Agenda packet, first session — Berkeley City Council, May 23, 2023 (part 5 of 6)

Page 618 ends

469 KENTUCKY AVENUE - USE PERMIT #ZP2022-0087 FINDINGS & CONDITIONS January 12, 2023 Page 16 of 16

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

49. Windows. Windows shall be fitted with screens located on the outer side of the glass.

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

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

52. Privacy Screening. The agreed-upon privacy screening plan shall be maintained.

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

54. Residential Permit Parking. No Residential Permit Parking (RPP) permits shall be issued to project residents, nor shall commercial placards be issued to non-residential occupants and/or users of the site. The project planner shall notify the Finance Department, Customer Service Center, to add these addresses to the list of addresses ineligible for RPP permits. The property owner shall notify all tenants of rental units, and/or buyers of condominium units, of this restriction in leases and/or contracts, and shall provide sample leases and/or contracts including such notification to the project planner prior to issuance of an occupancy permit or final inspection.

Page 23 of 111 ends

Page 619 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

These designs drawings and specifications are the
property of Levitch Associates , Inc. Any use in part or whole without the written permission of Levitch
Associates Inc. is prohibitted by law.
© 2020 by Levitch Associates, Inc.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A1
Sheet Contents:

COVER SHEET
CH/KM
SG

PROJECT SITE

VICINITY MAP

PROJECT TEAM

ARCHITECT SURVEYORS

PRELIMINARY
A1
A2
A3
A4
A5
A6
A7
A8
A9
A10
A11
A12
A13
S1

COVER SHEET

SITE PLAN

EXISTING FLOOR PLANS

PROPOSED FLOOR PLANS

PROPOSED ELEVATIONS

PROPOSED SECTIONS

LANDSCAPE AND

GRADING PLAN

SHADOW STUDY

ELEVATIONS

SITE SURVEY

SHEET INDEX

APPROVALSBUILDING INFORMATION

SCOPE OF WORK
469 KENTUCKY AVE., BERKELEY CA 94707

KEEFE RESIDENCE

SITE INFORMATION

AREA TABULATIONS

AREA CALCULATIONS AND DIAGRAMS
85 sq ft
LOT COVERAGE = PROPOSED FOOTPRINT + PROJECTIONS OVER PAVED AREAS= 1,435 + 508 + 85 = 2,028 SQFT.
2,028/5,088 = 0.3985 X 100 = 39.85%

BALCONY PROECTION OVER UNPAVED AREA

BALCONY PROECTION OVER UNPAVED AREA
GARAGE
508 SQFT.

PRIMARY DWELLING+PROJECTIONS
1435 SQFT.

PROPOSED SHED

MASSING PERSPECTIVE

USABLE OPEN SPACE DIAGRAM
85 sq ft
DOWN
UP

STORAGE

STORAGE
DOWN
UP
F
10'-7 1/2"LIVING ROOM

FAMILY ROOM

BATHROOM

BEDROOM BEDROOM

KITCHEN

LAUNDRY
DINING
HALL
CLO.

CLO.

DOWN
22'-4 1/2"

PRIMARY

BEDROOM HALL

PRIMARY

BATHROOM
W.I.C.

CLOSET
DN
GARAGE

STORAGE

CRAWLSPACE

EXISTING

GROUND FLOOR /
GARAGE

EXISTING SPLIT LEVEL

SECOND FLOOR

EXISTING

THIRD FLOOR

CRAWLSPACE

PROPOSED

GROUND FLOOR /
GARAGE

PROPOSED

SECOND FLOOR

PROPOSED

THIRD FLOOR
1,061 sq ft
312 sq ft
232 sq ft
1,307 sq ft
67 sq ft
483 sq ft
181 sq ft
352 sq ft
38 sq ft
1,460 sq ft
142 sq ft
1,345 sq ft
258 sq ft
232 sq ft

BALCONY

SPLIT LEVEL MAIN FLOOR

ROOF DECK

UPPER FLOOR

PROPOSED SECOND FLOOR

BALCONY

PROPOSED THIRD FLOOR
1,108 sq ft

PROPOSED GROUND FLOOR
GARAGE

PROPOSED SHED
494 sq ft

PROPOSED

SECOND FLOOR
837 sq ft

PROPOSED SECOND FLOOR
PAVERS

LEVEL YARD
85 sq ft

LOT COVERAGE DIAGRAM
MORAN ENGINEERING, INC.
1930 SHATTUCK AVE. SUITE A
BERKELEY, CA 94704
TEL: 510.848.1930

MAURICE LEVITCH, AIA
LEVITCH ASSOCIATES, INC.
1029 HEINZ AVENUE
BERKELEY, CA 94710
TEL: 510.845.6941
FAX: 510.845.6950
EMAIL: [email protected]
APN#: 062 294502800
ZONING DISTRICT: R-1H
LOT SIZE: 5,088 sq. ft.

YEAR BUILT: 1926
WILDFIRE ASSESSMENT DISTRICT:

HISTORIC: NO
LIQUEFACTION (SEISMIC HAZARDS MAPPING ACT): NO
LIQUEFACTION SEVERITY: N/A
FLOOD ZONE (100-YEAR OR 1%): NO
LANDSLIDE (SEISMIC HAZARDS MAPPING ACT): YES
CREEK BUFFER: NONE
FIRE ZONE: 2
EXISTING:

NUMBER OF UNITS: 1
CONSTRUCTION TYPE: V
OCCUPANCY: R
FIRE SPRINKLERS: NO
STORIES: 2 + PARTIAL BASEMENT
GROSS FLOOR AREA: 1773 SF
YEAR BUILT: 1926

EXISTING PROPOSED REQUIRED/

PERMITTED
# OF DWELLING UNITS
# OF PARKING SPACES
# OF BEDROOMS

FRONT YARD SETBACK

SIDE YARD SETBACK (LEFT)

SIDE YARD SETBACK (RIGHT)

REAR YARD SETBACK
BUILDING HEIGHT (# OF

STORIES)

AVERAGE HEIGHT

MAXIMUM HEIGHT

LOT AREA

GROSS FLOOR AREA

BUILDING FOOTPRINT

LOT COVERAGE

USEABLE OPEN SPACE
1 1 + ADU -
1 2 1
4 5 -
4' 4' 20'

4.7' 5' 4'

9.7' 9.25' 4'

38.8' 38.16' 20'
3 3 3

25.5' 29.3' 28'

28.75' 31.687' 35'
5,088 sq ft 5,088 sq ft 5,000 sq ft
2,020 sq ft 2,035.2

39.7% 40%
922 sq ft 800 sq ft
-4,350 sq ft1,773 sq ft
1,601 sq ft

31.5%
181 sq ft
PROPOSED:

NUMBER OR UNITS: 2
PRIMARY DWELLING UNIT (3310
SF) + ATTACHED ADU (494 SF)
CONSTRUCTION TYPE: TBD
OCCUPANCY: R
FIRE SPRINKLERS: YES
STORIES: 3
GROSS FLOOR AREA: 3,804 SF
TOTAL USABLE OPEN SPACE =
837 + 85 = 922 SQ FT
DEMOLISH EXISTING 3 STORY SINGLE FAMILY 4 BEDROOM HOME: 1,733 SF WITH EXISTING DETACHED 240 SF 1-CAR CARAGE.

CONSTRUCT NEW 3 STORY SINGLE FAMILY 3.5 BATH, 5 BEDROOM (4 BEDROOMS ON SECOND FLOOR + 1 BEDROOM ON GROUND FLOOR, LABELLED TV ROOM) HOME WITH ATTACHED GROUND FLOOR ADU: 3,310 SF PRIMARY UNIT AND 494 SF ADU WITH DETACHED 488 SF 2-CAR GARAGE. PROJECT INCLUDES NEW GRADING/LANDSCAPING, TRASH ENCLOSURE, AND 85 SF ACCESSORY BUILDING. # OF BATHROOMS 2 3.5 -
N.T.S.

Attachment 1, Exhibit B

Page 24 of 111 ends

Page 620 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A2
Sheet Contents:

SITE PLAN
CH/KM
SG
N
N

PROJECT
NORTH
TRUE
NORTH
2' 4' 8' 12'
UP
UP
UP
4'
SET
BACK
4'
SET
BACK
38'-2"61'-7"
6'-2"
5'
21'
8' 8'
10'-7"
14'-10"3'-7"
4'
20'

SETBACK
20'-2"

LAYOUT STARTING POINT
13'-2"
9"
1'-3"
11"
10'-7"
7"
11"
3'-6"
9'
W.M M.H.-S.S.

FRONT OF NEW GARAGE ALIGNS WITH

FRONT OF DEMO'D GARAGE

FRONT OF NEW HOME ALIGNS WITH

FRONT OF DEMO'D HOME
(N) UNCOVERED

GARBAGE AND

RECYCLYING

ENCLOSURE, TO BE

LOCATED ON

PROPERTY LINE
(E) CURB CUT
PROPERTY LINE = 99.85'

PROPERTY LINE
=
99 .18
'
PROPERTY LINE = 52.40'

WOOD FENCE
PG&E UTIL.

WOOD FENCE

WOOD FENCE
469 KENTUCKY AVE.

PROPERTY LINE = 50.00'
(N) LEVEL YARD
836 sq ft

USEABLE OPEN SPACE
2:12
UP UP
UP

ROOF RIDGE
20'

SETBACK
36'-4"
19'-6"
18'
16'-8"
9'-3"
1'-6"
697.75' (-0'-1")
689.42'
FF AT BASEMENT (PROJECT 0.00')
697.83'

GRADE AT HOUSE CORNER
707.25' (9'-5")
707'
708.25'

FF AT LOWER FLOOR
707.83 (9'-11")

FF AT (N) ACCESSORY BUILDING
714.5'
714' AT (N) PATIO
711.5'
708.25'
707'

GRADE AT HOUSE CORNER
707.25' (9'-5")
688.78'
697.25' (-0'-7")
(N) BUILDING

FOOTPRINT
(N) SHED
(N) CONC. RETAINING WALLS

RIDGE LINE

GARAGE ROOF
(E) GATE

NEIGHBORING HOME
467 KENTUCKY AVE.

NEIGHBORING HOME
475 KENTUCKY AVE.

NEIGHBORING BUILDING
3:12

UPPER SHED
ROOF
(N) BBQ AREA
2:12

LOWER SHED
ROOF
4'
SET
BACK
4'
SET
BACK
20'

LAYOUT STARTING POINT
20'

SETBACK
4'-2"
22'-2"
10'-4"
4'-5"
13'-2"
W.M
M.H.-S.S.(E) CURB CUT
(E) CONCRETE DRIVEWAY
PROPERTY LINE = 99.85'

PROPERTY LINE
=
99 .18
'
PROPERTY LINE = 52.40'
PG&E UTIL.

WOOD FENCE
PROPERTY LINE = 50.00'
469 KENTUCKY AVE.

UP
UP
UP
UP
UP
UP
UP
4'
9'-11"
20'

SETBACK
39'-3"36'-11"3'-5"20'-2"
4'-7" 36'-3" 9'-11"
20'-11"
19'-5" 12'
689.42'
688.78'
704.65'

FF AT LOWER FLOOR ENTRY
696.65'
697.88'

FF AT BASEMENT
701.81'
704.79'

FF AT LOWER FLOOR
702.56'
GARAGE

NEIGHBORING BUILDING

NEIGHBORING HOME
467 KENTUCKY AVE.

NEIGHBORING HOME
475 KENTUCKY AVE.

UP
(E) GATE

LOWER ROOF
(FLAT ROOF)

UPPER ROOF
(FLAT ROOF, 2ND STORY ADDITION FROM 1964)

SIDEWALK
SCALE: 1/8" = 1'-0"
1 PROPOSED SITE PLAN
A2SCALE: 1/8" = 1'-0"
2 EXISTING SITE PLAN
A2

NAME (PRINTED) SIGNATURE ADDRESS RENTER OR OWNER DATE HAVE NO

OBJECTIONS

HAVE OBJECTIONS HAVE NO

COMMENT
RENT / OWN467 KENTUCKY AVE.

RENT / OWN

RENT / OWN
475 KENTUCKY AVE.
462 KENTUCKY AVE.
466 KENTUCKY AVE.
472 KENTUCKY AVE.
470 VASSAR AVE.
476 VASSAR AVE.
480 VASSAR AVE.
(PLEASE STATE BRIEFLY)
I HAVE REVIEWED THE PLANS FOR DEMOLITION OF EXISTING 4-BEDROOM HOME AND CONSTRUCTION OF A NEW 4,292 GROSS SQUARE FOOT PROJECT , INCLUDING A 5-BEDROOM HOME WITH AN ATTACHED 1-BEDROOM ACCESSORY DWELLING UNIT AND AN ATTACHED 2-CAR GARAGE AT 469 KENTUCKY AVE

Page 25 of 111 ends

Page 621 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A3
Sheet Contents:

EXISTING FLOOR PLANS
CH/KM
SG
N

PROJECT
NORTH
2' 4' 8' 12'
DOWN
UP
36'-10 1/2"
34'-2 3/4"
36'-3 1/2"

STORAGE

EXISTING GARAGE ROOF

CRAWLSPACE
487 sq ft
1,373 sq ft

MASONRY CHIMNEY

CONCRETE RETAINING WALL

OUTLINE OF PROPOSED GARAGE

OUTLINE OF PROPOSED FOOTPRINT

STORAGE
DW
DRY WM
BATH
FOYER

FAMILY ROOM LIVING ROOM

BALCONY
DINING

EAT-IN KITCHEN

LAUNDRY

BEDROOM

BEDROOM
46'-5"
36'-6"
36'-6"
46'-5"
UP
DOWN
HALL
704.79
707.63
707.63

BALCONY

HALLMASTER BEDROOM
BATH
W.I.C
34'-101/2"
22'-41/2"
34'-101/2"
22'-41/2"
DN
N
TRUE
NORTH
SCALE: 1/8" = 1'-0"
2 EXISTING SPLIT LEVEL SECOND FLOOR
A3SCALE: 1/8" = 1'-0"
1 EXISTING GROUND FLOOR / GARAGE
A3 SCALE: 1/8" = 1'-0"
3 EXISTING THIRD FLOOR
A3

Page 26 of 111 ends

Page 622 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A4
Sheet Contents:

PROPOSED FLOOR PLANS
CH/KM
SG
N

PROJECT
NORTH
UP
UP
UP
WD
13'-3 3/4" 5'-1 1/4" 5'-1 3/4" 3'-4 3/4" 8'-3/4"
16'-7 1/4"
35'-1/4"
16'-2 1/4"
0"
-1/2"
5'
1 A7

DUMBWAITER

PARAPET WALLS

TV ROOM
CLG 9'-1"

LAUNDRY
CLG 9'-1"
STAIRS
CLOSET
CLG 9'-1"

ADU BATH
CLG 9'-1"
CLOSET
CLG 9'-1"
ADU
CLG 9'-1"HALL
CLG 9'-1"

LINE OF DECK ABOVE

GARAGE ROOF
A
B
C
F
1 2 3 6
A
B
C
1 2 3
4 4
5 65
E
G
D
F
E
G
D
7'-0"8'-10"12'-1 1/2"
5'-10 3/4"21'-1 1/4"
41'-0"
1 A8
1 A10
1 A10
2 A10
2 A10

CRAWLSPACE
UP
-7'-10"
1 A7
5 6
5 6
F
E
G
D
F
E
G
D
8"
19'-8"
8"
8" 22'-5 3/4" 8"
1 A6
2 A10
2 A10
N
TRUE
NORTH
SCALE: 1/4" = 1'-0"
2 PROPOSED GROUND FLOOR
A4 SCALE: 1/4" = 1'-0"
1 PROPOSED GARAGE FLOOR
A4
20 4 8 12

Page 27 of 111 ends

Page 623 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A5
Sheet Contents:

PROPOSED FLOOR PLANS
CH/KM
SG
11'-9 1/2"7'-4 3/4"18'-1"6'-5 3/4"
37'-6 1/4"
12'-11"
35'-1/4"
13'-11 1/4" 4'-8 1/2" 17'-7 1/4"
6'-0"
36'-3"
1 A7

DUMBWAITER
LOW END OF CEILING 2
7'-6" LOW END OF CEILING 1
8'-2"

FAMILY ROOM

KITCHENSTAIRS
STUDY
HVAC/
STOR.

PANTRY
BALCONY 2
BALCONY 3
POWDER
ROOM
HALL
2:12
DN
3:12
A
B
C
1 2 3 4 65
F
E
G
D
A
B
C
F
E
D
1 2 3 4 65
G
23'-8 1/2"
1 A6
1 A8
1 A10
1 A10
2 A10
2 A10
RIDGE LINE WITH CLEARSTORY ABOVE:

HIGH END OF CEILING 1 @ 13'-7"
HIGH END OF CEILING 2 @ 9'-7"

DINING ROOM
DOWN
12'-1/4"7'-4 3/4"8'-9 1/4"10'-11 1/2"
41'-0"
13'-3 3/4" 11'-5" 10'-3 3/4"
36'-3"
10'
1 A7

DUMBWAITER
BATH 1
CLG 9'-1"
CLOSET
CLG 9'-1"
CLOSET
CLG 9'-1"
BEDROOM 2
CLG 9'-1"
CLOSET
BEDROOM 4
CLG 9'-1"
BEDROOM 1
CLG 9'-1"
BATH 2
CLG 9'-1"
BEDROOM 3
CLG 9'-1"
HALL
CLG 9'-1"
STAIRS
DECK

LINE OF BALCONY ABOVE

HALL NOOK
CLG 9'-1"
A
B
C
2 3 4 65
F
E
G
D
A
B
C
F
E
D
1 2 3 4 65
1 G
9'-11"
1 A6
1 A8
1 A10
1 A10
2 A10
2 A10
N

PROJECT
NORTHN
TRUE
NORTH
SCALE: 1/4" = 1'-0"
2 PROPOSED THIRD FLOOR
A5 SCALE: 1/4" = 1'-0"
1 PROPOSED SECOND FLOOR
A5
20 4 8 12

Page 28 of 111 ends

Page 624 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A6
Sheet Contents:

OVERHANG
1'

OVERHANG
34'-4"
4'-4"
WUI COMPLIANT WINDOWS AND DOORS, TYP.

WOOD OR ALUMINUM WOOD CLAD, TYP.
1 2 3 4 65

WUI APPROVED WOOD SIDING,
SHIPLAP, 8" EXPOSURE, TYP.
-1 GARAGE
-9'
1 GROUND FLOOR
±0"
2 SECOND FLOOR
+10'-1 1/2"
3 THIRD FLOOR
+19'-3 1/4"
5'-6"
13'-7" 24'-7"
1'

OVERHANG
1'

OVERHANG
34'-4"
4'-4"

WOOD CARRIAGE STYLE DOORS
STUCCO
METAL RAILING, TYP.

GARBAGE AND RECYCLING ENCLOSURE

CONCRETE RETAINING WALLS

WOOD GATE
1 2 3 4 65
9'
3 THIRD FLOOR
+19'-3 1/4"
3 THIRD FLOOR
+19'-3 1/4"
4'
2'
16'
8'
3'
6"
11'-6"

GLASS DOOR
(N) CONC. RETAINING WALLS, TYP .
(N) CONC. SLAB
SCALE: 1/4" = 1'-0"
1 WEST ELEVATION MAIN HOUSE
A6 SCALE: 1/4" = 1'-0"
2 WEST ELEVATION STREET VIEW
A6
SCALE: 1/4" = 1'-0"
3 WEST ELEVATION: SHED
A6
20 4 8 12

Page 29 of 111 ends

Page 625 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A7
Sheet Contents:

MAXIMUM HEIGHT
2'-7" 6'-5" 2'
29'-4"

AVERAGE BUILDING HEIGHT
5'-6"
4'-2"
34'-4"
3'-6"

OVERHANG
37'-6" 1'-6"

OVERHANG
20'-6" 20'-6"
5' 5'
WUI APPROVED WOOD SIDING, SHIPLAP, 8" EXPOSURE

LINE OF RETAINING WALL

OUTLINE OF EXISTING MASSING
STUCCO

GARBAGE AND RECYCLING ENCLOSURE

STANDING SEAM
METAL ROOF, 16"

WIDE PANELS

AVERAGE GRADE LINE

RIDGE HEIGHT

ABCF EG D
AVG. GRADE: LOW POINT
AVG. GRADE: HIGH POINT
2 SECOND FLOOR
+10'-1 1/2"
3 THIRD FLOOR
+19'-3 1/4"
8'-5"
6" 6"
10'-7"
6'-7"
7'-10"
WUI APPROVED WOOD SIDING, SHIPLAP, 8" EXPOSURE
STANDING SEAM METAL ROOF, 16" WIDE PANELS

ACCORDIAN STYLE GLASS DOOR
SCALE: 1/4" = 1'-0"
1 SOUTH ELEVATION
A7 20 4 8 12

Page 30 of 111 ends

Page 626 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A8
Sheet Contents:

PROPOSED ELEVATIONS
CH/KM
SG
-1 GARAGE
-9'
-1 GARAGE
-9'
1 GROUND FLOOR
±0"
1 GROUND FLOOR
±0"
2 SECOND FLOOR
+10'-1 1/2"
2 SECOND FLOOR
+10'-1 1/2"
3 THIRD FLOOR
+19'-3 1/4"
3 THIRD FLOOR
+19'-3 1/4"
18'-1" 6'-2"
24'-3"
8'-1"
7'-2"
SCALE: 1/4" = 1'-0"
1 EAST ELEVATION
A8SCALE: 1/4" = 1'-0"
2 EAST ELEVATION: SHED
A8
20 4 8 12
12346 5

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1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A9
Sheet Contents:

PROPOSED ELEVATIONS
CH/KM
SG
-1 GARAGE
-9'
-1 GARAGE
-9'
1 GROUND FLOOR
±0"
1 GROUND FLOOR
±0"
2 SECOND FLOOR
+10'-1 1/2"
2 SECOND FLOOR
+10'-1 1/2"
3 THIRD FLOOR
+19'-3 1/4"
3 THIRD FLOOR
+19'-3 1/4"
10'-3/4"
10 3/4"
2'-9 3/4" 2' 6'-2 1/2"
11'-1/4"
28'-10 1/2"

AVERAGE BUILDING HEIGHT
35'

MAXIMUM BUILDING HEIGHT
20'-6" 20'-6"
4'-7" 4'-7"
AVG. GRADE: LOW POIINTLINE OF BASEMENT FLOOR

GARBAGE AND

RECYCLING

ENCLOSURE
AVG. GRADE: HIGH POIINT
697.83'
707.83'
717.83'

AVERAGE GRADE LINE

AVERAGE BUILDING HEIGHT
688.83'

A B C FE GD
SCALE: 1/4" = 1'-0"
1 NORTH ELEVATION
A9
20 4 8 12

Page 32 of 111 ends

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1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A10
Sheet Contents:

PROPOSED SECTIONS
CH/KM
SG
-9'
-1 GARAGE
±0"
1 GROUND FLOOR
+10'-1 1/2"
2 SECOND FLOOR
+19'-3 1/4"
3 THIRD
FLOOR
8'-3" 7'-6"

PLATE HEIGHT
2'-1"9'-3"
4'-1" 12'8'-10"
13'-7"
9'-7" 4'
27'-5"

PLATE HEIGHT
6'-11"
STAIR

KITCHEN
POWDER
ROOM
BATH 2CLOSETHALL

HALL ADU
12 312
2 1 2 3 4 65
7'-1"
7"
22'-6"
7'-7"
3'6'
688.83'
689.25'
697.75
696.33'

ADUCRAWLSPACE
BEDROOM 2 CLOSET CLOSET BEDROOM 1
DINING

ROOMKITCHEN

A B C FE GD
9'
11"
8'-6"
11"
13'-7"
36'-4"
39'-9"
39'-8"
697.83
SCALE: 1/4" = 1'-0"
1 SECTION A
A10SCALE: 1/4" = 1'-0"
2 SECTION B
A10
20 4 8 12

Page 33 of 111 ends

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1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2023
Drawn By:

Checked By:

A11
Sheet Contents:

LANDSCAPE AND GRADING
PLAN
CH/KM
SG
N

PROJECT
NORTH
TRUE
NORTH
UP
11" RUN 6" RISE STONE STEPS
UP
4'
SET
BACK
4'
SET
BACK
20'

SETBACK
38'-1 3/4"41'-4 1/2"20'-0"
6'-1/2" 36'-3 1/4" 9'-2 1/2"
8'
10'-7"
8'
3'
17'-1 3/4"
4'O.C. TYP.
7'-2"
9'-9"
-9'-0"
-0'-7"
17'-10"
23'-2"
22'-8" 21'-10"
F.F. 0'-0"
F.F. 10'-0"
17'-10"
-0'-1"
F.F. 0'-0"
W.M M.H.-S.S.

TERRACED LANDSCAPED STEPS
(N) GREENWASTE,

TRASH, AND RECYCLE AREA

KEEP TERRACING, REPLACE (E) WALLS

WITH (N) STEEL OR STONE WALLS

TERRACED PLANTERS
PROPERTY LINE = 99.85'

PROPERTY LINE
=
99 .18
'
PROPERTY LINE = 52.40'

WOOD FENCE
PG&E
UTIL.

WOOD FENCE
KENTUCKY AVE.

PROPERTY LINE = 50.00'
(E) 14"

CRATAEGUS
(E) GATE
(N) GATE
UP
(E) 10" YUCCA,
TO BE

REMOVED
(N) TREE TBD
(E) 8" MAPLE
(E)

ROSEMARY
(E) 12" LEMON

TREE TO BE

REMOVED
(E) 12" HOLLYWOOD

JUNIPERS TO BE REMOVED
(E) 4"

CHAMELIA

FIRST FLOOR

SECOND FLOOR
(N)

WORKOUT
SHED
BEDROOM 2
BEDROOM 3
STAIRS
HALL

GARAGE ROOF
(E) DRIVEWAY

TV ROOM

LAUNDRY
ADU
HALL
(E) HEDGE
(N)

PLANTINGS
(N) 6"

PODOCARPUS
SCREEN
(N) 6"

PODOCARPUS
SCREEN, TYP.

