Berkeley City Council
September 16, 2024

Monday, September 16, 2024 REVISED AGENDA Page 1

R E V I S E D P R O C L AM AT I O N

C AL L I N G A S P E C I AL M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
( R E V I S E D T O A D D A T E L E C O N F E R E N C E L O C A T I O N) In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Monday, September 16, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVENUE, BERKELEY, CA 94708 TELECONFERENCE LOCATION – 1528 HENRY STREET, BERKELEY, CA 94709

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 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

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This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

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The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

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Monday, September 16, 2024 REVISED AGENDA Page 2

Preliminary Matters
Roll Call:

Action Calendar

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

1. Ashby BART Transit Oriented Development (TOD)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager and City Attorney to draft and advance for adoption contractual agreements with San Francisco Bay Area Rapid Transit District (BART) in order to effectuate transit- oriented development in accordance with the term sheet attached to the report.

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

2. Presentation: Berkeley-El Cerrito Corridor Access Plan (BECCAP) From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Adjournment
I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on September 13, 2024.

Jesse Arreguin, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.

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Monday, September 16, 2024 REVISED AGENDA Page 3
ATTEST:

Date: September 13, 2024
Mark Numainville, City Clerk

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 approve (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.

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.

Please refrain from wearing scented products to this meeting.

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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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: https://berkeleyca.gov/

ACTION CALENDAR
September 16, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Ashby BART Transit Oriented Development (TOD)

RECOMMENDATION
Adopt a Resolution authorizing the City Manager and City Attorney to draft and advance for adoption contractual agreements with San Francisco Bay Area Rapid Transit District (BART) in order to effectuate transit-oriented development in accordance with the attached term sheet.

SUMMARY
The City and BART have been closely collaborating over the past several years to advance TOD at the Ashby and North Berkeley BART sites. The existing property ownership interests of the City and BART and various site constraints make development of the Ashby BART site complex. The attached term sheet (Exhibit A to Attachment 1) is the culmination of discussions over the past 18 months between the City and BART negotiating teams led by Mayor Arreguin and BART Board Director Lateefah Simon. The proposed real estate transaction structure would result in the City relinquishing its air rights over the western parking lot (West Lot) in return for fee simple ownership of the eastern parking lot (East Lot) and specified community benefits. The term sheet also defines how the City and BART will work together on developer solicitations, project entitlement and other identified milestones.

FISCAL IMPACTS OF RECOMMENDATION
There are a variety of potential fiscal impacts to the City related to Ashby BART TOD, including the allocation of affordable housing funding, capital expenditures related to the Adeline Street roadway reconfiguration, potential establishment of financing districts, and operational costs related to on-street parking management adjacent to the station.

This action for Council consideration does not have direct fiscal impacts; the binding real estate transfer agreement and future funding commitments will return to Council for action. Staff will provide more detail about potential fiscal impacts in advance of future proposed actions.

Ashby BART Transit-Oriented Development ACTION CALENDAR September 16, 2024

CURRENT SITUATION AND ITS EFFECTS
Over the past 18 months, City and BART negotiating teams, led by Mayor Jesse Arreguin and BART Board Director Lateefah Simon respectively, have been engaging to resolve issues in order to advance to developer solicitation(s) for the Ashby BART site.

The City negotiating team believes that the term sheet (Exhibit A to Attachment 1) advances both the City and BART’s respective objectives, and maximizes community benefits to the extent possible while ensuring economic feasibility of the project. Factors that informed the term sheet include the site property ownership interests, site constraints, the framework for community benefits, and economic feasibility. These factors and the key elements of the term sheet are summarized below.

A. Ashby BART Station Site
The existing property ownership interests of the City and BART, various site constraints, and planned redesign of the Adeline Street right-of-way make development of the Ashby BART site complex.

The Ashby BART station site consists of two parcels: a 4.4 acre parcel bounded by Adeline Street, Ashby Avenue and Martin Luther King Jr. Way which includes the BART station building and surface parking lot (“West Lot”), and a 1.9 acre surface parking lot (located east of Adeline Street) bounded by Woolsey Street, Tremont Street, Adeline Street and Essex Street (“East Lot”). BART owns the two parcels in fee simple, but as a result of an agreement between the City and BART in October 1964, and subsequent agreements and transactions including those related to the construction of the Ed Roberts Campus, the City of Berkeley retains an option to acquire the air rights over the West Lot for $55,000.

The Ashby BART station currently has a traction power substation (TPSS) located in the northern portion of the West Lot, parallel to Adeline Street, which provides electricity to run the BART trains. As part of a systemwide program, BART plans to upgrade, replace and expand the TPSS at Ashby BART. The operational and safety requirements associated with the TPSS and overall access to the Ashby Station constrain future TOD (see Background section for more information).

B. Framework for Community Benefits
The framework for community benefits, and other project requirements defined in the term sheet, reflect the Memorandum of Agreement (MOA) and the Joint Vision and Priorities for Transit-Oriented Development at the Ashby and North Berkeley BART Station Areas (JVP) adopted by City Council and the BART Board of Directors in June 2022 (Attachment 2) the Adeline Corridor Specific Plan1, and input from “Equitable Black Berkeley” (EBB). EBB is an initiative spearheaded by the Mayor’s Office, in 1 Adeline Corridor Specific Plan (adopted December 2020): https://berkeleyca.gov/sites/default/files/2022- 03/Adeline-Corridor-Specific-Plan.pdf

Ashby BART Transit-Oriented Development ACTION CALENDAR September 16, 2024

partnership with Healthy Black Families, that is exploring innovative funding proposals and policies for the Ashby BART station and “Adeline Community” area. The effort is part of a grant-funded, community-driven effort to develop options to support equity, opportunity and the well-being of Berkeley’s African-American community. The central premise established by EBB for Ashby BART is that the project must begin to reverse and repair the inter-generational harm that resulted from the development of the Ashby BART station and redlining.2
C. Key Elements of the Term Sheet
The term sheet is intended to provide transparency and accountability for the City, BART, the community and potential developers based on all the information currently available. There are some unknown elements that will become clearer after development teams are selected and more information is known about funding sources, prevailing economic conditions and proposed development concepts for the site and related public infrastructure. While the term sheet is non-binding, it will form the basis for enforceable agreement(s) between the City and BART, which City staff anticipate bringing back to Council in fall 2024. The term sheet addresses:
 How the City and BART will resolve the respective ownership interests in the site and proceed with the developer solicitation process, the entitlement process and related negotiations.
 Objectives and minimum project requirements for design, affordability and infrastructure at the Ashby BART site.
 Anticipated City and BART contributions to the development project(s).  Other agreements and actions necessary to effectuate and enforce the City and BART’s agreed upon requirements on future development terms, including City- adopted Objective Design Standards, master leases with the project developers, and affordable housing funding regulatory agreements between the City and the project developers.

During the negotiations, the City and BART each engaged real estate consultants (Century | Urban and Economic & Planning Systems, Inc., respectively) to jointly evaluate the financial position and ownership interests of each of the respective agencies. The resulting real estate transaction structure and community benefits are based on those analyses. Staff’s recommendation is that these terms provide the City fair consideration in exchange for the relinquishment of its air rights, advance the goals 2 November 29, 2022 City Council Meeting, Item 8: Grant Approval: San Francisco Foundation to support the Equitable Black Berkeley Initiative, https://berkeleyca.gov/sites/default/files/documents/2022-11- 29%20Item%2008%20Grant%20Approval%20San%20Francisco%20Foundation.pdf

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and priorities established in the JVP, and maximize community benefits while ensuring that the Ashby TOD project remains economically feasible.

Elements of the term sheet are summarized below.

1. Real Estate Transaction Structure/Disposition of City’s Air Rights Option.

As proposed, the City of Berkeley would relinquish its air rights option in return for the transfer of fee simple ownership of the East Lot to the City, and a commitment from BART that the West Lot project will provide specified community benefits outlined below.

2. Project Requirements and Community Benefits.
a. Affordable and Market Rate Housing. A minimum of 35 percent of new housing units to be developed shall be affordable or Below Market Rate (BMR) housing, with a goal of 50 percent, in accordance with income targets identified in the JVP (or other Affordable Housing Framework adopted by the City Council for the Ashby BART station area). At least 50 percent of the first 602 new housing units developed on the West Lot (or 301 units) must be affordable units; the total residential component of development on the West Lot (including any additional units, whether density bonus or otherwise, beyond the initial 602 units) must include a minimum of 35 percent affordable units. Development on the East Lot shall include a minimum of 300 bedrooms, provided that a capacity study determines that doing so is feasible for a project with a maximum height of 85 feet.

The inclusion of market rate housing within the project reflects the expectation that the City will pursue the formation of an Enhanced Infrastructure District (EIFD) to help finance infrastructure needs at the site. An EIFD would capture the City’s share of property tax increment over a period of up to 45 years.

Income restricted lower income housing units would generally be exempt from property tax so only market rate units would contribute to the tax increment.3 While some community members have advocated for the Ashby TOD project to be 100% affordable, the funding to finance that amount of affordable housing does not currently exist. Even with the City’s reservation of affordable housing funding, the project would need to rely on application to multiple cycles of future state and federal funding, which would add significant delay and uncertainty to the TOD project. For those reasons, BART would not likely agree to requiring 100% affordability at the site. Additionally, there is not a consensus among stakeholders that the entirety of the Ashby BART site 3 Senate Bill 628 “Enhanced Infrastructure Financing Districts” (1/2/2015), Assembly Bill 464 “Enhanced Infrastructure Financing Districts: allowable facilities and projects” (6/29/2021), Assembly Bill 336 “Enhanced infrastructure financing districts: public financing authority: members: joint powers authorities” (6/29/2021).

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should be 100% affordable. Some stakeholders have advocated for a mixed- income community in order to better promote economic mobility and to provide a source of funding (e.g., property tax increment) that goes towards infrastructure and services.4
On July 30, 2024 the City Council adopted a referral sponsored by Mayor Arreguin asking staff to analyze and return with actions to initiate a possible EIFD for the Ashby BART Station Area.
b. Berkeley Flea Market. The Ashby TOD project will include a permanent home for the Berkeley Flea Market and other public markets and microenterprise businesses. The City of Berkeley will allow a portion of adjacent Adeline Street right-of-way to also be utilized to support the Berkeley Flea Market (and other public programming). The project will include an installation celebrating the history of the Flea Market, office space for the Flea Market administration, and additional amenities to facilitate these uses. The City Council approved a preferred concept to redesign Adeline Street at Ashby BART in November 2022. The City has been awarded grant funding, to be administered by the Public Works Department, to advance engineering design for Adeline Street at Ashby BART as well as on Adeline Street from Martin Luther King Jr. Way to the Berkeley-Oakland border. c. West Lot Civic Commercial Uses and Amenities. The West Lot development shall include a minimum of 5,000 net rentable square feet of ground-floor space at below market rate rent for community-based organizations, including the Berkeley Flea Market. The West Lot development may incorporate the public artwork by Mildred Howard that was recently commissioned and installed by the City of Berkeley; the permanent location will be determined in consultation with the artist when more is known about construction plans for the Ashby BART TOD project and/or the redesign of Adeline Street. d. Connection to Adeline Street and Streetscape Improvements. The JVP and the Adeline Corridor Specific Plan prioritize that future development should connect directly to the greatest extent possible with Adeline Street. The West Lot development shall include at-grade improvements that will include public open space and expanded sidewalks, as shown in the preferred right-of-way redesign concept for Adeline Street at Ashby BART selected by the City Council (see Background section below for more details). Connectivity with 4 4/27/21 City Council Item #31: City Affordable Housing Funds: Ashby and North Berkeley BART Station Areas and Future Housing Funding Notices of Funding Availability (NOFA), Attachment 2, p.36 regarding estimate of City subsidy needed to exceed 35% affordable housing:
https://berkeleyca.gov/sites/default/files/documents/2021-04- 27%20Item%2031%20City%20Affordable%20Housing%20Funds%20%20Ashby%20and%20North%20B erkeley%20BART%20Station%20Areas%20and%20Future%20Housing%20Funding%20Notices%20of% 20Funding%20Availabilit....pdf

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Adeline Street at Ashby Avenue and the southern portion of the parcel is required (“Adeline Plaza Extensions”), and connectivity within the middle portion of the parcel (“BART Terrace Improvements”) will be included in the project if feasible (see Attachment 1: Exhibit A, Section II.C and Appendix C:

Infrastructure Map) .
e. Community Benefits Fund. Beyond construction of the TOD project itself, the Ashby BART TOD project can play a deeper role in repairing and reversing the intergenerational harm generated by the displacement of homes and businesses as a result of construction of the Ashby BART station. Equitable Black Berkeley has been central in shaping the proposal that a portion of the revenue generated from the future development project must be dedicated to a fund to be used for and by the greater South Berkeley community. The City intends to require that a portion of the net project profit from the East Lot mixed-income or market rate development parcels shall be allocated to create a reparative community benefits fund for South Berkeley.

3. Public Infrastructure
Development at the Ashby BART site will require substantial public infrastructure investments, including station access elements, plazas and sidewalks, other streetscape improvements, access and circulation, and replacement parking for BART patrons. Appendix C of the term sheet illustrates and delineates many of those elements.
a. Funding sources and maintenance responsibility. For each infrastructure component, the term sheet establishes the relative priority level (i.e., essential, high, or medium), anticipated funding sources, which of the parties has responsibility in the event of a funding shortfall, and which of the parties has responsibility for maintenance. These elements are summarized in Appendix E. The term sheet also stipulates processes by which the City, BART and/or the future developer will resolve cost-overruns and cooperate to seek grant funding.
b. Special funding mechanisms. The term sheet establishes that the City will pursue formation of an EIFD over the West Lot to help finance infrastructure improvements. The term sheet establishes priorities for those funds, with Adeline Street plazas identified as first priority. The term sheet also stipulates that the West Lot Developer shall commit a capital contribution of at least $1 million dollars towards the “South Plaza Extension” prior to being able to access any EIFD funds for that infrastructure component. The City may, in its discretion, also form an EIFD on the East Lot to improve the economic feasibility of development on the East Lot. The parties also agree to pursue formation of a Community Facilities District to fund ongoing maintenance responsibilities of West Lot and Adeline Street infrastructure.

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c. Adeline Street reconfiguration. Improvements to Adeline street, including a road diet, sidewalk expansions, establishment of protected bikeways, and improved traffic signals and transit operations, are considered essential to the TOD project. Existing funding for the project is through preliminary engineering only. The term sheet establishes that the City and BART shall work collaboratively to identify funding for remaining project phases. It also establishes that the parties shall endeavor to coordinate the design and construction of the roadway reconfiguration with other public infrastructure components. However, development of the West Lot project may proceed prior to completion of the roadway reconfigurations and associated streetscape improvements.
d. Traction Power Substation (TPSS). The definition of public infrastructure explicitly excludes construction and operation of the TPSS; BART and/or the West Lot Developer will bear responsibility for those costs. The term sheet also establishes that the BART will construct aesthetic measures to screen the TPSS from pedestrians, such as a mural, art wall or green wall within the City’s right of way, or other mutually-agreeable screening treatment. The City and BART will cooperate in seeking external funding for those improvements, and the West Lot Developer may satisfy a portion of the City’s public art requirement by providing those improvements, provided that they meet the City’s standards for public art.
e. BART rider replacement parking. The term sheet stipulates that parking for BART rider patrons on the West Lot will be the sole discretion of BART, and the East Lot (under the City’s ownership) will not be required to include any BART rider parking. However, the term sheet establishes that the West Lot project shall maintain at least the current number of parking spaces for persons with disabilities, to the extent that an occupancy study demonstrates demand for those spaces.

4. Other Parameters
a. Timeline. The City and BART agree to execute binding legal documentation that memorializes the terms of agreement in fall 2024. A schedule of additional project milestones is projected in Attachment 1, Exhibit A, Appendix B.
b. City Affordable Housing Funding. Fifty percent of the $53 million in affordable housing funds (Measure O and Housing Trust Fund Program) that the City has reserved for the North Berkeley and Ashby BART Transit Oriented Development (TOD) projects, or $26.5 million, will be invested in the Ashby BART TOD. Of that, $18.5 million shall be allocated for the West Lot and $8 million shall be set aside for the East Lot. The funds have been provisionally allocated based upon lot size and anticipated affordable housing units at each

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site. The funds are also subject to affordability requirements, project milestones, compliance with the applicable (to-be-developed) Objective Design Standards, the City’s Housing Trust Fund Guidelines and other requirements outlined in the attached term sheet. The City’s funding may only be used to finance affordable housing in excess of the 20% requirement of the City’s inclusionary policy.
c. Developer Solicitation. The City and BART will each pursue separate solicitations for development for the West Lot and East Lot, respectively. The City and BART may choose to coordinate concurrent solicitations or, as is more likely, proceed on different timelines, depending on market conditions, funding availability, and broader City and BART goals and objectives.

The solicitation process shall consist of Request for Proposals (RFP) or a Request for Qualifications (RFQ)/RFP. The process shall also include a public meeting that includes presentations from respondents, who will be asked to demonstrate how their proposal addresses the negative impacts to African American residents, businesses and cultural institutions displaced by the construction of the Ashby station.

For the East Lot, the City will collaborate with BART to provide input and guidance on the proposals received. However, BART will not participate in the solicitation process other than to ensure that BART’s access and operations requirements are satisfied and that the East Lot includes a minimum of 300 bedrooms, provided that a capacity study determines that doing so is feasible.

For the West Lot, BART will collaborate with the City to provide input and guidance on the proposals received. The West Lot selection committee will be comprised of seven members: four BART representatives, two City representatives and a representative from Equitable Black Berkeley approved by the City.
d. Objective Design Standards. The term sheet outlines the process to develop Objective Design Standards (ODS) for the East Lot and West Lot. The ODS process will generally be timed with developer selection. The Berkeley community, BART and the selected developer(s) will be given the opportunity to provide input into the ODS to ensure that the resulting document is consistent with what can feasibly be developed and aligned with the intent of the JVP. BART shall provide in its real estate agreements with future developer(s) for the West Lot that compliance with the ODS is required. The City may also require compliance with ODS in the restrictive covenant on the West Lot, and as a condition of providing affordable housing subsidy to the West Lot development.

Appendix D of the term sheet establishes requirements for ODS for the West Lot. These include that the ODS must allow at least 600,000 gross residential

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square footage within buildings no taller than 85 feet, and also (alternatively) shall allow for at least 750,000 gross residential square footage within buildings that may be taller than 85 feet but within the maximum height allowed by the ODS.
e. Enforcement of Public Benefits and Project Requirements. To ensure agreed upon obligations for the East Lot and West Lot, the legal documents (e.g., Exclusive Negotiating Agreement, ground lease provisions, easements and covenants) for each lot will require the developer(s) to comply with all mutually agreed upon project requirements, community benefits, and access rights, and to maintain those provisions for the life of the lease, except as the City may otherwise agree.

Next Steps
As noted in the term sheet, the City and BART agree to execute binding legal documentation that memorializes the terms of agreement in fall 2024. City staff will bring such agreements back to Council for approval.

BACKGROUND
Spurred by the passage of Assembly Bill 2923 (AB 2923) in 2018, the City and BART have been collaborating to facilitate transit-oriented development at the Ashby and North Berkeley BART sites. The City Council and BART Board of Directors executed a Memorandum of Understanding (MOU) in March 2020 and a Memorandum of Agreement (MOA) in June 2022 that outlined key milestones to advance to a solicitation for developer teams. Many of these milestones have been completed:
 April 2021: Reservation by City Council of $53 million of City affordable housing funding for the Ashby and North Berkeley BART sites.
 June 2022: Adoption by City Council of new zoning and General Plan amendments consistent with AB 2923; approval of the City and BART Joint Vision and Priorities for Transit-Oriented Development at the Ashby and North Berkeley BART Station Areas (JVP); and approval of the City and BART Memorandum of Agreement (MOA).
 November 2022: Approval by City Council of a preferred design concept to redesign the Adeline Street Right-Of-Way; provided information about the City’s policies for managing parking Around BART Stations.
 July 2022: North Berkeley BART Station Site - Issuance of BART’s Request for Qualifications (RFQ) for developer teams and the City’s Notice of Funding Availability.
 November 2022: North Berkeley BART Station Site - Initiation of the City’s process to develop Objective Design Standards.

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 December 2022: North Berkeley BART Station Site - Approval by BART Board of Directors of selected developer team.
 July 2023: North Berkeley BART Station Site - Adoption by City Council of the Affordable Housing Framework for Development at the North Berkeley BART Station Area.
 December 2023: North Berkeley BART Station Site - Adoption by City Council of North Berkeley BART Station Area Objective Design Standards.  September 2024: Expected City approval of North Berkeley Housing Partners’ project application for streamlined land use entitlements pursuant to AB 2011.

Ashby Station Infrastructure and Operations and Future Development BART has been planning systemwide traction power substation (TPSS) upgrades and/or expansion at Ashby and other stations on its Richmond line.5 The Adeline Corridor Specific Plan and the JVP identify a goal to create an at-grade connection between Adeline Street and the future TOD on the West Lot. BART has held two community meetings to present information about Ashby BART station operation and infrastructure needs and how they impact the connection of future TOD to Adeline Street. At the April 2023 meeting, BART staff presented information about the design process and constraints that informed their design for the new TPSS planned for Ashby station. BART staff presented the maintenance, access and clearance requirements for any development on top or adjacent to the substation; opportunities for at-grade connections between the future TOD and Adeline Street was the most constrained in the northern two-thirds of the Adeline Street frontage due to the requirements of the TPSS and safety requirements due to station egress.6
In response to community members’ public comments and a letter from Mayor Arreguin expressing concerns about the planned expansion of the TPSS at the Ashby Station, and the resultant impacts on the proposed development project and the adjacent public realm, BART has indicated a willingness to consider additional design modifications related to improving visual impact of TPSS and connectivity to Adeline Street. At a November 2023 community meeting, BART staff presented design modifications under 5 BART runs trains using electrical power provided by Pacific Gas & Electric (PG&E), which in turn supplies to over one hundred substations throughout the system that convert electricity to the voltage required to propel BART cars. These substations exist throughout the BART system. A traction power substation also exists at the North Berkeley BART station at the southeast corner of the intersection of Virginia and Acton Streets.
6 April 20, 2023 – Ashby BART TOD - BART Operations Requirements and Adeline Street Connection - Community Meeting presentation: bart.gov/sites/default/files/docs/23_0420_Ashby_Presentation.pdf; November 8, 2023 Ashby BART TOD – TPSS Update - Community Meeting presentation:
https://www.bart.gov/sites/default/files/2023-
11/20231108_Ashby%20Community%20Meeting%20Slides.pdf

Ashby BART Transit-Oriented Development ACTION CALENDAR September 16, 2024

consideration that would reduce the footprint of the staging area and visual impacts from the planned TPSS upgrade on the public realm and the Ashby transit-oriented development (TOD) project (see Attachments 4 and 5 for more detail on these concerns and BART’s responses). Since then, BART has been conducting further analysis of the feasibility of the various potential measures that were presented to the public in November 2023. As noted in the term sheet, costs related to upgrading TPSS infrastructure, as well as aesthetic measures (e.g., decorative fencing with artistic treatments) along Adeline Street, and along the public facing edges at the north and south ends of the replacement TPSS, to screen the replacement TPSS from pedestrians shall be the sole responsibility of BART.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Creating equitable, transit-oriented mixed-use development that includes affordable housing and housing support services for Berkeley’s most vulnerable community members is a City Strategic Plan goal, which also helps advance the environmental goals of being a global leader in addressing climate change, advancing environmental justice and protecting the environment. In March 2022, the City published an environmental impact report pursuant to the California Environmental Quality Act (“CEQA”) for the Ashby and North Berkeley BART station projects. Because this term sheet is nonbinding, no further CEQA documentation is required at this time.

RATIONALE FOR RECOMMENDATION
The parameters in the attached term sheet have been carefully crafted over the past 18 months by the City and BART negotiating teams. The parties believe that the proposed package of terms best advance mutual objectives for high-density transit-oriented development and community benefits that are economically feasible. Extensive economic and real estate analysis conducted by third-party consultants demonstrate that these deal terms provide the City fair consideration in exchange for the relinquishment of its air rights, advance the goals and priorities established in the JVP, and maximize community benefits while ensuring that the Ashby TOD project remains economically feasible.

