Berkeley City Council
May 6, 2025

Ordinance No. 7,959-N.S. Page 1 of 32
ORDINANCE NO. 7,959–N.S.

REPEALING AND RE-ENACTING BERKELEY MUNICIPAL CODE CHAPTER 19.48 (BERKELEY FIRE CODE)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 19.48 is hereby repealed and reenacted as to read as follows:

Chapter 19.48
BERKELEY FIRE CODE*
Sections:

19.48.010 Adoption of the California Fire Code including Appendix B – Fire-Flow Requirements for Buildings and Appendix L – Requirements for Fire Fighter Air Replenishment Systems

19.48.020 Amendments to the California Fire Code

19.48.030 Validity
Section 19.48.010 Adoption of the California Fire Code
A. The California Fire Code, 2022 edition, as adopted in Title 24, Part 9 of the California Code of Regulations, including Chapter 1 (excluding Section 103), Chapter 3, Section 503 of Chapter 5, Sections 1103.5.6 through 1103.5.6.3 (new sections as created by BMC 19.48.020, Amendments to the California Fire Code), Appendix Chapters D, E, F, L (as amended by BMC 19.48.020, Amendments to the California Fire Code) and O published by the International Code Council not included in the California Building Standards Code, are adopted by this reference into this Chapter, and are hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth this ordinance. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

B. This chapter shall be known as the "Berkeley Fire Code" and shall be referred to in this chapter as "this code".

C. This Chapter will become effective on June 1, 2025.

Section 19.48.020 Amendments to the California Fire Code The following additions, changes and deletions to the 2022 California Fire Code, as detailed below, are adopted as part of the Berkeley Fire Code.

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Chapter 1 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 1 – SCOPE AND ADMINISTRATION
SECTION 101 SCOPE AND GENERAL REQUIREMENTS
[A] Section 101.1 Title. These regulations shall be known as the Berkeley Fire Code shall be known as the Fire Code of, shall be known as the Berkeley Fire Code, hereinafter referred to as "this code."
SECTION 102 APPLICABILITY
[A] 102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided with an approved fire protection plan as required in Section 1103.1.1 in accordance with the 2022 California Historical Code.

SECTION 104 DUTIES AND POWERS OF THE FIRE CODE OFFICIAL Section 104.13. Authority to arrest and issue citations. The Fire Chief, or their designee shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the International Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. It is the intent of the City Council that the immunities provided in Penal Code Section 836.5 are applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter.

Section 104.14 Authority to abate fire nuisance [Additional subsection]. The Fire Chief or the Fire Chief’s designee shall have the authority to order the abatement of fire nuisances.

SECTION 105 PERMITS
105.5.18 Flammable and combustible liquids. An operational permit is required:

1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems.

2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:

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2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.

2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures where such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.

4. To store, handle or use Class IIIB liquids in excess of 110 gallons in containers, or in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.

Exception: Fuel oil and used motor oil used for space heating or water heating.

5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.

8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.

9. To manufacture, process, blend or refine flammable or combustible liquids.

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or, where required by the fire code official, to utilize a site for on- demand mobile fueling operations in accordance with Section 5707.

Section 105.5.55 Christmas tree sales lot. An operational permit is required to operate a Christmas tree sales lot.

Section 105.5.56 Escort convoy service. Police and/or Fire Department convoy service is required for vehicle transportation of extremely hazardous materials.

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Section 105.5.57 Fire Fighter Air Replenishment System (FARS). An annual operational permit is required to maintain a FARS system in accordance with Appendix L.

Section 105.5.58 General use permit. For any activity or operation not specifically described in this code, which the fire code official reasonably determines, may produce conditions hazardous to life or property.

Section 105.5.59 Parking facility, special events] An operational permit is required to use buildings or structures for vehicle parking, including parking for special events (i.e. football games, etc.).

Section 105.6.25 Fire fighter air replenishment system (FARS). A building permit is required for installation of or modification to a FARS system in accordance with Appendix L.

Section 105.6.26 Window bars, operational constraints and opening control devices. A building permit is required to install window bars or other equipment which imposes operational constraints and opening controls on emergency escape and rescue openings on exterior doors or windows of any sleeping rooms in accordance with fire code Section 1031.2.1 of this code.

SECTION 107 FEES
Section 107.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing body. of fees for permits and inspections as set forth by the City Council by resolution.

Section 107.4 Work commencing before permit issuance. A person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority, which shall be in addition to the required permit fees. equivalent to three times the amount of the required fees to obtain a permit for that work, activity or operation regulated by this code.

Section 107.7. Expense of securing emergencies. The expense of securing any emergency that is within the responsibility for enforcement of the fire code official as given in Sections 104.1 or 104.11 is a charge against the person who caused the emergency.

Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the fire code official for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up.

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SECTION 111 MEANS OF APPEALS
Section 111.1 Board of appeals established. Appeals Procedure In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. an appeal therefore may be taken to the City Council by the applicant or permit holder. Notice of the appeal must be filed with the City Clerk of the City of Berkeley within ten days from the date of mailing of the fire code official’s decision to the applicant or permit holder. The notice of appeal shall contain a statement of the reasons for the appeal. The City Clerk shall forward one copy thereof to the fire code official. Within thirty days after the filing of the notice of appeal, the fire code official shall transmit to the City Council all their records pertaining to the decision appealed from.

Section 111.1.1 Stay of Proceedings The filing of the notice of appeal shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until determination of the appeal as hereinafter provided, unless the fire code official determines that such a stay could result in an imminent threat to public safety.

Section 111.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems, and are not employees of the jurisdiction. Decisions: The City Council shall review the action of the fire code official and shall do any one of the following:
a. Refer the matter back to the fire code official.
b. If the facts stated in or ascertainable from the application, the Notice of Appeal, the written statement of the fire code official setting forth the reason for their decision, and the other papers, if any, constituting the record do not, in the opinion of the City Council, warrant further hearing, the City Council may affirm the decision of the fire code official. Such decision shall be final.
c. If, in the opinion of the City Council, said facts warrant further hearing, the City Council shall set the matter for hearing and shall give notice of the time and place of said hearing by mailing a copy of such notice by certified mail to the address of the applicant as stated in the Notice of Appeal, at least ten (10) days before the time fixed for the hearing. The City Council may continue the hearing from time to time.
d. Following such hearing, the City Council shall reverse, affirm wholly or partly modify any decision of the fire code official, or make any other decisions or determinations or impose such conditions as the facts warrant. Such decision or determination shall be final.
e. If none of the above actions have been taken by the City Council within thirty (30) days from the date the appeal first appears on the City Council agenda, then the decision of the fire code official shall be deemed affirmed and the appeal shall be deemed dismissed.