UP
3' RUN 8" RISE
GRAVEL +

MARBLE STEPS
UP
20'

SETBACK
8'
22'-5" 20'-8 1/4"
19'-6 1/2"
3'-7 1/4"
(N) WOOD RETAINING WALLS
(N) BUILDING

FOOTPRINT
(N) STAIRS

MECHANICAL SYSTEMS
(N) GRAVEL + TERRACED
STEPS
(N) PLANTER

REBUILD PORTION OF (E) REAR FENCE ON
(N) RETAINING WALL. KEEP (E) REAR FENCE ON ALL OTHER AREAS

KEEP (E) SIDE FENCE
(N) LEVEL YARD
836 sq ft

USEABLE OPEN SPACE

NEIGHBORING HOME
467 KENTUCKY AVE
(N) BBQ AREA
(N) PAVERS
318 SQFT
(N) PAVERS
80 SQFT
(N) SUNSET MAPLE
(ACER RUBRA.)
(E) 4"

CHAMELIA
MISC. DROUGHT

TOLERANT

PERENNIALS AND

GRASSES
GROUND COVER:

DYAMONDIA
24" BOX
(E) 4"

CHAMELIA
(N) STONE COUNTER
BBQ
UP
3' RUN 8" RISE
GRAVEL +

MARBLE STEPS
2' 4' 8' 12'
12'21'
23'-6 3/4"28'-5"
36'-3"
35'-9"
41'-8 3/4"
41'-6"
18'-1/4"
3'-7 1/2"
3'
2'-5"
10'-9"
2'
1'-5 1/4"
11'-7 1/2"
5'-3 1/4"
1'-6 1/4"
2'-8"
4'-6"
9"
3'-6"
41'-6"
688.78
687.63
686.123
688.78
687.63
686.123
688.78
696.84
697.748
686.123
687.63

AREA TO BE EXCAVATED

EXISTING SITE

EXISTING BUILDING FOOTPRINT

VOLUME A
2,880 CUBIC FEET

VOLUME D
2,276 CUBIC FEET
TOTAL EXCAVATION = 11,848 CUBIC FEET
TOTAL FILL = 735.27

VOLUME A

AREA TO BE FILLED

VOLUME C
FILL 654 CUBIC FEET
8'-6 3/4"
30'-2 1/4"
4'-10 1/4"
3'
2'-7" 7'
695.81
694.36
697.81
699.84
705.12
712.17
695.81
694.36
709.16
706.64
706.64
702.7
706.7

VOLUME B
EXCAVATE 6,692 CUBIC FEET
FILL 81.27 CUBIC FEET

VOLUME B

VOLUME D

VOLUME C
N
SCALE: 1/8" = 1'-0"
1 LAMDSCAPE PLAN
A11SCALE: 1/8" = 1'-0"
5 CONCEPTUAL GRADING DIAGRAM
A11

Page 34 of 111 ends

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1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2022
Drawn By:

Checked By:

A12
Sheet Contents:

SHADOW STUDY
CH/KM
SG
N
TRUE
NORTH

SHADOW DOES NOT HIT

NEIGHBORING HOME

DUE TO NEIGHBORING

HOME BEING ON HIGHER

ELEVATION
SUMMER
MAY
NOTE: ALL BUILDINGS BEING SHADOWED ARE SHOWN IN THE DIAGRAM SCALE: 1/32" = 1'-0"
2 SHADOW STUDY
A12
2 HOURS AFTER SUNRISE NOON 2 HOURS BEFORE SUNSET
12/21
6/21
5/11

PROPOSED SHADOW EXISTING SHADOW
469 KENTUCKY BACKYARD:

PHOTO TAKEN ON 5/11/22 AT 12:00 PM

PREVIOUSLY PROPOSED SHADOW

Page 35 of 111 ends

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1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2022
Drawn By:

Checked By:

A13
Sheet Contents:

SHADOW STUDY

ELEVATIONS
CH/KM
SG

BEDROOM

BASEMENT PLAYROOM

HALLWAY

IN-LAW UNIT

KITCHEN NOOK

FAMILY ROOM

BEDROOM

BEDROOM
DINING
467 KENTUCKY AVE.

DECEMBER 2 HOURS AFTER SUNRISE
467 KENTUCKY AVE.

DECEMBER, NOON
JUNE- 2 HOURS BEFORE SUNSET
475 KENTUCKY AVE.
5/11 - 2 HOURS BEFORE SUNSET
467 KENTUCKY AVE.

JUNE- 2 HOURS AFTER SUNRISE
467 KENTUCKY AVE.
5/11- 2 HOURS AFTER SUNRISE
475 KENTUCKY AVE.

SCALE: 1/8" = 1'-0"
1 SHADOW STUDY ELEVATIONS
A13

IN-LAW UNIT

KITCHEN NOOK

FAMILY ROOM

BEDROOM

BEDROOM
DINING

BEDROOM

BASEMENT PLAYROOM

HALLWAY

EXISTING SHADOW PROPOSED SHADOW PREVIOUSLY PROPOSED SHADOW

Page 36 of 111 ends

Page 632 ends

1029 HEINZ AVENUE BERKELEY CA 94710
Tel: (510)845-6941 Fax: (510) 845-6950
www.levitch.com

USE PERMIT
LEVITCH ASSOCIATES INC.

Keefe Residence
Project Address:
469 KENTUCKY AVE.

BERKELEY, CA 94707

AIDAN KEEFE
469 KENTUCKY AVE.

BERKELEY, CA 94707
MOBILE: (415) 317-7845
EMAIL: [email protected]
Owner:

Project No:
2136
Date:

December 19, 2022
Drawn By:

Checked By:

S1
Sheet Contents:

SITE SURVEY
CH/KM
SG
J
K
F E
D
C
G
H
I
B
A
L
M
N

TREE INVENTORY

PREPARED BY LEVITCH ASSOCIATES

X SPECIES NAME DBH
A
B
C
D
E
F
G
H
I
J

CALOCEDRUS DECURRENS

CRATAEGUS PHAENOPYRUM

CAMELLIA JAPONICA

POPULUS FREMONTI

JUNIPERAS OCCIDENTALIS
K

L CITRUS LIMON

M YUCCA ALOIFOLIA

JUNIPERAS OCCIDENTALIS

JUNIPERAS OCCIDENTALIS
8"
12"
12"
12"
10"
N ACER JAPONICUM 8"
20"
4"
CAMELLIA JAPONICA 4"
CAMELLIA JAPONICA 4"

POPULUS FREMONTI

POPULUS FREMONTI
8"
8"
12"
14"

Page 37 of 111 ends

Page 633 ends

Attachment 2

Z O N I N G

A D J U S T M E N T S

B O A R D
S t a f f R e p o r t
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]

FOR BOARD ACTION
JANUARY 12, 2023
469 KENTUCKY AVENUE
Use Permit #ZP2022-0087 to demolish a single-family dwelling and construct a 3,310 square foot three-story single-family residence and two- car garage.

I. Background
A. Land Use Designations:
 General Plan: Low Density Residential (LDR)
 Zoning: R-1(H) – Single-Family Residential, Hillside Overlay B. Zoning Permits Required:
 Use Permit to demolish a dwelling unit, per Berkeley Municipal Code (BMC) Section 23.326.030
 Use Permit to construct a new single-family dwelling, per BMC Section

23.202.020(A)
 Use Permit for a sixth bedroom on a parcel, per BMC Section 23.202.030  Administrative Use Permit for exceeding 28-feet in average height, per BMC Sections 23.202.050(D) and 23.210.020(C)(2)
 Administrative Use Permit for a reduced front setback in the Hillside Overlay, per BMC Section 23.210.020(C)(4)
 Administrative Use Permit for a new accessory building, per BMC 23.304.060(A)  Administrative Use Permit for an unenclosed accessory structure within a required setback, per BMC 23.304.070(C)(1)
CEQA Recommendation: It is staff’s recommendation to ZAB that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Sections 15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines. The determination is made by ZAB

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 2 of 15
Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not affect any historical resource.

A. Parties Involved:
 Applicant: Maurice Levitch, 1029 Heinz Avenue, Berkeley  Property Owner: Aidan Keefe, 469 Kentucky Avenue, Berkeley

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 3 of 15
Figure 1: Vicinity Map
N

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 4 of 15
Figure 2: Proposed Site Plan

KENTUCKY AVENUE

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 5 of 15

Figure 3: Front Elevation

Page 42 of 111 ends

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 6 of 15
Figure 4: South Elevation

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 7 of 15
Table 1: Land Use Information
Location Existing Use Zoning District General Plan
Designation
Subject Property Single-Family Dwelling
North Single-Family Dwelling
(467 Kentucky Avenue)
South Single-Family Dwelling
(475 Kentucky Avenue)
East Single-family Dwellings
(476 & 480 Vassar Avenue)
Surrounding
Properties
West
Kentucky Avenue (Single-
Family Residential across the
street)
R-1(H) – Single-
Family Residential,
Hillside Overlay
Low Density
Residential
Table 2: Special Characteristics
Characteristic
Applies
to
Project?
Explanation
Affordable Child Care Fee for
qualifying non-residential projects
(Per Resolution 66,618-N.S.)
Affordable Housing Fee for qualifying
non-residential projects
(Per Resolution 66,617-N.S.)
No
These fees apply to projects with net new non-
residential floor area. The project involves only
new residential floor area, and thus these
requirements do not apply.

Affordable Housing Mitigations for
rental housing projects
(Per BMC 22.20.065)
No
This fee applies to projects that involve five or
more dwelling units on the same lot. The applicant
proposes only one new dwelling unit, and thus this
requirement does not apply.

Creeks (Per BMC Section 17.08.045) No The project site is not within a creek buffer zone.

Density Bonus No The project is not requesting a Density Bonus.

Historic Resources Yes
The project involves the demolition of an existing
residential building that is greater than 40 years
old. An historic resource evaluation (HRE) was
prepared by the California Department of Parks
and Recreation and found that this property is not
eligible for listing in the California Register of
Historic Resources (Attachment 4).

Housing Accountability Act (Gov’t
Code Section 65589.5(j)) No The project only consists of one unit.

Housing Crisis Act of 2019 (SB330) No
The project proposes only one dwelling unit and is
not considered a “housing development project,”
therefore SB 330 does not apply.

Natural Gas Prohibition
(Per BMC 12.80.020) Yes
This project is an application for new construction
and was submitted after January 1, 2020, and is
therefore subject to the Natural Gas Prohibition.

Oak Trees
(Per BMC Section 6.52.010) No There are no Coast Live Oak trees on the site.

Rent Controlled Units
(Per BMC Chapter 13.76) No
There are no rent-controlled units at the site, nor
would the new unit be subject to rent control
restrictions.

Residential Preferred Parking (RPP) No The project site is not within an RPP zone.

Seismic Hazards (Per State Hazards
Mapping Act SHMA) Yes The site is located within an area susceptible to liquefaction, Fault Rupture, or Landslides as

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 8 of 15
shown on the State Seismic Hazard Zones map. A
geotechnical report was submitted by the applicant
that has been peer reviewed by the City’s
consultant. Conditions of approval will be included
in the permit to ensure oversight by the applicant’s
geotechnical consultant.

Soil/Groundwater Contamination No
The project site is not listed on the Cortese List (an
annually updated list of hazardous materials sites),
nor is it within the City’s Environmental
Management Area.

Transit Yes
The project area is served by AC Transit line 67.

There is an existing bus stop within 0.2 miles to
the east near the intersection of Vasser Avenue
and Spruce Street.

Table 3: Project Chronology
Date Action
July 8, 2022 Application submitted
July 22, 2022 Application incomplete
August 24, 2022 Application resubmitted
September 7, 2022 Application incomplete
October 25, 2022 Application resubmitted
November 8, 2022 Application deemed complete
December 22, 2022 Public hearing notices mailed/posted
December 23, 2022 Received revised drawings
January 12, 2022 ZAB hearing
Table 4: Development Standards
Standard
BMC Sections 23D16.070-080 &
23E.96.070
Existing Proposed Total Permitted/Required
Lot Area (sq. ft.) 5,088 No Change 5,000 min
Gross Floor Area (sq. ft.) 1,733 4,350 n/a
Dwelling Units 1 1 1 max
Average (ft.) 25.5 29.3 28 max
(35 with AUP)
Maximum (ft.) 28.75 31.687 35 max
Building
Height
Stories 3 3 3 max
Front
(Kentucky Ave) 4 4 20 minBuilding
Setbacks (ft.)
Rear 38.8 38.16 20 min

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 9 of 15
Left Side 4.7 5 4 min
Right Side 9.7 9.25 4 min
Lot Coverage (%) 31.5 39.7 40 max
Usable Open Space (sq. ft.) 181 922 400 min
Parking Automobile 1 2 1 min

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 10 of 15
II. Project Setting
A. Neighborhood/Area Description: This is a residential area with a mix of one-, two-, and three-story single-family dwellings, with areas of open space in excess of that required, and mature vegetation. Lots in the neighborhood are generally rectangular with some irregularities due to existing slopes and curved roadways. The neighborhood hills generally slope downwards from the northeast to the southwest and provide primary views westward towards the San Francisco Bay. Given the hilly terrain and limited availability of on-street parking, the dwellings in the neighborhood tend to include attached one- or two-car garages within front setbacks, and often right up to the sidewalks.

B. Site Conditions: The project site is located on the east side of Kentucky Avenue, half a block north of Michigan Avenue in the North Berkeley hills, on an upslope lot. The generally rectangular project site is 50 feet wide along Kentucky Avenue, and approximately 99.5 feet deep. Vegetation on the lot is dominated by a large red maple in the back yard. There are not, nor has there recently been, protected Coast Live oak trees on the site.

III. Project Description
A. Proposed Project: The subject parcel is currently developed with a 1,773 square foot three-story single-family home with a single-car garage within the front setback. The owner has applied to demolish the house and garage and replace them with a 3,310 square foot three-story single-family home with an attached Accessory Dwelling Unit (ADU)1, and a two-car garage with the same front setback as the original garage. The project also includes a detached shed in the rear of the property, and an uncovered garbage and recycling enclosure at the front property line. The proposed dwelling unit is contemporary in style and would have a shed roof with a maximum height of 31 feet,

8.5 inches and an average height of 29 feet, 4 inches. The applicant team have shared that the new home is designed to only minimally expand the footprint beyond that of the existing home, and that the proposed full excavation of the ground floor level adds floor area while minimizing taller construction.

The proposed ground floor level would consist of a TV room, a laundry room, and a studio-style ADU with access via an exterior staircase and landing over the garage roof. The second floor would consist of four bedrooms and two bathrooms, with access to a front balcony. The top floor would contain the kitchen, dining room, family room, and a study. This floor would open onto front and rear balconies. Both the TV room 1 Per BMC 23.306.030, ADU’s are permitted with a Zoning Certificate. They are not part of ZAB’s discretionary review. They ADU is only mentioned here for purposes of context.

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 11 of 15
and the study meet the definition of a bedroom 2 (23.502.020(B)), bringing the total number of bedrooms to six. Bedrooms located in ADUs are not included in the count because they are not subject to discretionary review, however, if the ADU is not developed concurrently with the proposed project a Use Permit Modification would be required for any additional rooms that meet the zoning criteria for a bedroom.

Because of the steep terrain, the partially-subterranean attached two-car garage will be located at the front of the lot. It will have a 4-foot nonconforming setback, which is identical to that of the existing garage.

Two accessory structures are also proposed. A 9-foot high, 85 square foot workout shed will be at the rear of the backyard. There will be a roofless garbage and recycling enclosure at the front of the lot at the property line.

The red maple in the back yard is not slated for removal. A small lemon tree and a yucca in the front of the lot are slated for removal, but they are to be replaced by a new tree (species yet to be determined) and other plantings.

IV. Community Discussion
A. Neighbor/Community Concerns: Prior to submitting this application to the city, the applicant erected a pre-application poster at the project site. They also submitted drawings of the proposed plans to all adjacent and abutting neighbors (Attachment 2).

No comments in opposition were received at that time.

However, upon erection of the story poles, the new owners of a house behind the subject site (480 Vasser Avenue) objected to what they perceived as excessive obstruction of their view, and expressed this directly to the applicants. The applicants responded by negotiating a compromise with them, which involved adjusting the roof height and orientation and erecting new story poles. After installation of the new story poles, the next-door neighbor at 467 Kentucky Avenue expressed concerns about privacy. Specifically, he was concerned that the front balcony would allow occupants to look down onto his deck and into his bedroom window. He said he was in contact with the applicant about working out a solution. However, the complaint, came in too late for any solution to be included in this report.

On December 22, 2022, public hearing notices were mailed to property owners and occupants within 300 feet of the project site, and to interested neighborhood organizations (Attachment 3). The City also posted notices within the neighborhood at 2 Bedroom. Any habitable space in a dwelling unit or habitable accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping with a door that closes the room off from other common space such as living and kitchen areas that is at least 70 square feet in area, exclusive of closets and other appurtenant space, and meets Building Code standards for egress, light and ventilation. A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition will be considered a bedroom for the purposes of applying this requirement. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 12 of 15
three locations. As of the date of this report, Staff has not received any public comments regarding the project.

B. Committee Review: This project is not subject to Design Review.

V. Issues and Analysis
A. Findings for Use Permit Approval in the R-1(H) District: Pursuant to BMC Section

23.202.020(B), a new single-family dwelling is allowed in the R-1 zoning district with a Use Permit, provided that its siting meets applicable development standards and subject to the non-detriment finding. As shown in Table 4, the proposed project would meet or exceed all development standards for the dwelling, with the exception of front setback. The average height may be increased from 28 feet up to 35 feet with an Administrative Use Permit (AUP) in the R-1 (BMC 23.202.050(D) as well as under the Hillside Overlay (BMC 23.210.020(C)(2). Since it comes in well below the allowed maximum height, and the applicant revised the proposed height in response to concerns raised by a neighbor, it is Staff’s opinion that height-related issues will be negligible.

In the Hillside Overlay, an AUP to reduce required setbacks (BMC 23.210.020(C)(4)) can be approved upon finding the project is consistent with the purpose of the Hillside overlay zone as state in BMC 23.210.020(A). While the main dwelling meets the 20- foot front setback, the proposed two-car garage would be located in the front setback, about 4 feet from the front lot line. This is necessary due to the steep upward slope of the lot. It is also consistent with many neighboring properties, which also have garages at the fronts of their lots.

The proposed project would meet the following purposes of the Single-Family Residential, Hillside Overlay, R-1(H) District:

1. Implement General Plan policies regarding Hillside Development while recognizing and protecting the existing pattern of development in the low density, single family residential areas of the City;

2. Make available housing for persons who desire detached housing accommodations and a relatively large amount of Usable Open Space;

3. Protect adjacent properties from unreasonable obstruction of light and air;

4. Protect the character of Berkeley’s Hillside Districts and their immediate environs;

5. Give reasonable protection to views yet allow appropriate development of all property; and

6. Allow modifications in standard yard and height requirements when justified

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 13 of 15
because of steep topography, irregular lot pattern, unusual street conditions, or other special aspects of the Hillside District area.

B. General Non-Detriment Finding: Staff believes the project would not be detrimental to the health, safety, peace, morals, comfort, or general welfare of residents or workers in the area because it would be consistent with the development pattern in the area.

The applicant proposes to construct a single-family dwelling in a neighborhood of single-family dwellings and with a siting/design that would be compatible with the surrounding built environment. Staff believes that the proposed project would not unreasonably obstruct sunlight, privacy, air, or views as analyzed below:

1. Sunlight/Shadow: Shadow studies submitted by the applicant document the existing and proposed shadow effects at three times each day at the summer and winter solstices and the spring equinox. The studies show that the new dwelling would cast slight new shadows on neighboring yards and buildings at certain times of year and times of day. However, while the proposed dwelling would cast new shadows, impacts would be limited in duration and effect and would not substantially diminish sunlight for the affected residences. The most significant shadow effects on neighboring properties are already in existence due to the existing house at 469 Kentucky. Additional effects due to increased heights mostly avoid impacts on neighboring lots. Staff recommends that the Board find that these potential impacts are non-detrimental.

2. Privacy: The proposed dwelling would result in smaller setbacks from property lines, but would still exceed required minimums except in the front of the lot. The main dwelling is setback 20 feet, while the two-car garage would be located in the required front setback in the same area as the existing single-car garage. The garage location is necessary due to topography. The proposed new garage would not change this setback (see Table 4 above).

Front and rear third-floor balconies are proposed for the new house. Due to window locations and terrain, the rear balcony does not appear to be cause for any privacy concerns. The front balcony could potentially cause privacy concerns for the properties at 469 and 475 Kentucky Avenue. While there is already a balcony on the third floor of the existing house, views of 475 Kentucky are currently blocked by a row of juniper trees. However, those would be removed, which would open up views between dwellings. Other than this issue, which is common in an urban residential environment, Staff believes the proposed dwelling would not be detrimental regarding privacy.

3. Air: As discussed above, the proposed single-family dwelling unit exceeds all side and rear setback requirements in the R-1(H) Zoning District, and would be consistent with the existing development and building-to-building separation pattern – or air – in this neighborhood. The reduced front setback to accommodate the garage on this uphill lot is a common in this area, and is

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 14 of 15
adjacent to the open area of the street. Additionally, the proposed project would exceed the usable open space requirement. (See Table 4 above).

4. Views: Per BMC Chapter 23.502.020(V), a significant view is a view of the Berkeley Hills, San Francisco Bay, Mt. Tamalpais, or a significant landmark or any other significant vista that substantially enhances the value and enjoyment of real property. As described above under Project Setting, substantial southwestward views are available from the area surrounding the project site, including from Kentucky Avenue, neighboring residences, and the residences uphill to the northeast of the project site.

The proposed three-story residence replaces an existing three-story residence.

The new residence would be approximately three feet higher than the existing residence. Story poles, erected in November 2022, revealed that the view of San Francisco Bay from at least one residence, 480 Vasser Avenue, would be partially diminished due to the width of the new third story. After receiving this feedback from the owners of 480 Vasser Avenue, the applicants revised their plans and erected new story poles. The new plans changed the orientation of the proposed roof so that views of the bay were substantially preserved. (Attachment 5). Staff believes the proposed project, as revised, would not unreasonably obstruct views.

VI. Other Considerations
A. General Plan Consistency: The 2002 General Plan contains several policies applicable to the project, including the following:

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

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

3. Policy UD-16–Context: The design and scale of new or remodeled buildings should respect the built environment in the area, particularly where the character of the built environment is largely defined by an aggregation of historically and architecturally significant buildings.

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

5. Policy UD-32–Shadows: New buildings should be designed to minimize impacts on solar access and minimize detrimental shadows.

6. Policy H-16–Family Housing: Support and encourage housing projects that include units affordable and suitable for households with children and large families.

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ZONING ADJUSTMENTS BOARD 469 KENTUCKY AVENUE
January 12, 2023 Page 15 of 15

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

Staff Analysis: The proposed project is architecturally compatible with neighboring development. It is consistent with development standards of the Hillside Overlay Zone. It does not cause substantial air, sunlight, or privacy issues for the adjacent properties, and it is compatible with the General Plan goal of providing family housing in the R-1 District.

VII. Recommendation
Because of the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recommends that the Zoning Adjustments Board APPROVE Use Permit ZP2022-0087 pursuant to Section 23.406.040 and subject to the attached Findings and Conditions (Attachment 1).

Attachments:

1. Findings and Conditions

2. Project Plans, received July 8, 2022

3. Notice of Public Hearing

4. Historic Evaluation Report

5. Story Pole Photos
Staff Planner: Russell Roe, [email protected], (510) 981-7548

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Attachment 3

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Land Use Planning Division
(Attn: ZAB Secretary)
City of Berkeley
1947 Center St 2nd Floor
Berkeley, CA 94704
Re: 469 Kentucky Ave.

Use
Permit ZP 2022-0087
Hearing: January 12. 2023
Dear Sirs/Madams:

I live at 483 Kentucky Avenue, thr
ee doors south of this project. I oppose this demolition project at 469 Kentucky Ave because it risks damage to the adjacent houses, geologic slippage, flooding, and traffic obstruction. As a parent of a 6 month old, I am particularly concerned with the persistent and extraordinary noise and potential for toxic pollutants resulting from the demolition. As a committee member on the Kentucky Ave Disaster Preparedness Group, I am concerned a project of this scale on such a narrow street could seriously impede evacuation and emergency personnel in the event of an earthquake or wildfire.

I largely agree with the letters sent by our neighbors Stephen Bedrick and Ren Ng. Th e staff and Board
should continue the hearing to consider our objections.

Thank you.

Ben Young
Attachment 4

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From: Cynthia Foster
To: Roe, Russell
Subject: Fwd: Use Permit #ZP2022-0087, 469 Kentucky Avenue Date: Tuesday, January 10, 2023 2:49:32 PM
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Sent from my iPad
Begin forwarded message:

From: Cynthia Foster <[email protected]>
Date: January 10, 2023 at 2:48:45 PM PST
To: [email protected]
Subject: Use Permit #ZP2022-0087, 469 Kentucky Avenue
Land Use Planning Division
Attn: ZAB Secretary
City of Berkeley
1947 Center St., 2nd Floor Berkeley, CA 94704
Sent via email
Dear Sirs/Madams,
I live at 479 Kentucky Avenue and am writing to oppose the project at 469 Kentucky Avenue. I have several concerns, including the size of the proposed residence, demolition, parking, and access to the street during both demolition and construction.

I will assume the project will be approved based on where we are in the project proposal, so I will focus on concerns of
demolition/construction and access to the street.

Kentucky Avenue is 2 one-way streets with a median in the middle of the upper and lower portions of the street. It’s a small neighborhood

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street and additional traffic will be disruptive at best. Parking is already limited.