The real estate transaction structure to resolve the property ownership interests of the City and BART for the Ashby BART site provides multiple advantages, including:
 Streamlined Solicitation and Land Control: The City and BART will each own their own property (the East Lot and the West Lot, respectively) and therefore control decision making and benefit from future revenue/community benefits. The City will have sole ownership and control of the developer solicitation for the East Lot, including exploring opportunities for rental and home ownership. The East Lot also has fewer complex infrastructure issues than the West Lot.  Actionable Financial Execution: If the City were to exercise its option to purchase the West Lot air rights, the result would be joint ownership of the site. Any

Ashby BART Transit-Oriented Development ACTION CALENDAR September 16, 2024

development project on the site would therefore require tri-party negotiations and would generate a great deal of uncertainty for prospective developers. The City’s real estate advisors have advised that such a project would be unlikely to secure financing. Therefore, the proposed deal structure produces a clear and actionable path forward.
 Community Benefits: The proposed real estate transaction leverages the City’s option to purchase the air rights on the West Lot to ensure that the Ashby TOD project will provide these tangible community benefits: a requirement of 50% affordable housing of the first 602 units on the West Lot, below-market-rate commercial space for the Berkeley Flea Market and other local community- serving non-profits, establishment of a community benefits fund for South Berkeley, and requirements that the future development connect to Adeline Street at Ashby and at the southern portion of the West Lot.  Enhanced Affordable Housing and Infrastructure Financing Potential: The high levels of affordable housing included in the TOD should enhance competitiveness for grant funding for affordable housing and infrastructure (e.g., Affordable Housing Sustainable Communities, Infrastructure and Infill Grants).

ALTERNATIVE ACTIONS CONSIDERED
The Council could consider not authorizing the City Manager to advance contractual agreements with BART in accordance with the attached term sheet. In such a case, given the respective property rights of the City and BART on the Ashby West Lot, advancement of transit-oriented development at this site and associated community benefits identified in the term sheet would not move forward. On the East Lot which BART owns fee simple, BART would have the option to move a project forward independently of the City with a developer solicitation, or BART could choose instead to prioritize working with another City in its Transit-Oriented Development work plan. The project would be eligible for the State Density Bonus and/or a streamlined approval process under AB 2923, dependent on the levels of affordable housing proposed as part of the project. The project would also be subject to the City’s existing affordable housing requirement (20 percent).

CONTACT PERSON
Alisa Shen, Principal Planner, Planning and Development, 510-981-7409.

Attachments:
1: Resolution
Exhibit A: Term Sheet for Ashby BART Transit-Oriented Development (TOD) 2: June 2022 City and BART Memorandum of Agreement for Transit-Oriented Development at the Ashby and North Berkeley BART Station Areas

Ashby BART Transit-Oriented Development ACTION CALENDAR September 16, 2024

3: July 18, 2023 City Council Worksession report: Ashby BART Station Transit-Oriented Development (TOD)
4: July 28, 2023 Mayor Arreguin Letter to BART General Manager Robert Powers 5: November 3, 2023 BART General Manager Robert Powers Letter to Mayor Arreguin

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

ASHBY BART TRANSIT-ORIENTED DEVELOPMENT (TOD)
WHEREAS, the City of Berkeley (“City”) and the San Francisco Bay Area Rapid Transit District (“BART”) executed a Memorandum of Understanding (“MOU”) to cooperatively pursue Transit Oriented Development (“TOD”) at the Ashby and North Berkeley BART station areas in March 2020; and
WHEREAS, in furtherance of the MOU, the City and BART executed a Memorandum of Agreement (“MOA”) regarding the projects at the North Berkeley and Ashby BART station areas in June 2022; and
WHEREAS, the MOA identified additional complex issues that required resolution prior to issuance of solicitation(s) for developer teams for the Ashby BART site; and WHEREAS, the City and BART negotiating teams led by Mayor Jesse Arreguin and BART Board Director Lateefah Simon have been exploring and discussing options to resolve issues needed to advance to developer solicitation(s) for the Ashby BART site; and
WHEREAS, during the negotiations, the City and BART each engaged real estate consultants (Century | Urban and Economic & Planning Systems, Inc., respectively) to jointly evaluate the financial position and ownership interests of each of the respective agencies; and
WHEREAS, the resulting real estate transaction structure, community benefits and other project requirements included in the term sheet (Exhibit A) are based on those analyses; and
WHEREAS, the term sheet (Exhibit A) provide the City fair consideration in exchange for the relinquishment of its air rights, advance the goals and priorities established in the City and BART Joint Vision and Priorities for Ashby and North Berkeley BART Transit- Oriented Development (“JVP”), and maximize community benefits while ensuring that the Ashby TOD project remains economically feasible.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Council authorize the City Manager and City Attorney to draft and advance for adoption contractual agreements with BART in order to effectuate transit-oriented development in accordance with the attached term sheet.

Exhibit
A: Term Sheet for Ashby BART Transit-Oriented Development

Exhibit A
1 TERM SHEET FOR ASHBY BART TRANSIT-ORIENTED DEVELOPMENT This Term Sheet is entered into on this ___ day of __________, 2024, by and between the San Francisco Bay Area Rapid Transit District (“BART”) and the City of Berkeley (“City”) (collectively the “Parties”) in connection with their cooperative pursuit of transit-oriented development (“TOD") at the Ashby BART Station (“the Ashby Project” or “Project”). This Term Sheet is made in furtherance of the Memorandum of Agreement signed on June 29, 2022, between BART and the City (“MOA”), the Memorandum of Understanding between BART and the City, signed on March 3, 2020 (“MOU”), and the Joint Vision and Priorities Document approved by the City on June 2, 2022, and by BART on June 9, 2022 (“JVP”), which address TOD projects at the North Berkeley and Ashby BART Stations. This Term Sheet solely addresses the Ashby Project and the business terms thereon amongst the Parties.

RECITALS
A. In 2020, the Parties entered into the MOU to identify their shared vision and priorities for TOD at the North Berkeley and Ashby BART Stations, to provide clarity on the process and timelines for pursuing development, and to begin to identify the roles and responsibilities of the City and BART in that process. Among other things, the MOU called on the City to establish a Community Advisory Group, reserve funding to support affordable housing development at the sites, and to adopt zoning for the sites consistent with Assembly Bill 2923 (“AB 2923”).

B. On December 8, 2020, the City adopted the Adeline Corridor Specific Plan and certified a corresponding environmental impact report, which set forth a comprehensive plan for development, including new affordable and market rate housing, in the area of the City including the Ashby BART Station.

C. On April 27, 2021, the Berkeley City Council unanimously adopted Resolution 69,833- N.S. which, in part, provisionally reserves $53 million of City-controlled funds as the subsidy needed to achieve at least 35% affordable housing at each of the Ashby and North Berkeley BART sites, and allows for a portion of the funding to be allocated to predevelopment uses.

D. On June 2, 2022, the Berkeley City Council approved the JVP with Resolution 70,402-N.S. and on June 9, 2022, the BART Board approved the JVP. The JVP expresses the City and BART’s shared, high-level expectations for future development of both the Ashby and North Berkeley BART stations. The JVP was

2 incorporated into BART’s Request for Qualifications (“RFQ”) for development of the North Berkeley BART Station site.

E. On June 28, 2022 the Berkeley City Council adopted Chapter 23.202.150 in its Zoning Ordinance, as part of the City of Berkeley Municipal Code, adding a “Residential - BART Mixed Use (R-BMU)” zoning district, as well as additional conforming amendments to the General Plan and other sections of the Municipal Code in order to ensure that the provisions are comprehensively and consistently incorporated into its Zoning Ordinance, to govern development at the North Berkeley and Ashby BART Stations consistent with AB 2923.

F. On November 29, 2022, the Berkeley City Council adopted Resolution No. 70,622- N.S. approving a conceptual design for a street reconfiguration and new plaza along Adeline Street between Ashby Avenue and Martin Luther King, Jr., Way, in order to increase safety for pedestrians and bicyclists and to enhance access to the Ashby BART Station.

G. To the extent that this Term Sheet provides for the negotiation of terms that contradict or are inconsistent with the MOA, MOU or JVP on matters relating to the Ashby Project, this Term Sheet, being latest in time, shall supersede the MOA, MOU and JVP with respect to guiding the negotiation of final agreements. The MOA, MOU and JVP remain in effect except to the extent superseded by agreements negotiated pursuant to this Term Sheet with respect to the Ashby Station.

H. The purpose of this Term Sheet is to set forth the principal business and legal terms on which BART and the City will negotiate an Exchange Agreement and related deeds and easement agreements and other agreements necessary to effectuate the Parties’ intent, as expressed in this Term Sheet. These definitive agreements, if approved, will provide for the relinquishment of the City’s option to purchase air rights over the West Lot in exchange for the City’s fee simple ownership of the East Lot, and for establishing certain minimum community benefits and project requirements for the West Lot and East Lot, including a minimum of 50% onsite affordable housing for the first 602 units on the West Lot and a minimum of 35% onsite affordable housing on the East Lot as more particularly described in Section II.A, below. The Parties have determined the exchange of property rights and land value is an equitable exchange with the City receiving additional community benefits in the form of additional affordable housing units and community benefits on the West Lot, in addition to fee simple ownership of the East Lot, as compensation for the release of its option to purchase air rights over the West Lot.

3 PROPOSED TERMS AND CONDITIONS
I. Framework for Development at Ashby BART Station
A. Property. The Ashby BART Station site consists of two parcels: (1) a 4.4-acre parcel that makes up the block surrounded by Adeline Street, Ashby Avenue and Martin Luther King Jr. Way, which includes surface parking lots and BART’s traction power substation (Assessor Parcel Number (APN) 053-1597-039-04) (“West Lot”), and (2) a 1.9-acre surface parking lot located on the east side of Adeline Street on the block surrounded by Woolsey Street, Tremont Street, Adeline Street and Essex Street (APN 053-1703-009-00) (“East Lot”) (collectively the West Lot and the East Lot are referred to herein as the “Property”). Adeline Street and the Ed Roberts Campus are located between the two parcels. The two parcels are owned in fee simple by BART. In addition, the City retains an option to purchase air rights over the West Lot pursuant to an agreement dated as of October 22, 1964, as amended, between BART and the City (“Air Rights Option”). The Air Rights Option, if exercised by the City, would provide the City with ownership of the air rights ten feet above the parking lot located on the West Lot shown on the diagram attached as Appendix A.

B. Background and Scope of Term Sheet.

1. The Parties share a desire to transform the Property from its current primary use as surface parking to a transit-oriented development that will provide much needed housing (including affordable housing), enliven Adeline Street, and benefit the surrounding community, while continuing to ensure access to the Ashby BART Station. The current property interests of the Parties in the Property and various site constraints make development of the Property complex, and there are many unknowns that will become clearer after developer teams are selected and more information is known about funding sources, prevailing economic conditions and proposed development concepts for the sites. The Term Sheet serves as a roadmap for how the City and BART will work together to effectuate an economically feasible transaction structure among the Parties as well as with the selected developer(s).

2. The Term Sheet outlines how the Ashby Project negotiation and entitlement process will proceed; the objectives and minimum requirements for the Ashby Project in terms of design, affordability, and infrastructure; the anticipated City and BART contributions to the Ashby Project; and the terms of an exchange that will rationalize the Parties’ ownership interests in the Property. The Term Sheet is intended to provide transparency and accountability for the City, BART, the community, and potential developers based on all the information currently

4 available. The Term Sheet is intended to form the basis for negotiating an enforceable exchange agreement between BART and the City. In addition, the Term Sheet memorializes certain understandings of the Parties with respect to other agreements and actions that will be necessary to effectuate and enforce the Parties’ agreed requirements on future Project developers, including City-adopted Objective Design Standards (“ODS”), master leases with the Project developers, and affordable housing funding and regulatory agreements between the City and the Project developers. The following provisions in this Term Sheet are non- binding but are intended to guide the binding provisions of the enforceable exchange agreement.

C. Entitlement Streamlining. Public Utilities Code section 29010.7(b) (“Section 29010.7(b)”) establishes that TOD projects at BART stations that meet certain minimum requirements will be eligible for entitlement streamlining pursuant to Senate Bill 35, codified by Government Code section 65913.4 (as amended, “SB 35”). To minimize entitlement risk, reduce project costs and accelerate the entitlement phase of development, the Parties intend that the developers of the West Lot and East Lot shall have the ability to utilize applicable state and/or local laws providing for applicable entitlement streamlining mechanisms including, but not limited to, Section 29010.7(b) and SB 35, to the extent a project qualifies for streamlined review under those laws, such that project entitlements will be ministerial and not subject to discretionary review; provided, however, any projects developed on the West and East Lots must comply with all applicable mitigation measures adopted in connection with the City’s adoption on June 28, 2022 of the Residential - BART Mixed Use (R-BMU) zoning district and all applicable standard conditions of approval relied upon in the associated EIR, as set forth in Appendix F.

D. Real Estate Transaction Structure

1. The City and BART will rationalize their respective interests in the Property through an exchange that will occur through one or more escrows by which the City will relinquish its Air Rights Option in the West Lot and vacate any portion of the existing Adeline Street right of way within the West Lot that is not currently in use as a public street or sidewalk in exchange for (1) the transfer of fee simple ownership of the East Lot to the City, subject to existing easements thereon but free and clear of any reserved rights of BART (including any easement for mid- block pedestrian passage) except as may be provided in the Exchange Agreement, (2) the minimum affordability requirements described in this Term Sheet, including the requirement that at least 50% of the first 602 new housing units to be developed on the West Lot be affordable (and that at least 35% of the total number of housing units be affordable in the event that more than 602 units are constructed), (3) the provision of 5,000 square feet of community/civic commercial

5 ground floor interior space on the West Lot at 50% of market rate rent, and (4) the other terms and conditions of the Exchange Agreement as set forth in this Term Sheet.

2. BART, as owner of the West Lot, and the City, as future owner of the East Lot, would separately solicit development proposals for their respective properties and enter into an Exclusive Negotiating Agreement (“ENA”) with a selected developer or development team for each of their respective properties. (For the avoidance of doubt, references in this Term Sheet to ‘a developer’ shall include a development team in the event that more than one developer is duly selected to develop the East Lot, or in the event that more than one developer is duly selected to develop the West Lot.) Each ENA will provide for the negotiation of one or more ground leases, or, on the East Lot, the negotiation of a ground lease or contract of sale, to commence following the termination of the Air Rights Option in the West Lot, or following transfer of title in the East Lot, as applicable.

3. It is anticipated that the West Lot will be entitled as one project with multiple parcels by BART’s selected developer on the West Lot (the “West Lot Developer”). The City shall be obligated to re-convey the Air Rights Option to BART within 10 days following BART’s execution of an ENA with the West Lot Developer, and BART shall be obligated to convey fee simple ownership of the East Lot to the City at the same time that the Air Rights Option is re-conveyed to BART by the City, or at such later date as may be specified by the City, provided that in the latter case, BART shall have at least 10 days’ notice prior to conveyance of fee simple ownership of the East Lot to the City. It shall be a condition precedent to these transfers that the zoning for the West Lot as of the date of this Term Sheet has not been modified or changed to be more restrictive or to reduce the development capacity prior to BART entering into an ENA with the West Lot Developer.

4. Upon (a) the delivery of the Air Rights Option reconveyance to BART and (b) completion of street vacation proceedings for any portion of the existing Adeline Street right of way within the West Lot that is not currently in use as a public street or sidewalk, the West Lot shall be encumbered with covenants imposing and allowing the City to enforce the requirements for development on the West Lot as described in this Term Sheet, including, but not limited to, the minimum affordability requirements, the requirement that the West Lot Developer comply with the ODS adopted by the City for the site (provided that the ODS comply with the requirements set forth in Appendix D), applicable mitigation measures adopted in connection with the City’s adoption on June 28, 2022 of the Residential – BART Mixed Use (R-BMU) zoning district, and all applicable standard conditions of approval relied upon by the TOD Zoning EIR. The East Lot shall also be

6 encumbered with covenants imposing and allowing BART to enforce the requirements for development on the East Lot as described in this Term Sheet, including but not limited to a requirement that City’s ODS for the East Lot allow for at least 248 residential units and at least 300 bedrooms. Such covenants shall run with the land. The West Lot covenant shall be recorded at close of escrow for the Air Rights Option reconveyance, and the East Lot covenant shall be recorded at close of escrow on the East Lot conveyance.

5. No later than the City Council’s approval of the Exchange Agreement, the City shall direct staff to initiate street vacation proceedings for any portion of the existing Adeline Street right of way within the West Lot, including but not limited to any portion of the approximately 900-foot-long strip of the West Lot abutting the existing Adeline Street sidewalk as shown on San Francisco Bay Area Rapid Transit District Amended Record Map of Right of Way RRW 9, dated December 7, 1971 in book 68 of maps, at page 150 (“Parcel R9-2”) within the right of way, that is not currently in use as a public street or sidewalk.

E. Surplus Land Act. AB 1486 (Statutes of 2019, Chapter 664) and AB 1255 (Statutes of 2019, Chapter 661) made changes to the Surplus Land Act (“SLA”) found in Government Code Sections 54220 et seq. Generally, the purpose of the amendments is to promote affordable housing development on unused or underutilized public land throughout the state to address the existing affordable housing crisis. The amendments to the SLA adopted via AB 1486 and AB 1255 clarify and strengthen reporting and enforcement provisions of the SLA to promote increased compliance with the Act. The parties shall confirm adherence to the SLA and shall jointly work with the California Department of Housing and Community Development (“HCD”) to comply with all requirements under the SLA in connection with conveyance by BART of the East Lot to the City, and with a Request for Proposals or similar document (“RFP”) for the West Lot or the East Lot.

F. City Funding

1. The City will make available a total of $53 million in affordable housing funds (e.g., Measure O Funding and Affordable Housing Trust Fund Revenues), including up to $4 million in predevelopment funds (collectively the “City Funds”), for the North Berkeley and Ashby Projects, of which it anticipates 50% of this funding will be invested at the Ashby Project for permanently affordable housing units in the amount of $26.5 million. As part of the developer selection processes, up to $2,000,000 in City pre-development loan funds shall be made available, with half of the proceeds available to the West Lot and half of the proceeds available to the East Lot, the award of which shall be subject to City Council approval.

2. The City may, but shall not be obliged to, condition funding for the West Lot project and East Lot project, respectively, on each project’s compliance with the

7 applicable ODS adopted pursuant to the process described in Section II.F, provided the ODS comply with the requirements of Appendix D. The funding shall also be subject to affordability requirements, project milestones, and other requirements set forth in the funding agreements between the City and developer(s).

3. Of the City Funds allocated to the Ashby Project, $18.5 million shall be held aside for the West Lot and $8.0 million shall be held aside for the East Lot, in all events subject to the limitations in paragraph 4 below. The funds have been provisionally allocated based upon lot size and anticipated affordable housing units at each site.

The funds shall be used only to support development of affordable units over and above 20% of the total units (including density bonus units) in the project.

4. Any commitment of City funds to the Ashby Project’s West Lot or East Lot shall comply with the City’s Housing Trust Fund Guidelines, and in no event shall the City be obligated to provide more than an average of $200,000 per rent-restricted affordable unit (i.e., units that are in perpetuity affordable to very low income or lower-income households as defined in California Health and Safety Code sections 50052.5 and 50053), counting only units provided above and beyond 20% of the total units (including density bonus units) in the project. The City Funds shall be available to buildings which are 100% affordable housing, or, at the City’s sole discretion, to affordable units dispersed amongst mixed-income housing buildings which meet the Housing Trust Fund Guidelines.

G. Developer Solicitation Process

1. BART shall pursue a separate solicitation for development of the West Lot, and the City shall pursue a separate solicitation for development of the East Lot, in accordance with the following:

2. BART and the City shall each conduct a solicitation whereby an RFP or RFP/RFQ is issued to solicit qualified developers, and respondents will be asked to submit their qualifications, as well as proposals demonstrating workable business frameworks for development that are consistent with the specific goals outlined in the JVP and the developer solicitation document(s). Because time is of the essence, both the City and BART shall take every action to ensure that the milestone targets included in the Schedule (attached as Appendix B) are achieved and sufficient staff is dedicated by both BART and the City to meet the Schedule.

3. The RFP or RFP/RFQ for the East Lot shall include, without limitation, a request to respondents to demonstrate how their proposal addresses (i) the negative impacts to African American residents, businesses, and cultural institutions displaced by construction of the Ashby Station, (ii) the JVP priority to “maximize the number of new homes;” the number of residential units shall be a quantitative factor in the

8 City’s evaluation of proposals, and (iii) the requirement that the project include at least 300 bedrooms. In the event that the East Lot capacity study currently underway by Raimi & Associates concludes that 300 bedrooms is not feasible for a project on the site with a maximum height of 85 feet, the City and BART shall meet and confer to discuss alternative requirements to mitigate the reduced capacity. BART staff will not participate in the solicitation process for the East Lot other than to review and approve solicitation materials with respect to matters relating to BART access and operations in order to ensure that BART’s access and operational requirements are satisfied. Following the receipt of proposals, the selection process will include a public meeting of shortlisted RFP respondents that includes presentations from the respondents. The East Lot selection committee will make a recommendation to the Berkeley City Council based upon selection criteria prepared by the City. The Berkeley City Council shall consider and act upon the East Lot selection committee’s recommendation of a developer for the East Lot.

4. The RFP or RFP/RFQ for the West Lot shall include, without limitation, a request to proposers to demonstrate (i) how they would incorporate an exhibit honoring the history of the Berkeley Flea Market, (ii) how their proposal addresses the negative impacts to African American residents, businesses, and cultural institutions displaced by construction of the Ashby Station; and (iii) how their proposal would provide a direct connection from the project to Adeline Street, which shall be a quantitative factor in the evaluation of proposals. The City will have two three- week periods as specified in the Schedule to provide suggestions and input on the West Lot RFP or RFP/RFQ for BART’s consideration. The West Lot selection committee will be composed of four BART representatives, two City representatives, and a representative from Equitable Black Berkeley (“EBB”) approved by the City Manager (total of 7). Following the receipt of proposals, the selection process will include a public meeting of shortlisted RFP respondents that includes presentations from the respondents. The West Lot selection committee will make a recommendation to the BART General Manager based upon selection criteria prepared for the RFP or RFQ/RFP. The BART General Manager shall make a recommendation of a developer to the BART Board of Directors which the BART Board of Directors shall consider and act upon.

H. Timeline. The Parties shall use best efforts to complete and execute the Exchange Agreement by November 26, 2024, as specified in the Schedule in Appendix B.

I. Enforcement of Public Benefits and Project Requirements. BART recognizes the City needs assurance that the portion of the Ashby Project to be built on the West Lot will

9 provide the agreed public benefits and comply with the agreed project requirements. The City similarly recognizes that BART needs assurance that the development of the East Lot will provide its agreed share of public benefits. To this end, the ENA and ground lease provisions (or, in the case of an eventual sale of the East Lot by the City, the contract of sale) for each lot will require the developer to comply with all project requirements and community benefits required by the Exchange Agreement, and to maintain those requirements for the life of the lease or, in the event that the City elects to sell the East Lot to a developer, that said requirements and benefits run with the land. These requirements will also be incorporated into restrictive covenants that will run with the land as a condition of BART’s acquisition of the City’s Air Rights Option and the City’s acquisition of BART’s interest in the East Lot. The form of the covenants will be included in the Exchange Agreement between City and BART and provided to prospective developers in the RFQs/RFPs.

II. Public Benefits and Project Requirements
A. Affordable & Market Rate Housing

1. The City and BART each have an interest in having the Ashby Project developed with high density use, to maximize the amount of new housing and to enhance transit ridership. To this end, BART and the City shall require that any development on their respective parcels achieve a minimum of 75 units per acre.

2. On the West Lot, at least 50% of the first 602 units shall be affordable units. In the event that the total residential component of the West Lot project has more than 602 total housing units (whether through density bonus or otherwise), there shall be no fewer than 301 affordable units, and overall at least 35% of the units (including density bonus units) shall be affordable units. BART and the West Lot Developer shall consult with the City to explore economic potential for additional affordable units, with an aspirational goal of up to 50% affordability based on economic feasibility and availability of funding resources if the West Lot includes more than 602 total housing units, taking into consideration development costs, values and potential for additional City subsidy or funding from external sources.

3. At least 35% of the new housing units to be developed on the East Lot, inclusive of units built to satisfy the City’s inclusionary requirement and including any units that may be added as a result of a density bonus, shall be affordable, with a goal of achieving 50% affordability. The City and the East Lot Developer shall explore economic potential for additional affordable units, with the goal of 50% affordability for the total project, taking into consideration development costs, values and potential for additional City subsidy.

4. Any affordable units on the East Lot or West Lot that are provided to satisfy the

10 City’s inclusionary housing ordinance and are included in a mixed-income building shall be rent- and income-restricted in perpetuity as required by the City’s inclusionary housing ordinance. All other affordable units shall be rent- and income-restricted (i) for the duration of the applicable ground lease (each of which shall have a minimum duration of 99 years), including any lease term extensions, or (ii) for 99 years, for any units on the East Lot that the City chooses to sell rather than ground lease.

