or more. Neither mixed use project included in the Table meets this threshold; therefore, the fee does not apply.

Impact Fees

95 The City of Berkeley charges several impact fees to ensure that new residential development pays its fair share of funding for its impact to the City’s services, facilities, and infrastructure. Residential development in Berkeley is subject to the following impact fees:

1. Public Art. Public art requirements apply to multifamily residential projects of five or more dwelling units. Projects must include on-site publicly accessible art valued at 1.75 percent of the construction cost. Alternatively, applicants can pay an in-lieu fee equal to 0.80 percent of the construction cost. Projects where at least 60 percent of units are affordable are exempt from public art requirements.

2. Street, Open Space and Improvement Plan (SOSIP) Fee. The SOSIP fee applies to the Downtown area only and is intended to ensure that new development contributes to the street and open space needs and demands of additional residents and businesses. The fee applies to all development greater than 1,000 square feet and is calculated at $2.23 per square foot of new residential use.

3. Affordable Housing Mitigation Fee (AHMF). As previously discussed, projects can reduce or eliminate their AHMF obligation by providing up to 20 percent affordable units within the project.

In addition to the fees listed above, Berkeley has an Affordable Child Care fee and Affordable Housing Linkage fee which apply to commercial development. These fees also apply to the commercial portions for mixed-use projects.

As part of ongoing efforts to improve and consolidate the City’s affordable housing requirements, amendments to impose on- site affordable housing requirements with an in- lieu fee alternative (rather than a mitigation fee) are proposed for both rental and ownership projects. Additionally, changing the fee from a per unit basis to a per square foot basis is proposed. See also HP -3 Citywide Affordable Housing Requirements. This proposal is supported by a 2019 fee comparison analysis conducted by Street Level Advisors, which compared fees amongst Berkeley and a number of other jurisdictions. The study also compared Berkeley’s fees as they applied to various housing products (i.e., microunit projects versus large units). One notable finding was that projects consisting of higher density microunits were paying a signi ficantly higher proportion of total construction costs in fees when compared to a lower density project with the same square footage. Changing the affordable housing in-lieu fee to a per square foot fee basis should help to address this issue. Initially, the fee is proposed to be set at $45 per gross residential square foot and would be adjusted annually based on change to an established index, such as the California Construction Cost Index. This change is anticipated to be considered by the City Council for adoption in Summer 2022.

In addition to City fees, fees are charged by outside agencies that provide services within Berkeley, including school fees charged by the Berkeley Unified School District and sewer connection fees charged by the East Bay Municipal Utility District. The City of Berkeley does not have control over the fees charged by outside agencies.

4.1.7 BUILDING CODES AND E NFORCEMENT
The City of Berkeley’s Building and Safety and Code Enforcement Divisions is adopting the 2022 California Building Standards Code together with local amendments with an effective date of January 1, 2023. When development plans are submitted for plan check, they are reviewed by the Building

96 and Safety Division for compliance with the CBC. Inspections at various milestones throughout project construction ensure that the project is built according to the approved plans.

The City has adopted several local amendments to the CBC. Most notably, the City has incorporated additional restrictions for structures within the City’s designated fire hazard zones, including limitations on roofing materials, requirements for spark arrestors on appliances using solid fuel, and undergrounding of utilities. While these requirements may add to the cost of construction of residential units, they are necessary to help mitigate the risk of damage by wildfire in these areas.

Building code enforcement is handled primarily on a complaint -basis by building inspectors; neighborhood complaints are handled by the City’s Code Enforcement staff. In addition, housing inspectors respond to housing code complaints initiated by Berkeley tenants or by other City programs; however, if substandard conditions pose an immediate threat to the health and safety of the tenant, they are referred to the City's Building Official for immediate follow up. City policy is to resolve residential code violations without displacing residents whenever possible; however, when tenants must move, the Municipal Code requires the owner to provide relocation assistance.

In accordance with State law, the City also enforces statutory and code restrictions related to Fire Protection Plans and vegetation management.

4.1.8 DEVELOPMENT REVIEW T RANSPARENCY
The City of Berkeley strives to be transparent in its development review process by providing as much information as possible related to the City’s regulations, processes, procedures, and fees on the City website. The Municipal Code (including Zoning Ordinance), application forms, fee schedules, and other information are all readily available for viewing on the website.

The City uses the Accela permitting system, which facilitates not only internal routing and plan check review, but also has an externally facing Accela Citizen Access (ACA) portal where applicants can submit online and community members can search for project status and download project materials and correspondences. The City's Building Eye interactive mapping page links to Accela building and planning permit data to show the spatial location of recent projects.

Table 4.11: Development Information Provided on Berkeley's Website Information Link
General Plan https://berkeleyca.gov/your-government/our-work/adopted-plans/general-plan Zoning Ordinance https://berkeley.municipal.codes/BMC/23 Zoning Map https://berkeleyca.gov/city-services/community-gis- portal?config=config_PlanningandProperty.json
Forms / Applications https://berkeleyca.gov/construction-development/permits-design-parameters/permit- types/permit-forms
Planning Fee Schedule https://berkeleyca.gov/sites/default/files/2022- 02/Fee%20Schedule%20Residential%202013.pdf
Other Adopted Plans https://berkeleyca.gov/construction-development/land-use-development/general-plan-and- area-plans

97 Accela Citizen Access https://aca.cityofberkeley.info/CitizenAccess/Welcome.aspx Building Eye https://berkeley.buildingeye.com/

4.1.9 ON - AND OFF - SITE IMP ROVEMENTS
Berkeley is a highly urbanized community where most on- and off-site improvements are already in place, such as sewer, water, and utility lines. Typical on- and off-site improvements which may be required for new development on infill sites include improvements to the adjacent traffic signals and sidewalks and sanitary sewer and storm water connections. In cases where water or wastewater infrastructure may need to be enlarged or repaired to accommodate new construction, developers are responsible for paying the direct costs of improvements. Although requirements for on- and off- site improvements do add to the overall cost of development, they are necessary to ensure provision of vital infrastructure services to residents. Based on the recent proposals submitted and entitled citywide for a range of housing types —see Figure 5.1: Residential Development – Entitlements and Buildings Permits (2018-2021)—the City’s site impro vement requirements do not create an undue constraint on development.

4.2 NON- GOVERNMENTAL CON STRAINTS
Non-governmental constraints include those caused by market conditions, environmental hazards and limitations, and infrastructure operated by outside agencies.

4.2.1 INFRASTRUCTURE CONST RAINTS
The availability of infrastructure and services to meet new demands created by new residential development is another potential constraint to housing development. Although Berkeley is highly urbanized with most of the necessary infrastructure in place, increases in demand along with capacity and supply factors are monitored and analyzed to ensure adequate provision of services in the future.

The East Bay Municipal Utility District (EBMUD) provides water and wastewater treatment for all properties located within Berkeley. The primary water source for the EBMUD water system is the Mokelumne River and the Mokelumne Aqueduct conveys this water to local storage and treatment facilities in the EBMUD service area. EBMUD completed development of a revised Water Supply Management Program (WSMP) 2040 in April 2012
4, which is the District’s plan for providing water
to its customers through 2040. According to the WSMP, EBMUD’s water supplies are estimated to be sufficient during the planning period (2010- 2040) in normal and single dry years. The WSMP 2040 emphasizes maximum conservation and recycling, with a total of 50 mgd of future supply to be

4 East Bay Municipal Utility District, Water Supply Management Program 2040. https://www.ebmud.com/water/about- your-water/water-supply/water-supply-management-program-2040

98 provided from those two strategies. EBMUD’s Urban Water Management Plan 2020 (UWMP) 5 concludes that EBMUD has, and will have, adequate water supplies to serve existing and projected demand during normal years, and may require significant customer water use reductions and supplementing supplies—which are in the planning phases — during multi-year droughts. While the number of accounts within EBMUD’s service area has increased steadily since 1970, the average daily water demand remains relatively stable outside of drought periods, and dropped significantly due to rationing during drought periods.

In addition, EBMUD’s 2020 Water Shortage Contingency Plan6 provides an analysis of water demand, including water supplies for fire suppression, and supplies over the next 30 years. While the analysis is for EBMUD’s entire service area and does not provide a breakdown for the City of Berkeley, it provides helpful information on the availability of water through the 2023 -2031 planning period.

According to the Plan, water demand for the service area was 181 million gallons per day (MGD) in 2020. The total proj ected demand for EBMUD’s service area is 190 MGD in 2030 and 194 MGD in 2035. Based on the Base Condition Scenario analyzed, EBMUD will have sufficient supply to meet demand over this time period.

For wastewater treatment, Berkeley is within EBMUD’s Special District No. 1 and is served by EBMUD’s largest wastewater treatment plant which is located in Oakland. According to EBMUD’s 2020 Urban Water Management Plan
7, wastewater treatment demand for Special District No. 1 is projected to be 56 MGD in 2030 and 58 MGD in 2035, well below the treatment plant’s capacity of 168 MGD. Development under the proposed Housing Element period is estimated to generate 765,688 gallons of wastewater per day. This will be within the remaining capacity of EBMUD’s Main Wastewater Treatment Plant (MWWTP) and therefore the plant’s existing wastewater treatment capacity would be sufficient to accommodate the anticipated residential development.

While adequate water supply and wastewater treatment capacity is available for the 2023 -2031 planning cycle, SB 1087 (2006) further prioritizes the development of affordable housing by requiring service providers to grant priority to development that includes housing affordable to lower income households.

Pacific Gas & Electric (PG&E) provides electrical and gas service for the City. New construction in Berkeley is required to be designed without natural gas infrastructure per the City’s Natural Gas Prohibition adopted in 2019. As of Jan 1, 2020, the State of California began requiring solar on newly constructed low-rise residential buildings (single family homes, duplexes, and townhouses of 3 stories or less, including ADUs) through the 2019 California Building Standards Energy Code (also known as the Energy Code or Title 24, Part 6).

5 East Bay Municipal Utility District, Urban Water Management Plan 2020. https://www.ebmud.com/water/about-your- water/water-supply/urban-water-management-plan
6 East Bay Municipal Utility District, Water Shortage Contingency Plan 2020. https://www.ebmud.com/water/about- your-water/water-supply/urban-water-management-plan/
7 East Bay Municipal Utility District, Urban Water Management Plan 2020. https://www.ebmud.com/water/about-your- water/water-supply/urban-water-management-plan/

99 In addition, Berkeley adopted local amendments (also known as a reach code) to the Energy Code which requires the installation of solar PV systems on the “solar ready zone” required by the Energy Code. As a result, Berkeley also currently requires solar PV systems o n newly constructed hotel/motels and high -rise multifamily buildings with 10 habitable stories or fewer, and nonresidential buildings with 3 habitable stories or fewer. These requirements also have exceptions as described in Title 24, Part 6, Section 110.10. Berkeley’s adoption of these solar PV system requirements is in the reach code, Berkeley Energy Code, BMC Chapter 19.36.

Building codes are updated every three years, with increasing energy efficiency requirements. The 2022 Energy Code will expand solar and introduce battery storage standards to new high- rise multifamily (apartments and condos).

4.2.2 ENVIRONMENTAL CONSTR AINTS
Geologists warn repeatedly of the high risk of a major earthquake in the San Francisco Bay Area, including the northern section of the Hayward Fault that runs through the Berkeley Hills east of the University of California. The effects of a strong earthquake along any portion of the Hayward fault would severely affect the area. The Housing Element includes policies and programs to mitig ate the risk of damage to existing units (see Seismic Preparedness Programs). The Berkeley Hillside area is the most vulnerable to seismic impacts and landslides. However, no multifamily development is currently permitted in this area and the amount of vacant land is limited; therefore, seismic hazards are not a significant constraint to development in the Hillside area. In addition, portions of the ground along Berkeley’s western edge, including west of the railroad tracks, could liquefy in a major quake.

Additionally, all new development, including single family and multifamily units, are subject to the stringent requirements of the CBC related to seismic safety.

Some areas of the City (near the waterfront and near Codornices Creek) are within the 100 -year floodplain. Chapter 17.12 of the Berkeley Municipal Code contains the City’s Flood Zone Development Ordinance, which complies with FEMA flood plain management requirements. None of the areas within the 100 -year floodplain are zoned for high density residential development; therefore, flooding is not a significant constraint to residential development in the City.

Fires are a significant threat in the wildland urban interface (WUI) in the hillside communities along the City’s eastern border. The City has implemented a comprehensive strategy 8 to mitigate Berkeley’s
WUI fire hazard, which includes annual property inspections, more restrictive local building code amendments, vegetation management and defensible space, improvement of access and evacuation routes, and infrastructure improvements to support firefighting efforts.

Two areas of the City have particular environmental or physical constraints which make them unfeasible for new housing development. The waterfront area west of Interstate 80 has been designated for open space and low -density waterfront-oriented commercial development. Housing

8 City of Berkeley, 2019 Local Hazard Mitigation Plan. https://berkeleyca.gov/safety-health/disaster-preparedness/local- hazard-mitigation-plan

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development is not environmentally feasible in this area due to a combination of environmental sensitivity and seismic/soil stability problems in an area composed mostly of landfill materials.

The Panoramic Hill area, designated as the Environmental Safety- Residential District (ES -R) on the Zoning Map, has significant constraints due to its proximity to the Hayward Fault and vegetated wildlands, limited vehicular access, inadequate water pressure, and steep slopes. After a two -year moratorium on construction, in 2010 the City passed an ordinance prohibiting any new residential units in this district until the City Council has adopted a specific plan in compliance with all applicable law that shows the proposed distribution, location, a nd extent of land uses in the ES -R zone and the location and extent of the public facilities and services required to serve the land uses described in the Panoramic Hill Specific Plan (the Plan). There is no specified timeline for development of the Plan.

However, there are only 14 vacant lots affected by the building prohibition, a negligible percentage of housing production opportunities citywide.

The City of Berkeley is a highly urbanized community. The majority of sites included in the Housing Element sites inventory are infill sites. Existing uses on site are also consistent with the trend of redevelopment into residential and mixed use projects. In selecting sites to be included in the inventory, locations with site design constraints such as irregula r shapes or utility easements were eliminated, or only included if opportunities for lot consolidation exist to create a buildable site.

No major environmental conditions that would preclude redevelopment were identified. As mentioned earlier, all residential development and retrofits, including identified sites, within existing seismic zones would be required to meet the stringent seismic building codes. In addition, the City implements, and supports, a number of programs to address seismic preparedness (see Program 22 -Seismic Safety and Preparedness Programs).

In addition, redevelopment of gas stations into other uses has proven to be a trend as fuel efficiency and prevalence of electric/hybrid vehicles has continued to impact the financial viability of older gas stations. One example is 2176 Kittridge Street, which received its entitlement in 2020 and is currently under construction to redevelop, in part, a one -story former gas station, carwash, and convenience store into a mixed use building with 165 units. Another example is 3000 Shattuck, also an existing gas station and smog inspection site, where the City received an expanded permit application in 2022 to increase from the previous 2017 entitlement for 23 units t o a mixed -use building with 156 new units utilizing a 50% State Density Bonus. The need for remediation does not usually constrain their redevelopment.

4.2.3 MARKET CONSTRAINTS
Cost and Availability of Land
The cost of land is a significant contributor to the overall cost of housing. Land values fluctuate with market conditions and have generally been increasing since the Great Recession, and substantially increasing since 2012. The City of Berkeley has little vacant land, particularly land that is appropriate for higher density development. An informal survey of vacant land listed for sale on Zillow and Loopnet in January 2022 found three vacant lots for sale within hillside areas of east Berkeley at a price per square foot ranging between $30 to $40. Due to the physical constraints of this area, these

101

lots would not be appropriate for multi-family development. Vacant lots within higher density areas of the City are very rare and are sometimes advertised with approved entitlements, adding to their list price. The majority of sites in areas zoned for high density development are infill sites that may have existing structures, further adding to the cost of development. For example, one 0.24 -acre lot with an existing triplex is entitled for 11 condominium units and listed for $190 per square foot (1915 Berryman St.). Another listing for a 0.3 -acre vacant lot indicates that it is in the entitlement process for 66-units and has a list price of $420 per square foot (1201 San Pablo Ave.). As shown in Appendix C: Sites Inventory, lot consolidation and infill small lot development at high density is the primary strategy for housing development.

The cost per square foot of land varies greatly in the City and lots located in denser areas, with more development potential, can cost significantly more. However, the per -unit land cost is directly impacted by density. Higher density allows the cost of land to be spread across more units and ultimately reduces the per unit cost. While land costs are high, the densities permitted in the City’s high density residential and commercial districts allow a developer to distribute this cost amongst a greater number of units.

Construction Costs
The cost of construction, including labor and materials, has a significant impact on the overall cost of new housing units and can be a significant constraint to development. According to a report by the Terner Center for Housing Innovation
9, construction costs for apartment buildings in the Bay Area are the highest in the State and have increased more dramatically than costs statewide. Construction costs in the Bay Area increased 119 percent between 2008 and 2018, compared to an increase of 25 percent statewide. According to the Report, construction costs for apartment buildings in the Bay Area averaged $380 per square foot in 2018, compared to about $225 per square foot statewide.

Higher wages for construction related jobs in the Bay Area, along with a lack of construction workers that can afford to live in the region due to the high cost of living, may contribute to higher costs in the region.

The Terner Center Report also found that construction costs are an average of $48 per square foot higher for affordable housing projects, when compared to mixed affordability and market rate projects, likely due to prevailing wage, local hire, and other requirements.

Timing
Many factors outside of the local jurisdiction’s control can constrain the timing between project approval and when the developer requests building permits. Potential reasons for a delay between these milestones include inability to secure financing for construction or availability of design professionals to complete construction documents or make corrections. For projects with two or

9 Raetz, H., Forscher, T., Kneebone, E., & Reid, C. (2020). (rep.). The Hard Costs of Construction: Recent Trends in Labor and Materials Costs for Apartment Buildings in California. Berkeley, CA: University of California.

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more units approved over the previous planning cycle, the average time between project entitlement and building permit issuance was 604 days. For larger projects, the average is about three years.

Based on this average time lapse, the City’s strategy for meeting its Regional Housing Needs Assessment (RHNA) assumes only projects entitled since 2018 would proceed to issuing building permits (see Appendix C: Sites Inventory). Older entitlements are likely to require resubmittal sometime in the future with product types that would more appropriately reflect the current market conditions. Monitoring measures will be put into place to assess development progress throughout the 6
th cycle – see Program 36 -Adequate Sites for RHNA and Monitoring.

Density
In some regions, market factors such as the demand for a single -family product or larger high -end condominiums can lead to properties being developed below the maximum allowable density.

However, due to high land and construction costs in Berkeley, paired with 20 percent inclusionary requirements, projects are typically developed at high densities and density bonuses are common.

As mentioned previously, over 55 percent of applications under review and 85 percent of anticipated pipeline (pre -application) pro jects currently utilize State Density Bonus. In addition, none of Berkeley’s higher density residential districts (R-3, R-4, R-5, R-S, R-SMU) have a maximum density standard. Only one commercial district has a maximum density standard : C- AC has maximum densities of 120 to 250 units per acre depending on affordability levels.

Developments are largely regulated by form, which ensures that density itself is not a constraint to development. Actual base densities (subtracting out density bonus units) from projects entitled in the current planning period (2015- 2023) largely exceeded the density assumptions made in the 5 th
cycle RHNA by zoning district. For example, in the Downtown Plan Area (C -DMU zone), Southside Plan Area (C-T, R-SMU), and Commercial Corridors (C-SA, C-C, C-U, C-W), the average base densities of actual projects were all higher than assumed in the 5th cycle.

Where actual development trends demonstrated a lower density than previously assumed, primarily in neighborhood commercial districts ( C-N, C-E, C-NS, C-SO), the 6th cycle Housing Element reduces the assumed density to reflect a lower realistic yield. Sites in the neighborhood commercial districts are typically smaller and under separate ownership, and therefore more constrained. In addition, projects in neighborhood commercial districts are typically infill or smaller additions to existing structures, which would characteristically yield a lower density.

For projects located in high density residential and commercial zones entitled over the previous planning cycle, the average density was 183 units per acre. As mentioned in Section 4.1.2 Zoning Ordinance (Cumulative Impact), commonly requested waivers and/or concessions include height and setbacks. As a result, t he City is in the process of creating multi -unit objective development standards and proposing minimum density standard to ensure adequate baseline capacity to meet RHNA targets and achieve Housing Element compliance ( Program 33 - Zoning Code Amendment:

Residential). The City is also evaluating zoning and development standards to accommodate housing capacity and growth on transit and commercial corridors, particularly in the highest resource neighborhoods ( Program 27 - Priority Development Areas (PDAs), Commercial and Transit Corridors).

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Availability of Financing
The City of Berkeley does not vary greatly from other communities with regard to the availability of home financing. The Great Recession and impacts to the housing and mortgage industry had the effect of limiting the availability for real estate loans and increasing the rate of foreclosure for some time.

At present, mortgages are generally available for qualified buyers. Table 4.12 provides information on home mortgage applications for the Oakland -Berkeley-Livermore MSA. In 2020, 69 percent of purchase loan applications were approved and 10 percent were denied. The denial rate was hi ghest for home improvement loans at 33 percent.

In a housing market such as Berkeley’s, the down payment requirement may be a greater obstacle to homeownership for many households. With condominium values over $900,000 in Berkeley, a household would need to save $90,000 to provide a 10 percent down payment.

Table 4.12: Home Mortgage Application Data for the Oakland- Berkeley -Livermore MSA/MD (2020) Loan Type
Total
Applications
Percent
Approved
Percent Denied % Withdrawn/
Incomplete
Conventional Purchase 253,916 69% 10% 20%
Government Backed Purchase 18,190 62% 12% 26%
Home Improvement 8,890 51% 33% 16%
Refinance 165,588 69% 9% 22%
Total 446,584 69% 10% 21%
Source: www.ffiec.gov, Home Mortgage Disclosure Act (HMDA) data for Oakland-Berkeley-Livermore MSA/MD, 2020.

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5 HOUSING RESOURCES
This chapter summarizes the sites inventory and strategies to meet the RHNA and the City's state policies, including housing programs and measurable actions for implementation.

5.1 SUMMARY OF LAND AVAI LABLE FOR HOUSING

5.1.1 REGIONAL HOUSING NEE DS ALLOCATION
The Regional Housing Needs Allocation (RHNA) is a key tool for local governments to plan for anticipated growth. The RHNA quantifies the anticipated need for housing within each jurisd iction for the eight-year period. Communities then determine how they will address this need through the process of updating the Housing Element of the General Plan.

Under state law, regional councils of governments are required to develop housing needs p lans for use by local governments in their Housing Element updates. The regional housing needs analysis is derived from the statewide growth forecast, which is then allocated to regions, counties, and cities.

The statewide determination is based on population projections produced by the California Department of Finance and the application of specific adjustments to determine the total amount of housing needs for the region. The adjustments are a result of recent legislation that sought to incorporate an estimate of existing housing need by requiring the State Department of Housing and Community Development (HCD) to apply factors related to a target vacancy rate, the rate of overcrowding, and the share of cost-burdened households. The new laws governing the methodology for how HCD calculates the RHND resulted in a significantly higher number of housing units for which the Bay Area must plan compared to previous RHNA cycles. The RHNA for Bay Area jurisdictions was adopted by the Association of Bay Area Governments (ABAG) in December 2021.

The 6th cycle Housing Element for the ABAG region covers an eight -year planning period from January 31, 2023 through January 31, 2031. However, the RHNA uses June 30, 2022 as the baseline for projection. Specifically, the RHNA projection covers from June 30, 2022 through December 15, 2030, an 8.5 -year period. For the purpose of assessing adequate sites for RHNA, state law allows jurisdictions to credit units approved, entitled, permitted, and under construction, that are not expected to become available (“finaled”) until after June 30, 2022. For the purpose of reporting accomplishments in the Housing Element APR, only permitted units are credited as RHNA accomplishments.

For the 2023-2031 Housing Element, ABAG has assigned the City of Berkeley a RHNA of 8,934 units.

This RHNA is divided into four income categories. The sections below assess the City’s progress and strategies toward meeting its RHNA. Detailed information is provided in Appendix C to the Housing Element.

Table 5.1: City of Berkeley RHNA for 2023 -2031
Berkeley Extremely /Very
Low
Low Moderate Above Moderate Total

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RHNA 2,446 1,408 1,416 3,664 8,934
% Total 27.4% 15.8% 15.8% 41.0% 100.0%
The RHNA does not include the extremely low category. It is estimated to be ½ of the very-low-income need, per Government Code §65583.a.1. The total very-low-income RHNA is 2,446; therefore, 1,223 units are designated as extremely-low-income and 1,223 units are designated as very-low-income. However, the sites inventory purposes, no separate accounting is required for the extremely low income category.

Source: ABAG 6th Cycle Final RHNA Allocation Plan, adopted December 2021. Note, ABAG’s methodology for calcula ting the Regional Housing Need Determination (region-wid
e) included a population adjustment of -169,755 total persons to reflect the Department of Finance projections for persons in dormitories, group homes, institutes, military, etc. that do not require residential housing.

5.1.2 PROJECTED ACCESSORY DWELLING UNITS (ADUS )
Pursuant to State law, the City may credit potential ADUs to the RHNA requirements by using the trends in ADU construction to estimate new production. Between 2018 and 2021, the City issued 419 building permits ADUs with an average of 105 ADUs per year over this period. Specifically, ADU permit activities accelerated significantly within the last two years.

Figure 5.1 shows approved entitlements and building permits in the City from 2018 to 2021, including ADUs in high resource areas, of which 17 percent of ADU permits were in the Hillside Overlay zone. Of the 419 ADU permits, only one project within the Hillside Overlay (0.2 percent of all ADUs permitted) contained both an ADU and a JADU. In addition, there is no specific prohibition of ADUs in the ES -R district. In 2008, in consideration of urgent life safety issues, the City of Berkeley established that no new dwelling unit of any kind may be established in the ES-R until the City adopts a new specific plan for the area that addresses issues including emergency access, routes of egress, geologic risks, and other risk factors related to the na tural environment and public infrastructure (BMC section 23.202.070).

In February 2022, the City revised its ADU ordinance to limit the number of units allowed per lot in the Hillside Overlay District to one ADU or JADU to balance the construction of accessory units with regulating based on the “adequacy of water and sewer service, and the impacts of traffic flow and public safety.” (Gov. Code 65852.2) The City will be reassessing its vulnerabilities with a 2024 update to the Local Hazard Mitigation Plan and as part of a comprehensive Safety, Land Use, and Environmental Justice Element update in 2026 (see Program 27 -Priority Development Areas (PDAs), Commercial and Transit Corridors).

Assuming this trend continues, with a 28.5 percent reduction to conservatively account for the City’s revised 2022 ADU ordinance in the Hillside Overlay District, the City expects to produce around 75 ADUs per year or 6 00 ADUs over the eight -year planning period. Based on the ADU rent survey conducted by ABAG, the affordability distribution of ADUs in the region is: 30 percent very low income; 30 percent low income; 30 percent moderate income; and 10 percent above moderate income. Therefore, the 600 ADUs projected for January 2023 through January 2031 can be allocated toward the RHNA as follows: 180 very low income; 180 low income; 180 moderate income; and 6 0 above moderate income.

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Figure 5.1: Residential Development – Entitlements and Buildings Permits (2018 -2021)

5.1.3 BART STATION SITES
The City of Berkeley is working collaboratively with the Bay Area Rapid Transit District (BART) to convert surface parking lots at two of the City’s three BART stations (Ashby and North Berkeley) into transit-oriented development. The City and BART have signed an MOU on the potential development of these lots and the entities are actively working together to release RFQs for private developers for each station. The BART station RFQ for North Berkeley has been issued and interviews of five developers is underway in October 2022. The Ashby station RFQ will be issued in 2023 when additional development parameters have been defined.

BART’s development of these parcels is permitted under AB 2923, which allows BART to enable TOD through land -use zoning on BART -owned property in collaboration with local jurisdictions. Each station can accommodate up to 1,200 units and the expectation is that 35 percent of these units will be affordable and the Very Low and Low income categories. The mechanism holding these units affordable is the City’s financing and the Memorandum of Agreement (MOA) between the City and BART approved in June 2022. The MOA includes specific requirements about affordability of the future housing units. See also Program 4 -Housing Trust Fund and Program 28 -BART Station Area Planning. This Housing Element takes a more conservative approach in its estimate for what is

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expected to be constructed during the eight -year planning period and assumes 600 units at each station (Table 5.2: BART Station Sites).

Table 5.2: BART Station Sites
Station Extremely
/Very Low
Low Moderate Above
Moderate
Total
North Berkeley 105 105 0 390 600
Ashby 105 105 0 390 600
Total 210 210 0 780 1,200

5.1.4 LIKELY SITES
While the 6th cycle Housing Element planning period covers from January 31, 2023, through January 31, 2031, the RHNA projection period begins June 30, 2022. Housing units that have been entitled for construction but do not receive a Certificate of Occupancy until after June 30, 2022 can be credited towards the 6th cycle RHNA. In total, the City has approved 2, 101 units (133 very low, 1 66 low, 9 moderate, and 1,793 above-moderate) since 2018 that are expected to be constructed during the 6th Cycle planning period.

The affordability of the units was determined based on the affordability specified on the project proposal as approved by the City. See Appendix C: Sites Inventory for a list of these projects. Of the 2,101 units in the 48 Likely Sites, 13 sites are reused from the 5 th Cycle, accounting for a total of 866
anticipated units (79 very low, 33 low, 9 moderate, 745 above moderate).

The City conducted an analysis of 47 permitted projects between 2018 and 2021 and found the average time between entitlement and permit issuance to be approximately three years to accommodate the preparation of construction documents and time needed for securing financing for higher density residential and mixed-use projects.

5.1.5 REMAINING RHNA
Accounting for projected ADUs, units a t the Ashby and North Berkeley BART stations, and entitled projects, the City has a remaining RHNA of 5,0 33 units (1,923 very low income; 85 2 low income; 1,227 moderate income; and 1, 031 above moderate income units). The City must identify adequate sites capacity for this remaining RHNA.

Table 5.3: Remaining RHNA
Station Extremely /
Very Low
Low Moderate Above
Moderate
Total
RHNA 2,446 1,408 1,416 3,664 8,934
Projected ADUs 180 180 180 60 600
BART Station Sites 210 210 0 780 1,200
Entitled Projects since 2018 133 166 9 1,793 2,101

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Subtotal 523 556 189 2,633 3,901
Remaining RHNA 1,923 852 1,227 1,031 5,033

5.1.6 AVAILABILITY OF LAND TO ADDRESS REMAININ G RHNA
Government Code Section 65583.2(c) requires that local jurisdictions determine their realistic capacity for new housing growth by means of a parcel -level analysis of land resources with the potential to accommodate residential uses. The analysis of potential to accommodate new housing growth considered physical and regulatory constraints, including lot area and configuration, environmental factors (e.g., slope, sensitive habitat, flood risk), allowable density, existing density, building age, and improvement-to- land ratio among others. In addition, parcels owned by the University of California were not included since college and university student housing may be considered noninstitutional group quarters and not a housing unit for purposes of meeting RHNA, particularly facilities that are not available for rent to non-students.