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f. If the appeal is set for hearing but the disposition of the appeal has not been determined within ninety (90) days from the date the appeal first appears on the City Council agenda, then the decision of the fire code official shall be deemed affirmed and the appeal deemed dismissed.
111.4 Administration. The fire code official shall take immediate action in accordance with the decision of the Board City Council .

SECTION 112 VIOLATIONS
Section 112.1 Unlawful acts [Amended subsection]. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code, or to create, maintain or allow to continue any fire hazard.

Section 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment misdemeanor, but may be cited or charged, at the election of the enforcing officer or City Attorney, as infractions, subject to an election by the defendant under Penal Code Subsection 17 (d). Each day that a violation continues after due notice has been served shall be deemed a separate offense. In addition to all other legal remedies, civil or criminal (as set forth above), any violation of this code constitutes a public nuisance in accordance with B.M.C Chapter 1.26, and is subject to all provisions of B.M.C. Chapter

1.26, as well as abatement under B.M.C. Chapter 1.24, “Abatement of Nuisances”. All such violations are also subject to the issuance of an administrative citation in accordance with B.M.C Chapter 1.28 at the discretion of the enforcing officer or the City Attorney.

SECTION 114 UNSAFE STRUCTURES OR EQUIPMENT
Section 114.7 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code. Where the owner does not comply with an abatement order under Section 114.4 within the period specified, the City of Berkeley may perform or cause to be performed the necessary work. The costs incurred shall be recoverable under the procedures in Section 114.7.1
Section 114.7.1 Abatement process [Additional subsection] The abatement process shall be conducted in accordance with the notice and hearing requirements of the nuisance abatement provisions of Berkeley Municipal code chapter 1.24, including summary abatements of structures or premises determined by the City of Berkeley to constitute an imminent hazard or emergency condition.

Chapter 2 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

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CHAPTER 2 – DEFINITIONS
SECTION 202 GENERAL DEFINITIONS
Section 202 Definitions – BBERKELEY MARINA. The area shall mean all those, parts of the City of Berkeley west of the Interstate 80 Freeway Section 202 (Definitions — F). FIRE HAZARD. Anything or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. Fire hazards as defined herein are hereby declared to be public nuisances subject to abatement by the City of Berkeley.

Section 202 (Definitions — F). FIRE NUISANCE. Anything or act, which is annoying, unpleasant, offensive or obnoxious because of fire.

Section 202 (Definitions – J). JURISDICTION. The City of Berkeley. The governmental unit that has adopted this code.

Section 202 (Definitions — W). WASTE OIL is a Class III-B waste liquid resulting from the use of Class III-B combustible liquids such as waste motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids.

Chapter 5 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 5 – FIRE SERVICE FEATURES
SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS
Section 504.1.1 Marking of Exterior Building Openings. Where exterior doorways are not otherwise marked with identification such as building addresses, room/suite numbers or business names which identify the area(s) they provide access to, or a functional description for the space, such opening shall be provided with signs or labels indicating the areas they serve. Doorways to be marked shall include but are not limited to doors serving building circulation (such as stairwells/exit passageways), potential hazards (such as trash rooms), and building service and utility spaces (such as electrical, gas, HVAC and elevator machine rooms). Signs/labels shall be permanent, weather and sunlight resistant with lettering not less than ¾” high with a 1/16” width stroke on a contrasting background. Such signs or labels shall be affixed to the door frame or wall above the door. Such signs and labels shall be maintained.

Exception: Doors associated with private dwellings, the main entrance to normally occupied spaces or when determined to be unnecessary by the fire code official.

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Chapter 7 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 7 – FIRE AND SMOKE PROTECTION FEATURES
SECTION 705 DOOR AMD WINDOW OPENINGS
Section 705.2.5 Smoke - and heat-activated doors. Smoke-activated doors shall be maintained to self-close or automatically close upon detection of smoke. Existing fusible- link-type automatic-door closing devices are permitted if the fusible-link rating does not exceed 135F (57C). Doors required for fire and smoke separation for interior exit stairways and floor separation in R-1 or R-2 occupancies shall not be maintained in an open position with fusible links.

Chapter 9 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 9 – FIRE PROTECTION AND LIFE SAFETY SYSTEMS SECTION 903

AUTOMATIC SPRINKLER SYSTEMS
Section 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire arear exceeds 5,000 square feet (464 m2).

Section 903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all buildings having stories, including basements, of all buildings where the floor area exceeds 1,500 square feet (139.4 m 2) and where the story does not comply with the following types of exterior wall openings:

1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1011 or an outside ramp complying with Section 1012.

Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on not fewer than one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm).

2. Openings entirely above the adjoining ground level totaling not less than 20 square feet (1.86 m 2) in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on not fewer than one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm) The height of the bottom of the clear opening shall not exceed 44 inches (1118 mm) measured from the floor.

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Section 903.2.11.2. Rubbish, Recycling and linen chutes. An automatic sprinkler system shall be installed at the top of rubbish and linen chutes and in their terminal rooms.

Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rubbish chute extends through a building more than one floor below the lowest intake, the extension shall have sprinklers installed that are recessed from the drop area of the chute and protected from freezing in accordance with Section 903.3.1.1. Such sprinklers shall be installed at alternate floors, beginning with the second level below the last intake and ending with the floor above the discharge. Access to sprinklers in chutes shall be provided for servicing. Activation of any fire sprinkler in a chute shall activate a separate water flow switch to indicate waterflow in the chute. All fire sprinklers in the chute shall be controlled by a separate, electrically supervised control valve with tamper switch.

Section 903.2.22 Structures in the Berkeley Marina Area. An automatic sprinkler system shall be installed in all structures located in the Berkeley Marina Area in accordance with NFPA 13 standards.

Exceptions: Gear lockers not designed to permit human entry, municipal restrooms unattached to other structures, the existing City of Berkeley Harbor Master's office, and any temporary construction site structures.

Section 903.2.23 Public Self-Storage Buildings. An automatic sprinkler system shall be installed in any building erected or existing building that was converted and/or subdivided for public self-storage use on or after August 19, 1982, in accordance with NFPA 13 standards.

Section 903.2.24 Environmental Safety - Residential District. Reserved Section 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 80.

1. Four stories or less above grade plane.

2. The floor level of the highest story is 30 feet (9144mm) or less above the lowest level of fire department vehicle access.

