Agenda packet, first session — Berkeley City Council, October 10, 2023

Tuesday, October 10, 2023 REVISED AGENDA Page 1

R E V I S E D AG E N D A
( A D D E D C O N T I N U E D I T EM S F R O M O C T O B E R 3 , 2 0 23)

BERKELEY CITY COUNCIL MEETING
Tuesday, October 10, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1611670896. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be a nonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 161 167 0896. If you wish to comment during the public comment po rtion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in -person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record , email [email protected].

This meeting will be conducted in accordance with the Brown Act, Governm ent Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect . Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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Tuesday, October 10, 2023 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from t he use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. P ersons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

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Tuesday, October 10, 2023 REVISED AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their o fficial capacity when addressing the Council in open session or workshops.

Consent Calendar – Continued Business

A. Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development (Continued from October 3, 2023)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,888-N.S. amending Berkeley Municipal Code (BMC) Title 23, and repealing BMC Chapter 12.99, relating to Accessory Dwelling Units and Junior Accessory Dwelling Units.

First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Robinson, Humbert, Arreguin; Noes – None; Abstain – Hahn, Wengraf.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Consent Calendar

1. ***Item Removed by the City Manager*** City Council Rules of Procedure and Order Revisions
From: City Manager
Contact: Mark Numainville, City Clerk, (510) 981-6900

2. Write-Off of a Delinquent Revolving Loan Fund (RLF) Balance of $25,000 Owed by Kidventurez, Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the write-off of the outstanding loan balance of $25,000 owed by Kidventurez Inc. to the City’s federally-funded Revolving Loan Fund (RLF) in accordance with the RLF Administrative Plan.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

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Consent Calendar
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3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 10, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

4. Revenue Contracts: Aging Services Programs, Fiscal Years 2024 - 2026 From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager or her designee to execute any resultant revenue agreements and amendments with Alameda County to provide congregate and home-delivered meals, family caregiver support, senior center activities and information and assistance services to seniors for the following programs for Fiscal Year 2024 thru Fiscal Year 2026 (FY2024- FY2026):
a. Congregate Meals in an amount not to exceed $213,000; b. Home Delivered Meals in an amount not to exceed $440,000; c. Family Caregiver Support Program in an amount not to exceed $126,500; d. Senior Center Activities in an amount not to exceed $136,000; and e. Information and Assistance Services in an amount not to exceed $460,000.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

5. Develop and maintain Homelessness Prevention reporting module in City Data Services for Streamlined Community Agency Contract Administration and Monitoring
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100038 with City Data Services (CDS) to allocate $10,760 to develop and maintain a Homelessness Prevention module in the online data management system utilized by the Department of Health, Housing and Community Services (HHCS) for a total contract not to exceed amount of $139,400.

Financial Implications: General Fund - $10,760
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6. Establish Classification and Salary Range – Graphic Designer From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented classification and salary range of Graphic Designer as outlined, with an hourly range of $39.5233 - $48.5000 and an annual salary range of $82,208.4870 - $100,880.0000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

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Consent Calendar
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7. Contract: EdgeSoft for Data Automation Services and Support for Toxics Management Division
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments which align with the City of Fremont’s existing contract and any amendments with EdgeSoft Inc., to provide data automation services and support for the Toxics Management Division from December 1, 2023 until November 31, 2028 in an amount not to exceed $128,375.

Financial Implications: CUPA Fund - $128,375
Contact: Jordan Klein, Planning and Development, (510) 981-7400

8. Contract: Flock Safety to Provide ALPR Cameras Services Pursuant to Resolution No. 71,013-N.S.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Flock Safety to provide Automated License Plate Reader (ALPR) cameras services for the Berkeley Police Department (BPD), in an amount of $344,500 for a total contract amount not to exceed $425,000, and extending the term for a period of time of two years from the date of implementation.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

9. Contract No. 32300191 Amendment: Pacific Site Management: Landscaping Services for Public Works and Health, Housing, and Community Services Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300191 with Pacific Site Management to increase the spending authority by $150,000 for a total not to exceed $260,000.

Financial Implications: See Report.

Contact: Liam Garland, Public Works, (510) 981-6300

10. Contract No. 108037-1 Amendment: MSR Mechanical, LLC for on-call heating, ventilation and air conditioning services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an Amendment to Contract No. 108037-1, with MSR Mechanical LLC: to increase the contract amount by $350,000 for a total contract amount not to exceed $480,000; and to extend the contract term through June 30, 2025.

Financial Implications: Various Funds - $350,000
Contact: Liam Garland, Public Works, (510) 981-6300

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Consent Calendar
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11. Grant Application: Safe Routes to BART Grant Program for the Ohlone Greenway Modernization and Safety Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to: Submit a grant application to Bay Area Rapid Transit (BART) to receive up to $3 million from the Safe Routes to BART (SR2B) Grant Program to help close the funding gap for construction of safety-related improvements to the Ohlone Greenway shared-use pathway as part of the Ohlone Greenway Modernization and Safety Project; Accept the grants awarded; and Execute any resultant agreements and amendments.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

12. Purchase Order: Western Truck Center for Four Front Loaders From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase of four (4) Front Loaders with Western Truck Center in an amount not to exceed $2,050,000.

Financial Implications: Equipment Replacement Fund - $2,050,000 Contact: Liam Garland, Public Works, (510) 981-6300

13. Renewal of the Elmwood Avenue BID for Calendar Year 2024 From: Elmwood Advisory Board
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2023 Annual Report and preliminary budget for proposed improvements in the District for calendar year 2024; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2024 and 3) direct the City Clerk to schedule a public hearing on the renewal and expansion of the assessment area for November 14, 2023.

Financial Implications: See report
Contact: Kieron Slaughter, Commission Secretary, (510) 981-7530

14. Renewal of the Solano Avenue BID for Calendar Year 2024 From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2023 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2024; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2024; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 14, 2023.

Financial Implications: See report
Contact: Vincent McCoy, Commission Secretary, (510) 981-7530

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Action Calendar
Tuesday, October 10, 2023 REVISED AGENDA Page 7
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Continued Business

B. Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention (Continued from October 3, 2023) From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

Information Reports

15. Fiscal Year 2024 Civic Arts Grant Awards
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or ap prove (Gov. Code 65009(c)(5)) a use permit or variance 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 use permit or variance, 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.