Prepared with the Infill -First strategy in mind, the housing sites inventory for the 2023- 2031 planning period demonstrates that new housing growth in the City of Berkeley over this eight -year period will largely conform to these patterns. The 6th Cycle Sites Inventory is made up of two types of sites:
• Pipeline Sites. These pending projects include applications submitted for entitlement or building permit and are currently under review. Pipeline sites also include anticipated projects based on pre-application submittals (“pre-app”) and expressed developer interest. Affordability levels reflect proposed project plans to the extent they are known; where affordability levels are unknown at this time, all units have been placed in the above moderate income category. • Opportunity Sites. Include vacant or underutilized sites with near-term potential for residential or mixed-use development, including some sites used in the 5 th cycle Housing
Element but remain available for development.

Full lists of the sites are available in Appendix C, in Table C -6: Pipeline Sites -Applications Under Review or Anticipated and Table C-10: Opportunity Sites-No Rezone Required The housing sites inventory includes both vacant and nonvacant (underutilized) land with the potential for additional housing during the 6th Housing Element cycle. The analysis of nonvacant properties included only those properties with realistic potential for additional development or “recycling”, in light of:
• Existing uses on the site;
• Prevailing market conditions;
• Recent development trends over the past decade;
• Expressed interests in housing development from property owners or developers; and • Regulatory and/or other incentives to encourage recycling or intensification of existing development.

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The sites inventory assumes that sites between 0.35 acres and 10 acres whose zoning allows 30 units per acre or more are feasible for lower income units. T he City of Berkeley has smaller parcel sizes compared to other jurisdictions and affordable housing projects have been developed on sites smaller than 0.5 acre. Appendix C, Table C -8: Affordable Housing Projects on Sites Smaller than 0.5 acre lists some of the affordable housing projects that are on sites smaller than 0.5 acre. Specifically, these projects average to a small lot size of only 0.25 acre. As a conservative assumption, only parcels or sites (groups of parcels with common ownership) that are larger than 0.35 acre are considered adequately sized for lower income housing.

Based on the 2002 General Plan, plans adopted since 20 02, objective criteria, and local knowledge used to identify available sites with near -term development potential pursuant to State adequate sites standards, combined with units from pending projects, the City’s sites inventory offers capacity for approximately 11,100 units, excluding the two BART sites . This capacity can fully accommodate the City’s remaining RHNA of 5,033 units for the 6th cycle without rezoning. Importantly, this excess capacity means the City is also able to satisfy the needs of different income categories, as more fully discussed below.

The City estimated development potential for opportunity sites by calculating the average baseline density (without density bonus) achieved for recently approved, under construction, or completed mixed-use and residential projects by zoning district. A detailed sites inventory and explanation of the methodology and assumptions for estimating the development capacity is provided in Appendix C.

Table 5.4: Summary of 6th Cycle Opportunity Sites to Accommodate Remaining RHNA Project Status
Units by Income Category
Extremely /
Very Low
Low Moderate Above
Moderate
Total
Pipeline Sites: Applications under
Review
84 29 11 1,424 1,548
Pipeline Sites: Anticipated
Applications (pre-app)
353 113 30 2,567 3,063
Opportunity Sites: Vacant 37 36 36 213 322
Opportunity Sites: Underutilized 1,571 1,557 1,831 1,208 6,167 Total Capacity 2,045 1,735 1,908 5,412 11,100

5.1.7 SUMMARY OF RHNA STRA TEGIES
Overall, the City is able to accommodate its RHNA, with a 26 percent buffer for the lower income RHNA and a 48 percent buffer for the moderate income RHNA , and a 68 percent buffer to accommodate the overall RHNA. Identifying a larger buffer in the City’s sites inventory ensures that the City is able to comply with SB 166 (Not Net Loss Law) – see also Program 36 -Adequate Sites for RHNA and Monitoring.

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While the City is not required to rezone or up -zone to meet its RHNA, as a pro -housing community, the City is pursuing a rezoning project to increase its residential capacity. The rezoning programs are described in Section 5.4 Housing Programs within this chapter.

Table 5.5: Summary of RHNA Strategies
Project Status Units by Income Category
Extremely
/Very Low
Low Moderate Above
Moderate
Total
RHNA 2,446 1,408 1,416 3,664 8,934
Likely Sites 313 346 189 1,853 2,701
ADU Trend 180 180 180 60 600
Entitled Projects 133 166 9 1,793 2,101
Pipeline Sites 647 352 41 4,771 5,811
BART Sites 210 210 --- 780 1,200
Applications under Review 84 29 11 1,424 1,548
Anticipated Projects (pre-applications) 353 113 30 2,567 3,063 Opportunity Sites 3,201 1,867 1,421 6,489
High Priority (>0.5 acre) 2,225 338 340 2,903
Medium Priority (0.35-0.5 acre) 976 345 248 1,569
Low Priority (<0.35 acre) 0 1,184 833 2,017
Total Capacity (Likely + Pipeline + Opportunity) 4,859 2,097 8,045 15,001 Surplus 1,005 681 4,381 6,067
% Buffer over Remaining Lower Income RHNA 26% 48% 120% 68% AB 725 requires that at least 25 percent of a jurisdiction ’s moderate and above moderate income RHNA be satisfied on sites that can accommodate at least four units. The City of Berkeley satisfies its RHNA for all income categories primarily through high density residential uses and therefore fully complies with AB 725.

5.1.8 AFFIRMATIVELY FURTHE RING FAIR HOUSING (AFFH)
A detailed analysis of the City’s fair housing issues and assessment of how the sites inventory meets the criteria for AFFH—including identification of goals and actions —is provided in Appendix E.

Key findings of the sites inventory AFFH analysis include:
• Income Level. Approximately 55 percent of all RHNA units are located in LMI tracts where more than 50 percent of households are low or moderate income. A larger proportion of above moderate income units (57.8 percent) and moderate income units (59.7 percent) are in LMI

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areas compared to lower income units (49.1 percent), indicating the City’s RHNA strategy does not disproportionately place lower income units in LMI areas. • Race/Ethnicity. The City’s RHNA strategy reflects the overall composition of Berkeley, including zoning districts, and does not exacerbate existing segregation conditions related to race or ethnicity. Most RHNA units are located in block groups where between 41 percent and 80 percent of the population belongs to a racial or ethnic minority group; approximately 47 percent of Berkeley residents are non-white (see Section 3.2.3 Racial and Ethnic Composition).

There are no RHNA units in block groups with racial/ethnic minority populations exceeding 81 percent.
• Persons with Disabilities. The City’s RHNA strategy distributes units throughout Berkeley, but areas where higher density housing is feasible, especially West and South Berkeley, tend to have larger populations of persons with disabilities. Of the 33 tracts in the City, 13 (39.4 percent) have populations of persons with disabilities exceeding 10 percent. Topographically, South and West Berkeley is flatter compared to the Northeast and Eastern parts of the City, and also is in proximity to several major transit lines and street corridors, which supports accessibility for persons with disabilities.
• Familial Status. Approximately 48 percent of income units are in tracts where 60 to 80 percent of children live in married couple households compared to only 31 percent of moderate income units and 43 percent of above moderate income units. Another 37 percent of lower income units, 48 percent of moderate income units, and 39 percent of above moderate income units are in tracts where only 40 to 60 percent of children live in married couple households, since tracts with lower populations of children tend to correlate with zoning districts where high density housing is more feasible. In Berkeley’s RHNA sites inventory, there are also more lower income units in tracts where more than 40 percent of children live in single-parent female-headed households. The addition of housing units in these tracts, specifically lower income units, will increase housing opportunity for current residents.

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Figure 5.2: Re sidential Sites Inventory

Figure 5.2: Residential Sites Inventory is a map showing the parcels identified for Likely, Pipeline, and Opportunity Sites.

The Likely Sites are shaded blue and represent projects that have been entitled since 2018. A table with a list of the Likely Sites is available in a table format in Appendix C, Table C.3 Likely Sites - Entitled Projects since 2018.

The Pipeline Sites are shaded purple and represent development applications which are currently under review or anticipated based on pre-application submittals. A table with a list of the Pipeline Sites is available in a table format in Appendix C, Table C-6 Pipeline Sites - Applications Under Review or Anticipated. For purposes of the sites inventory analysis, the two BART sites are considered “Pipeline Sites” because the City and BART have signed a Memorandum of Understanding (MOU) agreement on the development of these lots and are actively working together to select potential developer teams for the two sites.

The Opportunity Sites are shaded red, with darker red for sites in categories High (greater than or equal to 0.5 acres), medium red for Medium (0.25 to 0.49 acres), and light red for Low (less than 0.35 acres). A table with the list of the opportunity sites is available in a table format in Appendix C, Table C-10: Opportunity Sites – No Rezone Required.

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5.2 RESOURCES FOR HOUSIN G PROTECTION,

PRESERVATION, AND PR ODUCTION

5.2.1 RENT STABILIZATION B OARD
The Berkeley voters passed the Rent Stabilization and Good Cause for Eviction Ordinance in 1980 (Berkeley Municipal Code, Chapter 13.76). In 1982, the voters passed a Charter Amendment establishing an elected Rent Stabilization Board (Berkeley Charter, Art icle XVII, section 121). From 1980 to 1998 rents in units built prior to 1980 were controlled permanently, so that the rent did not change when a tenant moved out and new tenants moved in. Since the Costa-Hawkins Rental Housing Act went into full effect i n California in 1999, landlords have been able to establish initial rents for new tenancies at whatever price the market will bear (Civil Code sections 1954.50 through 1954.535). Under the law, the initial rent for new tenancies is not controlled but subsequent rent increases are controlled. This system is usually called “vacancy decontrol” although it is really “vacancy decontrol, recontrol.” The law also removed single -unit properties first re- rented after 1996 from rent control, including single-family houses and most condominiums.

The Rent Stabilization and Good Cause for Eviction Ordinance provides a stable housing environment for tenants while assuring that landlords are able to receive a fair return on their investment. It assures tenants in rent stabilized units that once they move in their rents will not drastically increase, a situation similar to that of homeowners who are protected from rapid cost increases by the state property tax limitation and fixed -rate mortgages. Annual rent increases (the Annual General Adjustment or AGA) are set at 65 percent of the increase in the Consumer Price Index and landlords can apply for individual rent adjustments if the increases they receive through tenant turnover and the AGA are not sufficient to provide the m with the legally required rate of return. The ordinance also protects tenants from arbitrary evictions through a system of eviction controls and twelve defined just causes for eviction. Good cause for eviction requirements apply to virtually all rental units, including those built after 1980, condominiums and single-family houses.

The good cause for eviction provisions of the ordinance govern nearly the entirety of the approximately 27,000 rental units in Berkeley, while the rent stabilization provisions apply to approximately 21,000 units in multi-family properties built before 1980. About 19,000 of these units are required to register at any given time and the other 2,000 units are temporarily exempt. The most common reason for temporary exemption is that the unit is rented to a tenant who participates in either the Section 8 Portable Voucher or Shelter Plus Care programs. Permanently exempt units include those built after 1980 and most single-family and condominium units.

Vacancy decontrol took effect during the “dot.com” boom in the mid -90s, which rapidly increased rents and home prices throughout the Bay Area and peaked in 2001. From 2001 to 2004 market rents in Berkeley declined somewhat and then began to rise again. By 2008 the market rents for registered units in Berkeley had increased beyond the 2001 peak levels. After the 2008 financial crisis, market rents decreased slightly and then remained stable through 2011. Beginning in 2012, rents in Berkeley began a steady increase, making new highs eac h year from 2012 to 2018. Overall, market rents for units subject to rent control increased by over 70% in units with between 0 -3

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bedrooms. Rents in Berkeley began to show signs of stabilizing in 2019, and then declined in 2020 by between 1.45 percent and 6 percent, due to the fallout from the Covid-19 pandemic and associated shelter in place orders.

Approximately 90 percent of registered rental units have had a new tenancy since 1999 while 10 percent have long-term tenants. The approximately 1,800 tenant households that have remained in place since the beginning of vacancy decontrol are usually paying a rent that is significantly below current market rates.

The Rent Board engages in public education about the importance of the rent stabilization and good cause for eviction ordinance and works to educate both tenants and landlords about their respective rights and responsibilities under the law. Rent Board counselors typically provide information to landlords and tenants at between 40 to 50 different events each year, but outreach events have been reduced to online webinars due to Covid-19 safety concerns. Over the course of the year Rent Board counselors generally had more client contacts with property owners and property managers than with tenants.

The Rent Board monitors foreclosures to ensure tenants are notified that they do not have to move simply because a financial institution has taken over ownership of the property and works with owners to help them stave off foreclosure by informing the lending institution that they will not be able to simply evict all the tenants and vacate the property but rather will need to take on the responsibility of property management. In addition, SB 1079, signed i nto law in 2020 and funded through the state’s Foreclosure Intervention and Housing Preservation Program, provides loans to tenants, nonprofits and community land trusts to purchase foreclosed properties. The Rent Board monitors all filings by owners evicting tenants on the grounds that they are going out of the rental business to ensure that the owners make the required relocation payments and follow all the notice requirements of state and local laws.

The Berkeley City Council adopted the Ronald V. Dellums Fair Chance Access to Housing Ordinance (BMC Chapter 13.106) in 2020. The Ordinance prohibits housing providers from advertising, directly or indirectly, that they will not consider applicants with criminal histories except as required by state or federal law. Rent Board staff implements the ordinance on behalf of the City by counseling landlords and tenants on the Ordinance, working with the City Attorney’s Office to draft administrative regulations related to the implementation of the hearings proces s, including an administrative review process, and holding full evidentiary hearings.

In 2020, Berkeley voters passed Measure MM which required owners register rental units that are partially covered by the Rent Ordinance (not subject to rent control but covered by good cause for eviction protections and security deposit interest provisions). Registration allows the Rent Board staff the ability to provide more comprehensive housing services to both tenants and landlords. As of March 2022, approximately 4,750 rental units have registered due to Measure MM.

5.2.2 CITY HOUSING TRUST FUND
The City of Berkeley also has a number of funding sources available to implement its housing programs, including the preservation of housing units at risk of converting to market-rate housing.

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The City of Berkeley’s Housing Trust Fund (HTF) was established in 1990. The purpose of the HTF is to support the creation and preservation of affordable housing in Berkeley. Federal funds such as HOME Investment Partnerships Program (HOME) and the Community Development Block Grant (CDBG) are combined in the HTF with local funds such as revenue from mitigation fees on commercial development (Resolution 66,617-N.S.), new market rate housing (BMC 22.20.065 Affordable Housing Mitigation Fee and B MC 23C.12 Inclusionary Housing Ordinance), and condominium conversions (BMC 21.28). The City Council may approve additional sources of funding for the HTF at any time, such as the 2018 Measure O bond measure, or state and federal sources. The Council may a llocate general funds such as those generated through Measure U1. The City’s Housing Advisory Commission (HAC) advises the City Council on HTF allocations.

A significant source of the HTF is the City’s Affordable Housing Mitigation Fee. As of March 2022, the fee is set at $36,746 per unit if paid at building permit issuance, or $39,746 per unit if paid at Certificate of Occupancy. The City also allocates a portion of the HOME funds to the HTF it receives annually as an entitlement jurisdiction under HUD’s Community Planning and Development programs.

As of March 2022, the City has $108.8M reserved or in contract for affordable housing projects, representing over 700 units in 19 projects. The City is committed to continuing to support projects in predevelopment and future development opportunities as additional HTF revenue becomes available.

5.2.3 SB 2 PLANNING GRANT AND PERMANENT LOCAL HOUSING

ALLOCATION
In 2017, Governor Brown signed a 15 -bill housing package aimed at addressing the State’s housing shortage and h igh housing costs. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which establishes a $75 recording fee on real estate documents to increase the supply of affordable homes in California. Because the number of real estate transactions recorded in each county will vary from year to year, the revenues collected will fluctuate.

The first year of SB 2 funds are available as planning grants to local jurisdictions. Berkeley received $310,000 for planning efforts to facilitate housing produ ction. This funding is primarily used to develop zoning standards for both Ashby and North Berkeley BART stations for transit -oriented development.

For the second year and onward, 70 percent of the SB 2 funding will be allocated to local governments for affordable housing purposes. A large portion of subsequent years’ allocation will be distributed using the same formula used to allocate CDBG funds. SB2 PLHA funds can be used to:
• Increase the supply of housing for households at or below 60 percent of AMI; • Increase assistance to affordable owner occupied workforce housing; • Assist persons experiencing or at risk of homelessness; • Facilitate housing affordability, particularly for lower and moderate income households;

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• Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation.

The City of Berkeley adopted a five -year PLHA allocation plan as required by HCD in July 2020. The City received a PLHA allocation of $1,293,584 in year-one (FY2021) and will receive an allocation of $2,010,631 in year-two (FY2022). The City’s PLHA allocation over the next five years is projected at $7,761,504. However, initial projections for the transaction fees were created by the State prior to COVID-19. The actual amounts in years three through five may be lower and therefore result in different, possibly lower, disbursements. In December 2021, the City amended its allocation plan to support a Project Home Key homeless housing acquisition project in Year 2. The plan for years three to five will support new affordable housing construction initiatives via two avenues: 1) operating subsidies for homeless households and 2) supplementing the Housing Trust Fund program.

5.2.4 PROJECT HOMEKEY
HCD offers grant funding for local entities to support a variety of housing types for persons experiencing homelessness or who are at risk of homelessness. For FY 2021-2022, HCD set aside $1.4 billion in grant funding and is accepting applications on a rolling basis until funds are exhausted or May 2, 2022, whic hever comes first. The various housing types it supports include multifamily and single-family housing, hostels, motels, hotels, adult residential facilities, and manufactured housing.

The funding can also support adaptive reuse of projects into permanent or interim housing for this population. The City is pursuing the acquisition of the Golden Bear Inn for Project HomeKey.

5.2.5 COVID - RELATED FUNDIN G
Due to COVID, the City received additional funding from HUD to address the impacts of the pandemic.

Specifically, the City received $2.5 million in CDBG -CV and $6.7 million in ESG -CV (Emergency Solutions Grant) in FY 2020. An additional $2.7 million in American Rescue Plan (ARP) funds was also made available to the City in FY 2021. The funds were used to respond to and address economic effects of COVID -19, including assistance to households and small businesses, as well as balance budget deficits.

5.3 PUBLIC/PRIVATE PARTN ERSHIPS
Public/private partnerships are arrangements between a public agency and a private- sector organization, and can be used to finance, build, and operate projects that serve a public good—such as the development and management of affordable housing. The City of Berkeley partners with several organizations to provide and administer a variety of housing programs, including rental vouchers, energy incentives, fair housing support, and legal services.

5.3.1 BERKELEY HOUSING AUT HORITY
Established in 1966, BHA provides rental assistance to a total of 1,939 low-income households units through the Section 8 and Moderate Rehabilitation Program. BHA administers two basic types of

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housing programs: tenant -based assistance (that is, Housing Choice Voucher Program (Section 8) and project-based assistance.

5.3.2 AFFORDABLE HOUSING B ERKELEY
The BHA Board has established a non-profit entity - Affordable Housing Berkeley, Inc. (AHB) – as the development arm of BHA to produce affordable housing units in Berkeley. BHA’s former low income public housing properties were sold to a developer in 2014. The proceeds from the sale will be used by AHB Inc. to develop the new deed-restricted units. The BHA board also serves as the Board of AHB.

5.3.3 BAY AREA REGIONAL EN ERGY NETWORK
The Bay Area Regional Energy Network (BayREN) is a coalition of the Bay Area’s nine counties — a network of local go vernments partnering to promote resource efficiency at the regional level, focusing on energy, water and greenhouse gas reduction. BayREN provides technical assistance, rebates, financing for energy efficiency and electrification projects. These BayREN res ources are recommended by the City’s Building Emissions Saving Ordinance (BESO) assessments to support voluntary upgrades.

5.3.4 EDEN COUNCIL FOR HOP E AND OPPORTUNITY (E CHO)
ECHO was established by community volunteers dedicated to equal housing opportunities and the prevention and elimination of homelessness. Established as a fair housing agency, ECHO has expanded to a full -service housing counseling organization providing services to very low and moderate income clients. The City of Berkeley contracts with ECHO Housing to provide fair housing services in the community.

5.3.5 EAST BAY COMMUNITY L AW CENTER (EBCLC)
EBCLC seeks to promote justice by providing:
• Legal services and policy advocacy that are responsive to the needs of low income communities; and
• Law training that prepares future attorneys to be skilled and principled advocates who are committed to addressing the causes and conditions of racial and economic injustice and poverty.

The City partners with EBCLC to provide no cost legal advocacy help to low income tenants.

5.4 HOUSING PROGRAMS
The City of Berkeley is committed to implementing the goals and policies in Chapter 2, addressing the housing needs identified in Chapter 3, and responding to the constraints in Chapter 4 through the housing programs listed in this section to facilitate the development of housing to meet RHNA.

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The following programs have been developed through an extensive public engagement process and in concert with staff from departments and divisions throughout the city in order to identify specific programs that would realistically facilitate implementation of the City’s goals and achieve the stated policies. Many of the housing programs reflect City Council referrals that are funded and/or staffed and are already included in the future workplans for departments.

While the City is not required to rezone or up -zone to meet its RHNA (described in Section 5.1 Summary of Land Available for Housing and Appendix C Sites Inventory), as a pro -housing community, the City is pursuing several rezoning programs to increase its residential capacity.

Affordable Housing Berkeley
The Berkeley Housing Authority (BHA) was recently selected by HUD to be a Move to Work Agency (MTW) that allows for flexibility programmatically; the cohort for which BHA was selected is “Landlord Incentives” and will allow BHA to attract additional landlords to participat e with BHA to house voucher holders in Berkeley. Some of the flexibilities include: A Payment Standard above 110 percent; one-month contract rent signing bonus for brand new landlords; and funds for accessibility unit modifications. Additional programmatic flexibilities will focus on expansion of the Project-based Section 8 program. BHA is currently working on the process, including future public hearings, to be able to fully implement these flexibilities, and it is expected that will happen by mid-2023.

Furthermore, the BHA Board has established a non- profit entity - Affordable Housing Berkeley, Inc. (AHB) – as the development arm of BHA to produce affordable housing units in Berkeley. BHA’s former low income public housing properties were sold to a developer in 2014, and those units were converted to Project-based Section 8. The proceeds from the sale will be used by AHB Inc. to develop the new units. The BHA board also serves as the Board of AHB and has just hired Mosaic Urban Development to assist with its Strategic Planning Process.

Specific Actions and Timeline
Complete Strategic Plan for Affordable Housing Berkeley Inc. by December 2023 Lead Department(s)/Agency BHA/AHB
Funding Source(s) BHA Low Income Public Housing Disposition proceeds AFFH n/a
Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-2 Funding Sources
H-3 Permanent Affordability
H-4 Economic Diversity
H-7 Berkeley Housing Authority
H-19 Regional Housing Needs

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Housing Choice Vouchers
BHA provides a range of rental housing assistance to very low income, and low income households through a number of programs, including Housing Choice Vouchers, Project -Based Section 8 Vouchers, and Moderate Rehabilitation (SROs).

BHA also operates several Special Purpose Voucher programs including :
• Emergency Housing Vouchers (EHV): 51 EHVs awarded by HUD to house homeless households. • Mainstream Voucher Program: 91 vouchers to house non-elderly and disabled homeless or at-
risk households.
• Veterans Affairs Supportive Housing (VASH): 40 VASH vouchers for homeless veterans.

BHA provides all disabled households the opportunity to apply for Reasonable Accommodations so that they can fully participate in our programs. Some examples of Reasonable Accommodations include an extra bedroom for a 24 -hour L ive in Aide, or an extra room to store bulky medical equipment.

Specific Actions and Timeline
Continue to assist up to 2,000 households during the 2023-2031 period through:

Moderate Rehabilitation SRO Program – 98 units
Housing Choice Vouchers – 1,500 households (and growing) Project-Based Vouchers – 400 households
Emergency Housing Vouchers – 51 households
Mainstream Voucher Program – 91 households
VASH – 40 households
Lead Department(s)/Agency BHA
Funding Source(s) HUD
AFFH
Housing Mobility; BHA will work to expand all areas of Berkeley with rental housing units.

Provide targeted outreach to educate the community on Source of Income protection with the goal of increasing acceptance of HCVs in high resource areas.

Increase baseline by 200 households by January 2031.

Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-2 Funding Sources
H-3 Permanent Affordability
H-7 Berkeley Housing Authority
H-23 Homelessness and Crisis Prevention
H-24 Homeless Housing
H-27 Persons with Disabilities
H-28 Emergency Shelters and Transitional and Supportive Housing H-30 Accessible Housing

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Citywide Affordable Housing Requirements
The City is revising its Citywide Affordable Housing Requirements to enhance the effectiveness of the program in delivering affordable housing, especially for extremely low -income households.

Proposed changes include:
• Rate of Rent Increases. Cap
the annual rate of rent increases for the Citywide Affordable housing Requirements (AHR) using both Consumer Price Index (CPI) and Area Median Income (AMI). Currently rent increases are based on AMI alone. Recent trends have resulted in sharper increases in AMI due to a greater share of higher-income earners moving to the county rather than from increases in wages, resulting in the existing approach having unintended adverse impacts to tenants. While changes in CPI-U have traditionally been more stable than changes to AMI, this may change as we enter into a more inflationary cycle. The overall goal of this proposed program is to ensure that rent increases do not result in high housing cost burden or displacement of existing tenants.
• Extremely Low Income Units. Incentivize the provision of extremely low income (ELI, 30 percent of AMI) units by offering low income units to voucher holders prior to other income eligible households.
• In-Lieu Fee Based on Unit Size. Establish a per-square-foot in-lieu fee, instead of the existing per-unit basis for fees.
• Alternative Housing Types. Alternative affordable housing types, including live/work units, would qualify for meeting the City’s inclusionary housing requirements. • In-Lieu Options for Compliance. Add land dedication as a potential alternative to providing on-site units.

In addition, City staff will be initiating a new residential financial feasibility study starting 2023, in accordance with the recommendations of both the Planning and Housing Advisory Commissions.

This new study will analyze the feasibility of smaller building development types (e.g., middle housing), monitor the effects of the newly adopted fees and inclusionary requirements, and establish whether adjustments should be made to the development controls, including fee level or cost structure. Adjustments may be made to raise or lower the per square foot fee: to adjust the sliding scale for smaller projects, to better align the developer cost of the inclusionary versus fee options, or to make other changes to reflect market conditions as the city emerges from the pandemic and faces inflationary, recessionary, and other market influences.

Specific Actions and Timeline
By June 2023, amend Berkeley Municipal Code (BMC) Chapter 23.38, updating the Citywide Affordable Housing Requirements (AHR) in the Zoning Ordinance.

By June 2023, adopt a Resolution addressing regulations for a voucher program and establishing an in-lieu fee pursuant to BMC Section 23.328.020(A)(2).

By December 2025, conduct a follow-up residential financial feasibility study to inform modifications to the City’s affordable housing fees and continue to ensure a realistic development environment. (See also Program 35 -Affordable Housing Overlay and Southside Local Density Bonus)

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Lead Department(s)/Agency Planning
Funding Source(s) General Fund; SB 2 Grant Funding; Enterprise Fund – Community Planning Fee AFFH
Anti-Displacement and Tenant Protection
New Opportunities in High Resource Areas
Disproportionate Needs
Policies Implemented
H-2 Funding Sources
H-3 Permanent Affordability
H-4 Economic Diversity
H-6 Low-Income Homebuyers
H-19 Regional Housing Needs
H-35 Incentivize Affordable Housing
Housing Trust Fund
Berkeley’s Housing Trust Fund (HTF) pools funds for affordable housing construction from a variety of sources with different requirements, and makes them available to developers through one single application process. Affordable housing developers and land trusts can find funding opportunities on this page as they become available. The Affordable Housing Mitigation Fee/Inclusionary fee is the primary driver of the HTF program. The HTF is also regularly supported by fees collected from condo conversions and new commercial development, as well as federal HOME funds.

The City has significantly expanded its capacity since the adoption of the Measure O bond for affordable housing in 2018. The City's funding commitments typically leverage federal tax credits and State funds to complete 100 percent affordable projects. During the upcoming cycle, the City will complete over 500 units across 7 projects currently in the pipeline – as well as future opportunities.

The City will also commit $53 million in HTF - $40 million of Measure O and $13 million in local funds – to fund a minimum of 35% affordable units at North Berkeley and Ashby BART . The program targets funding a minimum of 500 units of nonprofit affordable housing and a minimum of 35 percent affordable housing at Ashby and North Berkeley BART sites.

Funding recipients will follow the standard Loan Terms, requiring 55-year development loans, unless variations are granted by the City Manager or City Council.

Specific Actions and Timeline
Homekey
• December 2023. Homekey 2 project completion
• December 2023. Homekey 3 RFP process (target selection and funding of project)
Housing Trust Fund Program
• December 2023. Funding awards for pipeline projects.

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• December 2024. Project completion for funded affordable projects: Maudelle Miller Shirek Community (2001 Ashby) and Blake Apartments (2527 San Pablo)
• December 2025. Issue Housing Trust Fund RFP
Small Sites Program
• Decem
ber 2023. North Berkeley project completion to preserve and renovate 13 units(1685 Solano Ave)
BART - See also Program 28 -BART S
tation Area Planning.
• February 2023. Predevelopment funding award.
• December 2025. Initial development funding award.

Lead Department(s)/Agency HHCS
Funding Source(s) Measure O, AHMF, Condo Conversion Mitigation Fee, Commercial Linkage Fee, HOME AFFH
Anti-Displacement and Tenant Protection
New Opportunities in High Resource Areas
Disproportionate Needs
Policies Implemented
H-2 Funding Sources
H-4 Economic Diversity
H-6 Low-Income Homebuyers
H-19 Regional Housing Needs
H-35 Incentivize Affordable Housing
Preservation of At-Risk Housing
The City will monitor and assist in preserving deed- restricted housing. There are over 2,300 deed restricted affordable rental units within the City of Berkeley. Three projects (92 units) are at risk for potential conversion to market -rate units between 2023 and 2033. These are Bonita House (2 affordable units), Lawrence Moore Manor (46 affordable units), and Stuart Pratt Manor (44 affordable units). These projects are subject to annual renewal of its project -based Section 8 certificates with HUD.

Specific Actions and Timeline
During the 2023-2031 period, continue to implement the City’s affordable housing policies and administer the Housing Trust Fund and Small Sites Programs that subsidize both new affordable housing development and rehabilitation of existing projects to preserve and extend their affordability.