5. The affordability requirements identified below shall be incorporated into the ground leases for both the East and West Lots (or in the contract of sale for the East Lot should the City decide to sell that lot), and will also be enforceable by the City pursuant to regulatory agreements between the City and the developer(s), in accordance with the income targets identified in the JVP:
i. At least 35% of new housing, inclusive of density bonus units, must be affordable to households earning an average of up to 60% of Area Median Income (“AMI”).
ii. At least 20% of the required 35% affordable units referred to in subparagraph (i) must be affordable to Extremely Low-Income (“ELI”) households, which are defined as those earning up to 30% of AMI. iii. Of the required 35% affordable units referred to in subparagraph (i), additional affordable units aside from the ELI units should prioritize Very Low Income (up to 50% of AMI) households and Low Income (up to 80%) households but may include some housing restricted to households with moderate incomes (up to 120% of AMI), provided that the moderate- income units have rents that are still below market and are not funded by City subsidies.
iv. While the aforementioned goals are established in the JVP and the City and BART have policies regarding affordable housing requirements, any project receiving the City’s Housing Trust Fund (“HTF”) funding must meet the City’s HTF Guidelines. BART’s TOD Policy provides that BART will consider a deeper land discount to its determination of ground lease rent for affordable units that serve very low income (<50% AMI), low income (51-80% AMI) and/or transit-dependent populations. v. Affordable units shall be constructed prior to or concurrently with any market-rate housing component on the parcels. No market rate housing on a Party’s parcel will receive its notice to proceed until an affordable housing project on another parcel owned by that Party receives its notice to proceed. In the event there are multiple phases of market rate or affordable housing, a phasing plan shall be approved by the City to ensure

11 consistency with the JVP goal of affordable housing being built along with market rate housing, with such approval not to be unreasonably withheld.
vi. Affordable units may be clustered into one or more 100% affordable housing buildings (provided the minimum developer equity contribution described below is satisfied) or dispersed amongst mixed-income housing buildings, but must be designed in a way that integrates with the larger project and shares comparable design standards and quality.

6. The RFPs or RFQs/RFPs for the West Lot and East Lot shall state the applicable minimum onsite affordability requirements for each lot, as set forth in this Term Sheet. In the event respondents to the RFP or RFQ/RFP for the West Lot propose a project that includes more than 602 units, said respondents will be requested to provide a detailed pro forma demonstrating how the respondent could potentially increase the affordability of the full project, inclusive of any density bonus units, beyond the required 35% minimum to reach an aspirational goal of up to 50%, as discussed in Section II.A.2. The respondents to the RFP or RFQ/RFP for the East Lot shall also be requested to provide in their response to the RFP a detailed pro forma demonstrating how the development team could potentially achieve a goal of 50% affordability, as discussed in Section II.A.3.

7. In order to facilitate the provision of affordable housing, BART will provide the West Lot Developer with a discount on land costs for the BART-owned parcels on the West Lot in keeping with BART’s Framework for Financial Return from Affordable Housing. BART shall require the West Lot Developer to utilize this land discount solely for the benefit of the affordable components of the West Lot.

B. Developer Contribution for Affordable Housing

1. For projects on the East or West Lots that will meet all or a portion of the City’s affordable housing requirements through clustering as described in Section II.A.5.vi above, the developers of market-rate housing shall be required to contribute funding to assist in the construction of the clustered affordable units.

A plan for either Lot to provide some or all affordable units in 100% affordable housing projects shall not eliminate or reduce the obligation of the market-rate units to contribute to such affordable units.

2. The amount of this developer contribution shall be calculated by 1) multiplying $56.25 (as this amount may be adjusted biennially pursuant to City of Berkeley Resolution No. 70,698-N.S.) by the Total Residential Unit Floor Area of the project or projects after excluding the floor area in any 100% affordable housing buildings and any floor area in market rate or mixed income buildings that is included as a result of the state density bonus; and then 2) multiplying the result

12 by the percentage of the City’s 20% affordable housing requirement remaining after accounting for any on-site Affordable Units provided within mixed income buildings that comply with all of the requirements of Berkeley’s Inclusionary Housing Ordinance (codified in Berkeley Municipal Code section 23.328). For example, buildings that are 10% affordable would contribute $28.12 per foot (half of $56.25), adjusted for inflation. For the purpose of calculating the Total Residential Unit Floor Area, the area resulting from the density bonus is the total Residential Unit Floor Area (for the whole market rate/mixed income project) times the proportion of total units in the project in excess of those allowed under base zoning (the “Density Bonus Percentage”). As a result of this formula, a project that clustered all affordable units in 100% affordable buildings would contribute $56.25 times (as adjusted) the base residential square footage of any market rate buildings, excluding any density bonus square footage. A project that included some affordable units on-site within the market rate buildings would make a pro-rated contribution.

3. The City shall require that the West Lot Developer submit an Affordable Housing Compliance Plan (“AHCP”) to confirm that the requisite amount is shown as a source in the affordable proforma(s) and as a use in the market rate proforma(s).

If the AHCP is completed before BART’s Board of Directors approves a final term sheet with West Lot Developer, then BART shall review and approve the AHCP prior to City review. The City may condition its affordable housing funding on compliance.

4. Market rate units built through the density bonus shall not be subject to any further affordability requirements or in-lieu fee obligations; provided, however, that the application of the density bonus to the West Lot shall not yield a project that has less than 35% affordable housing as a proportion of the total units on the West Lot.

C. Public Infrastructure

1. Definitions and Summary.
i. Future transit-oriented development at the Ashby Project will require substantial investments in public infrastructure, which may include, but is not limited to, reconfiguration of Adeline Street, Woolsey Street, Ashby Avenue, and Martin Luther King (“MLK”) Junior Way; plaza improvements along Adeline Street and extensions of the plaza to connect to the new development; BART rider parking for vehicles and bicycles; new pedestrian, bicycle, transit, and passenger loading; lighting; station improvements necessitated by the West Lot project including but not limited to a new station entry plaza, stairs, ramping, and Traction Power Substation (“TPSS”)

13 access area and crane area; and vehicular access roads (“Public Infrastructure”). Public Infrastructure does not include infrastructure necessary to serve a specific development parcel, the cost of which shall be borne by the developer selected by the City for the East Lot (the “East Lot Developer”), or by the West Lot Developer, as applicable. Public Infrastructure also does not include BART’s construction or operation of a new TPSS, which is anticipated to be on the West Lot.
ii. The location of certain specific Public Infrastructure and TPSS Improvements anticipated to be needed for the development of the West Lot are depicted on the diagram attached hereto as Appendix C (“Infrastructure Map”). The “TPSS Improvements” consist of improvements 7A and 7B as depicted on the Infrastructure Map. Public Infrastructure shown in Appendix C consists of the following categories:
• Roadway Reconfigurations. The “Roadway Reconfigurations” consist of improvements:
• 1A (“Adeline Street Reconfiguration”), and
• 3B (“MLK/Adeline/Woolsey Intersection Redesign”).
• Adeline Plaza Improvements. The “Adeline Plaza Improvements” consist of improvements:
• 1B (“Adeline Main Plaza”),
• 2A (“Ashby/Adeline Corner Plaza”), and
• 3A (“MLK/Adeline/Woolsey Plaza”).
• Adeline Plaza Extensions. The “Adeline Plaza Extensions” consist of improvements:
• 11 (“South Plaza Extension”), and
• 2B (“Ashby/Adeline Corner Plaza Extension”).
• BART Terrace Improvements. The “BART Terrace Improvements” consist of improvements:
• 9A (“Existing BART Terrace”), and

14 • 9B (“BART Terrace Extension”)
• Sidewalk Improvements. The “Sidewalk Improvements” consist of improvements:
• 15 (“Ashby Sidewalk Widening”),
• 16 (“MLK Sidewalk Widening (north)”), and
• 17 (“MLK Sidewalk/Bikeway Widening (south)”)
• BART Improvements. The “BART Improvements” consist of improvements:
• 4B (“Required Emergency Access”),
• 5 (“TPSS Access Area”),
• 6 (“Station Entrance Plaza”),
• 8 (“North Plaza Stair (to be rebuilt)”),
• 10 (“South Plaza Stair (to be rebuilt)”),
• 12 (“South Platform Egress Stair and BART Storage
(access to be reconfigured)”),
• 13 (“BART Vents (to be extended above plaza)”), and
• 14 (“ADA/Bike Ramp (new)”).
iii. The funds to construct and maintain Public Infrastructure and the TPSS Improvements are expected to come from a combination of sources. The responsibilities of the parties with respect to constructing, maintaining, and seeking funding for Public Infrastructure and the TPSS Improvements shall be as set forth in this Term Sheet and in the matrix attached hereto as Appendix E (“Infrastructure Matrix”). To the extent there is a conflict between the Term Sheet and the Infrastructure Matrix, the Term Sheet shall control.
iv. The Parties understand that available funding sources, financing estimates, and economic conditions could change as this Project proceeds. The Parties

15 shall cooperate to prepare a mutually agreeable financing strategy for Public Infrastructure that will respect the priorities for external funding identified in the term sheet, except to the extent the parties agree that flexibility is needed to maximize the external funding available for Public Infrastructure. BART shall require the West Lot Developer to collaborate with the Parties in preparing the financing strategy. Failure of the Parties and the West Lot Developer to prepare such a financing strategy shall not preclude either party from applying for external funding nor relieve either party of the obligations identified in this Term Sheet to cooperate on funding applications. Parties acknowledge that the financing strategy may need to be updated over time to reflect availability of financing sources.

2. General Responsibilities of the Parties. Except as otherwise provided in this Term Sheet and in the Infrastructure Matrix, BART and/or the West Lot Developer shall be responsible for constructing and maintaining the TPSS Improvements (7A and 7B) and the Public Infrastructure on the West Lot, the City and/or the East Lot Developer shall be responsible for constructing and maintaining Public Infrastructure on the East Lot, and the City shall be responsible for constructing and maintaining the Roadway Reconfigurations and the Adeline Plaza Improvements. The parties shall take future maintenance costs into consideration when designing and costing Public Infrastructure.

3. External Funding. Throughout the development process, BART, the City, the West Lot Developer, and the East Lot Developer shall collaborate on securing funding for Public Infrastructure. Such collaboration may include, for example, coordination on the scope and requests for applications to state funding sources that support transit- oriented development such as the Affordable Housing & Sustainable Communities (“AHSC”), Infill Infrastructure Grants (“IIG”), and Transit and Intercity Rail Capital (“TIRCP”) programs. The anticipated external funding sources for each of the Public Infrastructure are identified in, but shall not be limited to, those sources listed in the Infrastructure Matrix. To the extent external funding opportunities are limited, first priority for use of grant funds shall be given to “essential” improvements, second priority shall be given to “high priority” improvements, and third priority shall be given to “medium priority” improvements, as those priorities are identified in the Infrastructure Matrix (Appendix E). BART and the City shall make good faith efforts to develop an infrastructure grant funding strategy that seeks to maximize the total amount of grant funding available for the essential improvements.

4. Eastside Elevator. It is anticipated that BART may (but is not required to) determine that it is necessary to make upgrades to the elevator on the east side of Adeline Street that is used by BART riders to access the station (the “Eastside Elevator”). In the event

16 that BART, in its sole discretion, determines that upgrades to the Eastside Elevator are necessary, BART shall be responsible for securing grants or other funding for such upgrades. To the extent necessary, and as a showing of good faith, the City or the East Lot Developer will cooperate with BART in seeking external funding to support BART-related infrastructure needs necessitated by the East Lot project. However, if external funding is unavailable, neither the City nor the East Lot developer shall be responsible for construction or maintenance funding for BART-related infrastructure.

5. Adeline Plaza Improvements (1B, 2A, and 3A). Adjacent to the West Lot, within the City’s right of way, the City shall be responsible for constructing and maintaining Adeline Plaza Improvements (Adeline Main Plaza, Ashby/Adeline Corner Plaza, and MLK/Adeline/Woolsey Plaza), including improvements related to the anticipated flea market space, which may include, but are not limited to, public open plazas, plantings, and green space. The City, BART, and the West Lot Developer shall collaborate on securing funding for the Adeline Plaza Improvements with the goal of marshalling financial resources from external sources (such as from the county, region, or state) and, for Adeline Main Plaza (1B), through the City’s formation of an Enhanced Infrastructure Financing District (“EIFD”) for the West Lot, which is more particularly described in Section II.D.1, below. For purposes of determining priority in allocating EIFD funds or external funding for the project, the Adeline Main Plaza (1B) is considered essential to the project, the Ashby/Adeline Corner Plaza (2A) is considered high priority, and MLK/Adeline/Woolsey Plaza (3A) is considered medium priority.

6. Traction Power Substation (7A and 7B).
i. The TPSS Improvements (7A and 7B) consist of a new Traction Power Substation (“TPSS”) proposed by BART, together with related improvements, which are 100% designed and will be constructed in the locations shown in Appendix C labeled 7A and 7B. All direct, indirect, and ongoing operating costs associated with the TPSS Improvements shall be the sole responsibility of BART. BART currently anticipates using the TPSS Access Area (5) to provide the crane access required for TPSS maintenance. BART shall not use the existing Adeline Street sidewalk or future Adeline Plaza Improvements for crane access unless BART provides temporary or permanent supports sufficient to support the crane, at BART’s sole cost and expense. BART’s construction of the TPSS shall conform to the location shown as 7A and 7B in Appendix C. BART shall meet and confer with the City before materially altering the TPSS location and shall work in good faith to address any concerns with the revised location that the City may identify. Any increased TPSS infrastructure construction or operating costs that may result from

17 modifications to the TPSS location shall be the sole responsibility of BART; neither the City nor the East Lot developer shall be responsible for such costs. ii. The TPSS Improvements shall include decorative fencing with artistic treatments or other mutually agreeable screening treatment, along Adeline Street, and along the public facing edges at the north and south ends of the replacement TPSS, to screen the replacement TPSS from pedestrians (the “TPSS Screening Improvements”). BART shall be responsible for the construction and maintenance of the TPSS Screening Improvements. The City shall cooperate with BART in seeking external funding for the TPSS Screening Improvements, but the obligation to construct and maintain the improvements shall not be contingent on the availability of such funding.

7. West Lot BART Infrastructure. BART is committed to supporting the West Lot Developer in seeking external funding to pay for the BART Improvements and any other BART-related infrastructure needs necessitated by new development that may result in costs above and beyond those a developer would incur on similar privately- owned property. To the extent these external funding sources are not sufficient to cover the costs of BART-related infrastructure, such funding shortfall shall be considered a factor affecting project feasibility for purposes of this Term Sheet. BART shall also be responsible for, and may seek external funding for, any necessary upgrades to ventilation, lighting, vertical circulation, utilities, or other BART-related infrastructure, which responsibility may be delegated to the West Lot Developer. As indicated on the Infrastructure Matrix, BART has identified certain BART Improvements as essential to the West Lot project and the sole responsibility of West Lot Developer. However, the ultimate responsibility for the BART Improvements as between BART and West Lot Developer shall be determined by BART in its sole discretion. The City shall have no responsibility for the construction or maintenance of the BART Improvements or any other BART-related infrastructure on the West Lot.

8. Adeline Plaza Extensions (11 and 2B). The Adeline Plaza Extensions consist of the South Plaza Extension (11) and the Ashby/Adeline Corner Plaza Extension (2B).

South Plaza Extension is an extension of the southern portion of the Adeline Main Plaza by providing an expanded plaza area and/or public accessways on the West Lot.

The South Plaza Extension (11) shall comprise at least 4,800 square feet, and shall be extended as necessary to bridge any gap and connect with the adjacent TOD building.

The Ashby/Adeline Corner Plaza Extension (2B) is an extension of Ashby/Adeline Corner Plaza (2A), at the intersection of Adeline Street and Ashby Avenue, and shall connect Ashby/Adeline Corner Plaza (2A) to the adjacent TOD building through an expanded plaza area and/or public accessways on the West Lot.

18 i. Purpose. The intended purpose of the Adeline Plaza Extensions is to provide at-grade pedestrian connectivity between the Adeline Plaza Improvements and one or more new TOD buildings with commercial and/or residential uses having frontages that support activation of the Adeline Main Plaza (1B), and that complement market activities there. The Adeline Plaza Extensions shall be improved with elements such as a wider sidewalk, outdoor seating area, outdoor dining area, landscaping, or other usable open space. ii. Use by Berkeley Flea Market. At least 50% of the area of the South Plaza Extension shall be publicly accessible open space. The publicly accessible portion of the South Plaza Extension shall be made available for nonexclusive use by the Berkeley Flea Market.
• In the event that BART retains possession of the applicable portion of the South Plaza Extension, the Berkeley Flea Market’s use shall be via a “Concession Permit” (or a similar document permitting the Berkeley Flea Market use) issued by BART, on financial terms comparable to the Flea Market’s current arrangement with BART, as adjusted for inflation, and subject to the Berkeley Flea Market materially satisfying all requirements thereunder, including but not limited to review and approval of the proposed use, which permit shall not be unreasonably withheld.
• In the event that the West Lot Developer has a right to possess the applicable portion of the South Plaza Extension, BART’s ground lease shall obligate the West Lot Developer to make at least 50% of the area open and available to the public, and to, at the Berkeley Flea Market’s option, enter into an agreement for the use of at least 50% of the area of the South Plaza Extension by the Berkeley Flea Market on financial terms comparable to the Flea Market’s current arrangement with BART, as adjusted for inflation and, subject to the terms of the ground lease and to the Berkeley Flea Market satisfying all reasonable requirements of the West Lot Developer.
• The 50% area to be used by the Berkeley Flea Market shall be configured to avoid interference with required building emergency egress and BART rider ingress/egress.
iii. Delivery. The South Plaza Extension (11) is considered essential to the West Lot development and shall be included in the final project. The Parties acknowledge that the technical issues involved in providing at-grade

19 pedestrian connectivity between a new TOD building and Adeline Street, and the costs associated therewith, have not been fully evaluated at this time.

BART shall use good-faith efforts to work with the West Lot Developer to ensure that the final project will deliver at-grade pedestrian connectivity between a new TOD building and Adeline Main Plaza (1B) using high quality design and materials; provided that, in the event of a funding shortfall, BART, City and West Lot Developer shall work in good faith to identify value- engineering and other cost saving measures as provided in paragraph iii below.

The Ashby/Adeline Corner Plaza Extension (2B) is considered a high priority improvement and shall be included in the final project to the extent consistent with project feasibility.
iv. Funding. The City, BART, and the West Lot Developer shall collaborate on securing external funding for the Adeline Plaza Extensions (such as from the county, region, state, or federal government). In addition, the South Plaza Extension (11), to the extent eligible for EIFD funding under state law, shall be given priority among plaza extensions for EIFD funding as more particularly described in Section II.D.1.i, below, contingent upon West Lot Developer committing to a capital contribution of no less than $1 million for the South Plaza Extension.
v. Funding Shortfall. If revenues from the EIFD (including related interim bridge financing) and external funding sources are insufficient (or unavailable) to fund the South Plaza Extension, the parties will meet and confer to discuss value engineering measures to ensure the economic feasibility of the project; provided, however, that in no event shall the South Plaza Extension be constructed using low-quality materials. The West Lot Developer shall be responsible for the costs of constructing the Adeline Plaza Extensions in the event of any funding shortfalls. Neither City nor BART shall be required to contribute funds towards the Adeline Plaza Extensions. vi. EIFD Bridge Financing: The Parties acknowledge that EIFD funds may not be available until after the improvements associated with the Project are complete and on the tax rolls. The parties will collaborate on a plan to provide bridge financing through creation of a Community Facilities District (“CFD”) or other financing mechanism to be offset, reimbursed, or refinanced when EIFD revenues become available. The City shall be responsible for the maintenance of the public portions of the Adeline Plaza Extensions, which shall be funded by the CFD identified in Section II.D.3.

Any portions of the Adeline Plaza Extensions which are for the exclusive use

20 of the West Lot project shall be maintained by Developer and shall not be eligible for CFD funding.

9. BART Terrace Improvements (9A and 9B). The BART Terrace Improvements consist of improvements to the Existing BART Terrace (9A) abutting the proposed Adeline Plaza, and any BART Terrace Extension (9B) necessary to connect the Existing BART Terrace to the adjacent TOD Building. As with the Adeline Plaza Extensions, the purpose of any BART Terrace Extension is to provide at-grade pedestrian connectivity between the Adeline Plaza Improvements and one or more new TOD buildings with commercial and/or residential uses having frontages that support activation of the Adeline Main Plaza (1B), and that complement market activities there.
i. Use by Berkeley Flea Market. The Existing BART Terrace shall be publicly accessible open space, and at least 50% of the area shall be made available for nonexclusive use by the Berkeley Flea Market.
• In the event that BART retains possession of the applicable portion of the Existing BART Terrace, the Berkeley Flea Market’s use shall be via a “Concession Permit” (or a similar document permitting the Berkeley Flea Market Use) issued by BART, on financial terms comparable to the Flea Market’s current arrangement with BART, as adjusted for inflation, and subject to the Berkeley Flea Market materially satisfying all requirements thereunder, including but not limited to review and approval of the proposed use, which permit shall not be unreasonably withheld.
• In the event that the West Lot Developer has a right to possess the applicable portion of the Existing BART Terrace, BART’s ground lease shall obligate the West Lot Developer to make the area open and accessible to the public, and, at the Berkeley Flea Market’s option, to enter into an agreement for the use of at least 50% of the area of the Existing BART Terrace by the Berkeley Flea Market on financial terms comparable to the Flea Market’s current arrangement with BART, as adjusted for inflation and, subject to the terms of the ground lease and to the Berkeley Flea Market satisfying all reasonable requirements of the West Lot Developer.
• The 50% area to be used by the Berkeley Flea Market shall be configured to avoid interference with building emergency egress, and BART rider ingress/egress.

21 ii. Delivery. BART and/or the West Lot Developer shall be responsible for constructing any improvements to the Existing BART Terrace and, if it is included in the final Project design, for constructing the BART Terrace Extension. EIFD funding may be made available for eligible BART Terrace Improvements if external funding is insufficient to cover construction costs, consistent with Section II.D.1.ii below. The BART Terrace Improvements are considered a high priority and shall be included in the final project to the extent consistent with project feasibility.

10. Roadway Reconfigurations (1A and 3B).
i. Overview. The Adeline Street Transportation Improvements Project is expected to repurpose two of the existing four traffic lanes to create a new public pedestrian plaza and protected bikeways, along with upgraded traffic signal infrastructure and enhanced public transit operations on Adeline Street.

The project scope of work includes redesigning the intersections of Adeline/Ashby and MLK/Adeline/Woolsey adjacent to Ashby BART. The component of the project to reconfigure Adeline Street is identified in Appendix C as 1A (Adeline Street Reconfiguration), and the component to reconfigure the MLK/Adeline/Woolsey intersection is identified in Appendix C as 3B (MLK/Adeline/Woolsey Intersection Redesign).
ii. Funding of Roadway Reconfigurations. The Adeline Street Reconfiguration (1A) is considered essential to the project. Existing funding for the Adeline Street Reconfiguration is through Preliminary Engineering only, and funding for subsequent engineering design and construction phases has not yet been identified. The City and BART shall work collaboratively to identify funding for remaining project phases. The MLK/Adeline/Woolsey Intersection Redesign (3B) is considered a high priority improvement. The West Lot Developer shall collaborate with the City on securing funding for the Roadway Reconfigurations, including, for example, by coordinating on the scope and requests for applications to state funding sources. However, the costs of the Roadway Reconfigurations shall not be borne by BART or the West Lot Developer, but rather by grants, subsidies, or other publicly available funding sources.

11. Sidewalk Improvements (15, 16, and 17). The Sidewalk Improvements consist of the widening of the sidewalks along Ashby Avenue and MLK Way, and the widening of the sidewalk and construction of a new protected bikeway along MLK Way at the southern portion of the West Lot. The Sidewalk Improvements have a medium priority. West Lot Developer is responsible for the construction of the Sidewalk

22 Improvements and the costs thereof. The City shall be responsible for maintenance of the improved sidewalks.

12. BART Rider Parking. BART rider parking on the West Lot shall be the sole responsibility of BART and shall be within the sole discretion of BART, except that BART shall commit to providing ADA parking spaces in a quantity sufficient to meet user demand (up to the current amount at the station [16]), but in no event fewer than the quantity required by law. BART will monitor ADA space occupancy during the conceptual design process to determine the appropriate number of ADA spaces prior to construction. BART shall not require BART rider parking, including ADA parking, on the East Lot. The City, at its sole discretion and subject to any required public process and approvals, may elect to accommodate some or all of BART’s ADA parking obligation within the City’s right of way for the purpose of reducing costs and allowing external funding to be directed to other Public Infrastructure.

13. Coordination and Construction Process. The City, BART, and the West Lot Developer shall endeavor to coordinate the design and construction of the Roadway Reconfigurations, Adeline Plaza Improvements, the Adeline Plaza Extensions, the BART Improvements, and any other public infrastructure necessary for the project that may affect those improvements, to promote efficiency, seek compatibility of design and materials, and minimize conflicts with other City projects. To facilitate coordination and increase efficiency, the City, BART, and/or the West Lot Developer may enter into construction and reimbursement agreements providing for a single party to construct multiple improvements concurrently, with costs allocated as provided in this Term Sheet. However, development of the West Lot project and necessary Public Infrastructure may proceed prior to completion of the Roadway Reconfigurations and the Adeline Plaza Improvements. Additionally, nothing in this Term Sheet is intended to bar the City from assessing any regular public works fees on the developer associated with processing development permits and mitigating development impacts.