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Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the 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 to the City Clerk Department at 2180 Milvia Street. 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 Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
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Tuesday, October 10, 2023 REVISED AGENDA Page 9
I hereby certify that the agenda for this meeting 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 October 5, 2023.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Fire Lessons

1. Barbara Gilbert

2. Susan Nunes

3. Kelly Hammargren

Parking Enforcement

4. Jesse McCaffrey

Camping in Parks

5. David Lerman

Waterfront Specific Plan

6. Robert Ofsevit

Southside Complete Streets

7. Dan Auten

Hazardous Waste Drop-off

8. David Lerman

Ohlone Path

9. Carol Denney

Bio Labs

10. Anne Herrick (2)

11. Biolab Watch

Cannabis Assessment

12. Ryan Whitacre

Golden Gate Fields

13. Judd Goodman

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Crime

14. Melissa Jones

15. Nina Lyons

Event Signage

16. Isabella

Paving Funding

17. Eric Friedman

Signs Creating Blight

18. Justine Tenzeldam

Cycling and Pedestrian Upgrades

19. Heather Ball

Parking Ticket Error

20. Constance Hale

Electric Micromobility Permit

21. Todd Andrew

Trash Bills

22. Paul Worthman

Berkeley Today Event Invite

23. Beth Roessner, on behalf of Berkeley Chamber

URL’s Only

24. Vivian Warkentin
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Ordinance No. 7,888-N.S. Page 1 of 22
ORDINANCE NO. 7,888-N.S.

REPEAL OF THE WILDFIRE HAZARD EVACUATION RISK MITIGATION ORDINANCE (BMC 12.99), AND AMENDMENTS TO THE RULES OF MEASUREMENT (BMC

23.106), ACCESSORY DWELLING UNIT (ADU) ORDINANCE (BMC 23.306), PARKING AND LOADING (BMC 23.322), EXEMPTIONS TO NONCONFORMING USES, STRUCTURES, AND BUILDINGS (BMC 23.324.060), AND DEFINED TERMS (BMC

23.502.020) RELATING TO ADUS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. General Findings
A. California Government Code Sections 65852.1, 65852.2 and 65852.22 provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use.

1. California Government Code Section 65852.2(d)(1)(A) and (j)(11) finds that a local agency shall not impose any parking standards for an accessory dwelling unit where the accessory dwelling unit is located within one half-mile walking distance of public transit.

2. California Government Code Section 65852.2(c)(2)(D)(ii) uses the proximity of parcels to major transit stops and high quality transit corridors as defined in Section 21155 of the California Public Resources Code.

B. Accessory dwelling units are statutorily exempt from the California Environmental Quality Act by Guidelines Section 15282(h).

C. Policy H-18 of the City of Berkeley’s 2023-2031 Housing Element encourages the addition of accessory dwelling units on properties with single-family and multi-unit homes.

D. On October 17, 2022, the City received a letter from the State Department of Housing and Community Development (HCD) stating that the City’s current ADU ordinances (BMC Sections 23.306 and 12.99, the “Ordinances”) do not comply with Government Code Section 65852.2.

1. HCD found a discrepancy between the definition of “Efficiency Kitchen” contained within Ordinance No. 7,797-N.S. (Chapter 23.306) and Government Code §65852.22(a)(6)(A) and requested that the City remove the sink requirement from its zoning definition, as well as the reference to a working refrigerator in the definition of a “Junior Accessory Dwelling Unit.”

2. Regarding Ordinance No. 7,799-N.S (Chapter 12.99), HCD found that the City did not make adequate findings with respect to ADU and Junior ADU

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Ordinance No. 7,888-N.S. Page 2 of 22
development impacts on traffic flow and public safety when the City adopted limitations on ADU and Junior ADU development in the Hillside Overlay zoning district.

E. In light of the HCD’s letter, Policy H-18 of the City of Berkeley’s 2023-2031 Housing Element, and Government Code Sections 65852.1, 65852.2 and 65852.22, the Planning Commission held a public hearing on May 3, 2023, to consider proposed amendments to Title 23 relating to ADUs. The Commission unanimously recommended staff’s proposal with three modifications, which were incorporated with modifications into the proposed amendments: (1) Regulating bay window and balcony projections using setback requirements; (2) Revising Neighbor Noticing requirements to subject property tenants; (3) Permitting ADUs to reach maximum allowable height without requiring an Administrative Use Permit.

Section 2. Specific Findings
A. The intent of Berkeley’s Hillside Overlay zone, as set forth in BMC 23.210.020, is to protect the safety and health of residents in an area comprised of Berkeley’s Very-High Fire Hazard Severity Zones and Wildland-Urban Interface (WUI) Fire Areas. The Hillside Overlay has unique conditions, including limited transit access, steep topography, proximity to forested wild land, and vegetation that create a high risk of wildfires, earthquakes, and landslides. These hazards put residents of the Hillside Overlay at greater risk than residents of other parts of the City.

1. On December 10, 2019, the City adopted a Hazard Mitigation Plan that identifies Earthquake and Wildland-Urban Interface Fire as "Likely" and "Catastrophic" events.

2. The earthquake risk in the Hillside Overlay is exceptionally high because the Hayward Fault bisects the Hillside Overlay, traversing the full length of these zones, with violent (Level 9 of 10) shaking predicted in the US Geologic Services Hayward Fault earthquake scenario (HayWired).

3. The 2014 Working Group on California Earthquake Probabilities calculated that there is a 33 percent likelihood of a large (magnitude 6.7 or greater) earthquake occurring on the Hayward Fault within three decades.

On March 9, 2015, a report published by the U.S. Geological Survey found that the Bay Area has a 72 percent chance of having at least a magnitude

6.7 earthquake in the same time period.

4. The risk of a wind-driven wildfire is also very high within the Hillside Overlay because of the City’s unique topography, which is flat along the San Francisco Bay in the west but turns into steeper, sloped terrain approaching 1,000 feet in elevation along the City’s eastern edge, as well as strong winds that develop in the late spring and early fall.

Vegetation/wildland fires tend to burn more intensely and spread faster

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Ordinance No. 7,888-N.S. Page 3 of 22
when burning uphill and up-canyon, unless they are wind-driven, which can then cause intense and rapid burning downhill.

5. The high fire risk within the Hillside Overlay is demonstrated by Berkeley’s history of catastrophic wildfires. Wildfires that occurred in Berkeley in 1905, 1923, 1946, 1970 and 1991 resulted in loss of injury, loss of life, extensive damage and destruction of property and enormous economic impacts. The two most notable are:
i. In 1923, a wildfire swept out of Tilden Park through Berkeley, ultimately destroying approximately 600 homes, as well as churches, schools, libraries, and student living quarters. At that time, the population of Berkeley was 52,000. One thousand residents were displaced or left homeless. The fire traveled across the then sparsely populated ridge line to what is now Tunnel Road and down to the intersection of Shattuck and Hearst in the downtown.
ii. In 1991, the Tunnel Fire burned over 1,500 acres, claiming 25 lives and destroying approximately 3,000 structures in southeast Berkeley and Oakland. Had the wind direction not shifted, many more people could have died, and more of Berkeley would have been destroyed.