3. The floor level of the lowest story is 30 feet (9144mm) or less below the lowest level of fire department access.

The number or stores of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 of the California Building Code shall be measured from grade plane.

Exception: Sprinkler systems in residential / commercial mix-use buildings are to be in accordance with NFPA 13.

Section 903.3.9 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet or more above the lowest level of fire department vehicle access.

2. Buildings that are four three or more stories in height.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

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Exception: In Group R-3 and R-3.1 occupancies, floor control valves and waterflow detection assemblies shall not be required.

Section 907.2 Where required—new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.29 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code.

Not fewer than one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where an automatic and manual, or a manual fire alarm system is required by this code or Berkeley local ordinance, other sections of this code allow elimination of fire alarm boxes is prohibited. due to sprinklers or automatic fire alarm systems, a single fire alarm box shall be installed at a location approved by the enforcing agency.

Exceptions:

1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control, supervisory service and fire sprinkler monitoring.

2. The manual fire alarm box is not required for GroupR-2 occupancies unless required by the fire code official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public.

3. The manual fire alarm box is not required to be installed when approved by the fire code official.

Section 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more, or where the Group A occupant load is more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.10 of the California Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes with an occupant load of less than 1000 shall be provided with a fire alarm system as required for the Group E occupancy.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow.

Every Group A building used for educational purposes shall be provided with a manual or automatic fire alarm system. This provision shall apply to, but shall not necessarily be limited to, every community college and university.

Exception: Privately owned trade or vocational schools or any firm or company which provides educational facilities and instruction for its employees.

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Section 907.2.2 Group B. A manual fire alarm system, which activates the occupant notification system in accordance with Section 907.5, shall be installed in Group B occupancies where one of the following conditions exists:

1. The combined Group B occupant load of all floors is 500 or more.

2. The Group B occupant load is more than 100 persons above or below the lowest level of exit discharge.

3. The fire area contains an ambulatory care facility.

4. For Group B occupancies containing educational facilities, see Section 907.2.2.2.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow.

Section 907.2.4 Group F. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group F occupancies where both of the following conditions exist:

1. The Group F occupancy is two or more stories in height.

2. The Group F occupancy has a combined occupant load of 500 or more above or below the lowest level of exit discharge.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow.

Section 907.2.7 Group M. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group M occupancies where one of the following conditions exists:

1. The combined Group M occupant load of all floors is 500 or more persons.

2. The Group M occupant load is more than 100 persons above or below the lowest level of exit discharge.

Exceptions:

1. A manual fire alarm system is not required in covered or open mall buildings complying with Section 402 of the California Building Code.

2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will automatically activate throughout the notification zones upon sprinkler water flow.

Section 907.2.8.1 Manual fFire alarm system. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-1 occupancies.

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Exceptions:

1. A manual fire alarm system is not required in buildings not more than two stories in height where all individual sleeping units and contiguous attic and crawl spaces to those units are separated from each other and public or common areas by not less than 1-hour fire partitions and each individual sleeping unit has an exit directly to a public way, egress court or yard.

2. Manual fire alarm boxes are not required throughout the building where all the following conditions are met:

2.1.The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

2.2.The notification appliances will activate upon sprinkler water flow.

2.3.Not fewer than one manual fire alarm box is installed at an approved location.

Section 907.2.8.2 Manual and Aautomatic fire alarm systemsmoke detection system. An A manual and automatic smoke detectionfire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed throughout all interior corridors and common areas of Group R-1 occupancies. The detection device for this purpose shall be a smoke detector (or heat detector as approved), which is system connected and electronically supervisedserving sleeping units.

Exception: An automatic smoke detection system is not required in buildings that do not have interior corridors serving sleeping units and where each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that leads directly to an exit.

Section 907.2.9.1 Automatic and Mmanual fire alarm system. An automatic and manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-2 occupancies where any of the following conditions apply:

1. The building is three or more stories in height and Any any dwelling unit or sleeping unit is located three or more stories above the lowest level of exit discharge.

2. Any dwelling unit or sleeping unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit or sleeping unit.

3. The building contains more than 16 dwelling units or sleeping units.

4. Congregate residences with more than 16 occupants.

Exceptions:

1. A fire alarm system is not required in buildings not more than two stories in height where all dwelling units or sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by not less than 1-hour fire partitions and each dwelling unit or sleeping unit has an exit directly to a public way, egress court or yard.

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2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and the occupant notification appliances will automatically activate throughout the notification zones upon a sprinkler water flow.

3. 2. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Section 1027.6, Exception 3.

Section 914.3.9 Fire Fighter Air Replenishment Systems. New high-rise buildings shall install an approved Fire Fighter Air Replenishment System (FARS) or equivalent equipment or systems as determined by the fire code official to provide a breathing air supply for firefighting self-contained breathing air tanks. Such system or equipment shall provide adequate pressurized breathing air supply through a permanent piping system or other means acceptable to the fire code official for the replenishment of portable life sustaining air equipment carried by fire department, rescue and other personnel in the performance of their duties. Design, installation, testing and maintenance of such air replenishment systems shall be made in accordance with Appendix Chapter F of the California Plumbing Code. Each property owner shall be responsible for maintaining such equipment or systems including annual air sampling and testing.

Exceptions:

1. Buildings equipped with Firefighter Access Elevators as required by Berkeley Building Code section 403.6.1

2. Where an alternate method of supplying breathing air replenishment is approved by the fire code official.

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Chapter 11 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 11 – CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SECTION 1103 FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS Section 1103.5 Sprinkler systems. An automatic sprinkler system shall be provided in existing buildings in accordance with Section 1103.5.1 through 1103.5.5.6.3 SECTION 1103.5.6 AUTOMATIC SPRINKLER REQUIREMENTS FOR EXISTING HOTELS
Section 1103.5.6.1 Definitions. For the purposes of this Section, the following terms shall be defined as follows:

1. “Hotel" shall mean any building, including motels, dormitories, rooming houses, fraternity houses and sorority houses, which contain six or more rooms which were intended or designed to be used, or which are used, for the purposes of renting, hiring or letting to residential occupants for sleeping purposes but shall not include apartment buildings as defined in this code.

2. "Story" is as defined in the Berkeley Building Code.

3. "First Story" is as defined in the Berkeley Building Code.

4. "Basement" is as defined in the Berkeley Building Code.

5. “Balcony, Exterior Exit" shall mean a landing or porch projecting from the wall of a building which serves as a required exit. The long side shall be at least 50 percent directly open to the exterior, and the open area above the guardrail shall be so configured as to prevent the accumulation of smoke or toxic gases.