Annually monitor status of the at-risk project with the goal of preserving the 92 at risk units
Ensure tenants are properly noticed by the property owners should a Notice of Intent to opt out of low income use is filed. Notices must be filed three years, one year, and six months in advance of conversion.

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Pursue acquisition of the affordable units through Affordable Housing Berkeley should conversion to market rate housing
Lead Department(s)/Agency HHCS
Funding Source(s) Housing Trust Fund
AFFH Anti-Displacement and Tenant Protection
Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-3 Permanent Affordability
H-4 Economic Diversity
H-5 Rent Stabilization
Fair Housing Outreach and Enforcement
The City contracts with ECHO Housing for Fair Housing services and ensure the public has access to information through the City’s website, and other modes of communication, including newsletters and through local Community- Based Organization (CBO) partners . The City also partners with East Bay Community Law Center (EBCLC) to provide no cost legal advocacy help to low income tenants.

The City’s approach is to be collaborative with landlords through the Berkeley Property Owners Assoc
iation (BPOA) to provide trainings to rental property owners.

Specific Actions and Timeline
During the 2023-2031 period, continue to provide fair housing services to residents, landlords, and housing professionals. Increase outreach and education to Homeowners Associations.

Annually: Conduct 9 education/training workshops for tenant-focused CBOs and property owner associations.

Annually: Provide 70 Fair Housing Counseling sessions on fair housing information, respond to information alleging potential discrimination, and provide basic information on State and Federal fair housing laws to tenants and landlords.

Annually: Conduct 22 outreach events to inform Berkeley residents of their rights.

Annually: Conduct 10 tenant/landlord mediation sessions to resolve disputes and/or legal problems.

By December 2025, conduct an Equity Study to target program marketing Lead Department(s)/Agency HHCS
Funding Source(s) CDBG
AFFH
Fair Housing Outreach and Enforcement: ECHO is tasked with reaching specific target demographics including people with disabilities, female heads of households, homeless households, and chronically homeless households. Echo records income and demographic data for each client served to ensure the City is consistent with AFFH goals. ECHO’s counselor will respond to all inquiries and complaints from City of

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Berkeley regarding illegal housing discrimination based on race, sex, sexual orientation, gender identity, national origin, marital status, familial status, physical and mental disability, religion, source of income, and all other arbitrary forms (immigration status, LEP, personal characteristics) of discrimination as defined in state and federal fair housing law. ECHO will deliver services to any Berkeley renter who feels they have experienced illegal housing discrimination or any housing provider requiring education or training with regard to federal, state, and local fair housing laws and ordinances.

As a Qualified Fair Housing Enforcement Organization (QFHO), ECHO continues to coordinate and collaborate with cooperating attorneys, the Department of Housing and Urban Development, and the Department of Fair Employment and Housing on cases we have investigated and referred for litigation.

Education/Training – tenant-focused CBOs and Property Owner Associations:

Targeting citywide with emphasis in Central and Southern Berkeley and areas surrounding UC Berkeley campus where LMI households and cost burdened renters are concentrated
Education/Training – rental property owners: Targeting citywide with emphasis in Central and Southern Berkeley and areas surrounding UC Berkeley campus.

Outreach Events – Berkeley residents: Targeting citywide with emphasis in Central and Southern Berkeley where protected groups and sensitive communities at risk of displacement are concentrated.

Policies Implemented
H-5 Rent Stabilization
H-29 Fair Housing
Rent Stabilization and Tenant Protection
The Rent Stabilization Board (RSB) works closely with other City departments to ensure that tenants are protected from retaliation when they complain about code violations and to assist landlords in following the requirements of the law when they need to temporarily relocate tenants in order to make repairs. The Board also assists with the enforcement of the Fair Housing Ordin ance (BMC Section 13.30.050) by providing funding for the East Bay Community Law Center and the Eviction Defense Center, which provide legal services to the low-income community.

Rent stabilization provisions apply to approximately 21,000 units in multi -fami ly properties built
before 1980. About 19,000 of these units are required to register at any given time and the other 2,000 units are temporarily exempt. The City currently has o ver 3,500 long-term t enants who have
continuously resided in their rent controlled units since 1980 when the Rent Board and Rent Stabilization Ordinance was created.

The most common reason for temporary exemption is that the unit is rented to a tenant who participates in either the Section 8 Portable Voucher or Shelter Plus Care programs.

Specific Actions and Timeline
Continue to enforce the Rent Stabilization Ordinance.

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Maintain rent stabilization on approximately 21,000 units and monitoring the effect of the Ellis Act.

Pursue new affordable housing to replenish units removed due to Ellis.

Lead Department(s)/Agency RSB
Funding Source(s) Fees
AFFH Anti-Displacement and Tenant Protection
Policies Implemented
H-4 Economic Diversity
H-5 Rent Stabilization
H-10 Naturally Affordable Housing
Rental Housing Safety
The City of Berkeley performs inspections of rental units to ensure they meet safety requirements defined by the California Building Standards Code. Both tenants and property owners can request inspections by the City. The program focuses on tenant -occupied housing and is both complaint - driven and proactive program. Code enforcement inspections will respond to requests for service from tenants as well as conduct proactive inspections on a regular cycle. Units where tenants have submitted a complaint to Housing Code Enforcement will be prioritized.

If the inspector finds any code violations, the City will provide a written report of the issue and set a timeline for correction. The property owner is responsible for correcting the violation before the City returns for a re-inspection. If the re-inspection finds that the property owner resolved the violation, the City will not charge a fee. If the re-inspection finds that the violation remains, the City will charge an inspection service fee, with costs increasing with each additional re-inspection.

Specific Actions and Timeline
The City is currently working on expanding the proactive inspections program, with the goal of inspecting every building during a 5-year cycle as part of the Rental Housing Safety Program.

By December 2022, complete the Housing Inspector Manual.

By December 2023, hire 5 additional staff, including 2 inspectors and 1 administrative staff person, and 2 additional inspectors
By December 2023, rewrite and adopt the Berkeley Housing Code Lead Department(s)/Agency Building and Safety
Funding Source(s) Program Fees: Annual, Inspection Service and Penalty Fees.

AFFH Place-Based Strategy for Neighborhood Improvements

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Proactive Inspections Program – Targeting citywide with emphasis in Central and Southern Berkeley neighborhoods where there are higher concentrations of renters and aging housing units.

Policies Implemented
H-9 Housing Preservation
H-11 Code Requirements
H-12 Prevent Deferred Maintenance
Tenant Survey
The City has issued an RFP to conduct a Tenant Survey to gather a representative sample of tenants’ experiences in Berkeley today. The data collected will be used to ensure the City’s elected Rent Stabilization Board adopts legislation that promotes policies and services stated in the Berkeley Rent Ordinance. Based on data from Tenant Survey, the Board will make changes to the Rent Stabilization Ordinance.

Specific Actions and Timeline
By December 2023, conduct Tenant Survey
By December 2023, provide summary of data to the Rent Stabilization Board Lead Department(s)/Agency RSB
Funding Source(s) Fees
AFFH Anti-Displacement and Tenant Protection
Policies Implemented
H-5 Rent Stabilization
H-9 Housing Preservation
H-10 Naturally Affordable Housing
Housing Preference Policies
Currently, the BHA Housing Choice Voucher waitlist provides preference points for households or families that —at the time of selection from the waiting list —reside in the City of Berkeley, or formerly resided in Berkeley, or include a member who works or has been hired to work in the jurisdiction. Use of this preference will not have the purpose or effect of delaying or otherwise denying admission to the program based on the race, color, ethnic origin, gender, religion, disability, or age of any member of an applicant family.

The City is developing a housing preference policy to assist residents at -risk of displacement and
those who have already been displaced to receive priority for new, local affordable housing units.

The City intends for this policy to apply to units created via its HTF and BMR programs to the extent permissible by Fair Housing law.

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Specific Actions and Timeline
By December 2023, the City will adopt a housing preference policy. The City plans to conduct outreach on an ongoing basis, coordinate preferences with the Alameda County Housing Portal for applications, and collect data and monitor annually to asses impact.

Lead Department(s)/Agency BHA and HHCS
Funding Source(s) General Fund
AFFH Anti-Displacement and Tenant Protection
Policies Implemented
H-7 Berkeley Housing Authority
H-29 Fair Housing
Rental Assistance
The City utilizes CDBG and local Measure P funding to contract with Community Based Organizations (CBOs) to provide supportive services. These services help stabilize households in rental assistance programs and to move unhoused community members into permanent supportive housing.

Specific Actions and Timeline
Annually: Provide rental assistance to 50-75 new households (or 400-600 new households over eight years)
Lead Department(s)/Agency HHCS
Funding Source(s) CDBG; local Measure P
AFFH
Tenant Protection and Anti-Displacement
Targeting citywide with emphasis in Central and Southern Berkeley neighborhoods and areas surrounding UC Berkeley campus where cost burdened renter populations are most prevalent.

Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-2 Funding Sources
H-5 Rent Stabilization
H-24 Homeless Housing
Workforce Housing
The City of Berkeley is dedicated to supporting local efforts to expand the construction of workforce housing that is affordable to households earning between 60 and 120 percent of area median income (AMI). The availability of affordable housing to moderate income residents is important to attract and retain workers, reduce commute time and vehicle miles traveled, and create opportunities for workers to live in the communities they serve. Workforce housing targets middle-income households

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who work within the City of Berkeley, such as teachers, health care workers, retail clerks, artists and young professionals.

In 2018, Berkeley voters passed Measure O, a $135 million bond to develop affordable housing, that includes a priority for education workers. In December 2021, the City Council approved $24.5 million for a Berkeley Unified School District (BUSD) sponsored low-income and workforce housing project.

Specific Actions and Timeline
By June 2023, entitle construction of 110 affordable units, with a preference for Berkeley Unified School District employees.

Lead Department(s)/Agency HHCS
Funding Source(s) Measure O, AHMF, Condo Conversion Mitigation Fee, Commercial Linkage Fee AFFH
New Opportunities in High Resource Areas
Disproportionate Needs
Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-3 Permanent Affordability
H-8 Workforce Housing
H-15 Publicly-Owned Sites
Homeless Services
The City of Berkeley is committed to addressing homelessness and is working on a large variety of new and potential homeless programs, including:
• Acqui
sition of the Golden Bear Inn for Project HomeKey;
• Leasing with the Rodeway Inn to provide sheltering for people currently living at People’s Park; and
• A drop-in center for the unhoused in People’s Park and Telegraph Ave district jointly funded by UC Berkeley
Preliminary discussions are u nderway to assist Berkeley Food and Housing Project in acquiring Russell Street Residence.

The City is also working to implement a new rental assistance program (“Shallow Subsidies”) for people who are unhoused but do not need supportive services, and the City is administering a County
contract to place unhoused people in motels to provide respite from the streets.

Finally, the City is also assisting Larkin Street to purchase the property at 3404 King Street, currently owned by Fred Finch and operated as transitional housing for homeless youth, for the same purpose.

Specific Actions and Timeline
By December 2022, establish programs and services with the goal of assisting:
• Increase capacity for housing the homeless by 43 beds/persons at Golden Bear Inn

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• Increase capacity for housing the homeless by 43 beds/persons at the Rodeway • Serve an average of 15-25 unhoused persons the drop-in center daily • Mainta in transitional housing for 12 transition aged youth at 3404 King Street • Maintain capacity for housing persons experi
encing homelessness by 27
beds/households at the Berkeley Inn.

Lead Department(s)/Agency HHCS and CMO
Funding Source(s) Local (Measure P, general fund); State HomeKey; State Encampment Resolution Fund grant; City of Berkeley - University of California Settlement Payment funds AFFH
Tenant Protection and Anti-Displacement
Place Based Strategies for Neighborhood Improvement
New Opportunities in High Resource Areas
Housing Mobility
Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-4 Economic Diversity
H-21 University of California
H-23 Homelessness and Crisis Prevention
H-28 Emergency Shelters and Transitional and Supportive Housing Housing for Homeless Persons with Disabilities
The City plans to provide local subsidy to Resources for Community Development (RCD) for a 119 - unit very low income development for households earning between 10 and 50 percent AMI (Supportive Housing in People’s Park) with at least 50 percent of the units dedicated to previously unhoused residents with mental health conditions. This project has been allocated 27 project -based vouchers by BHA.

Specific Actions and Timeline
By December 2023, approve and assist in the construction of a 119-unit very low- income housing project.

Lead Department(s)/Agency HHCS Mental Health
Funding Source(s) MSHA funding and others to be determined AFFH Tenant Protection and Anti-Displacement
Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-21 University of California
H-23 Homelessness and Crisis Prevention
H-27 Persons with Disabilities

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H-28 Emergency Shelters and Transitional and Supportive Housing Shelter Plus Care
Shelter Plus Care is a housing subsidy program for individuals who are chronically homeless and disabled in Berkeley. Participants pay approximately 30% of their income towards rent, and receive ongoing supportive services. Shelter Plus Care participants must have a disability due to mental illness, drug or alcohol dependence, physical disability, or chronic medical condition, and meet the following criteria for homelessness:
• Continu
ously homeless on the streets or in shelters for last 12 consecutive months; • Currently on the streets or in a shelter for less than 12 months, with at least 4 separate occasions of being homeless and on the streets/in shelters during the past 3 years as long as the combined occasions equal at least 12 months; OR
• Staying in an institutional care facility for fewer than 90 days and prior to that met the above criteria for being chronically homeless (Institutional care facilities include jails, substance abuse or mental health treatment facilities, hospitals or other similar facilities). • Residing in transitional housing and prior to that met the above criteria for being chronically homeless (Persons in transitional housing do not meet HUD criteria, but may qualify for City of Berkeley program on a limited basis).

The City continues to administer 300 Shelter Plus Care vouchers for the homeless, along with supportive services.

Specific Actions and Timeline
Annually: Enroll 10 new clients as vouchers become available due to existing clients exiting the program
Lead Department(s)/Agency HHCS
Funding Source(s) Federal S+C Funding
AFFH
Housing Mobility
Tenant Protection and Anti-Displacement
Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-23 Homelessness and Crisis Prevention
H-27 Persons with Disabilities
Home Modification for Accessibility and Safety

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The City partners with nonprofit providers to fund home modifications for lower income households.

Both organizations bring volunteers and communities together to provide free repair services for low-income homeowners.

Specific Actions and Timeline Annually: Assist home modifications for approximately 13 homes (a total of 104 homes over the 2023-2031 period)
Lead Department(s)/Agency HHCS
Funding Source(s) General Fund and CDBG
AFFH
Housing Mobility
Targeted outreach to areas identified by the California Tax Credit Allocation Committee (TCAC) map as low or moderate resource census tract.

Policies Implemented
H-9 Housing Preservation
H-11 Code Requirements
H-12 Prevent Deferred Maintenance
H-30 Accessible Housing
H-31 Affordable Accessible Housing
Accessible Housing
The City promotes housing accessibility for persons with disabilities. The City also promotes its reasonable accommodation to property owners. The City also requires community- based organizations to cond uct outreach throughout the community targeting the low and moderate income households, including seniors and people with disabilities, served by these programs.

As part of Program 33 -Zoning Code Amendment: Residential, the City will also modify standards for
ground floor uses to incorporate first floor residential that facilitate accessible housing. The intent is to increase the number of accessible dwelling units in the local housing supply, particularly in transit and service-rich neighborhoods.

BHA has a robust Reasonable Accommodation program for all of its program participants who are disabled – each time they conduct a new voucher holder intake, and in annual recertification packets, clients receive the Notice of Right to Request a Reasonable Accommodation, and a Form to Request a Reasonable Accommodation. All disabled households have the right to request a Reasonable Accommodation at any time, and BHA staff are trained to respond properly, adhering to Fair Housing Law. All Project-based Voucher long term contracts have a requirement to adhere to current Section 504/ADA designs in the number of units.

Specific Actions and Timeline
By December 2025, develop and amend the Zoning Ordinance to adopt Objective Design Standards for residential and mixed use developments to facilitate first floor residential

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and live/work uses that encourages accessible design in higher density districts (e.g. R- 3, R-4, and commercial districts).

By December 2026, promote residential units to be developed with universal design and visitability principles in future PBV Master Contracts or exemptions for requiring a modified unit to be returned to its original state upon vacating the unit.

As part of BHA’s MTW application addressed in Affordable Housing Berkeley, the fiscal flexibilities include the ability to spend up to $500 per unit to help landlords pay for unit modifications. This benefit cannot be combined with the CIL program addressed in Home Modification for Accessibility and Safety.

Lead Department(s)/Agency BHA, Planning
Funding Source(s) General Fund
AFFH
Housing Mobility
Tenant Protection and Anti-Displacement
Policies Implemented
H-7 Berkeley Housing Authority
H-27 Persons with Disabilities
H-30 Accessible Housing
H-31 Affordable Accessible Housing
Senior / Disabled Home Improvement Loan
The purpose of the Senior and Disabled Home Rehabilitation Loan Program is to assist low and moderate income senior and disabled homeowners in repairing/modifying their homes, to eliminate conditions that pose a threat to their health and safety and to help preserve the City's housing inventory. Qualified borrowers can receive interest-free loans of up to $100,000.

The building to be rehabilitated has to be located within the City of Be rkel ey boundaries. The property will contain no more than two units. Only the unit occupied by the senior or disabled homeowner is eligible to receive assistance.

Specific Actions and Timeline
Annually: Provide two interest-free loans up to $100,000 for a total of 16 loans over eight years.

Lead Department(s)/Agency HHCS
Funding Source(s) CalHome Reuse Account (program income) and CDBG AFFH Housing Mobility
Policies Implemented
H-26 Senior Housing
H-27 Persons with Disabilities

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H-30 Accessible Housing
H-31 Affordable Accessible Housing
Housing Condition Standards
The City will develop an Amnesty Program for Unpermitted Dwelling Units (UDUs). The amnesty program will promote legalization of unpermitted or undocumented dwelling units —including Accessory Dwelling Units – while ensuring safe, healthy and habitable living conditions, resulting in an increased number of legal dwelling units within the Berkeley community. The program would provide tenants a means of getting potentially substandard or unsafe conditions abated in their homes, while providing property owners a pathway to legalization without fear of punitive action.

The program would pertain solely to existing unpermitted dwelling units, and not to newly constructed dwelling units.

For Housing Choice Voucher holders, BHA implements HUD’s housing inspection protocol, called Housing Quality Standards (HQS) to ensure safe and decent living conditions .. Each assisted unit is inspected before a contract is approved, and at least once every 12 months thereafter. The inspection is performed to determine compliance with HUD’s HQS. The program withholds rental subsidies to landlords if the property fails inspection twice, as an incentive for landlords to make repairs.

Specific Actions and Timeline
By December 2024, adopt and commence implementation of a Building and Safety Amnesty Program for Unpermitted Dwelling Units.

Under BHA’s Housing Quality Standards Program:
• Conduct an Annual Inspection approximately 9 months after the initial inspection, and every 9-10 months thereafter.
• Written notice of the inspection is mailed to the tenant and landlord approximately 2 weeks prior to the scheduled inspection. A person 18 or older must be present to grant the inspector permission to enter the unit.
• Minor repairs to be conducted on the spot if a maintenance person is available in order to avoid the need for a reinspection.
• If all deficiencies noted at the inspection are not repaired and confirmed by the scheduled reinspection date, rental subsidies will be withheld effective the first day of the month following the failed inspection. Payments will resume effective upon confirmation of all required repairs.

Lead Department(s)/Agency Building and Safety, BHA
Funding Source(s) HUD
AFFH
Housing Mobility
Anti-Displacement through legalization of unpermitted units Policies Implemented
H-7 Berkeley Housing Authority
H-9 Housing Preservation

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H-11 Code Requirements
H-12 Prevent Deferred Maintenance
Livable Neighborhoods
The City Manager’s Office (CMO) provides guidance and resources to make neighborhoods safer and more livable for residents through its Livable Neighborhoods program. The Neighborhood Services Code Enforcement (NSCE) unit responds to requests for traffic calming, street lighting, and mediates complaints of noise and wood smoke disturbances, sewage releases, rodent and pests, and abandoned vehicles.

The NSCE leads on complex code enforcement cases that require multi -depa rtmental response. The
program is also updating the protocols by which such cases are referred and handled, which will lead to more efficient response times.

Currently there are three NSCE officer staff, who work closely with one zoning code enforcement officer in Planning. The City is in the process of updating its implementation of the Group Living Accommodations (GLAs) ordinance and has created an online registry system for GLAs or mini - dorms, as well as short -term rentals, to register. Eligible GLAs may apply to receive a functionally equiva
lent exemption from certain requirements of the GLA ordinance. Mini-dorms are buildings in residential districts that are occupied by six or more adults. Sororities, Fraternities, and Student Co - ops are not considered Mini -Dorms, as long as they have a resident manager. Group living accommodations (GLA) are buildings or units that are occupied by individuals. GLAs are characterized by separate sleeping rooms without individual kitchen facilities, and containing congregate bath and/or dining facilities or rooms.

Specific Actions and Timeline
By December 2022: Create an updated registry of GLAs.

By December 2023: Expand NSCE capacity by adding additional staff and/or outsourcing administrative functions.

Lead Department(s)/Agency City Manager’s Office – Neighborhood Service Code Enforcement (NSCE) Unit Funding Source(s) General Fund
AFFH
Place-Based Strategy for Neighborhood Improvements
Neighborhood - Southside.

Work with stakeholders and city staff to develop a process, with a targeted timeline to notify impacted GLAs by June 2022 and implement the new application by September 2022.

Policies Implemented
H-9 Housing Preservation
H-10 Naturally Affordable Housing
H-11 Code Requirements
H-12 Prevent Deferred Maintenance

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Lead-Poisoning Prevention
The City of Berkeley’s Environmental Health Division will incorporate “Proactive Lead -Based Paint Inspections” as part of the Childhood Lead Prevention Program (CLPP), and will continue documenting these types of inspectional activities throughout the 2023 -2031 period. CLPP contains three levels: Tier I: Response to elevated blood-lead levels in children; Tier II: Proactive inspections; and Tier III is contractor enforcement.

Conducting proactive lead -based paint inspections satisfies State requirements as part of the CLPP program. These inspections (in coordination with Housing Code Enforcement staff) also provide a community service by responding to tenant co
ncerns, particularly those with toddlers and young
children. The City will inspect the presence of lead in the residential environment, especially where peeling lead paint has been identified. These inspections also provide documentation on lead levels in soil before and after any remediation.

Specific Actions and Timeline
Annually: Continue to assist approximately 12 households (or more, as needed) during the 2023-2031 period by:

Conduct an Environmental Investigation (EI) for presence of lead when peeling lead paint has been identified or if/when a child has elevated blood lead levels. Proactive inspections will be conducted in high-risk areas citywide, which include a visual assessment and notifications to homeowners and landlords. The average inspection process from start to finish should take approximately 30 days to complete.

Environmental Investigation timeframes – If blood lead level is:

9.5 – 14.4 mcg/dL  Perform EI within four weeks of PHN referral.

14.5-19.4 mc/dL Perform EI within two weeks of PHN referral

19.5-44.4 mcg/dL  Perform EI within one week of PHN referral

44.5-69.4 mcg/dL  Perform EI within 48 hours of PHN referral Greater than 69.4 mcg/dL  Perform EI within 24 hours of PHN referral Lead Department(s)/Agency HHCS – Environmental Health
Funding Source(s) California Department of Public Health’s (CDPH) Childhood Lead Poisoning and Prevention Program (CLPP) Annual Grant
AFFH
Place-Based Strategy for Neighborhood Improvements
Environmental Investigations will target neighborhoods which have been identified as having one or more cases of toddlers or young children with elevated blood lead levels, presumably linked to environmental sources.

Policies Implemented
H-9 Housing Preservation
H-11 Code Requirements
H-12 Prevent Deferred Maintenance
Seismic Safety and Preparedness Programs

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The City implements, and supports, a number of programs to address seismic preparedness:
• Soft Story Program. Continue program management for buildings newly added to the soft story inventory, as well as code enforcement for non-compliant soft story buildings subject to Berkeley Municipal Code Section 19.39. [Soft Story Ordinance (Ord. No. 7,318-N.S.) adopted December 3, 2013.]
• Unreinforced Masonry (URM) Ordinance. Continue code enforcement for non-compliant URM buildings subject to Berkeley Municipal Code Section 19.38. (Ord. 6604-NS § 2, 2000) as of November 15, 1991.
• Retrofit Grants Program. In early 2017, the City launched its first Retrofit Grants Program to incentivize individual property owners to retrofit their seismically vulnerable buildings. This ground-breaking program leveraged both federal and state hazard mitigation grant funding from FEMA and the California Governor’s Office of Emergency Services (CalOES) to reimburse property owners for a portion of their design and construction costs. In May 2020, the City received approval for additional hazard mitigation grant funding, enabling the City to launch a second round of the Retrofit Grants Program. The City will continue to seek additional hazard mitigation grant funding throughout 2023-2031, in an effort to provide further financial assistance to building owners, and encourage retrofit of additional Berkeley buildings. • Seismic Retrofit Transfer Tax Rebate Program. This Program provides refunds of Berkeley transfer taxes for seismic upgrades to residential properties that are completed within one year of property transfer. Up to 1/3 of the base 1.5% transfer tax rate may be refunded on a dollar- for-dollar basis, for all expenses incurred on or after October 17, 1989, for seismic upgrades to residential property. This program applies to structures that are used exclusively for residential purposes, or any mixed-use structure that contains two or more dwelling units. Between 2013 and 2019, 702 rebates have been distributed, amounting to over $4M. • Earthquake Brace and Bolt. Earthquake Brace and Bolt, a program of the California Residential Mitigation Program, provides rebates of up to $3,000 for homes that make qualifying seismic safety upgrades. For the first time, in 2022, this program will also provide grants for up to 100% of the costs for low-income homeowners. Berkeley is proactively making residents aware of and is utilizing the Brace and Bolt program, through news releases, distribution of flyers in the Permit Service Center, and workshops during annual registration to answer questions and encourage participation. The City actively promotes and tracks participation in the Earthquake Brace and Bolt rebate program.

Specific Actions and Timeline
Soft Story Program: By December 2025, facilitate the compliance of the remaining 14 soft story buildings. As of March 1, 2022, out of 360 soft-story buildings, 265 buildings (containing approximately 2,995 units) have complied with the soft story program requirements, and 35 soft story buildings (containing ~306 dwelling units) must still come into compliance with mandatory retrofit requirements. Of the remaining 35 buildings, 8 owners have obtained building permits, 13 have applied for permits and 14 have yet to apply. Identify additional buildings may be added to the inventory for improvements.

Unreinforced Masonry Ordinance: By December 2025, facilitate the retrofitting of the remaining four unreinforced masonry (URM) building. Of the approximately 600 buildings

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originally included in the City’s URM inventory, roughly 99 percent have been seismically retrofitted, demolished or demonstrated to have adequate reinforcement. As of March 1, 2022, four buildings remain on the city’s URM list and are required to retrofit in order to avoid further penalties. Two of the four building owners have applied for retrofit permits, and two have expired permit applications.

By December 2023, provide Retrofit Grants to 50 property owners.

Seismic Retrofit Transfer Tax Rebate Program: Continue to issue building permit seismic upgrades and facilitate transfer tax rebates for qualifying properties.

Earthquake Brace and Bolt program: Annually, the City’s goal is to help at least 50 homeowners complete seismic retrofits and obtain rebates.

Lead Department(s)/Agency Building and Safety
Funding Source(s)
Transfer Tax Rebate Program
Retrofit Grants Program
California Residential Mitigation Program
AFFH
Place-Based Strategy for Neighborhood Improvements
Anti-Displacement and Tenant Protection
Policies Implemented
H-9 Housing Preservation
H-11 Code Requirements
H-12 Prevent Deferred Maintenance
H-13 Seismic Reinforcement
Berkeley Pilot Climate Equity Fund
The Resilient Home Retrofit portion of the Berkeley Pilot Climate Equity Fund Program seeks to support building decarbonization that enhances resilience, supports occupants and reduces GHG emissions.

Many lower and moderate income (LMI) units would benefit from health, safety, efficiency, and electrification upgrades. While there are some resources to support these repairs for income qualified households, it is difficult for low income residents to access multiple programs that have different application processes and eligibility requirements. The Resilient Home Retrofit aspect of the new Berkeley Pilot Climate Equity Fund Program seeks to demonstrate how retrofit funding available to income-qualified households can be combined with other programs to leverage greater benefits, and achieve meaningful home improvements for LMI residents.

This initial funding ($250,000) for this program will be used to retrofit approximately 1 2 LMI units (multi-family and single -family), and the hope is to get additional funding after this initial pilot funding is exhausted. The City selected contractors in 2022 to establish and implement this program.

Specific Actions and Timeline
June 2023, commence program implementation, with the goal of retrofitting 12 low and moderate income units.

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Depending on program effectiveness, pursue additional funding to continue program.

Lead Department(s)/Agency OESD
Funding Source(s)
City Council authorized $600,000 from the General Fund in FY22 for the Berkeley Pilot Climate Equity Fund Program (2022-2024); $250,000 of this fund will support resilient retrofits for LMI units. Will add additional funding as it becomes available.

AFFH
Place-Based Strategy for Neighborhood Improvements
Disproportionate Housing Needs
Homes for this Program may be anywhere in Berkeley, but are most likely to be in formerly red-lined areas in South and West Berkeley.

Goal with existing funding is to retrofit 12 low and moderate income units between 2022- 2024.

Policies Implemented
H-9 Housing Preservation
H-12 Prevent Deferred Maintenance
H-14 Resource Efficiency and Climate Resilience
Berkeley Existing Buildings Electrification
(BEBE) Strategy
The BEBE Strategy identified home repair and maintenance needs that accompany building electrification as a major challenge to deca rbonizing existing residential buildings in Berkeley. The strategy seeks to transition existing buildings in Berkeley from natural gas appliances to all- electric alternatives in a way that benefits all residents, especially members of historically marginalized communities. The strategy focuses on how to equitably electrify all of Berkeley’s low-rise residential buildings.

Specific Actions and Timeline
By December 2023, complete Energy Equity for Renters Technical Assistance program with ACEEE and receive its research results. This is one implementation of BEBES that is tied to housing preservation.

Within two years of receiving research results, develop programs and policies that promote energy efficiency while protecting tenants from displacement.

By December 2025, explore funding opportunities for equity programs, including integration of electrification measures into housing protection and preservation programs, such as the City’s Senior and Disabled Home Loan Program or Section 8 housing voucher program.

Lead Department(s)/Agency OESD
Funding Source(s)
General Fund
ACEEE-funded program, with foundation support

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AFFH
Place-Based Strategy for Neighborhood Improvements
Disproportionate Housing Needs
Anti-Displacement and Tenant Protection
Neighborhoods most targeted would be those with the largest proportion of renters in older buildings: Southside, Central Berkeley, and West and South Berkeley. Goal with existing funding is to retrofit 15 low and moderate income homes between 2022-2024 Policies Implemented
H-9 Housing Preservation
H-12 Prevent Deferred Maintenance
H-14 Resource Efficiency and Climate Resilience
Building Emissions Saving Ordinance (BESO)
Berkeley’s Building Emissions Saving Ordinance (BESO) requires building owners and homeowners, at the time of listing a property for sale, to complete and publicly report comprehensive energy assessments with tailored recommendations on how to save energy, eliminate fossil fuels and link building owners to incentive programs for energy efficiency and electrification upgrades.