6. The number of large wind-driven wildfires will only continue to grow as the climate changes. According to CalFIRE, 14 of the 20 most destructive California wildfires ever recorded have occurred in the past 10 years. In the 67 years between 1932 and 1999, 572,000 acres burned in California.

In the 20 years from 2000 to 2020, over 4,000,000 acres have burned.

B. Structure Separation Distance (SSD) is related to the number of structures per acre. These are two measurements that play a key role in affecting the speed of a fire’s spread. According to recognized industry models from the National Institute of Standards and Technology (NIST), California Department of Forestry and Fire Protection (CAL FIRE), and Insurance Institute for Business & Home Safety (IBHS), the closer together two structures are situated, and the higher the number of structures per acre, the higher the likelihood that a fire will rapidly spread between structures, creating a risk of a large-scale urban conflagration.

1. SSD is categorized into three risk profiles; Low Density with an SSD of greater than 50 feet, Moderate Density with an SSD of 25 feet to 50 feet, and High Density with an SSD of less than 25 feet.

2. The majority of the Hillside Overlay in in the highest risk category with less than 25 feet SSD between structures. Over 3,000 structures in the Hillside Overlay have less than 11 feet of separation and over 1,700 structures have less than 5.5 feet SSD. High-density communities with closely spaced structures create a high risk of rapid, uncontrolled fire spread.

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Ordinance No. 7,888-N.S. Page 4 of 22

3. The structural density of a Wildland Urban Interface is categorized into one of seven risk profiles with the highest-density communities having 8 housing units per acre (HU/ac), and being 320 times denser than the lowest-density WUI areas, which have 0.02 HU/ac (1 HU on 40 acres).

Almost the entire Hillside Overlay is in one of the two highest risk categories with between 4 and 6 structures per acre.

4. As more open space on a parcel is filled with structures, fire can spread along features including primary structures, auxiliary structures, fences, wood piles, decks, and vehicles. This fuel agglomeration may have an impact on structure-to-structure fire spread during an urban, wind-driven conflagration.

5. On June 10, 2021, a study published by UC Berkeley researchers concluded that continued development in the wildland-urban interface will make California’s supply of housing more vulnerable, undermine state efforts to curb carbon emissions, further degrade the state’s wildland habitats, and create fiscal challenges for state and local governments in the event of post-disaster recovery.

C. Due to the risk of earthquakes, fires, and other hazards, it is essential that emergency responders have ready accessibility to injured persons and damaged property, and that residents be able to evacuate quickly and efficiently.

Nonetheless, conditions within the Hillside Overlay combine to compromise emergency access egress and accessibility for emergency responders.

1. A majority of streets in the Hillside Overlay are less than 26 feet in width, and include conditions such as steep slopes, sharp curves and acute- angled corners. This increases the chance that, in the event that a large- scale evacuation is initiated, residents will become trapped in clogged exiting traffic and succumb to smoke, heat and fire, as seen in recent wildfires.

2. The majority of transit within the Hillside Overlay does not meet the definition of major transit stops and high quality transit corridors as defined in Section 21155. Bus service (AC Transit Lines 7, 65 and 67) runs at headways of 30 minutes or longer, with limited or no service on evenings, weekends and holidays. The lack of available transit exacerbates the hazardous conditions that currently exist with respect to traffic flow and public safety in the likely event of a catastrophic wildfire or earthquake.

3. Increased vehicle density will add to these risks, as the Hillside Overlay does not have the capacity to have additional vehicles parked on the street without jeopardizing access and ingress during emergencies. On August 10, 2021, a study published by UC Berkeley researchers concluded that in the best-case scenario, if each household evacuated from the Berkeley hills with one vehicle, estimated evacuation time would be two hours and 245 vehicles would be exposed to immediate fire danger. However, if each household evacuated with 1.7 vehicles,

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evacuation time would increase to three hours and 782 vehicles would be exposed to immediate fire danger.

D. All of these conditions necessitate reasonable limitations on development, including on ADUs, within the Hillside Overlay in order to reduce exposure to hazardous conditions.

Section 3. That Berkeley Municipal Code Chapter 12.99 is hereby repealed.

Section 4. That Berkeley Municipal Code 23.106.020(B) is amended to read:

B. Exclusions. The lot coverage calculation excludes:

1. Uncovered porches, landings and stairs;

2. Uncovered decks, except that a deck on the roof of a building or accessory structure or over an enclosed space or paved ground area is included in the lot coverage calculation; and

3. The area of the roof of a subterranean structure, when such a structure is not more than 3 feet above finished grade.

4. The area of any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot. See 23.306 Accessory Dwelling Units.

Section 5. That Berkeley Municipal Code 23.106.030(D) is amended to read:

D. Excluded Areas. The following areas are excluded from gross floor area calculation:

1. Covered or uncovered areas used for off-street parking or loading spaces.

2. Driveways ramps between floors and maneuvering aisles of a multi-level parking garage.

3. Mechanical, electrical, and telephone equipment rooms below finished grade.

4. Areas which qualify as usable open space.

5. Arcades, porticoes, and similar open areas for non-residential uses which are:
(a) Located at or near street level;
(b) Accessible to the general public; and
(c) Are not designed or used as sales, display, storage, service, or production areas.

6. The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot. See 23.306 Accessory Dwelling Units.

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Section 6. That Berkeley Municipal Code 23.106.080(A) is amended to read:

A. Measurement. Building separation is measured as the distance between the surface of a main building or ADU’s outer wall and the outer wall surface of the closest building.

Section 7. That Berkeley Municipal Code 23.106.090(A)(1) through (3) is amended to read:

A. Average Building Height.

1. Average Building Height: The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building (or, in the case of residential additions, that portion of the lot covered by the addition) to the roof features shown in Table 23.106-1: Average Building Height Measurement. See Figure 23.106-4: Average Building Height.

2. Dormers are not included in the average building height calculation.

3. Attached accessory dwelling units are not included in the average building height calculation.

Section 8. That Berkeley Municipal Code 23.306 is amended to read:

Sections:

23.306.010– Purpose

23.306.020– Applicability

23.306.030– Development Standards

23.306.040– Permit Procedures

23.306.010 Purpose.

This Chapter establishes accessory dwelling unit (ADU) and junior accessory dwelling unit (Junior ADU) standards that:

A. Implement California Government Code Section 65852.1, 65852.2 and 65852.22.

B. Increase overall supply and range of housing options in Berkeley.

C. Expedite small-scale infill development.

D. Support Housing Element goals of facilitating construction of accessory dwelling units and increasing the number of housing units that are more affordable to Berkeley residents.