14. Specific Maintenance Responsibility for BART-Related Infrastructure. BART shall be responsible for the costs of maintaining any BART-related infrastructure, such as the Eastside Elevator, the TPSS, and the BART Improvements, regardless of whether such infrastructure is on the East Lot, the West Lot, or within the City’s right of way, with the exception of any on-street ADA parking spaces, which shall be maintained by the City.

D. Special Funding Mechanisms for Public Infrastructure

23 1. West Lot EIFD. The City will make good faith efforts to pursue formation of an EIFD over the West Lot to improve the economic feasibility of development on the West Lot and potentially increase the level of affordable housing on the site. The City commits to making a good faith effort to form the EIFD within 12 months of approval of the entitlements for the West Lot Project. BART and the developer shall provide the requisite consents to (and refrain from protesting) formation. Priority of funds will be as follows:
i. (a) The South Plaza Extension (11) (to the extent eligible under state law, and contingent upon West Lot Developer committing to a capital contribution of no less than $1 million for the South Plaza Extension) and (b) Adeline Main Plaza (1B).
ii. The BART Terrace Improvements (9A and 9B) and Ashby/Adeline Corner Plaza (2B).
iii. Public Infrastructure costs with no other available funding source, but excluding the BART Improvements or any other BART-related infrastructure (such as BART rider parking).
iv. Affordable housing funding gap for units in excess of the City’s current inclusionary housing requirement.
v. Tax increment “pay as you go” financing to reimburse the developer(s) for eligible capital and maintenance costs for improvements financed by the EIFD.

2. East Lot EIFD. The City may, in its discretion, form an EIFD on the East Lot to improve the economic feasibility of development on the East Lot. The City may use the proceeds from the East Lot EIFD for any eligible costs associated with the East Lot development, provided that the funds shall not be applied toward any BART- related infrastructure.

3. Community Facilities District. The City’s costs of maintaining the Adeline Plaza Improvements and the Adeline Plaza Extensions shall be covered by a CFD consisting solely of the West Lot, to fund ongoing maintenance responsibilities carried out by the City. The CFD shall only cover maintenance expenses for the public portions of the Adeline Plaza Extensions; it shall not cover maintenance of any portion that is for the exclusive use of the West Lot project. The City will initiate the formation of the CFD. The Parties will collaborate on developing the local goals and policies and, with the West Lot Developer, on determining the CFD’s rate and method of apportionment, which determination shall take into account the impact that such additional tax burden

24 will have on the feasibility of the West Lot Project. BART shall give (and shall require West Lot Developer to give) any consents necessary to form the CFD, and BART or the West Lot Developer, as applicable, will vote in favor of formation of the CFD.

The Parties acknowledge that a CFD will impact the feasibility of the Project by increasing the tax burden on the West Lot TOD, and agree to seek external funding sources if the CFD cannot feasibly generate enough revenue to cover the maintenance costs of the Adeline Plaza Improvements and Adeline Plaza Extensions.

E. Other Design and Development Considerations

1. West Lot Civic Commercial Uses & Amenities.
i. The West Lot development shall be required to include a minimum of 5,000 net rentable square feet of ground floor interior space for community-based organizations, non-profits, and/or small and minority-owned businesses, including the Berkeley Flea Market, with triple net lease rents less than or equal to 50% of fair market (triple net) rent during the term of the ground lease.

Tenants for this space, other than the Berkeley Flea Market may be recommended by the City but are subject to the West Lot Developer’s sole discretion.
ii. The West Lot development may incorporate the public artwork by Mildred Howard that was recently commissioned by the City.

2. The Berkeley Flea Market. Following the completion of the Adeline Plaza Improvements (1B, 2A, and 3A), the South Plaza Extension (11), and the BART Terrace Improvements (9A and 9B), those areas shall be made available (consistent with Sections II.C.8.ii and II.C.9.i) as vending space for the Berkeley Flea Market on terms comparable to its current arrangement with BART, as adjusted for inflation, and potentially for other public markets and microenterprise businesses. The City may allow some portion of adjacent right-of-way to also be utilized to support the Berkeley Flea Market (and other public programming), such as for vendor parking at the curb on weekends. BART will not terminate its current arrangement with the Berkeley Flea Market nor increase its rent until the West Lot Developer requires possession of the West Lot for purposes of commencing construction. If, at that time, the Adeline Main Plaza (1B) is not yet completed, the City will assist the Berkeley Flea Market in identifying and securing a suitable alternate location.

3. Community Benefits Fund. The City intends to require that a portion of net project profit from the East Lot mixed income or market rate development parcels shall be allocated to create a reparative community benefits fund for South Berkeley residents,

25 as follows: By the earlier of (i) the beginning of the fourth year after a Temporary Certificate of Occupancy (“TCO”) is approved for a market rate or mixed income parcel on the East Lot, or (ii) stabilization (i.e., 95% occupancy) is achieved for such parcel, the developer of the parcel shall fund its pro rata share, as calculated pursuant to the next sentence, of an $150,000 contribution to the Community Benefits Fund, to be paid annually on the anniversary of the date the first payment was due, with annual cost of living adjustments of no less than 3.0% per annum. The percentage of the total to be paid by each qualifying parcel shall be calculated by dividing the parcel’s net rentable or net sellable square footage by the total net rentable or net sellable square footage of all market rate or mixed income development approved or proposed on the East Lot. The final terms of any community benefits fund shall be established by the City in its sole discretion.

F. Objective Design Standards

1. Overview. The Parties desire to maintain the ability for the City and community to provide effective input as to the design of development proposed at the Ashby Project.

The Parties agree that the primary vehicles for City and community input are set forth in section 23.202.150 of the City’s Zoning Code, in the JVP, and in the ODS that will be developed separately for the West Lot and the East Lot. The Parties agree that the intent of ODS is to allow the City, the community, BART, and the developer to have a strong voice in the design quality of the development at the Ashby Station. The following sections describe the Parties’ mutual understandings regarding the ODS and ODS process for the West Lot. The process and content of any ODS for the East Lot shall be determined by the City in its sole discretion provided that the ODS must allow for at least 248 units and at least 300 bedrooms.

2. Binding Nature of ODS. The Parties understand and agree that pursuant to Section I.C of this Term Sheet and applicable law, a development application that qualifies for streamlined review shall be subject to ODS that will be duly adopted by the City prior to the submittal of the development application, and that such ODS shall be enforceable as permit conditions by the City. The West Lot Developer shall not submit any development application (including a preliminary application) before the earlier of the adoption of the ODS or the expiration of the ODS Approval Period. In addition, as part of the consideration for the City’s relinquishment of its option rights in the West Lot air space, the covenant encumbering the West Lot shall require that development comply with ODS that meet the requirements of Appendix D. BART shall ensure through its property agreements with the West Lot Developer that development on the West Lot adheres to ODS meeting the requirements of Appendix D. Notwithstanding anything to the contrary herein or in Appendix D, the West Lot Developer may invoke waivers, incentives or other exceptions, to the extent permitted

26 by law, but only with respect to (a) zoning requirements other than those set forth in or modified by the ODS, (b) ODS requirements pertaining to minimum square footage of active or non-residential ground floor uses, but only to the extent such requirements exceed 15,000 square feet, inclusive of the 5,000 square feet of community/civic commercial space, and (c) other ODS requirements that do not pertain to height limits, setbacks/step-backs, open space or massing breaks.

3. Development of West Lot ODS. BART has retained a consultant, Raimi & Associates (“Raimi”), directed by the City, to work with both Parties, community stakeholders, and the West Lot Developer to create ODS for the West Lot. Raimi has prepared a “Capacity Study based on a circulation framework and other development assumptions mutually agreed upon by the Parties. The Capacity Study shall be incorporated into the Exchange Agreement and serves to establish the net developable area of the site for purposes of determining ODS compliance with the requirements of Appendix D, as more particularly described therein. The process for adoption of ODS shall occur in two phases: the “Preliminary ODS” and the “Final ODS.” Raimi and City shall complete the Preliminary ODS for the West Lot by November 19, 2024 in advance of the release of the RFP or RFQ/RFP so that it may be included as an exhibit to the RFP or RFQ/RFP. The public and BART shall be given an opportunity to review and comment on the Preliminary and Final ODS, as will the West Lot Developer following developer selection. BART and West Lot Developer shall make good faith efforts to provide the City with information regarding the proposed project design necessary to develop ODS, and any other input they may have on draft or proposed ODS, in a timely fashion. During the ODS Approval Period, the City shall consider the input of the public, BART, and the West Lot Developer in the preparation of Final ODS to be considered for adoption by the Planning Commission and City Council, and shall make a good faith effort to address any objections raised by BART and the West Lot Developer relating to the impact of ODS on project feasibility or design.

4. Requirements for ODS. The Parties agree that the ODS shall comply with the requirements set forth in Appendix D. Main topics in the ODS may include but are not limited to:
• Public realm improvements
• Building form and massing
• Building façade design
• Open space and landscape

5. Appendix D Compliance – Process for Objecting. Prior to submitting proposed Final ODS to the Planning Commission, the City shall provide them to BART and the West

27 Lot Developer. If BART or the West Lot Developer object to any of the proposed Final ODS based on noncompliance with the requirements set forth in Appendix D, they shall submit such objections to the City, along with an explanation of the basis for the objections, within fifteen (15) business days of receipt. If objections are timely submitted, the City, BART and West Lot Developer shall promptly meet and confer in good faith to resolve the objections and make any revisions before the proposed Final ODS are submitted to the Planning Commission. If BART or West Lot Developer believes the Final ODS recommended by the Planning Commission for approval by Council would not comply with Appendix D, BART or West Lot Developer shall have fifteen (15) business days following the Planning Commission’s recommendation to submit their objections to the City, along with an explanation of the basis for them, and the City, BART, and the West Lot Developer shall promptly meet and confer in good faith to resolve them prior to submittal to the City Council.

If no objections based on Appendix D requirements are raised within the applicable fifteen (15) business day period, or if timely raised objections are resolved through the meet and confer process, the Final ODS approved by Council will be deemed to satisfy the requirements set forth in Appendix D unless modified by Council in a manner that affects compliance with the Appendix D requirements. Nothing in this paragraph is intended to limit the ability of BART or West Lot Developer to provide comments on the Preliminary or Final ODS at any time prior to final approval, or to raise concerns or objections to proposed ODS based on considerations other than compliance with Appendix D.

6. Approval of West Lot ODS. Once a complete draft of Final ODS has been prepared and the process for resolving any objections described in the preceding paragraphs 3 and 5 has been completed, City staff will submit the draft Final ODS to the Planning Commission for recommendation. Following the Commission’s recommendation and completion of the process for resolving objections to that recommendation, the City shall submit the Final ODS for the West Lot to the City Council for adoption no later than nine months after the execution of the ENA for the West Lot (“Approval Period”). Should the City believe that, due to a force majeure event (including but not limited to war, terrorist attack, pandemic, natural disaster, or other similar occurrence beyond the City’s control), the City is unable to adopt West Lot ODS within the Approval Period, the City may request an extension of the Approval Period from BART not more than 30 days after the commencement of the force majeure event, which request shall identify the force majeure event and specify how it has affected the City’s ability to adopt West Lot ODS within the Approval Period. The extension of the Approval Period requested shall be of a duration equal to the duration of the impact of the force majeure event on the City’s ability to adopt the West Lot ODS.

BART’s approval shall not be unreasonably withheld.

28 7. Funding of ODS. The City shall bear full responsibility for any costs to develop ODS on the East or West Lot in excess of the available grant funding or those costs incurred after the grant expenditure deadline.

III. Other
A. Additional Requirements . The Ashby Project must comply with all relevant applicable BART and City policies and ordinances to the extent allowable by law. BART’s relevant policies can be found at www.bart.gov/TOD and currently include its Transit-Oriented Development Policy, Affordable Housing Policy, AB 2923 Development Principles, Project Stabilization Agreement Policy for Transit-Oriented Development, and Labor Peace Agreement Policy for Transit-Oriented Development Hotel Operations.

B. Term Sheet Non-Binding. While this Term Sheet summarizes certain terms and conditions for the Ashby Project, it is not intended to be contractually binding on the City or BART. No legal obligation will exist regarding the transactions described in this Term Sheet, unless and until the parties have negotiated, executed and delivered mutually acceptable agreements approved by each Party’s decision-making body in accordance with all legal requirements, including, to the extent applicable, the California Environmental Quality Act (CEQA).
(Signatures on following page)

29 CITY OF BERKELEY

PAUL BUDDENHAGEN

CITY MANAGER
JESSE ARREGUÍN
MAYOR

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
ROBERT M. POWERS

GENERAL MANAGER

LIST OF EXHIBITS
Appendix A Ashby Project Aerial
Appendix B Schedule
Appendix C Infrastructure Map
Appendix D ODS Requirements
Appendix E Infrastructure Matrix
Appendix F City Standard Conditions of Approval Relied on in R-BMU Zoning EIR Appendix G Capacity Study

30 APPENDIX A: ASHBY PROJECT AERIAL

Adeline St
Ashby Ave Ed Roberts
Campus
Main BART
Entrance
MLK Jr. Way
Prince St
Woolsey St
Main Lots
West Lot
Block 1
Block 2
Block 3
Block 4
East Lot

31 APPENDIX B: SCHEDULE
Activity Lead Party Milestone Outside Date
Term Sheet Execution BART & City
The Parties execute the Term
Sheet following approval by
City Council
23-Sep-24
Provide Draft RFP for City 1st
Review BART
BART to transmit to City
combined Request for Proposals
and Notice of Funding
Availability for City
Predevelopment Funding (RFP)
24-Sep-24
Provide Draft Exchange
Agreement documents for
BART's Review
City
City to transmit to BART all
proposed documents related to
property exchange and covenants
24-Sep-24
Complete 1st Round Comments
on Developer Solicitation
Document (RFP)
City
City to transmit to BART
language on Notice of Funding
Availability for City
Predevelopment Funding as well
as general comments on RFP
15-Oct-24
Provide Draft RFP for City 2nd
Review BART BART to transmit revised RFP
to City 29-Oct-24
Complete 2nd Round Comments
on Developer Solicitation
Document (RFQ-P)
City City to provide final comments
on RFP 19-Nov-24
Preliminary ODS Complete City City finalizes Preliminary ODS for inclusion in RFP 19-Nov-24
Exchange Agreement Approval City
City Council authorizes
execution of Exchange
Agreement documents aligned
with terms approved by City
Council and presented to BART
Board
19-Nov-24
Exchange Agreement Execution BART & City
The Parties execute binding
documents related to the
exchange of property interests
that will be effectuated
following ENA execution
26-Nov-24
Developer Solicitation Issuance BART
BART issues combined RFP and
Notice of Funding Availability
for City Predevelopment Funding
to developer community
3-Dec-24

32 Activity Lead Party Milestone Outside Date
City Affordable Housing
Funding - Predevelopment
Funding
City
Council award of
predevelopment funds (if
requested) to Developer
No later than 60 days after
Developer Selection
Infrastructure Financing Strategy
City & BART
with
collaboration
by West Lot
Developer
Draft strategy prepared by City
and BART with collaboration by
West Lot Developer
No later than 9 months after
ENA execution; failure to
complete this shall not constitute
default under any binding
agreement.

City Application Development
team
Development team submits a
complete application for a
Master Development Permit, or
for at least one affordable
housing building’s
entitlements/permit
No sooner than Adoption of
ODS (or 9 months from
execution of ENA, whichever
comes first) and no later than 3
years from execution of ENA
Project Financing Development
team
For each affordable housing
project, development team
secures complete project
financing. If this milestone is not
met, the City may rescind the
development funding reservation
for that project component.
31-Dec-33
Adoption of Objective Design
Standards City Objective Design Standards
adopted by City Council
No later than 9 months after
ENA execution
Developer Selection BART Board
of Directors
Identified development team
(selected by a BART-City-EBB
panel), with demonstrated
capacity to complete affordable
housing projects representing at
least 35% of anticipated housing
for the entire site.
26-Jun-25
Execution of an Exclusive
Negotiating Agreement (“ENA”) BART ENA signed with Developer No later than 9 months after Developer selection

33 APPENDIX C: INFRASTRUCTURE MAP
Note: The number and footprint of structural elements, as well as the spaces between them, have not been designed and are illustrative. The actual location of various structural elements may differ from the depictions below.

34 APPENDIX D: ODS REQUIREMENTS
Requirements for Objective Design Standards on West Lot The City’s future ODS for the West Lot shall be binding on BART and the West Lot Developer without respect to any waivers, incentives or other exceptions that may otherwise be available under the Density Bonus Law or other provision of law, and BART shall require the West Lot Developer to comply with the Final ODS utilizing its real estate agreements, provided that:

1. City zoning is consistent with AB 2923 in that it allows a density of at least 75 dwelling units per acre and a height of at least 7 stories, and does not require parking in excess of the AB 2923 maximums;

2. The ODS is adopted by the City of Berkeley for the West Lot within the Approval Period;

3. The City’s Preliminary and Final ODS include standards that are applicable to development that qualifies for a density bonus under the state Density Bonus Law and allows for greater heights than existing zoning (“ODS Density Bonus Standards”). The ODS Density Bonus Standards must (a) allow heights of at least 85 feet without a maximum number of stories, and (b) allow (but not require) that development occur in BART’s Zone of Influence (“ZOI”);

4. The ODS Density Bonus Standards, when applied to a hypothetical development that (a) is within the net developable area (“NDA”) footprint shown in the Capacity Study and (b) has a height no greater than 8 stories, allow for a gross residential square footage of at least 600,000 sq ft.; and

5. The ODS Density Bonus Standards, when applied to a hypothetical development within the NDA that has a height over 85 feet but within the maximum height allowed by the ODS Density Bonus Standards, allow for a gross residential square footage of at least 750,000 square feet.

The Parties agree that an 8-story development under ODS Density Bonus Standards meeting the above requirements will allow for at least 600 units, based on an average net floor area of 750 square feet per unit, assuming a 75% efficiency factor.

Notwithstanding the foregoing, the West Lot Developer may invoke waivers, incentives or other exceptions, to the extent permitted by law, but only with respect to (a) zoning requirements other than those set forth in or modified by the ODS, (b) ODS requirements pertaining to minimum square footage of active or non-residential ground floor uses , but only to the extent such requirements exceed 15,000 square feet, inclusive of the 5,000 square feet of community/civic commercial space, and (c) other ODS requirements that do not pertain to height limits, setbacks/step-backs, open space or massing breaks.

35 Net Developable Area
The NDA is defined as the gross developable area of the West Lot, as shown in Appendix G, the Capacity Study. The NDA assumes development will occur in the BART ZOI. The NDA shown in the Capacity Study shall not be altered for purposes of determining compliance of ODS with the requirements of this Appendix D, regardless of any later alterations made to the location of BART infrastructure, public site circulation, or building footprints, or any other considerations of development feasibility that may arise in connection with a proposed development project.

The final NDA shall be used solely for the purposes of calculating ODS Capacity and shall not otherwise bind BART, the City or the West Lot Developer in any manner, including with respect to the size, location or configuration of the development footprint for the final project.

ODS Capacity
The amount of gross residential square footage allowed under the applicable Density Bonus Standards (“ODS Capacity”) shall be calculated by applying R-BMU zoning requirements to a hypothetical project eligible for density bonus within the NDA at the heights specified in paragraphs 4 and 5 above, as applicable, and accounting for square footage that is lost due to required setbacks, step-backs, massing breaks, or other required features (e.g. fire and life safety requirements) required under by the ODS Density Bonus Standards. The determination of ODS Capacity shall be made by Raimi if mutually agreed by the Parties, or if not, then a design professional such as a member of the American Institute of Certified Planners (AICP) or licensed architect, to be selected by mutual agreement of BART and the City. The determination of ODS Capacity shall use the same extrinsic assumptions used in the agreed-upon Capacity Study (to the extent not impacted by the ODS), including without limitation the number of stories (with respect to paragraph 4 above only), space required for emergency access, and the amount of parking assumed for each building. ODS Capacity will be calculated for the entirety of the West Lot development and not individual buildings or blocks. For purposes of the ODS Capacity calculation, residential square footage shall not include square footage for parking.

36 APPENDIX E: INFRASTRUCTURE MATRIX

37 APPENDIX F: CITY STANDARD CONDITIONS OF APPROVAL RELIED ON IN R-BMU

ZONING EIR

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

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

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

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

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

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

Therefore:

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

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

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

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

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

3. Human Remains (Ongoing throughout demolition, grading, and/or construction). In the event that human skeletal remains are uncovered at the project site during ground- disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to Section 15064.5 (e)(1) of the CEQA Guidelines. If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, and all excavation and site preparation activities shall cease within a 50-foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities.

Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.

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

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

6. Construction Noise Reduction Program. The applicant shall develop a site-specific noise reduction program prepared by a qualified acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Zoning Officer. The noise reduction program shall include the time limits for construction listed above, as measures needed to ensure that construction complies with BMC Section

13.40.070, Prohibited Acts. The noise reduction program should include, but shall not be limited to, the following available controls to reduce construction noise levels as low as practical:

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

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

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

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

E. Prohibit unnecessary idling of internal combustion engines.

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

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

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

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

7. Construction Noise Management. Public Notice Required. At least two weeks prior to initiating any construction activities at the site, the applicant shall provide notice to businesses and residents within 500 feet of the project site. This notice shall at a minimum provide the following: (1) project description, (2) description of construction activities during extended work hours and reason for extended hours, (3) daily construction schedule (i.e., time of day) and expected duration (number of months), (4) the name and phone number of the Project Liaison for the project that is responsible for responding to any local complaints, and (5) that construction work is about to commence. The liaison would determine the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. A copy of such notice and methodology for distributing the notice shall be provided in advance to the City for review and approval.

8. Damage Due to Construction Vibration. The project applicant shall submit screening level analysis prior to, or concurrent with demolition building permit. If a screening level analysis shows that the project has the potential to result in damage to structures, a structural engineer or other appropriate professional shall be retained to prepare a vibration impact assessment (assessment). The assessment shall consider project specific information such as the composition of the structures, location of the various types of equipment used during each phase of the project, as well as the soil characteristics in the project area, in order to determine whether project construction may cause damage to any of the structures identified as potentially impacted in the screening level analysis. If the assessment finds that the project may cause damage to nearby structures, the structural engineer or other appropriate professional shall recommend design means and methods of construction that to avoid the potential damage, if feasible. The assessment and its recommendations shall be reviewed and approved by the Building and Safety Division and the Zoning Officer. If there are no feasible design means or methods to eliminate the potential for damage, the structural engineer or other appropriate professional shall undertake study of existing conditions (study) of any structures (or, in case of large buildings, of the portions of the structures) that may experience damage.

41 This study shall establish the baseline condition of these structures, including, but not limited to, the location and extent of any visible cracks or spalls; and include written descriptions and photographs.

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

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

42 APPENDIX G: CAPACITY STUDY
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DocuSign Envelope ID: C0C683FF-0EA3-4F86-87F2-BFC22F1D741E

DocuSign Envelope ID: C0C683FF-0EA3-4F86-87F2-BFC22F1D741E

DocuSign Envelope ID: C0C683FF-0EA3-4F86-87F2-BFC22F1D741E

DocuSign Envelope ID: C0C683FF-0EA3-4F86-87F2-BFC22F1D741E

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

WORKSESSION
July 18, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Subject: Ashby BART Station Transit-Oriented Development (TOD)

SUMMARY
This report provides an update on activities to facilitate transit-oriented development (TOD) at the Ashby BART station area, including:
 The City’s Option to Acquire Air Rights to the Western Parking Lot  Draft Framework for Community Benefits
 Ashby BART Station Infrastructure and Operations and Future Development  Additional Funding Sources for Affordable Housing and/or Infrastructure.

The purpose of this worksession is to update the City Council on efforts related to the Ashby BART TOD project and to obtain input about the draft framework for community benefits and other aspects of the project.

CURRENT SITUATION AND ITS EFFECTS
For the past several years, the City and BART have been collaborating to facilitate transit-oriented development at the North Berkeley and Ashby BART sites. The City Council and BART Board of Directors executed a Memorandum of Understanding (MOU) in March 2020 and a Memorandum of Agreement (MOA) in June 2022 that outlined key milestones to advance to a solicitation for developer teams. Several of the milestones outlined in these agreements have been completed already, including:
 Reservation of $53 million of City Affordable Housing Funding for the North Berkeley and Ashby BART Sites in April 2021.
 New zoning and General Plan amendments consistent with Assembly Bill 2923 adopted in June 2022.

ATTACHMENT 3Page 100 of 124

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 City and BART adoption of Joint Vision and Priorities for Transit-Oriented Development at the Ashby and North Berkeley BART Station (“JVP”) in June 2022.
 Council approval of preferred option for redesign of Adeline Street at Ashby BART that includes new plaza as a permanent location for the Berkeley Flea Market (November 2022).
 Issuance of a Request for Developer Qualifications and Notice of Funding Availability for the North Berkeley BART station area in July 2022 and selection of a developer team in December 2022.

Due to the additional complex issues that must be resolved prior to issuance of solicitation(s) for developer teams for the Ashby BART station area, the efforts to advance TOD at the North Berkeley and Ashby BART stations are on different timelines. These outstanding issues were identified in the June 2022 MOA. The status of efforts to resolve them are described in more detail below.