Emergency vehicles, delivery trucks, USPS, and City
refuse/recycling trucks carefully manage access to the street. The City trucks are cognizant of neighborhood traffic on Tuesday mornings and quite considerate of the neighbors as they seem to understand our unique street.

My concerns with the demolition and subsequent construction have to do with access to entering and exiting the street.

It’s a narrow (one
way) street and with the amount of trucks and dumpsters involved in this project, it’s most likely the street with be blocked for extended periods of time. It is very difficult to turn a car around and exit in the wrong direction. It’s been done in emergencies, but should not be done on a consistent basis, particularly due to construction blocking the street.
* With large trucks even partially blocking part of the street, emergency vehicles may not
be able to access the street.
* Will neighbors be given 48 hours notification when the street will be blocked in order to
make plans for access to their homes?
* Will this project create geologic slippage due to hillside and/or geologic stability
issues to houses adjacent to this
project?
* When the street is obstructed during this project, can the time be limited to specific hours and/or a set amount of time? * Will construction companies work with neighbors when large delivery trucks are
expected? What is their responsibility
with monitoring traffic?
* Last, but not least, where will the construction crews park? Can they be informed not to block stairs which limits access to homes? I’m asking this specifically as on multiple occasions, a vehicle from the architect’s firm has blocked the stairs to, and also the driveway at, my house.

Thank you for your consideration,
Cynthia Foster

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479 Kentucky Avenue
Berkeley, CA 94707
510-499-6880
Sent from my iPad

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Ren and Yi Ng
467 Kentucky Ave
Berkeley, CA 94707

January 4th, 2023

To: Zoning Adjustments Board, City of Berkeley

Regarding: Request to Postpone Approval of Use Permit ZP2022-0087 for 469 Kentucky Ave

Dear Members of the Zoning Adjustments Board,

We are the neighbor immediately north of the site for Use Permit ZP2022-0087.

We are writing to respectfully request that you postpone approval of this use permit, for two reasons.

First, to provide us more time to work with the owner and architect regarding our objections to the current design. Second, to provide time for them to add information about how they will mitigate the potential detrimental effects of demolition/construction with respect to property damage, health and safety, traffic access, etc. Both are described in detail below, and we request that these important issues be addressed in the application before a permit is approved.

(A) Information Flow Problems and The Need for More Time

The architect has sent us two sets of detailed design plans directly – the first in February 2022 and the second on December 20th, 2022. However, two days ago, we discovered that the versions of these plans on the city website include additional documents that we did not previously receive and were unaware of. These documents include additions, design revisions, soil studies, shadow studies, landscaping plans, etc. The latest design revisions were only uploaded yesterday, on January 3 rd 2023.

We have only had what we believe is the complete version of the documents for 1-2 days, and need more time to study and absorb this large body of information and discuss all our concerns with the owner and architect. We are writing now to meet the deadline in advance of the January 12th ZAB meeting.

(B) Objections to the Current Design Based on Privacy Intrusion and Sun Shadowing

The following design problems emerged only after erection of the story poles, and examination of changes in the latest design documents.

Our chief objection to the current proposal is privacy intrusion. Our home has a secluded deck adjoining the master bedroom. The proposed design for 469 has a balcony that will provide direct views from a close distance onto our private deck (3
rd floor) and into our master bedroom (see Figure
1 below). If built as designed, this balcony will intrude on two of our most private spaces, and be detrimental to our peace, comfort and property. We are currently in discussions with the owner and architect regarding this problem, and request more time to design a well considered, mutually acceptable modification and document it in the use permit before approval.

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Additional design concerns include:

• Privacy loss on our main deck area with barbeque and dining seating (2nd floor). This deck area is not visible from existing 469 Kentucky decks or windows, except the front door and adjacent window. The proposed balcony and potentially the proposed windows on the 3rd floor look down on our deck area. In the latest changes to the plan, the proposed balcony has changed from opaque siding to a wraparound glass design (see Figure 2), which increases the problem of visual privacy loss. We are working with the architect to understand the implications of the latest design, and request time to document any modifications, if necessary, in the use permit before approval.
• There is a new shadow study in the latest design documents. We need more time to study and understand its implications, but a preliminary examination shows that the proposed structure will block more morning light onto our deck.

In studying the latest versions of the documents proposed for approval, we were left with many questions and concerns about how the project plans to mitigate detrimental effects of demolition and construction to property, health and safety, traffic, parking, etc. We have not had time to discuss these with the owner and architect yet. We request that you postpone approval of the use permit so that they can provide more information to us and the neighborhood to allay these concerns.

Demolition.

We request addition of a demolition plan, that details how the project will mitigate detrimental effects related to the following issues:
• Hazardous materials. We have two children, ages 7 and 9, and we will be living at the demolition and construction site for 1-2 years. We are concerned about detrimental health effects due to hazardous materials, such as lead dust and asbestos. We request addition of a hazardous material study, and for health and safety issues for neighbors to be addressed comprehensively in the demolition plan.
• Property damage. We are concerned about potential damage to our home during demolition and construction. Our house is separated from 469 Kentucky by just 8 feet for the full depth and height of our three-story houses (see Figure 3) on a steep hill. • Erosion and settling. Given the proximity of our houses (again, 8 feet separation for the full depth), we are concerned that excavating and levelling the hill for the new house may cause unintended hillside erosion and/or settling that damages the foundation and/or structural integrity of our home.
• Tree Safety. In the backyard of our property is a notable tree – a healthy 90-year-old Giant Sequoia (see Figure 3B). It appears that the landscaping plan for 469 Kentucky will excavate and/or hardscape a backyard area covering approximately ¼ of the root system for this tree.

We are concerned of unintended detrimental impacts to the tree’s health and stability, potentially creating a safety risk to surrounding residents and property. • How will shared property between our houses be preserved or replaced during demolition and construction? In the space between our houses are shared fences, walking path, and a ~10 foot tall pergola that touches both buildings (see Figure 3). The pergola’s doors have for years

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prevented deer access to both our backyards – how will we prevent deer access to our backyard after demolition? We realized that the current document plans do not mention these pieces of property, and we have not had a chance to discuss yet. • Drainage is a serious problem on our steep hillside, but we fortunately do not currently experience a problem on our lot or for our foundation. We are concerned about drainage changes and potential new problems due to the demolition, excavation and new construction. • Noise. How will demolition and construction noise be managed to acceptable levels not to interfere with professional requirements for work from home? This is a very important issue, because one of us works from a home office 4-5 days a week.

Community Impacts: Traffic, Street Safety, Street Access and Parking

Our street is unusual, because it is comprised of two one-way roads separated by a steep median drop (8 feet tall at the site). The one-way roads are narrow enough that traffic cannot pass if cars park normally, so residents much park partially atop the sidewalk. The road itself has a steep hill section, and access is via Michigan Avenue, one of the steepest hills in Berkeley. These are some of the significant environmental challenges facing the project and the neighborhood.

The project to completely demolish and build a new 3800 square foot home is by far the most complex construction project on the street in years, possibly decades. We request that the application add a plan for mitigating detrimental impacts to neighborhood traffic, street safety, street access and parking. The concerns include:
• How will construction parking be managed so as not block thoroughfare? • How will access by fire trucks and emergency vehicles be preserved at all times, given that this is already very challenging due to the narrow one-way road and parking situation. • Construction vehicle accidents are a serious concern. Near the intersection with Michigan Avenue, in the past two years there were several serious accidents involving construction vehicles due to the steepness and narrowness of the roads. One accident destroyed the railing and part of the front steps of the house at the end of Kentucky Ave. Another serious incident involved a moving backhoe that threatened the safety of two children, including one of our own, and was referred to Councilmember Sophie Hahn for follow up. • The street surface itself is old and in poor repair. On our side of the street, there is a long sunken strip of asphalt that already causes tire damage to resident cars (including rupturing one of the tires on our car). This project will require innumerable trips by heavy vehicles that will have a detrimental effect on this fragile surface, and damage must be mitigated. • How will construction parking by managed to avoid depriving residents of parking? • Last but not least, there are many families living on this street with young children, who often play and bike on the street – everyday in the summer. Visibility is poor, especially in a tall truck coming over and down the steep hill towards the construction site. What safety measures will be put in place to protect the neighborhood?

In summary, we request that you postpone the approval of this use permit until the above issues are addressed. Thank you for your consideration of our request.

Yours sincerely,
Ren and Yi Ng

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Figure 1: Privacy intrusion from proposed deck onto our private deck and master bedroom.

Top left: photo from our deck showing location of proposed deck railing (story poles).

Top right: photo sitting on bed inside bedroom showing location of proposed deck railing.

Bottom left: photo from direction of proposed 469 deck towards our bedroom.

Bottom right: detail of direct view of bed in bedroom.

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Figure 2: Recent changes in design. We have been sent two versions of the design.

Top row: rendering and elevation from previous design sent to us in February 2022, with proposed balcony as opaque siding.

Bottom row: rendering and elevation from latest design (uploaded January 3 rd, 2023) with
proposed balcony as wraparound glass. This change increases loss of privacy concerns.

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Figure 3.

Left, A Rear view of pergola between 469 Kentucky (left) and our home (right).

Right, B: Front view of pergola, with 90-year-old Giant Sequoia in background. The houses are separated by 8 feet as shown for the full depth and height of the houses.

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Pam and Les Bradford
476 Vassar Avenue
Berkeley, CA 94708
510-527-8421

January 9, 2023

Russell Roe
City of Berkeley Planner
[email protected]

Dear Mr. Roe,

Thi
s letter is in support of the home project of the Keefe family at 469 Kentucky Avenue in
Berkeley. Our property sits east of that property, directly behind their residence; we share a fence and have been their neighbors since 1990. Their project will not have any negative impact on our home or view of the San Francisco Bay and Aidan Keefe has communicated with us from the beginning of his efforts to make home improvements. We certainly hope he will be able to continue with the work projected and be a part of our neighborhood.

Sincerely,

Pamela Bradford
Lester Bradford

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KATHRYN ANN SELIGMAN
485 KENTUCKY AVENUE
BERKELEY, CA 94707
[email protected]

January 4, 2023

Land Use Planning Division
(Attn: ZAB Secretary)
City of Berkeley
1947 Center Street, 2nd Floor
Berkeley, CA 94704

Re: 469 Kentucky Avenue
Use Permit ZP 2022-0087
Hearing: January 12, 2023

I reside with my family at 485 Kentucky Avenue, four houses south of the proposed demolition and rebuilding project at 469 Kentucky Avenue. We have lived in our home since July 1988 – more than 34 years. I write to oppose the proposed project, the use permit and the demolition permit, because the project will be detrimental to the health, safety, and quality of life of those of us who reside on the northbound one-way street that is on the east side of Kentucky Avenue, specifically the block between the intersections of Michigan and Maryland Avenues.

The lengthy proposed project will undoubtedly cause significant adverse effects detrimental to those who live on both sides of the street – noise, dust, debris, pollution, blockages and disruption.

However, I am particularly concerned with the effect the project will have on the ability of myself and similarly situated neighbors to safely drive away from our homes and return to our homes on our northbound one -way one-lane block of Kentucky Avenue. Simply put, large trucks needed to bring supplies and workers and to haul away the significant debris resulting from demolition and reconstruction, as well as dumpsters full of debris wil l inevitably block most or all of our very narrow one-way street for significant periods of time, making it

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impossible or very perilous to drive our cars past the project on our block of the street. Not only will residents be prevented from dri ving down the street to get from or to our homes, but so will the vehicles of persons who visit us, work for us, deliver mail and packages, haul garbage, or most importantly, provide emergency services (e.g. ambulances, firetrucks, water and power trucks).

To understand this significant impairment of our ability to leave from or return to our homes by vehicle, you need to understand the unusual configuration of our block of Kentucky Avenue. I hope the photos sent along with this letter will be helpful, but you really need to see it in person to understand.

Our block of Kentucky Avenue (between Michigan and Maryland) is essentially two one-lane one-way streets. We live on the eastern side of the street, so traffic on our side (our lane) heads only north towards Maryland. Traffic on the western side of the street heads only south towards Michigan. The proposed project is also on the eastern side of the street.

The street is terraced and the two sides or lanes of the street are separated by a wide divider strip that is planted with bushes, shrubs and a few trees and slants downward from our side (the eastern side of the street) to the other side (the western side of the street). The planted divider strip is about 6 to 10 feet high and wide, so there is a 6 to 10 foot drop off from the upper (eastern) side of the street to the lower (western) of the street. Obviously, one cannot drive across the divider strip to the other side of the street. Moreover, it is very, very difficult to traverse the divider on foot, particularly for us older adults.

Thus, if the single one-way northbound lane on the eastern side of the street is completely or significantly blocked, there is no way to turn one’s car around or make a u-turn in the middle of the terraced block to head the other way. It would be difficult and unsafe to navigate a u-turn in the narrow lane, with parked cars on one-side and the drop off on the other side. The person driving northbound is essentially stuck until the vehicle blocking the street moves on. This happens, unfortunately, with some frequency, on days when garbage is being picked up or many packages are being delivered.

If the proposed demolition and rebuilding project at 469 Kentucky Avenue is approved, we anticipate there would be many days over months when large

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trucks and dumpsters would completely or mostly be blocking our narrow one - lane one-block northbound street. Those of us who live south of 469 Kentucky (which is near the middle of the block) would be prevented from driving away from our homes. The street is too narrow and hilly to safely navigate a u -turn and drive south. Trying to back out towards Michigan is also dangerous. Those who live north of 469 Kentucky would have difficulty returning to their homes, unless they dangerously drove the wrong way on the northbound street

These significant and inevitable problems of egress and ingress on our narrow one-land one-way street are aggravated by the fact that so many of us park at least some of our vehicles on the street in front of our homes. You will note that we usually park our vehicles in the proper northbound direction with the passenger side wheels up on the curb. We do this out of necessity because the street is so narrow. Many of us have had our vehicles hit or sideswiped when we do not park on the curb.

Many of us park on the street at the curb because we do not have usable garages and driveways. The garages are too small or con verted to other uses. Or, as is the case in our family, our garage only holds one vehicle. My husband parks his car in the garage (when it is not flooded) and my son and I park our vehicles along the curb in front of our house. Many of the driveways on our block are narrow, sloped our poorly graded, so parking in the driveway is not always an option.

Parking is often hard to find on our block of Kentucky Avenue, and on intersecting streets, as persons who visit us or work in our homes are all too aware. T he vehicles, dumpsters and equipment needed for the proposed demolition and remodeling project will also take up needed parking spaces and make it impossible, difficult or hazardous for us to continue parking our cars on the street on our block.

Parking elsewhere – across the street on the other side of Kentucky or on neighboring streets is not a viable option. The other side of our block of Kentucky (the western side with the southbound lane) has few available parking spaces. As noted above, traversing the planted barrier is difficult and hazardous, particularly if one is carrying groceries or something else from the car to home. We live closer to the intersection of Kentucky and Michigan. Michigan is a very steep street heading downhill from Spruce Street to Kentucky. There are not a lot of available

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places to park on Michigan, and carrying groceries or other items from the vehicle to the home is also difficult. The street is steep and not well lighted. The options for Kentucky Avenue residents parking their vehicle on other intersecting or nearby streets are uncertain, difficult, hazardous or inconvenient –not to mention the inconvenience caused to people who live on these other streets when we park our vehicles in front of their home for months.

Those of us who live on the eastern side of the divided block of Kentucky Avenue, particularly those of us who live south the proposed demolition and rebuilding project should not have to face these hazards, incoveniences and disruptions to our lives for the many months (possibly years) that it will take to complete this project.

For the reasons discussed above, I oppose the demolition and rebuilding project at 469 Kentucky on behalf of myself, my family and similarly situated neighbors.

Sincerely yours,

KATHRYN ANN SELIGMAN

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1 Photographs of Kentucky Avenue, 400 Block: Divided Portion of Street

Cars Parked Along the Curb on the East / Uphill Side of Street Please note that the cars have their passenger side tires on the curb, so traffic can pass by.

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2 Planted Divider in the Middle of Kentucky Avenue Separating Two One-way Streets Please note that the West / downhill block is many feet below the East / Uphill block and most residents cannot safely walk across the street from one side to the other.

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3 Storm Drain on the East / Uphill Block of Kentucky Avenue Please note that the storm drain is near the project site.

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Land Use Planning Division
(Attn: ZAB Secretary)
City of Berkeley
1947 Center St 2nd Floor
Berkeley, CA 94704
Re: 469 Kentucky Ave.

Use
Permit ZP 2022-0087
Hearing: January 12. 2023
Dear Sirs/Madams:

I largely agree with the letters sent by our neighbors Stephen Bedrick and Ren Ng. Th e staff and Board
should continue the hearing to consider our objections.

Thank you.

Ben Young
Attachment 4

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Sent from my iPad
Begin forwarded message:

I will assume the project will be approved based on where we are in the project proposal, so I will focus on concerns of
demolition/construction and access to the street.

Kentucky Avenue is 2 one-way streets with a median in the middle of the upper and lower portions of the street. It’s a small neighborhood

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street and additional traffic will be disruptive at best. Parking is already limited.

My concerns with the demolition and subsequent construction have to do with access to entering and exiting the street.

Thank you for your consideration,
Cynthia Foster

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479 Kentucky Avenue
Berkeley, CA 94707
510-499-6880
Sent from my iPad

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Ren and Yi Ng
467 Kentucky Ave
Berkeley, CA 94707

January 4th, 2023

To: Zoning Adjustments Board, City of Berkeley

Regarding: Request to Postpone Approval of Use Permit ZP2022-0087 for 469 Kentucky Ave

Dear Members of the Zoning Adjustments Board,

We are the neighbor immediately north of the site for Use Permit ZP2022-0087.

We are writing to respectfully request that you postpone approval of this use permit, for two reasons.

(A) Information Flow Problems and The Need for More Time

(B) Objections to the Current Design Based on Privacy Intrusion and Sun Shadowing

The following design problems emerged only after erection of the story poles, and examination of changes in the latest design documents.

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Additional design concerns include:

Demolition.

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Community Impacts: Traffic, Street Safety, Street Access and Parking

In summary, we request that you postpone the approval of this use permit until the above issues are addressed. Thank you for your consideration of our request.

Yours sincerely,
Ren and Yi Ng

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Figure 1: Privacy intrusion from proposed deck onto our private deck and master bedroom.

Top left: photo from our deck showing location of proposed deck railing (story poles).

Top right: photo sitting on bed inside bedroom showing location of proposed deck railing.

Bottom left: photo from direction of proposed 469 deck towards our bedroom.

Bottom right: detail of direct view of bed in bedroom.

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Figure 2: Recent changes in design. We have been sent two versions of the design.

Top row: rendering and elevation from previous design sent to us in February 2022, with proposed balcony as opaque siding.

Bottom row: rendering and elevation from latest design (uploaded January 3 rd, 2023) with
proposed balcony as wraparound glass. This change increases loss of privacy concerns.

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Figure 3.

Left, A Rear view of pergola between 469 Kentucky (left) and our home (right).

Right, B: Front view of pergola, with 90-year-old Giant Sequoia in background. The houses are separated by 8 feet as shown for the full depth and height of the houses.

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Pam and Les Bradford
476 Vassar Avenue
Berkeley, CA 94708
510-527-8421

January 9, 2023

Russell Roe
City of Berkeley Planner
[email protected]

Dear Mr. Roe,

Sincerely,

Pamela Bradford
Lester Bradford

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KATHRYN ANN SELIGMAN
485 KENTUCKY AVENUE
BERKELEY, CA 94707
[email protected]

January 4, 2023

Land Use Planning Division
(Attn: ZAB Secretary)
City of Berkeley
1947 Center Street, 2nd Floor
Berkeley, CA 94704

Re: 469 Kentucky Avenue
Use Permit ZP 2022-0087
Hearing: January 12, 2023

The lengthy proposed project will undoubtedly cause significant adverse effects detrimental to those who live on both sides of the street – noise, dust, debris, pollution, blockages and disruption.

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If the proposed demolition and rebuilding project at 469 Kentucky Avenue is approved, we anticipate there would be many days over months when large

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For the reasons discussed above, I oppose the demolition and rebuilding project at 469 Kentucky on behalf of myself, my family and similarly situated neighbors.

Sincerely yours,

KATHRYN ANN SELIGMAN

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1 Photographs of Kentucky Avenue, 400 Block: Divided Portion of Street

Cars Parked Along the Curb on the East / Uphill Side of Street Please note that the cars have their passenger side tires on the curb, so traffic can pass by.

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3 Storm Drain on the East / Uphill Block of Kentucky Avenue Please note that the storm drain is near the project site.

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Administrative Record
This attachment is on file and available for review at
the City Clerk Department, or can be accessed from
the City Council Website. Copies of the attachment
are available upon request.

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

The City of Berkeley, City Council’s Web site
http://www.cityofberkeley.info/citycouncil/
Attachment 5-6

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Attachment 7
NOTICE OF PUBLIC HEARING – BERKELEY CITY COUNCIL
ZAB APPEAL: 469 KENTUCKY AVENUE, USE PERMIT #ZP2022-0087 The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, MAY 23, 2023 at 6:00 P.M. a public hearing will be conducted to consider an appeal of the decision by the Zoning Adjustments Board to APPROVE Use Permit #ZP2022-0087 to demolish a single-family dwelling and construct a 3,310 square foot three-story single- family residence and two-car garage.

The hearing will be held at the Berkeley Unified School District Board Room located at 1231 Addison Street, Berkeley CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of May 11, 2023. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

For further information, please contact Russell Roe, Project Planner, (510) 981-7548 or [email protected]. Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e- mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.
________________________________
Mark Numainville, City Clerk
Mailed by: May 9, 2023
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6, no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed.

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

If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available by request from the City Clerk Department and posted on the City of Berkeley webpage at least 10 days prior to the public hearing.

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

PUBLIC HEARING
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Fee Increase: Condominium Conversion Program Application Fee

RECOMMENDATION
Conduct a public hearing and upon conclusion adopt a Resolution to increase the Condominium Conversion Program application fee by $30 to $310 per application, and the supplementary application fees for units currently rented by $40 to $420 per unit, and applications deferring the mitigation fee by $95 to $1,040 per unit.

FISCAL IMPACTS OF RECOMMENDATION
Fees for processing condominium conversion applications by the City of Berkeley’s Department of Health, Housing, and Community Services (HHCS) were established in 2017 at the current levels of $280 per project, plus $380 per unit or $945 per unit if certain conditions are met (the unit is currently rented out and/or the owner defers mitigation fee payment). There has been no fee update since this time.

Staff recommend increasing the fee to reflect the new costs of service to $310 per project (an 11% increase), plus $420 (an 11% increase) per unit or $1,040 per unit (a 10% increase) if the unit is currently rented out and/or the owner defers mitigation fee payment. Whether regulatory documents are required depends on whether there are tenants and which payment option the owner selects. As an illustration, a 3-unit project would pay between $1,570 and $3,430 total. These proposed fees equate to the cost necessary to cover staff time to complete the process.

Condominium Conversion program management was previously assigned to an Associate Planner classification in HHCS’s Housing and Community Services Division (HHCS/HCS). This work has been assigned to the Community Development Project Coordinator (CDPC) classification, as part of changes in the division to ensure more depth of staffing and consistency of program delivery. The fee is calculated using the same number of hours per task as in 2017 and an updated inclusive hourly rate of $88.70.

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Fee Increase: Condominium Conversion Program Application Fee PUBLIC HEARING May 23, 2023

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The current and proposed fees and the basis for their calculation are presented in the following table.

Hours to
complete
tasks
Cost to
provide
service
Current Fees Proposed Fees
Fees due at
application:

HHCS Project
Application Fee

3.5 $310 $280 $310
HHCS per unit fee
(total fee for
projects paying
before recording the
subdivision for
vacant or owner-
occupied unit)

4.75 $421 $380 $420
Per unit fees for
projects with
tenants/deferring
payment:

Per Unit Addition for
projects paying the
fee before recording
with current
tenants/deferring
payment of fee until
selling the units at a
later date (due at
time of subdivision)

11.75 $1,046 $565
($380+$565=$945
total per unit)
$620
($420+$620=$1,040
total per unit)
*calculation based on hours of staff time x CDPC Step C salary + benefits Over the past five years, an average of five new Condominium Conversion applications are submitted annually. Applicants have the discretion to pay the mitigation fee at the time of application or defer the fee until the unit is sold. These decisions typically depend on market conditions, and whether units are tenant-occupied. The proposed new fee structure, of $310 per application, and additional per unit fees of either $420 or $1,040 per unit, will not exceed the costs of service.

The proposed fee was calculated by applying the hourly staff time rate to the hours needed to complete each task, outlined in the table above. Fees will be deposited into Fund 123-Condo Conversion Program.

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Fee Increase: Condominium Conversion Program Application Fee PUBLIC HEARING May 23, 2023

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CURRENT SITUATION AND ITS EFFECTS
In 2017, the City Council adopted Resolution 67,982-N.S. to fund HHCS staff time on Condominium Conversion applications.

The City’s Condominium Conversion ordinance allows owners to convert their properties into condominiums subject to certain conditions; including paying a mitigation fee for removing housing from the rental market (BMC 21.28). HHCS staff perform a variety of duties to complete Condominium Conversion applications, protect tenant rights (if applicable), and secure the required mitigation fees. This includes:
 Review the application materials submitted;
 Work with the applicant to explain the options for paying the fee;  Draft regulatory agreements and work with applicants to finalize them;  Draft escrow instructions and coordinate with title companies managing escrow;  Analyze project details to calculate the mitigation fee;  Draft mitigation fee demand letters;
 Collect and track payments; and
 Manage the execution of the required agreements.

This proposal allowed HHCS to collect fees for the staff time needed to complete new applications consistent with Planning and the Rent Board’s fee schedule for condominium conversions. The proposed fee updates are needed to reflect actual cost increases since 2017.