E. Encourage development of accessory dwelling units in zoning districts with compatible land uses and infrastructure.

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23.306.020 Applicability.

A. The provisions of this chapter apply to zoning districts where residential uses are permitted, on lots that have at least one existing or proposed Dwelling Unit or Group Living Accommodation that is not a Fraternity House, Sorority House or Dormitory.

B. Number Permitted. See Table 23.306-1—ADU and Junior ADU Maximum Number of Units per Lot.

C. Density Exemption. ADUs and Junior ADUs are not included in the minimum or maximum density established by the underlying zoning district.

TABLE 23.306-1—ADU AND JUNIOR ADU MAXIMUM NUMBER OF UNITS PER LOT Use, Primary ADU and Junior ADU, Maximum Per Lot
Single Family Dwelling, one unit on lot 1 ADU and 1 Junior ADU, both are permitted Single Family Dwelling, more than one
unit on lot
1 ADU
Duplex or Multi-Family Dwelling 2 detached ADUs and at least one interior ADU up to 25% of the total number of existing duplex or
multi-family dwelling units on the lot
Group Living Accommodation 1 ADU

23.306.030 Development Standards.

A. Basic Standards. See Table 23.306-2: ADU Development Standards.

TABLE 23.306-2. ADU DEVELOPMENT STANDARDS
Basic Standards Supplemental Standards
Gross Floor Area, Maximum
Studio or 1 bedroom 850 sq. ft.
2+ bedrooms 1,000 sq. ft.

23.306.030(A)(1);

23.306.030(A)(2);

23.306.030(A)(3)
Building Height, Maximum
Conversion Same as existing structure 23.306.030(A)(1);

23.306.030(A)(3)
Detached, New Construction 20 ft.

Attached, New Construction 25 ft. 23.306.030(A)(5);

23.306.030(A)(8)
Lot Line Setbacks, Minimum
Front of Interior Lot Same as underlying district
Front of Through Lot Same as underlying district or 10
ft. on the secondary frontage as
determined by the Zoning Officer
Rear 4 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.306.030(A)(3);

23.306.030(A)(4);

23.306.030(A)(6)
Building Separation for Detached ADU, Minimum

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Outside the Hillside Overlay 5 ft.

Within the Hillside Overlay 8 ft. 23.306.030(A)(7)
Required Off-Street Parking
Spaces
See 23.322.030– Required
Parking Spaces

1. Existing Building Conversion. An ADU created entirely through conversion with no modifications to the existing building envelope that exceeds the development standards for maximum gross floor area in Table 23.306-2. ADU Development Standards is allowed a physical addition of no more than 150 square feet. The addition must comply with maximum height and setback requirements.

2. Duplex or Multi-Family Dwelling Conversion. Interior ADU(s) must be created entirely through non-habitable residential portions of the existing main building that are not within the living space of a dwelling unit (e.g. basement, attic, garages, storage room).

3. Accessory Building or Accessory Structure Conversion. An ADU converted from a legally established accessory building or accessory structure is allowed to maintain non-conformity to the same location and dimensions of the existing accessory building or accessory structure, provided that the ADU meets fire and safety standards set forth in the California Building Standards Code adopted in BMC Title 19. Any physical additions to the existing accessory building or accessory structure shall comply with the development standards in Table

23.306-2 ADU Development Standards.

4. Front Setback, New Construction. An ADU shall not occupy area within the front setback, unless the requirement would preclude an ADU of 800 square feet.

Should an ADU require area within the front setback, the ADU shall maintain a minimum 10-foot setback from the front lot line, unless such setback would preclude an ADU of 800 square feet. If a 10-foot setback would preclude an ADU of 800 square feet, the ADU shall maintain a 5-foot setback from the front lot line.

If a 5-foot setback would preclude an ADU of 800 square feet, the ADU may be sited up to the front lot line.

5. Attached ADU. An ADU shall be considered attached if sharing a common wall with a primary dwelling.

6. Detached ADU Setback Exceptions. If there is a lesser setback allowed in

23.304.060-Accessory Buildings and Enclosed Accessory Structures for a comparable accessory building or accessory structure in the underlying zoning district, that setback shall apply.

7. Building Separation for Detached ADU. A minimum 8-foot separation is required within the Hillside Overlay, except where such separation would preclude an ADU of 800 square feet, in which case the minimum building separation shall be reduced to 5 feet.

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8. Attached ADU, New Construction Height. Attached ADUs with height up to 25 ft. allowed with a Zoning Certificate.

B. Junior ADUs.

1. Basic Standards. A Junior ADU shall be contained entirely within an existing or proposed single family dwelling or its attached garage, and have no more than 500 square feet in floor area.

2. Shared Sanitation Facility. If a Junior ADU shares a sanitary facility with a single- family dwelling, an internal connection between the Junior ADU and the main living area of the single family dwelling is required.

3. Junior ADU Floor Area. The Junior ADU gross floor area calculation excludes any shared sanitation facility with the single family dwelling.

C. Projections.

1. Outside of the Hillside Overlay. Chimneys, water heater enclosures, flues, heating and cooling equipment, eaves, cornices, canopies, awnings, bay windows, and balconies may project two feet into the required front and side setbacks, so long as there remains at least a two-foot setback from property lines. Bay windows and balconies may not project into a required rear ADU setback.

2. Within the Hillside Overlay. No projections shall be allowed within a required setback.

D. Rooftop Decks within the Hillside Overlay. Roofs on ADUs within the Hillside Overlay may not be designed, converted, or used as usable open space.

23.306.040 Permit Procedures.

A. Zoning Certificate. An application for an ADU or Junior ADU shall be allowed with a Zoning Certificate. Review must be completed within 60 days of submission of a completed application. A completed application must include evidence of compliance with this Chapter, including development standards, deed restrictions, and neighborhood noticing.

1. If an application to create an ADU or Junior ADU is submitted as part of a project that requires discretionary review, a Zoning Certificate for a building permit shall not be issued for the ADU or Junior ADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired. See

23.404.060(A) Post-Decision Provisions (Effective Dates).

2. Issuance of a Zoning Certificate shall not be denied for the construction or conversion of an ADU or Junior ADU that complies with the requirements of Government Code Section
65852.2(e)(1).

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3. Issuance of a Zoning Certificate for the construction or conversion of an ADU or Junior ADU shall not be denied based on the failure of an applicant to correct a nonconforming zoning condition.

B. Neighbor Noticing.

1. Scope and Timing of Notice. Notice of an ADU application shall be mailed to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the building permit application to the City.