A. City’s Option to Acquire Air Rights for the Western Parking Lot As a result of an agreement between the City and BART in October 1964 (prior to the construction of BART), and subsequent agreements and transactions including those related to construction of the Ed Roberts Campus, the City of Berkeley retains an option to acquire the air rights over the western parking lot for $55,000. This arrangement requires cooperation between the City and BART in devising the ultimate terms of a transaction to develop this site.

City staff from the City Manager’s Office, Planning and Development, City Attorney’s Office, Health Housing and Community Services, and Public Works have conducted extensive research to inform options under discussion by the City (led by Major Jesse Arreguin) and BART (led by BART Board Director Lateefah Simon). The negotiating teams are exploring options that would protect and advance both the City’s and BART’s respective objectives, while establishing processes and parameters that do not dissuade the most qualified developer teams from participating in future developer solicitations. Staff anticipates returning to Council in the fall to discuss property negotiations and disposition.

B. Draft Framework for Community Benefits
The June 2022 MOA outlines a set of minimum requirements for the North Berkeley BART station area transit-oriented development, many of which are derived from the JVP and other City and BART Board-adopted requirements (e.g., project labor requirements). Since the JVP establishes both minimum expectations for development as well as aspirational goals, the intent in the MOA is to clearly convey a minimum level of requirements any potential developer team would be required to

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meet for the North Berkeley BART site. The MOA also establishes mechanisms by which BART, the City, or both will reinforce these requirements. Requirements for the North Berkeley BART station area include a project with a residential program with a minimum of 1,000 bedrooms in a variety of sizes, minimum affordability requirements, and a connection to the Ohlone Greenway, among other elements.

The draft framework for community benefits and other project requirements for the Ashby BART site being negotiated by the City and BART reflect: the June 2022 MOA, the JVP, the Adeline Corridor Specific Plan, and key input from a parallel effort, “Equitable Black Berkeley”. Equitable Black Berkeley (EBB) is an initiative spearheaded by the Mayor’s Office, in partnership with Healthy Black Families, that is exploring innovative funding proposals and policies for the Ashby BART station and “Adeline Community” area. This effort is part of a grant-funded, community- driven effort to develop options to support equity, opportunity and the well-being of Berkeley’s African American community.1 The central premise established by EBB for Ashby TOD is that the project must begin to reverse and repair the inter- generational harm that resulted from the development of the Ashby BART station and redlining.

As noted above, the City has a property interest (the option to acquire air rights) in the western parking lot at Ashby BART, which makes the City a necessary partner in determining the use of the site. The City Council and the BART Board of Directors must ultimately approve the community benefits for Ashby BART, as well as any related agreements and real estate transaction documents. Many of the details, including funding sources and enforcement mechanisms, are still being negotiated, and will be affected by the disposition of the City’s air rights option. The City and BART negotiation teams have been discussing elements of the draft community benefits framework. To date, the BART Board of Directors has not had the opportunity to review or discuss this draft community benefits framework.

The draft framework for community benefits for the Ashby BART station area includes the following elements:

1. Affordable housing: Minimum of 35% of new housing units to be developed shall be affordable or Below Market Rate (BMR) housing, with a goal of 50%, in accordance with income targets identified in the JVP (or other Affordable Housing Framework adopted by the City Council for the Ashby BART station area). The draft framework for community benefits reflects proposals being explored to finance the anticipated infrastructure/right-of-way improvements and affordable housing at the Ashby BART site. These proposals include the potential of forming an Enhanced Infrastructure District (EIFD). An EIFD encompassing Ashby (or both Ashby and North Berkeley stations) could capture the City’s share 1 https://healthyblackfam.org/e4bb

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of any property tax increment over a 45-year period. Income restricted lower income housing units would generally be exempt from property tax so only market rate units would contribute to the tax increment.2 While some community members have advocated for the Ashby TOD project to be 100% affordable, the funding to finance that amount of affordable housing does not currently exist.

Even with the City’s reservation of its affordable housing funding, the project would need to rely on application to multiple cycles of future state and federal funding which would add significant delay and uncertainty to the TOD project; for those reasons, BART would not likely agree to this as a minimum requirement.

Additionally, there is not a consensus among stakeholders that the entirety of the Ashby BART site should be 100% affordable. Some stakeholders have advocated for a mixed-income community (with 100% affordable projects, including at moderate income levels and market rate projects that could have below market rate inclusionary units) in order to better promote economic mobility and to provide a source of funding (e.g. property tax increment) that goes towards affordable housing and infrastructure needs.3

2. Permanent home for the Berkeley Flea Market. The Ashby TOD project will include a permanent home for the Berkeley Flea Market and other public markets and microenterprise businesses (e.g., with a plaza, market stalls, and/or other relevant amenities). The City of Berkeley will allow some portion of adjacent Adeline Street right-of-way to also be utilized to support the Berkeley Flea Market (and other public programming). The project will include an installation celebrating the history of the Flea Market, office space for the Flea Market administration, and additional amenities to facilitate the Flea Market and other public markets and microenterprise businesses.

3. Ground floor space for civic uses at below market rate rent. Consistent with the vision to have the Ashby BART station area be a vibrant neighborhood center that includes affordable space for community non-profits, the draft framework for community benefits includes a requirement that space at below market rate rent be provided to civic and community uses. The location and amount of space is still being negotiated.
2 Senate Bill 628 “Enhanced Infrastructure Financing Districts” (1/2/2015), Assembly Bill 464 “Enhanced Infrastructure Financing Districts: allowable facilities and projects” (6/29/2021), Assembly Bill 336 “Enhanced infrastructure financing districts: public financing authority: members: joint powers authorities” (6/29/2021).
3 4/27/21 City Council Item #31: City Affordable Housing Funds: Ashby and North Berkeley BART Station Areas and Future Housing Funding Notices of Funding Availability (NOFA), Attachment 2, p.36 regarding estimate of City subsidy needed to exceed 35% affordable housing:
https://berkeleyca.gov/sites/default/files/documents/2021-04- 27%20Item%2031%20City%20Affordable%20Housing%20Funds%20%20Ashby%20and%20North%20B erkeley%20BART%20Station%20Areas%20and%20Future%20Housing%20Funding%20Notices%20of% 20Funding%20Availabilit....pdf

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4. A plaza and/or development that is adjacent and connected to Adeline Street at southern portion of the west parking lot. The JVP and the Adeline Corridor Specific Plan prioritize that future development should connect directly to the greatest extent possible with Adeline Street. The Ashby TOD project shall be directly connected to Adeline Street at the southern end of the western parking lot (which could be possible through construction of a podium), as shown in the preferred right-of-way redesign concept for Adeline Street at Ashby BART selected by the City Council (see section C below for more details). The connection could become part of the future plaza and/or development. The source of funding for this aspect of the future TOD is still under negotiation and includes identifying grant funding.

5. A reparative community benefits fund for South Berkeley. Beyond construction of the TOD project itself, the Ashby BART TOD project can play a deeper role in repairing and reversing the intergenerational harm generated by the displacement of homes and businesses as a result of construction of the Ashby BART station. Equitable Black Berkeley has been central in shaping the proposal that a portion of the revenue generated from the future development project must be dedicated to a fund to be used for and by the greater South Berkeley community. A community advisory committee or similar body would direct the expenditure of the funds. The source of funding for this benefit is still subject to negotiation.

There are also other project elements under discussion which would be included in the future solicitation(s) for developer teams where prospective teams would be encouraged to use their creativity and expertise to include in their project proposals, such as:
 An accessible gymnasium on the east parking lot (to the west of Adeline Street and the Ed Roberts Campus), complementary to existing service providers for persons with disabilities;
 Development that interfaces directly with Adeline Street to the greatest extent possible in additional locations other than the southern portion of the west parking lot (in a manner that meets BART’s station operations and BART and the City’s life safety requirements);
 Additional publicly accessible civic space, green space or other amenities.

The City and BART have also been discussing other aspects of the project and have reached agreement or are nearing agreement on:
 A two-part developer solicitation process. Due in part to the additional complexity to develop the Ashby BART station site, the solicitation process must consist of a two-part process that includes a request for developer

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qualifications, followed by a request for proposals from a short-list of respondents.
 Incorporation of the public artwork by Mildred Howard that was recently commissioned by the City of Berkeley (with the specific location subject to consultation with the artist).
 An interpretive display that satisfies Cultural Resources Mitigation Measure CR-1 in the Ashby and North Berkeley BART Stations Transit-Oriented Development (TOD) Zoning Project EIR.4
C. Ashby BART Station Infrastructure and Operations and Future Development The Adeline Corridor Specific Plan and the JVP identify a goal to create an at-grade connection between Adeline Street and the planned development on the west parking lot. On April 20, 2023 BART held a community meeting to present information about Ashby BART station operation and infrastructure needs and how that impacts the connection of the future TOD to Adeline Street.5 BART staff presented information about the design process and constraints that led to the current configuration of the new Traction Power Substation (TPSS) planned for the Ashby Station.6 BART staff presented the maintenance, access, and clearance requirements for any development on top of or adjacent to the substation (Attachment 1).

BART staff also presented conceptual studies for opportunities for TOD to connect directly to Adeline Street, given safety and operational constraints. Based on information available at this time, the opportunities to connect to future development on the west parking lot to connect to Adeline Street appear to be most constrained in the northern two-thirds of the Adeline Street frontage due to the requirements of the TPSS and safety requirements related to station egress. As noted above, the preferred right-of-way redesign concept for Adeline Street at Ashby BART selected by the City Council included the potential for an expanded plaza at the southern end of the western parking lot. It is anticipated that the future solicitation(s) for developer teams will invite teams to propose creative solutions to maximize opportunities to connect to Adeline Street while still maintaining BART’s safety and operational requirements for the Ashby station.
4 https://berkeleyca.gov/sites/default/files/documents/2022-07-06%20MMRP.pdf 5 Presentation from BART’s 4/20/23 community meeting is available at:
https://www.bart.gov/sites/default/files/docs/23_0420_Ashby_Presentation.pdf 6 BART runs trains using electrical power provided by Pacific Gas and Electric (PG&E), which in-turn supplies to over one hundred substations throughout the system that convert electricity to the voltage required to propel BART cars. These substations exist in all kinds of communities throughout the BART system. A traction power substation also exists at the North Berkeley BART station at the southeast corner of the intersection of Acton and Virginia Streets.

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D. Additional Funding Sources for Affordable Housing and/or Infrastructure The City and BART recognize that to achieve mutual goals for TOD at the Ashby BART station area, additional funding will need to be identified and secured beyond what the development project can provide to support desired levels of affordable housing, the redesign of Adeline Street, support for the Berkeley Flea Market and other community benefits. City and BART staff are seeking grant and other funding opportunities on an on-going basis. At this juncture, City and BART staff have submitted and/or been awarded the following:
 In 2020 BART secured major grants from Caltrans and the Federal Transit Administration to support planning for TOD, providing approximately $1,700,000 for work specifically targeting Berkeley BART station area TOD projects, including affordable housing finance and economic analysis, station access planning, and community engagement.
 In June 2023, the City was awarded a $600,000 grant from the Alameda County Transportation Commission to further refine the preferred concept for redesign of Adeline Street at Ashby BART station.
 In May 2023, BART and the City submitted an application to the State of California’s 2021 Regional Early Action Planning Grants (REAP) 2.0 for the Affordable Housing Predevelopment Loan Fund and City of Berkeley Community Benefits Fund.7
 In June 2023, the City nominated the Ashby and the North Berkeley BART Station Areas for the Metropolitan Transportation Commission/Association of Bay Area Governments’ Priority Site Pilot Program (which provides regional predevelopment funding).

Advancing TOD at the Ashby and North Berkeley BART stations is a Strategic Plan Priority, advancing our goals to:
 Create affordable housing and housing support service for our most vulnerable community members.
7 As part of the required application process, the City Council adopted Resolution 70,687-N.S. on January 31, 2023 to authorize the City Manager to execute a grant agreement with the California Housing and Community Development Department should BART and the City be awarded the grant. The application includes $10 million for BART to create a predevelopment loan fund to help BART partner with local community development organizations who work in Disadvantaged Communities and often lack the working capital to finance predevelopment work themselves. The application also includes $1 million to the City of Berkeley to set up its first Enhanced Infrastructure Financing District (EIFD) in the Ashby BART station area in order to increase the number of affordable residential homes in the Ashby TOD project and provide a revenue stream to provide investment in the community that surrounds the Ashby BART station.

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 Champion and demonstrate social and racial equity.
 Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
Spurred by the passage of Assembly Bill 2923, the City and BART have been closely collaborating for the past few years to advance TOD at the Ashby and North Berkeley BART station areas. A first set of key milestones outlined in the March 2020 MOU between BART and the City of Berkeley were completed in June 2022. These milestones included:
 Reservation of $53 million of City Affordable Housing Funding for the North Berkeley and Ashby BART Sites. The City Council approved a reservation of $53 million in City affordable housing funds to support at least 35% of the housing units proposed at each of the stations being deed-restricted low, very low and/or extremely low-income affordable housing.
 New zoning and General Plan amendments consistent with Assembly Bill 2923. Zoning for the Ashby and North Berkeley BART station areas was amended to be consistent with AB 2923. The zoning amendments established a new Residential - BART Mixed Use (R-BMU) zoning district and amended the Zoning Map to apply the new R-BMU zoning district to the Ashby and North Berkeley BART sites. General Plan amendments added a new land use classification (the Ashby/North Berkeley BART Transit-Oriented Development) and the General Plan was updated for the Ashby and North Berkeley BART sites.  City and BART Joint Vision and Priorities for Transit-Oriented Development at the Ashby and North Berkeley BART Station (“JVP”). The JVP was informed by an 18-month community process that included public meetings with a Council-appointed Community Advisory Group and the community at-large.

The JVP builds on the framework provided by the City and BART’s adopted plans, policies and regulations, and the additional land use, site planning and financial feasibility studies undertaken as part of this planning process. The JVP is organized around five key topics: Affordable Housing, Public and Civic Space, Land Use, Building Form, and Station Access, and is incorporated into the City and BART Memorandum of Agreement (See Referenced Links: June 2022 MOA, Exhibit C). The JVP was adopted by both the City Council and the BART Board of Directors in June 2022.

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 City and BART Memorandum of Agreement (“MOA”). The June 2022 MOA clarifies the processes that BART and/or the City will pursue to develop BART- owned property at North Berkeley BART Station and includes a timeline for pending actions related to the Ashby BART site.

Completion of these milestones enabled BART to issue a Request for Qualifications for developer teams and the City to issue a Notice of Funding Availability for the North Berkeley BART Station Area in July 2022. On December 1, 2022, the BART Board of Directors approved the selection of a development team to build housing at the North Berkeley BART station site. The team comprises lead nonprofit developer BRIDGE, nonprofit development partners East Bay Asian Local Development Corporation (EBALDC) and Insight Housing (formerly Berkeley Food and Housing Project), and market-rate developer Avalon Bay Communities. As outlined in the June 2022 MOA, the City initiated a process to develop Objective Design Standards (ODS) for the North Berkeley BART site in November 2022. Staff is anticipating bringing draft ODS to the Council in November/December 2023.

In addition, in November 2022, the City Council completed a milestone in the June 2022 MOA related to the Ashby BART station area.8 On November 29, 2022, the City Council selected a preferred concept to redesign the Adeline Street right-of-way at Ashby BART (between Ashby Avenue and Martin Luther King Jr. Way) in order to improve safety and access, and to create a new public plaza that would serve as the new permanent home for the Berkeley Flea Market.9 The Council adopted a resolution to authorize the City Manager to direct staff to proceed with the preliminary engineering and detailed engineering design based on the recommended conceptual design with Two-Lane Adeline option as the conceptual, pending identification of funding. Redesigning Adeline Street at Ashby BART supports future housing development plans for the Ashby BART station by designing future plaza space that could accommodate the needs of the Berkeley Flea Market that currently utilizes the parking lot (west of Adeline Street).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Creating equitable, transit-oriented mixed-use development that includes affordable housing and housing support services for Berkeley’s most vulnerable community members is a City Strategic Plan goal, which also helps advance the environmental goals of being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
8 In addition to the June 2022 MOA, a Council Budget Referral (Feb. 2020) and a recommendation from the Adeline Corridor Specific Plan (Dec. 2020) also identified studying potential reconfigurations of Adeline Street to increase safety and opportunities for public space as a priority. 9 11/29/22 City Council Meeting, Item 15: Adeline Street at Ashby BART Conceptual Design:
https://berkeleyca.gov/sites/default/files/documents/2022-11- 29%20Item%2015%20Adeline%20Street%20at%20Ashby%20BART.pdf

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POSSIBLE FUTURE ACTION
Following further negotiation meetings between the City and BART, it is anticipated that staff will return to Council in Fall 2023 with proposed amendments to the City and BART’s June 2022 Memorandum of Agreement (MOA), as well as related agreements and documentation in order to advance solicitation of developer(s) for the Ashby BART station area.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are a variety of potential fiscal impacts to the City related to Ashby BART TOD, including the allocation of affordable housing funding, capital expenditures related to Adeline Street roadway reconfiguration, and operational costs related to on-street parking management adjacent to the stations. The actions for possible future consideration by the City Council do not result in direct fiscal impacts, since future funding commitments will return to Council for action. Staff will provide more detail about these potential fiscal impacts in advance of possible future actions.

CONTACT PERSON
Alisa Shen, Principal Planner, Planning Department, (510) 981-7409.

Links to Referenced Documents:
1: June 2022 City and BART Memorandum of Agreement for Transit-Oriented Development at the Ashby and North Berkeley BART Station Areas:
https://berkeleyca.gov/sites/default/files/documents/UpdatedMOA%20North%20Berkele y-Ashby%20TOD%2005.16.23.pdf
Attachment:
1: Ashby Substation Access and Clearance Requirements, BART Memorandum, March 15, 2023.

Ashby Substation Access and Clearance Requirements

March 15, 2023
Summary: This document summarizes the design process and constraints that led to the current configuration of the new Traction Power Substation (TPSS) planned for the Ashby Station. BART understands a desire exists to create an at grade-connection between Adeline Street and the planned development on the western surface parking lot, so this document also aims to outline the maintenance, access, and clearance requirements for any development on top of or adjacent to the substation.

Background: BART runs trains using electrical power provided by Pacific Gas and Electric (PG&E), which in-turn supplies to over one hundred substations throughout the system that convert electricity to the voltage required to propel BART cars. These substations exist in all kinds of communities throughout the BART system and are not unique to South Berkeley.

Substation improvements are part of a systemwide effort allowing BART to provide more frequent and timely service and to upgrade and replace aging infrastructure.

Measure RR was an approved 2016 bond measure that includes funds to rebuild substations. New substations are included in the Core Capacity program which is partially funded by the Federal government. The construction schedule of the substations has been impacted by the pandemic and ensuing price escalation.

Current Design: BART street level facilities allows for more efficient maintenance and emergency access to the traction power equipment, and makes replacing the equipment much less complicated and expensive. The at-grade preference is being pursued at Ashby Passenger Station (Alternative #3), but it is worth noting that BART considered three alternatives at the location:

1. Installing the substation within the footprint of the existing underground facility.

2. Building the Alternating Current (AC) and Direct Current (DC) houses in one large facility adjacent to the existing TPSS

3. Separating the AC and DC houses in a narrower facility adjacent to the existing TPSS.

The first alternative was eliminated because the space couldn’t accommodate the new equipment needed for a modern power system. The second alternative eliminated the accessible path to the station at the corner of Adeline St. and Ashby Ave.

The third alternative was ultimately selected because it was most cost effective, and most efficient to maintain.

The following sections detail the access needs that were incorporated into the current design and must be merged into any buildings adjacent to or over the planned substation at the Ashby Passenger Station.

ATTACHMENT 1

Ashby Substation Access and Clearance Requirements

March 15, 2023

Access Requirements

1. Vehicular Access:
a. A minimum of 6 unobstructed parking spaces directly adjacent the facility must be provided for BART service trucks and vans.
b. Access to the substation must be provided by specified entrance and exit points, as well as turnarounds for cranes and emergency vehicles must be provided. As required by the California Building Code requirement for Emergency Vehicle Access (EVA) lanes. c. These access points will need to be exclusive to BART and first responders, and that they are separated by bollards.

2. Crane Access: Cranes with a rating axis between 80 and 800-tons must be able to access the facility and manipulate these transformers. This requires the following:
a. A clear width of 30 feet for a crane, with an additional 5 feet-clear on both sides to accommodate outriggers.
b. A clear length of 175-feet to accommodate a 60-foot crane, the equipment trailer, and working clearances around and between vehicles.
c. Any cover over the Ashby TPSS must allow a crane to be staged next to the facility to extend a lifting boom and attached hoisting into the substation, lift it above the wall surrounding the facility, and place it onto a flatbed or carrier vehicle. Figure 1 shows the working range of a crane BART has identified as capable of lifting all substation equipment. Any development over the substation must accommodate the vertical space necessary to support the operating radius of a capable crane. d. The clearance between the Ashby TPSS and any development must also provide adequate space for replacing electrical equipment. Airspace must be provided to accommodate the hoist and swing of equipment capable of lifting a minimum of 60,000 pounds as refer in Figures 1 & 2. Figures 1 & 2 illustrate the dimensions of equipment known to be capable of meeting BART’s maintenance needs.

3. Staging Requirements:
a. A secure laydown area of at least 43’ x 36’ must be included adjacent to the substation to store equipment.
b. An additional area must be reserved to accommodate three trailers housing a temporary substation. The average trailer measures 38’ L x 9’ W x 14’ H, so 1,200 square feet (trailers situated end-end-end) or 1,350 sq ft (trailers situated side-side-by side) adjacent to the substation will be required in the event the substation fails. All areas would be off-limits to the public, would need to comply with all applicable building code requirements, and must always be accessible by BART maintenance staff and first responders.

Ashby Substation Access and Clearance Requirements

March 15, 2023

Fire and Life Safety Requirements
This document does not preclude those requirements mandated by the California Building Code, C
alifornia Occupational Safety and Health Administration, National Electrical Code, Title 24, or any other applicable local, state, and Federal building or safety codes.

Figure 1: Typical Crane Operating Radius

Ashby Substation Access and Clearance Requirements

March 15, 2023

Figure 2: Typical layout of Crane and Trailer at High Voltage (HV) Substation N.T.S

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

WORKSESSION
July 18, 2023
(Continued from November 29, 2022)
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: City Policies for Managing Parking Around BART Stations

SUMMARY
This report provides an overview of the parking management programs and policies the City of Berkeley will use to manage parking demand around the Ashby and North Berkeley BART stations as new housing is built. In residential areas, the City will evaluate new resident and/or Council initiated requests to join the Residential Preferential Parking (RPP) Program. In commercial areas, the City will consider the use of demand-responsive pricing to generate parking availability for local customers and/or accommodate some BART parking demand under the goBerkeley program.

CURRENT SITUATION AND ITS EFFECTS
BART’s planned housing at the Ashby and North Berkeley stations is expected to significantly affect parking conditions around the stations. While BART has been conducting a planning process for station access needs—the Berkeley-El Cerrito Corridor Access Plan (BECCAP)1 with anticipated completion in Winter 2022/23 —the City seeks to mitigate future parking demand using existing parking programs, including the Residential Preferential Parking (RPP) Program in residential areas and goBerkeley demand-responsive pricing in commercial areas.

Planned Changes to Parking Supply and Demand
As part of the new housing developments, BART will not provide 100% replacement of existing BART rider parking spaces. After BART presented recommended BART rider parking maximums for the two stations to the BECCAP Advisory Committee and Community in March 2022, 2 in June 2022, the BART Board approved a maximum of 85 rider parking spaces (16% of the current 535 spaces) for Ashby and 200 rider parking spaces (29% of the current 700 spaces, including 80 spaces in the two auxiliary lots) for North Berkeley).3 Based on the analysis and outreach from the BECCAP, BART expects that those who historically parked at the two stations will: 1) walk, bike, bus or 1 BECCAP Project website: http://bit.ly/3NSm6C1
2 BECCAP Advisory Committee/Community Meeting, March 9, 2022, p. 22: https://bit.ly/3BTdR2W 3 BART Board Meeting, June 9, 2022: https://bit.ly/3DTT8gK

City Policies for Managing Parking Around BART Stations WORKSESSION July 18, 2023

rideshare to access BART, 2) work from home, or 3) park at Downtown Berkeley parking garages or other off-street options.4 Yet, there may still be spillover parking into surrounding neighborhoods. Note: BART has not determined the final amount of on-site rider parking at the two stations. The final parking number will be determined after the future development teams advance design together with the community, and BART, the City and the Developer teams have a better understanding of funding opportunities for access/parking improvements, design considerations, and community benefit tradeoffs.

The amount of on-site parking for residents at the new housing developments is still under consideration. Regardless, per City policy, residents of the new developments will not be eligible for RPP permits and could seek parking on nearby residential streets.