BACKGROUND
The Condominium Conversion ordinance includes protections for existing tenants and allows owners to pay a discounted mitigation fee at the time they subdivide the property or wait until they sell the property at a later date to pay the full fee. These decisions affect the amount of staff time required for applicant support and drafting required legal agreements. Mitigation fees collected are deposited into the Housing Trust Fund program. Applicants are also charged fees for the Planning and Rent Board work on applications.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no immediate environmental impacts associated with the adoption of this fee.

RATIONALE FOR RECOMMENDATION
The proposed fee increase reflects the actual increases in costs since 2017 as outlined above.

ALTERNATIVE ACTIONS CONSIDERED
The City could continue to perform the tasks and charge the current fee at a deficit for costs of services. The gap will need to be covered by the General Fund.

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Fee Increase: Condominium Conversion Program Application Fee PUBLIC HEARING May 23, 2023

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CONTACT PERSON
Anna Cash, Community Development Project Coordinator, HHCS, (510) 981-5403 Attachments:
1: Resolution
Exhibit A: Condominium Conversion Application Proposed Fee Schedule 2: Public Hearing Notice

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

ADOPTING AN INCREASE FEE SCHEDULE FOR THE CONDOMINIUM

CONVERSION APPLICATION FOR SERVICES PROVIDED BY THE DEPARTMENT

OF HEALTH, HOUSING, AND COMMUNITY SERVICES
WHEREAS, Berkeley Municipal Code section 21.28, the Condominium Conversion Ordinance, allows property owners to subdivide rental properties under certain conditions; and
WHEREAS, the Department of Health, Housing, and Community Services provides staffing to implement the requirements of the Condominium Conversion Ordinance; and WHEREAS, Berkeley Municipal Code section 21.28.120 allows the City Council to set fees for the administration and implementation of the ordinance; and WHEREAS, Berkeley Resolution no. 67,982-N.S. allows City Council to set fees for the adoption of Condominium Conversion application fee schedule for services provided by the Department of Health, Housing, and Community Services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City adopts the Department of Health, Housing, and Community Services updated Condominium Conversion application fee schedule attached as Exhibit A, effective July 1, 2023.

BE IT FURTHER RESOLVED that the fee schedule will remain valid for a Department of Health, Housing, and Community Services successor agency, if any.

Exhibits
A: Condominium Conversion Application Proposed Fee Schedule

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May 23, 2023

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Exhibit A: Condominium Conversion Application Proposed Fee Schedule Applicable Fee Fee Amount
Fees due at application:

HHCS Project Application Fee $310
HHCS per unit fee $420
Fees due at the time of subdivision:

Per Unit Addition for projects with current tenants/deferred fees $620 ($1040 total per unit)

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May 23, 2023

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NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

INCREASE APPLICATION FEE FOR CONDOMINIUM

CONVERSION PROGRAM
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that a public hearing will be conducted by said city council of the City of Berkeley at which time and place all persons may attend and be heard upon the following:

The Department of Health, Housing, and Community Services is proposing to increase the condominium conversion new application rates.

Applicable Fee Current Fees Proposed Fees
Fees due at application:

HHCS Project Application Fee $280 $310
HHCS per unit fee $380 $420
Fees due at the time of subdivision:

Per Unit Addition for projects with current
tenants/deferred fees
$565
($945 total per unit)
$620
($1040 total per unit)
The hearing will be held on, MAY 23, 2023 at 6:00 p.m. in the School District Board Room, 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Anna Cash at 510-981-5403.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of May 11, 2023. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

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

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May 23, 2023

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

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

Published: May 12 and May 19, 2023 – The Berkeley Voice Published pursuant to Government Code Section 6062a.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 11, 2023.

Mark Numainville, City Clerk

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RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution to increase the $364 Condominium Conversion Program subordination fee by $35 to $399.

FISCAL IMPACTS OF RECOMMENDATION
The fee for processing subordination requests was established by the City of Berkeley’s Department of Health, Housing, and Community Services (HHCS) in 2017 at the current level of $364 per subordination request. There has been no fee update since this time.

Staff recommend increasing the fee to reflect the new costs of service to $399 per subordination request (a 9.6% increase) for FY 2024 to cover the current actual cost of delivering this service. The proposed fee equates to the costs necessary to cover staff time to complete the process.

Condominium Conversion program management was previously assigned to an Associate Planner classification in HHCS’s Housing and Community Services Division (HHCS/HCS). This work has been assigned to the Community Development Project Coordinator (CDPC) classification, as part of the changes in the division to ensure more depth of staffing and consistency of program delivery.

The fee is calculated using the same number of hours per tasks as in 2017 and an updated inclusive hourly rate of $88.70. The current and proposed fee and the basis for their calculation are presented in the following table.

Table 1. Fee per Subordination Request
Staff time per
Application
Total
Program
Costs*
FY 23 Fee
(current)
Percent Change

4.5 hours $399 per
application
$364 per
application

9.6%
*calculation based on 4.5 hours x CDPC Step C salary + benefits

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Fee Increase: Condominium Conversion Program Subordination Fee PUBLIC HEARING May 23, 2023

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City staff estimate five or fewer Condominium Conversion subordination requests per year, costing the City of Berkeley an estimated $1,995 annually. The current fee of $364 generates $1,820 annually (based on the projected estimate of five projects) creating a deficit to cover the costs to provide the service. The proposed new fee structure of $399 per application will not exceed the costs of service.

The proposed fee was calculated by applying the hourly staff time rate to the hours needed to complete each task, outlined in Table 1. Fees will be deposited into Fund 123-Condo Conversion Program. A comparison of the current rate schedule and the new rate schedule is included as Exhibit A.

CURRENT SITUATION AND ITS EFFECTS
In 2017, the City Council adopted Resolution 67,981-N.S. to fund HHCS staff time for Condominium Conversion subordination requests. A subordination agreement is a legal document that prioritizes debts for repayment. These are common agreements banks require when refinancing mortgages. HHCS routinely receives subordination requests for deferred condominium conversion fees and must evaluate them to ensure the City’s debt remains secure if the subordination is approved. The FY 2024 proposed fee increases account for increased staffing costs and the reallocation of the position managing Condominium Conversion subordination requests from an Associate Planner to a Community Development Project Coordinator.

Various neighboring cities charge homeowners for the preparation of subordination agreements. Examples include San Francisco ($668), San Jose ($353), and Oakland ($830).

BACKGROUND
The City’s Condominium Conversion ordinance allows owners to convert their properties into condominiums subject to certain conditions, including paying a mitigation fee for removing housing from the rental market (Berkeley Municipal Code 21.28). The ordinance includes protections for existing tenants and allows owners to pay a discounted mitigation fee at the time they subdivide the property or defer payment until they sell the property at a later date.

Tenant-occupied condominiums and condominiums for which the owner has chosen to defer payment of the fee have regulatory agreements recorded on the title for the property. Property owners request subordination agreements from the City when refinancing to protect the bank loan’s position.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no immediate environmental effects associated with the adoption of this fee.

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Fee Increase: Condominium Conversion Program Subordination Fee PUBLIC HEARING May 23, 2023

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RATIONALE FOR RECOMMENDATION
The proposed fee update reflects the actual changes in the cost of providing this service.

ALTERNATIVE ACTIONS CONSIDERED
The City could continue to perform the tasks and charge the current fee at a deficit for costs of services. The gap will need to be covered by the General Fund.

CONTACT PERSON
Mariela Herrick, Community Development Project Coordinator, HHCS, (510) 981-5224 Attachments:
1: Resolution
Exhibit A: Condominium Conversion Subordination Fee Proposed Rates Schedule Comparison
2: Public Hearing Notice

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

ADOPTING AN INCREASE FEE SCHEDULE FOR THE CONDOMINIUM

CONVERSION PROGRAM SUBORDINATION REQUESTS FOR SERVICES

PROVIDED BY THE DEPARTMENT OF HEALTH, HOUSING, AND COMMUNITY

SERVICES
WHEREAS, Berkeley Municipal Code section 21.28, the Condominium Conversion Ordinance, allows property owners to subdivide rental properties under certain conditions; and
WHEREAS, the Department of Health, Housing, and Community Services provides staffing to implement the requirements of the Condominium Conversion Ordinance; and WHEREAS, Berkeley Municipal Code section 21.28.120 allows the City Council to set fees for the administration and implementation of the ordinance; and WHEREAS, Berkeley Resolution no. 67,981-N.S. allows City Council to set fees for the adoption of condominium conversion subordination fee schedule for services provided by the Department of Health, Housing, and Community Services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City adopts the Department of Health, Housing, and Community Services updated condominium conversion subordination fee schedule attached as Exhibit A, effective July 1, 2023.

BE IT FURTHER RESOLVED that the fee schedule will remain valid for a Department of Health, Housing, and Community Services successor agency, if any.

Exhibits
A: Condominium Conversion Subordination Proposed Rates Schedule Comparison

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May 23, 2023
Exhibit A: Condominium Conversion Subordination Proposed Rates Schedule Comparison
Comparison of Costs and Fees
Current cost of subordination request (FY
2023)
$399 per subordination request
Current Fee $364 per subordination request
Proposed FY 2024 fees $399 per subordination request
Percent Change of fee 9.8%

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May 23, 2023

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

INCREASE SUBORDINATION FEE FOR CONDOMINIUM

CONVERSION PROGRAM
The public may participate in this hearing by remote video or in-person.

The Department of Health, Housing, and Community Services is proposing to increase the condominium conversion subordination application rates.

Current Fees Proposed Fees
$364 $399
The hearing will be held on, MAY 23, 2023 at 6:00 p.m. in the School District Board Room, 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Mariela Herrick at 510-981-5224.

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

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May 23, 2023
Published: May 12 and May 19, 2023 – The Berkeley Voice Published pursuant to Government Code Section 6062a.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 11, 2023.

Mark Numainville, City Clerk

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RECOMMENDATION
Conduct a public hearing and upon conclusion adopt a Resolution to increase the annual $432 per unit fee for the Below Market Rate (BMR) housing monitoring program by $18 to $450 per unit.

FISCAL IMPACTS OF RECOMMENDATION
The annual monitoring fee of $432 per BMR unit was established in 2017. There has been no fee update since this time. Adjusting the fee will allow the Department of Health, Housing, and Community Services (HHCS) to capture staffing costs needed to efficiently implement and monitor the portfolio. This incremental fee increase will also prevent a future scenario where owners are faced with a significant increase as cost of services continue to grow.

A fee update is recommended given the staffing cost increases since 2017, as well as funding for additional staffing in HHCS to support the program. General increases in staffing costs over the past six years has increased the annual cost of monitoring the BMR unit portfolio to $271,909. The proposed fee increase will fund the staff necessary to support required monitoring and implementation of the program. The fee is representative of 2,087 hours of staff work per year, and includes the Community Development Project Coordinator (CDPC) who administers the BMR program, as well as administrative and supervisory support. Staff recommend increasing the fee to $450 per unit, which will cover an increased portion of the staffing costs necessary to ensure accurate program monitoring and implementation. Fees will increase by 4% and create an additional revenue of $18 per unit for FY 2024 to cover the current cost of delivering this service.

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Fee Increase: Below Market Rate (BMR) Housing Monitoring Program PUBLIC HEARING May 23, 2023

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Table 1. Fee per BMR Unit
Total Program
Costs*
FY 23 Fee
(current)
FY 23
Revenue
FY 24
Proposed Fee
FY 24
Revenue
Percent
Change
$271,909
per year
$432
per unit
$235,440 $450
per unit
$245,250 4%
*calculation based on salary for classifications at Step C + benefits The BMR portfolio currently consists of 545 units; which costs the City of Berkeley an estimated $271,909 to monitor annually. The current fee of $432 generates $235,440 annually creating a deficit to cover the costs to provide the service. The proposed new fee structure of $450 per BMR unit, will not exceed the costs of service and generate $245,250.

As outlined in Table 1, the proposed fee was calculated by applying the hourly staff time rate to the hours needed to complete each task. Fees will be collected in Fund 122 – BMR Program. The current rate schedule versus the new rate schedule is included as Exhibit A.

CURRENT SITUATION AND ITS EFFECTS
BMR units are deed-restricted, permanently affordable housing units provided in new multi-family rental housing projects. The units are part of market-rate housing projects that are not typically familiar with regulations for affordable housing. Retaining BMR units as affordable housing for eligible households requires consistent City oversight, including regular on-site monitoring visits and support for property managers.

In 2017, the City adopted Resolution 68,277-N.S. to fund HHCS staff time for BMR housing monitoring fees. The fees fund a dedicated CDPC. The FY 2024 proposed fee increase is recommended to account for increased staffing costs. Prior to adopting the fee in 2017, HHCS implemented program improvements to decrease staffing burden while maintaining a focus on compliance without a dedicated monitor. However, the City Council approved a new dedicated monitor in 2017 due to the BMR portfolio’s significant growth. The BMR portfolio’s continued growth has required HHCS to support the CDPC with additional staff time to ensure efficiency and compliance. The proposed fee increase reflects salary increases for the CDPC position, as well as salary costs for additional HHCS staff needed to support the program. The portfolio has increased by 25% since 2017 and HHCS needed to allocate additional positions to support the monitor’s increased workload.

Various neighboring cities charge for the preparation of BMR Housing monitoring programs. Irvine charges $25/unit/year, Santa Monica has a table of rates up to $181/unit/year and Dublin charges $1,293 /project/year (for projects 20 units or less).

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Fee Increase: Below Market Rate (BMR) Housing Monitoring Program PUBLIC HEARING May 23, 2023

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Emeryville has a $5,000 per project annual monitoring fee, but only charges it to projects where compliance is not readily forthcoming.

BACKGROUND
The annual monitoring fee supports HHCS’ monitoring of BMR units for compliance under BMR regulatory agreements. The BMR portfolio and monitoring requirements were created by regulations of the Inclusionary Housing Ordinance and Affordable Housing Mitigation Fee ordinance. The City adopted new affordable housing requirements for new residential housing development in February 2023 that will add an additional layer of monitoring requirements. City staff monitor the BMR units to ensure that they are made available to qualified households and operated within program requirements.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no immediate environmental effects associated with the adoption of this fee.

RATIONALE FOR RECOMMENDATION
The proposed fee increase reflects a portion of the general increase in staffing costs over the past six years. It also accounts for additional staff time from HHCS management and staff to support the monitor’s increased workload. The current fee revenue does not account for the increased staffing costs and additional allocated partial positions, despite the additional revenue gathered from new units added since the fee’s adoption. Adjusting the fee will allow HHCS to capture additional staffing costs needed to efficiently implement and monitor the portfolio.

ALTERNATIVE ACTIONS CONSIDERED
The City could continue to perform the tasks and charge the current fee at a deficit for costs of services. The gap would need to be covered by the General Fund.

CONTACT PERSON
Mariela Herrick, Community Development Project Coordinator, HHCS, (510) 981-5224 Attachments:
1: Resolution
Exhibit A: Below Market Rate Rental Housing Proposed Rates Schedule Comparison
2: Public Hearing Notice

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

ADOPTING AN UPDATED FEE SCHEDULE FOR THE BELOW MARKET RATE

HOUSING UNIT MONITORING SERVICES PROVIDED BY THE DEPARTMENT OF

HEALTH, HOUSING, AND COMMUNITY SERVICES
WHEREAS, the City of Berkeley’s Affordable Housing Requirements for new residential housing development (Berkeley Municipal Code Chapter 23.328) requires developers of market rate, multi-family housing to provide Below Market Rate (BMR) units; and
WHEREAS, the Affordable Housing Requirements Ordinance in BMC Chapter

23.328.050 allows the City Council to adopt by resolution fees to administer its requirements; and
WHEREAS, Berkeley Resolution No. 70,698-N.S. allows City Council to set fees for the adoption of Below Market Rate Rental Housing fee schedule for services provided by the Department of Health, Housing, and Community Services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City adopts the Department of Health, Housing, and Community Services’ updated Below Market Rate Rental Housing fee schedule attached as Exhibit A, effective July 1, 2023.

BE IT FURTHER RESOLVED that the fee schedule will remain valid for a Department of Health, Housing & Community Services successor agency, if any.

Exhibits
A: Below Market Rate Rental Housing Proposed Rates Schedule Comparison

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May 23, 2023
Exhibit A: Below Market Rate Rental Housing Proposed Rates Schedule Comparison Comparison of Costs and Fees
Current cost of BMR Rental Housing
Monitoring Program (FY 2023)
$271,909 per year
Current Fee $432 per unit
Proposed FY 2024 fees $ 450 per unit
Percent Change of fee 4%

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May 23, 2023

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

INCREASE FEE FOR BELOW MARKET RATE RENTAL HOUSING

PROGRAM
The public may participate in this hearing by remote video or in-person.

The Department of Health, Housing, and Community Services is proposing to increase the condominium conversion subordination application rates.

Current Fees Proposed Fees
$ 432 $ 450
The hearing will be held on, MAY 23, 2023 at 6:00 p.m. in the School District Board Room, 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Mariela Herrick at 510-981-5224.

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

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Mark Numainville, City Clerk

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Office of the City Manager

PUBLIC HEARING
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Selected Marina Fee Increases

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select Marina fees; and rescinding Resolution No. 68,899-N.S. and all amendatory resolutions.

FISCAL IMPACTS OF RECOMMENDATION
The cumulative impact of these fee increases is estimated to add $206,793 in annual revenue to the Marina Fund (Fund 608), which supports all Waterfront operations including the Marina, landscaping, facilities, parks, roads, recreation programs and special events. These fee increases are important in helping the City recover a greater share of the Marina’s operating costs. Marina Fund revenues can no longer cover operations, and in FY24 fund reserves will be exhausted, (see Table 1). Without fee increases, the Marina Fund will need nearly $1.3M to continue Waterfront operations. With fee increases, the Fund will need nearly $1.1M to continue to operate. Even with fee increases, there will continue to be an ongoing structural deficit of more than $1.4M.

Table 1 - Impact of Fee Increases on the Marina Fund
FY24 Without fee
increase
With fee
increase Change
Total Revenues $6,299,416 $6,506,209 $206,793
Total Expenditures $8,348,631 $8,348,631 $0
Deficit ($2,049,215) ($1,842,422) $206,793
Reserve Balance ($1,285,692) ($1,078,899) $206,793

CURRENT SITUATION AND ITS EFFECTS
The Marina Fee Schedule was last updated in May 2019, when Council adopted Resolution No. 68,899-N.S., which increased several Marina fees including visitor berth fees, launch ramp fees, and new fees for lost/unreturned parking permits, outdated or inadequate registration/documentation, and Waterfront Special Event fees. Since then, low berth occupancy rates have made it difficult to raise berth fees biannually, as the City has historically done. The loss of this consistent revenue source has been a key driver of the Marina Fund’s

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2 structural deficit. The proposed fee increases are needed to offset the rising costs for maintaining the Waterfront. Note that for all Waterfront fees, there is no distinction between resident and non-resident fees; that distinction is not permitted on public trust lands.

There are increases proposed for Berth Fees, Surcharges, as well as Skiff, Dry Storage, Liveaboard, Visitor Berths (11-30 nights), and Launch Ramp fees. Modifications to new slip holder incentive fees are proposed. One new fee is proposed for Abandoned Vessels. The proposed updates and modifications to Marina Fees are proposed and justified as follows:
 The Berth Fees are the monthly slip fees for slipholders with a permit to berth. The fee is proposed to increase by 3% for each of the next three years: a 3% increase in FY24, a 3% increase in FY25, and a 3% increase in FY26. This is to better recover operational costs, while staying competitive with the local market for slips. This fee has not increased since 2015, (see Tables 2 & 3).

Table 2 – Proposed Berth Fees
Size of Boat (in
feet)
Current
Berth Fees
($/ft)
FY24
Berth Fees
+3%
($/ft)
FY25
Berth Fees
+3%
($/ft)
FY26
Berth Fees
+3%
($/ft)
20' -21' $8.20 $8.45 $8.70 $8.96
22' -24' $8.67 $8.93 $9.20 $9.48
25' -29' $9.76 $10.05 $10.35 $10.66
30' -39' $10.34 $10.65 $10.97 $11.30
40' -49' $10.95 $11.28 $11.62 $11.97
50' -59' $11.61 $11.96 $12.32 $12.69
60' -69' $12.33 $12.70 $13.08 $13.47
70' -79' $13.04 $13.43 $13.83 $14.24 80' -89' $13.81 $14.22 $14.65 $15.09 90’+ $17.00 $17.51 $18.04

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3 Table 3 - Berth Fee Comparisons (shown for 30’ and 50’ length boats) Marina - 30' length boat Single Finger
San Francisco Marina Small Craft Harbor - West $18.62
Richardson Bay Marina (Sausalito) $14.50
Santa Cruz Harbor $13.87
Safe Harbor Emeryville $13.25
BRICKYARD COVE on the Boardwalk (Richmond) $12.75
Blu Harbor Marina (Redwood City) $12.67
Marina Village Yacht Harbor (Alameda) $12.40
Average $11.37
San Francisco Marina Small Craft Harbor -EAST $11.30
Median $11.30
City of Berkeley Proposed FY26 $11.30
Pillar Point Harbor (Half Moon Bay) $11.29
City of Berkeley Proposed FY25 $10.97
City of Berkeley Proposed FY24 $10.65
City of Berkeley Marina Current $10.34
Oyster Point Marina (South San Francisco) $9.27
Brisbane Marina $8.67
Vallejo Municipal Marina $8.36
Coyote Point Marina (San Mateo) $7.63
Martinez Marina -Almar Marinas $5.70
Marina - 50' length boat Double Finger
Blue Water Yacht Harbor (Sausalito) $32.90
Clipper Yacht Harbor (Sausalito) $26.72
Schoonmaker Point Marina (Sausalito) $24.00
San Francisco Marina Small Craft Harbor - West $23.09
South Beach Harbor (San Francisco) $20.68
Marina Village Yacht Harbor (Alameda) $16.68
Average $15.55
Santa Cruz Harbor $15.27
Oakland Marinas $12.98-$16
Safe Harbor Ballena Isle (Alameda) $14.22
City of Berkeley Proposed FY26 $13.96
Treasure Island Marina $13.90
Oakland Yacht Club $13.80
BRICKYARD COVE on the Boardwalk (Richmond) $13.75
Emery Cove Yacht Harbor (Emeryville) $13.75

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4 Marina - 50' length boat Double Finger
Median $13.75
Safe Harbor Marina Bay Yacht Harbor (Richmond) $13.55
City of Berkeley Proposed FY25 $13.55
City of Berkeley Proposed FY24 $13.16
Safe Harbor Loch Lomond (San Rafael) $13.00
Grand Marina (Alameda) $12.87
City of Berkeley Marina Current $12.77
Westpoint Harbor (Redwood City) $12.75
Richmond Yacht Club $10.82
Vallejo Municipal Marina $10.27
Oyster Point Marina (South San Francisco) $9.92
Brisbane Marina $9.52
Lowrie Yacht Harbor (San Rafael) $9.00
 The Skiff <20’ length fee, is a monthly slip fee for small vessels less than 20’ who can utilize dock areas with no power, water, or dockbox. This is proposed to increase from $125/month to $140/month. This fee has not been increased since 2018, and is expected to help offset the costs of maintenance and management of the Marina. This fee is lower than local Marinas, (see Table 4).

Table 4 – Skiff <20’ length fee comparisons
Marina Rate Notes
Safe Harbor Marina Bay Yacht
Harbor (Richmond)
$287.85/month $15.15 Per foot rate for 19’
Safe Harbor Ballena Isle
(Alameda)
$249/month
Safe Harbor Emeryville
(Emeryville)
$247.95/month $13.05 Per foot rate for 19’
Coyote Point Marina (San
Mateo)
$159/month
Brisbane Marina (Brisbane) $145.73/month $7.67 Per foot rate for 19’ Berkeley (Proposed) $140/month
Berkeley (Current) $125/month
 Surcharges are applied to the base Berth Fee in order to appropriately charge for premium locations. This includes “upwind”, “single slip” and Catamaran/Trimaran fees.

End Ties are not included on this list of surcharges, despite being a desirable premium location. The proposed fee will add End Ties to the Catamaran/ Trimaran surcharge of 20%, meaning that any End Tie (whether it is occupied by a Catamaran or not) will be charged the 20% surcharge, (see Table 5).

Note: In 2019, a typo was made in the fee schedule that showed the surcharges at 15%- 40% above the base rate. The surcharges should remain at 10% for upwind berths or for single berths, and 20% for Upwind & Single Berths and also 20% for Catamaran/ Trimaran Fees; this correction has been made in the attached fee schedule.

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5 Table 5 – End tie fee comparisons
Marina Rate Notes
South Beach Harbor (San
Francisco)
$22.30/ft for end ties, used for large vessels About 7.8% increase for 50’
Westpoint Harbor (Redwood
City)
$22.00/ft for end ties About 107% increase for 30’, 72.5% for 50’ Oakland Yacht Club $15.80/ft for all size end ties. About 71% increase for 30’, 14% for 50’ Marina Bay Yacht Harbor
(Richmond)
$15.15/ft for all size end ties. About 27% increase for 30’, 11% for 50’ Loch Lomond Marina (San
Rafael)
$15/ft for all size end ties. About 36% increase for 30’, 15% for 50’ Berkeley (Proposed) $12.78/ft for 30’
$14.35 for 50’
20% increase from current rate
Berkeley (Current) $10.34/ft for 30’
$11.61/ft for 50’
 Incentive: Referral Discount
Incentive fees are currently in place in the form of a $50 referral discount at the Berkeley Marina. With this existing discount, an existing monthly slip holder can refer a friend to join the Berkeley Marina as a new monthly slip holder and both will receive a one-time $50 discount off the next month of slip fees. We have averaged 14 referrals per year.