Application: This section shall apply to every hotel in which the rooms used for sleeping are rented or let above the ground floor, if the hotel was built prior to 1992, and also meets one of the following two conditions:

The height of the hotel is three or more stories or two stories plus an inhabited basement, which is used for purposes other than exclusively servicing the maintenance and other needs of the building; or the hotel contains 20 or more rooms, or regularly accommodates 20 or more residential occupants.

Exception: No hotel in which the exits from sleeping rooms lead either to the outside of the building either directly or via approved exit balconies with approved exterior stairways(s) in accordance with the requirements of the Berkeley Building Code is required to comply with this section.

Section 1103.5.6.2 Types of Fire Sprinklers. In the sleeping units of the building, only residential or quick response sprinkler heads shall be used.

Section 1103.5.6.3 Supervision of fire sprinkler systems. All automatic sprinkler systems installed under this subsection shall be monitored for supervision and alarms in accordance with Section 903.4.

Ordinance No. 7,959-N.S. Page 15 of 32
Section 1103.7 Fire Alarm Systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through 1103.7.6 and provide occupant notification in accordance with Section 907.5 unless other requirements are provided by other sections of this code. Existing high-rise buildings shall comply with Section 1103.7.9. Where an automatic and manual or a manual fire alarm system is required by this code or Berkeley local ordinance, elimination of fire alarm boxes in buildings equipped with an approved sprinkler system is prohibited.

Exception: Occupancies with an existing, previously approved fire alarm system.

Section 1103.7.5.1 Group R-1 hotels, and motels, and congregate residences manual and automatic fire alarm system. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-1 hotels, and motels, and congregate residences more thanwith three or more stories or with more than 20 or more sleeping units.

Exceptions:

1. A manual fire alarm system is not required in buildings less than two stories in height where all sleeping units, attics and crawl spaces are separated by 1-hour fire-resistance-rated construction and each sleeping unit has direct access to a public way, egress court or yard.

2. A manual fire alarm system is not required in buildings not more than three stories in height with not more than 20 sleeping units and equipped throughout with an automatic sprinkler system installed in accordance with Sections 903.3.1.1 or 903.3.1.2.

3. Manual fire alarm boxes are not required throughout the building where the following conditions are met:

3.1. The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

3.2. The notification appliances will activate upon sprinkler water flow.

3.3. Not less than one manual fire alarm box is installed at an approved location.

Section 1103.7.6 Group R-2. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-2 occupancies three or more stories in height or with 16 or more dwelling or sleeping units. Congregate residences shall retrofit existing manual-only fire alarm systems with manual and automatic fire detection. Other types of R-2 occupancies (such as apartment buildings) shall retrofit existing manual-only fire alarm systems with manual and automatic fire detection when the existing fire alarm control unit is replaced for any reason. Automatic detection shall be accomplished by use of a smoke detector (or heat detector as approved), which is system connected and electronically supervised.

Detectors shall be installed in all interior corridors and common areas.

Ordinance No. 7,959-N.S. Page 16 of 32
Exceptions:

1. Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistance rating of not less than 3/4 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade.

2. A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants.

3. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open ended corridors designed in accordance with Section 1027.6, Exception 3.

4. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units, do not exceed three stories in height and comply with both of the following:

4.1. Each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than ¾ hour.

4.2. Each dwelling unit is provided with smoke alarms complying with the requirements of Section 907.2.11.

Section 1103.7.10 Monitoring of Group R Occupancies. All existing R occupancies that are required to provide both a fire alarm and fire suppression system shall have the system monitored by a central station, remote supervising station, or proprietary supervising station.

Ordinance No. 7,959-N.S. Page 17 of 32
Chapter 49 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 49 – REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
SECTION 4902 DEFINITIONS
Section 4902.1 General. For the purpose of this chapter, certain terms are defined as follows:

DIRECTOR. Director of the California Department of Forestry and Fire Protection (CAL FIRE).

FIRE PROTECTION PLAN. A document prepared for a specific premises, project or development, either existing or proposed for a Wildland-Urban Interface (WUI) area. It describes ways to minimize and mitigate potential for loss from wildfire exposure.

FIRE HAZARD SEVERITY ZONES. Geographical areas designated pursuant to California Public Resources Codes, Sections 4201 through 4204 and classified as Very High, High, or Moderate in State Responsibility Area or as Local Agency Very High Fire Hazard Severity Zones designated pursuant to California Government Code, Sections 51175 through 51189.

The California Code of Regulations, Title 14, Section 1280 entitles the maps of these geographical areas as "Maps of the Fire Hazard Severity Zones in the State Responsibility Area of California."
FLATLANDS MITIGATION AREA (ZONE 1) encompasses the entire City of Berkeley except for areas in the Hills Mitigation Area, Panoramic Mitigation Area and Grizzly Peak Mitigation Area.

FUEL BREAK. A natural or human caused change in fuel characteristics which affects fire behavior so that fires burning into them can be more readily controlled (NWCG PMS 205).

FIRE-RESISTANT VEGETATION. Plants, shrubs, trees and other vegetation that exhibit properties, such as high moisture content, little accumulation of dead vegetation, and low sap or resin content, that make them less likely to ignite or contribute heat or spread flame in a fire than native vegetation typically found in the region.
[Note: The following sources contain examples of types of vegetation that can be considered fire-resistant vegetation (Fire-resistant Plants for Home Landscapes, A Pacific Northwest Extension publication; Home Landscaping for Fire, University of California Division of Agriculture and Natural Resources; Sunset Western Garden Book)].

GRIZZLY PEAK MITIGATION AREA (ZONE 4) encompasses those areas of the city east of Grizzly Peak Boulevard to the city boundary.

Ordinance No. 7,959-N.S. Page 18 of 32
Homes addressed on, or with a structural frontage on either side of Grizzly Peak Boulevard are included in the area.

The Grizzly Peak Mitigation Area is designated as a Very-High Fire Hazard Severity Zone.

HILLS MITIGATION AREA (ZONE 2) encompasses those areas designated as Very High or High Fire Hazard Severity Zones that are not included in the Grizzly Peak Mitigation Area or Panoramic Mitigation Area.