Specific Actions and Timeline
Annually: On average, around 400 buildings complete BESO assessments each year.

By December 2025, amend ordinance to update requirements for building upgrades.

Lead Department(s)/Agency OESD
Funding Source(s) General Fund
AFFH
Place-Based Strategy for Neighborhood Improvements
Disproportionate Housing Needs
BESO applies to homes anywhere in the City of Berkeley; distribution of eligible homes is dependent on the geography of home listings.

Policies Implemented
H-9 Housing Preservation
H-12 Prevent Deferred Maintenance
H-14 Resource Efficiency and Climate Resilience
BayREN Single-Family Homes and Multi-Family
Homes Programs
The City of Berkeley actively promotes participation in this technical assistance, rebate, and financing program for renovation projects improving health, comfort, utility costs, and resilience. Higher energy burdens have real implications on the health and wellbeing, and housing stability for families and individuals. These programs include energy efficiency measures that reduce energy burden on

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low and moderate income residents. BayREN provides technical assistance, rebates, financing for energy efficiency and electrification projects that are recommended by BESO assessments and currently promoted by Berkeley for voluntary upgrades. Berkeley tracks BayREN rebate receivers as a performance metric. The City has program influence and has been successful in re cruiting participants for the program, particularly through BESO.

Specific Actions and Timeline
Annually during the 2023-2031 period:

Continue to assist in recruiting participants to BayREN’s rebate programs through BESO and other outreach, with the goal of assisting at least 75 single-family homes and 125 multi-family dwelling units annually in receiving BayREN incentives for qualifying renovations (or 600 single-family homes and 1,000 multi-family dwelling units over eight years).

Lead Department(s)/Agency OESD
Funding Source(s) BayREN is funded by utility ratepayer funds through the California Public Utilities Commission, as well as other sources.

AFFH
Place-Based Strategy for Neighborhood Improvements
Disproportionate Housing Needs
Targets neighborhoods with the greatest proportion of homes in need of energy efficiency, health, and safety retrofits; most likely to be in areas with older, less maintained homes, such as Southside, Central, West, and South Berkeley. Goal is to get 75% of total BayREN projects in these neighborhoods (so 450 single-family homes and 750 multi-family dwelling units over eight years)
Policies Implemented
H-9 Housing Preservation
H-12 Prevent Deferred Maintenance
H-14 Resource Efficiency and Climate Resilience
Priority Development Areas (PDAs), Commercial
and Transit Corridors
San Pablo Avenue PDA Specific Plan – The City will be developing a San Pablo Avenue Corridor PDA Specific Plan, which will study allowed densities and/or development capacity, design standards, public improvements, and mechanisms to incentivize affordable housing. The Housing Element sites inventory identifies 64 sites completely or partially within the San Pablo Avenue PDA, accounting for a total of 3,429 anticipated units (665 very low income, 599 low income, 353 moderate income, and 1,812 above moderate income units). As part of the San Pablo Specific Plan, the team will also study live/work or other innovative “all-use building” strategies. The specific plan process kicks- off in December 2022.

Southside Plan Area – The City will also be pur
suing zoning map and development standard
amendments in the Southside Plan Area, which comprises a portion of the Telegraph PDA. These proposed zoning modifications are intended to increase housing capacity and production in the

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Southside through c hanges in a targeted number of zoning parameters: building heights, building footprints (including setbacks and lot coverage), parking, ground -floor residential use, and adjustments to the existing zoning district boundaries. Under existing zoning, the Housing Element identifies 21 sites in the Southside Plan area, accounting for a total of 752 anticipated units (44 very low income, 38 low income, 150 moderate income, and 520 above moderate income units. This Southside zoning modification program proposes a mendments that could facilitate an additional 1,000 units compared to existing zoning and sites inventory capacity.

Land Use, Safety, and Environmental Justice Element Update - The City will evaluate zoning map and development standards to accommodate housing capacity and growth on transit and commercial corridors, particularly in the highest resource neighborhoods. An update to the City’s Land Use Element, Safety Element, and Environmental Justice Element will be conducted in tandem with this effort.

Specific Actions and Timeline
By December 2024, complete Telegraph PDA/Southside Plan Area zoning map amendments and up-zoning.

By December 2025, develop and adopt the San Pablo PDA Specific Plan. Conduct analysis, public and stakeholder engagement, and policy options, including zoning and General Plan amendments.

By December 2026, update Land Use, Safety, and Environmental Justice Elements of the General Plan to accommodate greater housing capacity on commercial and transit corridors, and revise the City’s zoning map and development standards to be consistent.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund, ABAG/MTC PDA Planning Grant AFFH
New Opportunities in High Resource Areas
Targeted outreach to Southside Area residents and UC students Policies Implemented
H-16 Medium and High-Density Zoning
H-17 Transit-Oriented New Construction
H-19 Regional Housing Needs
H-22 Inter-Jurisdictional and Regional Coordination
H-33 Reduce Governmental Constraints
H-35 Incentivize Affordable Housing
BART Station Area Planning
The City and the San Francisco Bay Area Rapid Transit District (BART) are collaborating to advance equitable transit-oriented development (TOD) at the Ashby and North Berkeley BART station areas.

The development of the Ashby and the North Berkeley BART station sites is a multi-year, multi-phase process, including ongoing community engagement. The preliminary planning stage has focused on milestones outlined in the March 2020 MOU to prepare to issue Requests for Qualifications (RFQs)

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for potential developer teams for the two sites . These milestones include: a provisional reservation by the City Council to reserve $53 million of City affordable housing funding for the two sites (completed April 2021), adoption of zoning consistent with AB 2923 (completed June 2022) and a City-BART Joint Vision and Priorities document based on City and BART adopted policies and plans and a community process that included a Council-appointed Community Advisory Group.

List of City Actions:

The City of Berkeley’s roles, responsibilities and actions throughout the development process for the Ashby and North Berkeley BART station areas include the following:
• Review project applications and process entitlements. • Commit funding from the City’s bond measure revenues and Affordable Housing Trust Fund toward affordable housing pre-development and development costs. • Assist the selected developer teams to secure additional funding for affordable housing. • Work with BART to secure grants to advance Adeline Street roadway redesign. • Conduct and/or support robust community engagement during the development process. • Support the Berkeley Flea Market through the planning and construction process at Ashby BART station.

The City is relying on private and non-profit developers and BART to ensure that the project proceeds within the expected schedule. If for any reason the development of either site is halted during the 6th cycle period, or insufficient progress is made by January 2026, the City will identify alternative opportunity sites to ensure the City complies with SB 166 (No Net Loss) – see Program 36 -Adequate Sites for RHNA and Monitoring.

Specific Actions and Timeline
June 2022, the City adopted zoning and associated General Plan amendments consistent with AB 2923; adopted City – BART Joint Vision and Priorities for Transit- Oriented Development at the Ashby and North Berkeley BART Station Areas and certified EIR on these documents. The goal for development for both stations is by 2031.

As stipulated in the June 2022 City and BART MOA, the next milestones include:
• July 2022 – Complete. Developer Request for Qualification (RFQ) and City of Berkeley Notice of Affordable Housing Funding (NOFA)
• November 2022. Right-Of-Way Redesign Options for Adeline Street at Ashby BART Station to City Council
• December 2022. Developer selection for the North Berkeley BART station area. • February 2023. City Affordable Housing Funding (Predevelopment Funding Award) • April 2023. Exclusive Negotiating Agreement (ENA) execution with North Berkeley BART selected developer team.
• June 2023. An amended Memorandum of Agreement (MOA) for the Ashby BART Station. The amended MOA will include a refined timeline for the developer solicitation process. Structure of the developer solicitation process and project requirements and community benefits are currently in process of being negotiated between the City and BART.
• August 2023. City and BART issue a solicitation for developer selection for Ashby BART.

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• December 2023. Development and adoption of Objective Design Standards for North Berkeley BART.
• December 2027. Entitlement for development project(s) at North Berkeley BART.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH
Place-Based Strategy for Neighborhood Improvements
BART’s TOD Performance Targets prioritize below market rate units for low and very low income households and transit dependent populations. Complete streets and active transportation improvements are underway at North Berkeley BART.

Policies Implemented
H-17 Transit-Oriented New Construction
H-19 Regional Housing Needs
H-22 Inter-Jurisdictional and Regional Coordination
H-35 Incentivize Affordable Housing
Middle Housing
The City is currently in the process of amending the Zoning Code and applicable objective development standards to encourage and promote a mix of dwelling types and sizes, particularly infill and converted existing housing in high resource neighborhoods, as described in Section E3 and E4 of App endix E Affirmatively Further Fair Housing. The zoning updates would allow for by- right multi-unit development on one lot to encourage housing for middle - and moderate -income households and increase the availability of affordable housing in a range of sizes to reduce displacement risk for residents living in overcrowded units or experiencing high housing cost burden.

While not included in the City’s sites inventory because the placement of future Middle Housing is unknown,
m odeling conducted by the Terner C enter10 indicates that the City of Berkeley could anticipate approximately 1,100 new market-feasible units through SB 9. Using HCD’s 70th percentile methodology, the Housing Element assumes 770 additional units distributed throughout the lower density residential districts for the 2023 -2031 period. Additionally, based on current development trends and anticipated zoning changes, 975 additional units are projected throughout the R -1A, R-2, R-2A and MU-R districts for a total of 1,745 middle housing units in the 2023-2031 period.

10 July 21, 2021. Terner Center. https://ternercenter.berkeley.edu/wp-content/uploads/2021/08/Terner-Center-SB9- model-jurisdiction-output.xlsx

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To facilitate middle housing and encourage more affordable units, the City will also introduce a reduced inclusionary housing fee for middle housing projects with less than 12,000 gross square feet (GSF), with a sliding scale increase for projects with floor areas between 0 and 12,000 GSF.

Specific Actions and Timeline
By June 2023, amend Affordable Housing Fee schedule to introduced a sliding scale for projects with less than 12,000 gross square feet (see also Program 3 -Citywide Affordable Housing Requirements).

By December 2023, amend Zoning code to allow multi-unit development on one lot in the lower density districts: R-1, R-1A, R-2, R-2A, and MU-R districts.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH
New Opportunities in High Resource Areas
Anti-Displacement and Tenant Protection
Targeted outreach in lower density Residential districts: R-1, R-1A, R-2, R-2A, and MU-R Policies Implemented
H-4 Economic Diversity
H-10 Naturally Affordable Housing
H-32 Middle Housing
H-33 Reduce Governmental Constraints
H-34 Streamlined Review Process
Accessory Dwelling Units
The City will continue to implement Chapter 23.306 of the Berkeley Municipal Code (Zoning) to allow accessory dwelling units by right Citywide. The City will monitor the latest hazard and risk science and assessments for natural and manmade hazards in Berkeley. The City will amend the local ADU ordinance based on revised statutory requirements , such as AB 2221 and SB 897, and may modify ADU development standards based on changing understanding of conditions of risks and hazards.

The City will facilitate ADU production by:
• Prioritizin g accessory dwelling unit permit applications; • Promote ADU standards by including information on the City’s website and making fact sheets available at the City’s permit counter; and
• Providing one dedicated ADU planner to respond to questions and offering office hours and other educational programs for those interested in creating ADUs. • Monitoring ADU permit progress annually to ensure that anticipated RHNA progress is being met (average 75 ADUs or JADUs per year, or 600 units over eight years).

Specific Actions and Timeline
By June 2023, provide contact info for dedicated ADU planner on the City’s ADU webpage.

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By December 2023, amend the City’s local ADU ordinance based on revised statutory requirements.

By December 2025, assess if ADU production is on the trajectory to meet RHNA assumptions. If not, identify additional efforts needed (including, but not limited to, rezoning or pre-approved building plans) to incentivize ADUs.

Annually: Update ADU webpage to ensure information addresses questions raised by applicants
Annually: Provide update on ADU permit progress to Planning Commission and City Council
Throughout the 2023-2031 period: Coordinate ADU policies with the Community Wildfire Protection Plan (CWPP) and Fire Department Standards of Coverage assessment.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH New Opportunities in High Resource Areas
Policies Implemented
H-10 Naturally Affordable Housing
H-18 Accessory Dwelling Units
H-20 Monitoring Housing Element Progress
H-34 Streamlined Review Process
Zoning Code Amendment: Special Needs
Housing
The City will update the Zoning Code to align with required State laws for special needs housing:
• Lanter man Act. Remove minimum parking requirement for non-resi dent employees to ensure
that development standards do not constrain the development of residential care facilities. • AB 101. Low Barrier Navigation Center must be permitted by-right where multi-family residential land use is permitted.
• AB 2162. Supportive housing must be permitted by-right where multi-family and mixed-use residential development is permitted, if:
• At least 25% of the units in a development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population; or
• If the development consists of fewer than 12 units, then 100 percent of the units restricted to residents in supportive housing who meet criteria of the target population. • Health and Safety Code Section 17021. Any employee housing providing accommodations for six or fewer employees is deemed a single-family structure with a residential land use designation. For the purpose of all local ordinances, employee housing cannot be included

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within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling.
• AB 2339. Identify commercial zones where emergency shelters are permitted by right depending on size, subject to the following regulations:
• Sites identified for emergency shelters must be in areas where residential use is permitted or otherwise suitable, and connected to services; and • Emergency shelters meeting objective standards shall be approved. • Household (Family) Definition. Revise the definition to simplify that households are characterized by one or more persons with common access and use of all living, kitchen, and eating areas within a dwelling unit, while maintaining distinction from other residential arrangements such as Dormitory or Group Living Accommodation.

Specific Actions and Timeline
By December 2023, review and adopt new zoning provisions and definitions to align land use standards with State law requirements for special needs housing.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH Housing Mobility
Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-27 Persons with Disabilities
H-28 Emergency Shelters and Transitional and Supportive Housing H-34 Streamlined Review Process
By-Right Approval on Reused Sites for Affordable
Housing
Pursuant to AB 1397 passed in 2017, the City will amend the Zoning Code to provide by- right approval of housing development in which the project includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the Sixth Cycle Housing Element RHNA that represent “reused opportunity sites” from previous Housing Element cycles. The “reused” sites are specifically identified in the inventory and will be identified and monitored in a publicly accessible map.

Specific Actions and Timeline
By December 2023, amend the Zoning Code to provide by-right approval of projects with 20 percent lower income units on opportunity sites that are reused from the previous Housing Element cycles. In the meantime, the city applies the law in a manner that supersedes local zoning.

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By December 2023, create an additional GIS layer in the public facing Community Map portal to identify all Sites Inventory sites, with a color to identify the reused opportunity sites that must be approved by-right for 20 percent lower income units. As projects are entitled, permitted, and constructed, the GIS layer must be updated, by unit count and affordability categories.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH New Opportunities in High Resource Areas
Policies Implemented
H-1 Extremely Low, Very Low, Low and Moderate-Income Housing H-4 Economic Diversity
H-20 Monitoring Housing Element Progress
H-33 Reduce Governmental Constraints
H-34 Streamlined Review Process
H-35 Incentivize Affordable Housing
Zoning Code Amendment: Residential
The City will study and develop residential objective standards to provide clarity and predictability for State-streamlined projects (e.g., SB 35, AB 1397) and reduce reliance on the use permit process and non-detriment findings by replacing them with new objective standards.

The proposed Zoning Ordinance amendments would create or modify objective standards to increase residential development potential, including but not limited to, increasing building height, coverage, floor area ratio, and re
ducing setbacks and building separation, and allowing for more flexibility in the calculation and configuration of open space. In addition, the Berkeley zoning code currently does not contain a minimum or maximum density standard expressed in “units per acre” for the majority of its residential and mixed -use zoning districts. While the zones have no density caps, a minimum density threshold can ensure adequate baseline capacity to meet RHNA targets and achieve Housing Element compliance.

The City wil l also evaluate and m odify the standards for ground floor uses to address commercial living situations, such as live/work artist space, in order to add vibrancy along commercial corridors and incentivize vacant space conversion for residential use.

Specific Actions and Timeline
By June 2024, as part of the Multi-Unit Residential Objective Standards project, minimum densities will be applied to all residential and mixed-use developments with five or more units.

By December 2025, develop and amend the Zoning Ordinance to adopt Objective Design Standards for residential and mixed use developments in order to facilitate streamlined projects for larger (e.g. 10+ units) housing projects in higher density

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districts (e.g. R-3, R-4, and commercial districts), and commercial living situations, such as live/work units.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH
Place-Based Strategy for Neighborhood Improvements
New Opportunities in High Resource Areas
Policies Implemented
H-19 Regional Housing Needs
H-33 Reduce Governmental Constraints
H-34 Streamlined Review Process
Permit Processing
Delays in processing development applications can increase the costs of development. The City plans to update its Planning and Building technology systems, including digital permitting s oftware and inspections software, to allow access to all applications and processes online and reduce time and cost for the applicant and the City.

To provide additional transparency regarding project permit status, the City will maintain its permit trac
king software so that permit status and completeness determination are available publicly and kept up-to-date.

In August 2022, for app
lications where a CEQA exemption or other form of CEQA environmental review is recommended to the decision- making body, the City has revised and implemented a new Application Completeness template to inform applicants of their applicable CEQA pathway, including whether the project meets the criteria for Categorical Exemption or requires additional analysis to determine the level of CEQA review needed. The letter states that staff will recommend the level of CEQA review for the project within 30 days of the application being deemed complete.

In addition, in conjunction with Program 33 - Zoning Code Amendment: Residential to create or modify residential objective development standards , the City will analyze and develop permitting processes that seek to reduce entitlement and permit processing time, increase certainty for applicants by removing subjective judgements from project approvals, and reduce administrative costs and burden associated with qualitative justifications for discretionary review. Ordinance amendments include increasing the thresholds for discretionary review and eliminating post entitlement hearings, such as a Final Design Review.

Specific Actions and Timeline
By June 2023, functionality will be added to the permit tracking software and the Planning Department website to provide on-demand reporting of project status, which will include up to date completeness, CEQA and other actions.

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By June 2024, the City will conduct a needs assessment, develop an RFP for the Planning and Building permit and records management systems, and hire a consultant to implement a software upgrade.

By December 2025, as part of the Objective Design Standards effort (Program 33 - Zoning Code Amendment: Residential), City staff will also develop Zoning Ordinance amendments to update entitlement processes to increase the thresholds for discretionary review of residential and mixed-use residential projects for City Council consideration.

By December 2027, the City will implement the updated permit tracking software and continually maintain permit statuses and monitor project progress.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH n/a
Policies Implemented
H-20 Monitoring Housing Element Progress
H-33 Reduce Governmental Constraints
Affordable Housing Overlay and Southside Local
Density Bonus
The City will analyze the feasibility and effectiveness of an Affordable Housing Overlay and Southside Local Density Bonus.

A local density program in the Southside would allow a project sponsor to meet the affordable housi
ng requirement by payin g an in -lieu fee into the City’s Housing Trust Fund. As proposed in a May 2017 City Council Referral, the funds raised by such projects would be used to fund housing for extremely low-income households (30% AMI or less), who may not qualify for typical inc lusionary units, while encouraging much-needed student housing near campus.

An Affordable Housing Overlay would streamline approval of 100 percent affordable development projects and permi
t increases in achievable floor area and density through raised hei ght limits, lot coverage, and/or floor area ratio (FAR) in higher density residential and commercial zoning districts.

As part of the Affordable Housing Overlay and Southside Local Density Bonus project, City staff will conduct targeted outreach in neighborhoods where the incentives would apply, including areas around downtown and the UC Berkeley campus, and along and adjacent to major commercial corridors.

Specific Actions and Timeline
By December 2024, adopt a local density bonus program in the Southside, concurrent with the Zoning Ordinance amendments proposed for the Southside in Program 27 - Priority Development Areas (PDAs), Commercial and Transit Corridors.

By December 2025, adopt an Affordable Housing Overlay Density Bonus, concurrent with the residential financial feasibility study (Program 3 -Citywide Affordable Housing

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Requirements), Residential Objective Design Standards (Program 33 -Zoning Code Amendment: Residential), and the General Plan Land Use Element Update Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH
New Opportunities in High Resource Areas
Targeted outreach in downtown, Southside, and major commercial corridors Policies Implemented
H-2 Funding Sources
H-3 Permanent Affordability
H-4 Economic Diversity
H-6 Low-Income Homebuyers
H-16 Medium and High-Density Zoning
H-21 University of California
H-24 Homeless Housing
H-33 Reduce Governmental Constraints
H-34 Streamlined Review Process
H-35 Incentivize Affordable Housing
Adequate Sites for RHNA and Monitoring
The City of Berkeley has been allocated 8,934 units (2,446 very low income, 1,408 low income, 1,416 moderate income, and 3,664 above moderate income units). Based on projected ADUs, BART station area planning (Program 28 -BART Station Area Planning) and entitled projects, the City has met 4,090 of its RHNA. An additional 4,773 units are included in projects currently under review for anticipated based on pre-application submittals. Based on existing uses, zoning and development standards, the City has identified an inventory of sites with potential for redevelopment over the eight year planning period to accommodate 6,290 units (3,002 lower income, 1,867 moderate income, and 1,421 above moderate income units), adequate to address the remaining RHNA.

As part of Program 34 -Permit Processing , the City will be investing in its Planning and Building technology systems. The updated permit tracking software will enable the City to more easily monitor project progress, as well as identify approved projects that have not advanced to construction within the typical 3-4 year timeframe.

To ensure that the City comply with SB 166 (No Net Loss), the City will monitor the consumption of residential and mixed use acreage to ensure an adequate inventory is available to meet the City’s RHNA obligations. To ensure sufficient residential capacity is maintained to accommodate the RHNA, the City will develop and implement a formal ongoing (project -by-project) evaluation procedure pursuant to Government Code Section 65863. Should an approval of development result in a reduction of capacity below the residential capacity needed to accommodate the remaining need for

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lower in come households, the City will identify and if necessary, rezone sufficient sites to accommodate the shortfall and ensure no net loss in capacity to accommodate the RHNA.

Specific Actions and Timeline
Within 3 months of a certified Housing Element, the City will publish an inventory of the available sites for residential development and provide it to prospective residential developers.

Annually: The City will publish a list of entitled projects to facilitate market-driven transactions to advance development.

By January 2026: Assess the 3-year development progress of entitled and pipeline sites, and implement a formal evaluation procedure pursuant to Government Code Section 65863 to monitor the development of vacant and nonvacant sites in the sites inventory and ensure that adequate sites are available to meet the remaining RHNA by income category. Should resulting development capacity be below assumed potential, the City will identify additional efforts, including but not limited to rezoning or streamlined processes, to accommodate the shortfall of sites to meet the RHNA.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH New Opportunities in High Resource Areas
Policies Implemented
H-9 Housing Preservation
H-19 Regional Housing Needs
H-20 Monitoring Housing Element Progress
Replacement Housing / Demolition Ordinance
Development on nonvacant sites with existing residential units is subject to replacement requirement, pursuant to AB 1397. Specifically, AB 1397 requires the replacement of units affordable to the same or lower income level as a condition of any development on a nonvacant site consistent with those requirements set forth in State Density Bonus Law.

The City of Berkeley is currently working on a Demolition Ordinance in partnership with the Rent Board that goes beyond the protections afforded by State and Federal legislation. Once adopted, all future development projects will be subject to these regulations.

Specific Actions and Timeline
By December 2023, update the Zoning Code to address the replacement requirements in a revised Demolition Ordinance.

Lead Department(s)/Agency Planning
Funding Source(s) General Fund
AFFH Anti-Displacement and Tenant Protection

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Policies Implemented
H-4 Economic Diversity
H-5 Rent Stabilization
H-9 Housing Preservation

5.5 AFFH ACTIONS SUMMARY
The following table summarizes the various housing program actions that have direct or indirect beneficial impacts in furthering fair housing choice.

Table 5.6: Summary of AFFH Actions
Program Action Targeting Schedule Metric
Fair Housing Outreach and Enforcement (Medium Priority) Program 6 -Fair
Housing Outreach and
Enforcement
Continue to provide fair
housing services to
residents, landlords, and
housing professionals.

Increase outreach and
education to Homeowners
Associations.

Citywide Annually Outreach to 100
residents, housing
providers, and
housing
professionals

Conduct education/training
workshops annually for
tenant-focused CBOs and
property owner associations.

Citywide with emphasis
in Central and Southern
Berkeley and areas
surrounding UC
Berkeley campus where
there are higher
proportions of LMI
households and cost
burdened renters.

Annually Conduct 9
workshops

Provide annual training
sessions on fair housing
rights and requirements to
rental property owners.

Citywide with emphasis
in Central and Southern
Berkeley and areas
surrounding UC
Berkeley campus.

Annually Provide 70 training
sessions

Conduct outreach events to
inform Berkeley residents of
their rights.

Citywide with emphasis
in Central and Southern
Berkeley where there
are higher proportions
of protected groups and
sensitive communities
at risk of displacement.

Annually Conduct 22
outreach events

Conduct tenant/landlord
mediation sessions to
resolve disputes and/or
legal problems.

Citywide Annually Conduct 10
mediation sessions

Conduct an Equity Study to
target program marketing

Citywide By 2028 Complete study and
develop targeting

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Program Action Targeting Schedule Metric
Housing Mobility (High Priority)
Program 2 -Housing
Choice Vouchers
BHA will work to expand all
areas of Berkeley with rental
housing units.

Provide targeted
outreach to educate the
community on Source of
Income protection with
the goal of increasing
acceptance of HCVs in
high resource areas.

By 2031 Increase baseline by
200 households
Program 15 -Shelter
Plus Care
Enroll new clients as
vouchers become available
due to existing clients exiting
the program

Citywide Annually 10 new clients
Program 16 -Home
Modification for
Accessibility and Safety
Assist home modifications. Targeted outreach to
areas identified by the
California Tax Credit
Allocation Committee
(TCAC) map as low or
moderate resource
census tract

Annually 13 homes
Program 17 -Accessible
Housing
Encourage residential units
to be developed with
universal design and
visitability principles in
future PBV Master Contracts
or exemptions for requiring a
modified unit to be returned
to its original state upon
vacating the unit.

Citywide By 2026 Achieve two projects
designed with
universal design
and/or visitability
principals

As part of BHA’s MTW
application addressed in
Program 1 -Affordable
Housing Berkeley, the fiscal
flexibilities include the
ability to spend up to $500
per unit to help landlords pay
for unit modifications.

Citywide By 2031 Assist 20 rental
units for unit
modifications
Program 18 -Senior /
Disabled Home
Improvement Loan
Provide interest-free loans
up to $100,000.

Citywide Annually Provide two loans
Program 19 -Housing
Condition Standards
Conduct an Annual
Inspection approximately 9
months after the initial
inspection, and every 9-10
months thereafter.

Citywide Annually All Housing Choice
Voucher units

Program 31 -Zoning
Code Amendment:

Special Needs Housing

Review and adopt new
zoning provisions to align
land use standards with
Citywide
By 2023 Achieve 5% of new
housing units as
special needs

154

Program Action Targeting Schedule Metric
State law requirements for
special needs housing.
housing in eight
years
New Opportunities in High Resource Areas (Medium Priority) Program 27 -Priority
Development Areas
(PDAs), Commercial
and Transit Corridors
Develop San Pablo PDA
Specific Plan.

San Pablo PDA By 2025 Increase new
housing
opportunities in
higher resource
areas by 2000
units.

Complete Telegraph
PDA/Southside Plan Area
zoning map amendments
and up-zoning.

Telegraph
PDA/Southside Plan
Area

By 2023
Update Land Use, Safety,
and Environmental Justice
Elements of the General Plan
to accommodate greater
housing capacity on
commercial and transit
corridors

Citywide By 2026
Program 29 -Middle
Housing
Amend Affordable Housing
Fee schedule.

Citywide By Spring 2023 Achieve 15% of new
units in higher
resource areas in
eight years
Amend Zoning code to allow
two- to four-unit
development on one lot.

Citywide By Summer 2023
Program 30 -Accessory
Dwelling Units
Facilitate development of
ADUs

Citywide Annually 100 ADUs or JADUs
Program 32 -By-Right
Approval on Reused
Sites for Affordable
Housing
Amend the Zoning Code to
provide by-right approval of
projects with 20 percent
lower income units on sites
that are reused from the
previous Housing Element
cycles.

Citywide By January 2024 Achieve 20% of new
units in higher
resource areas in
eight years

Program 33 -Zoning
Code Amendment:

Residential
As part of the Multi-Unit
Residential Objective
Standards project, minimum
densities will be applied to
all residential and mixed-use
developments with five or
more units.

Citywide By 2024 Achieve 20% of new
units in higher
resource areas in
eight years

Develop Objective Design
Standards for residential and
mixed use developments.

Citywide By 2026

Program 35 -Affordable
Housing Overlay and
Southside Local Density
Bonus
Adopt an Affordable Housing
Overlay Density Bonus,
concurrent with the
residential financial
feasibility study, Residential
Objective Design Standards,
Targeted outreach in
downtown, Southside,
and major commercial
corridors

By 2026 Achieve 20% of new
units in higher
resource areas in
eight years

155

Program Action Targeting Schedule Metric
and the General Plan Land
Use Element Update
Program 36 -Adequate
Sites for RHNA and
Monitoring
Provide an adequate
inventory of sites for RHNA
Citywide By 2024 Implement a formal
evaluation
procedure to
monitor the
development of
opportunity sites
and provide it to
prospective
residential
developers.

Place-Based Strategies for Neighborhood Improvements (High Priority) Program 8 -Rental
Housing Safety
Expand proactive
inspections program.

Citywide with emphasis
in Central and Southern
Berkeley neighborhoods
where there are higher
proportions of renters
and aging housing
units.

By 2023 Inspect every
building during a 5-
year cycle

Program 13 -Homeless
Services
Establish programs and
services
People’s Park
Telegraph Avenue
District

By 2025 Increase capacity
for housing the
homeless by 43
beds/persons at
Golden Bear Inn

Increase capacity
for housing the
homeless by 43
beds/persons at the
Rodeway

Serve an average of
15-25 unhoused
persons the drop-in
center daily

Maintain
transitional housing
for 12 transition
aged youth at 3404
King Street

Program 20 -Livable
Neighborhoods
Expand Neighborhood
Services Code Enforcement.

Southside By 2023 One additional
office

Update implementation of
the Group Living
Accommodations (GLAs)
Ordinance.