This fee update will raise the referral discount to a one-time discount of $250 for both the new and referring customers. The incentive is expected to serve a public purpose by increasing occupancy, and raising revenue to better maintain the Marina and expand its use as a recreational amenity. Existing customers will be limited to two referrals per year. New customers will be limited to one discount as a new customer, and two per year as referring customers once they join the Marina.
 Incentive: New Customer Discount
A new incentive discount is proposed in addition to the referral fee in order to attract new customers to the Marina. This is a one-time discount of two months free in December and January, along with a one-time $75 gift card to a Berkeley Waterfront business. This incentive will make it worth the effort for a new customer to relocate to our Marina, or for a new boater to sign up with us instead of a competitor. The Marina Fund will break even on the new slip holder incentive discount within three months, and will generate new revenue in slip fees for every new customer attracted. As an example, a 30-foot boat would pay $3,834 in basic slip fees over the course of one year in FY24. This incentive discount for a new customer with a 30-foot boat would reduce Marina revenue by $639 in discounted slip fees, and would cost $75 in gift cards, equivalent to a 19% reduction in revenue for the initial year. However, it attracts new slipholders to the Marina who may not have otherwise come; and provides a source for sustained revenue in the future. The incentive also links new Marina customers with our Waterfront businesses.  Dry Storage (22’ length or less), Dry Storage (23’-27’ length), Dry Storage (28’-40’ length), & Dry Storage (40’ or greater length) fees are the monthly fees for a secured parking spot for a boat on a trailer. This fee is broken down in two size groups; 27’ or less and 28’ or more. Dry Storage sizes range from 18’ to 40’. The proposed fee change breaks down the 22-foot range of sizes into four groups instead of two, for greater consistency with other Marinas. The proposed fees will increase the rates to levels that

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6 are more comparable with the limited local dry storage locations, while still providing a good price for our customers. Our Dry Storage fees are unique in that they include access to the launch ramp which is on site and adjacent to the dry storage area. Dry storage occupancy is at 100% and has a long waiting list indicating that the market will support the proposed price increase. This fee has not been increased since 2018, and is expected to help offset the costs of maintenance and management of the Marina. This fee is lower than local Marinas, (see Table 6).

Table 6 – Dry Storage fee comparisons
Marina Monthly Rate Notes
Mariners Square Drystack
(Alameda)
 $375 Valet service, 4 launches
per month on site.

Clipper Yacht Harbor (Sausalito)  22’ length or less: $218  23’-27’: $308
 28’-40’: $308
 40’ or greater: $308
Launch Ramp on site,
access included with fee.

Alameda Point Storage (Alameda)  20’ length or less: $200  21’-30’: $315
.5 mile from launch ramp
Berkeley Marina (Proposed)  22’ length or less: $200
 23’-27’: $220
 28’-40’: $240
 40’ or greater: $280
Launch Ramp on site,
access included with fee.

Berkeley Marina (Current)  27’ length or less: $125
 28’ length or greater: $150
 Liveaboard Fee – boat (monthly) and Liveaboard Fee – floating home (monthly) are applied to our permits for cruising vessels used as a residence, and thirteen floating homes in the Berkeley Marina. This fee is proposed to increase from $200/month to $220/month. This liveaboard fee increase is in place to offset staff costs of administrating this permit, including the Liveaboard waiting list and annual inspections.

The fee also offsets the additional usage of Marina facilities for that of a full-time resident at an otherwise recreational facility. This fee has not been increased since 2017, (see Table 7).

Table 7 – Liveaboard fee comparisons
Marina Rate Source
Westpoint Harbor (Redwood
City)
$425/month 2023 Bay Area Marina Survey
Safe Harbor Emeryville
Marina
$400/month 2023 Bay Area Marina Survey
Emery Cove Marina
(Emeryville)
$400/month 2023 Bay Area Marina Survey
Safe Harbor Marina Bay
Yacht Harbor (Richmond)
$275/month 2023 Bay Area Marina Survey
Berkeley (proposed) $220/month
Berkeley (current) $200/month

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7  Visitor Berth Fees (11-30 nights) are applied to visiting boaters who are staying longer than 10 nights, but no longer than a month and are not applying for a permit to berth.

This proposed fee increase will change the current way the rate is calculated from 20% of base berth rent to a per foot/per night rate to Visitor Berth Fees (11-30 nights) up to 29’: $0.50/ft/night, Visitor Berth Fees (11-30 nights) 30’-49’: $0.60/ft/night, and Visitor Berth Fees (11-30 nights) 50’ and greater: $0.70/ft/night. This fee was last increased in 2018.

The proposed fee change will reduce the administrative burden of having to calculate the surcharges for larger vessels, upwind, or single slips for a short-term transaction.

Visitors are usually placed in slips that are convenient and least disruptive to operations, which could mean larger slips or slips with premium surcharges. The proposed fee change will make it fairer to the customer to be charged a flat rate per length of boat.

Table 8 – Visitor Berth Fees
Marina Rate
Santa Cruz $2.00/ft over 2 weeks
Safe Harbor Emeryville $1.08/ft/night weekly
$.75/ft/night monthly
Berkeley (Current) Current Rate: 20% of base berth rent 29’: $.45/ft/night
40’: $.52/ft/night
60’: $.59/ft/night
Berkeley (Proposed) Visitor Berth Fees (11-30 nights) up to 29’: $0.50/ft/night Visitor Berth Fees (11-30 nights) 30’-49’: $0.60/ft/night Visitor Berth Fees (11-30 nights) 50’ and greater: $0.70/ft/night  The launch ramp fees, charged for access to the Berkeley Marina Boat Launch Ramp and parking lot, are proposed to increase from $16 to $17/day; from $95 to $105/month; and $310 to $350 for a seasonal pass. This fee has not been increased since 2019, and is expected to help offset the costs of maintenance and management of the Launch Ramp facilities. This fee is consistent with local Marinas, (see Table 8).

Table 8 – Launch ramp fee comparisons
Marina Rate Notes
Loch Lomond Marina (San Rafael) $20/launch $500 annual pass Santa Cruz Harbor $18/launch
Marina Bay Yacht Harbor
(Richmond)
$17/launch
Berkeley (Proposed) $17/day $105/month, $350/seasonal
Berkeley (Current) $16/day $95/month $310/seasonal
Oyster Point Marina (San Mateo) $13/launch $213/year
Coyote Point (San Mateo) $12/launch

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8  A new fee for Abandoned Vessels of $1,000 is proposed, to be charged to boat owners who abandon their vessels in the Berkeley Marina if their vessel does not sell in a lien sale and has to be destroyed. This process is partially paid for by a grant from the State of California Division of Boating & Waterways. This fee is a requirement of the State of California Harbors and Navigation Code, HNC § 525.

BACKGROUND
The Marina Fund covers all Waterfront operations including the Marina, landscaping, facilities, parks, roads, recreation programs and special events. Specific examples include the daily maintenance of over 1,000 berths, repairs to docks, pilings and buildings, staffing in Shorebird Nature Center and Adventure playground and the daily administration of what essentially is a “small city”. These costs are paid via revenues from berth fees, special fees, and commercial leases and licenses. Berth fees comprise 54% of all Marina Fund revenue, while all other Marina fees combined comprise approximately 11% of Marina Fund revenue.

The proposed fees were brought before the Parks, Recreation & Waterfront Commission on May 10, 2023 at their regular meeting.

ENVIRONMENTAL SUSTAINABILITY
The proposed fee increases will improve the City’s ability to manage and operate the Berkeley Waterfront, where the City provides unique recreational and educational opportunities for the community to engage with and learn about the Bay and local marine environment.

CONTACT PERSON
Scott Ferris, Director, 510-981-6700
Christina Erickson, Deputy Director, 510-981-6703
Alexandra Endress, Waterfront Manager, 510-981-6737
Attachments:

1. Waterfront Fees: Current vs. Proposed

2. Resolution
Exhibit A: Fee Schedule

3. Notice of Public Hearing

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9 ATTACHMENT 1
Waterfront Fees: Current vs. Proposed
Fee Current Proposed Notes:

1. Berth Fees Berth Fee per
size of boat
(in feet)
Berths
$/ft
20’
– 21’ $8.20
22’
– 24’ $8.67
25’ – 29’ $9.76
30’ – 39’ $10.34
40’ – 49’ $10.95
50’ – 59’ $11.61
60’ – 69’ $12.33
70’ – 79’ $13.04
80’ – 89’ $13.81
Berths
3%
Berths
3%
Berths
3%
Berth Fee
per size
of boat
(in feet)
$/ft
FY24
$/ft
FY25
$/ft
FY26
20’
– 21’ $8.45 $8.70 $8.96
22’ – 24’ $8.93 $9.20 $9.48
25’ – 29’ $10.05 $10.35 $10.66
30’ – 39’ $10.65 $10.97 $11.30
40’ – 49’ $11.28 $11.62 $11.97
50’ – 59’ $11.96 $12.32 $12.69
60’ – 69’ $12.70 $13.08 $13.47
70’ – 79’ $13.43 $13.83 $14.24
80’ – 89’ $14.22 $14.65 $15.09
90’ + $17.00 $17.51 $18.04
Last increased
2015

2. Skiff <20’
length
$125/month $140/month Last increased
2018

3. Surcharges Surcharges Base Rate Per
Foot
Upwind
Berth*
10% added to
the base rate
Single Berth
(Double
Finger
Berth)
10% added to
the base rate
Upwind &
Singl
e Berth
20% added to
the base rate
Catamaran/
Trimaran
Fees
20% added to
the base rate
Surcharges Base Rate Per Foot
Upwind Berth* 10% added to the base
rate
Single Berth
(Double Finger
Berth)
10% added to the base
rate
Upwind & Single
Berth
20% added to the base
rate
Catamaran/
Trimaran/ or End
Tie Fees
20% added to the base
rate
Last adjusted in
2019

4. Referral
Discount for
New Slip
Holders
-$50 on first month of berth fees -$250 on first month of berth fees Introduced in 2018

5. New
Customer
Discount
No slip fees December &
January plus $75 gift card
New Fee

6. Dry Storage Dry Storage (27’ length or less):
$125/month
Dry Storage (22’ length or less): $200/month
Dry Storage (23’-27’ length): $220/month
Dry Storage (28’-40’ length): $240/month
Last increased
in 2018

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10 Fee Current Proposed Notes:

Dry Storage (28’ length or more:
$150/month
Dry Storage (40’ or greater length):
$280/month

7. Liveaboard
Fee
$200/month $220/month Last increased
in 2017

8. Visitor Berth
Fees (11-30
nights)
20% of base berth rent Visitor Berth Fees (11-30 nights) up to 29’:
$0.50/ft/night
Visitor Berth Fees (11-30 nights) 30’-49’:
$0.60/ft/night
Visitor Berth Fees (11-30 nights) 50’ and
greater: $0.70/ft/night
Last increased
in 2018

9. Launch
Ramp Fees
$16/daily $95/monthly
$310/seasonal
$17/daily $105/monthly $350/seasonal Last increased
in 2019

10. Abandoned
Vessel Fee
$1,000 New Fee

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11 ATTACHMENT 2
RESOLUTION NO. ##,###-N.S.

ESTABLISHING FEES FOR GOODS AND SERVICES PROVIDED AT THE BERKELEY MARINA AND RESCINDING RESOLUTION NO. 68,899-N.S.

WHEREAS, on May 14, 2019, Council adopted the new Marina Fee Schedule (Resolution No. 68,899-N.S.); and
WHEREAS, the City’s costs to operate facilities, provide services and undertake capital improvements at the Berkeley Marina have increased with inflation, rising staff costs, and an aging infrastructure; and
WHEREAS, increased fees are required to offset those costs; and WHEREAS, referral and new customer incentives are needed to increase occupancy at the Marina, and this serves a public purpose by attracting new revenue to offset the costs of maintaining the Marina area.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the attached rate structure (Exhibit A) is hereby established for use by the general public for facilities and services at the Berkeley Marina, effective July 1, 2023.

BE IT FURTHER RESOLVED that Resolution No. 68,899-N.S. and all amendatory resolutions are hereby rescinded effective July 1, 2023.

Exhibit A: Fee Schedule

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12 Exhibit A: Fee Schedule
Marina Rate Schedule
(effective July 1, 2023)
Berth Fee per size of boat (in feet) Berths
$/ft
Power
$/ft
20’ – 21’ 8.45 0
22’ – 24’ 8.93 0.20
25’ – 29’ 10.05 0.40
30’ – 39’ 10.65 0.60
40’ – 49’ 11.28 0.80
50’ – 59’ 11.96 1.00
60’ – 69’ 12.70 1.20
70’ – 79’ 13.43 1.40
80’ – 89’ 14.22 1.60
90’ + 17.00 1.60
Discounts Base Rate Per Foot
Multiple Berth Discount > 20 -30% off Base Berth Rent
Multiple Berth Discount 11-20 -20% off Base Berth Rent
Multiple Berth Discount 5-10 -10% off Base Berth Rent
Incentive: Referral Discount ** -$250 on first month of berth fees Incentive: New Slip Holders*** - 100% off of monthly slip fees for the first December and January
New Customer Discount No slip fees December & January
plus $75 gift card
Other Fees Amount
Abandoned Vessel Fee $1000
Chaining Fee (per occurrence) $120/occurrence
Charter Boat Fee $35/event + $1/person
Dry Storage (22’ length or less) $200/month
Dry Storage (23-27’ length) $220/month
Dry Storage (28-40’ length) $240/month
Dry Storage (40’ length or more) $280/month
Electronic key pass (initial 1-2 keys) $15/key
Electronic key pass (additional keys) $75/key
Group key fee (Organizations) $15/key
Floating Home Sewer Charge – monthly $25/month
Food Booth Fee $500/event
Impound Fee $55/day
Insurance – Outdated / Inadequate $75/month
Labor Fees $75/hour
Launch Ramp – Monthly $105/month
Surcharges Base Rate Per Foot
Upwind Berth* 10% added to the base rate
Single Berth (Double Finger Berth) 10% added to the base rate Upwind & Single Berth 20% added to the base rate
Catamaran/ Trimaran/ or End Tie Fees 20% added to the base rate

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13 Other Fees Amount
Launch Ramp – Seasonal $350 per 6-month period
Launch Ramp – Daily $17/day
Lien Fee $100/occurrence
Limited Access Berth Vessel Length x Rate
Liveaboard Fee – boat (monthly) ++ $220/month
Liveaboard Fee – floating home (monthly) ++ $220/month
Locker Fee $30/month
Merchandise Booth Fee $100/event
Registration/Documentation – Outdated/Inadequate $75/month Skiff <20’ length $140/month
Slip Transfer Fee $30/occurrence
Small Scale Ferry Service Fee See table below
Visitor Berth Fees (11 – 30 nights) up to 29’ $.50/ft/night Visitor Berth Fees (11 – 30 nights) 30’-49’ $.60/ft/night Visitor Berth Fees (11 – 30 nights) 50’ or more $.70/ft/night Visitor Berth Fees (10 nights or less) $1/foot/night
Waterfront Special Event Fees See table below.
*Houseboats excepted
**Fee credit offered on first month of slip fees to both a new slip holder (that has not previously held a slip at the Berkeley Marina) and an existing customer who made the referral. ***One time 100% off of the first December and January monthly slip fees for a new slip holder (that has not held a slip at the Berkeley Marina in the past 5 years), redeemable after 3 months of monthly berth fees paid on time and in full.
++ Boaters may apply for a refund of any Liveaboard fee increase that takes effect from FY 2016 onward through the City’s Very Low Income Refund policy.

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14 Small-Scale Ferry Service Fee
Landings
Per Day
Daily Landing
Fee Landings
per Day
Daily Landing
Fee
1 $14.34 11 $68.83
2 $25.80 12 $70.27
3 $35.84 13 $71.70
4 $44.44 14 $73.15
5 $51.61 15 $74.58
6 $57.35 16 $76.02
7 $61.65 17 $77.46
8 $64.52 18 $78.89
9 $65.96 19 $80.33
10 $67.40 20 $81.77
For each additional SSFS landing in excess of 20 landings, the daily landing fee would increase by $2.88.

Waterfront Special Event Fees
Venue Fee
- 1-99 attendees $350/day
- 100-249 attendees $500/day
- 250-499 attendees $700/day
- 500-999 attendees $1,000/day
- 1000-4999 attendees $5,000/day
- 5000-9999 attendees $10,000/day
- 10,000-14,999 attendees $15,000/day
- Over 15,000 attendees $20,000/day
Additional fees
- Road closure request $500
- Road closure $2,000
- Participant fee (for event w/alcohol) $5/person or $1000/day* - Exclusive Use Parking $10/space/day
- Attended Parking
$20/vehicle less than 17’;
$50/vehicle for vehicles and
trailers in excess of 17’
- Concession Fee
10% of gross sales including ticket
sales
- Event clean up deposit $1,000
Pass-Through Costs
- Operations staff to plan & monitor event
- Parking attendants
- Parks staff to prepare site, inspect after event, and make any necessary repairs
- Custodial staff
- Signage, rentals, equipment, green waste, and other
goods or services required for the event.

Actual costs
*Whichever is higher.

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15 ATTACHMENT 3

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
Marina Fee Increases
The public may participate in this hearing by remote video or in-person.

The Department of Parks, Recreation & Waterfront is proposing to increase selected Marina fees, as contained in the attached Marina Fee Schedule and summarized below:

Table 1 - Current vs. Proposed Fees
Fee Current Proposed Notes:

1. Berth Fee Berth Fee
per size of
boat (in feet)
Berths
$/ft
20’ – 21’ $8.20
22’ – 24’ $8.67
25’ – 29’ $9.76
30’
– 39’ $10.34
40’ – 49’ $10.95
50’ – 59’ $11.61
60’ – 69’ $12.33
70’ – 79’ $13.04
80’ – 89’ $13.81
Berths
3%
Berths
3%
Berths
3%
Berth Fee
per size
of boat
(in feet)
$/ft
FY24
$/ft
FY25
$/ft
FY26
20’ – 21’ $8.45 $8.70 $8.96
22’ – 24’ $8.93 $9.20 $9.48
25’ – 29’ $10.05 $10.35 $10.66
30’ – 39’ $10.65 $10.97 $11.30
40’ – 49’ $11.28 $11.62 $11.97
50’ – 59’ $11.96 $12.32 $12.69
60’ – 69’ $12.70 $13.08 $13.47
70’ – 79’ $13.43 $13.83 $14.24
80’ – 89’ $14.22 $14.65 $15.09
90’
+ $17.00 $17.51 $18.04
Last increased
2015

2. Skiff <20’
length
$125/month $140/month Last increased
2018

3. Surcharges Surcharges Base Rate Per
Foot
Upwind
Berth*
10% added to
the base rate
Single Berth 10% added to
Surcharges Base Rate Per Foot
Upwind Berth* 10% added to the base
rate
Single Berth
(Doub
le Finger
10% added to the base
rate
Last adjusted in
2019

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16 (Double
Finger
Berth)
the base rate
Upwind &
Single Berth
20% added to
the base rate
Catamaran/
Trimaran
Fees
20% added to
the base rate
Berth)
Upwind & Single
Berth
20% added to the base
rate
Catamaran/
Trimaran/ or End
Tie Fees
20% added to the base
rate

4. Referral
Discount for
New Slip
Holders
-$50 on first month of berth fees -$250 on first month of berth fees Introduced in 2018

5. New
Customer
Discount
No slip fees December &
January plus $75 gift card
New Fee

6. Dry Storage Dry Storage (27’ length or less):
$125/month
Dry Storage (28’ length or more:
$150/month
Dry Storage (22’ length or less): $200/month
Dry Storage (23’-27’ length): $220/month
Dry Storage (28’-40’ length): $240/month
Dry Storage (40’ or greater length):
$280/month
Last increased
in 2018

7. Liveaboard
Fee
$200/month $220/month Last increased
in 2017

9. Launch
Ramp Fees
$16/daily $95/monthly
$310/seasonal
$17/daily $105/monthly $350/seasonal Last increased
in 2019

10. Abandoned
Vessel Fee
$1,000 New Fee
The hearing will be held May 23, 2023. in the School District Board Room, 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Alexandra Endress at 510-981-6737.

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

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

If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

Published: May 12 and May 19, 2023 – The Berkeley Voice Published pursuant to Government Code 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 11, 2023.
__________________________________
Mark Numainville, City Clerk

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PUBLIC HEARING
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation and Waterfront Subject: Changes to Selected Parks and Recreation Fees

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select parks and recreation facility rentals; and rescinding Resolution No. 70,667-N.S. and all amendatory resolutions.

FISCAL IMPACTS OF RECOMMENDATION
The proposed new fees and fee increases are estimated to provide an additional $55,398 in revenue to the Parks and Marina Funds to offset the costs for service and maintenance of these reservable picnic sites and outdoor gathering spaces in the City parks, (see Table 1). Revenue from these fees will be deposited into the appropriate fund as noted below.

Table 1 - Summary of Estimated Annual Increase in Revenue Fee Parks Tax
(450)
Marina Fund
(825) Total
Mini Amphitheater (Outdoor Venue) $1,800 $1,000 $2,800
Picnic Area Rentals $45,118 $1,800 $46,918
John Hinkel Amphitheater $4,120 $4,120
Bounce House Fee $1,560 $1,560
Total $52,598 $2,800 $55,398

CURRENT SITUATION AND ITS EFFECTS
The City periodically reviews all recreation fees in an effort to keep programs and facilities accessible to residents while accounting for increased costs to deliver those services. Fees proposed here – for picnic area rentals, bounce house permits, and John Hinkel amphitheater rentals – were last increased in May 2017 and May 2018, when Council adopted Resolutions No. 67,984-N.S. and 68,450- N.S. Since then, demand for reservable picnic sites and outdoor rentals has increased, along with costs to maintain and service those sites. An increase in fees is needed to offset those costs of the existing rentals and the addition of new outdoor rental sites.

The proposed fees cover existing and new reservable picnic sites, outdoor reservable assembly spaces, including mini-amphitheaters and small event venues, and permits for

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Changes to Selected Parks and Recreation Fees

PUBLIC HEARING
May 23, 2023
2 bounce houses in City parks. Non-resident fees are set 20% higher than resident fees, with the exception of sites at the Waterfront, as a distinction between resident and non-resident fees is not permitted on public trust lands.

Picnic Sites
A 10% increase is proposed for reservable picnic sites, (see Table 2). New fees are proposed for nine new reservable picnic sites at levels similar to existing sites based on number of tables, amenities and location. These fees are needed to offset the cost of increased maintenance of park areas and facilities, and the increased costs of cleaning and restocking restrooms. Even with the fee increases, Berkeley’s costs for reservable picnic areas remain lower than neighboring communities, (see Attachment 2, Table 1).

Table 2 – Proposed reservable picnic area fees (new sites are shaded) Picnic Areas
(4-hour minimum)
Unit of
Measure Resident
Resident
Proposed 10%
increase
#Tables Max
Capacity
Aquatic Park Area 1 4-hours $45.00 $50.00 3 50
Aquatic Park Area 2
(inside Dreamland without grill) 4-hours N/A $54.00 3 50 Cedar Rose Area 1 4-hours $30.00 $33.00 2 40
Cedar Rose Area 2 4-hours N/A $36.00 2 40
Cesar Chavez Area 1 4-hours $45.00 $50.00 3 50
Cesar Chavez Area 2 4-hours $200.00 $220.00 10 200
Cesar Chavez: Area 3 4-hours N/A $70.00 2 50
Codornices Park Area 1 4-hours $75.00 $83.00 5 80
Codornices Park Area 2 4-hours $60.00 $66.00 4 70
Codornices Park Area 4 4-hours N/A $50.00 2 50
Cragmont Area 1 4-hours $45.00 $50.00 2 45
Glendale La Loma Area 1 4-hours N/A $40.00 2 40
Grove Area 1 4-hours $30.00 $33.00 2 30
James Kenney Area 1 4-hours $45.00 $50.00 2 45
James Kenney Area 2 4-hours N/A $50.00 2 45
John Hinkel Area 1 4-hours N/A $40.00 2 45
King School Area 1 4-hours $30.00 $33.00 2 45
Live Oak Park 1 4-hours $60.00 $66.00 6 80
Live Oak Park 2 4-hours $60.00 $66.00 4 70
Ohlone Park @ McGee Area 1 4-hours $45.00 $50.00 2 45
San Pablo Park Area 1 4-hours $30.00 $33.00 2 30
San Pablo Park Area 2 4-hours N/A $33.00 2 30
San Pablo Park Area 3 4-hours N/A $33.00 2 30
Strawberry Creek Area 1 4-hours $30.00 $33.00 3 50

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Changes to Selected Parks and Recreation Fees

PUBLIC HEARING
May 23, 2023
3 Outdoor Assembly Spaces
The community has expressed a need for outdoor space to gather for meetings, classrooms, and events. PRW proposes three new reservable Mini Amphitheater/ Outdoor Meeting Spaces and Small Wedding/Event Venues, described below.

The
rental duration will be set in 4-hour time blocks like picnic sites. The rental fees will be for non-exclusive use of parks and open space and are needed to cover the cost of increased maintenance of park areas and facilities, in addition to increased costs of cleaning and restocking restrooms.

Table 3 – Proposed new reservable outdoor assembly spaces Location Unit of
Measure
Maximum
Capacity Resident
Codornices Park #A1 (Next to Picnic Site #2) 4-hours 25-30 $40.00 Live Oak Park #A1 4-hours 25-30 $50.00
Shorebird Park #A1 (near Nature Center/Playground) 4-hours 30-50 $50.00 John Hinkel Amphitheatre
Fees for John Hinkel Amphitheater, which seats up to 200 people and can be reserved for $120 per day ($15 per hour), are low compared to surrounding venues, (see Attachment 2, Table 2).

For example, the Berkeley Botanical Gardens Redwood Grove Amphitheater seats 200 persons and charges an average of $2,000 per hour for Friday through Sunday reservations.