This area includes areas of the City east / north east of the line formed by these roads. Homes addressed on, or with a structural frontage on either side of these road segments are included in the zone:
a. The Arlington Avenue from the Kensington Border to Marin Avenue b. Sutter Street from the Southern portal of the Northbrae Tunnel to Eunice Street
c. Eunice Street from Sutter Street to Spruce Street
d. Spruce Street from Eunice Street to Hearst Avenue
e. Gayley Road from Hearst Avenue to Stadium Rim Way
f. Piedmont Avenue from Stadium Rim Way to Dwight Way
g. Warring Street from Dwight Way to Derby Street
h. Belrose Avenue from Derby Street to Garber Street
i. Claremont Boulevard from Garber Street to Claremont Avenue j. Claremont Avenue from Claremont Boulevard to the Oakland Border k. Tunnel Road from Ashby Avenue to the Oakland Border
IGNITION-RESISTANT MATERIAL. A type of building material that complies with the requirements in Section 704A.2 in the California Berkeley Building Code.

LOCAL RESPONSIBILITY AREAS (LRA). Areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district.

PANORAMIC MITIGATION AREA (ZONE 3) encompasses those areas of the city bounded by the line formed by these roads and by the City Limit to the east.

The entirety of the Panoramic Mitigation Area is designated as a Very High Fire Hazard Severity Zone. Homes addressed on, or with a structural frontage on either side of these road segments are included in the zone:
a. Canyon Road from the Oakland border to Stadium Rim Way b. Stadium Rim Way from Canyon Road to Bancroft Way
c. Bancroft Way from Stadium Rim Way to Prospect Street d. Prospect Street from Bancroft Way to Bancroft Steps
e. Bancroft Steps from Prospect Street to Warring Street

Ordinance No. 7,959-N.S. Page 19 of 32
f. Bancroft Way from Warring Street to Piedmont Avenue
g. Piedmont Avenue from Bancroft Way to Dwight Way
h. Dwight Way from Piedmont Avenue to the Oakland border STATE RESPONSIBILITY AREA (SRA). Lands that are classified by the Board of Forestry pursuant to Public Resources Code Section 4125 where the financial responsibility of preventing and suppressing wildfires is primarily the responsibility of the state.

WILDFIRE. Any uncontrolled fire spreading through vegetative fuels that threatens to destroy life, property, or resources as defined in Public Resources Code, Sections 4103 and 4104.

WILDFIRE EXPOSURE. One or a combination of radiant heat, convective heat, direct flame contact and burning embers being projected by vegetation fire to a structure and its immediate environment.

WILDLAND-URBAN INTERFACE (WUI). A geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires.

SECTION 4903 PLANS
Section 4903.3 Submittal, approval and fees. When required to submit a Fire Protection Plan or Vegetation Management Plan for any reason the responsible party shall prepare or cause to be prepared a Fire Protection Plan in accordance with the latest standards of the Berkeley Fire Department. The Fire Protection Plan shall be submitted to, reviewed and approved by the Berkeley Fire Department and shall be enforced and maintained by the responsible party or their designated agent. The Berkeley Fire Department may charge an appropriate fee for the review, approval and processing of the Fire Protection Plan in accordance with the hourly rate established by City Council resolution.

SECTION 4905 WILDFIRE PROTECTION BUILDING CONSTRUCTION
Section 4905.2 Construction methods and requirements within established limits.

Within the limits established by law, construction methods intended to mitigate wildfire exposure shall comply with the wildfire protection building construction requirements contained in the California Building Standards Code Berkeley Building Code and Berkeley Residential Code, including the following:

1. California Building Code, Chapter 7A.Chapter 7A of the Berkeley Building Code (B.B.C), Berkeley Municipal Code Section 19.28.030.

2. California Residential Code Section R337 of the Berkeley Residential Code (B.R.C.), Berkeley Municipal Code Section 19.29.050.

3. California Referenced Standards Code, Chapter 12-7A.

SECTION 4907 DEFENSIBLE SPACE

Ordinance No. 7,959-N.S. Page 20 of 32
Property owners are not required or authorized by this code to enter the properties of another person to implement the requirements of this Section.

Section 4907.3 Requirements.

5. The Fire Code Official may require a property owner to perform hazardous vegetation and fuel management on their land to maintain defensible space up to 100 feet from structures located on adjacent properties.

Section 4907.4 Mitigations Required.

A person who owns, leases, controls, operates, or maintains lands shall at all times maintain:

3. Zone 1: 5 to 30 feet from any structure:
a. Remove any privacy hedges or contiguous vegetation that will create a pathway for fire to reach a Structure.
b. Maintain 6 feet of vertical clearance between branches and all other parts of trees overhanging the roof or other portion of any Structure or attached deck.
c. Maintain any tree, shrub, or other plant adjacent to or overhanging any Structure or attached deck free of dead branches, dead limbs, or other Combustible Material.
d. Maintain the roof and roof gutters of any structure, and the surface of any attached deck free of leaves, needles, or other vegetative materials.
e. Maintain trees to remove Ladder Fuels so that foliage, twigs, or branches are greater than 8 feet above the ground or surface fuels. f. Remove all branches within 10 feet of any chimney or stovepipe outlet. g. Storage of firewood, lumber, or other Combustible Material is not permitted.
h. Keep low-growing shrubs, no higher than 6 feet in height, spaced apart or in small groupings of no more than 3 shrubs with a maximum aggregate diameter of 10 feet. Shrub groupings must be separated from other shrubs or shrub groupings by 15 feet such that no continuous path of vegetation is created. Where shrubs are located below or within a tree's drip line, the lowest tree branch shall be a minimum of three times the height of the understory shrubs or 10 feet, whichever is greater.
i. If there are multiple structures, such as a shed, hot tub, and playset, ensure these structures are spaced at least 10 feet apart. Have at most three (3) of these structures within 30 feet of a building or structure . j. Relocate exposed firewood piles outside of Zone 1 unless they are completely covered in a fire-resistant material.

Ordinance No. 7,959-N.S. Page 21 of 32

4. Zone 2: 30 to 100 feet from any structure:
a. All exposed wood piles must have a minimum of ten feet (10 ft.) of clearance, down to bare mineral soil, in all directions.
b. Create horizontal and vertical spacing among shrubs and trees using the “Fuel Separation” method, the “Continuous Tree Canopy” method or a combination of both to achieve defensible space clearance requirements. Further guidance regarding these methods is contained in the State Board of Forestry and Fire Protection's, “General Guidelines for Creating Defensible Space, February 8, 2006,” incorporated herein by reference.