Managing Parking in Residential Areas
Residential parking in the immediate vicinity of the Ashby and North Berkeley BART stations is within the boundaries of the RPP Program, though the number of streets that have “opted-in” to the Program, i.e., streets that are signed and enforced for RPP time limit restrictions, vary between the two stations.5 The City expects resident-initiated opt- in requests around Ashby BART and North Berkeley BART to grow over the next several years, particularly after new housing is built. Residents may choose to petition for RPP to mitigate demand from residents of the new housing developments as well as partially displaced BART patrons.

To accommodate these requests, the City will follow existing guidelines for RPP Opt- Ins, summarized in Berkeley Municipal Code (BMC) Section 14.72.050.6 The BMC also allows for Council to initiate opt-in requests if so desired. Streets that are outside of the RPP Program boundary are not eligible to opt-in; Council action would be required to allocate additional funding for Parking Enforcement staff and equipment to expand the Program.

Managing Parking in Commercial Areas
Parking on Adeline Street across from the Ashby BART station and along University Avenue south of the North Berkeley BART station is managed under the goBerkeley parking program. Parking on Ashby Avenue and MLK Jr Way fronting Ashby BART is either controlled by RPP, time limits, or unregulated. Adeline Street south of Woolsey Street is time limited, though the City is evaluating whether to install metered parking in this area as part of a parking benefit district. There is no parking on the periphery of the North Berkeley BART site, but this could change with future housing development.

Based on outreach with merchants and/or other stakeholders, the City could convert existing time limited or unregulated parking in commercial areas or on the periphery of 4 BECCAP Advisory Committee/Community Meeting, March 9, 2022, p. 23-24: https://bit.ly/3BTdR2W 5 City of Berkeley RPP Web Map: https://bit.ly/3LLDpDY
6 Berkeley Municipal Code 14.72.050: “Designation of a residential permit parking area” https://berkeley.municipal.codes/BMC/14.72.050

City Policies for Managing Parking Around BART Stations WORKSESSION July 18, 2023

station areas to goBerkeley metered parking. Consistent with on-street parking elsewhere in the City, the goals will be to ensure customer parking availability and turnover by periodically observing parking behavior and adjusting prices for optimum availability – 65-85% occupied, or 1-2 open spaces. goBerkeley features “Premium” zones with prices driven by customer demand and shorter time limits that encourage turnover, and in the vicinity of Ashby and North Berkeley, could exclude BART patrons.

If there is surplus capacity, some areas may be designated as Value zones with longer time limits that could be used by BART patrons, but priced to maintain adequate turnover.
goBerkeley allows the City to be flexible in the face of changing conditions. Pending further discussion, the City could implement an escalating price scale that starts at low prices for short stays, but scales up to higher prices for all-day parking, potentially providing parking for local customers while accommodating some BART patrons. In the vicinity of Ashby BART, this could provide a new source of revenue supporting a Lorin parking benefit district.

BACKGROUND
In September 2018, Governor Jerry Brown signed Assembly Bill (AB) 2923,7 state legislation that affects zoning requirements on existing BART-owned property within one-half mile of stations in Alameda, Contra Costa and San Francisco Counties.

The City of Berkeley has been working closely with BART to develop the zoning and site planning parameters that meet the requirements of AB 2923, the goals of the City and the community, and the goals of BART as the property owner. The City and BART executed a Memorandum of Understanding (MOU) in March 2020 that established a framework for development of the Ashby and North Berkeley BART stations, including a community advisory process and other community engagement; milestones and a timeline to develop zoning that complies with AB 2923; solicitation of developer(s); and further studies/planning for the two station areas.8
In June 2022, the City Council adopted zoning at the North Berkeley and Ashby BART stations that complies with AB 2923. As outlined in the original City-BART Memorandum of Understanding (MOU) and the new Memorandum of Agreement (MOA), the planning effort moving forward will build upon separate community engagement efforts that have been underway for several years relating to the Ashby and North Berkeley BART stations, and other adopted plans and policies of the City and of BART. The MOA establishes a timeline for milestones regarding the addressing of potential spillover impacts to parking around the North Berkeley and Ashby BART stations that includes this City Council update regarding use of existing tools for on-street parking strategy in November 2022.
7 AB 2923: https://bit.ly/3DYji3m
8 Current City of Berkeley/BART Memorandum of Understanding (MOU): https://bit.ly/3CfJFR8

City Policies for Managing Parking Around BART Stations WORKSESSION July 18, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Incremental expansion of the RPP Program to include additional blocks may have a minor beneficial environmental effect, and may make alternative transportation options more attractive. A modal shift by commuters to walking, bicycling, public transportation, or carpooling may also lead to a decrease in greenhouse gasses. However, based on expansion of RPP to other areas, the “two-hour shuffle” (i.e., moving a vehicle every two hours to avoid a ticket) may also begin to occur in new RPP areas among commuters who continue to drive. This behavior would have an adverse impact on traffic congestion, air quality, and excess fuel consumption.

Parking management in commercial areas using demand-responsive pricing under the goBerkeley parking program should improve parking management and lessen traffic congestion and vehicle emissions, as drivers are anticipated to spend less time searching for available parking spaces. Reducing greenhouse gas emissions produced by vehicular traffic is one of the City’s 2009 Climate Action Plan goals.

POSSIBLE FUTURE ACTION
The City will continue to monitor parking demand in the vicinity of the Ashby and North Berkeley BART stations, processing RPP opt-in requests and/or discussing parking options in commercial areas with merchants and business groups as warranted.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no immediate fiscal impacts. The parking management policies discussed in this report are baseline programs and the housing projects are still being planned.

Moving forward, each incremental expansion of RPP within the Program’s current boundaries will incur costs for the procurement and installation of new signage.

Depending on the geographic scope of new opt-in petitions, discussions with the Police Department’s Parking Enforcement may be needed to verify that existing staffing and equipment levels are sufficient to absorb the new areas. Expansion beyond the existing boundaries of the RPP Program will require new staff and equipment.

Fiscal impacts of potential new goBerkeley parking meters in commercial areas near or fronting the BART stations are difficult to forecast as parking behaviors resulting from demand-responsive price adjustments may vary. However, as in other areas of the City, incremental parking revenue should be sufficient to cover expected expenditures of the program, including the purchase of new meter equipment.

CONTACT PERSON
Liam Garland, Director of Public Works, (510) 981-6300
Danette Perry, Parking Services Manager, (510) 981-7057 Gordon Hansen, Senior Planner, (510) 981-7064

ATTACHMENT 4

November 3, 2023
Mayor Jesse Arreguín
2180 Milvia St.

Berkeley, CA 94704
Dear Mayor Arreguín,
BART and the City of Berkeley have worked through many challenging issues as we move forward with planning that will facilitate development of transit- or iented development
(TOD) at the North Berkeley and Ashby stations. We can see the positive outcome of our partnership in North Berkeley as North Berkeley Housing Partners, the development team selected by the City and BART, moves forward with its entitlements for a project of approximately 750 housing units, of which 50% will be affordable. Under the leade rship of you and Director Simon, significant progress has been made to identify project requirements and community benefits for future TOD at Ashby Station as well as a method to resolve the City’s air rights option over a portion of the West Lot.

As your July 2023 letter noted, one of the outstanding issues that impacts TOD development at Ashby relates to BART’s plans for a replacement traction power substation (TPSS) at the Ashby Station. The City has requested additional information about the location, design, and potential for underground placement of the TPSS. At the City of Berkeley’s request, BART has undertaken additional analysis of the following key points:

1. Additional Information Regarding TPSS
As BART moves beyond its 50 th year of operations and faces the demands of the coming decades, the aging system must be brought up to date. Electricity powers BART’s trains.

Without sufficient electricity we cannot operate our system to reliably serve the traveling public. BART has a systemwide program to upgrade and replace our traction power substations on most every line, including the substation at Ashby Station. The traction power substation that is currently in place at Ashby will be replaced as part of this effort to replace aging and failing infrastructure, upgrade for increased demand, and provide system redundancy that is critical to enabling BART to provide more frequent and reliable service.

Other traction power system upgrades or replacement locations on the Richmond line include Downtown Berkeley Station, North Berkeley Station, El Cerrito Plaza Station, El Cerrito del Norte Station, Richmond Station, and Richmond Yard.

Traction power substations are required throughout the BART system to provide the needed electricity to power the system. T
he TPSS location at Ashby Station is critical due
to its important location within the BART system. It serves the Richmond line and also provides balanced power distribution and voltage levels with the Concord and San Francisco/Millbrae lines that come through MacArthur Station.

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
2150 Webster Street, P.O. Box 12688
Oakland, CA 94604-2688
(510) 464-6000
2023
Janice Li

PRESIDENT
Mark Foley

VICE PRESIDENT
Robert Powers

GENERAL MANAGER

DIRECTORS
Debora Allen
1ST DISTRICT
Mark Foley
2ND DISTRICT
Rebecca Saltzman
3RD DISTRICT
Robert Raburn, Ph.D.
4TH DISTRICT
John McPartland
5TH DISTRICT
Elizabeth Ames
6TH DISTRICT
Lateefah Simon
7TH DISTRICT
Janice Li
8TH DISTRICT
Bevan Dufty
9TH DISTRICT
www.bart.gov
ATTACHMENT 5

November 3, 2023

The planning and design evaluations for the TPSS at Ashby Station started in 2016 considering design standards, constructability, maintainability, accessibility for emergency response, and minimizing BART rider impacts. BART considered three options for the layout of the TPSS as shown on Figure 1, below:

1. Option 1: Installing the substation within the existing facility (shown in yellow in Figure 1)

2. Option 2: Installing all equipment of the substation in one large facility adjacent to the existing substation (shown in green in Figure 1)

3. Option 3: Separating the equipment in multiple houses in a narrower facility adjacent to the existing TPSS (shown in red and overlapping part of green in Figure 1)

Figure 1.

Option 1 (yellow) was eliminated because the existing underground space could not accommodate the new equipment needed for system redundancy and BART electrical loads. Option 2 (green) was eliminated due to pedestrian safety and station access concerns.

Option 3 (red) was ultimately selected because it is near existing infrastructure with access routes to the system that minimize energy losses and support train motor voltage level requirements. It provides energy efficiency, access for BART personnel 24/7, adequate space and clearances for maintenance, equipment access, and it provides the space to build a double -ended TPSS, which is needed to improve system capacity and reliability. In addition, this location avoids the flooding issues that are experienc ed at the existing underground substation location. There are no other locations in proximity to Ashby that can provide the same level of service.

Construction of the TPSS is expected to last approximately 2 years and to cost approximately $30 to $35 million. To date, roughly $3 million in engineering design costs have been expended to complete the engineering design for the TPSS. BART is now working to advance to the next phases of the project.

The existing underground traction power substation will be removed after the Ashby TPSS is installed and commissioned. The existing utility house and pad- mounted switching equipment within the house will remain in place. We do not have renderings that demonstrate the future TPSS at this time.

November 3, 2023

2. Feasibility of Moving the TPSS to another location

During the investigation of the “Here/There” site (see Figure 2) BART determined that the “Here/There” site is not feasible because its location would result in voltage drop conditions which would jeopardize the service capacity and reliability to the trains serving Ashby Station as well as other locations along the Richmond, Concord and San Francisco/Millbrae lines.

Figure 2. Here/There Site

3. Feasibility of Undergrounding the TPSS

Placing a substation underground creates an increased safety risk to first responders, maintenance staff, and others. Underground options would only be considered when there is absolutely no alternative. Only a small number (less than 15%) of BART Traction Power Substations are underground. A pre -existing vault space would not only pose the same risks, it would also cost 40% to 50% more than an above ground option. Also, there is no space in the existing underground vault at Ashby to accommodate the doubl e- ended design of the replacement TPSS. Additional examination of undergrounding the TPSS would include design change costs as well as costs to investigate the site for potential utilities and other conflicts.

This additional investigation would be additive to the “expected” 40% to 50% additional cost incurred when undergrounding a substation.

4. Feasibility of Reducing Footprint and/or Laydown Area

BART has examined several opportunities to reduce the TPSS footprint and laydown area and to address specific questions we have heard from the City and residents:

a. Can the substation be covered so that there is no gap or wall between the back of sidewalk and the staging area? Yes, see below.

A cover for the TPSS could be designed and installed, provided design constraints include the required vertical clearance and air circulation for the area as well as designated and un -obstructed maintenance and fire access. The definition of “covering” that we are using here refers to a podium or roof and not a building. The covering would need to meet current building codes and fire separation requirements. To minimize impact to power restoration, maintenance cost, and replacement cost, non- BART facilities would not be permitted on the cover. Maintenance and fire access requirements include the access to the hatches and/or to any access point that would allow the removal and replacement of transformers and other large heavy equipment.

November 3, 2023

The costs associat ed with providing a cover to the TPSS, including engineering and design, is not included in BART’s TPSS infrastructure budget and would need to be funded through other sources.

b. Can the laydown area be decreased in size? Yes, see Figure 3.

The laydown area could be reduced by the size of the access roadway (approximately 40’ by 150’), as shown in Alt H in Figure 3, provided the City of Berkeley would approve a long- term right for location of the crane on the Adeline sidewalk that is supported by an engineering assessment. This would create a significant opportunity to locate the TOD closer to the intersection of Ashby and Adeline.

The laydown area would still be required for the initial construction of the TPSS. It would also be used for the on -going maintenance of the TPSS. For example, the laydown area may be needed for future repair/refurbishment work or replacement of heavy equipment (transformers, equipment houses). A temporary traction power substation may be required to be operational for months or years while repairs or replacement of existing equipment is underway.

As shown in Figure 3, moving the crane to the Adeline sidewalk would create a significant opportunity to locate the TOD closer to the intersection of Ashby and Adeline, creating a stronger connection between the TOD and existing commercial buildings. In addition, shrinking the staging area in such a significant manner would minimize the “gap” between Adeline and the TOD and would open up the potential for buildings to front Adeline south of the TPSS area, pending study of station access. It should be noted that this alternative must be vetted with Berkeley Fire.

Figure 3. TPSS Access Analysis

c. Can the existing equipment be replaced into the proposed TPSS footprint? No, not in its current configuration.

The existing sub- transmission line equipment (circuit breakers and switches) would not fit in the proposed TPSS footprint. They could be relocated next to the proposed TPSS footprint; however, this would extend the proposed TPSS footprint by approximately 64’ in length. The estimated cost would be about $7 million in addition to the cost of relocating the existing stairs.

November 3, 2023

BART does not favor this proposal as the greater distance between the tunnel and s witches’ new location would necessitate longer cable connections, greater cost, and additional complexity to the project.

Even if this alternative could be funded there would be no gain for developable area as this area is within the zone of influence.

5. Will BART partner with the City of Berkeley in a DOT Reconnecting Communities and Grant Program?

BART believes that it has responded to the City’s questions regarding the TPSS and provided a pathway to reducing the footprint and staging area to minimize the constraints on development of the Ashby TOD.

BART would like to move forward with next steps towards a TOD at Ashby Station and not further delay the project with a future grant application for a potential study from the US Department of Transportation Reconnecting Communities and Neighborhoods. In our experience, the timeline for these types of grants is approximately three years following grant award. We cannot proceed with development of the Circulation Framework, which will be the precursor to the Objective Design Standards and the developer solicitation, until the footprint of the TPSS is established. Postponing the developer selection process for three years would delay TOD development and is not advisable given the City and BART’s shared goals of delivering housing at Ashby Station.

I hope that this information is useful. BART appreciates the City of Berkeley’s partnership and looks forward to upcoming milestones that will bring us closer to realizing our shared vision for TOD at Ashby Station.

Sincerely,

Robert M. Powers
BART General Manager

cc: Jordan Klein, City of Berkeley Planning Director
Lateefah Simon, BART Board Director (District 7)

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: https://berkeleyca.gov/

ACTION CALENDAR
September 16, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Presentation: Berkeley-El Cerrito Corridor Access Plan (BECCAP)

INTRODUCTION
This report accompanies a presentation from San Francisco Bay Area Rapid Transit District (BART) staff about the Berkeley-El Cerrito Corridor Access Plan (BECCAP).

CURRENT SITUATION AND ITS EFFECTS
At a previous meeting related to conceptual designs to reconfigure Adeline Street around the Ashby BART station (November 2022), the City Council requested staff to return with a presentation about the BECCAP (Attachment 1).

The BECCAP, which published in February 2023, includes:
 A proposed set of access and parking management strategies for BART, cities, and other agencies along the corridor that can be put in place at the time of construction of future transit-oriented development (TOD) projects.  An understanding of access options that grow BART ridership in such a way that minimizes subsidies from BART’s operating budget to improve transit riders’ experience while meeting equity and sustainability goals.  Parameters for determining BART rider parking maximums.

BACKGROUND
In anticipation of TODs on the surface parking lots at BART stations along its Richmond line, BART initiated a community process to prepare the BECCAP (February 2021 – February 2023). The BECCAP, funded by the California’s Department of Transportation (Caltrans) and Federal Transit Administration (FTA), comprehensively analyzed how residents in Berkeley, El Cerrito, Richmond, Albany, Kensington, Emeryville, and Oakland, who have historically driven and parked at the stations, could access BART along the corridor once the TODs are built on the station parking lots. The BECCAP was prepared in collaboration with the cities of Berkeley and El Cerrito and with community input. In addition, a Technical Advisory Committee, comprised of the cities of Berkeley, El Cerrito, Richmond, and Albany, Contra Costa County, the West Contra

Presentation: Berkeley-El Cerrito Corridor Access Plan (BECCAP) ACTION CALENDAR September 16, 2024
Costa Transportation Advisory Committee, AC Transit, the Metropolitan Transportation Commission, the Alameda County Transportation Commission and Caltrans District 4, was consulted during the process.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Although the action has no direct impacts on environmental sustainability, the BECCAP studies strategies to facilitate TOD and improve access to public transportation, and is therefore aligned with the City’s climate action goals.

POSSIBLE FUTURE ACTION
BECCAP has been published, and no possible future action is contemplated in this report. Steps related to future TOD actions at Berkeley BART stations are being discussed by Council separately.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Any future actions with fiscal impacts would return for separate Council consideration.

CONTACT PERSON
Alisa Shen, Principal Planner, Planning and Development Department, (510) 981-7409 Attachments:
1: Berkeley-El Cerrito Corridor Access Plan (BECCAP)

Berkeley-El Cerrito Corridor Access Plan | 0
ATTACHMENT 1

Berkeley-El Cerrito Corridor Access Plan | i

Acknowledgements

BART Staff
Rachel Factor
Kamala Parks
Tim Chan
Shannon Dodge
Abigail Thorne-Lyman
Aisha Brown
BART Board Members
Rebecca Saltzman, District 3
Lateefah Simon, District 7
Caltrans
Melissa Hernandez
Stephen Conteh
Study funded by Caltrans
Sustainable Communities Grant
Technical Advisory Committee
City of Berkeley: Gordon Hansen, Justin
Horner, Farid Javandel, Alisa Shen, Beth
Thomas, and Dianne Yee
City of El Cerrito: Yvetteh Ortiz
City of Richmond: Denée Evans and
Roberto Feliciano
City of Albany: Jeff Bond and Anne
Hersch (former staff)
Contra Costa County: Jamar Stamps
West Contra Costa Transportation
Advisory Committee: Leah Greenblat
AC Transit: Nathan Landau and
Carissa Lee
Metropolitan Transportation Commission:

James Choe and Kara Vuicich
Alameda County Transportation
Commission: Colin Dentel-Post
Caltrans District 4: Melissa Hernandez
Consultant Staff
Fehr & Peers: Andy Kosinski, Karina
Schneider, Bob Grandy, Amy Deng, Grasi
Diaz, Susie Hufstader, Gaby Picado-
Aguilar, and Jennifer Ziebarth
Bonnie Nelson
Primus Consulting: Jay Primus
EnviroIssues: Layne Ahlstrom (former
staff), Katie DeLeuw (former staff), and
Brenda Martin
Nancy Whelan Consulting: Tina Spencer
and Mary Pryor

Berkeley-El Cerrito Corridor Access Plan | ii
Contents
Executive Summary .............................................................................................................................. ES-1 Plan Purpose ............................................................................................................................................................................................................ ES-3 Context ........................................................................................................................................................................................................................ ES-4 What We Heard .................................................................................................................................................................................................... ES-5 Improving Access to the Stations ....................................................................................................................................................... ES-7 Implementing the Strategies ................................................................................................................................................................... ES-8

1. Introduction ............................................................................................................................................ 1

1.1 Policy Background ........................................................................................................................................................................................... 6

1.2 Plan Organization ............................................................................................................................................................................................. 9

2. Context ................................................................................................................................................. 10

2.1 Shifting Trends .................................................................................................................................................................................................. 10

2.2 Study Area and Station Characteristics ......................................................................................................................................12

2.3 Vehicle Parking ................................................................................................................................................................................................. 19

3. Developing the Strategies .............................................................................................................. 25

4. Recommended Strategies ............................................................................................................... 32

4.1 Strategies Underway ................................................................................................................................................................................... 32

4.2 Corridor-Wide Strategies ........................................................................................................................................................................ 33

4.3 Station Specific Strategies .................................................................................................................................................................... 38

4.4 Analysis of Strategy Benefits .............................................................................................................................................................. 56

5. Implementation .................................................................................................................................. 58

5.1 Local Infrastructure ...................................................................................................................................................................................... 59

5.2 BART Projects and Programs ................................................................................................................................................................ 61

5.3 Micromobility Programs .......................................................................................................................................................................... 63

5.4 Bus Transit Service ........................................................................................................................................................................................ 65

5.5 Regional Programs ................................................................................................................................ ........................................................ 66 Appendices ................................................................................................................................................. 69

Berkeley-El Cerrito Corridor Access Plan | iii
Figures
Figure ES-1: Project Study Area ................................................................................................................................................. ES-2 Figure ES-2: Project or Program Development Phases ........................................................................................ ES-3 Figure 1: Project Study Area ................................................................................................................................................................. 4 Figure 2: Project or Program Development Phases ........................................................................................................ 5 Figure 3: Existing Access to El Cerrito Plaza Station .................................................................................................... 14 Figure 4: Existing Accessto North Berkeley Station ..................................................................................................... 16 Figure 5: Existing Access to Ashby Station .......................................................................................................................... 18 Figure 6: Access Strategies by Location .................................................................................................................................27 Figure 7: Population Density .............................................................................................................................................................. 31 Figure 8: Corridor-Wide Strategies .............................................................................................................................................. 37 Figure 9: El Cerrito Plaza Strategies ............................................................................................................................................ 41 Figure 10: El Cerrito Plaza BART Station Existing Parking Regulations ....................................................... 44 Figure 11: El Cerrito Plaza BART Station Parking Management Proposal .................................................. 45 Figure 12: North Berkeley Strategies ......................................................................................................................................... 48 Figure 13: Ashby Strategies ................................................................................................................................................................ 52 Figure 14: Downtown Berkeley Strategies ........................................................................................................................... 55

Berkeley-El Cerrito Corridor Access Plan | iv
Tables
Table ES-1: Recommended Strategies ................................................................................................................................. ES-9 Table 1: Strategy Categories.............................................................................................................................................................. 26 Table 2: Evaluation Framework ...................................................................................................................................................... 28 Table 3: Recommended Corridor-Wide Strategies ....................................................................................................... 34 Table 4: Recommended El Cerrito Plaza Strategies ..................................................................................................... 39 Table 5: Recommended North Berkeley Strategies ..................................................................................................... 47 Table 6: Recommended Ashby Strategies ........................................................................................................................... 50 Table 7: Recommended Downtown Berkeley Strategies ....................................................................................... 54 Table 8: Local Infrastructure Strategy Categories ........................................................................................................ 59 Table 9: Local Infrastructure Strategy Implementation Actions ...................................................................... 60 Table 10: BART Projects and Programs Strategy Categories ................................................................................. 61 Table 11: BART Projects and Programs Strategy Implementation Actions .............................................. 63 Table 12: Micromobility Program Strategy Categories ............................................................................................. 63 Table 13: Micromobility Program Strategy Implementation Actions ........................................................... 65 Table 14: Bus Transit Strategy Categories ............................................................................................................................. 65 Table 15: Bus Transit Strategy Implementation Actions .......................................................................................... 66 Table 16: Regional Program Strategy Categories ........................................................................................................... 67 Table 17: Regional Strategy Implementation Actions ................................................................................................ 68

Berkeley-El Cerrito Corridor Access Plan | v
Glossary
Agencies
AC Transit: Alameda-Contra Costa Transit District
Alameda CTC: Alameda County Transportation Commission
BART: Bay Area Rapid Transit
Caltrans: California Department of Transportation
CCTA: Contra Costa Transportation Authority
EBCE: East Bay Community Energy
MTC: Metropolitan Transportation Commission
WCCTAC: West Contra Costa Transportation Advisory Committee Terms
BRM: BART Ridership Model
CAG: Community Advisory Group
COVID-19: Coronavirus disease 2019
GHG: Greenhouse gas
IIG: Infrastructure Infill Grant
PMC: Parking Management Concept
RPP: Residential Parking Permit
SB 375: Sustainable Communities and Climate Protection Act of 2008 SR-123: State Route 123
TAC: Technical Advisory Committee
TIRCP: Transit and Intercity Rail Capital Program
TOD: Transit-oriented development
UC Berkeley: University of California, Berkeley
VMT: Vehicle miles traveled

Berkeley-El Cerrito Corridor Access Plan | ES-1

Executive Summary
BART and the cities of Berkeley and El Cerrito are planning to build 2,000+ mixed-income homes, retail, and community-serving facilities at the El Cerrito Plaza, North Berkeley, and Ashby BART stations over the next several years. These developments will ease the region’s severe housing shortage, make it easier for incoming residents to take transit to their destinations, and respond to local, state, and regional goals around sustainability and equity.