Fee changes for John Hinkel Amphitheater include shifting from a “Daily Rate” of $120 to a “4- Hour” time block rate of $200, with $75 for each additional hour after the 4-hour time block; and increasing the refundable Cleaning/Damage Deposit from $350 to $500 per rental. This fee is needed to offset the cost of increased maintenance of the Amphitheater and facilities, in addition to increased costs of cleaning and restocking restrooms. Changing the rate from a full- day to a 4-hour block will provide more community access to this space.

Table 4 – Proposed fees for John Hinkel Amphitheater
John Hinkel Amphitheater Current
Unit of
Measure
Resident
Fee
Proposed
Unit of
Measure
Proposed
Fee
Rental Fee Day
(8-hours) $120 4-Hours $200
Each Additional Hour
(after 4-hours) - - Hour $75
Cleaning/Damage Deposit
(refundable) Rental $350 Rental $500
Bounce House Permits
Bounce house permits are issued in an effort to reduce injuries and liability of inflatable play structures in the City parks. The fee for bounce house permits is proposed to increase from $20

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Changes to Selected Parks and Recreation Fees

PUBLIC HEARING
May 23, 2023
4 to $30 per use. The increase is needed to offset the cost of staff to verify insurance, monitor reservations, and address damage to turf that occurs with bounce house wear and tear.

BACKGROUND
Overall, recreation fees cover approximately 30% of recreation program costs. Berkeley's recreation programs and facilities are primarily supported by the General Fund, Parks Tax Fund, and the Marina Fund. A small amount of recreation revenue supports the Parks Tax and Marina Funds, to offset the costs of supporting picnic, park events, and rentals in City parks.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

CONTACT PERSON
Scott Ferris, Director, Parks Recreation and Waterfront (PRW), 510-981-6700 Christina Erickson, Deputy Director, PRW, 510-981-6703
Stephanie Chu, Youth and Recreation Services Manager, PRW, 510-981-6707 Attachments:

1. Recreation Fees: Current vs. Proposed

2. Fee Comparisons

3. Resolution
Exhibit A: Fee Schedule

4. Notice of Public Hearing

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
5 ATTACHMENT 1
Recreation Fee Schedule: Current vs. Proposed*
*New fees or changes to existing fees are highlighted in yellow.

Exhibit A:

Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
I. DIRECTOR'S AUTHORITY TO

IMPLEMENT NEW FEES

The Director of Parks Recreation and
Waterfront, or his/her designee,
reserves the right to establish fees for
new Recreation programs based on
comparison with other municipalities.

Various Various Up to $350
II. FACILITY RENTAL CHARGES

1. Room Rentals - Regular Hours (1
hour minimum); Non-Regular Hours
(2 hour minimum)

James Kenney (JK) Live Oak (LO)
Frances Albrier (FA), Martin Luther King
(MLK)

A. Youth, Senior, Disabled
Regular Hours Hour $41.00
Non-Regular Hours Hour $61.00
B. All Other
Auditorium (FA) & Social Hall (LO)
Regular Hours Hour $67.00
Non-Regular Hours Hour $82.00
Fireside Room (LO), Community
Room (JK)

Regular Hours Hour $52.00
Non-Regular Hours Hour $67.00
Game Room (FA, MLK) Arts & Crafts
Room (FA, JK, LO) Meeting Room
(JK, LO, MLK)

Regular Hours Hour $46.00
Non-Regular Hours Hour $62.00
C. Multi Room Discount
2nd room Rental 25%
discount

3rd room, each additional room Rental 50%
discount

D. Gym Rentals (JK, MLK)
Regular Hours Hour $64.00 $77.00
Non-Regular Hours $75.00 $90.00
E. Filming Fee
Parks and Facilities ½Day $400.00 $400.00
Full Day $800.00 $800.00
F. Surcharges
Table & Chair Set-Up Rental $63.00 $76.00

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
6 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Kitchen Use Rental $86.00 $103.00
Small Storage Room Month $21.00 $25.00
Large Storage Room Month $31.00 $37.00
Stage Use w/Room Rental Hour $26.00 $31.00
P/A system & staff operation Hour $42.00 $50.00
Cleaning/Damage Deposit All Rentals
(Refundable)
Rental $200.00 $200.00

2. City Athletic Fields
Cedar Rose, Codornices, Glendale -
La Loma, Grove, James Kenney,
Ohlone, San Pablo, Willard, Rosa
Parks, Thousand Oaks

Youth non-profit leagues 2-Hours $36.00 $43.00
Adults, for-profits, private schools 2-Hours $72.00 $86.00 Maintenance Deposit 40% of fee 40% of fee
Gabe's Fields at Harrison Park,
Natural Turf
Youth non-profit leagues 2-Hours $29.00 $35.00
Adults, for-profits, private schools 2-Hours $72.00 $86.00 Gilman Fields, Natural Turf
Youth non-profit leagues 2-Hours $29.00 $35.00
Adults, for-profits, private schools 2-Hours $72.00 $96.00 Gilman Fields, Synthetic Turf
Youth non-profit leagues 2-Hours $40.00 $48.00
Adults, for-profits, private schools 2-Hours $91.00 $109.00 Sports Field User Fines (Policy
Violations: Applicable to All Athletic
Fields)

Playing on Closed Grass Fields 1st Offense $250.00 $250.00 2nd Offense $500.00 $500.00
Running practices in main goal areas 1st Offense
within 12
months
$50.00

$50.00
2nd Offense
within 12 mo
$100.00 $100.00
3rd Offense
within 12 mo
$200.00 $200.00
Dogs, Alcohol, Trash, Wheeled vehicles Incident $100.00 $100.00 Field Monitor Hourly $25.00 $25.00
Additional Rules (Applicable to all
athletic fields)
Weekday slots used before 3:30pm
throughout the year are discounted
50%

Weekday slots 5:30pm-7:00pm are
charged as full two-hour slot
All other slots are pro-rated in 30 minute
increments

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
7 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)

3. Skate Park Rental (only available
AM hours)
A. Morning Hours (includes 2 staff
members) Hour $250.00 $300.00
B. Birthday Party (includes 2 staff
members & lesson) Hour $350.00 $420.00
Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00

4. Tennis Courts
A. Day Use (All Courts): Cedar Rose,
Grove, James Kenney, Live Oak,
Rose Garden, Roy Oakes, San Pablo,
Strawberry Creek, Willard

Adult Hour $7.00 $8.00
Youth, Senior, Disabled Hour $5.00 $6.00
B. Night Use/Lighted Courts: Cedar
Rose, Grove, James Kenney, Live
Oak, San Pablo, Strawberry Creek,
Willard

Adult Hour $10.00 $12.00
Youth, Senior, Disabled Hour $8.00 $10.00

5. Swim Centers (1-hour minimum)
King, West Campus
1-35 people Hour $100.00 $120.00
36-70 people Hour $145.00 $174.00
71-100 people Hour $177.00 $212.00
101-150 people Hour $217.00 $260.00
Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00

6. Picnic Areas (4-hour minimum)
Aquatic Park Area 1 4-hours $45.00 $50.00 $54.00 $60.00 Aquatic Park Area 2 4-hours N/A $54.00 N/A $65.00
Cedar Rose Area 1 4-hours $30.00 $30.00 $36.00 $40.00
Cedar Rose Area 2 4-hours N/A $36.00 N/A $43.00
Cesar Chavez Area 1 4-hours $45.00 $50.00 $50.00 $50.00 Cesar Chavez Area 2 4-hours $200.00 $220.00 $200.00 $220.00 Cesar Chavez: Area 3 4-hours N/A $70.00 N/A $70.00
Codornices Park Area 1 4-hours $75.00 $83.00 $90.00 $100.00 Codornices Park Area 2 4-hours $60.00 $66.00 $72.00 $79.00 Codornices Park Area 4 4-hours N/A $50.00 N/A $60.00
Cragmont Area 1 4-hours $45.00 $50.00 $54.00 $60.00
Glendale La Loma Area 1 4-hours N/A $40.00 N/A $48.00
Grove Area 1 4-hours $30.00 $33.00 $36.00 $40.00
James Kenney Area 1 4-hours $45.00 $50.00 $54.00 $60.00 James Kenney Area 2 4-hours $45.00 $50.00 $54.00 $60.00 John Hinkel Area 1 4-hours N/A $40.00 N/A $48.00
King School Area 1 4-hours $30.00 $33.00 $36.00 $40.00
Live Oak Park Areas 1 4-hours $60.00 $66.00 $72.00 $79.00 Live Oak Park Areas 2 4-hours $60.00 $66.00 $72.00 $79.00 Ohlone Park @ McGee Area 1 4-hours $45.00 $50.00 $54.00 $60.00 San Pablo Park Area 1 4-hours $30.00 $33.00 $36.00 $40.00

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
8 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
San Pablo Park Area 2 4-hours $30.00 $33.00 $36.00 $40.00 San Pablo Park Area 3 4-hours N/A $33.00 N/A $40.00
Strawberry Creek Area 1 4-hours $30.00 $33.00 $36.00 $40.00 Shorebird Park Areas 1 4-hours $75.00 $75.00
Shorebird Park Areas 2 4-hours $75.00 $75.00
Shorebird Park Area 3 4-hours $45.00 $45.00
Bounce House Permit Per Use $20.00 $30.00 $25.00 $36.00

7. Parks & Open Space
(not athletic fields)
A. Special Events
1-99 Participants Day $180.00 $350.00
100-249 Participants Day $270.00 $500.00
250-499 Participants Day $350.00 $700.00
500+ Participants Day $550.00 $1,000.00
Cleaning/Damage Deposit (refundable) Day $700.00 $700.00 Special Events - Additional Days
1-99 Participants Day $170.00 $340.00
100-249 Participants Day $230.00 $460.00
250-499 Participants Day $250.00 $600.00
500+ Participants Day $450.00 $900.00
B. John Hinkel Amphitheater
Day 4-hours $120 $200 $144 $240
Each Additional Hour (after 4 hours) Hour N/A $75 N/A $90 Cleaning/Damage Deposit
(refundable) $350.00 $500 $350.00 $500
Camp Day Use Fee
1-50 Participants Day $50.00 $50.00
51-100 Participants Day $100.00 $100.00
101-150 Participants Day $150.00 $150.00
Small Turf Areas in Parks (Ages 8 yrs
& under; Mon-Fri only; Max 3 days
per week)

Ohlone Park, Aquatic Park, James
Kenney Park, Live Oak Park
2-Hours $25.00 $30.00

8. Weddings (4-hour minimum)
A. Rose Garden 4-Hours $1,000.00 $1,200.00
Each Additional Hour (after 4 hours) Hour $170.00 $204.00

8. Cragmont, Live Oak Park, &
John Hinkel (outside areas)
4-Hours $450.00 $540.00
Each Additional Hour (after 4
hours)
Hour $75.00 $90.00
C. Spinnaker Way Vista 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 D. Yacht Club Point 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 Cleaning/Damage Deposit (refundable) Rental $700.00 $700.00

9. Mini-Amphitheater/Outdoor
Classroom (4-hour minimum)

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
9 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
Codornices Park #A1 (Next to Picnic
Site #2) 4-hours N/A $40.00 N/A $48.00
Live Oak Park #A1 4-hours N/A $50.00 N/A $60.00
Shorebird Park #A1 (near Nature
Center Playground) 4-hours N/A $50.00 N/A $50.00
Ill. SWIM CENTER FEES

1. Admissions (Public & Family
Swim, Laps)
Adult (Drop-in) Swim $6.00 $6.00
Adult (10-Swim Card) 10-Swims $51.00 $51.00
Adult (Monthly) Month $73.00 $73.00
Youth, Senior, Disabled (Drop-In) Swim $3.00 $3.00
Youth Senior Disabled (10-Swim Card) 10-Swims $22.00 $22.00 Youth Senior Disabled (Monthly Card) Month $37.00 $37.00

2. Red Cross Swim Sessions
Adult Session $75.00 $90.00
Youth, Senior, Disabled Session $72.00 $84.00
Organized Youth Groups (Residents only)
10-15 participants Session $65.00 -
16-21 participants Session $62.00 -
22-32 participants Session $54.00 -
33-43 participants Session $48.00 -
44-54 participants Session $39.00 -
55+ participants Session $37.00 -

3. Premium Classes
Continuous & Coached Workouts: water
aerobics, parent/tot, stroke technique,
Master Swim

Adult (Drop-in) Swim $7.00 $7.00
Adult (10-Swim Card) 10-Swims $66.00 $66.00
Adult (Monthly) Month $82.00 $82.00
Youth, Senior, Disabled (Drop-In) Swim $5.00 $5.00
Youth Senior Disabled (10-Swim Card) 10-Swims $40.00 $40.00 Youth Senior Disabled (Monthly Card) Session $57.00 $57.00

4. Private Swim Lessons (1/2 hour
session)
Individual (One-on-One) Lesson $30.00 $36.00
Semi-Private Lesson (2 or more
Participants) Lesson $50.00 $60.00
IV. RECREATION PROGRAMS

1. Sports
A. Adult Softball League
4 Game Season Team $320.00 $384.00
8 Game Season Team $640.00 $715.00
10 Game Season Team $800.00 $875.00

8. Adult Basketball League
8 Game Season Team $560.00 $635.00
10 Game Season Team $700.00 $775.00
C. Adult Volleyball League

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
10 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
8 Game Season Team $320.00 $384.00
1O Game Season Team $400.00 $475.00
12 Game Season Team $480.00 $555.00
15 Game Season Team $600.00 $675.00
D. Open Gym Volleyball Drop-In $5.00 $5.00
E. Youth Baseball
Individual Session $51.00 $61.00
F. Youth Hoops League
Individual Session $30.00 $36.00
G. Youth Twilight Basketball
Individual Session $27.00 $32.00
H. Youth Flag Football League
Individual Session $30.00 $36.00
I. Tennis Lessons
Youth Session $73.00 $88.00
Adult Session $107.00 $128.00
J. Skate Park Lessons & Classes
Full Day Session $258.00 $310.00
1/2 Day Camp Session $195.00 $234.00
Park Introduction Session $11.00 $13.00
Trick Clinic Session $11.00 $13.00
Private Lessons Hour $43.00 $52.00
Group Lessons Session $108.00 $130.00

2. Programs at Centers
A. After School Program Registration
Fee (Frances Albrier, James Kenney)
Individual Week $25.00 $30.00
B. Community Center Camp Programs
(Winter, Spring, Summer)
Core 30 hours $101.00 $121.00
AM Extended Care 5 hours $10.00 $12.00
PM Extended Care 15 hours $30.00 $36.00

B. Echo Lake Camp
50 & Better Camp
50 & Better Camp Tent (up to 2
campers)
5-Day $818.00 $981.00
50 & Better Camp Tent (up to 2
campers)
4-Day $650.00 $780.00
50 & Better Camp Tent (up to 2
campers)
Weekend $515.00 $618.00

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
11 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
50 & Better Camp Additional
Camper
1-Day $55.00 $66.00
Counselor-In-Training
Counselor-In-Training 2-Week $448.00 $538.00
Counselor-In-Training 1-Week $308.00 $370.00
Family Camp
Full-Week Standard Tent (up to 3
campers)
7-Day $1,843.00 $2,212.00
Full-Week Low-Occupancy Tent 7-Day $1,595.00 $1,914.00 Nightly Rate: Sun, Mon, Tues, or Wed 1-Day $450.00 $540.00 Weekend Standard Tent (up to 3
campers)
4-Day $1,397.00 $1,676.00
Weekend Low-Occupancy Tent 4-Day $1,226.00 $1,471.00
Mid-Week Standard Tent (up to 3
campers)
4-Day $1,210.00 $1,452.00
Mid-Week Low-Occupancy Tent 4-Day $1,062.00 $1,274.00
Additional Camper Fee (1-Day) 1-Day $90.00 $108.00
Additional Camper Fee Session- Based
Daily Rate 1-Day $80.00 $96.00
Day Use Fees
Adult (15+) Day Use 1-Day $108.00 $129.60
Youth (7-14) Day Use 1-Day $72.00 $86.40
Child (3-6) Day Use 1-Day $54.00 $64.80
Group Rental Rates
Adult (15+) 1-Day $85.00 $102.00
Youth (7-14) 1-Day $71.50 $85.80
Child (3-6) 1-Day $52.80 $63.36
Infant (0-3) 1-Day $0.00 $0.00
New Camper Welcome Weekend Weekend $195.00 $234.00
School Outdoor Education
Teachers & Adult Chaperones 1-Day $60.00 $72.00
Youth Participants 1-Day $45.00 $54.00
Work Weekend Weekend $0.00 $0.00
Youth Camp
5-Day Program 5-Days $672.00 $806.00
6-Day Program 6-Days $806.00 $967.00
7-Day Program 7-Days $941.00 $1,129.00
Per Day Fee 1-Day $134.00 $161.00
Wedding Rental
Wedding Rental 4-Hours $750.00 $900.00
Wedding Rental - Each Additional Hour
(after 4 hours)
Hour $125.00 $150.00
C. Tuolumne Camp
50 & Better Camp
50 & Better Camp Tent (up to 2
campers)
5-Day $1,008.00 $1,210.00
50 & Better Camp Tent (up to 2
campers)
4-Day $806.00 $967.00
50 & Better Camp Tent (up to 2
campers)
Weekend $605.00 $726.00

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
12 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
50 & Better Camp Additional Camper
per day
1-Day $60.00 $72.00
Leaders in Training (LIT) 1-Week $941.00 $1,129.00
Counselor-In-Training
Counselor-In-Training 2-Week $465.00 $558.00
Counselor-In-Training 1-Week $308.00 $370.00
Family Camp
Full-Week Standard Tent (up to 3
campers)
1-Week $2,195.00 $2,633.00
Full-Week Low-Occupancy Tent 1-Week $1,887.00 $2,264.00 Weekend Standard Tent (up to 3
campers)
4-Day $1,664.00 $1,997.00
Weekend Low-Occupancy Tent 4-Day $1,459.00 $1,751.00
Mid-Week Standard Tent (up to 3
campers)
4-Day $1,430.00 $1,716.00
Mid-Week Low Occupancy Tent 4-Day $1,210.00 $1,452.00
Nightly Rate: Sun, Mon, Tues, or Wed 1-Day $525.00 $630.00 Family Camp Day Use Fees
Adult (15+) Day Use 1-Day $135.00 $162.00
Youth (7-14) Day Use 1-Day $90.00 $108.00
Child (3-6) Day Use 1-Day $68.00 $81.60
Additional Camper Fee (1-Day) 1-Day $100.00 $120.00
Additional Camp Session-Based Daily
Rate
1-Day $90.00 $108.00
Group Rental Rates
Adult (15+) 1-Day $110.00 $132.00
Youth (7-14) 1-Day $93.00 $111.60
Child (3-6) 1-Day $78.00 $93.60
Infant (0-3) 1-Day $0.00 $0.00
New Camper Welcome Weekend Weekend $195.00 $234.00
School Outdoor Education
Adult Chaperones 1-Day $75.00 $90.00
Youth Participants 1-Day $56.00 $67.20
Work Weekend Weekend $0.00 $0.00
Youth Camp
5-Day Program 5-Days $840.00 $1,008.00
6-Day Program 6-Days $1,008.00 $1,210.00
7-Day Program 7-Days $1,176.00 $1,411.00
Per Day Fee 1-Day $168.00 $202.00
Wedding Rental
Wedding Rental 4-Hours $1,000.00 $1,200.00
Wedding Rental - Each Additional Hour
(after 4 hours) Hour $150.00 $180.00
D. Resident Camp Surcharges
Family Camp Program Deposit
Payment $500 per
registration
$500 per
registration

Late Fee
$75 if
balance
is not paid

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
13 Program Area Unit of
Measure Resident Resident
(proposed)
Non-
Resident
Non-
Resident
(proposed)
by date
specified
Cleaning / Damage Deposit Rental $2,000.00 $2,000.00
Changes to Reservation resulting in
reduction in length of stay (30 days or
more before arrival)
Reservation $100.00 $100.00
Cancel Reservation (30 days or more
before arrival)
25% of
reservation
not to
exceed
$150

Cancel Reservation (due to emergency
or illness, with Dr's
excuse)
Reservation No Charge No Charge

4. Waterfront Programs
A. Adventure Playground
Individual Admission (anyone over 1
year old)
Day $1.00 $1.00
Group size 5-10 2-hours $75.00 $75.00
Group size 11-20 2-hours $105.00 $105.00
Group size 21-30 2-hours $150.00 $150.00
Group size 31-40 2-hours $180.00 $180.00

8. Education Programs
Animal Session $200.00 $200.00
Low Tide Session $200.00 $200.00
Research Boat Trip Session $225.00 $225.00
Sail Boat Trip Session $255.00 $255.00
Docent Training Session $65.00 $65.00
Special Program Request Hour $65.00 $65.00
Marine Biology 4-Days $75.00 $75.00
Marine Biology 8-Days $150.00 $150.00
Boating 4-Days $150.00 $150.00
Canoeing 3-Days $55.00 $55.00

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Parks and Recreation Fee Changes PUBLIC HEARING
May 23, 2023
14 ATTACHMENT 2
Table 1: Picnic Site – Per Hour Fee Comparison
Note: This analysis compares hourly rates for picnic reservations.

Table 2: Outdoor Amphitheater– Per Hour Fee Comparison Note: This analysis compares the hourly rate for amphitheater rentals. Rental rules and minimum hours vary a great deal among other cities.

Venue Location Capacity
Average Fee
per hour Rate Types
John Hinkel Amphitheater Berkeley 200 $15
Resident/Non-Resident for 8
hours
Mill Valley Amphitheater Mill Valley $143
Residents: # of attendees up to
49/50-74/Private
75+/Commercial 75+
Woodminster Amphitheater Oakland 1500 $313
Resident/Non-Resident/Non-
Profit
Piedmont Amphitheater Piedmont 200 $438 Resident/Non-Resident Redwood Grove
Amphitheater
UC Botanical
Garden at Berkeley 200 $2,000 Friday-Sunday rate
Price Comps By # of Tables
2 Tables
Picnic Time
Blocks
Min
Hours #Tables Max#
4 hr rate
Fee
Resident
4 hr rate
Fee Non-
Resident Details
Albany, CA 4 4 2 12 38.59$ 49.87$
Richmond, CA 4 1 2 *50 178.00$ no differential * based on 50 person general fee #31 plus table fee of $27 per table Oakland, CA 4 2 2 30 60.00$ 72.00$ 2 hr rate Res $30 / Non-res $36 Berkeley, CA 4 4 2 **41 42.00$ 47.10$
4 Tables
Picnic Time
Blocks
Min
Hours #Tables Max#
Fee
Resident
Fee Non-
Resident Details
Albany, CA 4 4 4 30 92.92$ 104.21$
Richmond, CA 4 1 4 60 360.00$ no differential * based on 51-100 person general fee $63 plus table fee of $27 per table Oakland, CA 4 2 4 49 160.00$ 160.00$ 2 hr rate Res $80 / Non-res $86 Berkeley, CA 4 4 4 70 60.00$ 72.00$
10 ro 12 Tables
Picnic Time
Blocks
Min
Hours #Tables Max#
Fee
Resident
Fee Non-
Resident Details
Albany, CA 4 4 12 72 219.97$ 231.25$ All 12 tables are in this fee Richmond, CA 4 1 10 200 766.00$ no differential * based on 51-100 person general fee $124 plus table fee of $27 per table Oakland, CA 4 none in this range
Berkeley, CA 4 4 10 200 200.00$ 200.00$ Marina location, no differential resident non-resident

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ATTACHMENT 3
RESOLUTION NO. ##,###-N.S.

CHANGES TO SELECTED PARKS AND RECREATION FACILITY RENTAL FEES; AND RESCINDING RESOLUTION NO. 70,667-N.S
WHEREAS, on January 17, 2023, Council adopted the new Fee Schedule for Recreation Division programs (Resolution No. 70,667- N.S.); and
WHEREAS, the proposed picnic site and outdoor venue new fees and fee increases will provide additional revenue to the Parks Fund and Marina Fund which will help cover the cost of increased maintenance of parks areas and facilities, and increased costs of cleaning and restocking restrooms
; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the rates and charges set forth in Exhibit A are hereby fixed and established for the parks and recreation facility rentals and shall be effective July 1, 2023, unless otherwise noted in Exhibit A.

BE IT FURTHER RESOLVED that Resolution No. 70,667-N.S. and all amendatory resolutions are hereby rescinded effective July 1, 2023.

Exhibit A: Fee Schedule

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Exhibit A:

Recreation Fee Schedule
Effective July 1, 2023 (unless otherwise noted below)
Program Area Unit of
Measure Resident Non-Resident
I. DIRECTOR'S AUTHORITY TO IMPLEMENT NEW
FEES
The Director of Parks Recreation and Waterfront, or
his/her designee, reserves the right to establish fees
for new Recreation programs based on comparison
with other municipalities.