Citywide By 2022 Implement new
process

Program 21 -Lead-
Poisoning Prevention
Conduct an Environmental
Investigation (EI) for
presence of lead when
Target neighborhoods
which have been
identified as having one
Ongoing Perform EI within 24
hours of Public

156

Program Action Targeting Schedule Metric
peeling lead paint has been
identified or if/when a child
has elevated blood lead
levels. The average
inspection process from start
to finish should take
approximately 30 days to
complete.

or more cases of
toddlers or young
children with elevated
blood lead levels,
presumably linked to
environmental sources

Health Nurse (PHN)
referral
Program 22 -Seismic
Safety and
Preparedness Programs
Soft Story Program:

Facilitate the compliance of
the remaining. Identify
additional buildings may be
added to the inventory for
improvements.

Targeted buildings By 2025 14 remaining
buildings

Unreinforced Masonry
Ordinance: Facilitate the
retrofitting of the remaining
buildings

Targeted buildings By 2025 4 remaining
buildings
Program 23 -Berkeley
Pilot Climate Equity
Fund
Establish and implement
program.

Homes for this Program
may be anywhere in
Berkeley, but are most
likely to be in formerly
red-lined areas in South
and West Berkeley.

2022-2024 Retrofit 12 low and
moderate income
homes

Program 24 -Berkeley
Existing Buildings
Electrification (BEBE)
Strategy
Develop programs and
policies that promote energy
efficiency while protecting
tenants from displacement.

Neighborhoods most
targeted would be those
with the largest
proportion of renters in
older buildings:

Southside, Central
Berkeley, and West and
South Berkeley

2022-2024 Retrofit 15 low and
moderate income
homes

Program 25 -Building
Emissions Saving
Ordinance (BESO)

Complete BESO
assessments.

Citywide Annually 400 buildings
Program 26 -BayREN
Single-Family Homes
and Multi-Family
Homes Programs
Continue to assist in
recruiting participants to
BayREN’s rebate programs
through BESO and other
outreach.

Targets neighborhoods
with the greatest
proportion of homes in
need of energy
efficiency, health, and
safety retrofits; most
likely to be in areas with
older, less maintained
homes, such as
Southside, Central,
West, and South
Berkeley

Annually 75 single-family
homes and 125
multi-family
dwelling units

Program 28 -BART
Station Area Planning
Adopt zoning and associated
General Plan amendments
BART’s TOD
Performance Targets
By 2022
Provide opportunity
for 1,200 units;

157

Program Action Targeting Schedule Metric
consistent with AB 2923;
adopt City – BART Joint
Vision and Priorities for
Transit-Oriented
Development at the Ashby
and North Berkeley BART
Station Areas and certify EIR
on these documents.

prioritize below market
rate units for low and
very low income
households and transit
dependent populations.

35% for lower
income
Anti-Displacement and Tenant Protection (High Priority) Program 3 -Citywide
Affordable Housing
Requirements
Adopt a Resolution
addressing regulations for a
voucher program and
establishing an in-lieu fee
pursuant to BMC Section

23.328.020(A)(2).

Citywide By 2023 Achieve 40% of
inclusionary low-
income units

Program 4 -Housing
Trust Fund
Utilize HTF to gap finance
affordable housing
development

Citywide with emphasis
at BART stations

By 2031 Fund a minimum of
500 units of
nonprofit affordable
housing.

Fund a minimum of
35% affordable
housing at Ashby &
North Berkeley
BART.

Program 5 -
Preservation of At-Risk
Housing
Monitor status of the at-risk
project.

Citywide Annually Preserve all 92 at-
risk units
Program 7 -Rent
Stabilization and
Tenant Protection
Continued enforcement of
Rent Stabilization Ordinance
Citywide Annually Maintain 19,000
rent stabilized units
to the extent
possible. Pursue
additional
affordable housing
opportunities to
mitigate the impact
of the Ellis Act.

Program 9 -Tenant
Survey
Conduct Tenant Survey. Citywide By 2022 Collect data for formulating policy
changes

Program 10 -Housing
Preference Policies
Adopt a housing preference
policy.

Citywide By 2023 Rehouse displaced
residents
Program 11 -Rental
Assistance
Provide rental assistance. Citywide with emphasis
in Central and Southern
Berkeley neighborhoods
and areas surrounding
UC Berkeley campus
where cost burdened
Annually 50-75 new
households

158

Program Action Targeting Schedule Metric
renter populations are
most prevalent.

Program 12 -Workforce
Housing
Assist in the development of
workforce housing, with a
preference for BUSD
employees.

Citywide By 2028 110 units
Program 14 -Housing
for Homeless Persons
with Disabilities
Assist in the development of
a very low-income housing
project
Citywide Begin construction
in 2023/2024

119 units
Program 37 -
Replacement Housing /
Demolition Ordinance
Update the Zoning Code to
address the replacement
requirements in a revised
Demolition Ordinance.

Citywide By Summer 2023 Achieve
replacement of all
affordable units
demolished

5.6 QUANTIFIED OBJECTIVES
State law (Government Code Section 65583[b]) requires that the Housing Element contain quantified objectives for the maintenance, preservation, improvement, and development of housing. The quantified objectives are separate from the City’s sites inventory capacity detailed in Section 5.1 Summary of Land Available for Housing.

State law recognizes that the total housing needs identified by a community may exceed available resources and the community’s ability to satisfy this need. Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall, however, establish the target number of housing units by income category that can be constructed, rehabilitated, and conserved over the eight-year planning period.

For the 2023 -2031 Housing Element planning period, the City has established the following quantified objectives for the number of units —by income level —likely to be constructed, rehabilitated, or conserved based on the programs described above and existing and anticipated resources.

Table 5.7: Summary of Quantified Objectives (2023 -2031)

Extremely
Low
Very Low Low Moderate Above
Moderate
Total
RHNA 1,614 832 1,408 1,416 3,664 8,934
Construction 331 1009 831 204 8,580 10,755
Entitled Projects since 2018 - 133 163 9 1,785 2,090
Pipeline Projects (Under Review) - 84 32 11 1,432 1,559 Pipeline Projects (Pre-Application) - 353 113 30 2,567 3,063 Program 4 -Housing Trust Fund 107 213 213 - - 533

159

Extremely
Low
Very Low Low Moderate Above
Moderate
Total
Program 28 - BART Station Area Planning 84 126 210 - 780 1,200 Program 29 -Middle Housing - - - 154 616 770
Program 30 -Accessory Dwelling Units - - - - 600 600
Program 13 -Homeless Services 140 - - - - 140
Program 27 -Priority Development Areas
(PDAs), Commercial and Transit Corridors
- 80 80 - 640 800
Rehabilitation 115 27 132 16 200 490
Program 2 -Housing Choice Vouchers 98 - - - - 98
Program 4 -Housing Trust Fund 17 27 28 - - 72
Program 16 -Home Modification for
Accessibility and Safety
- - 104 - - 104
Program 18 -Senior / Disabled Home
Improvement Loan
- - - 16 - 16
Program 19 -Housing Condition
Standards
- - - - 200 200
Conservation 66 66 20 20 20 192
Program 5 -Preservation of At-Risk
Housing
46 46 - - - 92
Program 6 -Fair Housing Outreach and
Enforcement
20 20 20 20 20 100
TOTAL 512 1,082 963 240 8,640 11,437
Pursuant to AB 2634, in estimating the number of extremely low -income households, a jurisdiction can apportion the very low -income figure based on Census data. As shown in Table 3.8: Hous ehold Income by Tenure, extremely low - and very low -income households total 14,565 households, with extremely low-income households comprising 66 percent of the 14,565 households. Therefore, the City’s very-income R
HNA of 2,446 can be split into 1,614 extremely low -income and 832 very low - income units.

Construction of units are based on projected development trends and anticipated economic conditions. Actual housing production relies on the private, non- profit, and public housing development community, as well as property owner decisions, market conditions, and other factors that are outside of the control of the City. Ongoing operations subsidies are necessary for extremely low income units, which have historically been underfunded at the State and Federal level.

The Rehabilitation objective for the eight-year planning period are based on the HTF guidelines and the number of rehabilitated units funded by the HTF in the past, as well as based on the past performance of Berkeley’s rehabilitation programs. Condominium conversions are assumed to be in

160

the above moderate-income category. Senior and Disabled Home Loans are in the moderate -income category. All others are assumed to rehabilitate housing for low-income households.

Housing Trust Fund ELI 107 units (9 units / year)
VLI 213 units (18 units / year)
LI 213 units (18 units / year)
Home Rehabilitation (CESC and Rebuilding Together) LI 104 units (13 units / year) Senior and Disabled Home Loans Mod 16 units (2 units / year) The Conservation objective represents the conservation of the 92 units at risk of converting to market rate through the City’s Program 5 -Preservation of At-Risk Housing and 100 units protected through targeted outreach and counseling services to tenants and landlords through the City’s Program 6 -Fair Housing Outreach and Enforcement.

APPENDIX A
Publicly Assisted
Housing
Deed Restricted Units at Risk of Conversion to Market Rate……… …. A-1

Deed Restricted Units Not at Risk of Conversion to Market Rate…… A-1

A-1

The City of Berkeley partners with non-profit and for-profit developers to create affordable housing units. To apply to live in an affordable housing unit, interested parties can find an available unit through the Alameda County Housing Portal or contact affordable housing providers listed on the City of Berkeley’s website to find out if there are open units or sign up on a waitlist. • City of Berkeley Affordable Housing Website: https://berkeleyca.gov/community-recreation/affordable-housing- berkeley/affordable-housing-resources
• Alameda County Housing Portal: https://housing.acgov.org/ Table A - 1: Deed Restricted Affordable Units
Property Name Target
Population
Address Extremely
Low
Income
Very Low
Income
Low
Income
Moderate
Income
Total
Affordable
Affordability
Expiration1
Units At Risk of Conversion to Market Rate
Lawrence Moore Manor Renters 1909 Cedar St. 0 45 0 0 45 Annual Renewal
Stuart Pratt Manor Seniors 2020 Durant Ave. 0 43 0 0 43 Annual Renewal
Units Not At Risk of Conversion to Market Rate
2214 Martin Luther King Jr Renters 2214 Martin Luther King Jr 0 2 0 0 2 In Perpetuity 2319-23 Shattuck Renters 2319 Shattuck 0 2 0 1 3 In Perpetuity 2801 Cherry Renters 2801 Cherry St. 0 0 1 0 1 In Perpetuity 4th & U Apartments Renters 2020 4th Street 0 16 0 15 31 In Perpetuity Acton Courtyard Renters 1392 University Avenue 0 15 5 50 70 In Perpetuity Allston Place Renters 2161 Allston Way 0 6 6 0 12 In Perpetuity Aquatic III Renters 2000-2010 Fifth Street 0 12 0 0 12 In Perpetuity Aquatic II Renters 814 University 0 4 0 0 4 In Perpetuity Aquatic Renters 2001 5th St 0 4 0 0 4 In Perpetuity
Avalon Berkeley Renters Addison Street 651 0 8 6 0 14 In Perpetuity Aventerra Apts. Renters 2700 San Pablo Ave. 0 3 3 0 6 In Perpetuity Bachenheimer Apts Renters 2119 University Avenue 0 4 3 0 7 In Perpetuity Berkeley Central Renters 2055 Center Street 0 12 0 11 23 In Perpetuity Blake Berkeley Renters 2035 Blake 0 4 0 0 4 In Perpetuity Campanile Court (1122U) Renters University, 1122-1132 0 4 9 0 13 In Perpetuity Garden Village Renters 2201 Dwight 0 7 0 0 7 In Perpetuity Heinz, 800 Renters Heinz, 800 0 3 15 0 18 In Perpetuity Higby Renters 3015 San Pablo 0 8 7 0 15 In Perpetuity
Hillside Village LLC Renters 1797-1801 Shattuck Avenue 0 10 0 11 21 In Perpetuity Jones Berkeley Renters 1500 San Pablo Street 0 16 0 0 16 In Perpetuity K Street Flats Renters 2020 Kittredge Street, St. D 0 0 35 0 35 In Perpetuity Martin Luther King Way, 2500 Renters Martin Luther King Way, 2500 0 0 2 0 2 In Perpetuity Modera Berkeley Renters 2133 University Avenue 0 6 0 0 6 In Perpetuity

A-2

Property Name Target
Population
Address Extremely
Low
Income
Very Low
Income
Low
Income
Moderate
Income
Total
Affordable
Affordability
Expiration1
New Californian Renters Martin Luther King Way, 1950 0 11 11 0 22 In Perpetuity Parker Place Renters Parker St, 2037 & 2038 / Shattuck
2598-2600
0 15 16 0 31 In Perpetuity
Regent Terrace Renters 2597 Telegraph Ave. 0 1 0 0 1 In Perpetuity Standard Berkeley Renters 2580 Bancroft Way 0 11 0 0 11 In Perpetuity Shattuck, 1385 Renters Shattuck, 1385 0 0 0 8 8 In Perpetuity Stadium Place Renters 2310 Fulton St. 0 7 8 0 15 In Perpetuity Sterling Addison (ARTech) Renters 2002 Addison Street 0 1 0 4 5 In Perpetuity Sterling Allston (Gaia) Renters 2116 Allston Way 0 9 9 0 18 In Perpetuity Sterling Haste (Fine Arts) Renters 2110 Haste Street 0 0 10 10 20 In Perpetuity Sterling Jefferson (Renaissance Villas) Renters 1627 University Avenue 0 0 0 6 6 In Perpetuity Sterling Oxford (Berkeleyan) Renters 1910 Oxford Street 0 6 5 0 11 In Perpetuity Sterling University Ave (Touriel) Renters 2006 University Avenue 0 4 3 0 7 In Perpetuity Stonefire Renters 2010 Milvia Street 0 8 0 0 8 In Perpetuity Stranda Renters 1901 Dwight Way/2489 Martin
Luther King Jr. Way
0 0 3 0 3 In Perpetuity
Telegraph Gardens Renters 3001 Telegraph Avenue 0 3 1 2 6 In Perpetuity Telegraph, Bay Apartments Renters 2616-20 Telegraph Ave 0 2 2 0 4 In Perpetuity The Addison Renters 1950 Addison Street 0 4 0 0 4 In Perpetuity The Den Renters 2510 Channing 0 3 0 0 3 In Perpetuity
The Dwight Renters 2121 Dwight 0 9 0 0 9 In Perpetuity
The Overture Renters 1812 University 0 4 0 0 4 In Perpetuity The Panoramic Renters 2539 Telegraph 0 6 0 0 6 In Perpetuity The URSA Renters 2124 Bancroft 0 5 0 0 5 In Perpetuity
Wesley House Renters Bancroft Way, 2398 0 1 0 0 1 In Perpetuity Adeline Street Apartments Physically
Disabled/Ho
meless
3222 Adeline Street 7 11 0 0 18 2055
Ashby Lofts Renters 2909 and 2919 Ninth Street 40 13 0 0 53 2060 Berkeley 75 Renters 1521 Alcatraz, 1812 Fairview, 3016
Harper, 1605 Stuart, 2231 Eighth
70 0 4 0 74 2055
Harmon Gardens Transition-
Aged Youth
3240 Sacramento Street 0 15 0 0 15 2065
Harper Crossing Seniors 3132 Martin Luther King Jr Way 9 0 32 0 41 2071 Lorin Station Renters 3253-3269 Adeline Street 10 0 0 0 10 2078 Oxford Plaza Renters 2175 Kittredge Street 0 4 83 9 96 2062 William Byron Rumford Plaza Renters 3012 Sacramento 12 0 14 0 26 2075 Redwood Gardens Renters 2951 Derby St. 0 168 0 0 168 2047 Rosewood Manor Renters 1615 Russell St. 0 0 35 0 35 2078 1314 Haskell Street Ownership 1314 Haskell Street 0 0 0 3 3 2055

A-3

Property Name Target
Population
Address Extremely
Low
Income
Very Low
Income
Low
Income
Moderate
Income
Total
Affordable
Affordability
Expiration1
1320 Haskell Street Ownership 1320 Haskell Street 0 0 0 5 5 2055 2012 Berkeley Way_01_PH Renters 2012 Berkeley Way 57 0 0 0 57 2077 2012 Berkeley Way_02_PSH Homeless/F
ormerly
Homeless
2012 Berkeley Way 29 0 0 0 29 2077
2012 Berkeley Way_03_TH Homeless/F
ormerly
Homeless
2012 Berkeley Way 44 0 0 0 44 2077
Addison Court Housing Cooperative Renters 1135 Addison Street 10 0 0 0 10 2051 Alcatraz Apartments Renters 1900 Alcatraz Avenue 3 4 1 5 8 2052 Allston Commons Renters 2203-2207 Sixth Street 0 3 9 0 12 2049 Allston House Renters 2121 Seventh Street 0 28 0 0 28 2064 Amistad House Seniors 2050 Delaware Street 12 0 47 0 59 2064 Ashby Apartments Renters 1317 Ashby Avenue 6 0 0 0 6 2049 Ashby Court Apartments Renters 1222-1228 Ashby Avenue 0 20 0 0 20 2052 Ashby Studios Renters 1303-1311 Ashby Avenue 0 0 6 0 6 2049 BFHP - Transitional House Shelter,
Homeless /
Formerly
Homeless
2140 Dwight Way 0 14 0 0 10 2053
Blake Street 1340 n/a 1340-1348 Blake Street 1 0 4 0 5 2074 Bonita House Mental
illness/
Substance
Treatment
1410 Bonita Avenue 15 0 0 0 15 2055
BuiLD, Inc Adults with
Severe
Mental/Phys
ical
Disabilities
2110 Seventh Street 0 0 6 0 6 2057
California Street 2425 Renters 2425 California Street 1 1 3 1 6 2055 Casa Buenos Amigos Hsg Cooperative Renters 3011 Shattuck Avenue 0 1 3 0 4 2055 Channing House Renters 1843-1849 Channing Way 4 0 0 0 4 2047 Crossroads Village Mutual Housing
Assoc.

Renters 1966-1970-A San Pablo Ave 0 0 26 0 26 2046
Dwight Way Apartments Adults with
Mental/Phys
ical
Disabilities
2501 Sacramento Street 15 0 0 0 15 2055

A-4

Property Name Target
Population
Address Extremely
Low
Income
Very Low
Income
Low
Income
Moderate
Income
Total
Affordable
Affordability
Expiration1
Erna P. Harris / Belair Housing Project Formerly
Homeless/S
helter Plus
Care
1330 University Avenue 34 0 0 0 34 2065
Fairview House Cooperative Renters 1801 Fairview Street 0 9 0 0 9 2055 Fred Finch Youth House - Turning Point Mentally
Disabled,
Youth
3404 King Street 0 12 0 0 12 2055
Grayson Apartments Renters 2748 San Pablo Ave 5 0 9 0 14 2074 Haste Street 2207 Renters 2207 Haste Street 7 0 0 0 7 2055 Hearst Street Apts Renters 1133-1139 Hearst Street 31 0 0 0 31 2055 Hearst Studios Renters 950 Hearst 0 2 6 0 8 2049
Helios Corner Seniors 1535 University Avenue 47 32 0 0 79 2060 Hillegass Apartments Renters 2500 Hillegass Street 4 4 4 5 17 2070 Hope Homes Renters 2418 Eighth Street 1 0 2 0 3 2056
Idaho Street Renters 3227 Idaho Street 1 0 0 0 1 2055
MLK House Formerly
Homeless,
Mentally
Disabled
2942 - 2944 Martin Luther King Jr.

Way
0 0 0 12 12 2055
Mable Howard Seniors 3250 Sacramento or 1499 Alcatraz 0 40 0 0 40 2052 Margaret Breland Senior Homes Seniors 2577 San Pablo Avenue 0 27 0 0 27 2046 McKinley House Formerly
Homeless,
Mentally
Disabled
2111 McKinley Street 6 0 0 0 6 2069
Prince Street Renters 1534 Prince Street 0 6 0 0 6 2071 Regent House HOPWA set-
aside units
2511 Regent Street 0 0 0 6 6 2065
Rosevine Developmen
tally
Disabled
Adults
1431-33 Oxford Street 0 5 0 0 5 2052
Sacramento Senior Homes Seniors 1501 Blake St (2517 Sacramento) 2 17 20 0 39 2058 Sankofa House Formerly
Homeless,
Homeless
711 Harrison Street 7 0 0 0 7 2058
Savo Island Renters 2017 Stuart Street 31 4 0 0 35 2067 Shattuck Senior Homes Seniors 2425 Shattuck Avenue 0 15 11 0 26 2052 Strawberry Creek Lodge Seniors 1320 Addison Street 0 10 75 0 90 2069

A-5

Property Name Target
Population
Address Extremely
Low
Income
Very Low
Income
Low
Income
Moderate
Income
Total
Affordable
Affordability
Expiration1
U A Coop Homes (UACH) Renters 1471 Addison Street 37 5 4 0 46 2080 U A Homes/U.C. Hotel Formerly
Homeless,
Homeless
1040 University Avenue 51 22 0 0 73 2069
University Neighborhood Apts HOPWA set-
aside units
1721 University Avenue 8 13 5 0 26 2060
Harriet Tubman Terrace Renters 2870 Adeline St. 0 90 0 0 90 2059 Oceanview Gardens Renters 1715-35 5th St; 1726-32 6th St.; 1816-1832 6th St.; 813-15 Hearst
St.
0 0 0 61 61 2059
800 Heinz Renters 800 Heinz St. 0 3 15 0 18 In Perpetuity 2747 San Pablo Ave. Ownership 2747 San Pablo Ave. 0 0 6 0 6 In Perpetuity 2001 Fourth St. Renters 2001 Fourth St. 0 12 0 0 12 In Perpetuity 1974 University Ave. Renters 1974 University Ave. 0 8 0 0 8 In Perpetuity

1. Units marked with “In Perpetuity” were created via Below Market Rate inclusionary housing. They are deed restricted but do not receive public assistance.

APPENDIX B
Summary of
Development
Standards
Residential District Development Standards…………. ………………………B-1

Mixed-Use and Residential Development Standards in
Commercial Districts……………………………………………………………………B-2

B-1

B1 RESIDENTIAL DISTR ICT DEVELOPMENT STANDARDS
TABLE B- 1: RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
Zoning
District
Min Lot Area
(sq. ft.)
Density (sq.
ft.) Min Lot
Area Per Unit
Height Limit
Yard3 Maximum Lot Coverage
Usable Open
Space Per Unit
(sq ft.) Story Front Rear Side Street Side Building
Separation
Main Building
Height (stories)
Interior and
Through Lots (%)
Corner Lots
(%) Avg.

Height
Max Ht
(H ovrly) Stories (#)
R-1 Single Family 5,000 __ 28' 1 35' 3 All 20' 20' 4' 4’ __ 1 to 3 40 40 400 R-1A Limited Two Family 5,000 __ 7 28' 1 35’ 3 1 20' 20' 4' 4’ 8’10 1 40 45 400 2 20’ 20’ 4’ 4’ 12’10 2 40 45
3 20’ 20’ 4’ 4’ 16’10 3 40 45
ES-R Environmental Safety 25,000 __ 24' 2 35' 2 2 All 20' 20' 15' 15’ __ All 30 30 400 R-2 Restricted Two Family 5,000 2,500 5 28' 1 35' 2 3 1 20' 20' 4' 10' 8' 1 45 50 400 2 20' 20' 4' 10' 12' 2 40 45
3 20' 20' 6' 10' 16' 3 35 40
R-2A Restricted Multiple Family 5,000 1,650 6 28' 1 35' 2 3 1 15' 15' 4' 6' 8’ 1 45 50 300 2 15' 15' 4' 8' 12' 2 40 45
3 15' 15' 6' 10' 16' 3 35 40
R-3 Multiple Family 5,000 __ 4 35' 35' 2 3 1 15' 15' 4' 6' 8' 1 45 50 200 8 2 15' 15' 4' 8' 12' 2 45 50
3 15' 15' 6' 10' 16' 3 30 45
R-4 Multi Family 5,000 __ 4 35' 9 35' 2 3 9 1 15' 15' 4' 6' 8' 1 45 50 200 8 2 15' 15' 4' 8' 12' 2 45 50
3 15' 15' 6' 10' 16' 3 40 45
4 15' 17' 8' 12' 20' 4 35 40
5 15' 19' 10' 14' 24' 5 35 40
6 15' 21' 12' 15' 28' 6 35 40
R-5 High Density 5,000 __ 11 409 35' 2 49 1 10’ 15’ 4’ 6’ 8’ 1 55 60 10012 2 10’ 15’ 4’ 8’ 12’ 2 55 60
3 10’ 15’ 6’ 10’ 16’ 3 50 55
4 10’ 17’ 8’ 10’ 20’ 4 45 50
5 10’ 19’ 10’ 10’ 24’ 5 40 45
6 10’ 21’ 12’ 10’ 28’ 6 40 45
R-S Residential Southside 5,000 __ 4 35 2 35' 2 39 1 10’ 10’ 4’ 6’ 8’ 1 65 70 5013 2 10’ 10’ 4’ 8’ 12’ 2 65 70
3 10’ 10’ 6’ 10’ 16’ 3 60 65
4 10’ 17’ 8’ 10’ 20’ 4 55 60
R-SMU Residential Southside Mixed-Use 5,000 __11 60 2 -- 49 1 10’ 10’ 4’ 6’ 8’ 1 55 60 4014 2 10’ 10’ 4’ 8’ 12’ 2 55 60
3 10’ 10’ 6’ 10’ 16’ 3 50 55
4 10’ 17’ 8’ 10’ 20’ 4 45 50
5 10’15 19’15 20’15 10’15 24’15 5 4015 4515
R-BMU Residential BART Mixed Use __ __16 80’ -- 7 1 __17 __ __ __ __ __ __ __ 35/4019 2+ __18 __ __ __ __ __ __ __

1. Up to 35' allowed with an AUP

2. May exceed with an AUP (UP in ES-R)

3. Set
backs may be reduced subject to the requirements of BMC 23.304.030.B.

4. No minimum lot area per unit except for Group Living Accommodations (GLA). 1 GLA room for every 350 sq. ft;
additional room allowed for any remaining lot area of more than 200 sq. ft.

5. Additional dwelling unit allowed for any remaining lot area more than 2,000 sq. ft.

6. Additional dwelling unit allowed for any remaining lot area more than 1,300 sq. ft.

7. No minimum lot area per unit, although no more than two dwelling units allowed; lot area must be at least 4,500 sq. ft. to establish two dwelling units.

8. 200 sq. ft. for each dwelling unit, 90 sq. ft. for each person in a Group Accommodation Room.

9. Main Buildings may exceed 35 ft. and three stories in height, to a height of, but not exceeding, 65 ft. and six stories subject to obtaining a Use Permit

10. R-1A Separation Standard based on building height, not by story.

11. No minimum lot area per unit except for Group Living Accommodations (GLA). 1 GLA room for every 175 sq. ft; additional room allowed for any remaining lot area of more than 100 sq. ft (R-5) and 40 sq ft. (R-SMU).

12. 100 sq. ft. for each dwelling unit, 35 sq. ft. for each person in a Group Accommodation Room.

13. 50 sq. ft. for each dwelling unit, 20 sq. ft. for each person in a Group Accommodation Room.

14. 40 sq. ft. for each dwelling unit, 20 sq. ft. for each person in a Group Accommodation Room.

15. Only applies in Sub Areas 1 and 2 [for front yard setbacks, only in Subarea 2 if a minimum 50% of floor area is Residential)

16. The residential density minimum for R-BMU is 75 dwelling units per acre.

17. Setbacks are not required at Martin Luther King Jr. Way, Adeline Street, Sacramento Street. Setbacks along all other frontages along public rights-of-way and internal publicly accessible pathways shall range from 5 feet (minimum) to 15 feet (maximum) for at least 50 percent of any building’s linear street frontage, including all frontages within 50 lineal feet of an intersecting corner.

18. Front Upper-Story Step-backs. Any street-facing building frontage above four stories in height that is not within 100 linear feet of Sacramento Street, Adeline Street, Ashby Avenue, or Martin Luther King Jr. Way, shall step back from the property line for portions of the building above four stories.

19. Public open space minimum is 35 sf per dwelling unit, and 18sf per GLA resident. Private usable open space miminum is 40 sf per dwelling unit, and 15 sf/resident per GLA resident. Private Usable Open Space may be provided as any combination of personal and common private space. 50% of the Private Usable Open Space requirement may be fulfilled through the provision of an equal amount of additional Public Open Space.

B-2

B2 COMMERCIAL DISTRI CT MIXED -USE AND RESIDENTIAL DEVELOPMENT STANDARDS TABLE B- 2: MIXED -USE AND RESIDENTIAL DEVELOPMENT STANDARDS IN COMMERCIAL DISTRICT S Zoning District Max. FAR
(MU/Res. only)
Max. Height
(MU/Res. only)
Max. Stories
(MU/Res. only)
Open Space
(SF/unit)
(MU/Res. only)
Max. Coverage (MU/Res.
only)
Yard Requirements Main Building
Separation
Min. Lot Area (SF) Density
(DU/acre)
C-C Corridor 3.0/None 40’2/35’ 32 3 200 100%/40-50% Per Tables 23.204-8 and 23.204-9 None1 None C-U University Avenue 2.2-3.0/None 36-48’2/36’ 3-42 200 100%/40-50% Per Tables 23.204-12 and 23.204-13 None1 None C-N Neighborhood 3.0/None 35’ 32 200 100%/40-50% Per Tables 23.204-17 and 23.204-18 None1 None C-E Elmwood 0.8-1.0/None 28’/35’ 2/3 200 100%/40-50% Per Tables 23.204-21 and 23.204-22 None1 None C-NS North Shattuck 1.0/None 35’/28’ 3/2 200 100%/40-50% Per Tables 23.204-24 and 23.204-25 4,000/5,000 None C-SA South Area 4.0/None 36-60’2 4 3-52 4 40/200 35-50% Per Table 23.204-29 None1 None C-T Telegraph Avenue 4.0-5.0 50-85’ 5-6 40 100% None5 None None C-SO Solano Avenue 2.0/None 28’ 2 40/200 100%/40-50% Per Tables 23.204-34 and 23.204-35 None1 None C-DMU Downtown Mixed-Use None 40-60’6 None 80 None Per Table 23.204-39 None None C-W West Berkeley 3.0 50’ 47 40 100% None5 None None
C-AC Adeline Corridor (South Shattuck Subarea) 2.5-5.58 45-90’8 4-88 40 60-95%8 None5 None 120-300 C-AC Adeline Corridor (North and South Adeline
Subarea)

2.0-5.08 35-75’8 3-78 40 60-95% None9 None 100-250
MU-R Mixed Use Residential10 1.5 35’ 3 150 100% Front/Street Side: 5’11 Rear/interior Side: None12
None None 34.8

1. No minimum lot area for mixed use projects; 5,000 sq. ft. minimum lot area for residential only projects.

2. 3rd floor and above residential only

3. 4 st
ories and 50 feet allowed with a UP

4. Dependent on district subarea. See BMC Table 23.204-28.

5. Unles
s abutting a residential district. See Section 23.304.030.C.2.

6. May increase height up to 180’, depending on the subarea, with use permit. Core: Up to 3 buildings with max height 180 ft. Up to 2 buildings in Core or Outer Core with max height 120 ft. Theater and Museums exempt from min. height requirement.