Because the planned developments will not replace all existing rider parking spaces, fewer rider
s will be able to park at the stations in t
he future. To prepare for this significant
transformation along the Study Area (Figure ES-1), the California Department of Transportation (Caltrans) awarded BART a Sustainable Communities grant to plan for how riders will get to/from BART in the future. The Berkeley-El Cerrito Corridor Access Plan (the Plan) focuses on strategies to get BART riders to and from BART stations along the Berkeley-El Cerrito Corridor. The Plan is the outcome of collaboration between staff at BART, Berkeley, and El Cerrito together with input by community members, transportation providers, adjacent cities, and regional and state partners throughout 2021 and 2022. The Plan utilizes analysis based on the best information available at the time given ongoing changes due to the COVID-19 pandemic (the pandemic). Partner jurisdiction planning efforts can change over the course of the next few years and the Plan will serve as a dynamic resource to take future changes and developments into consideration.

Berkeley-El Cerrito Corridor Access Plan | ES-2
Figure ES-1: Project Study Area

Berkeley-El Cerrito Corridor Access Plan | ES-3
Plan Purpose
While the coming housing developments spurred the creation of this Plan, the Plan process occurred separately and in parallel with the housing development process. Decisions regarding the number of housing units and stories, retail uses, and urban design are part of the station-specific development plans. To contribute to those efforts, which are still ongoing as of the adoption of this Plan, interested parties may visit BART’s webpages on the El Cerrito Plaza, North Berkeley, and Ashby Transit-Oriented Development processes.1 The Plan contains a set of 48 access strategy recommendations (strategies) designed to help riders, particularly those inconvenienced by parking reductions, get to and from BART.

The Plan does not look at access improvements inside BART Stations but focuses specifically on strategies to get people to and from BART Stations. These strategies are part of the “planning” phase that projects, programs, and services go through in the journey from vision to reality; while not a guarantee that they will be implemented, their inclusion in this Plan increases the chances that they will be prioritized and funded. As shown in Figure ES-2, the strategies recommended in the Plan represent projects and programs that BART, local jurisdictions, and partner agencies can further study, design, fund, then implement in the future.

Figure ES-2: Project or Program Development Phases

1 El Cerrito Plaza: https://www.bart.gov/about/business/tod/el-cerrito-plaza, North Berkeley:
https://www.bart.gov/about/business/tod/north-berkeley, Ashby: https://www.bart.gov/about/business/tod/ashby Plan
•Adopt policies
to support a
community's
vision
•Name and
prioritize
specific
projects or
programs
Study
•Conceptualize
a project,
service, or
program with
goals and
objectives
•Determine
feasibility,
performance
metrics, and
potential
funding sources
Design
•Create detailed
drawings
•Identify service
or program
components
Fund
•Secure money
for
implementing
and operating
•Sources are
grants, bonds,
taxes, impact
fees, etc.

Implement
•Build a project
•Start a service
or program
Operate
•Maintain the
infrastructure;
run a service or
program
•Collect data
and input to
evaluate
project or
service
Community Input

Berkeley-El Cerrito Corridor Access Plan | ES-4
The strategies recommended in the Plan include options that may result in riders accessing a different station than they currently use to get to and from BART. For example, the Downtown Berkeley Station is not one of the stations being developed but it is included in the Plan because some of the proposed strategies will make this station more convenient to some riders. The El Cerrito del Norte station is not included in the Plan as a study station because of its location. However, its rich transit service, bike and vehicle parking, and planned complete street improvements may make it more convenient for some riders who live closer to the El Cerrito del Norte station than to the El Cerrito Plaza station.

Context
Data on pre- and post-pandemic ridership and station access were used to design access strategies and to inform parking replacement maximums at the stations. The pandemic has shifted commuting patterns with more employees working from home, resulting in a decline in ridership particularly among park-and-ride riders who tend to be higher income riders. Recent ridership surveys showed that a higher proportion of BART riders currently tend to be lower-income, often essential workers, and use transit and active transportation modes to access the stations at a higher level than was the case pre-pandemic. This underscores the importance of providing homes and enhancing access to the stations both to support riders who have fewer transportation and housing options and to build a sustainable rider base.

Pre-pandemic access data revealed how many riders would likely be impacted by a reduction in parking at the stations, as well as opportunities to serve existing and potential riders with a comprehensive package of station-specific and corridor-wide access improvements. Less than 35% of pre-pandemic riders drove and parked to access the stations and well over 50% of those riders are within a 15-minute walk, bicycle, or bus trip.

A detailed overview of each station is provided in Chapter 2.

Berkeley-El Cerrito Corridor Access Plan | ES-5
Determination of BART rider parking replacement occurred in parallel with the development of the Plan. In deciding how much rider parking to build, BART considered three main constraints to building parking: Cost/Funding, Space, and Design. Building and maintaining parking is very expensive, especially parking garages. Building parking also takes up space that could be used for other purposes like homes, community amenities, or other flexible street-level uses.

The maximum number of BART parking stalls for BART riders (not Transit-Oriented Development residents) for each station were determined based on analysis informed by community input and station access surveys, resulting in the following rider parking maximums:
• El Cerrito Plaza Station: Up to 150 stalls
2 • North Berkeley Station: 120 stalls, in addition to the existing 80 parking stalls in auxiliary lots that will not be developed
• Ashby Station: 85 stalls
What We Heard
Our study accommodated three phases of public feedback, at the following stages: (1) Define access needs; (2) Explore access options and analyze on-site BART rider parking; and (3) Refine strategies and develop implementation plan. The project team received input from hundreds of community members, partner jurisdictions and agencies, and elected officials through multiple engagement forums as summarized below.

2 Although 250 stalls were originally adopted by the BART Board, more information regarding funding certainty and updated analysis on design tradeoffs has since become available for El Cerrito Plaza given that planning for this station development is further advanced than the Berkeley stations.

Berkeley-El Cerrito Corridor Access Plan | ES-6

Participants provided input on ways to get to and from BART through transit, bicycle, and walking improvements, among others, and relayed concerns and ideas around rider parking. Comments received related to strategies being implemented by partner jurisdictions and other agencies are being shared and discussed simultaneously. Key community engagement takeaways can be found in Appendix D. Strategies Underway can be found in Appendix E and proposed Parking Management Concepts for the Cities of El Cerrito and Berkeley can be found in Appendix F and Appendix G. Input provided through the Plan’s engagement events informed the development of the strategies and helped to refine the recommended list of strategies.

6,042 Unique Users Over three
OOHs
31 Virtual Public Meetings
(Community, Council, Board)
3,149 Completed Surveys Over
three OOHs
~300 Interactions at
16 Virtual Office Hours
and 5 In-Person Events
1,398 Comments and Upvotes
on Interactive Map from first
OOH
~1,300 Email Recipients
22 Social Media posts with about
1,200 retweets, reactions, likes,
shares, and comments over
three OOHs
~200 Website Comments
Received

Berkeley-El Cerrito Corridor Access Plan | ES-7

Improving Access to the Stations
Hundreds of strategy ideas were collected through public input, stakeholder interviews, existing plan review, and discussions with partner cities and agencies. The strategy ideas were then evaluated to determine consistency with the project evaluation framework presented in Chapter 3. Strategies that were deemed feasible and consistent with the goals of the Plan are presented as recommendations in Table ES-1.

The strategies cover all modes of travel and increase station access for people of all ages and abilities. Station-specific strategies largely contain walking and biking improvements, some targeted bus improvements near the stations, and neighborhood parking management concepts. Corridor-wide strategies include more regionally serving improvements, like transbay bus improvements and transportation education programs, as well as strategies that apply to all the stations like lighting upgrades. Chapter 4 includes detailed descriptions and maps of recommended strategies by station.

Many projects and programs currently exist or are already under development to help riders get to and from the stations. These Strategies Underway are listed in Appendix E.

Highlights include walking and biking improvements along the Ohlone Greenway near the North Berkeley and El Cerrito Plaza Stations, scooter and bike sharing programs, GIG car share services, and improved integration between BART and AC Transit services. While Strategies Underway are briefly described in Appendix E, visiting the project webpage on the lead agency’s website will provide a more thorough overview of the project or program.

Berkeley-El Cerrito Corridor Access Plan | ES-8

Implementing the Strategies
BART or Developers will be responsible for advancing access investments on BART property. BART will also coordinate with agencies who are implementing the recommended strategies to identify funding and financing opportunities and support efforts to address other hurdles, such as staff resource constraints. In some cases, BART or a partner agency have already identified funding to implement a strategy. For example, in 2022 BART was successfully awarded over $24 million to support access improvements for the El Cerrito Plaza Station through the California State Transportation Agency’s Transit and Intercity Rail Capital Program. A detailed implementation approach is described in Chapter 5.

Berkeley-El Cerrito Corridor Access Plan | ES-9
Table ES-1: Recommended Strategies
ID Strategy Extents Lead Agency(s)1
Strategies Underway
See Appendix E for a list of Strategies Underway, including lighting plans in El Cerrito and Berkeley.

Corridor Wide Strategies
C-01 Bus Stop Infrastructure Improvements2 Bus stops on high ridership routes to the stations within 1.5 miles, or at locations with high proportion
of vulnerable users
AC Transit, Cities of Berkeley and El
Cerrito
C-02 On-Street Improvements for Bus
Reliability
High ridership routes to stations within 1.5 miles AC Transit C-03 Arlington Late Evening Bus Service2 Arlington Ave from El Cerrito del Norte and the Berkeley Hills to the Downtown Berkeley BART
Station
AC Transit
C-04 Carlson / Pierce New Transbay Service2 Richmond Annex to I-80/Buchanan St on Carlson Blvd and Pierce St
AC Transit
C-05 Reinstate Transbay Bus Service and
Increase Service Frequency2
Gilman St, Hopkins St, Monterey Ave from Marin Ave
to I-80, and Arlington Ave
AC Transit
C-06 Education on Existing and Future Station
Access Options
Study Area Alameda CTC, BART, CCTA, Cities of
Berkeley and El Cerrito, MTC
C-07 Shared Parking Education Parking lots and garages within half-mile of the stations, Pivot Point Commuter Hub Park & Ride
secure lot adjacent to I-80 at Buchanan St in Albany
BART, Cities of Berkeley and El Cerrito
C-08 Encourage Carpooling Study Area Alameda CTC, BART, CCTA, Cities of Berkeley and El Cerrito, MTC, WCCTAC
C-09 Financial Incentives for Shared / Active
Mode Use
Study Area EBCE, CCTA, 511 Contra Costa, WCCTAC,
Alameda CTC, MTC
C-10 Electric Bike Lending Library Selection of Valet Bike Stations near BART Nonprofit Partner C-11 Expand Bike Parking BART Stations BART
C-12 Micromobility: Regional Coordination El Cerrito, Albany, Richmond, Kensington (unincorporated Contra Costa County)
Cities of Albany, El Cerrito, Richmond;
C-13 Context-sensitive Lighting
Improvements
On main pedestrian corridors within a 15 min walk
(0.75 miles) from the BART stations
BART, Cities of Berkeley and El Cerrito
C-14 Clipper Cash Promotion Study Area MTC, Alameda CTC, CCTA El Cerrito Plaza Station Strategies

E-01 Frequent Bus Service on Carlson Line 712 Carlson Blvd from Northwest Study Area boundary to El Cerrito Plaza
AC Transit

Berkeley-El Cerrito Corridor Access Plan | ES-10
ID Strategy Extents Lead Agency(s)1
E-02 Restore Bus Service on Pierce through
University Village2
Pierce St from Marin Ave / San Pablo Ave to
Buchanan St / Pierce St to El Cerrito Plaza
AC Transit
E-03 Richmond St Bus Service2 Richmond St north of El Cerrito Plaza AC Transit E-04 Richmond St Biking and Walking
Improvements
Richmond St from Lincoln Ave to Fairmount Ave City of El Cerrito E-05 Ohlone Greenway Improvements Ohlone Greenway from northern edge of Study Area to the border between Albany / Berkeley
Cities of Albany and El Cerrito
E-06 Fairmount Biking and Walking
Improvements
Fairmount Ave from Carlson Blvd to Colusa Ave City of El Cerrito E-07 East Side Bicycle Boulevard
Implementation
Norwell St, Lincoln St, Albemarle St, Behrens St from
Moeser Ln to the end of Behrens St
City of El Cerrito
E-08 Carlson Biking and Walking
Improvements
Carlson Blvd from Columbia Ave to San Pablo Ave / El
Cerrito Plaza
City of El Cerrito
E-09 Pierce / Cerrito Creek Trail Biking and
Walking Improvements
Central Ave to Cerrito Creek Trail along Pierce St,
Pierce St to Carlson Blvd
City of El Cerrito
E-10 Lincoln Bicycle Boulevard Lincoln Ave from San Pablo Ave to Ashbury Ave City of El Cerrito E-11 Central Biking and Walking
Improvements Part 1
Central Ave from Ashbury Ave to Carlson Blvd City of El Cerrito E-12 Central Biking and Walking
Improvements Part 2
Central Ave from Carlson Blvd to the Bay Trail City of El Cerrito E-13 Richmond Annex Bikeways San Mateo St from Carlson Blvd to Central Ave, Columbia Ave from San Mateo St to Carlson Blvd
City of Richmond
E-14 Expand Docked Bike Share System Cities in Study Area MTC E-15 On-Street Parking Management Streets surrounding El Cerrito Plaza City of El Cerrito E-16 Parking Garage with Electric Vehicle
Parking
On-Site BART rider parking BART
North Berkeley Station Strategies
N-01 Acton Bicycle Boulevard and
Intersection Improvements
Acton St from Rose St to Addison St City of Berkeley
N-02 Virginia Biking and Walking
Improvements
Virginia St from San Pablo Ave to Oxford St City of Berkeley N-03 California Biking and Walking
Improvements
California St from Hopkins St to Russell St City of Berkeley N-04 Milvia Biking and Walking Improvements Milvia St from Virginia St to Hearst St City of Berkeley N-05 Sacramento Intersection Improvements3 Sacramento St from Cedar St to Virginia St City of Berkeley

Berkeley-El Cerrito Corridor Access Plan | ES-11
ID Strategy Extents Lead Agency(s)1
N-06 Parking Garage with Electric Vehicle
Charging
On-Site BART rider parking BART
Downtown Berkeley Station Strategies
D-01 Grizzly Peak, Euclid, Spruce, and Oxford
Frequent Bus Service (Lines 65 and 67)2
Grizzly Peak Blvd, Euclid Ave, Spruce St, and Oxford St from the Berkeley Hills to Downtown Berkeley BART
Station
AC Transit
D-02 Oxford Biking and Walking
Improvements
Oxford St from Bancroft Way to Virginia St City of Berkeley Ashby Station Strategies
A-01 Ashby Bus Service2 Ashby Ave from College Ave to Emeryville Amtrak AC Transit A-02 Ashby Intersection Improvements Ashby Ave from Ellis St to Adeline St Caltrans A-03 Shattuck Crossing Improvements Shattuck Ave from Prince St to Emerson St City of Berkeley A-04 MLK Jr. Biking and Walking
Improvements
MLK Jr. Way from Adeline St to Ashby Ave City of Berkeley A-05 Russell Biking and Walking
Improvements
Russell St from San Pablo Ave to Fulton St City of Berkeley A-06 King Biking and Walking Improvements King St from Russell St to Stanford Ave City of Berkeley A-07 Milvia Biking and Walking Improvements Milvia St from Blake St to Russell St City of Berkeley A-08 Woolsey Biking and Walking
Improvements
Woolsey St from King St to Wheeler St City of Berkeley A-09 Regional Wayfinding Within 1 mile of Ashby BART Stations BART, City of Berkeley A-10 Parking Garage with Electric Vehicle
Parking
On-Site BART rider parking BART
Notes:

1. This table only lists Lead Agencies. There may be supporting agencies that are not listed here. Where multiple agencies are listed, ultimate designation of lead agency/supporting agencies can depend on project type, location, or funding agency.

2. Suggested service and infrastructure improvements are not final. Additional outreach and coordination will be done on these routes during AC Transit’s Network Redesign Process and will be subject to funding availability.

3. A section of the Sacramento St project, including Virginia St to Addison St, was previously improved as part of the City of Berkeley’s Complete Streets Project.

Berkeley-El Cerrito Corridor Access Plan | 1

1. Introduction
BART and the cities of Berkeley and El Cerrito are planning to build over 2,000 mixed- income homes plus commercial space and community-serving amenities at the El Cerrito Plaza, North Berkeley, and Ashby BART stations over the next ten years. New homes will ease the region’s severe housing shortage, and some of the homes will be set aside for people with lower incomes (also known as “affordable housing”). These developments will also increase local economic activity and revenue that BART can use to improve service. To prepare for this significant transformation, the Berkeley-El Cerrito Corridor Access Plan (the Plan) focuses on strategies to help riders get to and from BART stations. The Plan does not look at access improvements inside the stations.

The planned housing developments will be built on what are now BART rider parking lots.

Fully replacing all existing BART parking would not align with the goals of BART and the cities as it would:
• Reduce space and funding available for homes, sustainable access infrastructure, and other community amenities
• Discourage sustainable ways of traveling in neighborhoods where walking, biking, and riding the bus are options

Berkeley-El Cerrito Corridor Access Plan | 2
• Favor wealthier riders who have more choices in how to get to/from BART stations3 Therefore, fewer riders will be able to park at the stations in the future as fewer parking spaces would be built than exist today.

Because new Transit-Oriented
Development (TOD) residents at the three
stations will be able to get to BART in a few
minutes, they will be much more likely to
use BART for a variety of trips than people
living further away.
4 As shown later in the
Plan, building these homes will increase the
number of BART riders overall, even after
accounting for those riders who would stop
using BART because they can no longer
park at these stations.

During the COVID-19 pandemic (the
pandemic), many riders stopped riding BART because they switched to remote work. Those riders tended to be higher income and be more likely to park at stations prior to the pandemic. Additionally, most higher income riders are expected to work remotely on a permanent basis at least a few days per week.
5 As such, BART’s rider base has become
more transit-dependent, meaning they have lower incomes and less access to cars.6 These new homes are especially timely as losses from remote work will be backfilled with new riders who have the greatest need for transit and least need to drive, increasing equity and sustainability.

When redeveloping a BART station with homes and other land uses, BART typically only identifies future circulation and station access
7 needs (such as space needed for pick
up/drop off, details on bus transfer infrastructure, number of bike parking spaces) in the immediate station area along with the adjacent streets considering the future TOD (as part

3 Riders who drive have higher incomes than those that do not. Source: BART, “BART Station Profile Survey”, 2015, https://www.bart.gov/about/reports/profile.
4 Barajas, Jesus, Karen Frick, and Robert Cervero, “Travel of TOD Residents in the San Francisco Bay Area: Examining the Impact of Affordable Housing”, 2020, https://escholarship.org/content/qt1r20w0tv/qt1r20w0tv.pdf?t=qgc879. 5 Bay Area Economic Council, “Remote Work in the Bay Area”, 2020, http://www.bayareaeconomy.org/wp- content/uploads/2020/12/BACEI_RemoteWork_12.21.20.pdf.
6 BART, “Presentation to Board of Directors: Customer Satisfaction Survey 2020”, 2021, https://www.bart.gov/sites/default/files/docs/CustSat2020_Board_fnl_PrintVersion.pdf. 7 The term “station access” means how people get to and from BART. This means both the act of travel between BART and home, work, school, or other activities, and the infrastructure that allows all ages and abilities to travel by walking, rolling, biking, riding transit, carpooling, driving & parking, and so on.

Photo credit: BART

Berkeley-El Cerrito Corridor Access Plan | 3
of a “Station Access Plan”). However, given that BART is planning to transform multiple parking lots along the Richmond Line8, this presents a rare opportunity to propose and collaborate on larger scale improvements to access across multiple stations. Therefore, the Plan recommends a set of transportation investments (known as “access strategies”, or “strategies”) for the entire Study Area and further out from individual stations. The Study Area encompassing all study stations is shown in Figure 1.

While the Plan considers strategies to enhance transportation throughout the Study Area, a Station Access Plan will still be prepared for each station. The process to create the Plan occurred separately and in parallel with the planning of the developments. Decisions regarding the number of housing units and stories, retail uses, and urban design are part of the station-specific development plans. To contribute to those efforts, which are still ongoing as of the adoption of this Plan, interested parties may visit BART’s webpages on the El Cerrito Plaza, North Berkeley, and Ashby Transit-Oriented Development processes. 9 The Plan does not look at access improvements inside BART Stations but focuses specifically on strategies to get people to and from BART Stations. These strategies are part of the “planning” phase that projects, programs, and services go through in the journey from vision to reality. As shown in Figure 2 , the strategies recommended in the Plan represent projects and programs that BART, local jurisdictions, and partner agencies can further study, design, fund, then implement in the future.

8 The Richmond Line informally refers to the portion of the BART system between Richmond and Ashby stations. 9 El Cerrito Plaza: https://www.bart.gov/about/business/tod/el-cerrito-plaza, North Berkeley:
https://www.bart.gov/about/business/tod/north-berkeley, Ashby: https://www.bart.gov/about/business/tod/ashby

Berkeley-El Cerrito Corridor Access Plan | 4
Figure 1: Project Study Area

Berkeley-El Cerrito Corridor Access Plan | 5
Figure 2: Project or Program Development Phases

The acc
ess strategies contained within the Plan are projects, programs, or services that will help riders get to and from not just El Cerrito Plaza, North Berkeley, and Ashby , but also
Downtown Berkeley Station. While Downtown Berkeley Station is not being developed, it is included in the Plan because some of the proposed access strategies will make this station the most convenient to access for people who currently access one of the other three stations. El Cerrito del Norte is also a nearby station that is not included in the Plan as a study station. El Cerrito del Norte Station serves as a nearby regional transit hub with existing rich transit service and planned complete street improvements.10 Due to El Cerrito del Norte’s existing transit service and safe street improvements, the station may be more convenient for some riders to access BART than El Cerrito Plaza.

The strategies cover all modes of travel and increase station access for people of all ages and abilities. Some strategies will provide places to park outside of the BART station area while others will improve ways that people— including those who currently park— can get to and from the stations without needing to drive (such as by walking, rolling, bicycling, or bus).

Many projects and programs currently exist or are already under development to help riders get to and from the stations. These Strategies Underway are listed in Appendix E.

Highlights include walking and biking improvements along the Ohlone Greenway near the

10 City of El Cerrito, “El Cerrito del Norte TOD Complete Streets Improvement Project”, 2021, https://www.wcctac.org/files/managed/Document/996/El%20Cerrito%20Del%20Norte%20Complete%20Streets.pdf.

Plan
•Adopt policies
to support a
community's
vision
•Name and
prioritize
specific
projects or
programs
Study
•Conceptualize
a project,
service, or
program with
goals and
objectives
•Determine
feasibility,
performance
metrics, and
potential
funding sources
Design
•Create detailed
drawings
•Identify service
or program
components
Fund
•Secure money
for
implementing
and operating
•Sources are
grants, bonds,
taxes, impact
fees, etc.

Implement
•Build a project
•Start a service
or program
Operate
•Maintain the
infrastructure;
run a service or
program
•Collect data
and input to
evaluate
project or
service
Community Input

Berkeley-El Cerrito Corridor Access Plan | 6
North Berkeley and El Cerrito Plaza Stations, scooter and bike sharing programs, GIG car share services, and improved integration between BART and AC Transit services. While Strategies Underway are briefly described in Appendix E, visiting the project webpage on the lead agency’s website will provide a more thorough overview of the project or program.

Many of the strategies are not under BART’s control, such as improvements to city streets, bicycle and/or scooter sharing programs, or changes to local bus service. Funding for the strategies may come from federal, state, regional and county agencies as well as possible sales tax or bond measures. Therefore, in crafting these strategies, BART collaborated closely with partner cities and government agencies through a Technical Advisory Committee (TAC).

1.1 Policy Background
The state, region, Cities of Berkeley and El Cerrito, and BART have shared goals and policies for building new developments. In 2008, the state adopted the Sustainable Communities and Climate Protection Act (SB 375) to increase coordination of transportation and homes with the objective of reducing greenhouse gas (GHG) emissions.