Various Various Up to $350
II. FACILITY RENTAL CHARGES

1. Room Rentals - Regular Hours (1 hour
minimum); Non-Regular Hours (2 hour minimum)
James Kenney (JK) Live Oak (LO) Frances Albrier
(FA), Martin Luther King (MLK)
A. Youth, Senior, Disabled
Regular Hours Hour $41.00
Non-Regular Hours Hour $61.00
B. All Other
Auditorium (FA) & Social Hall (LO)
Regular Hours Hour $67.00
Non-Regular Hours Hour $82.00
Fireside Room (LO), Community Room (JK)
Regular Hours Hour $52.00
Non-Regular Hours Hour $67.00
Game Room (FA, MLK) Arts & Crafts Room (FA,
JK, LO) Meeting Room (JK, LO, MLK)
Regular Hours Hour $46.00
Non-Regular Hours Hour $62.00
C. Multi Room Discount
2nd room Rental 25% discount
3rd room, each additional room Rental 50% discount
D. Gym Rentals (JK, MLK)
Regular Hours Hour $64.00 $77.00
Non-Regular Hours $75.00 $90.00
E. Filming Fee
Parks and Facilities ½Day $400.00 $400.00
Full Day $800.00 $800.00
F. Surcharges
Table & Chair Set-Up Rental $63.00 $76.00
Kitchen Use Rental $86.00 $103.00
Small Storage Room Month $21.00 $25.00
Large Storage Room Month $31.00 $37.00
Stage Use w/Room Rental Hour $26.00 $31.00
P/A system & staff operation Hour $42.00 $50.00
Cleaning/Damage Deposit All Rentals (Refundable) Rental $200.00 $200.00

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Program Area Unit of
Measure Resident Non-Resident
Program Area Unit of
Measure Resident Non-Resident

2. City Athletic Fields
Cedar Rose, Codornices, Glendale - La Loma,
Grove, James Kenney, Ohlone, San Pablo, Willard,
Rosa Parks, Thousand Oaks
Youth non-profit leagues 2-Hours $36.00 $43.00
Adults, for-profits, private schools 2-Hours $72.00 $86.00 Maintenance Deposit 40% of fee 40% of fee
Gabe's Fields at Harrison Park, Natural Turf
Youth non-profit leagues 2-Hours $29.00 $35.00
Adults, for-profits, private schools 2-Hours $72.00 $86.00 Gilman Fields, Natural Turf
Youth non-profit leagues 2-Hours $29.00 $35.00
Adults, for-profits, private schools 2-Hours $72.00 $96.00 Gilman Fields, Synthetic Turf
Youth non-profit leagues 2-Hours $40.00 $48.00
Adults, for-profits, private schools 2-Hours $91.00 $109.00 Sports Field User Fines (Policy Violations:

Applicable to All Athletic Fields)
Playing on Closed Grass Fields 1st Offense $250.00 $250.00 2nd Offense $500.00 $500.00
Running practices in main goal areas 1st Offense
within 12
months
$50.00 $50.00
2nd Offense
within 12 mo $100.00 $100.00
3rd Offense
within 12 mo $200.00 $200.00
Dogs, Alcohol, Trash, Wheeled vehicles Incident $100.00 $100.00 Field Monitor Hourly $25.00 $25.00
Additional Rules (Applicable to all athletic fields)
Weekday slots used before 3:30pm throughout the
year are discounted
50%
Weekday slots 5:30pm-7:00pm are charged as full
two-hour slot
All other slots are pro-rated in 30 minute increments

3. Skate Park Rental (only available AM hours)
A. Morning Hours
(includes 2 staff members) Hour $250.00 $300.00
B. Birthday Party
(includes 2 staff members & lesson) Hour $350.00 $420.00 Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00

4. Tennis Courts
A. Day Use (All Courts): Cedar Rose, Grove, James
Kenney, Live Oak, Rose Garden, Roy Oakes, San
Pablo, Strawberry Creek, Willard
Adult Hour $7.00 $8.00
Youth, Senior, Disabled Hour $5.00 $6.00

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Program Area Unit of
Measure Resident Non-Resident
Program Area Unit of
Measure Resident Non-Resident
B. Night Use/Lighted Courts: Cedar Rose, Grove,
James Kenney, Live Oak, San Pablo, Strawberry
Creek, Willard
Adult Hour $10.00 $12.00
Youth, Senior, Disabled Hour $8.00 $10.00

5. Swim Centers (1-hour minimum) King, West
Campus
1-35 people Hour $100.00 $120.00
36-70 people Hour $145.00 $174.00
71-100 people Hour $177.00 $212.00
101-150 people Hour $217.00 $260.00
Cleaning/Damage Deposit (refundable) Rental $200.00 $200.00

6. Picnic Areas (4-hour minimum)
Aquatic Park Area 1 4-hours $50.00 $60.00
Aquatic Park Area 2 4-hours $54.00 $65.00
Cedar Rose Area 1 4-hours $30.00 $40.00
Cedar Rose Area 2 4-hours $36.00 $43.00
Cesar Chavez Area 1 4-hours $50.00 $50.00
Cesar Chavez Area 2 4-hours $220.00 $220.00
Cesar Chavez: Area 3 4-hours $70.00 $70.00
Codornices Park Area 1 4-hours $83.00 $100.00
Codornices Park Area 2 4-hours $66.00 $79.00
Codornices Park Area 4 4-hours $50.00 $60.00
Cragmont Area 1 4-hours $50.00 $60.00
Glendale La Loma Area 1 4-hours $40.00 $48.00
Grove Area 1 4-hours $33.00 $40.00
James Kenney Area 1 4-hours $50.00 $60.00
James Kenney Area 2 4-hours $50.00 $60.00
John Hinkel Area 1 4-hours $40.00 $48.00
King School Area 1 4-hours $33.00 $40.00
Live Oak Park Areas 1 4-hours $66.00 $79.00
Live Oak Park Areas 2 4-hours $66.00 $79.00
Ohlone Park @ McGee Area 1 4-hours $50.00 $60.00
San Pablo Park Area 1 4-hours $33.00 $40.00
San Pablo Park Area 2 4-hours $33.00 $40.00
San Pablo Park Area 3 4-hours $33.00 $40.00
Strawberry Creek Area 1 4-hours $33.00 $40.00
Shorebird Park Areas 1 4-hours $75.00 $75.00
Shorebird Park Areas 2 4-hours $75.00 $75.00
Shorebird Park Area 3 4-hours $45.00 $45.00
Bounce House Permit Per Use $30.00 $36.00

7. Parks & Open Space (not athletic fields)
A. Special Events
1-99 Participants Day $180.00 $350.00
100-249 Participants Day $270.00 $500.00
250-499 Participants Day $350.00 $700.00

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Program Area Unit of
Measure Resident Non-Resident
500+ Participants Day $550.00 $1,000.00
Cleaning/Damage Deposit (refundable) Day $700.00 $700.00 Special Events - Additional Days
1-99 Participants Day $170.00 $340.00
100-249 Participants Day $230.00 $460.00
250-499 Participants Day $250.00 $600.00
500+ Participants Day $450.00 $900.00
B. John Hinkel Amphitheater 4-hours $200 $240
Each Additional Hour (after 4 hours) Hour $75 $90
Cleaning/Damage Deposit (refundable) $500 $500
Camp Day Use Fee
1-50 Participants Day $50.00 $50.00
51-100 Participants Day $100.00 $100.00
101-150 Participants Day $150.00 $150.00
Small Turf Areas in Parks (Ages 8 yrs & under;
Mon-Fri only; Max 3 days per week)
Ohlone Park, Aquatic Park, James Kenney Park, Live
Oak Park 2-Hours $25.00 $30.00

8. Weddings (4-hour minimum)
A. Rose Garden 4-Hours $1,000.00 $1,200.00
Each Additional Hour (after 4 hours) Hour $170.00 $204.00

8. Cragmont, Live Oak Park, &
John Hinkel (outside areas) 4-Hours $450.00 $540.00
Each Additional Hour (after 4
hours) Hour $75.00 $90.00
C. Spinnaker Way Vista 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 D. Yacht Club Point 4-Hours $750.00 $750.00
Each Additional Hour (after 4 hours) Hour $170.00 $170.00 Cleaning/Damage Deposit (refundable) Rental $700.00 $700.00

9. Mini-Amphitheater/Outdoor Classroom (4-hour
minimum)
Codornices Park #A1 (Next to Picnic Site #2) 4-hours $40.00 $48.00 Live Oak Park #A1 4-hours $50.00 $60.00
Shorebird Park #A1 (near Nature Center Playground) 4-hours $50.00 $50.00 Ill. SWIM CENTER FEES

1. Admissions (Public & Family Swim, Laps)
Adult (Drop-in) Swim $6.00 $6.00
Adult (10-Swim Card) 10-Swims $51.00 $51.00
Adult (Monthly) Month $73.00 $73.00
Youth, Senior, Disabled (Drop-In) Swim $3.00 $3.00
Youth Senior Disabled (10-Swim Card) 10-Swims $22.00 $22.00 Youth Senior Disabled (Monthly Card) Month $37.00 $37.00

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Program Area Unit of
Measure Resident Non-Resident
33-43 participants Session $48.00 -
44-54 participants Session $39.00 -
55+ participants Session $37.00 -

3. Premium Classes
Continuous & Coached Workouts: water aerobics,
parent/tot, stroke technique, Master Swim
Adult (Drop-in) Swim $7.00 $7.00
Adult (10-Swim Card) 10-Swims $66.00 $66.00
Adult (Monthly) Month $82.00 $82.00
Youth, Senior, Disabled (Drop-In) Swim $5.00 $5.00
Youth Senior Disabled (10-Swim Card) 10-Swims $40.00 $40.00 Youth Senior Disabled (Monthly Card) Session $57.00 $57.00

4. Private Swim Lessons (1/2 hour session)
Individual (One-on-One) Lesson $30.00 $36.00
Semi-Private Lesson (2 or more Participants) Lesson $50.00 $60.00 IV. RECREATION PROGRAMS

1. Sports
A. Adult Softball League
4 Game Season Team $320.00 $384.00
8 Game Season Team $640.00 $715.00
10 Game Season Team $800.00 $875.00

8. Adult Basketball League
8 Game Season Team $560.00 $635.00
10 Game Season Team $700.00 $775.00
C. Adult Volleyball League
8 Game Season Team $320.00 $384.00
1O Game Season Team $400.00 $475.00
12 Game Season Team $480.00 $555.00
15 Game Season Team $600.00 $675.00
D. Open Gym Volleyball Drop-In $5.00 $5.00
E. Youth Baseball
Individual Session $51.00 $61.00
F. Youth Hoops League
Individual Session $30.00 $36.00
G. Youth Twilight Basketball
Individual Session $27.00 $32.00
H. Youth Flag Football League
Individual Session $30.00 $36.00
I. Tennis Lessons
Youth Session $73.00 $88.00
Adult Session $107.00 $128.00
J. Skate Park Lessons & Classes
Full Day Session $258.00 $310.00
1/2 Day Camp Session $195.00 $234.00
Park Introduction Session $11.00 $13.00
Trick Clinic Session $11.00 $13.00
Private Lessons Hour $43.00 $52.00
Group Lessons Session $108.00 $130.00

2. Programs at Centers

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Program Area Unit of
Measure Resident Non-Resident
A. After School Program Registration Fee (Frances
Albrier, James Kenney)
Individual Week $25.00 $30.00
B. Community Center Camp Programs (Winter,
Spring, Summer)
Core 30 hours $101.00 $121.00
AM Extended Care 5 hours $10.00 $12.00
PM Extended Care 15 hours $30.00 $36.00

3. Camp Programs
A. Berkeley Day Camp
Youth Core Program 5-Days $269.00 $323.00
AM Extended Care 5-Davs $57.00 $68.00
PM Extended Care 5-Davs $88.00 $106.00
Counselor-In-Training 10-Davs $217.00 $260.00
Cancelled Reservation
Session
25% of
reservation not to
exceed $150
25% of
reservation not
to exceed $150
B. Echo Lake Camp
50 & Better Camp
50 & Better Camp Tent (up to 2 campers) 5-Day $818.00 $981.00 50 & Better Camp Tent (up to 2
campers) 4-Day $650.00 $780.00
50 & Better Camp Tent (up to 2
campers) Weekend $515.00 $618.00
50 & Better Camp Additional
Camper 1-Day $55.00 $66.00
Counselor-In-Training
Counselor-In-Training 2-Week $448.00 $538.00
Counselor-In-Training 1-Week $308.00 $370.00
Family Camp
Full-Week Standard Tent (up to 3 camoers) 7-Day $1,843.00 $2,212.00 Full-Week Low-Occupancy Tent 7-Day $1,595.00 $1,914.00
Nightly Rate: Sun, Mon, Tues, or Wed 1-Day $450.00 $540.00 Weekend Standard Tent (up to 3 campers) 4-Day $1,397.00 $1,676.00 Weekend Low-Occupancy Tent 4-Day $1,226.00 $1,471.00
Mid-Week Standard Tent (up to 3 campers) 4-Day $1,210.00 $1,452.00 Mid-Week Low-Occupancy Tent 4-Day $1,062.00 $1,274.00
Additional Camper Fee (1-Day) 1-Day $90.00 $108.00
Additional Camper Fee Session- Based Daily Rate 1-Day $80.00 $96.00 Day Use Fees
Adult (15+) Day Use 1-Day $108.00 $129.60
Youth (7-14) Day Use 1-Day $72.00 $86.40
Child (3-6) Day Use 1-Day $54.00 $64.80
Group Rental Rates
Adult (15+) 1-Day $85.00 $102.00
Youth (7-14) 1-Day $71.50 $85.80
Child (3-6) 1-Day $52.80 $63.36
Infant (0-3) 1-Day $0.00 $0.00
New Camper Welcome Weekend Weekend $195.00 $234.00
School Outdoor Education

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Program Area Unit of
Measure Resident Non-Resident
Teachers & Adult Chaperones 1-Day $60.00 $72.00
Youth Participants 1-Day $45.00 $54.00
Work Weekend Weekend $0.00 $0.00
Youth Camp
5-Day Program 5-Days $672.00 $806.00
6-Day Program 6-Days $806.00 $967.00
7-Day Program 7-Days $941.00 $1,129.00
Per Day Fee 1-Day $134.00 $161.00
Wedding Rental
Wedding Rental 4-Hours $750.00 $900.00
Wedding Rental - Each Additional Hour (after 4 hours) Hour $125.00 $150.00 C. Tuolumne Camp
50 & Better Camp
50 & Better Camp Tent (up to 2 campers) 5-Day $1,008.00 $1,210.00 50 & Better Camp Tent (up to 2 campers) 4-Day $806.00 $967.00 50 & Better Camp Tent (up to 2 campers) Weekend $605.00 $726.00 50 & Better Camp Additional Camper per day 1-Day $60.00 $72.00 Leaders in Training (LIT) 1-Week $941.00 $1,129.00
Counselor-In-Training
Counselor-In-Training 2-Week $465.00 $558.00
Counselor-In-Training 1-Week $308.00 $370.00
Family Camp
Full-Week Standard Tent (up to 3 campers) 1-Week $2,195.00 $2,633.00 Full-Week Low-Occupancy Tent 1-Week $1,887.00 $2,264.00 Weekend Standard Tent (up to 3 campers) 4-Day $1,664.00 $1,997.00 Weekend Low-Occupancy Tent 4-Day $1,459.00 $1,751.00
Mid-Week Standard Tent (up to 3 campers) 4-Day $1,430.00 $1,716.00 Mid-Week Low Occupancy Tent 4-Day $1,210.00 $1,452.00
Nightly Rate: Sun, Mon, Tues, or Wed 1-Day $525.00 $630.00 Family Camp Day Use Fees
Adult (15+) Day Use 1-Day $135.00 $162.00
Youth (7-14) Day Use 1-Day $90.00 $108.00
Child (3-6) Day Use 1-Day $68.00 $81.60
Additional Camper Fee (1-Day) 1-Day $100.00 $120.00
Additional Camp Session-Based Daily Rate 1-Day $90.00 $108.00 Group Rental Rates
Adult (15+) 1-Day $110.00 $132.00
Youth (7-14) 1-Day $93.00 $111.60
Child (3-6) 1-Day $78.00 $93.60
Infant (0-3) 1-Day $0.00 $0.00
New Camper Welcome Weekend Weekend $195.00 $234.00
School Outdoor Education
Adult Chaperones 1-Day $75.00 $90.00
Youth Participants 1-Day $56.00 $67.20
Work Weekend Weekend $0.00 $0.00
Youth Camp
5-Day Program 5-Days $840.00 $1,008.00
6-Day Program 6-Days $1,008.00 $1,210.00
7-Day Program 7-Days $1,176.00 $1,411.00

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Program Area Unit of
Measure Resident Non-Resident
Per Day Fee 1-Day $168.00 $202.00
Wedding Rental
Wedding Rental 4-Hours $1,000.00 $1,200.00
Wedding Rental - Each Additional Hour (after 4 hours) Hour $150.00 $180.00 D. Resident Camp Surcharges
Family Camp Program Deposit
Payment
$500 per
registration
$500 per
registration
Late Fee
$75 if balance
is not paid by
date specified
Cleaning / Damage Deposit Rental $2,000.00 $2,000.00
Changes to Reservation resulting in reduction in
length of stay (30 days or more before arrival) Reservation $100.00 $100.00 Cancel Reservation (30 days or more before arrival) 25% of reservation not
to exceed
$150
Cancel Reservation (due to emergency or illness, with
Dr's
excuse)
Reservation No Charge No Charge

4. Waterfront Programs
A. Adventure Playground
Individual Admission (anyone over 1 year old) Day $1.00 $1.00 Group size 5-10 2-hours $75.00 $75.00
Group size 11-20 2-hours $105.00 $105.00
Group size 21-30 2-hours $150.00 $150.00
Group size 31-40 2-hours $180.00 $180.00

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ATTACHMENT 4

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
Parks and Recreation Facility Rental Fee Increases
The public may participate in this hearing by remote video or in-person.

The Department of Parks, Recreation & Waterfront is proposing to increase selected fees, as contained in the attached Recreation Fee Schedule and excerpted below:

Program Area Unit of
Measure Resident
Resident
(propose
d)
Non-
Resident
Non-
Resident
(propose
d)

6. Picnic Areas
(4-hour minimum)

Aquatic Park Area 1 4-hours $45.00 $50.00 $54.00 $60.00 Aquatic Park Area 2 4-hours N/A $54.00 N/A $65.00
Cedar Rose Area 1 4-hours $30.00 $30.00 $36.00 $40.00
Cedar Rose Area 2 4-hours N/A $36.00 N/A $43.00
Cesar Chavez Area 1 4-hours $45.00 $50.00 $50.00 $50.00 Cesar Chavez Area 2 4-hours $200.00 $220.00 $200.00 $220.00 Cesar Chavez: Area 3 4-hours N/A $70.00 N/A $70.00
Codornices Park Area 1 4-hours $75.00 $83.00 $90.00 $100.00 Codornices Park Area 2 4-hours $60.00 $66.00 $72.00 $79.00 Codornices Park Area 4 4-hours N/A $50.00 N/A $60.00
Cragmont Area 1 4-hours $45.00 $50.00 $54.00 $60.00
Glendale La Loma Area 1 4-hours N/A $40.00 N/A $48.00
Grove Area 1 4-hours $30.00 $33.00 $36.00 $40.00
James Kenney Area 1 4-hours $45.00 $50.00 $54.00 $60.00 James Kenney Area 2 4-hours $45.00 $50.00 $54.00 $60.00 John Hinkel Area 1 4-hours N/A $40.00 N/A $48.00
King School Area 1 4-hours $30.00 $33.00 $36.00 $40.00
Live Oak Park Areas 1 4-hours $60.00 $66.00 $72.00 $79.00 Live Oak Park Areas 2 4-hours $60.00 $66.00 $72.00 $79.00 Ohlone Park @ McGee Area 1 4-hours $45.00 $50.00 $54.00 $60.00

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San Pablo Park Area 1 4-hours $30.00 $33.00 $36.00 $40.00 San Pablo Park Area 2 4-hours $30.00 $33.00 $36.00 $40.00 San Pablo Park Area 3 4-hours N/A $33.00 N/A $40.00
Strawberry Creek Area 1 4-hours $30.00 $33.00 $36.00 $40.00 Bounce House Permit Per Use $20.00 $30.00 $25.00 $36.00 B. John Hinkel Amphitheater
Day 4-
hours
$120 $200 $144 $240
Each Additional Hour (after 4
hours)
Hour N/A $75 N/A $90
Cleaning/Damage Deposit
(refundable) $350.00 $500 $350.00 $500

9. Mini-Amphitheater/Outdoor
Classroom (4-hour minimum)
Codornices Park #A1
(Next to Picnic Site #2) 4-hours N/A $40.00 N/A $48.00
Live Oak Park #A1 4-hours N/A $50.00 N/A $60.00
Shorebird Park #A1
(near Nature Center Playground) 4-hours N/A $50.00 N/A $50.00 The hearing will be held on May 23, 2023, at 6:00 p.m. in the School District Board Room, 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Steph Chu at 510-981-6707.

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

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information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

Published: May 12 and May 13, 2023 – The Berkeley Voice Published pursuant to Government Code 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 11, 2023.

Mark Numainville, City Clerk

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ACTION CALENDAR
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
Subject: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

RECOMMENDATION
Adopt a Resolution approving the Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS).

FISCAL IMPACTS OF RECOMMENDATION
There are no additional fiscal impacts associated with the acquisition of this equipment.

There may be minimal fiscal impacts associated with training staff on the use of Fixed Surveillance Cameras.

INTRODUCTION
The City of Berkeley enacted the Surveillance Ordinance in 2018 with the stated purpose to establish a thoughtful process regarding the procurement and use of Surveillance Technology that carefully balances the City’s interest in protecting public safety with its interest in protecting the privacy and civil rights of its community members. To ensure that our general policies maintained consistent format with other policies the Department decided to develop parallel equipment ‘use’ policies where appropriate so that the Surveillance Use Policy could directly follow all the requirements explicitly set forth in BMC 2.99.020(4). Both policies are equally important, and all members are required to abide by the legal parameters of both policies. Recognizing the important of the Surveillance Use Policies, the Department has a chapter in our Departmental Policies specifically dedicated to the Surveillance Use Policies.

CURRENT SITUATION AND ITS EFFECTS
There are two surveillance technologies that are undergoing the process of the Surveillance Ordinance in order to obtain City Council approval. These technologies are External Fixed Video Surveillance Cameras and Unmanned Aerial System (UAS).

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SURVEILLANCE ORDINANCE ITEMS ACTION ITEM

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As part of the Surveillance Ordinance process the Department completed acquisition and use policies which underwent review by the Police Accountability Board and Public Safety Policy Committee.

City owned fixed surveillance cameras are already in place in several locations in the City of Berkeley and Council has approved installation of fixed cameras at ten specific intersections in the City. Acquisition and Use Policies are being submitted through the Surveillance Ordinance process to ensure clear guidelines regarding the approved technologies and the manner in which they will be used.

The Berkeley Police Department has made several exigent uses of Unmanned Aerial System (UAS) technology and believes circumstances may arise in the future necessitating further use. The Surveillance Ordinance provides guidance to Temporary Acquisition and Use of Surveillance Equipment (BMC 2.99.040) which requires the following: notifications, and presumes that if the uses will continue beyond exigent circumstances that the Department bring forward an acquisition report and use policy.

Crime trends regionally and in the City of Berekely indicate there has been a steady increase in shootings in the City the last five years and Part 1 Crimes reached their highest level in ten years in 2022. The Department has developed and submitted acquisition and use policies for these surveillance technologies as we believe that they support our mission to safeguard our diverse community through proctive law enforcement and problem solving, treating all people with dignity and respect. These law enforcment tools enhance policing practices and create greater safeguards toward fair and impartial policing and safer outcomes during law enforcment interactions.

The External Fixed Video Surveillance Camera Policies are covered by three policies:

1. Policy 351 – The policy that will establish guidelines for the Police Department on the use of External Fixed Video Surveillance Cameras

2. Policy 1304 - The Surveillance Use Policy related to Fixed Video Surveillance Cameras

3. Surveillance Acquisition Report – Citywide Report regarding Cameras Each of the above External Fixed Video Surveillance Camera Policies received City Attorney Office review with Public Works staff being the primary author of the Acquisition Report and Berkeley Police Department staff being the primary author of Policies 351 and 1304.

The Unmanned Aerial System (UAS) policies are covered by the following policies:

1. Policy 611 – The policy that will establish guidelines for the Police Department on the use of an Unmanned Aerial System (UAS – commonly referred to as drones)

2. Policy 1303 - The Surveillance Use Policy related to UAS

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SURVEILLANCE ORDINANCE ITEMS ACTION ITEM

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3. An Acquisition Report related to UAS. The Department is not seeking to acquire UAS technology at this time but per the City Attorney’s Office, the Surveillance Ordinance requires completion of an Acquisition Report as well.

Each of the above policies received City Attorney office review. Attached to this report are the revised versions of all the aforementioned policies considering feedback from the Police Accountabilty Board and Public Safety Policy Committee meetings. Track changes are included to show the revisions the Department made.

Pursuant to the Surveillance Ordinance, BMC Section 2.99.030.2, upon receipt of acquisition and use policies from the Police Department, the Police Accountability Board (PAB) has a 30-day deadline “to recommend approval of the policy, object to the proposal, recommend modifications, or take no action.” The Department provided the PAB the acquisition and use policies for UnManned Aerial Systems on January 24, 2023 and Fixed Cameras on February 8, 2023. The PAB provided written recommendations to the Department and the PSPC. The Department provided information and solicited feedback on these policies from the Public Safety Policy Committee at the Committees March 20, 2023 and April 24, 2023 meetings.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

CONTACT PERSON
Captain Mike Durbin, Police, Professional Standards Division (510) 981-5760 ATTACHMENTS:

1. REVISED: Policy 351- External Fixed Video Surveillance Cameras

2. REVISED: 1304- Surveillance Use Policy External Fixed Video Surveillance Cameras

3. REVISED: Acquisition Report- External Fixed Video Surveillance Camera

4. REVISED: 611- Unmanned Aerial System (UAS)

5. REVISED: 1303-Surveillance Use Policy Unmanned Aerial System (UAS)

6. REVISED: Acquisition Report- Unmanned Aerial System (UAS)

7. RESOLUTION

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Berkeley Police Department
Law Enforcement Services Manual

REVISED-351 External Fixed Video Surveillance Cameras (Final).docx 1 Policy
351
External Fixed Video Surveillance Cameras
351.1 PURPOSE AND SCOPE
This policy provides guidance for the use of City of Berkeley external fixed video surveillance cameras by the Berkeley Police Department.

This policy only applies to fixed, overt, marked external video surveillance systems utilized by the Department. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Department. This policy is intended to be the Use Policy, however all aspects of the Surveillance Use Policy, 1304 which corresponds with the External Fixed Video Surveillance Cameras is equally applicable. Department Personnel shall adhere to requirements for External Fixed Video Surveillance Cameras covered in this policy as well as the corresponding Surveillance Use Policy – 1304.