5. For both Zones 1 and 2:
a. Remove vegetative and combustible material capable of transmitting fire to a structure as determined by the Fire Code Official.
b. Dead and dying woody surface fuels and aerial fuels shall be removed. Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches, shall be permitted to a maximum depth of three inches (3 in.).
c. Cut annual grasses and forbs down to a maximum height of four inches (4 in.). d. Non-irrigated brush is not permitted.
e. Vertical Spacing: Limb trees by removing hanging bark, debris and branches that are within six feet (6 ft.) of the ground, or three times the height of the understory vegetation, whichever is greater. Where a tree is not adaptable to limbing to the height described above, use a combination of limbing and/or modify and remove fuels adjacent to and underneath the tree to provide clearance above grade that is equivalent to three times the height of the tallest understory fuel.
f. Maintain horizontal spacing between shrubs:
i. Flat or mild slope (less than 20%): Two times the height of the shrub. ii. Mild to moderate slope (20-40%): Four times the height of the shrub iii. Moderate to steep slope (greater than 40%): Six times the height of the shrub
g. Maintain space between tree canopies:
i. Flat or mild slope (less than 20%): 10 feet.
ii. Mild to moderate slope (20-40%): 20 feet.
iii. Moderate to steep slope (greater than 40%): 30 feet. h. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any structure or the canopy of other trees.

Section 4907.6 Specific requirements. Effective January 1, 2026 the Grizzly Peak Mitigation Area and Panoramic Mitigation Area shall be subject to 4907.6 instead of 4907.4.

Ordinance No. 7,959-N.S. Page 22 of 32
A person who owns, leases, controls, operates, or maintains lands shall at all times maintain:

1. Zone 0: 0 to 5 feet from any structure:
a. Maintain all areas within five (5) horizonal feet of any structure, outbuildings, attached deck or stairs, and the area under attached decks and stairs free of vegetative and non-vegetative combustible material.
i. This includes but is not limited to shrubs, vegetative ground cover, climbing vines, combustible boards, timbers, firewood, debris, synthetic lawn, wood mulch products, playsets, plastic trash and recycle cans, trellises, pergolas, shade coverings, planters, attached window boxes, privacy walls, boats, RVs, and other material that could be ignited by embers, radiant heat, or direct flame. ii. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.
iii. Exception: Plants in pots are allowable if they are in areas that are not directly beneath, above, or adjacent to a window or eave; are kept in an unaffixed, non-combustible pot or container that is no larger than 5-gallon capacity; and set apart by 1.5 times the height of the plant or 12 inches, whichever is greater, from the structure and each other. These plants shall be no greater than 18 inches in height.

Dead or dying material on, around and under the plants shall be removed.
iv. Exception: Hot tubs may be installed within five (5) horizontal feet of a structure, provided they comply with all Zone 0 clearance requirements applicable to structures.
b. No trees are permitted in Zone 0.
i. Exception: If the bole of a tree is present within Zone 0, that tree is permitted if it is taller than the adjacent Building or Structure’s roof ridgeline, does not have any dead and dying branches;
ii. All live tree branches shall be kept:

1. Ten feet (10’) above the adjacent building or structure’s roof ridgeline;

2. Ten feet (10’) away from chimneys and stovepipe outlets; and

3. Five feet (5’) away from the sides of any Building, Structure, attached deck or stairs, and hot tubs within five (5) feet of a structure.
c. The roof and rain gutters of a Building or Structure shall be kept clear of leaves, needles, and vegetative material.

Ordinance No. 7,959-N.S. Page 23 of 32
d. Existing fences that are directly attached to a Building or Structure shall have a five foot (5 ft) non-combustible span at the point of attachment. After the effective date of this regulation, no new sections of combustible fence (parallel or perpendicular) are permitted within 5 feet of a building or structure including an attached deck.
e. Outbuildings are not permitted in Zone 0, unless constructed according to the standards in Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations. Outbuildings that meet these standards shall be considered part of the Building or Structure.

2. Zone 1: 5 to 30 Feet from any structure:
a. Remove any privacy hedges or contiguous vegetation that will create a pathway for fire to reach a Structure.
b. Keep low-growing shrubs, no higher than 6 feet in height, spaced apart or in small groupings of no more than 3 shrubs with a maximum aggregate diameter of 10 feet. Shrub groupings must be separated from other shrubs or shrub groupings by 15 feet such that no continuous path of vegetation is created. Where shrubs are located below or within a tree's drip line, the lowest tree branch shall be a minimum of three times the height of the understory shrubs or 10 feet, whichever is greater.
c. If there are multiple structures, such as a shed, hot tub, and playset, ensure these structures are spaced at least 10 feet apart. Have at most three (3) of these structures within 30 feet of a building or structure. d. Relocate exposed firewood piles outside of Zone 1 unless they are completely covered in a fire-resistant material.

3. Zone 2: 30 to 100 feet from any structure:
a. All exposed wood piles must have a minimum of ten feet (10 ft.) of clearance, down to bare mineral soil, in all directions. b. Create horizontal and vertical spacing among shrubs and trees using the “Fuel Separation” method, the “Continuous Tree Canopy” method or a combination of both to achieve defensible space clearance requirements.

Further guidance regarding these methods is contained in the State Board of Forestry and Fire Protection's, “General Guidelines for Creating Defensible Space, February 8, 2006,” incorporated herein by reference.

4. For both Zones 1 and 2:
a. Remove vegetative and combustible material capable of transmitting fire to a structure as determined by the Fire Code Official.
b. Dead and dying woody surface fuels and aerial fuels shall be removed.

Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches, shall be permitted to a maximum depth of three inches (3 in.).
c. Cut annual grasses and forbs down to a maximum height of four inches (4 in.).

Ordinance No. 7,959-N.S. Page 24 of 32
d. Non-irrigated brush is not permitted.
e. Vertical Spacing: Limb trees by removing hanging bark, debris and branches that are within six feet (6 ft.) of the ground, or three times the height of the understory vegetation, whichever is greater. Where a tree is not adaptable to limbing to the height described above, use a combination of limbing and/or modify and remove fuels adjacent to and underneath the tree to provide clearance above grade that is equivalent to three times the height of the tallest understory fuel.
f. Maintain horizontal spacing between shrubs:
i. Flat or mild slope (less than 20%): Two times the height of the shrub. ii. Mild to moderate slope (20-40%): Four times the height of the shrub iii. Moderate to steep slope (greater than 40%): Six times the height of the shrub
g. Maintain space between tree canopies:
i. Flat or mild slope (less than 20%): 10 feet.
ii. Mild to moderate slope (20-40%): 20 feet.
iii. Moderate to steep slope (greater than 40%): 30 feet. h. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any structure or the canopy of other trees.