2. Content of Notice. Notice shall provide the address of the project, allowable hours of construction, a link to the City’s ADU webpage, and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant.

3. Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.

C. Deed Restriction. The property owner shall file a deed restriction with the Alameda County Recorder which states:

1. The Junior ADU shall not be sold separately from the main building;

2. The ADU shall not be sold separately from the main building unless the conditions of BMC 23.306.040(D) ADUs Developed by a Qualified Nonprofit Developer are met;

3. The ADU and/or Junior ADU shall not be rented for a term that is shorter than 30 days; and

4. If the property includes a Junior ADU, the Junior ADU or the Single Family Dwelling in which the Junior ADU is located shall be owner-occupied.

D. ADUs Developed by a Qualified Nonprofit Developer. An ADU built or developed by a "qualified nonprofit corporation" may be sold or conveyed separately from the main building to a "qualified buyer," as such terms are defined in subdivision (b) of Section 65852.26 of the California Government Code. The ADU must be held pursuant to a recorded tenancy in common agreement recorded on or after December 31, 2021 that includes the following elements:

1. Delineation of all areas of the property that are for the exclusive use of a cotenant;

2. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, and improvements associated with the property;

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3. Procedures for dispute resolution among cotenants before resorting to legal action;

4. Allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies;

5. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the ADU or primary dwelling if the buyer desires to sell or convey the property;

6. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence; and

7. Affordability restrictions on the sale and conveyance of the ADU or primary dwelling that ensure the ADU and primary dwelling will be preserved for low- income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

8. If requested by a utility providing service to the primary residence, the ADU shall have a separate water, sewer, or electrical connection to that utility.

Section 9. That Berkeley Municipal Code 23.322.020(C) is amended to read:

C. Changes of Use.

1. Commercial Districts. In the Commercial Districts, off-street parking is required for a change in use only when the structure is expanded to include new floor area.

2. Manufacturing and R-SMU Districts.
(a) In the Manufacturing and R-SMU districts, off-street parking is required for a change in use only when:
i. The structure is expanded to include new floor area; and/or ii. The use is changed to one with a numerical parking standard greater than the district minimum.
(b) If the new use is changed to one with a higher numerical parking standard than the district minimum, the new use must provide the incremental difference between the two numerical parking standards. A higher numerical parking standard may be reduced to the district minimum as provided in Section 23.322.050(A)(2) (Change of Use).
(c) As used in this section, the “district minimum” parking requirement is:
iii. 2 spaces per 1,000 square feet of floor area in the Manufacturing Districts; and

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iv. 1 space per 1,000 square feet of floor area in the R-SMU district.

3. All Other Residential Districts. In all Residential Districts except for R-SMU, off- street parking spaces are required for all changes in use.

D. Location Exemption. Off-street parking spaces are not required for new uses or buildings, or an enlargement or intensification of an existing use or structure, that is located within 0.5 miles of a major transit stop, as defined by Section 21155 of the California Public Resources Code, unless otherwise authorized by Government Code Section 65863.2.

Section 10. That the section named; Residential Uses; in Berkeley Municipal Code Table 23.322-1, Required Off Street Parking in Residential Districts, within Berkeley Municipal Code 23.322.030, Required Parking Spaces, is amended to read:

TABLE 23.322-1: REQUIRED OFF-STREET PARKING IN RESIDENTIAL DISTRICTS Land Use Number of Required Off-street Parking Spaces
Residential Uses
Accessory Dwelling
Unit
Junior ADU: None required
ADU outside of Hillside Overlay: None required
ADU within Hillside Overlay: 1 per ADU unless the parcel satisfies the criteria in subdivision (d) of Government Code Section 65852.2, using the definition of public transit as established in subdivision (j)(11) of Government Code 65852.2.

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

R-3, R-4, and R-5 District (10 or more units): If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per 1,000 sq. ft. of gross floor area
All Other Districts: If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per unit
All Other Locations: None required
Dormitories, Fraternity
and Sorority Houses,
Rooming & Boarding
Houses, Senior
Congregate Housing
If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per each 5 residents, plus 1 for manager.

All Other Locations: None required.

Rental of Rooms
If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per each two roomers
All Other Locations: None required

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Section 11. That Berkeley Municipal Code Table 23.322-2 is amended to read:

TABLE 23.322-2: REQUIRED OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL

DISTRICTS (EXCLUDING C-T)
Land Use Required Parking Spaces
Residential Uses
Accessory Dwelling
Unit None required
Dwellings, including
Group Living
Accommodations
If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per unit
All Other Locations: None required
Hotel, Residential None required
Mixed-Use Residential
(residential use only) None required
Senior Congregate
Housing None required
Non-Residential Uses
All non-residential
uses except uses
listed below
C-DMU District: 1.5 per 1,000 sq. ft.

All Other Commercial Districts: 2 per 1,000 sq. ft.

Hospital 1 per each 4 beds plus 1 per each 3 employees
Library
C-DMU District: 1.5 per 1,000 sq. ft.

All Other Commercial Districts: 1 per 500 sq. ft. of publicly accessible floor area
Nursing Home 1 per 3 employees
Medical Practitioners C-DMU District: 1.5 per 1,000 sq. ft.

All Other Commercial Districts: 1 per 300 sq. ft.

Hotels, Tourist
C-DMU District: 1 per 3 guest/sleeping rooms or suites
C-C, C-U, C-W Districts: 1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees
All Other Commercial Districts: 2 per 1,000 sq. ft.

Motels, Tourist
C-DMU District: 1 per 3 guest/sleeping rooms or suites
C-C, C-U, C-W Districts: 1 per guest/sleeping room plus 1 for owner or manager [1]
All Other Commercial Districts: 2 per 1,000 sq. ft.

Large Vehicle Sales
and Rental
C-DMU District: 1.5 per 1,000 sq. ft.

C-SA District: 1 per 1,000 sq. ft.

All Other Commercial Districts: 2 per 1,000 sq. ft.

Small Vehicle Sales C-DMU District: 1.5 per 1,000 sq. ft.

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Land Use Required Parking Spaces
and Service C-SA District: 1 per 1,000 sq. ft.

All Other Commercial Districts: 2 per 1,000 sq. ft.

Manufacturing
C-DMU District: 1.5 per 1,000 sq. ft.

C-W District: 1 per 1,000 sq. ft. [1]
All Other Commercial Districts: 2 per 1,000 sq. ft.

Wholesale Trade
C-DMU District: 1.5 per 1,000 sq. ft.

C-W District: 1 per 1,000 sq. ft
All Other Commercial Districts: 2 per 1,000 sq. ft.