351.2 POLICY
The Berkeley Police Department utilizes a video surveillance system to enhance its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance safety and security in public areas and City property. Cameras may be placed in strategic locations throughout the City to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and human-made disasters, to assist City officials in providing services to the community, among other uses.

Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy.

351.3 OPERATIONAL GUIDELINES
Only City Council-approved video surveillance equipment shall be utilized. Members authorized to review video surveillance should only monitor public areas and public activities where no reasonable expectation of privacy exists. The City Manager shall obtain Council approval for any proposed additional locations for the use of video surveillance technology.

351.3.1 PLACEMENT AND MONITORING
Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the Chief of Police should confer with other affected City departments when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation or other obstructions, should also be evaluated when determining placement.

Camera placement includes, but is not limited to: existing cameras such as those located at San Pablo Park, the Berkeley Marina, and cameras placed in Council identified and approved intersections throughout the City, and potential future camera locations as approved by City Council.

Current City Council approved locations:

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2 REVISED-351 External Fixed Video Surveillance Cameras (Final).docx

• 6th Street at University Avenue
• San Pablo Avenue at University Avenue
• 7th Street at Dwight Way
• San Pablo Avenue at Dwight Way
• 7th Street at Ashby Avenue
• San Pablo Avenue at Ashby Avenue
• Sacramento Street at Ashby Avenue
• College Avenue at Ashby Avenue
• Claremont Avenue at Ashby Avenue
• 62nd Street at King Street
The cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal or civil investigations. The video surveillance system may be useful for the following purposes:
(a) To prevent, deter and identify criminal activity.
(b) To address identified areas of criminal activity.
(c) To respond to critical incidents.

(d) To assist in identifying, apprehending and prosecuting offenders. (e) To document officer and offender conduct during interactions to safeguard the rights of the public and officers.
(f) To augment resources in a cost-effective manner.
(g)(f) To monitor pedestrian and vehicle traffic activity in order to assist with t raffic related investigations.
(h)(g) To document City of Berkeley employee, employer, and/or customer conduct during interactions to safeguard the City of Berkeley employee, employer, and customer from misconduct.

Unauthorized recording, viewing, reproduction, dissemination or retention is prohibited.

351.3.2 FIXED CAMERA MARKINGS
All public areas monitored by video surveillance equipment shall be marked in a conspicuous manner with unobstructed signs to inform the public that the area is under police surveillance.

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3 REVISED-351 External Fixed Video Surveillance Cameras (Final).docx 351.3.3 INTEGRATION WITH OTHER TECHNOLOGY
The Department is prohibited from integrating or accessing system capabilities of the video surveillance system with other systems, such as gunshot detection, automated license plate recognition, facial recognition and other video-based analytical systems.

351.4 VIDEO SUPERVISION
Access to video surveillance cameras data shall be limited to Berkeley Police Department (BPD) personnel utilizing the camera database for uses described above, with technical assistance from Public Works personnel. Information may be shared in accordance with 351.6 or 1304.9 below.

Members seeking access to the camera system shall seek the approval from the Investigations Division Captain, or their designee.

Supervisors should monitor camera access and usage to ensure members are within department policy and applicable laws. Supervisors should ensure such use and access is appropriately documented.

351.4.1 VIDEO LOG
No one without authorization will be allowed to login and view the recordings. Access to the data must be obtained through the Public Works Department. All system access including system log- in, access duration, and data access points is accessible and reportable by the Public Works Department’s authorized administrator. Those who are authorized and login should automatically trigger the audit trail function to ensure compliance with the guidelines and policy. This is further outlined in 1304.4 of the Surveillance Use Policy.

351.4.2 PROHIBITED ACTIVITY
Video surveillance systems will not in tentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.

Video surveillance systems shall not be used in an unequal or discriminatory manner and shall not target protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation.

Video surveillance equipment shall not be used to harass, intimidate or discriminate against any individual or group.

Video surveillance systems and recordings are subject to the Berkeley Police Department’s Immigration Law Policy, and hence may not be shared with federal immigration enforcement officials.

351.5 STORAGE AND RETENTION OF MEDIA
The cameras should record minim ally for one year as guided by Government Code 34090.

Recordings of incidents involving use of force by a police officer, detentions, arrests, or recordings relevant to a formal or informal complaint shall be retained for a minimum of two years and one month. Recordings relating to court cases and personnel complaints that are being adjudicated will be manually deleted at the same time other evidence associated with the case is purged in line with the Department’s evidence retention policy. Any recordings related to administrative or

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4 REVISED-351 External Fixed Video Surveillance Cameras (Final).docx civil proceedings shall be maintained until such matter is fully adjudicated, at which time it shall be deleted in line with the Department’s evidence retention policy, and any applicable orders from the court.
.

Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures.

351.5.1 EVIDENTIARY INTEGRITY
All downloaded and retained media shall be treated in the same manner as other evidence. Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital maskin g of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as available and appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.

351.6 RELEASE OF VIDEO IMAGES
Data collected and used in a police report shall be made available to the public in accordance with department policy and applicable state or federal law, also referenced in Policy 1304.8.

Requests for recorded video images from the public or the media shall be processed in the same manner as requests for department public records pursuant to Policy 804.

Requests for recorded images from other law enforcement agencies shall be referred to the Investigations Division Captain, or their designee for release in accordance with a specific and legitimate law enforcement purpose.

Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process.

351.7 VIDEO SURVEILLANCE AUDIT

The video surveillance software generates a site log each time the system is accessed. The site log is broken down by server, device, user or general access. The site log is kept on the server for two years and is exportable for reporting. System audits will be conducted by the Professional Standards Bureau’s Audit and Inspections Sergeant on a regular basis, at least biennial.

BPD will enforce against prohibited uses of the cameras pursuant to Po licy 1010, Personnel Complaints or other applicable law or policy.

The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected.

After review by the Chief of Police, the memorandum and any associated documentation shall be placed into the annual report filed with the City Council pursuant to BMC Section 2.99.020 2. d., published on the City of Berkeley website in an appropriate location, and retained within Professional Standards Bureau.

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5 REVISED-351 External Fixed Video Surveillance Cameras (Final).docx 351.8 TRAINING
All department members authorized to operate or access video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, associated software, and review of relevant policies and procedures, including this policy. Training should also address state and federal law related to the use of video surveillance equipment and privacy.

All relevant recordings that are utilized will be collected pursuant to Policy 802, Property and Evidence, and retained pursuant to Policy 804 Records and Maintenance.

351.9 MAINTENANCE
It shall be the responsibilityies of the Public Works Department to facilitate and coordinate any updates and required maintenance.

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Published with permission by Berkeley Police Department

Berkeley Police Department
Law Enforcement Services Manual

Surveillance Use Policy-External Fixed Video
Surveillance Cameras
1304.1 PURPOSE
This policy provides guidance for the use of City of Berkeley external fixed video surveillance cameras by the Berkeley Police Department (BPD). This policy only applies to fixed, overt, marked external video surveillance systems utilized by the Department. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Department. Department Personnel shall adhere to requirements for External Fixed Video Surveillance Cameras covered in this policy as well as the corresponding Use Policy – 351.

This Surveillance Use Policy is legally-enforceable pursuant to BMC 2.99.

1304.2 AUTHORIZED USE
Only BPD members who receive training on this policy, who are then granted access by an administrator may access the data from the video surveillance cameras. This data may only be accessed to further a legitimate law enforcement purpose. Members must follow the necessary logging mechanisms, such as case number and case type when querying the database.

Recorded images may be used for a variety of purposes, including criminal or civil investigations. The video surveillance system may be useful for the following purposes:
(a) To prevent, deter and identify criminal activity.
(b) To address identified areas of criminal activity.
(c) To respond to critical incidents.
(d) To assist in identifying, apprehending and prosecuting offenders. (e) To document officer and offender conduct during interactions to safeguard the rights of the public and officers.
(f) To augment resources in a cost-effective manner.
(g)(f) To monitor pedestrian and vehicle traffic activity in order to assist with traffic related investigations.
(h)(g) To document City of Berkeley employee, employer, and/or customer conduct during interactions to safeguard the City of Berkeley employee, employer, and customer from misconduct

The following are prohibited uses of the video surveillance system:
(a) Unauthorized recording, viewing, reproduction, dissemination or retention is prohibited.

(b) Video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.

(c) Video surveillance systems shall not be used in an unequal or discriminatory manner and shall not target protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation.

Policy
1304

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Published with permission by Berkeley Police Department

(d) Video surveillance equipment shall not be used to harass, intimidate or discriminate against any individual or group.

(e) Video surveillance systems and recordings are subject to the Berkeley Police Department’s Immigration Law Policy, and hence may not be shared with federal immigration enforcement officials.

1304.3 DATA COLLECTION
The cameras will film and store video on City of Berkeley encrypted servers. License plate and facial recognition data hardware is not installed on the cameras. Audio is a standard feature of the camera, but is deactivated by the system administrator. The cameras and storage devices shall be wholly owned and operated/maintained by the City of Berkeley.

1304.4 DATA ACCESS
Access to video surveillance cameras data shall be limited to Berkeley Police Department personnel utilizing the camera database for uses described above, with technical assistance from Public Works personnel. Information may be shared in accordance with 1304.9 below.

Members seeking access to the video surveillance system shall seek the approval from the Investigations Division Captain, or their designee.

1304.5 DATA PROTECTION
All data transferred from the cameras and the servers shall be encrypted. Access to the data must be obtained through the Public Works Department. All system access including system log-in, access duration, and data access points is accessible and reportable by the Public Works Department’s authorized administrator. All relevant recordings that are utilized will be collected pursuant to Policy 802, Property and Evidence, and retained pursuant to Policy 804 Records and Maintenance.

1304.6 CIVIL LIBERTIES AND RIGHTS PROTECTION
The Berkeley Police Department is dedicated to the most efficient utilization of its resources and services in its public safety endeavors. The Berkeley Police Department recognizes the need to protect its ownership and control over shared information and to protect the privacy and civil liberties of the public, in accordance with federal and state law. Provisions of this policy, including 1304.4 Data Access, 1304.5 Data Protection, 1304.7 Data Retention, 1304 .8 Public Access and 1304.9 Third Party Data Sharing serve to protect against any unauthorized use of video surveillance camera data. License plate and facial recognition data hardware is not installed on the cameras. Audio is a standard feature of the camera, but is deactivated by the system administrator. These procedures ensure the data is not used in a way that would violate or infringe upon anyone’s civil rights and/or liberties, including but not limited to potentially disparate or adverse impacts on any communities or groups. 1304.7 DATA RETENTION
The video surveillance camera system should record minimally for one year as guided by Government Code 34090. Recordings of incidents involving use of force by a police officer, detentions, arrests, or recordings relevant to a formal or informal complaint shall be retained for a minimum of two years and one month. Recordings relating to court cases and personnel complaints that are being adjudicated will be manually deleted at the same time other evidence associated with the case is purged in line with the Department’s evidence retention policy. Any recordings related to administrative or civil proceedings shall be maintained until such matter is fully adjudicated, at which time it shall be deleted in line with the Department’s evidence retention policy, and any applicable orders from the court. All data will automatically delete after the aforementioned retention period by the System Administrator from Public Works.

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Published with permission by Berkeley Police Department

Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures.

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Published with permission by Berkeley Police Department

Berkeley Police Department
Law Enforcement Services Manual

Surveillance Use Policy-External Fixed Video Surveillance Cameras 1304.8 PUBLIC ACCESS
Data collected and used in a police report shall be made available to the public in accordance with department policy and applicable state or federal law.

Requests for recorded video images from the public or the media shall be processed in the same manner as requests for department public records pursuant to Policy 804.

Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process.

1304.9 THIRD-PARTY DATA-SHARING
Requests for recorded images from other law enforcement agencies shall be referred to the Investigations Division Captain, or their designee for release in accordance with specific and legitimate law enforcement purposes.

Data collected from the video surveillance system may be shared with the following:
(a) The District Attorney's Office for use as evidence to aid in prosecution, in accordance with laws governing evidence;
(b) Other law enforcement personnel as part of an active criminal investigation; (c) Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process

1304.10 TRAINING
All department members authorized to operate or access video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, associated software, and review of relevant policies and procedures, including this policy.

Training should also address state and federal law related to the use of video surveillance equipment and privacy.

All relevant recordings that are utilized will be collected pursuant to Policy 802, Property and Evidence, and retained pursuant to Policy 804 Records and Maintenance.

1304.11 AUDITING AND OVERSIGHT
The video surveillance software generates a site log each time the system is accessed. The site log is broken down by server, device, user or general access. The site log is kept on the server for two years and is exportable for reporting. Video surveillance system audits will be conducted by the Professional Standards Bureau’s Audit and Inspections Sergeant on a regular basis, at least biennial.

BPD will enforce against prohibited uses of this policy pursuant to Policy 1010, Personnel Complaints or other applicable law or policy.

The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be placed into the annual report filed with the City Council pursuant to BMC Section 2.99.020 2. d., published on the City of Berkeley website in an appropriate location, and retained within Professional Standards Bureau.

1304.12 MAINTENANCE

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It shall be the responsibilityies of the Public Works Department to facilitate and coordinate any updates and required maintenance.

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PUBLIC WORKS DEPARTMENT SURVEILLANCE ACQUISITION REPORT

Surveillance Camera Acquisition Report 1

SURVEILLANCE CAMERAS
A. DESCRIPTION
The Avigilon camera system consists of three main components: The camera, the server, and a remote information management system referred to as the Avigilon Control Center Client application (ACC).

The first component, the Avigilon camera, is a device that incorporates a video recording from an image. The cameras are affixed to City of Berkeley-owned infrastructure including utility poles on City streets and parks. The cameras provide protection to indoor and outdoor spaces with high-resolution images of up to 5 MP, a wide field of view , and efficient bandwidth management in a compact design without compromising building aesthetics. Although license plate and facial recognition hardware is available, neither was purchased or installed. Without the hardware, these features cannot be activated. Audio is a standard feature of the camera, but will remain deactivated by the authorized administrators of the system.

The second component of the system is the server . Once the Avigilon camera captures the imagery, a local device called a server, functions as a repository for the data. Servers are physically secured on City property and video recordings are protected within the City’s network. Servers are designed to store recorded events in real time for secure retrieval and analysis. Recorded videos are transferred from t he server’s storage into an information management system, Avigilon Control Center (ACC) application. 1.

1 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200320040AB839

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Surveillance Camera Acquisition Report 2

The third component is the Avigilon Control Center Client application (ACC) which streamlines data management and allows users to access videos on one secure platform. The ACC software provides various levels of analytics to sort stored videos faster and is a standard feature. These include pixel motion detection of vehicles and people. Vehicular characteristics are searchable by vehicle type and color. Personal characteristics are searchable by gender (gender is a binary search, female of male) , hair color, age, and upper and lower body clothing color. Authorized users of the system can only access data stored on a server through the ACC application. The ACC application is located on the server and accessed solely through the City’s secured intranet by protected login and password. The application does not allow the authorized administrator or system users to alter, manipulate, or edit any of the footage recorded by the server.

B. PURPOSE
Surveillance cameras will be utilized for the following business purposes:
i. To prevent, deter and identify criminal activity.
ii. To address identified areas of criminal activity.
iii. To respond to critical incidents.
iv. To assist in identifying, apprehending and prosecuting offenders. v. To document officer and offender conduct during interactions to safeguard the rights of the public and officers.
vi. To augment resources in a cost-effective manner.
vii.vi. To monitor pedestrian and vehicle traffic activity in order to assist with traffic related investigations.
viii.vii. To document City of Berkeley employee, employer, and/or customer conduct during interactions to safeguard the City of Berkeley employee, employer, and customer from misconduct
C. LOCATION
Surveillance cameras encompassed by this report, are located at, or will be installed at, the following locations.

Future Projects:
• 6th Street at University Avenue

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Surveillance Camera Acquisition Report 3

• San Pablo Avenue at University Avenue
• 7th Street at Dwight Way
• San Pablo Avenue at Dwight Way
• 7th Street at Ashby Avenue
• San Pablo Avenue at Ashby Avenue
• Sacramento Street at Ashby Avenue
• College Avenue at Ashby Avenue
• Claremont Avenue at Ashby Avenue
• 62nd Street at King Street
Completed Projects:
• San Pablo Park
• City of Berkeley Marina
• Transfer Station
D. IMPACT
The primary intent of these cameras is to deter and address crime in the City of Berkeley. The Public Works Department will work to ensure that the video recordings are secured and o nly accessible to authorized personnel. The right to maintain someone's anonymity versus the need to collect information to maintain public safety is of paramount concern. The Department recognizes that all people have a right to privacy and is committed to protecting and safeguarding civil rights by adhering to the strictest requirements concerning the release of video recordings. There should not be any impact on anyone's civil liberties or civil rights. The camera system lacks the hardware to conduct license plate reader or facial recognition technology. Audio is a standard feature of the cameras, but will remain deactivated by the authorized administrators of the system. Staff is explicitly prohibited from using any facial recognition technology as outlined in BMC 2.99.

The Public Works Department will ensure responsible data management, transparency, and accountability including the posting of video surveillance notices.

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Surveillance Camera Acquisition Report 4

E. MITIGATION
In order to minimize violations of privacy , data shall be maintain ed in a secure, non -public accessible location, such locations requir e specialized system access including a dedicated password and log in. Data will be obtained or released in accordance with the use policy. Data will n ot be used to unlawfully discrimina te against people based on race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, gender identity, disability status, sexual orientation or activity, or genetic and/or biometric data. Additionally, the Department will not use the camera surveillance system to scan footage and identify individuals based on any of the categories listed in the preceding sentence.

Employees are prohibited from retaining, duplicating, or distributing video recordings except for departmental business purposes in accordance with the use policy.

F. DATA TYPES AND SOURCES
The surveillance camera system's use is limited to capturing non-audio, video recordings on affixed City buildings, including utility poles on streets and within park boundaries. The Camera Surveillance system collects video recordings in high-resolution imagery that is stored securely on a local server and accessible by auth orized users on the ACC application. As video images are recorded, t he ACC application automatically stamps the video with the current date/time and the camera's identity.

G. DATA SECURITY
External users will not have access to the ACC application. The authorized administrator and designated staff will have access to video recordings. To gain system access, staff must obtain approval from system management. Authorized users will access the ACC application via a single sign -on and password administered by Information Technology . All system access including system log-in, access duration, and data access points is accessible and reportable by the Public Works authorized administrator . The application prohibits the authorized administrator and users from altering, manipulating, tampering, or editing video recordings.

The Public Works Director or his/her designee shall appoint a member of the department as the authorized administrator to coordinate the use and maintenance of the Surveillance Camera system and the storage of recordings, including:

1. Establishing a system for downloading, storing, and securing of recordings.

2. Designating persons responsible for downloading recorded data.

3. Establishing a maintenance system to ensure the working order of surveillance cameras.

4. Monitoring the system to prevent tampering, deleting, and copying recordings.

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Surveillance Camera Acquisition Report 5

5. Working in alignment with the State of California record retention policy, AB 839 to ensure an appropriate retention schedule is being applied to recordings and associated documentation.

6. Maintaining an audit trail record for all access to video recording files , wherein access information for each file is logged using a secure log -in system. The ACC application associates an audit trail record with each user access information , thereby logging the date, time, user name, and activity occurring during each video recording file access.

H. FISCAL COST
Costs for future projects listed in Section C of this report are unknown at this time. Future costs will depend on additional maintenance, equipment, and parts. Ongoing costs include associated staff time relative to the system administrator’s role of administering and maintaining the surveillance camera program. All cameras are purchased and wholly owned and operated by City of Berkeley.

Initial Purchase Costs:

San Pablo Park: $64,829.46 – 1 server and 21 camera views Zero Waste Transfer Station – Weigh Station: $15,962.35 – 1 server and 10 camera views Marina: $106,620.14 – 2 servers and 45 camera views

Ongoing Costs:

Personnel, maintenance, and other ongoing costs, including compliance and other reporting and oversight requirements - $13,443.20 per year.

I. THIRD PARTY DEPENDENCE AND ACCESS
All Camera Surveillance data is accessed by a secure network login and password and stored on servers maintained by the Department of Information Technology . There is no third -party dependence or external access to information other than the ACC is a proprietary technology which requires all the components to be Avigilon.

J. ALTERNATIVES
The City can decide to rely on traditional policing techniques as a method for addressing crime such as deploying sworn officers to patrol City buildings and parks.

There is a broad consensus – among the community– that surveillance cameras can be an important tool for deterring criminal activities.

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Surveillance Camera Acquisition Report 6

K. EXPERIENCE OF OTHER ENTITIES
Neighboring cities including San Francisco, Oakland, and San Jose have adopted the use of Surveillance Cameras as a tool for reducing crime on city streets and parks. Many cities have developed their own usage policies which may include standards for use, data retention standards, and system controls.

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Berkeley Police Department
Law Enforcement Services Manual

Unmanned Aerial System (UAS) Operations
611.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.

This policy is intended to be the Use Policy, however all aspects of the Surveillance Use Policy, 1303 which corresponds with the Unmanned Aerial System is equally applicable. Department Personnel shall adhere to requirements for Unmanned Aerial Systems covered in this policy as well as the corresponding Surveillance Use Policy – 1303.

611.1.1 DEFINITIONS
Definitions related to this policy include:

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means.

611.2 POLICY
Unmanned aerial systems may be utilized for the purpose of enhancing the department's mission of protecting lives and property by enabling remote surveillance and monitoring in the situations specified in 611.5 below when other means and resources are not available or are less effective.

Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. All uses of the UAS shall be reported in compliance with the Surveillance Technology Ordinance, BMC 2.99.

All requests and deployments shall be reporte d annually in the Surveillance Technology Report as outlined in BMC 2.99.070. Additionally, the Department shall publish data regarding th e specific requests and deployments on the Department’s transparency portal within 14 days of use.

611.3 PRIVACY
The use o f the UAS potentially involves privacy conside rations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would ha ve a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reason able precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Policy
611

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Berkeley Police Department
Law Enforcement Services Manual
Unmanned Aerial System (UAS) Operations
. .

611.4 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. • To harass, intimidate, or discriminate against any individual or group. • To conduct personal business of any type.

The UAS shall not be weaponized.

611.5 AUTHORIZED USE
The use of a UAS shall only occur as the result of a mutual assistance request, and no BPD personnel will be allowed to operate a UAS. UAS may only be requested for the purpose of remote surveillance and monitoring in the following specified situations:
(a) Mass casualty incidents (e.g. large structure fires with numerous casualties, mass shootings involving multiple deaths or injuries);
(b) Disaster management;
(c) Missing or lost persons;
(d) Hazardous material releases;
(e) Sideshow events where many vehicles and reckless driving is present; (f) Rescue operations;
(g) Training;
(h) Hazardous situations which present a high risk to officer and/or public safety, to include:
i. Armed suicidal persons;
ii. Hostage situations;
iii. Barricaded suspects;
(i) Arrest of armed and/or dangerous persons
(j) Service of high-risk search and arrest warrants involving armed and/or dangerous persons
(k) Other unforeseen exigent circumstances.

Unmanned Aerial Systems shall only be utilized for law enforcement purposes.

611.6 REQUEST PROCESS
Pursuant to BMC 2.99, the Surveillance Technology Ordinance governing the use of drones, the following steps must occur to seek permission to temporarily use a drone. The requests shall be made to the City Manager via the Chain of Command, as follows:

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Berkeley Police Department
Law Enforcement Services Manual
Unmanned Aerial System (UAS) Operations
. .

(a) All requests shall be routed to the Watch Commander, if they are not available, the Duty Command Officer (DCO)
(b) The Watch Commander or DCO should contact the Chief of Police, or the Acting Chief of Police in his/her absence.
(c) The Chief of Police, Acting Chief of Police, or in exigent circumstances the DCO shall obtain approval from the City Manager authorizing the use of a Drone. The City Manager is responsible for logging the use and ensuring the notifications and reporting requirements are met pursuant to BMC 2.99.040.

611.7 RETENTION OF UAS DATA
If available, any data collected by the use of a UAS should be purged by BPD within 60 days if it doesn't contain any data of evidentiary value. If the data has evidentiary value, it should be uploaded into BPD's evidence database and kept pursuant to the established retention guidelines set forth in policy 804-Records Maintenance and Release.

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Published with permission by Berkeley Police Department

Berkeley Police Department
Law Enforcement Services Manual

Surveillance Use Policy-Unmanned Aerial
System (UAS)
1303.1 PURPOSE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.

Department Personnel shall adhere to requirements for Unmanned Aerial Systems covered in this policy as well as the corresponding Use Policy – 611.

1303.2 AUTHORIZED USE
The use of a UAS shall only occur as the result of a mutual assistance request, and no BPD personnel will be allowed to operate a UAS. UAS may only be requested for the purpose of remote surveillance and monitoring in the following specified situations:
(a) Mass casualty incidents (e.g. large structure fires with numerous casualties, mass shootings involving multiple deaths or injuries);
(b) Disaster management;
(c) Missing or lost persons;
(d) Hazardous material releases;
(e) Sideshow events where many vehicles and reckless driving is present (f) Rescue operations;
(g) Training;
(h) Hazardous situations which present a high risk to officer and/or public safety, to include:
i. Armed suicidal persons;
ii. Hostage situations;
iii. Barricaded suspects;
(i) Arrest of armed and/or dangerous persons
(j) Service of high-risk search and arrest warrants involving armed and/or dangerous persons
(k) Other unforeseen exigent circumstances
Unmanned Aerial Systems shall only be utilized for law enforcement purpose.

1303.3 DATA COLLECTION
If equipped, it shall be the request on all BPD deployments that the “video recording only” function of the UAS be activated whenever the UAS is deployed, and deactivated whenever the UAS deployment is completed. The UAS operator will rely on SD Cards for video recordings.

Policy
1303

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Berkeley City CouncilMay 23, 2023

Berkeley City Council
May 23, 2023