7. 4th floor must be residential or live/work.

8. Dependent on percent of project that is affordable. See Table 23.204-44

9. Unless abutting a residential district. See Table 23.204-45.

10. Standards included are for residential or mixed use. Standards differ slightly for live/work project

11. Front: If adjacent to residential: 10’; Street: If adjacent to residential 10’ or 10%, whichever is less.

12. 12. Rear: If the rear abuts the street: 5’; For rear and interior: If adjacent to residential 10’ or 10%, whichever is less

APPENDIX C
Residential
Sites Inventory

CONTENTS
C1 Projected ADUs ......................................................................................................... C-1 C2 BART Sites ................................................................................................................... C-1 C3 Likely Sites - Entitled Projects ............................................................................ C-2 C4 Availability of Land to Address Remaining RHNA ...................................... C-8 C5 Methodology and Guiding Assumptions for Selection of Sites .............. C-8 C5.1 Pipeline Applications ......................................................................................... C-8 C5.2 Opportunity Sites – No Rezone Required ................................................ C-15 C5.3 Development Trends and Realistic Capacity.......................................... C-17

Housing Element 6th Cycle 2023-2031 – Appendix C Sites Inventory

C-1

C1 PROJECTED ADUS
Pursuant to State law, the City may credit potential ADUs to the RHNA requirements by using the trends in ADU construction to estimate new production. Between 2018 and 2021, the City issued 419 building permits ADUs with an average of 105 ADUs per year over this period (Table C-1).

Specifically, ADU permit activities accelerated significantly within the last two years. Assuming this trend continues, and reducing the number to conservatively account for the City’s revised 2022 ADU ordinance in the Hillside Overlay District, the City expects to produce around 75 ADUs per year or 600 ADUs over the eight-year planning period.

The Association of Bay Area Government (ABAG) has issued guidance on the anticipated affordability of ADUs in order to determine which RHNA income categories they should be counted toward. Based on the ADU rent survey conducted by ABAG, the affordability distribution of ADUs in the region is: 30% very low income; 30% low income; 30% moderate income; and 10% above moderate income.

Table C -1: ADU Trends
Permits Issued
2018 80
2019 96
2020 120
2021 123
Average 105

C2 BART SITES
The City of Berkeley is working collaboratively with the Bay Area Rapid Transit District (BART) to convert surface parking lots at two of the City’s three BART stations (Ashby and North Berkeley) into transit-oriented development. The City and BART have signed an MOU on the potential development of these lots and the entities are actively working together to select private developers through an RFQ process for each station. BART’s development of these parcels is permitted under AB 2923, which allows BART to enable TOD through land-use zoning on BART- owned property in collaboration with local jurisdictions. Each station can accommodate up to 1,200 units and in 2021, the City earmarked $53 million for the projects to ensure that at least 35% of the units are affordable to very low and low income households. While up to 1,200 units can be accommodated at each station, this Housing Element takes a more conservative approach in its estimate for what is expected to be constructed during the eight-year planning period and assumes 600 units at each station (Table C-2).

Table C -2: BART Sites
Station Extremely
Low/Very
Low
Low Moderate Above
Moderate
Total Acreage Density
Achieved
(du/ac)

Housing Element 6th Cycle 2023-2031 – Appendix C Sites Inventory

C-2

North Berkeley BART 105 105 0 390 600 6.5 92
Ashby BART 105 105 0 390 600 6.0 100
Total 210 210 0 780 1,200
C3 LIKELY SITES - ENTITLED PROJECTS
While the 6th cycle Housing Element planning period covers from January 31, 2023, through January 31, 2031, the RHNA projection period begins June 30, 2022. Housing units that have been entitled for construction but do not receive a Certificate of Occupancy until after June 30, 2022 can be credited towards the 6th cycle RHNA.

The Likely sites include projects that have been entitled between 2018 and June 30, 2022. The City conducted an analysis of 47 permitted projects and the average time between entitlement and permit issuance is three years. As the majority of the residential and mixed use projects in the City are high density podium development, the preparation of construction documents and financing tend to require a longer time. Inactive projects with entitlements prior to 2018 are still valid, but have not been included as Likely sites.

In total, the City has entitled 2,101 units (133 very low, 166 low, 9 moderate, and 1,793 above- moderate), that are expected to be constructed during the 6th cycle planning period. The affordability of the units was determined based on the affordability specified on the project proposal as approved by the City.

Two projects – ZP2019-0027 and ZP2020-0134 - propose development across multiple parcels. In the table below, the projects are separated by APN and the total unit count for each project is pro- rated by parcel size. ZP2019-0027 proposes a total of 169 units on two parcels – 2150 and 2176 Kittredge – with 0.15 acres and 0.49 acres, respectively. In Table C-6, 2150 Kittredge (8b) has been allocated 41 units, and 2176 Kittredge (8a) has been allocated 128 units.

Total
Number of
Entitled
Projects
Total
Number
of
Entitled
Parcels
Total
Number of
Entitled
Parcels
Included
in 5th Cycle
Extremely
Low/Very
Low
Low Moderate Above
Moderate
Total
Number of
Entitled
Units
Acreage
46 48 13 133 166 9 1,793 2,101 14.96

Housing Element 6th Cycle 2023-2031 – Appendix C Sites Inventory

C-3

Table C-3 Likely Sites - Entitled Projects since 2018
APN Permit
Number
Address Likely Sites - Project Description < 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Net New
Units
Zone Type Category Density
(DU/A)
Acreage 5th Cycle
(Y/N)
Vacant
(Y/N)
SB 330
(Y/N)
Density
Bonus
(Y/N)
1 056
197701300
ZP2018-
0112
2198 San
Pablo
Existing Use: Wine and Liquor Store.

Demolish an existing single-story commercial building and construct a new 6-story, mixed-use development with 3 live/work units, 57 dwelling units (including 5 available to very low-income households), stacked parking for 20 vehicles, and 48 bicycle spaces.
5 0 0 55 60 C-W MU 10+ 266.7 0.22 No No No Yes
2 057
202700202
ZP2020-
0011

2210
Harold
Existing Use: Vacant Commercial office.

Demolish an existing commercial building and to construct a seven-story, 75-foot tall mixed-use building with 652 square feet of commercial space on the ground floor, 38 dwellings with a total of 135 bedrooms, and secure storage for 48 bicycles on a 5,953 square-foot parcel. The project would provide no off-street parking, reduce certain
setbacks, and pay an in-lieu fee instead of providing
privately-owned public open space.
0 0 0 38 38 C-DMU MU 10+ 278.1 0.14 Yes No Yes No
3 053
163300107
ZP2019-
0155

3000 San
Pablo
Existing use: Discount Fabrics.
1) demolish an existing two-story commercial building; and 2) construct a six-story, mixed-use building with 78
dwelling units (including seven Very Low-Income units), 1,248 square feet of commercial space, 2,320 square feet of usable open space, 50 bicycle parking spaces and 43
vehicular parking spaces.
7 0 0 71 78 C-W MU 10+ 242.7 0.32 No No Yes Yes
4 060
235401503
ZP2020-
0046

1207 Tenth Existing Use: Single-Story structures
MU L/W, studio, R&D, Lt Manufacturing, Art Gallery.

Construction of a new 3-story, 18,450 square-foot mixed- use building, providing 12 parking spaces, 12 artist
studios, R&D space, a fabrication shop, art gallery and two live/work units.
0 0 0 2 2 MU-LI MU 5+ 6.8 0.29 No No No No
5 052
157410400
ZP2020-
0069

3031
Telegraph
Demolish an existing two-story commercial (medical office) building and construct a six-story, 98,338 square-foot mixed-use building with 110 dwelling units (including 7 Very Low-Income units), including 5,666 square feet of commercial space, 7,474 square feet of usable open
space, 112 bicycle parking spaces and 29 vehicular parking spaces at the ground level.
7 0 0 103 110 C-C MU 10+ 151.6 0.73 No No Yes Yes
6 056
197201800
ZP2018-
0145

2015
Eighth
Demo rear detached garage, build 2 du behind existing
duplex
0 0 0 2 2 R-4 MF 2-4 26.8 0.15 No No No No
7 057
202502300
ZP2018-
0235

2009
Addison
Demo commercial single-story storage building, build MU with performing arts space, Berkeley Rep-Rent Free
0 0 9 36 45 C-DMU MU 10+ 188.1 0.24 Yes No No No
8a 057
202900204
ZP2019-
0027

2176
Kittredge
Former gas station. Demolish a five-story commercial
building at 2176 Kittredge Street and a one-story convenience store and carwash facility at 2150
Kittredge Street; to merge the two parcels for a total lot area of approximately 32,600 sq. ft.; and to construct a new, 75 ft.-tall, seven-story mixed-use building of approximately 177,000 sq. ft. in total gross floor area containing: 23,000 sq. ft. of commercial floor area on the ground level; a total of 165 dwellings units on the second through seven stories; approximately 13,250 sq. ft. of usable open space within a series of rooftop patios; and a sub-surface parking garage providing 52 off- street parking spaces.
0 0 0 128 128 C-DMU MU 10+ 261.2 0.49 Yes No No No
8b 057
202901600
ZP2019-
0027
2150
Kittredge
Same project as above. One-story convenience store and carwash facility at 2150 Kittredge Street. Demolish a 0 0 0 41 41 C-DMU MU 10+ 273.3 0.15 Yes No - -

Housing Element 6th Cycle 2023-2031 – Appendix C Sites Inventory

C-4

APN Permit
Number
Address Likely Sites - Project Description < 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Net New
Units
Zone Type Category Density
(DU/A)
Acreage 5th Cycle
(Y/N)
Vacant
(Y/N)
SB 330
(Y/N)
Density
Bonus
(Y/N)
five-story commercial building at 2176 Kittredge Street and a one-story convenience store and carwash facility at 2150 Kittredge Street; to merge the two parcels for a total lot area of approximately 32,600 sq. ft.; and to construct a new, 75 ft.-tall, seven-story mixed-use building of approximately 177,000 sq. ft. in total gross floor area containing: 23,000 sq. ft. of commercial floor area on the ground level; a total of 165 dwellings units on the second through seven stories; approximately 13,250 sq. ft. of usable open space within a series of rooftop patios; and a sub-surface parking garage providing 52 off-street parking spaces.
9 052
157404400
ZP2018-
0038

3028
Regent
Convert care facility to duplex 0 0 0 2 2 R-2A DP 2-4 14.6 0.14 No No No No 10 057
208602501
ZP2018-
0220
1835 San
Pablo
Former Tire shop. Demolish an existing one-story
commercial building and construct a new 6-story, mixed- use development with 99 dwellings (including 7
dwellings available to very low income households) and 2 live/work units. The project would include stacked parking for 49 automobiles and secure storage for 92
bicycles.
7 0 0 92 99 C-W MU 10+ 222.8 0.44 No No No Yes
11 059
226800601
ZP2016-
0050

1506
Bonita
Raise existing duplex to add 2 du on site w/ 3 duplexes.

Use Permit #ZP2016-0050 to raise an existing one- story duplex by 8’-10” resulting in a two-story building.

The new approximately 1,600 square foot ground level would accommodate two new residential units. This would increase the total number of dwelling units on the parcel from six to eight and the number of
bedrooms from six to twelve.
0 0 0 2 2 R-2A MF/DP 2-4 25.8 0.31 No No No No
12 060
235400200
ZP2019-
0192

1200-
1214 San
Pablo

Art Gallery, Tattoo Parlor, and Former Fast-Food
Restaurant. Use Permit #ZP2019-0192 to demolish
three existing commercial buildings and construct a six- story, mixed-use building with 104 units (including nine Very Low Income units), a 3,119-square-foot restaurant, 4,343 square feet of usable open space, and 55
ground-level parking spaces.
9 0 0 95 104 C-W MU 10+ 182.6 0.57 Yes No No Yes
13 057
206101000
ZP2016-
0101

1717
University
Demo commercial, SFD, Detached Garage, and construct
new 5-story MU bldg
3 0 0 25 28 C-U/R-2A MU 10+ 143.9 0.19 No No No Yes
14 057
203400800
ZP2019-
0041

2023
Shattuck
Former Vacant Lot. Construct a 24,178 square-foot, seven- story, 73’5” tall, mixed-use building with 48 dwelling units (including 4 units available to very-low-income households) and 1,250 square feet of ground floor commercial space. The project would provide no vehicle parking; it would provide secure storage for 34 bicycles. 4 0 0 44 48 C-DMU
Core
MU 10+ 570.97 0.08 No Yes No Yes
15 058
212701403
ZP2017-
0014

1740 San
Pablo
Prior use: Vacant service station. Demolish two existing 1- story buildings and build a 5-story mixed-use building with 48 dwelling units, 3 live/work units, 1
approximately 800 square-foot quick-serve restaurant, and 53 parking spaces at the ground floor.
4 0 0 47 51 C-W MU 10+ 156.4 0.33 No No No Yes
16 057
202401300
ZP2019-
0081

2099
Martin
Luther King
Jr.

Demolish an existing one story 3,595 square foot auto service building and construct a 62,419 square-foot, seven-story, 69’ tall, mixed-use building with 72
dwellings (including 5 dwellings available to very low- income households) and 2,448 square feet of ground floor retail space. The project would provide 12 parking 5 0 0 67 72 C-DMU
Buffer
MU 10+ 252.7 0.28 Yes No No Yes

Housing Element 6th Cycle 2023-2031 – Appendix C Sites Inventory

C-5

APN Permit
Number
Address Likely Sites - Project Description < 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Net New
Units
Zone Type Category Density
(DU/A)
Acreage 5th Cycle
(Y/N)
Vacant
(Y/N)
SB 330
(Y/N)
Density
Bonus
(Y/N)
spaces and secure storage for 65 bicycles within a grade level garage.
17 055
189401501
ZP2017-
0103

2028
Bancroft
Relocate an existing single-unit to 1940 Haste Street and construct a 33,539 square-foot, six-story, 65’ tall, residential building with 37 dwellings (including 2 Below Market Rate units) and a landscaped courtyard. 2 0 0 35 37 C-DMU MF 10+ 223.4 0.17 No No No Yes
18 056
197701001
ZP2018-
0222

2100 San
Pablo
Prior use: Vacant single-story commercial - U-Haul. Use Permit Modification #ZP2018-0222 to modify approved
Use Permit #ZP2016-0034, which allowed the
construction of a 4-story mixed-use building containing a 96-unit Residential Care Facility, by reducing the number of off-street parking spaces from 30 spaces to 26 spaces, adding 9,265 sq. ft. of new gross floor area, and modifying the interior layout of the commercial and residential uses of the approved Residential Care Facility. 0 0 0 96 96 C-W MU 10+ 156.8 0.61 No No No No
19 053
159101803
ZP2021-
0191

2001
Ashby
Prior use: Cooperative Center, Federal Credit Union, single- story commercial. SB 35 - 86 BMR + 1 MR. Resubmitted
10/21/2021 SB 35 modification application to PLN2019-
0059.
53 33 0 1 87 C-SA MF 5+ 144.1 0.60 Yes No No Yes
20 057
208601300
ZP2016-
0028

1173
Hearst
Develop two parcels, including the substantial
rehabilitation of the existing seven dwelling units and construction of six new dwelling units. 6 of the 7
rehabilitated units are rent controlled and shall remain rent stabilized. The project proposes to rehabilitate the seven existing dwelling units (three duplexes and one single- family dwelling) and add three two-story duplexes as a common interest development (i.e. condominiums) for a total of seven buildings and 13 dwellings.
1 0 0 3 4 R2-A MF 5+ 16.1 0.31 No No No No
21 057
207300500
ZP2019-
0173

1367
University
Vacant Lot. Construct an approximately 9,273-square-foot, four-story 39-unit Group Living Accommodation (GLA)
operating as a Single-Room Occupancy (SRO) Residential
Hotel on a vacant parcel.
6 0 0 34 40 C-U GLA 10+ GLA 338.3 0.12 No Yes Yes Yes
22 052
156317900
ZP2018-
0034
2714
Alcatraz
Alter an existing 3,391 square foot, 2-story residential building and an existing 360 square foot, 1-story accessory building to: 1) restore the residential building to its original density of 5 units; 2) expand the basement by 24 square feet and convert the basement to a dwelling; 3) construct a 21 square foot addition on the first floor; 3) construct a 337 square foot addition on the second floor; 4)
reconfigure the floor plans for the four existing units on the first and second floors; and 5) remove an illegal dwelling from the garage to restore 2 off-street parking spaces. 0 0 0 5 5 R-2 MF 5+ 36.9 0.14 No No No No
23 055
187602101
ZP2016-
0172

2542
Durant
Existing parking lot and multi-family residential, Infill.

Merge two parcels and construct a new five-story, mixed use building with 32 dwelling units including a Variance request to allow dwelling units on the ground floor next to and behind an existing 12-unit apartment building. 0 0 0 32 32 C-T MF 10+ 149.8 0.29 No No No No
24 055
182901100
ZP2018-
0161

2215
Parker
Vacant Lot. Construct a two-story, 6,001 sq. ft. duplex on a 6,750 sq. ft. vacant parcel.
0 0 0 2 2 R-2A DP 2 to 4 12.9 0.15 Yes Yes No No
25 057
204600100
ZP2018-
0137

1951
Shattuck
Existing Use: Hair salon, convenience corner store, clothing retailer. Demolish two existing non-residential buildings and to construct a 12-story, 120-foot tall mixed-use building with 5,000 square feet of commercial space on the ground floor, 156 dwelling units, and a 100-space 0 0 0 156 156 C-DMU MU 10+ 390.0 0.40 Yes No No No

Housing Element 6th Cycle 2023-2031 – Appendix C Sites Inventory

C-6

APN Permit
Number
Address Likely Sites - Project Description < 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Net New
Units
Zone Type Category Density
(DU/A)
Acreage 5th Cycle
(Y/N)
Vacant
(Y/N)
SB 330
(Y/N)
Density
Bonus
(Y/N)
subterranean parking garage on a 17,424 square foot
parcel.
26 057
208601400
ZP2016-
0028

1155
Hearst
Rehabilitation of seven units, and six additional dwelling units
1 0 0 6 7 R2-A MF 5+ 14.1 0.5 No No No No
27 055
183700100
ZP2015-
0096

2556
Telegraph
Prior use: Multi-tenant commercial (Street view 2011
shows Hair studio, spiritual healer, Japanese restaurant, electronics store). Use Permit 2015-0096 to (1)
demolish an existing 16,000 square-foot, two-story commercial building; and (2) construct a 42,363
square-foot, fivestory, 64’-5” tall, mixed-use building with 22 dwelling units, two Live-Work units, and 3,092 square feet of commercial space.
0 0 0 24 24 C-T MU/LW 10+ 106.3 0.23 Yes No No No
28 056
194401100
ZP2018-
0108

2422 Fifth Office + two dwelling units on lot with existing duplex.

Note - Finaled after June 30, 2022 (9/29/2022).
0 0 0 2 2 MU-R MU/DP 2 to 4 27.9 0.14 No No No No
29 053
162703701
ZP2021-
0027

3015 San
Pablo
2 Live/Work added to existing 98 unit (Higby Apts);
Conversion of an 1,824 sq. ft. commercial space to two (2) Live/Work Units.
0 0 0 2 2 C-W L/W 5+ 127.4 0.79 No No No No
30a 057
202501300
ZP2020-
0134

2000
University
Prior cafe and restaurant use and vacant ground floor
commercial. Merge 2 parcels. Demolish one existing
commercial and one mixed-use structure containing two dwelling units and construct a new, 8-story mixed-use building with 82 dwelling units and 1,415 square feet of ground floor commercial space.
5 0 0 53 58 C-DMU MU 10+ 580 0.10 Yes No Yes Yes
30b 057
202501200
ZP2020-
0134

2001
Milvia
Same project as above. Merge 2 parcels. Construct a new, 8-story mixed-use building with 82 dwelling units and 1,415 square feet of ground floor commercial space. 2 0 0 22 24 C-DMU MU 10+ 600 0.04 Yes No - -
31 055
188400600
ZP2020-
0090
2317
Channing
Existing Use: medical office. 1) Demolish an existing two- story medical building; and 2) construct a 4-story, residential building with 17 dwelling units.
0 0 0 17 17 R-S MF 10+ 113.8 0.15 No No Yes No
32 057
208902600
ZP2018-
0226

1923 Ninth (1) Demolish an existing 1,272-square-foot, one-story duplex and (2) construct three detached, three-story, single family dwelling units: 1,856 square feet (Unit A), 2,006 square feet (Unit B), and 1,932 square feet (Unit C).
0 0 0 3 3 R-3 3-SFD 2 to 4 21.4 0.14 No No No No
33 055
187700100
ZP2019-
0100

2590
Bancroft
Prior use: Multi-Tenant Retail: Urban Outfitters, Inkstone Art Supply, Freedom Flowers. 1) Demolish an existing two- story commercial building; and 2) construct an eight- story, mixed-use building with 87 dwelling units
(including five Very Low-Income units), 4,345 square feet of commercial space, 2,566 square feet of usable open space, 40 long-term bicycle parking spaces and zero vehicular parking spaces.
5 0 0 82 87 C-T MU 10+ 288.6 0.30 Yes No No Yes
34 057
210100103
ZP2018-
0052

1900
Fourth
Existing Surface Parking Lot. SB 35 Mixed-Use
Development with 260 units over 27,500 sf retail,
including restaurant and cafe space. Project includes 290 vehicle parking spaces and 140 bike parking spaces. 50% affordable. Last sold in February 2022.
0 130 0 130 260 C-W MU 10+ 117.6 2.21 No No No Yes
35 054
174400700
ZP2016-
0014

2720 San
Pablo
Demolish the former automobile service station and
construct a 6 story, 60’ high mixed-use building, with 25 dwellings (including 2 dwellings available to very low income households) with a total of 97 bedrooms, and 963 square feet of ground floor retail space. The project would include parking for 15 automobiles and secure storage for 50 bicycles
2 0 0 23 25 C-W MU 10+ 113.7 0.22 No No Yes Yes

Housing Element 6th Cycle 2023-2031 – Appendix C Sites Inventory

C-7

APN Permit
Number
Address Likely Sites - Project Description < 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Net New
Units
Zone Type Category Density
(DU/A)
Acreage 5th Cycle
(Y/N)
Vacant
(Y/N)
SB 330
(Y/N)
Density
Bonus
(Y/N)
36 053
162301201
ZP2017-
0205

1331
Ashby
Existing single-family dwelling. Construct six dwelling units in three buildings
0 0 0 6 6 R-3 MF 5+ 35.4 0.17 No No No No
37 056
194101900
ZP2017-
0146

2325 Sixth Expand an existing one-story, 1,348 sq. ft. single-family residence and alter an existing 6,000 sq. ft. parcel by: 1) raising the existing one-story dwelling 9’2” to create a new 1,676 sq. ft. sq. ft. ground floor dwelling, 2) increasing the total number of bedrooms on the parcel from three to eight, and 3) constructing a two-story, 472 sq. ft. accessory
building with an average height of 19’3”, located 1’6” from the rear and side yard property line to the south.
0 0 0 1 1 R1-A MF 2 to 4 14.5 0.14 No No No No
38 053
168501100
ZP2019-
0141

2139
Oregon
Existing single-family dwelling. Construct two single-family dwellings on one lot
0 0 0 2 2 R-2 SFD 2 to 4 23.2 0.09 No No Yes No
39 055
188802700
ZP2017-
0015

2236
Channing
Convert 1,480 square feet of medical offices, a
residential lounge and laundry area, and 3 parking spaces, into three new dwelling units, for a total of 22 dwelling units in an existing 5-story mixed use building. 0 0 0 22 22 R-3 MU 10+ 85.1 0.26 No No No No
40 054
171900100
ZP2016-
0244

2701
Shattuck
Prior use: Vacant Auto Dealership. Construct a 5-story, 62’-tall, mixed-use building with 57 dwelling units (including 5 VLI units), a 600-square-foot ground floor quick-service restaurant, and 30 parking spaces.
5 0 0 52 57 C-SA MU 10+ 210.0 0.27 No No No Yes
41 055
182201902
ZP2019-
0074

2000
Dwight
Existing use: Six 1-3 story contiguous medical office
commercial bldgs. Demolish six existing non-residential buildings, and construct a six-story, 113-unit,
Community Care Facility for seniors with 40 parking spaces in a subterranean garage.
0 0 0 113 113 R-4 MF 10+/Seni
or
173.4 0.65 No No Yes Yes
42 054
174202900
ZP2019-
0048

2795 San
Pablo
Existing single-story single dwelling unit. Demolish and construct a mixed-use development consisting of three- stories, five units with 600 square feet of commercial space.
0 0 0 5 5 C-W MU 5+ 53.4 0.09 No No Yes No
43 059
232500501
ZP2021-
0083
1442 Fifth Existing single-family dwelling. 3 SFD on one lot 0 0 0 3 3 MU-R SFD 2 to 4 30.0 0.10 No No Yes No 44 052
154401200
ZP2021-
0113

1519
Fairview
Existing triplex. Add a new three-story detached dwelling unit.
0 0 0 1 1 R-2A SF/MF 2 to 4 25.8 0.15 No No No No
45 058
211900900
ZP2020-
0123

1716
Seventh
Existing single-family dwelling. Construct two detached, 2- story single-family dwellings.
0 0 0 2 2 R1-A SFD 2 to 4 18.2 0.11 No No Yes No
46 060
244901300
ZP2020-
0045

1915
Berryman
Demolish an existing three-unit residential building and construct a four-story residential building with eleven dwelling units.
0 3 0 8 11 R-2A MF 10+ 58.6 0.24 No No Yes Yes
TOTAL

133 166 9 1,793 2,101

13 19

C-8

C4 AVAILABILITY OF LAND TO ADDRESS REMAINING RHNA
Prepared with the Infill-First strategy in mind, the housing sites inventory for the 2023-2031 planning period demonstrates that new housing growth in the City of Berkeley over this eight-year period will largely conform to these patterns. The 6th Cycle Sites Inventory is made up of two types of sites:
• Pipeline Applications: These pending projects include applications submitted for entitlement or building permit and are currently under review. Pipeline sites also include anticipated projects based on pre-application submittals (“pre-app”) and expressed developer interest. Affordability levels reflect proposed project plans to the extent they are known; where affordability levels are unknown at this time, all units have been placed in the above moderate income category.
• Opportunity Sites: Include vacant or underutilized sites with the potential for near-term residential or mixed use development (including some sites used in the 5th cycle Housing Element but remain available for development).

Combined, the City estimates 11,100 units, excluding the two BART sites, in the two categories above.

Table C -4: Summary of Sites to Accommodate Remaining RHNA Category # of
Sites
Extremely
Low/
Very Low
Low Moderate Above
Moderate
Total Units
Applications Under Review or Anticipated 69 437 142 41 3,991 4,611 Opportunity Sites: Underutilized 159 1,571 1,557 1,831 1,208 6,167 Opportunity Sites: Vacant 100 37 36 36 213 322
Total Units 328 2,045 1,735 1,908 5,412 11,100

C5 METHODOLOGY AND GUIDING ASSUMPTIONS FOR SELECTION

OF SITES
C5.1 PIPELINE APPLICATION S
Pipeline projects are divided into two categories discussed below (Table C-5). A detailed list of projects under each category are listed in Table C-6.

Application Under Review: Includes 35 project applications across 37 parcels that were either submitted in 2021 and 2022 and are yet to be entitled, or are otherwise engaging with the City on development, including active projects entitled prior to 2018. It is anticipated that these projects will undergo construction and will be ready for occupancy during the 6th cycle.

Anticipated: Includes 18 projects across 32 parcels that the City anticipates processing and approving during the 6th cycle based on developer or property owner interest and pre-application submittals. Affordability levels reflect proposed project plans to the extent they are known. Seven

C-9

projects propose development across multiple parcels the total unit count for each project is pro- rated by parcel size.

Table C -5: Summary of Applications Under Review or Anticipated Station
Extremely
Low/
Very Low
Low Moderate Above
Moderate Total
Application Under Review 84 29 11 1,424 1,548
Anticipated 353 113 30 2,567 3,063
Total 437 142 41 3,991 4,611

C-10

Table C -6: Pipeline Sites - Applications Under Review or Anticipated (Pre -Application) APN Permit
Number
Address Project Description
(Orange Text = Prior land use)
< 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Total
Units
Zone Type Category Density
(DU/A)
Acreage 5th
Cycle
(Y/N)
Vacant
(Y/N)
SB330
(Y/N)
Density
Bonus
(Y/N)
Applications Under Review 84 29 11 1,424 1,548 24 20 1 053 159801600 ZP2021-
0140
2970 Adeline Change existing two approximately 1,000 sq. ft. commercial spaces to residential dwelling units.
0 0 0 2 2 C-AC MU 2 to 4 23.2 0.09 No No Yes No
2 055 187800400 ZP2021-
0192

2439 Durant Demolition of a two-story 10,554 sq. ft. commercial (restaurant) building, construction of 37,507 sq. ft. 7-story mixed-use building with 7,799 sq. ft. commercial space, and 27,532 sq. ft. for 22 dwelling units.
0 0 0 22 22 C-T MU 10+ 147.4 0.15 No No Yes No
3a 056 201102700 PLN2021-
0063

1776/1782/1790
University
Merge 2 parcels. Demo 3 1-story commercial bldgs (India Fabrics, smog check) New construction of a 5-story mixed use building with 79 SRO and common kitchen space on each level + commercial space on ground level. Demolition of 3 existing on-story buildings. 0 0 5 32 37 C-U MU 10+ 358.2 0.10 No No Yes Yes
3b 056 201102800 PLN2021-
0063

1776/1782/1790
University
Same project as above. Merge 2 parcels. Demo 3 1-story
commercial bldgs (India Fabrics, smog check) SB330 Prelim App.