Live/Work
If workers/clients are permitted in work area, 1 per first 1,000 sq. ft. of work area and 1 per each additional 750 sq. ft. of work area
Notes:
[1] Spaces must be on the same lot as building it serves Section 12. That the section named; Residential Uses; in Table 23.322-4, Required Off Street Parking in Manufacturing Districts, within Berkeley Municipal Code 23.322.030, Required Parking Spaces, is amended to read:

TABLE 23.322-4: REQUIRED OFF-STREET PARKING IN MANUFACTURING DISTRICTS Land Use Required Parking Spaces
Residential Uses
Accessory Dwelling
Unit
None required
Dwellings None required
Group Living
Accommodation
None required
Section 13. That Berkeley Municipal Code 23.322.080 is amended to read:

23.322.080– Parking Layout and Design
A. Traffic Engineering Requirements.

1. All off-street parking spaces, access driveways, circulation patterns, and ingress and egress connections to the public right-of-way must conform to the City of Berkeley’s Traffic Engineering requirements.

2. The Traffic Engineer shall determine whether the size, arrangement, and design of off-street parking spaces, access driveways, circulation patterns, and ingress and egress connections to the public right-of-way are adequate to create usable,

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functional, accessible, and safe parking areas, and are adequately integrated with Berkeley’s overall street pattern and traffic flows.

B. Dimensional Standards. Dimensional requirements and standards for off-street parking spaces, driveways, and other access improvements, and maneuvering aisles shall be incorporated in administrative regulations, subject to the review and approval by the City Manager and ZAB.

C. Access Orientation in Non-Residential Districts. Access to new parking areas in a Non-Residential District that serve commercial uses shall be oriented in such a way as to minimize the use of streets serving primarily residential uses.

D. Residential Parking Lots in Non-Residential Districts. Parking lots in a non- residential district used exclusively for residential parking must comply with standards in Section 23.322.080 that apply in Residential Districts.

E. Placement--Residential Districts.

1. Side Setback Areas.
(a) One new off-street parking space in a required side setback area, where none exists, is allowed by right.
(b) The space must be constructed of a permeable surface unless the Public Works Department or Office of Transportation determines it is infeasible. (c) The space must be screened as required by 23.322.080.I (Screening). (d) The location of the space shall minimize impact on usable open space.

2. Other Setback Areas. No portion of an off-street parking space may be located in a required front, street side, or rear setback area unless:
(a) The parking space location is authorized by Chapter 23.306 (Accessory Dwelling Units); or
(b) The Zoning Officer approves an AUP, in consultation with the Traffic Engineer, and the space meets all applicable requirements in this section.

3. Multifamily Buildings.
(a) An off-street parking space may not be located closer than 10 feet in horizontal distance from a door or a window of a building with three or more dwelling units where the space is on the same or approximately the same level as the building.
(b) For the purposes of this section, a window whose bottom edge or point is more than 6 feet in vertical height from the level of the subject off-street parking space is not considered on the same or approximately the same level.

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(c) The Zoning Officer may approve an AUP to grant an exception to this requirement.

F. Placement--Non-Residential Districts.

1. Where Prohibited. Except when otherwise allowed by this chapter, ground-level off-street parking spaces are not permitted within 20 feet of the lot’s street frontage unless the parking is entirely within a building with walls.

2. Corner Lots. For a corner lot, the ZAB may approve a Use Permit to allow the parking within 20 feet of the street frontage facing the secondary street.

3. C-W District.
(a) Off-street automobile parking in the C-W district is not permitted between the front lot line and a main structure within a designated node. (b) Outside of a designated node, off-street automobile parking may be allowed between the front lot line and a main structure with a Use Permit or AUP. If the project requires ZAB approval, a Use Permit is required. An AUP is required for all other projects.
(c) To approve the AUP or Use Permit, the review authority must find that one or more of the following is true:
i. Parking in the rear or on the side of the property is impractical because of the lot’s depth and/or width.
ii. Parking in the rear of the property would result in adverse impacts on abutting residential or other uses.
iii. Parking in the rear or on the side of the property would result in the placement of a driveway in an unsafe location.
iv. Continuation or re-establishment of parking in front of the building is necessary for the reuse of an existing structure which is substantially set back from the front lot line.

G. Placement--ADU.

1. On a lot with an existing or proposed ADU, replacement of required off-street parking for the main building or required off-street parking for an ADU is allowed in any configuration on the lot, including within the front setback; or

2. Within the Hillside Overlay on a lot with an existing or proposed ADU, where no legal off-street parking exists for the main building, required parking provided for the main building is allowed in any configuration on the lot, including within the front yard setback.

H. Grade Change. This subsection applies to off-street parking spaces in all districts, except for parking decks in Residential Districts.

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1. The difference in elevation between a parking space and the finished grade on adjacent areas of the lot may not exceed 5 feet at any point.

2. Where there is a difference in elevation between a parking space and adjacent finished grade, the parking space shall be setback from a lot line as shown in Table 23.322-7.

TABLE 23.322-7. REQUIRED SETBACKS FOR PARKING SPACES WITH ADJACENT

GRADE CHANGES

DIFFERENCE IN ELEVATION MINIMUM SETBACK
Parking space lower than finished grade
3 to 5 ft 4 ft.

Less than 3 ft No min. setback
Parking space higher than finished grade 6 ft.

I. Screening.

1. Table 23.322-8 shows required parking space screening. Screening must effectively screen parked vehicles from view from buildings and uses on adjacent, abutting, and confronting lots. Screening may not interfere with pedestrian safety.

TABLE 23.322-8. REQUIRED PARKING SPACE SCREENING

DISTRICTS WHEN REQUIRED REQUIRED SCREENING

FEATURE

SCREENING

FEATURE HEIGHT
All Residential
Districts
2 or more parking
spaces, or any
parking space partly
or entirely within a
required rear setback
area
Continuous view-obscuring
wood fence, masonry wall,
or evergreen hedge which
may be broken only for
access driveways and
walkways
4 ft. min and 6 ft.
max.

All Commercial
and
Manufacturing
Districts
2 or more parking
spaces
Wall, fence, or evergreen
shrubbery hedge in a
landscape strip
Parking adjacent to
public right-of-way
or front lot line: 3 ft.
min. and 4 ft. max.

Parking adjacent to
rear or side lot line:
4 ft. min and 6 ft.
max.

2. In the C-W, M, MM, MU-LI districts, screening and landscape buffers are not required for any portion of a parking lot adjacent to Third Street (Southern Pacific Railroad).

J. Landscape Buffers.

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1. All paved areas for off-street parking spaces, driveways, and any other vehicle- related paving must be separated from adjacent lot lines and the public right-of- way by a landscaped strip as shown in Table 23.322-9.