Section 4907.5 Corrective Actions. The fire department is authorized to take enforcement actions as necessary to achieve compliance with Chapter 49 of this code, including but not limited those actions specified in Sections 104.13 (“Authority to arrest and issue citations”), 112.4 (“Violation penalties”) and 114.7 (“Summary abatement”) of this code, and as authorized by Berkeley Municipal Code, Chapter 1.24, “Abatement of Nuisances”, and in accordance with all other applicable portions of the Berkeley Municipal Code. Corrective actions may also include the use of abatement warrants and the imposition of property liens as appropriate and in accordance with law.

Section 4912 SUPPRESSION AND CONTROL OF HAZARDS IN WILDLAND-URBAN INTERFACE AREAS]
Section 4912.1 Permit. The fire code official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the fire code official.

Section 4912.2 Restricted Entry. The fire code official shall determine and publicly announce when Wildland-Urban Interface areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Wildland-Urban Interface areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the Wildland-Urban Interface areas are closed to entry, is prohibited.

Exceptions:

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1. Residents and owners of private property within Wildland-Urban Interface areas and their invitees and guests going to or being upon their lands;

2. Entry, in the course of duty, by peace officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service
Section 4912.3 Trespassing on Posted Property
Section 4912.3.1 General. When the fire code official determines that a specific area within a Wildland-Urban Interface Areas presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.

Section 4912.3.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this section shall be placed on every closed area.

Section 4912.3.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.

Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.

Section 4912.4 Smoking. Lighting, igniting or otherwise setting fire to or smoking tobacco, cigarettes, pipes or cigars in Wildland-Urban Interface areas are prohibited.

Exception: Places of habitation or within the boundaries of established smoking areas or campsites as designated by the fire code official.

Section 4912.5 Spark Arresters. Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings, structures or premises located within Wildland-Urban Interface areas shall be provided with a spark arrester. See Berkeley Building Code Section 705A.5 for specifications.

Section 4912.6 Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across Wildland-Urban Interface areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause fire shall not be fired or projected into or across Wildland-Urban Interface Areas.

Section 4912.7 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within Wildland-Urban Interface areas except by permit from the fire code official.

Section 4912.8 Fireworks. Fireworks shall not be used or possessed in Wildland-Urban Interface areas. The fire code official is authorized to seize, take, remove or cause to be removed fireworks in violation of this section.

Exception: Fireworks allowed by the fire code official under permit when not prohibited by applicable local or state laws, ordinances and regulations.

Ordinance No. 7,959-N.S. Page 26 of 32
Section 4912.9 Apiaries. Lighted and smoldering material shall not be used in connection with smoking bees in or upon Wildland-Urban Interface areas except by permit from the fire code official.

Section 4912.10 Open-Flame Devices. See Berkeley Fire Code Sections 308.1.6 Open Flame Devices and 308.1.6.1 Signals and Markers.

Section 4912.11 Outdoor Fires. Outdoor fires shall not be built, ignited or maintained in or upon Wildland-Urban Interface areas, except by permit from the fire code official.

Exception: Outdoor fires within habited premises or designated campsites, where such fires are built in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9144 mm) from a grass-, grain-, brush or forest- covered area.

Permits shall incorporate such terms and conditions, which will reasonably safeguard public safety and property.

Outdoor fires shall be prohibited in or upon Wildland-Urban Interface areas under the following conditions:

1. When red flag conditions exist as defined by the National Oceanic and Atmospheric Administration,

2. When a person age 17 or over is not present at all times to watch and tend such fire, or

3. When public announcement is made that open burning is prohibited.

Permanent barbecues, portable barbecues, outdoor fireplaces, fire pits or grills shall not be used if solid or liquid fueled.

Section 4912.12 Incinerators and Fireplaces. Incinerators, outdoor fireplaces, fire pits, permanent barbecues and grills shall not be built, installed or maintained in Wildland- Urban Interface areas without prior approval of the fire code official. Existing incinerators, outdoor fireplaces, fire pits, permanent barbecues and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen or door.

Exception: When approved, unprotected openings in barbecues and grills necessary for proper functioning shall be allowed.

Section 4912.13 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, rubbish or combustible waste material shall not be placed, deposited or dumped in or upon Wildland-Urban Interface areas or in, upon or along trails, roadways or highways in Wildland-Urban Interface areas.

Exception: Approved public and private dumping areas.

Section 4912.14 Disposal of Ashes. Ashes and coals shall not be placed, deposited or dumped in or upon Wildland-Urban Interface areas.

Exceptions:

1. In the hearth of an established fire pit, camp stove or fireplace;

Ordinance No. 7,959-N.S. Page 27 of 32

2. In a noncombustible container with a tight-fitting lid, which is kept or maintained in a safe location not less than 10 feet (3048mm) from combustible vegetation or structures;

3. Where such ashes or coals are buried and covered with 1 foot (304.8mm) of mineral earth not less than 25 feet (7620 mm) from combustible vegetation or structures.

Section 4912.15 Use of Fire Roads and Firebreaks. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owner(s). Vehicles shall not be parked in a manner, which obstructs the entrance to a fire road or firebreak.

Exception: Public officers acting within their scope of duty. Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or fire breaks unless located 16 feet (4877 mm) or more above such fire road or firebreak.

Section 4912.16 Use of Motorcycles, Motor Scooters and Motor Vehicles.

Motorcycles, motor scooters and motor vehicles shall not be operated within Wildland- Urban Interface areas, without a permit by the fire code official, except upon clearly established public or private roads. Permission from the property owner(s) shall be presented when requesting a permit.

Section 4912.17 Tampering with Fire Department Locks, Barricades and Signs.

Locks, barricades, seals, cables, signs and markers installed within Wildland-Urban Interface areas, by or under the control of the fire code official, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or under the control of the fire code official shall not be unlocked.

Section 4912.18 Liability for Damage. The expenses of fighting fires and securing emergencies, which result from a violation of this code, Chapter 6.15.030 of the Berkeley Municipal Code (“Unauthorized barbecues and fire on public property”), Sections 13000- 13011 of the California Health and Safety Code, Sections 4421-4446 of the California Public Resources Code, or Sections 451, 451.5, 452 or 455 of the California Penal Code is a charge against the person(s) whose violation of the code section(s) caused the fire.

Damages caused by such fires shall constitute a debt of such person(s) and shall be collectable by the fire code official in accordance with Section 107.7 of the BMC.

Chapter 50 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 50 – HAZARDOUS MATERIALS – GENERAL PROVISIONS
SECTION 5001 GENERAL

Ordinance No. 7,959-N.S. Page 28 of 32
Section 5001.7 Hazardous materials transportation restrictions. No vehicle containing hazardous materials, including a hazardous materials transportation tank truck, trailer, semi-trailer or tank wagon containing flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids, shall be operated on any city street without a permit from the fire code official. A map showing the proposed route of the vehicle shall accompany applications for such permits.