New construction of a 5-story mixed use building with 79 SRO and common kitchen space on each level + commercial space on ground level. Demolition of 3 existing on-story buildings.
0 0 6 36 42 C-U MU 10+ 365.9 0.11 No No - -
4 058 217600101 ZP2022-
0011

1752 Shattuck Demo existing auto smog services use. Construct 7-story mixed-use building with 57 dwelling units and group floor commercial. (campus auto care site) .
7 0 0 50 57 C-C MU 10+ 234.2 0.24 No No Yes Yes
5 058 219300600 PLN2021-
0020

2441 Le Conte Existing Starr King School for the Ministry. 1) renovate and change the use of an existing one-story, 5,935 square-foot non-residential building to residential hotel, and 2) construct a four-story residential addition at the rear, resulting in a 17,138 square-foot residential hotel at a maximum height of 48 feet, two inches, containing 50 group living accommodation units and one manager’s unit under State Density Bonus law.
0 0 0 51 51 R-4 MF 10+ 173.2 0.29 No No Yes Yes
6 055 188302700 ZP2020-
0052
2328 Channing Relocate a historic SFR and to construct a new 20-unit, five-story housing project
1 0 0 19 20 R-S MF 10+ 129.1 0.15 No No Yes No
7 060 240500100 ZP2021-
0070

1201-1205 San
Pablo
Existing Vacant Lot. Construct a six-story, mixed-use building on a vacant lot, with 66 units (including five Very Low Income units), 1,720 square feet of commercial space, 2,514 square feet of usable open space, and 17 to 28 ground-level parking spaces. 5 0 0 61 66 C-W MU 10+ 221.2 0.30 No Yes Yes Yes
8 057 208700500 ZP2021-
0186

1820-1828 San
Pablo
Demo existing building except ground floor. Construct 5-story mixed- use building with 44 dwelling units and ground floor commercial, incorporating the existing façade. (Albatross bldg.)
12 0 0 32 44 C-W MU 10+ 164.8 0.27 No No Yes Yes
9a 057 203201700 ZP2021-
0158

130-134 Berkeley
Sq
Merge 2 parcels, demo existing 1-story retail shops 0 0 0 27 27 C-DMU core
MU 10+ 450.0 0.06 Yes No Yes No
9b 057 203201800 ZP2021-
0158

130-134 Berkeley
Sq
Same project as above. Merge 2 parcels, demo existing 1-story retail shops

0 0 0 23 23 C-DMU
core
MU

10+ 460.0

0.05 Yes No - -
10 053 159200100 ZP2022-
0046
3000 Shattuck Prior gas station. New application, override ZP 2015-0229 for 23 units. Removal of existing 1 story commercial structure & construction of a new 9-story mixed-use building with 156-dwelling units, ground level commercial, and lobbies, with State of California density bonus. C-SA
2 2 0 152 156 C-SA MU 10+ 501.1 0.31 Yes No Yes Yes
11 059 232500400 ZP2021-
0084

776 Page Existing single-family dwelling. 3 SFD on one lot 0 0 0 3 3 MU-R SFD 2 to 4 33.2 0.09 No No Yes No 12 052 153101202 ZP2021-
0009
3233 Ellis Demolition of existing SFD, construction of three new, detached SFDs.
0 0 0 3 3 R2-A SFD/MF 2 to 4 21.2 0.14 No No No No
13 052 156800900 ZP2021-
0072

2942 College Vacant Dry Cleaners. Demolish and existing non-residential building and construct a new two-story mixed-use development containing 1,296 sq.ft. of ground floor commercial space and 3,278 sq.ft. of residential space, including four dwelling units, in two separate buildings.
0 0 0 4 4 C-E MU 2 to 4 27.5 0.15 No No Yes No
14 055 188000700 ZP2021-
0210

2435 Haste Demolish a two-story apartment building and construct an 8-story all residential apartment building with 37 dwelling units. Replacement of 8 protected units.
1 4 0 32 37 R-SMU MF 10+ 284.3 0.13 No No Yes Yes

C-11

APN Permit
Number
Address Project Description
(Orange Text = Prior land use)
< 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Total
Units
Zone Type Category Density
(DU/A)
Acreage 5th
Cycle
(Y/N)
Vacant
(Y/N)
SB330
(Y/N)
Density
Bonus
(Y/N)
15 055 189600500 ZP2021-
0201
2440 Shattuck Demolition of existing Dollar Tree; Proposed new mixed use building (dollar tree site); 40 New Dwelling Units
3 0 0 37 40 C-DMU
Corr
MU 10+ 203.6 0.20 Yes No Yes Yes
16 055 188100400 ZP2022-
0021

2449 Dwight Construct 4-story addition on existing 4-story mixed-use building with ground floor retail (restaurant, jewelry store, print shop, spice shop) (2015 Chandler building fire); add 27 new Dwelling Units 2 0 0 49 51 C-T MU 10+ 215.7 0.24 No No Yes Yes
17 057 202700600 ZP2021-
0193

2065 Kittredge Demolish the existing Landmark commercial building on Unit B of Parcel Map 6889 (condominium) and construct a 5-story, 216,696 SF, multi-family residential building with 189 units, and 42 underground parking spaces. Density Bonus. (formerly 2211 Harold Way)
11 0 0 178 189 C-DMU
Core
MF 10+ 245.2 0.77 No No Yes Yes
18 058 217300500 ZP2020-
0022
1650 Shattuck Prior use: dry cleaners. Construct 10 dwelling units, ground floor commercial on site of Virginia Drycleaners
2 0 0 8 10 C-NS MU 5+ 94.7 0.11 No No Yes Yes
19 053 159500903 ZP2018-
0156
3031 Adeline Existing Parking lot and 1,000 square foot fast-food bldg and construct a 5-story, 57' tall, 46,948 square foot mixed-use building with 42 dwelling units, 4,324 square feet of commercial space, and 25 parking spaces on a 12,257 square foot lot.
2 0 0 40 42 C-SA MU 10+ 149.3 0.28 Yes No Yes Yes
20 055 186901600 ZP2019-
0051
2716-2718 Durant Raise a dwelling at the front of the property to create a three-story dwelling; to raise a dwelling at the rear of the lot and construct two new dwellings below; and to not provide the two required parking spaces.
0 0 0 2 2 R-3 MF 2 to 4 28.5 0.11 No No No No
21 056 192701800 ZP2019-
0089
2371 San Pablo Alter existing one-story, 2,105 SF mixed-use building, add two stories, 4 dwelling units, with zero parking spaces, where 8 are required.
0 0 0 4 4 C-W MU 2 to 4 37.9 0.11 No No No No
22 053 168400100 ZP2020-
0118
2801 Adeline Existing Walgreens. Proposed 222 room hotel and 84 residential units
18 17 0 49 84 C-AC MU 10+ 76.4 1.10 No No No Yes
23 059 233701800 ZP2016-
0025,
ZP2021-
0085
1415 Fifth Existing single-family dwelling. Duplex and new SFD 0 0 0 3 3 MUR SFD/DP 2 to 4 20.1 0.15 No No No No 24 056 200400100 UPMOD2013-
0001

1698 University Demolish vacant automotive repair station. Construct new 5-story mixed-use building with 36 dwelling units. [A1]
3 0 0 33 36 C-U MU 10+ 157.3 0.23 No No No Yes
25 058 218102700 ZP2022-
0062

1773 Oxford Existing four-story, 6-unit building. 5-story building 20,786 square feet. There will be 16 units and two units reserved for 50% AMI or below.
2 0 0 14 16 R-4 MF 10+ 142.0 0.15 No No Yes Yes
26 057 202302500 ZP2018-
0200

2072 Addison Prior use: Fitness Center. To demolish a one-story commercial building, and to construct a seven-story, mixed-use building containing an approximately 1,425-sq. ft. restaurant serving beer and wine and 29 off-street parking spaces on the ground floor, and six stories of residential uses containing a total of 66 dwelling units. 0 0 0 66 66 C-DMU MU 10+ 281.0 0.23 Yes No No No
27 057 202600405 ZP2022-
0026

2190 Shattuck 2-story retail and 2nd story office, ground floor Walgreens. Use Permit modification of ZP2016-0117 to construct a 25-story mixed- use housing development with 274 dwelling units and ground-floor commercial under Density Bonus law.
0 0 0 274 274 C-DMU MU 10+ 597.8 0.46 Yes No Yes Yes
28 054 178101501 ZP2016-
0207
2527 San Pablo Former gas station. Use Permit #ZP2016-0207 to demolish an existing vacant service station building and construct a 6-story, mixed use building with 63 dwelling units, including 12 below market rate units for qualified persons with intellectual and developmental disabilities (I/DD); 3,179 square feet of combined ground floor commercial space for restaurant use including incidental service of beer and wine; and ground level parking for 49 vehicles.
6 6 0 51 63 C-W MU 10+ 205.9 0.31 Yes No No Yes
29 055 184702000 ZP2022-
0019

2555 College Existing two one-story commercial buildings. Construct a four-story residential building with 11 dwelling units under Density Bonus law. 1 0 0 10 11 R-3 MF 10+ 110.0 0.1 No No Yes Yes
30 054 174203400 ZP2022-
0033

2727 San Pablo Existing Vacated Tax Services Business. Construct 3-story, 6,928 sq.ft residential building with 4 dwelling units and two off-street parking spaces.
0 0 0 4 4 C-W MF 2 to 4 49.9 0.08 No No Yes No
31 053 163400401 B2015-
01784
3020 San Pablo Existing vacant lot. Five story mixed-use building totaling 33,645 gross square feet with 29 residential units, and 2,287 square feet of commercial space.
5 0 0 24 29 C-W SP
Node
MU

10+ 138.6 0.21 No Yes No Yes

C-12

APN Permit
Number
Address Project Description
(Orange Text = Prior land use)
< 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Total
Units
Zone Type Category Density
(DU/A)
Acreage 5th
Cycle
(Y/N)
Vacant
(Y/N)
SB330
(Y/N)
Density
Bonus
(Y/N)
32 056 194500600 ZP2017-
0039

739 Channing Existing surface parking lot. Construct 3 detached bldgs, 1 office space, 4 LW arts/crafts
0 0 0 14 14 MU-

LI/M-UR
MU/LW 10+ 37.4 0.37 No No No No
33 060 235000802 ZP2022-
0020

919 Camelia Existing vacant lot. Construct new 7,020 sq. ft. building containing three live/work units on vacant 3,510 sq. ft. parcel.
0 0 0 3 3 MULI LW 2 to 4 37.5 0.08 No Yes No No
34 055 182102100 ZP2021-
0095

2018 Blake Fire damaged SFR; Construct a six-story, multi-family residential building with 12 units (including 1 VLI unit), under State Density Bonus. 15% VLI for 50% bonus.
1 0 0 11 12 R-4 MF 10+ 100.7 0.12 No No Yes Yes
35 054 178102900 ZP2022-
0028

1200 Dwight SFD; Build two two-story dwellings, with a rear setback of 16 feet where 20 feet is required.
0 0 0 1 1 R-2 DP 2 to 4 15.4 0.13 No No Yes No
Anticipated Applications 353 113 30 2,567 3,063 16 16 1 058 212901700 PLN2022-
0093
1701 San Pablo Existing BUSD parking lot. SB 35 on BUSD property 32 48 30 0 110 R-2 MF 10+ 30.6 4.45 No No Yes Yes 2a 053 159202200 PLN2021-
0072

2024 Ashby SB35 Preliminary Application St. Paul's AME Church. Merge two lots and perform lot line adjustment. Demolish two non-residential buildings, and construct a mixed-use, six-story building, with 52 100% affordable units, church entry and offices, 800 SF of commercial, and 19 underground parking spaces. Utilizes Tier 4, North Adeline, Incentive Development Standards.
9 9 0 0 18 C-AC MU 5+ 152.5 0.118 No No No No
2b 053 159202100 PLN2021-
0072

2024 Ashby

Same project as above. SB35 Preliminary Application St. Paul's AME Church. Merge two lots and perform lot line adjustment.

Demolish two non-residential buildings, and construct a mixed-use, six-story building, with 52 100% affordable units, church entry and offices, 800 SF of commercial, and 19 underground parking spaces.

Utilizes Tier 4, North Adeline, Incentive Development Standards. 15 15 0 0 30 C-AC MU 5+ 157.9 0.19 No No - -
3 056 200402000 PLN2022-
0047

1652 University Existing Use: 2-story mixed, vacant ground floor retail (former RadioShack). 5-story mixed use building with 26 units and commercial space. 2 L/W units, 26 du (1 VLI) Adjacent to Fox Commons, landmark and large protected oak tree.
1 0 0 25 26 C-U MU 10+ 151.4 0.17 No No Yes Yes
4 052 153300103 PLN2021-
0037

1708 Harmon SB35 Preliminary Application Ephesian Church. Demolish three non- residential buildings, and construct a 100% affordable residential, five-story building for seniors, with 82 units, 63 ground-level parking spaces. Utilizes Tier 4, South Adeline, Incentive Development Standards. C-AC
41 41 0 0 82 C-AC GLA 10+ 78.3 1.05 No No No No
5 057 210000708 PLN2022-
0039

1914 Fifth Current: Boutique retail building and parking lot. Construct 257 dwelling units, ground floor lobby and commercial. two floors of parking. 6 stories. Density Bonus
21 0 0 236 257 C-W MU 10+ 253.9 1.01 No No Yes Yes
6a 057 208502500 PLN2022-
0026

1931 San Pablo Current: Surface parking, BBQ kiosk, 99 Cent stores; Construction of a new 7-story mixed-use residential development with up to 323 dwelling units on 59,000 sq ft. lot, fronting on San Pablo and Hearst with lobbies, commercial and parking using state density bonus. 23 0 0 252 275 C-W MU 10+ 238.3

1.15 Yes No Yes Yes
6b 057 208501500 PLN2022-
0026

1955 San Pablo Same project as above. Small BBQ kiosk; SB-330 application for the construction of a new 7-story mixed-use residential development with up to 323 dwelling units on 59,000 sqft. lot, fronting on San Pablo and Hearst with lobbies, commercial and parking using state density bonus.
4 0 0 44 48 C-W MU 10+ 239.5 0.20 No No - -
7a 057 205300200 PLN2022-
0057

1974 Shattuck Current: Spats restaurant; 1974-1998 Shattuck, and build new 26- story mixed-use building with 297 dwellings, using a Density Bonus. 24 0 0 214 238 C-DMU
Oute
MU 10+ 2043.0 0.12 Yes No Yes Yes
7b 057 205300302 PLN2022-
0057

1984 Shattuck Same project as above. Current: 1 story commercial; 1974-1998 Shattuck, and build new 26-story mixed-use building with 297 dwellings, using a Density Bonus.
6 0 0 53 59 C-DMU
Oute
MU 10+ 1904.1 0.03 Yes No - -
8a 055 182201400 PLN2022-
0029

2001 Blake SB330 Preliminary Application for UP Modification of ZP2020-0072 to increase unit total from 168 to 198, and the building height from 7 floors to 8 floors. / Demolish 3 existing commercial buildings and 1 duplex; restore and relocate 2 residential buildings on the site (includes 7 rent-controlled units); merge and reconfigure 7 parcels into 2 parcels; Density bonus project.
1 0 0 20 21 R-4 MF 10+ 236.1 0.09 No No Yes Yes

C-13

APN Permit
Number
Address Project Description
(Orange Text = Prior land use)
< 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Total
Units
Zone Type Category Density
(DU/A)
Acreage 5th
Cycle
(Y/N)
Vacant
(Y/N)
SB330
(Y/N)
Density
Bonus
(Y/N)
8b 055 182202100 PLN2022-
0029

2012 Dwight Same project as above. 2-story residential building; SB330 Preliminary Application for UP Modification of ZP2020-0072 to increase unit total from 168 to 198, and the building height from 7 floors to 8 floors. / Demolish 3 existing commercial buildings and 1 duplex; restore and relocate 2 residential buildings on the site (includes 7 rent-controlled units); merge and reconfigure 7 parcels into 2 parcels; Density bonus project.
1 0 0 26 27 R-4 MF 10+ 252.23 0.12 No No - -
8c 055 182201303 PLN2022-
0029

2015 Blake Same project as above. Existing parking lot; SB330 Preliminary Application for UP Modification of ZP2020-0072 to increase unit total from 168 to 198, and the building height from 7 floors to 8 floors. / Demolish 3 existing commercial buildings and 1 duplex; restore and relocate 2 residential buildings on the site (includes 7 rent-controlled units); merge and reconfigure 7 parcels into 2 parcels; Density bonus project.
2 0 0 28 30 R-4 MF 10+ 208.3 0.15 No No - -
8d 055 182201304 PLN2022-
0029

2015 Blake Same project as above. 2-story building; SB330 Preliminary Application for UP Modification of ZP2020-0072 to increase unit total from 168 to 198, and the building height from 7 floors to 8 floors. / Demolish 3 existing commercial buildings and 1 duplex; restore and relocate 2 residential buildings on the site (includes 7 rent-controlled units); merge and reconfigure 7 parcels into 2 parcels; Density bonus project.
2 0 0 28 30 R-4 MF 10+ 208.3 0.15 No No - -
8e 055 182202200 PLN2022-
0029

2016 Dwight Same project as above. Existing parking lot; SB330 Preliminary Application for UP Modification of ZP2020-0072 to increase unit total from 168 to 198, and the building height from 7 floors to 8 floors. / Demolish 3 existing commercial buildings and 1 duplex; restore and relocate 2 residential buildings on the site (includes 7 rent-controlled units); merge and reconfigure 7 parcels into 2 parcels; Density bonus project.
1 0 0 29 30 R-4 MF 10+ 208.3 0.15 No No - -
8f 055 182201302 PLN2022-
0029

2019 Blake Same project as above. 1-story building; SB330 Preliminary Application for UP Modification of ZP2020-0072 to increase unit total from 168 to 198, and the building height from 7 floors to 8 floors. / Demolish 3 existing commercial buildings and 1 duplex; restore and relocate 2 residential buildings on the site (includes 7 rent-controlled units); merge and reconfigure 7 parcels into 2 parcels; Density bonus project.
1 0 0 29 30 R-4 MF 10+ 208.3 0.15 No No - -
8g 055 182202300 PLN2022-
0029

2020 Dwight Same project as above. 2-story residential building: SB330 Preliminary Application for UP Modification of ZP2020-0072 to increase unit total from 168 to 198, and the building height from 7 floors to 8 floors. / Demolish 3 existing commercial buildings and 1 duplex; restore and relocate 2 residential buildings on the site (includes 7 rent-controlled units); merge and reconfigure 7 parcels into 2 parcels; Density bonus project.
1 0 0 29 30 R-4 MF 10+ 194.8 0.15 No No - -
9a 057 203100101 PLN2022-
0056

2128 Oxford, 2132-
2154 Center
Demolition of two mixed use buildings (retail/restaurant first floor, 16 dwelling units above), replaced with new 26-story mixed use building with 485 dwelling units. Merge two parcels: 057 203101500 and 057 203100101.
17 0 0 153 170 C-DMU
Core
MU 10+ 764.4 0.28 Yes No Yes Yes
9b 057 203101300 PLN2022-
0056

2128 Oxford, 2132-
2154 Center
Same project as above. Demolition of two mixed use buildings (retail/restaurant first floor, 16 dwelling units above), replaced with new 26-story mixed use building with 485 dwelling units. Merge two parcels: 057 203101500 and 057 203100101.
30 0 0 285 315 C-DMU
Core
MU 10+ 688.5 0.52 Yes No - -
10 056 197701101 ZP2021-
0046

2136-2154 San
Pablo
Demolish an existing two-story nonresidential structure (Kung-Fu Academy, Auto Repair) and (2) to construct a six-story mixed-use building with 123 residential units (five residential stories above a podium), three live-work units at the ground level, and 50 off- street parking spaces in a mechanical lift system. 10 0 0 116 126 C-W MU 10+ 235.6 0.53 Yes No Yes Yes
11 056 198304201 PLN2022-
0020

2147 San Pablo Currently Beyond Repair Auto Repair. Construct 6-story, mixed-use building with 3,000 SF of retail (2 units),128 GLA units (bed, bath and kitchenette), including 12 VLI units, shared living, cooking, and dining areas per floor, and 14 ground-level parking.
12 0 0 116 128 C-W MU/GLA 10+ 382.7 0.33 No No Yes Yes

C-14

APN Permit
Number
Address Project Description
(Orange Text = Prior land use)
< 50%
AMI
50-80%
AMI
80-
120%
AMI
>120%
AMI
Total
Units
Zone Type Category Density
(DU/A)
Acreage 5th
Cycle
(Y/N)
Vacant
(Y/N)
SB330
(Y/N)
Density
Bonus
(Y/N)
12a 055 189600300 PLN2022-
0036

2420 Shattuck Vacated Gio's Pizza and Bocce restaurant. Construct 16-story mixed-use building with 146 dwelling units, ground level lobbies, and commercial space with state of California density bonus. 9 0 0 81 90 C-DMU
Corr
MU 10+ 500.0 0.18 Yes No Yes Yes
12b 055 189600400 PLN2022-
0036

2428 Shattuck Same project as above. Existing use: Restaurant; Construct 16-story mixed-use building with 146 dwelling units, ground level lobbies, and commercial space with state of California density bonus. 6 0 0 50 56 C-DMU
Corr
MU 10+ 515.8 0.11 Yes No - -
13a 054 178501700 PLN2022-
0048

2601 San Pablo Construction of new, 8-story mixed-use residential development with residential lobby, commercial space, and parking. 242 Dwelling Units utilizing State Density Bonus (25 VLI units)
14 0 0 121 135 C-W MU 10+ 313.3 0.48 No No Yes Yes
13b 054 178501400 PLN2022-
0048

San Pablo Same project as above. Vacant parcel; Construction of new, 8-story mixed-use residential development with residential lobby, commercial space, and parking. 242 Dwelling Units utilizing State Density Bonus (25 VLI units)
2 0 0 20 22 C-W MU 10+ 309.3 0.08 No Yes - -
13c 054 178501600 PLN2022-
0048

2603 San Pablo Same project as above. Vacant commercial building; Construction of new, 8-story mixed-use residential development with residential lobby, commercial space, and parking. 242 Dwelling Units utilizing State Density Bonus (25 VLI units)
6 0 0 47 53 C-W MU 10+ 314.0 0.19 No No - -
13d 054 178501500 PLN2022-
0048

2613 San Pablo Same project as above. Vacant commercial building; Construction of new, 8-story mixed-use residential development with residential lobby, commercial space, and parking. 242 Dwelling Units utilizing State Density Bonus (25 VLI units)
3 0 0 29 32 C-W MU 10+ 312.9 0.11 No No - -
14 053 159001101 PLN2022-
0016

2920 Shattuck Existing True Value Hardware and Model Garage site. Construct 10- story mixed-use residential 221 dwelling units, ground-floor commercial DB
22 0 0 199 221 C-SA MU 10+ 493.1 0.45 No No Yes Yes
15 057 203000900 PLN2022-
0067
2113 Kittredge The California Theater. This building at 2113 Kittredge would be demolished to allow construction of the new project. The proposed land use is a mixed-use residential development in the C-DMU zoning district. The proposed multi-family project will have 214 units in approximately 148,206 SF of floor area. The proposed project will have a live performance theater, with approximately 18,325 SF of nonresidential floor area. The use category for the theater will be ‘theater’, which is allowed in the C-DMU Core zone with an Administrative Use Permit
22 0 0 192 214 C-DMU
Corer
MU 10+ 690.2 0.31 No No Yes Yes
16 054 171400501 PLN2022-
0061

2712 Telegraph Construction of a 5-story, mixed-use building with 35 dwelling units. 3 0 0 32 35 C-C MU 10+ 175.0 0.2 No No Yes Yes 17 053 168900100 PLN2022-
0060

2800 Telegraph SB330 Pre-Application: Construction of a new five-story residential building with 13 dwelling units.
1 0 0 12 13 C-C MF 10+ 6.4 2.04 No No Yes Yes
18 053 168602000 PLN2022-
0031

2847 Shattuck SB 330 Preliminary Application to demolish 1-story commercial building ad construct a 9-story mixed use building with 112 dwelling units, utilizing Density bonus.
11 0 0 101 112 C-SA MU 10+ 448.0 0.25 No No Yes Yes

C-15

C5.2 OPPORTUNITY SITES – NO REZONE R EQUIRED
To identify additional capacity for residential development, the City underwent a thorough review and analysis of the City’s vacant and underutilized sites. Before starting with the site selection process, the City arrived at baseline densities for estimating capacity based on project trends in each zone since the majority of Berkeley’s zoning districts do not have density standards. The site selection process adopted an objective approach by establishing a selection criterion to identify parcels that are more likely to be developed or redeveloped, focusing on sites with existing uses that are older or show signs of disinvestment or deferred maintenance. These criteria included:
realistic parcel sizes, improvement to land ratio, age of building structure on the site, and existing density with respect to potential for redevelopment for different zoning designations. Some sites with existing lower-density residential uses provide the opportunity for significant capacity increases. These assumptions were derived looking at city-specific trends for existing developments and projects in the pipeline in each zoning designation that allowed residential development. The selection was conducted using GIS and information from the County Assessor’s database to determine all sites that fulfilled the established criteria. The selection criterion was revised and refined at different stages to arrive at a realistic selection of potential sites.

This first step in the process resulted in a long list of eligible sites that were then further scrutinized parcel by parcel using aerial maps, site visits, and local knowledge of the neighborhoods. Each parcel was either included or excluded if it seemed viable with respect to the surrounding context and on-ground conditions like street access, existing land use, lot dimensions, the age and condition of the property. Information regarding ownership helped identify and include sites that could potentially undergo lot consolidation and together become feasible for residential development.

This stage of the sites review process applied the same filtering criteria to analyze undeveloped 5 th
cycle sites and included sites which fulfilled the selection criteria. Sites unlikely to develop for varied reasons were eliminated.

At multiple stages of the process, City staff reviewed and verified the selected sites which was then integrated into the list of feasible sites that could be counted towards meeting the RHNA goals. This iterative process was repeated until the City arrived at a satisfactory final list of potential additional sites reflective of the ground reality and zoned to allow residential development. A full list of the Potential Additional Sites is listed as an appendix at the end of this section, in Table C-10:

Opportunity Sites – No Rezone Required.

Parcel-level data on existing conditions (such as building age, existing square footage, and existing use) is incomplete in some cases. Therefore, each parcel is evaluated based on multiple factors.

Visual survey of existing uses via Google Earth was conducted on every parcel to confirm existing uses and conditions, underutilization status, and potential for redevelopment due to similar characteristics to areas nearby that have experienced recycling activities.

Broadly, sites were reviewed and excluded from potential reuse if:
• Current zoning designation does not allow residential use; • Parcel is not State- or county-owned; and

C-16

• Parcel is developed with condos or large apartment buildings.

Sites were considered for re-use if:
• Vacant or with minimal improvements
• Used as a parking lot
OR, if nonvacant but met at least two of t he following criteria:
• Buildings on the parcel are “older”. The team used a threshold of 40 years old for residential buildings and 30 years old for non-residential buildings. Projects built or proposed between 2013 and 2021 indicate properties with a range of building ages being redeveloped, including buildings constructed after 2000 being proposed for redevelopment.

Buildings older than 30 years typically require significant systems upgrades and often do not meet ADA requirements. Any significant improvements would require these buildings to become ADA-compliant, which could be cost and/or physically prohibitive. • Parcel has an improvement-to-l
and
assessed value ratio (ILR). Low improvement to
land ration indicates improvements on site is worth less than the land, an indicating of underutilized land and lack of significant improvements in recent years. Projects developed or proposed between 2013 and 2021 (when data on pre-existing conditions is available) indicate that properties have with ILR of much higher (over 2.0) have been recycled in Berkeley. Buildings with declining uses may still be assessed at high ILR for property tax purposes. Such properties become a financial liability to owners when declining uses do not generate adequate revenues or incomes. An old building with a low base value would also show an ILR that appears artificially high.
• Parcel is underutilized based on existing Floor Area Ratio (FAR). Overall, projects built or proposed between 2013 and 2021 indicate an average existing Floor Area Ratio of 0.60.

However, properties within very high density zones (such as C-W, C-T, and C-DMU) have recycled buildings that have existing FARs above 1.0 and even over 3.0 in some cases.

Similar to ILR, buildings with declining uses may have high FARs, such as old commercial buildings or retail shopping uses. Therefore, an existing FAR of 0.60 is used as threshold for lower intensity zones (less than 100 units per acre). For properties in higher intensity zones (more than 100 units per acre), an existing FAR of 1.50 is used. • Current and adjacent uses make development feasible. Regionally and in Berkeley, a variety of existing uses have been redeveloped, including auto-related uses (auto repairs, gas stations), banks, low-intensity retail and commercial uses, and church properties. Due to COVID, trends relating to remote working and online shopping have accelerated. There are vacated commercial buildings in the City, indicating an excess supply of outdated commercial spaces. Improved fuel efficiency of cars and the requirement to move toward all electrical have also accelerated the conversion of gas stations and auto-related uses to other uses.
• Parcel size is between 0.5 and 10 acres (for lower income categories) or less than 0.5 acre for moderate and above-moderate income categories. Note that parcels may be consolidated to achieve the 0.5-acre minimum threshold.

In summary, Table C-10 details the site selection criteria as follows:

C-17

• 1 = Vacant or parking lots
• 2a = Building age ≥ 30
• 2b = Existing FAR ≤ 1.50 or density above 100 du/ac and 0.60 for density less than 100 du/ac
• 2c = Improvement to Land Ratio (ILR) ≤ 2.00
• 2d = Current and adjacent uses made development feasible; visual confirmation on Google Earth
• 2e = Parcel size is between 0.5 and 10 acres unless for moderate or above moderate income • 2f = Lot consolidation with common owners
C5.3 DEVELOPMENT TRENDS AND REALISTIC CA PACITY
Density Assumptions
As stated above, the City expects to augment its housing stock primarily through infill and redevelopment along major corridors/streets and where zoning allows for high-density housing in conjunction with mixed-use development. Government Code Section 65583.2 (c) requires the calculation of projected residential development capacity of the sites identified in the housing element that can realistically be achieved. The City estimated development potential for the sites by calculating the average baseline density (without density bonus) achieved for recently approved, under construction, or completed mixed-use and residential projects per zoning district. This calculation is critical since the majority of the City’s zoning districts do not have density standards.

The average density assumptions listed in Table C-7 were used to calculate the capacity of sites for potential additional sites that do not require rezoning. The detailed list of projects considered to arrive at these density assumptions are included in the appendix at the end of this section. A detailed list of projects used to develop the average achievable densities is included at the end of this appendix in Table C-11.

The maximum density listed in Table C-7 is included to demonstrate that the average is a conservative estimate of the number of units that could be developed on these sites. As demonstrated below in both Table C-7 and Table C-10, there is evidence of existing projects in the same zoning districts that have been developed at a much higher density than the average density used for the purposes of this exercise.