TABLE 23.322-9. REQUIRED LANDSCAPE BUFFERS

MINIMUM WIDTH OF LANDSCAPE STRIP

DISTRICT/NUMBER OF SPACES AREAS ADJACENT TO SIDE

OR REAR LOT LINES

AREAS ADJACENT TO PUBLIC RIGHT-

OF-WAY OR FRONT LOT LINE
Residential Districts
1-3 spaces 2 ft. 2 ft.
4 spaces or more 4 ft. [1] 4 ft. [1]
Commercial and
Manufacturing Districts
1 space None required None required
2-3 spaces 2 ft. 3 ft.
4 spaces or more 4 ft. [1] 4 ft. [1]
Note:
[1] Calculated as average width along the full length of landscape strip.

2. In all districts, this landscape buffer requirement does not apply to driveways that serve two adjacent lots when adjacent to a side lot line.

3. In the Residential Districts, this landscape buffer requirement also does not apply to pedestrian walkways that are separated from such areas by a landscaped strip at least two feet wide.

K. Paved Setback Areas. In Residential Districts, the total area of pavement devoted to off-street parking spaces, driveways, and other vehicle-related paving may not exceed 50 percent of any required setback area that runs parallel to and abuts a street.

L. Driveway Width.

1. A driveway may not exceed 20 feet in width at any lot line abutting a street or one-half of the width of the street frontage of the lot, whichever is less.

2. In a Non-Residential district, the Zoning Officer may modify this requirement with an AUP.

M. Driveway Separation. On a single lot in a Residential District, driveways must be spaced at least 75 feet from one another, as measured along any continuous lot line abutting a street.

N. Tandem Parking. Tandem spaces that provide required off-street parking require an AUP, except when allowed by right by Chapter 23.306 (Accessory Dwelling Units).

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Ordinance No. 7,888-N.S. Page 19 of 22
O. Carports. A carport shall meet the minimum horizontal and vertical dimensions specified by the City’s Traffic Engineer to be used for one or more legal parking spaces required under this chapter.

Section 14. That Berkeley Municipal Code is amended to add a new Section

23.324.060(C) to read:

C. Accessory Dwelling Units. The following alterations of a lawful nonconforming existing structure or building that is an existing ADU or proposed to be converted to an ADU are permitted with a Zoning Certificate:

1. New windows, doors, or other openings to a portion of a building or structure within a minimum required setback.

2. New windows, doors, or other openings to a portion of a building or structure exceeding the height limit.

Section 15. That Berkeley Municipal Code 23.502.020(A)(4) is amended to read:

4. Accessory Dwelling Unit (ADU). An attached or detached secondary dwelling unit that is located on the same lot as a proposed or existing single family dwelling, duplex, multi-family dwelling use, or group living accommodation and provides independent living facilities for one or more persons. An ADU must comply with local building, housing, safety and other code requirements, except as expressly modified in Chapter 23.306, and provide the following features independent of other dwelling units on the lot: Exterior or independent access to the ADU, living and sleeping quarters, a full kitchen, and a full bathroom. An ADU also includes the following: (a) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or (b) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(a) Junior Accessory Dwelling Unit (Junior ADU). A unit that is contained entirely within the walls of an existing or proposed single family dwelling, or a single family dwelling unit’s attached garage. A Junior ADU must include a separate exterior entrance and, at minimum, an efficiency kitchen. A Junior ADU may include separate sanitation facilities or may share sanitary facilities with a single family dwelling.

Section 16. That Berkeley Municipal Code 23.502.020(A)(8) is amended to read:

8. Addition, Residential. The creation of any new portion of a main building which results in a vertical or horizontal extension of the building, or results in additional residential gross floor area to an existing main building, as long as such new gross floor area does not exceed 15 percent of the lot area or 600 square feet, whichever is less. For purposes of this definition gross floor area does not include:

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Ordinance No. 7,888-N.S. Page 20 of 22
(a) Additions of gross floor area devoted to required off-street parking spaces, creation of mezzanines or lofts within the building’s shell; (b) Making previously unusable attics into habitable floor area (except where new areas with vertical clearance of 6 feet or greater are created through expansions of the building shell);
(c) Excavations of earth within the existing building footprint (i.e. expansion of existing basements or new basements), or
(d) Replacement of existing floor area that was lawfully constructed and is located entirely within the addition’s shell.
(e) The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot.

Section 17. That Berkeley Municipal Code 23.502.020(A)(9) is amended to read:

9. Addition, Major Residential.
(a) A residential addition greater than 15 percent of the lot area or 600 square feet. Floor area from all residential additions since October 31, 1991, with the exception of:
i. Additions that are entirely subsumed within previously existing floor area; and
ii. The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot.
(b) The floor area of subsequent stories where the addition does not exceed the district residential addition height limit, shall count towards the calculation of gross floor area for the purposes of this definition.
(c) Any new floor area, except as exempted under (9)(a), shall be treated as a new major residential addition for the purpose of permit processing, when the cumulative square footage exceeds 15 percent of the lot area or 600 square feet, whichever is less.

Section 18. That Berkeley Municipal Code 23.502.020(E)(1) is amended to read:

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Ordinance No. 7,888-N.S. Page 21 of 22

1. Efficiency Kitchen. A cooking facility with appliances (e.g. microwave, toaster, oven, hot plate), and food preparation counter space and cabinets.

Section 19. That Berkeley Municipal Code 23.502.020(J) is amended to read:

J. "J" Terms.

Section 20. That Berkeley Municipal Code 23.502.020(N)(1) is amended to read:

N. "N" Terms.

1. New Construction. Construction of a new main building or accessory dwelling unit.

Section 18. Severability.

If any provision or clause of this Ordinance or any application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Ordinance. To this end the provisions and applications of this Ordinance are severable, and the Council of the City of Berkeley hereby declares that it would have passed this Ordinance and each provision or clause without regard to whether any other portion of this Ordinance or application thereof would be subsequently declared invalid or unconstitutional.

Section 19.

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

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Ordinance No. 7,888-N.S. Page 22 of 22
At a regular meeting of the Council of the City of Berkeley held on October 3, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Harrison, Humbert, Kesarwani, Robinson, Taplin, and Arreguin.

Noes: None.

Abstain: Hahn and Wengraf.

Absent: None.