Local efforts capture the communities’ vision for improving options for people to get around while reducing the negative impacts of driving. These include General Plans and Climate Action Plans from both cities in addition to Berkeley’s Bicycle and Pedestrian Plans, Adeline Corridor Specific Plan, Vision Zero Action Plan, and El Cerrito’s Active Transportation Plan, Economic Development Action Plan, and San Pablo Avenue Specific Plan. Regionally, Alameda CTC, CCTA, and WCCTAC have participated in the multiple phases of the San Pablo Avenue Corridor Project as well as MTC’s Plan Bay Area 2050 which envisions a wide array of choices for Bay Area residents to enable travel without a vehicle.

Berkeley-El Cerrito Corridor Access Plan | 7
BART has several relevant policies that inform this planning effort.11 Most notably, the BART Board of Directors adopted policies and performance targets in 2016 for transit-oriented development (TOD) and station access.12 They support developing land next to BART stations for the crucial role it will play in reducing GHG emissions and providing more homes.

Building TODs near high-quality public transportation produces the following benefits:
• Homes – providing mixed-income homes near key activities while addressing the regional housing crisis13
• Environment – helping address the climate crisis because TOD residents will have more sustainable ways of getting around, reducing the average vehicle miles traveled per resident
• Equity – providing homes in places with jobs and other desirable amenities reduces household transportation costs
• Community – adding vibrancy to existing neighborhoods • Ridership – increasing BART use by TOD residents who use transit more frequently and for various trip purposes than those who live further away Studies confirm that people who live close to transit are more likely to use it for work, school, errands, and recreational trips than those who live further away.14 Building high- density homes on BART’s land will:
• Create more BART riders in the long term
• Strengthen BART’s financial outlook
• Locate the region’s expected population growth more sustainably See Appendix A for a detailed overview of these policies.

11 BART, “Berkeley – El Cerrito Corridor Access Plan Outreach and Materials,” 2022, https://www.bart.gov/about/planning/station-access/berkeley-elcerrito-corridor-plan/outreach. 12 BART, “Board of Directors: Transit-Oriented Development Policy Performance Measures and Targets”, 2016, https://www.bart.gov/sites/default/files/docs/B-%20TOD%20Performance%20Targets%202040%20Adopted%2012-1- 16_0.pdf.
13 MTC, “Choosing Where We Live: Attracting Residents to Transit-Oriented Neighborhoods in the San Francisco Bay Area”, 2010, https://mtc.ca.gov/sites/default/files/Briefing_Book-Choosing_Where_We_Live.pdf. 14 Barajas, Jesus, Karen Frick, and Robert Cervero, “Travel of TOD Residents in the San Francisco Bay Area: Examining the Impact of Affordable Housing”, 2020, https://escholarship.org/content/qt1r20w0tv/qt1r20w0tv.pdf?t=qgc879.

Berkeley-El Cerrito Corridor Access Plan | 8

Fruitvale BART Paseo Before Development
Fruitvale BART Paseo After Development

Berkeley-El Cerrito Corridor Access Plan | 9

1.2 Plan Organization
The Plan is organized into the following chapters:

Chapter 1:

Introduction
Chapter 2:

Context
Chapter 3: Developing the
Strategies
Purpose and policy
background supporting
development of the Plan
Existing station access
patterns and parking
replacement decisions
at the stations
Summary of how the
recommended list of
strategies was developed

Chapter 4: Recommended
Strategies
Chapter 5:

Implementation
Appendices:

A-H
Description of
recommended strategies
and potential impacts on
ridership
Funding and financing
strategies and
implementation
considerations
Additional content on
policy background, existing
conditions, public
engagement summaries,
and parking management
concepts

Berkeley-El Cerrito Corridor Access Plan | 10

2. Context
Locating mixed-income homes near stations and investing in rider access to stations are both critical to help BART meet its adopted goals and to boost ridership. Recent shifts in ridership patterns that have accelerated since the COVID-19 pandemic reinforce these objectives. Data on pre- and post-pandemic ridership and station access were used in the Berkeley-El Cerrito Corridor Access Plan (the Plan) to design access strategies and to inform parking replacement maximums at the stations.

2.1 Shifting Trends
The pandemic has changed traditional commute patterns and transit systems will need to get ahead of emerging work and travel patterns to promote sustainable ridership trends.

Remote work and hybrid work schedules are here to stay. The Bay Area Council has collected bi-monthly survey data from roughly 200 employers throughout the region in partnership with the Metropolitan Transportation Commission and EMC Research since April 2021 in order to gather reopening plans and inform transit agencies and policymakers.15 According to the January 2023 Bay Area Council Survey, only 21% of the

15 Each survey was sent through the Bay Area Council Employer Network; a group of over 100 employers who signed up to participate in the survey. Employers were recruited to participate through outreach to Bay Area Council members, Chambers of Commerce and Ethnic Chambers throughout the Bay Area, education institutions, industry associations,

Berkeley-El Cerrito Corridor Access Plan | 11
employers surveyed estimate that their workforce will return to work at a frequency of five days per week by July 2023.16 Employers estimated that nearly 24% of their workforce would be fully remote post-pandemic. Per the survey, over a third of employers have already reduced or plan to reduce their total office space in the Bay Area.

By July 2022, overall BART ridership had
rebounded to around 37% of pre-pandemic
levels.17 The amount of rider parking has
rebounded to a slightly lower degree, at
25% of pre-pandemic levels across the three
study stations.
18 Similarly, parking garages
near BART stations are showing high
vacancies (e.g. Center Street garage has 58%
total average weekday peak occupancy as of
September 2022).
19 Ridership has been
steadily rebounding through 2022 and BART
forecasts that ridership will increase to 52%
of pre-pandemic levels by June 2023.
20 BART is seeing ridership rebound more successfully on the weekend and on weekday early mornings (before 6AM). As of July 2022, about 32% of weekday riders have returned compared to over 53% of weekend riders, and 40% of early morning weekday riders have returned compared to 30% of AM or PM peak period weekday riders..21 These changing time of day and day of week ridership patterns signal a change in demand for car parking at the stations, which may be more spread out during the day and week (although not necessarily changing peak commute period parking occupancy).

Finally, rider demographics are changing. At the height of the pandemic in 2020, 51% of BART riders reported household incomes less than $50,000 a year, while riders at the same

partner organizations and peer-to-peer referrals by organizations already participating in the Employer Network. The surveys were also sent to a Bay Area Council email list as well as to partner organizations. Each survey had employers from all nine counties and across sectors; however, the data is not intended to be representative of all employers in the Bay Area.
16 Bay Area Council, “Return to Work and Transit Employer Survey Results”, January 2023, https://www.bayareacouncil.org/employer-survey-results/. 17 BART, Monthly Ridership Report July 2022 and trailing 12-months, 2022, https://www.bart.gov/sites/default/files/docs/202209%20MRR.pdf. 18 BART, Quarterly Parking Inventory and Spring 2022 Occupancy (updated June 7, 2022). 19 City of Berkeley Parking Services (September 2022), “Total” is inclusive of hourly and monthly parking. 20 BART, Monthly Ridership Report September 2022 and trailing 12-months, 2022, https://www.bart.gov/sites/default/files/docs/202209%20MRR.pdf. 21 Ibid.

Source: BART, 2022
37%
25%
0%
20%
40%
% of Pre-Pandemic BART
Ridership and Parking,
Summer 2022
Overall BART Ridership
Parking at the Study Stations

Berkeley-El Cerrito Corridor Access Plan | 12
income level only represented 26% of riders in 2018.22 This shift in rider profile underscores the role that BART must play in supporting lower-income riders who have fewer transportation options and are more likely to continue work in person. It is now more important than ever to locate homes, especially affordable housing, near transit for essential workers who do not have remote work options.

2.2 Study Area and Station Characteristics
The Study Area, nearby residents, and existing riders were assessed to understand how access to and from BART might be impacted by the planned station developments. Given volatile ridership and access patterns with the onset of the pandemic, existing is defined as pre-pandemic conditions.

Figure 3 through Figure 5 provide an overview of pre-pandemic station accessibility and demographic profiles of BART riders and residents living near the stations, which show that less than 26% of pre-pandemic riders along the corridor drove and parked to access BART.

Well over 50% of those drive-and-park riders are within a 15-minute walk, bicycle, or bus trip. A full set of Study Area existing conditions maps and an access assessment of Downtown Berkeley Station can be found in Appendix B and Appendix C.

22 BART, “Presentation to Board of Directors: Customer Satisfaction Survey 2020”, 2021, https://www.bart.gov/sites/default/files/docs/CustSat2020_Board_fnl_PrintVersion.pdf.

Berkeley-El Cerrito Corridor Access Plan | 13

El Cerrito Plaza BART Key Findings
• Area within a mile of the station is a combination of land uses with a mix of single-family homes and apartments, and regional commercial shopping centers • Equity priority areas, or areas with a concentration of low-income people and people of color, are located less than a quarter mile to the west and northwest of the station23
• A station of choice for residents in nearby hills of Kensington (unincorporated Contra Costa County) and the El Cerrito hills
• 59% of riders have a household income lower than $75,00024 • 66% of riders do not park at the station, including 38% who walk, 5% who bike, 4% who take the bus, and 19% who arrive to the station by other means25 • 34% of BART riders drive to and park to get to the station26 o Of those, 58% live within a 15-minute walk, bike, or bus trip as seen in Figure 3.

23 MTC, “Equity Priority Communities”, 2020, https://mtc.ca.gov/planning/transportation/access-equity-mobility/equity- priority-communities.
24 U.S. Census, “American Community Survey”, 2013-2017. 25 BART, “BART Station Profile Survey 2015”, 2015, https://www.bart.gov/about/reports/profile. 26 Ibid.

Berkeley-El Cerrito Corridor Access Plan | 14

Figure 3: Existing Access to El
Cerrito Plaza Station
Figure 3: Existing Access to
El Cerrito Plaza Station

Berkeley-El Cerrito Corridor Access Plan | 15

North Berkeley BART Key Findings
• Area within a mile of the station is largely single-family homes with commercial uses along San Pablo Avenue and University Avenue; overlaps with the denser Downtown Berkeley Station area to the southeast
• A station of choice for many residents living in the Berkeley hills • There are no equity priority areas near this station27 • 58% of riders have a household income lower than $75,00028 • 75% of riders do not park at the station, including 45% of riders who walk, 12% who bike, 1% of riders who take the bus, and 17% who arrive to the station by other means29
• 25% of BART riders drive and park to get to the station30 o Of those, 64% live within a 15-minute walk, bike, or bus trip as seen in Figure 4.

27 MTC, “Equity Priority Communities”, 2020, https://mtc.ca.gov/planning/transportation/access-equity-mobility/equity- priority-communities.
28 U.S. Census, “American Community Survey”, 2013-2017. 29 BART, “BART Station Profile Survey 2015”, 2015, https://www.bart.gov/about/reports/profile. 30 Ibid.

Berkeley-El Cerrito Corridor Access Plan | 16

Figure 4: Existing Accessto North Berkeley Station
Figure 4: Existing Access to
North Berkeley Station

Berkeley-El Cerrito Corridor Access Plan | 17

Ashby BART Key Findings
• Area within a mile of the station is a mix of single-family homes and apartments with commercial uses along Adeline Street and Shattuck Avenue • Equity priority areas, or areas with a concentration of low-income people and people of color, are adjacent to the station to the west and northwest31 • 59% of riders have a household income lower than $75,00032 • 82% of riders do not park at the station, including 59% who walk, 10% who bike, 2% who take the bus, and 11% who get to the station by other means33 • 18% of riders drive and park to get to the station34
o Of those, 81% live within a 15-minute walk, bike, or bus trip as seen in Figure 5.

31 MTC, “Equity Priority Communities”, 2020, https://mtc.ca.gov/planning/transportation/access-equity-mobility/equity- priority-communities.
32 U.S. Census, “American Community Survey”, 2013-2017. 33 BART, “BART Station Profile Survey 2015”, 2015, https://www.bart.gov/about/reports/profile. 34 Ibid.

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Figure 5: Existing Access
to Ashby Station
Figure 5: Existing Access to
Ashby Station

Berkeley-El Cerrito Corridor Access Plan | 19

2.3 Vehicle Parking
Prior to the pandemic, about 25% of BART riders drove to and parked at or on streets near the three stations where homes will be built. Although some current BART customers may decide not use BART if they can no longer park at the station, the majority of BART commuters use transit to access dense job centers because travel times for driving directly to work are unreliable and transit is more affordable than paying tolls, gas, and/or for parking in city centers. Therefore, many will find another option to getting to our stations that do not involve parking or they will drive to another station that has parking capacity or find another way to get to work that doesn’t involve single occupancy driving that generates more emissions.

Survey data from the Online Open House in summer 2021 indicated that a minority of people who drive to the study stations rely solely on driving and parking. 35 Similarly, a
survey conducted in 2019 for the El Cerrito Plaza BART Station Access Survey Results found that less than 6% of respondents would choose to drive directly to their destination if there were no parking at the station.36 Those who relied on parking in the El Cerrito Plaza survey listed various reasons why, such as running errands, transporting children to school and activities, living in the hills, and mobility impairment.37 Most BART riders who parked, however, indicated that they could access the El Cerrito Plaza station or other stations along the Study Area without parking.38 Some of these respondents may now have the option to work remotely at least part of the time in the post-pandemic future. These station-specific findings are assumed to be relevant to all study stations given their similarities.

BART is committed to building mixed-income homes on existing surface parking lots, reducing the amount of commuter parking at stations, and encouraging station access by alternative modes. Reduced parking space numbers should not affect vehicle parking during evening/night hours as spaces will be less occupied by BART riders when BART demand is lower. BART will continue to provide some vehicle parking at the stations for riders who may not have other options for getting to BART but will not continue to maintain the current number of surface parking spaces to the same extent as pre-

35 BART, “Berkeley – El Cerrito Corridor Access Plan: Summary of Online Open House Survey and Interactive Map Comments”, 2022, https://www.bart.gov/sites/default/files/docs/2022Mar09_BECCAP_Jul- Aug2021Survey_SummaryV2_0.pdf.
36 BART, “El Cerrito Plaza BART Station Access Survey Results”, 2019, https://www.bart.gov/sites/default/files/docs/2.2%202019-05-07%20Survey%20Analysis%20appendix%20summary- possted%20to%20web.pdf.
37 Ibid.
38 Ibid.

Berkeley-El Cerrito Corridor Access Plan | 20
pandemic levels. This priority is reinforced in community planning efforts not only by each individual agency but through collaborative efforts, such as the Berkeley Community Advisory Group (CAG) and community workshops in El Cerrito. These BART-city collaborations resulted in Berkeley’s Joint Vision & Priorities39 for the North Berkeley and Ashby BART stations and El Cerrito's Goals & Objectives40 for the El Cerrito Plaza BART station.

In deciding how much rider parking to build, BART has considered three main challenges to building parking, which are cost, space, and design, as described below:

Cost/Funding: Building and maintaining parking is very expensive, especially parking garages which is the form in which parking at these developments would take. The cost to build each parking stall is roughly $80,000 in an above-ground garage and $125,000 in an underground garage (2022 dollars). The cost to operate and maintain each parking stall is about $1,000 annually (2022 dollars).

Historically BART’s replacement parking for its developments was funded by three different sources. These are presented below with detail on challenges to applying these sources in the future:
• City-directed redevelopment funds, which are no longer available because the state dissolved this function in 2011.
• State and county grants, which are more limited than before and extremely competitive. With the exception of the Infrastructure Infill Grant (IIG) and Transit and Intercity Rail Capital Program (TIRCP), state and regional programs supporting transit-oriented development prohibit use of funds for parking. BART may weigh priorities away from parking for the limited grants that could support the development. For example, grant funding available for parking could support other community amenities such as transforming Adeline Street into a safer, more vibrant space, an enhanced Ohlone Greenway, safer crossings on San Pablo Avenue or more affordable housing.
• Ground lease revenue from the development. BART’s preference is that revenue received from its developments is invested directly back into the BART’s operating

39 BART Board of Directors and Berkeley City Council, “Joint Vision & Priorities for Transit-Oriented Development for Ashby and North Berkeley BART Stations”, 2021,
https://www.bart.gov/sites/default/files/docs/Ashby%20%26%20North%20Berkeley%20-%20JVP%20for%20TOD.pdf. 40 BART Board of Directors and El Cerrito City Council, “El Cerrito Plaza Transit-Oriented Development BART Goals & Objectives”, 2021, https://www.bart.gov/sites/default/files/docs/ECP_TOD_Goals_Objectives.pdf.

Berkeley-El Cerrito Corridor Access Plan | 21
budget as guided by BART’s policies and priorities to keep the system safe, clean, and reliable.

Space: Building parking takes up space that
could be used for other purposes, like homes
and community amenities. Building more
parking requires trade-offs, such as reducing
the number of homes built, building larger or
taller buildings, reducing community amenities,
etc. Each stall requires about 350 square feet to
account for the parking area, driving areas, and
equipment in the lot or structure. This means
two parking stalls is about the same size as a
one-bedroom home.

Source: Opticos, “Guiding Design Principles + Massing Scenarios”, Berkeley City Council meeting May 9, 2019 Design: Other design tradeoffs with more parking may include more driveways and less flexibility for street-level uses (such as retail and residential units with stoops). The more parking provided, the larger the building size will need to be which means less opportunity for places for people to gather and kids to play, for example. Less parking also means more

Berkeley-El Cerrito Corridor Access Plan | 22
opportunity to shape the building to better integrate into the neighborhood. This may ultimately affect the desired community-centered feel and vibrancy of the development.

Ultimately, BART’s decision on how much rider
parking to build considers the above challenges
alongside forecasts that indicate that investment in
homes and community amenities at the stations
would add more ridership than maintaining the
current parking spaces.

BART Rider Parking Decision-Making Process
The process to determine the amount of parking to provide at the stations consists of two steps, the first of which is complete, and the second of which is a future action.

1. Identify the maximum number of BART rider parking stalls to be on-site at each station.

BART’s objective in determining the maximum number of BART rider parking stalls available for BART riders (not TOD residents) was to provide enough parking to accommodate riders who may not have other options to get to BART.

The data used to determine the maximum number of BART rider parking stalls included community input and survey data from various station access surveys conducted in 2015, 2019, and 2021. Particular attention was paid to people with limited choices who would need parking close to the station. The analysis considered pre-pandemic commute patterns; forecasted remote-work trends; feasible options to get to and from BART by walking, biking, taking transit, and getting dropped off; and other off-site parking strategies.

El Cerrito Plaza Station
On October 28, 2021, the BART Board of Directors approved the El Cerrito-BART Goals & Objectives that included a parking maximum of up to 250 stalls with at least as many accessible stalls as currently provided. Based on an updated analysis nearly a year after the Board vote, BART staff defined a narrower range of BART rider parking of 100-150 with the goal of providing as close to 150 parking spaces as possible. This information was shared with the Community at public meetings that took place in July and

Berkeley-El Cerrito Corridor Access Plan | 23
September of 202241. The range provides flexibility for changes during design of the project. This updated analysis considered the following factors:
• BART Ridership Recovery Trends: Since the October 2021 Board approval of the BART rider parking maximum42, more data from the Bay Area Council has become available showing that surveyed Bay Area companies anticipate that 70% of employees will return three days a week or less with only 30% returning four or five days a week.43 BART ridership projections have been revised downward accordingly and now assume that ridership will reach only 70% of pre-pandemic levels over the next ten years.44
• City Management of On-Street Parking: Since the BART Board approval of the parking maximums, the City of El Cerrito has confirmed support to advance plans and worked with BART to secure grant funding to better manage on-street parking within about a ten-minute walk of the station.
• Funding: In July 2022, BART secured a significant portion of the funding for 150 garage spaces as part of a package of other multimodal access improvements from the Transit and Intercity Rail Capital Program (TIRCP). • Design: The Developer advanced site design alternatives which indicated that providing 100-150 spaces would allow for more open space, optimize the residential neighborhood, provide more active uses at the street level, allow for more secure and direct pedestrian access, and provide better wayfinding.

North Berkeley and Ashby Stations
On June 9, 2022, the BART Board approved the City of Berkeley-BART Joint Vision & Priorities for Transit-Oriented Development (TOD) for Ashby and North Berkeley BART stations
45 which includes guidance to prioritize investment in non-auto modes of travel.

During this meeting,46 the Board also approved the BART rider parking maximums:

41 BART, “Berkeley – El Cerrito Corridor Access Plan Outreach and Materials”, 2022, https://www.bart.gov/about/planning/station-access/berkeley-elcerrito-corridor-plan/outreach. 42 BART, “October 28, 2021, Board of Directors Regular Meeting,” 2021, https://bart.legistar.com/MeetingDetail.aspx?ID=900827&GUID=22E5A5C2-66E1-42F8-863B- E169D1F4CAFF&Options=info|&Search=.
43 Bay Area Council, “Return to Transit Track Poll", 2022, https://www.bayareacouncil.org/employer-survey-results/. The survey respondents are across sectors and across all nine Bay Area counties, although not intended to be representative of all employers in the Bay Area.
44 BART, “February 10, 2022, Board of Directors Regular Meeting”, 2022, https://bart.granicus.com/GeneratedAgendaViewer.php?view_id=17&clip_id=1301. 45 BART Board of Directors and Berkeley City Council, “Joint Vision & Priorities for Transit-Oriented Development for Ashby and North Berkeley BART Stations”, 2021,
https://www.bart.gov/sites/default/files/docs/Ashby%20%26%20North%20Berkeley%20-%20JVP%20for%20TOD.pdf. 46 BART June 9 2022 Board of Directors Regular Meeting, 2022, https://bart.legistar.com/MeetingDetail.aspx?ID=980551&GUID=C21558D3-066E-46FD-B9EA- 625A5EA0EDE3&Options=info|&Search=.

Berkeley-El Cerrito Corridor Access Plan | 24
• Ashby station: 85 stalls maximum.
• North Berkeley station: 120 stalls maximum. The roughly 80 parking stalls in the existing auxiliary lots will not be developed and will still be dedicated to BART rider parking, resulting in a total maximum of 200 parking stalls.

Accessible parking will be provided consistent with American Disabilities Act requirements

2. BART Board will approve the final number of parking stalls up to the Board- approved maximum number.

The final parking number will be
determined along with the complete
package of on-and off-site access
improvements once the development
team for each station meets with the
community as they advance design. It
will be based on updated ridership
trends and new information on
station access opportunities, a better
understanding of funding
opportunities for access
improvements, design considerations,
and community benefit tradeoffs at
each station.

Berkeley-El Cerrito Corridor Access Plan | 25

3. Developing the Strategies
Hundreds of strategy ideas were initially
collected for the Berkeley-El Cerrito Corridor
Access Plan (the Plan) through public input,
stakeholder interviews, existing plan review, and
discussions with partner cities and agencies.

These strategy ideas were then consolidated and
refined to respond to corridor-wide needs and
the unique characteristics, challenges, and access
patterns at each station. Table 1 contains a list of
the categories under which each strategy falls.

The context assessment presented in Chapter 2
informed which types of strategies would be
most effective in different parts of the Study
Area, shown in Figure 6. The station-specific
strategies recommended in the Plan respond to
the characteristics and travel patterns at each
station. The Plan also includes strategies
spanning the entire Study Area.

Online Open House #1
Interactive Map Input

Berkeley-El Cerrito Corridor Access Plan | 26
Table 1: Strategy Categories
Category Description
“Complete Streets” on
Local Roads
Provide improvements for all modes of travel on major local streets, including street crossing improvements for biking and walking
“Complete Streets” on
San Pablo Avenue
(State Route 123)
Install improvements for walking, biking, and transit on SR-123 Crossing
Improvements Install traffic safety measures at intersections and mid-block crossings Bikeways Build new bikeways or enhance safety of existing bikeways Large Bike Parking Increase secure bike parking options at the stations to accommodate larger bikes
Docked Bike Share
Stations Expand number and locations of docked bike sharing stations (i.e. Bay Wheels) Dockless Bike and/or
Scooter Share
Establish a program for shared bikes and electric devices that do not need to parked at a dock, including seated scooters and adaptive devices Electric Bike Lending
Library
Establish a lending library that allows people to borrow electric bikes for set period of time (e.g. days, weeks) to try them out as part of their day-to-day travels
Education Encourage, facilitate, or coach riders to understand apps and programs that can assist them getting to and from the station
Bus Stop Upgrades Install bus bulb-outs and upgrade stops with passenger amenities Discounted Fares Provide free or discounted transfers, monthly transit pass options, incentive for bus transfer, Clipper cash, or AC Transit’s EasyPass for group discounts Local Bus Service Enhance local bus service to BART, potentially with increased frequency and/or lengthened service hours
Transbay Service Expand and increase transbay services for neighborhoods further from BART Coordinated Transit
Transfers Work with other transit providers to coordinate transfers to and from BART Parking Options Places to park a car near transit
Wayfinding Signage
Install signage consistent with regional standards to help pedestrians, bicyclists, and transit riders connect to major transportation hubs and roadways
Financial Incentives
Provide financial incentives to cover upfront or ongoing costs for using more environmentally friendly travel options for accessing BART, such as electric bicycles and buses
Lighting Provide context-sensitive lighting1 for pedestrians walking to and from stations, at bus stops, near bike racks, and along sidewalks and crosswalks