Table C -7: Achieved Density Trends and Density Assumptions District Average
Density
Based on
2+ Projects
(du/ac)
Maximum
Density
Based on 2+
Projects
(du/ac)
Density
Assumption
for RHNA
(du/ac)
Methodology Overview
R-1 6.1 6.1 6.0
ES-R 1.2 1.2 1.0
R-1A 16.4 18.2 15.0 Based on 2 projects with densities from 14.6 to 18.2 du/ac
R-2 21.6 36.9 20.0 Based on 3 projects with densities from 12.9 to 36.9 du/ac
R-2A 26.9 50.8 25.0 Based on 13 projects with densities from 12.9 to 50.8 du/ac

C-18

R-3 45.9 85.1 40.0 Based on 9 projects with densities from 21.4 to 85.1 du/ac
R-4 86.1 150.6 75.0 Based on 5 projects with densities from 26.8 to 150.6 du/ac
R-S 102.5 129.1 100.0 Based on 3 projects with densities from 64.5 to 129.1 du/ac
R-SMU 212.0 234.6 200.0 Based on 2 projects with densities from 189.5 to 234.6 du/ac
C-C 143.1 173.5 125.0 Based on 2 projects with densities from 112.6 to 173.5 du/ac. Note that 1 project was approved under the
former C-1 zoning designation but is now zoned C-C
C-U 158.8 268 150.0 Based on 5 projects with densities from 17.5 to 268 du/ac. Note that 3 of these projects were approved
under the former C-1 designation but are now zoned C-
U
Neighborhood
Commercial (C-

N, C-E, C-NS, C-
SO)

58.1 94.7 50.0 Based on 3 projects with densities from 28.6 to 94.7 du/ac
C-SA 183.5 207.8 180.0 Based on 7 projects with densities from 106.7 to 207.8 du/ac
C-T 168.1 442.9 160.0 Based on 10 projects with densities from 31.3 to 442.9 du/ac
C-DMU Core 339.8 457.4 320.0 Based on 9 projects with densities from 188.1 to 457.4 du/ac
C-DMU Outer
Core
247.4 390.0 225.0 Based on 6 projects with densities from 143.4 to 390.0 du/ac
C-DMU Corridor 167.8 167.8 150.0 Not enough projects so based on C-DMU Buffer projects
C-DMU Buffer 167.8 190.5 150.0 Based on 6 projects with densities from 129.3 to 190.5 du/ac
C-W 136.8 272 135.0 Based on 22 projects with densities from 53.4 to 272 du/ac
C-AC 210.0 210.0 210.0 70% of max density defined in recently adopted Specific Area Plan
MU-R 28.0 34.8 24.4 Based on 9 projects with densities between 20.0 to

34.8 du/ac
Lot Consolidation
Recently there have been several projects that utilized lot consolidation for residential and mixed- use housing. For the Opportunity Sites, the site selection and review process took into consideration ownership information and only assumed lot consolidation where adjacent parcels belong to the same owner. This was done in conjunction with reviewing the sites using ownership data from the accessors parcel database, aerial photography, site visits, and local knowledge of the areas. Overall, 81 opportunity sites were considered feasible for lot consolidation to form larger parcels and were included in the final sites inventory and annotated with a letter (A, B, C, and so forth) for identification purposes. See Table C-10: Opportunity Sites – No Rezone Required.

Each site (parcel or groups of parcels of common ownership) has been assigned a Priority level based on size:
• High Priority (1) - A site/parcel larger than 0.5 acre, is adequate for facilitating lower income units

C-19

• Medium Priority (2) – A site/parcel between 0.35 and 0.5 acre that based on the City’s trend of affordable housing development, is adequate for facilitating lower income units • Low Priority (3) – A site/parcel less than 0.35 acre, is not adequate for facilitating lower income units
Affordable Project Development Trends
Table C-8 lists examples of affordable housing projects that are on sites smaller than 0.5 acre.

Specifically, these projects average to a small lot size of only 0.25 acre. As a conservative assumption, only parcels or sites (groups of parcels with common ownership) that are larger than

0.35 acre are considered adequately sized for lower income housing.

Table C -8: Affordable Housing Projects on Sites Smaller than 0.5 acre Project Address Affordability Level Acreage Density
Achieved
(du/ac)
Zoning
District Very
Low
Low Mod Above
Mod
Total
Built
2748 San Pablo 23 - - - 23 0.23 100.5 C-W
Harper Crossing (3132 MLK Way) 31 10 1 1 43 0.33 130 C-AC Shattuck Senior Homes - 27 - - 27 0.16 168 C-DMU
Corridor
1601 Oxford 21 13 - 3 37 0.33 112 R-3
Approved
1776/1782/1790 University - 11 68 - 79 0.22 350 C-U
Density and Affordability Assumptions
State law (Assembly Bill 2342/Government Code 65583.2) uses density as a proxy for income/affordability for the sites inventory. Table C-9: Affordability by Density, Size and Site Capacity shows the site conditions used to determine affordability for the sites inventory. Generally, lower density zones are presumed to be affordable to moderate and above moderate households.

Under state law, the “default density” for most jurisdictions in urban counties is 30 units/acre.

Default density refers to the density considered suitable to encourage and facilitate the development of affordable housing.

The sites inventory assumes that sites with densities of at least 30 du/acre are affordable to lower income households, as explained in Table C-9.

Table C -9: Affordability by Density, Size and Site Capacity Income Level Site Characteristics
Lower
Site size is between 0.35 and 10 acres alone or in consolidation with adjacent sites. AND Density assumed is at least 30 du/ac, AND
Site capacity is at least 50 units
Moderate Site size is between 0.10 and 0.35 acres alone or in consolidation with adjacent sites, AND Site capacity is between 30 and 50 units, AND

C-20

Lot consolidation of contiguous parcels of common ownership only Above
Moderate
Density assumed is less than 30 du/ac, OR
Sit
e capacity is less than 30 units

C-21

Table C -10 Opportunity Sites - No Rezone Required
Criteria Unit Count
APN Address Vacant
Lot
Bldg
Age
Extg FAR Imp-Land
Ratio
Existing Land Use Acres Consol
Lot
Site Criteria Met RHNA
Cycle 5
GP/Zoning Priority Avg
Density
Lower Moderate Above Total
Potl
Units
1a 055
182501900
2609 SHATTUCK

No - - 0.28 Vacant, boarded up 1-story
commercial structure, no tenant,
last sold in December 2021, 10
surface parking spaces; new
housing development across the
street includes a 5-story, 155 unit
apartment building constructed in
2016, replacing a similar low-profile
commercial structure

0.34 BB Meets Criteria 2c, 2d, 2e, 2f
- Improvement-to-Land Ratio less than 2.0 (0.28)
- Current vacant, boarded up one-story commercial
structure located on a major transit corridor, in close proximity to other new residential developments –
2215 Parker (ZP2018-0161) and 2701 Shattuck
(ZP2016-0244) – and similar to other commercial
structures that have been replaced by residential
developments - such as 2440 Shattuck (ZP2021-
0201), 2970 Adeline (ZP2021-0140), and 130-134
Berkeley Sq (ZP2021-0158) - make development
feasible
- Parcel size is between 0.5 and 10 acres (0.94 acres
when consolidated)
- Lot consolidation potential (common owners)
No BC/C-AC 1 210 72 0 0 72
1b 055
182501502
2621 SHATTUCK

No - - 0.07 Vacant 1-story commercial structure and parking lot (formerly Wick’s TV
Appliance); no tenant, last sold in
December 2021, 20 surface parking
spaces; same owner as adjacent lot
(055 182501900); Walker’s
Paradise (92), Good Transit (67),
Biker’s Paradise (95); new housing
development across the street
includes a 5-story, 155 unit
apartment building constructed in
2016, replacing a similar low-profile
commercial structure

0.6 BB Meets Criteria 2c, 2d, 2e, 2f
- Improvement-to-Land Ratio less than 2.0 (0.07)
- Current vacant, boarded up one-story commercial
structure located on a major transit corridor, in close proximity to other new residential developments –
2215 Parker (ZP2018-0161) and 2701 Shattuck
(ZP2016-0244) – and similar to other commercial
structures that have been replaced by residential
developments - such as 2440 Shattuck (ZP2021-
0201), 2970 Adeline (ZP2021-0140), and 130-134
Berkeley Sq (ZP2021-0158) - make development
feasible
- Parcel size is between 0.5 and 10 acres (0.94 acres
when consolidated)
- Lot consolidation potential (common owners)
No BC/C-AC 1 210 126 0 0 126
2a 055
182401600
2555 SHATTUCK

No - 0.33 0.13 Used car lot with 1-story commercial
building (permanently closed;
formerly Berkeley Toyota)

0.15 J Meets Criteria 2b, 2c, 2d, 2e, 2f
- Existing FAR is less than 1.50 (0.33)
- Improvement-to-Land Ratio less than 2.0 (0.13)
- Currently vacant used car lot located on a major
transit corridor in close proximity to new residential
developments – 2215 Parker (ZP2018 -0161) and
2701 Shattuck (ZP2016-0244) – and similar to other
former auto dealerships and used car lots that have
been replaced by residential developments, such as
2701 Shattuck (ZP2016-0244), make development
feasible
- Parcel size is between 0.5 and 10 acres (when
consolidated – 0.58 acres)
- Lot consolidation potential (common owners)
No BC/C-AC 1 210 0 32 0 32
2b 055
182401400
2105 PARKER ST

No - 0.45 1.78 1-story commercial complex with
parking lot; auto service related
business and furniture store;
adjacent to 2-story commercial
complex; nearby lot

0.43 J Meets Criteria 2b, 2c, 2d, 2e, 2f
- Existing FAR is less than 1.50 (0.45)
- Improvement-to-Land Ratio less than 2.0 (1.78)
- Current commercial complex (including auto service
related business) located on a major transit corridor in close proximity to new residential developments –
2215 Parker (ZP2018-0161) and 2701 Shattuck
(ZP2016-0244) – and similar to other former auto
service related businesses that are currently being
replaced by residential developments, such as 1835
San Pablo (ZP2018-0220), 2099 MLK Jr. (ZP2019-
0081), and 2136-2154 San Pablo (ZP2021-0046),
make development feasible
- Parcel size is between 0.5 and 10 acres (when
consolidated – 0.58 acres)
- Lot consolidation potential (common owners)
No BC/C-AC 1 210 90 0 0 90

C-22

Criteria Unit Count
APN Address Vacant
Lot
Bldg
Age
Extg FAR Imp-Land
Ratio
Existing Land Use Acres Consol
Lot
Site Criteria Met RHNA
Cycle 5
GP/Zoning Priority Avg
Density
Lower Moderate Above Total
Potl
Units
3 055
182301101
2104 DWIGHT WAY

No - 0.32 0.04 Parking lot 1 Meets Criteria 1, 2b, 2c, 2d, 2e - Vacant and/or parking lots
- Existing FAR is less than 1.50 (0.32)
- Improvement-to-Land Ratio less than 2.0 (0.04)
- Current surface parking lot located in close proximity to other residential developments – 2012 Dwight
(PLN2022-0029) – and similar to other former
surface parking lots that have been replaced with a
large residential development, such as 2542 Durant
(ZP2016-0172), make development feasible
- Parcel size is between 0.5 and 10 acres (1 acre)
Yes BC/C-AC 1 210 209 0 0 209
4 052
157602701
3030 TELEGRAPH AVE No 57 0.42 1.10 Healthcare center parking lot 0.63 Meets Criteria 1, 2a, 2b, 2c, 2d, 2e - Vacant and/or parking lots
- Building age greater than 30 years (57)
- Existing FAR is less than 1.50 (0.42)
- Improvement-to-Land Ratio less than 2.0 (1.10)
- Current surface parking lot located on a major transit corridor, in close proximity to other residential
development – 3030 Telegraph (ZP2020- 0069) – and
similar to a surface parking lot that has been replaced with a large residential development: 2542 Durant
(ZP2016-0172), make development feasible
- Parcel size is between 0.5 and 10 acres (0.63 acres)
No BC/C-C 1 124 78 0 0 78
5 055
184002401
2655 TELEGRAPH AVE No 64 0.58 1.31 1-story single-tenant drugstore (CVS, formerly Andronico’s) and 88
space parking lot; Walker’s Paradise
(95), Good Transit (62);
tenant/lease/sale data not
available on CoStar

1.04 Meets Criteria 2a, 2b, 2c, 2d, 2e
- Building age greater than 30 years (64)
- Existing FAR is less than 1.50 (0.58)
- Improvement-to-Land Ratio less than 2.0 (1.31)
- Current single-story drugstore and large surface
parking lot located along a major transit corridor in
close proximity to other residential developments –
2712 Telegraph (PLN2022-0061), 2556 Telegraph
(ZP2015-0096) – and similar to large commercial
redevelopments, such as 2801 Adeline (ZP2020-
0118), an existing Walgreens; 2190 Shattuck (ZP
2022-0026), an existing Walgreens; and 2440
Shattuck (ZP201-0201), an existing Dollar Tree, make
development feasible.
- Parcel size is between 0.5 and 10 acres (1.04 acres)
No BC/C-C 1 125 130 0 0 130
6a 057
202801200
2235 MILVIA ST No - 0.37 0.59 Two small 1-story buildings - a restaurant and temporarily closed
recording studio - and small parking
lot, downtown

0.06 BC Meets Criteria 2b, 2c, 2d, 2e, 2f
- Existing FAR is less than 1.50 (0.37)
- Improvement-to-Land Ratio less than 2.0 (0.59)
- Current single-story commercial buildings and parking lot in close proximity to other residential development – 2065 Kittredge (ZP2021-0193), 2210 Harold
(ZP2020-0011), 2028 Bancroft (ZP2017-0103) –
and similar to redevelopments of other small
commercial buildings, such as 2970 Adeline
(ZP2021-0140), 1776/1782/1790 University
(PLN2021-0063), and 130-134 Berkeley Sq
(ZP2021-0158), make development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (above
moderate units)
- Lot consolidation potential (common owners)
Yes DT/C-DMU
Buff
1 150 0 0 8 8
6b 057
202801300
2000 KITTREDGE ST No - 0.05 0.35 1-story car rental and parking lot, downtown

0.27 BC Meets Criteria 1, 2b, 2c, 2d, 2e, 2f
- Vacant and/or parking lots
- Existing FAR is less than 1.50 (0.05)
- Improvement-to-Land Ratio less than 2.0 (0.35)
- Currently one-story commercial structure and parking
lot (auto service-related business) in close proximity
to other residential development – 2065 Kittredge
Yes DT/C-DMU
Buff
1 150 0 40 0 40

C-23

Criteria Unit Count
APN Address Vacant
Lot
Bldg
Age
Extg FAR Imp-Land
Ratio
Existing Land Use Acres Consol
Lot
Site Criteria Met RHNA
Cycle 5
GP/Zoning Priority Avg
Density
Lower Moderate Above Total
Potl
Units
(ZP2021-0193), 2210 Harold (ZP2020-0011), 2028
Bancroft (ZP2017-0103) – and similar to other former
auto service related businesses that are currently
being replaced by residential developments, such as
1835 San Pablo (ZP2018-0220), 2099 MLK Jr.
(ZP2019-0081), and 2136-2154 San Pablo
(ZP2021-0046), make development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (moderate units)
- Lot consolidation potential (common owners)
7a 055
189700103
2480 SHATTUCK AVE No - 0.99 2.87 1-story commercial (bike shop), downtown

0.17 W Meets Criteria 2b, 2d, 2e, 2f
- Existing FAR is less than 1.50 (0.99)
- Current single-story commercial building and parking
lot located along a major transit corridor, and in close proximity to new residential development – 2440
Shattuck (ZP2021-0201) and 2428 Shattuck
(PLN2022-0036)- and similar to other residential
redevelopment of commercial structures, such as
2970 Adeline (ZP2021-0140), 1776/1782/1790
University (PLN2021-0063), and 130-134 Berkeley
Sq (ZP2021-0158), support additional residential
development on this site.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 0.52 acres)
- Lot consolidation potential (common owners)
Yes BC/C-DMU
Buff
1 150 0 0 25 25
7b 055
189700600
2450 SHATTUCK AVE No 103 0.76 1.98 1-story commercial structure – one vacant store front, 1 laundry, 1
restaurant, 1 music store, downtown

0.35 W Meets Criteria 2a, 2b, 2c, 2d, 2e, 2f
- Building age greater than 30 years (103)
- Existing FAR is less than 1.50 (0.76)
- Improvement-to-Land Ratio less than 2.0 (1.98)
- Current partially vacant single-story commercial
building located along a major transit corridor, and in close proximity to new residential development –
2440 Shattuck (ZP2021-0201) and 2428 Shattuck
(PLN2022-0036) - and similar to other residential
redevelopment of commercial structures, such as
2970 Adeline (ZP2021-0140), 1776/1782/1790
University (PLN2021-0063), and 130-134 Berkeley
Sq (ZP2021-0158), support additional residential
development on this site.
- 0.5 and 10 acres (when consolidated – 0.52 acres)
- Lot consolidation potential (common owners)
Yes BC/C-DMU
Buff
1 150 52 0 0 52
8a 060
243503101
1575 HOPKINS ST No - 0.51 0.77 1-story office (Red Oak Realty) and parking lot, last sold in 2018

0.23 AI Meets Criteria 2b, 2c, 2d, 2e, 2f
- Existing FAR is less than 1.50 (0.51)
- Improvement-to-Land Ratio less than 2.0 (0.77)
- Current single-story office building; similar new
residential development of office space, such as 2210
Harold (ZP2020-0011), support additional residential
development on this site.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (above
moderate)
- Lot consolidation potential (common owners)
Yes NC/C-N 1 50 0 0 11 11
8b 060
243502801
1601 HOPKINS ST No 43 0.44 0.75 1-story salon and storage yard 0.31 AI Meets Criteria 2a, 2b, 2c, 2d, 2e, 2f - Building age greater than 30 years (43)
- Existing FAR is less than 1.50 (0.44)
- Improvement-to-Land Ratio less than 2.0 (0.75)
- Current single-story commercial building; similar new residential development of office space include 2210
Harold (ZP2020-0011) and 1951 Shattuck (ZP2018-
Yes NC/C-N 1 50 0 0 15 15

C-24

Criteria Unit Count
APN Address Vacant
Lot
Bldg
Age
Extg FAR Imp-Land
Ratio
Existing Land Use Acres Consol
Lot
Site Criteria Met RHNA
Cycle 5
GP/Zoning Priority Avg
Density
Lower Moderate Above Total
Potl
Units
0137), support additional residential development on
this site.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 0.54 acres/above moderate)
- Lot consolidation potential (common owners)
9 058
217801800
2109 VIRGINIA ST No - 0.83 0.34 2-story mixed use, restaurant, educational institution residential

0.52 Meets Criteria 2b, 2c, 2d, 2e
- Existing FAR is less than 1.50 (0.83)
- Improvement-to-Land Ratio less than 2.0 (0.34)
- Two-story mixed-use building – current uses include a restaurant and educational institution; similar new
residential development include 2441 Le Conte
(PLN2021-0020) and 2439 Durant (ZP2021-0192),
support additional residential development on this
site.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (0.52 acres)
Yes NC/C-NS 1 50 0 0 26 26
10a 059
226301001
1550 SHATTUCK AVE No - 0.44 1.28 2-story single-tenant grocery store (Andronico's Grocery, owned by
Safeway since 2017, occupied by
tenant since Apr 2006) with 75
space parking lot; Walker’s Paradise
(98), Good Transit (65)

1.95 H Meets Criteria 2b, 2c, 2d, 2e, 2f
- Existing FAR is less than 1.50 (0.44)
- Improvement-to-Land Ratio less than 2.0 (1.28)
- Current 2-story commercial building (grocery store),
located along a major transit corridor, in close
proximity to new residential development, such as
1650 Shattuck (ZP2020-0022) and 1506 Bonita
(ZP2016-0050), and similar to redevelopment of
other large commercial buildings, including 2801
Adeline (ZP2020-0118), 2190 Shattuck (ZP2022-
0026), make development feasible
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 1.38 acres)
- Lot consolidation potential (common owners)
No NC/C-NS 1 50 97 0 0 97
10b 059
226302401
1536 SHATTUCK AVE No - 0.92 0.16 Bank parking lot 0.4 H Meets Criteria 1, 2b, 2c, 2d, 2e, 2f - Vacant and/or parking lots
- Existing FAR is less than 1.50 (0.92)
- Improvement-to-Land Ratio less than 2.0 (0.16)
- Current surface parking lot located on a major transit corridor, in close proximity to new residential
development, such as 1650 Shattuck (ZP2020-0022)
and 1506 Bonita (ZP2016-0050), and similar to
redevelopment of other surface parking lots that have
been replaced with a residential development: 2542
Durant (ZP2016-0172) and 3031 Adeline (ZP2018-
0156), make development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 1.38 acres)
- Lot consolidation potential (common owners)
Yes MDR/R-2A 1 25 0 0 10 10
11a 057
209700106
805 UNIVERSITY AVE No 71 - 1.7 1-story freestanding retail building (KCC Modern Living – tenant since
May 2010); 500 sf of 6,570 sf
occupied; last sold in Nov 2014;
Walker’s Paradise (96), Good Transit
(58); owned by same owner as
adjacent site (057 209701401)

0.24 AK Meets Criteria 2a, 2c, 2d, 2e, 2f
- Building age greater than 30 years (71)
- Improvement-to-Land Ratio less than 2.0 (1.7)
- Current 1-story commercial building located along a
major transit corridor, in close proximity to new
residential development, such as 1914 Fifth
(PLN2022-0039) and 1900 Fourth (ZP2018-0052),
and similar to the redevelopment of former
commercial buildings proposed at 2556 Telegraph
(ZP2015-0096), 1776/1782/1790 University
(PLN2021-0063), 2847 Shattuck (PLN2022-0031),
and 130-134 Berkeley Sq (ZP2021-0158) support
No BC/C-W 1 135 0 31 0 31

C-25

Criteria Unit Count
APN Address Vacant
Lot
Bldg
Age
Extg FAR Imp-Land
Ratio
Existing Land Use Acres Consol
Lot
Site Criteria Met RHNA
Cycle 5
GP/Zoning Priority Avg
Density
Lower Moderate Above Total
Potl
Units
additional development of this site and make
development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 1.86 acres)
- Lot consolidation potential (common owners)
11b 057
209701401
811 UNIVERSITY AVE No - 0.7 8.07 2-story retail (CorePower Yoga, Fusion Learning, + more) – lease
signed with Flux Vertical Theatre in
July 2021; additional lease signed
with Fusion Learning in Sept 2018)
+ 43 parking spaces; Walker’s
Paradise (96), Good Transit (59);
owned by same owner as adjacent
site (057 209700106)

0.86 AK Meets Criteria 2b, 2d, 2e, 2f
- Existing FAR is less than 1.50 (0.7)
- Current 2-story commercial building located along a
major transit corridor, in close proximity to new
residential development, such as 1914 Fifth
(PLN2022-0039) and 1900 Fourth (ZP2018-0052),
and similar to the redevelopment of former
commercial buildings proposed at 2556 Telegraph
(ZP2015-0096), 1776/1782/1790 University
(PLN2021-0063), 2847 Shattuck (PLN2022-0031),
and 130-134 Berkeley Sq (ZP2021-0158) support
additional development of this site and make
development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 1.86 acr es)
- Lot consolidation potential (common owners)
No BC/C-W 1 135 115 0 0 115
11c 057
209700201
1904 6TH ST No - - - 1-story city-owned West Berkeley Senior Center and parking lot

0.76 AK Meets Criteria 2d, 2e, 2f
- Current 1-story institutional building located along a major transit corridor, in close proximity to new
residential development, such as 1914 Fifth
(PLN2022-0039) and 1900 Fourth (ZP2018-0052),
and similar to the redevelopment of … buildings
proposed at 2556 Telegraph (ZP2015-0096),
1776/1782/1790 University (PLN2021-0063),
2847 Shattuck (PLN2022-0031), and 130-134
Berkeley Sq (ZP2021-0158) support additional
development of this site and make development
feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 1.86 acres)
- Lot consolidation potential (common owners)
No MU/MUR 1 24.4 0 0 18 18
12a 060
235401100
1041 GILMAN ST No - 0.66 - Parking lot 0.19 AN Meets Criteria 1, 2b, 2c, 2d, 2e, 2f - Vacant and/or parking lots
- Improvement-to-Land Ratio less than 2.0 (0.66)
- Current surface parking lot in close proximity to new residential development, such as 1207 Tenth
(ZP2020-0046) and 1201-1205 San Pablo (ZP2021-
0070), and similar to redevelopment of other surface
parking lots that have been replaced with a residential development: 2542 Durant (ZP2016-0172) and 3031
Adeline (ZP2018-0156), make development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 0.66 acres)
- Lot consolidation potential (common owners)
Yes BC/C-W 1 135 0 0 25 25
12b 060
235401302
1233 10TH ST No - 0.82 - Parking lot 0.32 AN Meets Criteria 1, 2b, 2c, 2d, 2e, 2f - Vacant and/or parking lots
- Improvement-to-Land Ratio less than 2.0 (0.82)
- Current surface parking lot in close proximity to new residential development, such as 1207 Tenth
(ZP2020-0046) and 1201-1205 San Pablo (ZP2021-
0070), and similar to redevelopment of other surface
parking lots that have been replaced with a residential Yes BC/C-W 1 135 0 43 0 43

C-26

Criteria Unit Count
APN Address Vacant
Lot
Bldg
Age
Extg FAR Imp-Land
Ratio
Existing Land Use Acres Consol
Lot
Site Criteria Met RHNA
Cycle 5
GP/Zoning Priority Avg
Density
Lower Moderate Above Total
Potl
Units
development: 2542 Durant (ZP2016-0172) and 3031
Adeline (ZP2018-0156), make development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 0.66 acres)
- Lot consolidation potential (common owners)
13a 057
208801100
1071 UNIVERSITY AVE No - - 0.15 Parking lot 0.3 AY Meets Criteria 1, 2c, 2d, 2e, 2f - Vacant and/or parking lots
- Improvement-to-Land Ratio less than 2.0 (0.15)
- Current surface parking lot in close proximity to new residential development, such as 1931 San Pablo
(PLN2022-0039), and similar to redevelopment of
other surface parking lots that have been replaced
with a residential development: 2542 Durant
(ZP2016-0172) and 3031 Adeline (ZP2018-0156),
make development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 0.55 acres )
- Lot consolidation potential (common owners)
No BC/C-W 1 135 0 40 0 40
13b 057
208801500
1917 10TH ST No - - 0.2 Parking lot 0.25 AY Meets Criteria 1, 2c, 2d, 2e, 2f - Vacant and/or parking lots
- Improvement-to-Land Ratio less than 2.0 (0.2)
- Current surface parking lot in close proximity to new residential development, such as 1931 San Pablo
(PLN2022-0039), and similar to redevelopment of
other surface parking lots that have been replaced
with a residential development: 2542 Durant
(ZP2016-0172) and 3031 Adeline (ZP2018-0156),
make development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 0.55 acres )
- Lot consolidation potential (common owners)
Yes HDR/R-3 1 40 0 0 9 9
14 057
210100500
701 UNIVERSITY AVE No - 0.13 5.02 Parking lot 1.03 Meets Criteria 1, 2b, 2d, 2e - Vacant and/or parking lots
- Existing FAR is less than 1.50 (0.13)
- Current surface parking lot in close proximity to new residential development, such as 1931 San Pablo
(PLN2022-0039), and similar to redevelopment of
other surface parking lots that have been replaced
with a residential development: 2542 Durant
(ZP2016-0172) and 3031 Adeline (ZP2018-0156),
make development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (1.03 acres)
No BC/C-W 1 135 139 0 0 139
15a 059
228702500
1629 SAN PABLO AVE No 82 1.07 3.03 1-story retail (party store) 0.11 Y Meets Criteria 2a, 2b, 2d, 2e, 2f - Building age greater than 30 years (82)
- Existing FAR is less than 1.50 (1.07)
- Current 1-story commercial building located along a
major transit corridor, and in close proximity to new
residential development, such as 1701 San Pablo
(PLN2022-0093), and similar to residential
redevelopment of low profile commercial buildings,
such as 2556 Telegraph (ZP2015-0096),
1776/1782/1790 University (PLN2021-0063),
2847 Shattuck (PLN2022-0031), and 130-134
Berkeley Sq (ZP2021-0158) support additional
development of this site and make development
feasible.

No BC/C-W 1 135 0 0 14 14

C-27

Criteria Unit Count
APN Address Vacant
Lot
Bldg
Age
Extg FAR Imp-Land
Ratio
Existing Land Use Acres Consol
Lot
Site Criteria Met RHNA
Cycle 5
GP/Zoning Priority Avg
Density
Lower Moderate Above Total
Potl
Units
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income c
- Lot consolidation potential (common owners)
15b 059
228702400
1633 SAN PABLO AVE No 98 0.82 0.96 1-story retail (party store) 0.11 Y Meets Criteria 2a, 2b, 2c, 2d, 2e, 2f - Building age greater than 30 years (98)
- Existing FAR is less than 1.50 (0.82)
- Improvement-to-Land Ratio less than 2.0 (0.96)
- Current 1-story commercial building located along a
major transit corridor, and in close proximity to new
residential development, such as 1701 San Pablo
(PLN2022-0093), and similar to residential
redevelopment of low profile commercial buildings,
such as 2556 Telegraph (ZP2015-0096),
1776/1782/1790 University (PLN2021-0063),
2847 Shattuck (PLN2022-0031), and 130-134
Berkeley Sq (ZP2021-0158) support additional
development of this site and make development
feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 0.55 acres )
- Lot consolidation potential (common owners)
No BC/C-W 1 135 0 0 14 14
15c 059
228702102
1639 SAN PABLO AVE No 66 0.98 1.67 1-2 story commercial 0.3 Y Meets Criteria 2a, 2b, 2c, 2d, 2e, 2f - Building age greater than 30 years (66)
- Existing FAR is less than 1.50 (0.98)
- Improvement-to-Land Ratio less than 2.0 (1.67)
- Current 1-story commercial building located along a
major transit corridor, and in close proximity to new
residential development, such as 1701 San Pablo
(PLN2022-0093), and similar to residential
redevelopment of low profile commercial buildings,
such as 2556 Telegraph (ZP2015-0096),
1776/1782/1790 University (PLN2021-0063),
2847 Shattuck (PLN2022-0031), and 130-134
Berkeley Sq (ZP2021-0158) support additional
development of this site and make development
feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (when
consolidated – 0.55 acres )
- Lot consolidation potential (common owners)
No BC/C-W 1 135 0 40 0 40
16 060
235401001
1049 GILMAN ST No - - 0.66 1-story retail (liquor, Dollar Tree) 0.61 Meets Criteria 2b, 2c, 2d, 2e - Improvement-to-Land Ratio less than 2.0 (0.66)
- Current 1-story commercial building located along a
major transit corridor, in close proximity to new
residential development, such as 1207 Tenth
(ZP2020-0046) and 1201-1205 San Pablo (ZP2021-
0070), and similar to redevelopment of 1-story
commercial buildings, such as 2440 Shattuck
(ZP2021-0201) and 2198 San Pablo (ZP2018-0112)
support additional development of this site and make
development feasible.
- Parcel size is between 0.5 and 10 acres unless for
moderate or above moderate income (0.61 acres)
Yes BC/C-W 1 135 82 0 0 82
17 059
233100200
1440 SAN PABLO AVE No 99 0.89 0.46 2-story freestanding furniture strip retail and parking lot (West Berkeley
Commercial Center)

0.67 Meets Criteria 2a, 2b, 2c, 2d, 2e
- Building age greater than 30 years (99)
- Existing FAR is less than 1.50 (0.89)
- Improvement-to-Land Ratio less than 2.0 (0.46)
- Current 2-story commercial building located along a
major transit corridor and in close proximity to new
residential development, such as 1701 San Pablo
No BC/C-W 1 135 90 0 0 90