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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

ACTION CALENDAR
October 10, 2023
(Continued from October 3, 2023)
To: Honorable Mayor and Members of the City Council
From: Dee William-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021):

Pension Liabilities and Infrastructure Need Attention

INTRODUCTION
On May 24, 2022, the City Auditor submitted a Financial Conditions audit report1 to City Council with recommendations to build on the City’s financial strengths in order to: (1) help address the City’s unfunded capital and deferred maintenance needs and pension liabilities; (2) help the City prepare for unforeseen economic challenges by assessing the risk of the reserves, and ensuring that enterprise funds can balance and avoid recurring shortfalls and (3) to update the City’s debt policy to help strengthen the City’s ability to assess its general obligation debt capacity.

The purpose of this information item is to update City Council on the status of implementation of the audit report’s recommendations. This is the second status report regarding this audit. We previously issued a report on December 13, 2022.2

CURRENT SITUATION AND ITS EFFECTS
The City Auditor’s report included five recommendations. As of the writing of this report, two recommendations have been partly implemented and three recommendations have been started. Please see Attachment 1 for a detailed table of audit report recommendations and implementation progress. The next status report to Council is expected to be presented in May 2024.
1 Audit-Berkeley's Financial Condition (FY 2012 - FY 2021): Pension Liabilities and Infrastructure Need Attention: https://berkeleyca.gov/sites/default/files/documents/2022-05- 24%20Item%2018%20Berkeley%E2%80%99s%20Financial%20Condition.pdf 2 https://berkeleyca.gov/sites/default/files/documents/2022-12- 13%20Item%2024%20Status%20Report%20-%20Berkeley%20s%20Financial.pdf

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Audit Recommendation Status- Berkeley’s Financial Condition ACTION CALENDAR October 10, 2023

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BACKGROUND
The audit provides a high-level overview of the City’s financial condition over 10 fiscal years. By broadening the scope of financial reporting to incorporate long-term financial trends, financial condition analysis can introduce long-term considerations into the budgeting process, clarify the City’s fiscal strengths and weaknesses, and help highlight financial risks that the City needs to address including its unfunded capital and pension liabilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
There are no identifiable environmental effects or opportunities associated with the subject of this report.

POSSIBLE FUTURE ACTION
The City Manager’s Office will continue to work on implementing the various recommendations, including conducting a risk assessment of the General Fund reserve and developing recommendations regarding fund balance for the various enterprise funds. The Finance Department will continue to assess the debt capacity threshold and update the debt management policy. In addition, the City Manager’s Office will continue to assess Council fiscal policies and make recommendations regarding long-term funding strategies to address the City’s pension and capital infrastructure liabilities.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTIONS
The audit recommendations are intended to build on the City’s financial strengths and help mitigate risks associated with the City’s unfunded liabilities.

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, 510.981.7000
Attachments:

1. Audit Findings, Recommendations, and Status Updates

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Finding Department Status of Audit Recommendations,
Corrective Plan, and Progress Summary
Previous
status update
The COVID-19 pandemic
slowed the City’s
progress toward its 2027
reserve funding goal.

1.1 To better prepare the City for
unforeseen economic challenges,
we recommend that the City
Manager complete the risk
assessment required by the City’s
reserve policy as scheduled and
propose to the City Council a plan
to replenish the Stability and
Catastrophic Reserves based on the
results of the assessment. This may
include revising the funding goal
for 2027 to align with the City’s
financial reality and projected risk
level.

City Manager Started:

Staff have entered into a contract with
the Government Finance Officers
Association (GFOA) for technical
assistance with the analysis of the
reserves policy. GFOA has developed a
distinctive risk-based approach to
analyzing reserves that considers specific
risk conditions faced by a local
government. This includes the use of
“probability management technology” to
assess risk and develop models regarding
appropriate reserve levels. The
consultant at the GFOA is currently
building the model for the City’s exposure
to extreme events, such as floods,
earthquakes, fires, high heat, and
landslides, and developing a range of
potential financial impacts from extreme
events that would influence the reserves.

Started
All of the City’s
enterprise funds faced
at least one annual
shortfall between FY
2016 and FY 2021.

1.2 To ensure the City’s enterprise
funds can balance and avoid
recurring annual shortfalls, we
recommend the City Manager
assess the appropriate fund
balance for each of the City’s
enterprise funds, report findings to
the City Council and explore
financial policy options to manage
enterprise fund balances.

City Manager Started:

City staff are conducting research and
formed an internal working group to
discuss current approaches utilized by
departments and best practices as the
first step in developing fund balance
policies.

Started
Recommendation
Issue Date: May 5, 2022
Audit Title: Berkeley’s Financial Condition (FY 2012-FY 2021): Pension Liabilities and Infrastructure Need Attention

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The City’s limit for
general obligation bond
debt is set at 15 percent
of total assessed
property value.

2.1 To strengthen the City’s debt
management, we recommend that
the Finance Department update
the Debt Management Policy. The
Finance Department may consider
revising its current general
obligation bond threshold of 15
percent of assessed property value
or building upon the City’s existing
general obligation bond debt limit
by considering additional debt
capacity factors such as debt per
capita, debt to personal income,
and/or debt service payments as a
proportion of General Fund
revenues.

Finance
Department
Started:

The Finance Department has been
working on updating the debt
management policy, especially in light of
current interest rates promulgated by the
Federal Reserve Board. The updated debt
management policy is scheduled to be
considered by Council on June 27, 2023.

Started
The City has taken steps
to increase pension
funding.

3.1 To maximize the benefit of the
Section 115 Trust, we recommend
that the City Manager present a
plan for adoption by the City
Council to assure sufficient
contributions to the Trust. This may
include taking the steps proposed
by the Budget and Finance
Committee to increase
contributions to the Trust. It may
also include a strategy to ensure
that the City is able to meet its
yearly contribution goals, such as
allocating contributions at the
beginning of the budget cycle.

City Manager Partly Implemented:

The City budgeted funds for the Section
115 Trust and adopted fiscal policies to
fund the Section 115 Trust as part of the
FY 2023/24 biennial budget process. The
City’s actuary has recommended
maintaining the target contribution goal
of $5.5 million.

Partly
Implemented
The City reported $1.2
billion in unfunded
capital and deferred
maintenance needs in FY
2021.

4.1 To address rising costs for unmet
capital needs, we recommend that
the City Manager collaborate with
the Department of Public Works to
implement a funding plan aimed at
1) reducing the City’s unfunded
capital and deferred maintenance
needs, and 2) ensuring regular
maintenance of city assets to
prevent excessive deferred
maintenance costs in the future.

This may include prioritizing capital
assets that generate the highest
deferred maintenance costs.

City Manager Partly Implemented
:

The City has updated its fiscal policies to
include strategies, such as the use of
investment revenues over the baseline
budget, to increase funding for unfunded
capital and deferred maintenance needs.

Partly
Implemented

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Berkeley City CouncilOctober 10, 2023

Berkeley City Council
October 10, 2023