If a permit is granted, the map shall be carried at all times in the vehicle and the vehicle shall not deviate from the approved route as shown on the map. Such a permit may contain conditions, including restrictions on the hours within which certain routes may be used and limitations on the size of the vehicle allowed to travel the approved route. No route shall be approved that includes passage over or adjacent to subway entry or vent structures, through the Northbrae Tunnel, in any area designated an environmental safety residential district by the City of Berkeley's Zoning Ordinance, or in an area which may be designated as a hazardous fire area. Departure from the approved route, travel outside the permitted hours, and violation of any vehicle size limitation imposed, or failure to carry a map showing route approval shall constitute a violation of this Code. The transportation of extremely hazardous materials may, in the discretion of the fire code official, require both a permit and accompaniment by a Fire Department or Police Department convoy.

The following streets contain purge chamber openings which lead directly into the subway section of the Bay Area Rapid Transit (BART) System in Berkeley and their use by tank vehicles or trailers for transportation or delivery of flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids is prohibited and a violation of this Code:
a. On Addison Street between Martin Luther King Jr. Way and Oxford Street; b. On Shattuck Avenue between University Avenue and Dwight Way; c. On Virginia Street between Franklin and Sacramento Streets; d. On Sacramento Street between Virginia Street and Hearst Avenue; e. On Hearst Avenue between McGee Avenue and Milvia Street; f. On Adeline Street between Ward and Stuart Streets; and g. On Adeline Street between Ashby Avenue and Woolsey Street CHAPTER 56 – EXPLOSIVES AND FIREWORKS
SECTION 5601 GENERAL
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, including fireworks which are classified as Safe and Sane fireworks by the California State Fire Marshal’s Office, are prohibited within the City of Berkeley.

Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

Ordinance No. 7,959-N.S. Page 29 of 32

31. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11 when stored, transported, handled and used under the required fire department permit(s) and in accordance will all applicable requirements of Chapter 56.

42. The possession, storage, sale, handling and use of specific types of Division

1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100– 185, as applicable for consumer fireworks and Health and Safety Code Division 11.

Section 5604.1 General. The storage and handling of explosives within City of Berkeley limits is prohibited. Storage of explosives and explosive materials, small arms ammunition, small arms primers, propellant- actuated cartridges and smokeless propellants in magazines shall comply with the provisions of this section Exception: Where expressly permitted by applicable laws, ordinances or regulations provided such storage and handling of explosives and explosive materials, small arms ammunition, small arms primers, propellant-actuated cartridges and smokeless propellants in magazines is conducted in accordance with Section 5604 and all applicable provisions of Chapter 56.

CHAPTER 57 – FLAMMABLE AND COMBUSTABLE LIQUIDS
SECTION 5701 GENERAL
Section 5701.4.1 Transfer of flammable and combustible liquids. Transfer to or from containers or mobile tanks, above ground or underground tanks of flammable and combustible liquids shall not be made from or on the street or public way except by written approval by the fire code official.

Exceptions:

1. Transfer of not more than 5 gallons flammable or combustible liquids using a listed or approved portable fuel container of not more than 5 gallons capacity.

2. The transfer of combustible liquids to or from approved, fixed mechanical or electrical system equipment such as a Standby or Emergency electric power generator when the transfer is completed by a commercial fuel vendor using approved dispensing equipment via a previously approved, fixed tank filling port which met code requirements at the time of installation.

SECTION 5704 STORAGE
Section 5704.2.11.1.1 Restrictions on underground storage tanks. The storage of flammable and combustible liquids in underground tanks is prohibited in all areas zoned solely for residential occupancies, closely built commercial properties, and any other area deemed unsafe by the fire code official.

Ordinance No. 7,959-N.S. Page 30 of 32
Section 5704.2.13.1.4 Tanks abandoned in place. Tanks may be abandoned only under permit and following City of Berkeley Fire Department procedures. The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Management Division (TMD) that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Management Division (TMD). A notice shall be placed in the deed to the property. This notice shall describe the precise location of the closed underground storage tank, the hazardous substances that it contained, and the closure method. Tanks abandoned in place shall be as follows:

1. Flammable and combustible liquids shall be removed from the tank and connected piping.

2. The suction, inlet, gauge, vapor return and vapor lines shall be disconnected.

3. The tank shall be filled completely with an approved inert solid material.

4. Remaining underground piping shall be capped or plugged.

5. A record of tank size, location and date of abandonment shall be retained.

6. All exterior above-grade fill piping shall be permanently removed when tanks are abandoned or removed.

Section 5704.2.14 Removal and disposal of tanks. Removal and disposal of tanks shall comply with Sections 5704.2.14.1 and 5704.2.14.2. Removal of all tanks shall be authorized under a fire permit, abiding by City of Berkeley Fire Department procedures.

The applicant shall submit the following:

1. A site plan showing the location of the tanks.

2. A detailed description of the scope of work.

3. A site safety plan.

4. A vicinity map to the closest hospital, in an event of an emergency.

5. Proof of workers compensation insurance.

The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Division that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Division or the California Water Board.

CHAPTER 61 – LIQUIFIED PETROLEUM GASES
SECTION 6104 LOCATION OF LP-GAS CONTAINERS
Section 6104.1.1 Restrictions on storage of LP-gas containers. It shall be unlawful to store any liquefied petroleum gas cylinder with a capacity greater than 2-1/2 lbs. water capacity or a portable tank within any structure or building with an occupancy classification of A, R-1, R-2 or R-4, unless specifically authorized by this Code.

APPENDIX B – FIRE FLOW REQUIREMENTS FOR BUILDINGS

Ordinance No. 7,959-N.S. Page 31 of 32
Section B105.2 (Appendix B), Table B105.2, “Required Fire-Flow for Buildings Other Than One- And Two-Family Dwellings, Group R-3 And R-4 Buildings And Townhouses” [Amended Table]
TABLE B105.2
REQUIRED FIRE·FLOW FOR BUILDINGS
OTHER THAN ONE· AND
TWO-FAMILY DWELLINGS, GROUP R·3 AND R·4

BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
2550% of the value in
Table B105.1(2)a
Duration in Table Bl 05.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
California Fire Code
2550% of the value in
Table B105.1(2)b
Duration in Table Bl05.1(2) at the
reduced flow rate
For SI: 1 gallon per minute= 3.785 Lim.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

APPENDIX L – REQUIREMENTS FOR FIRE FIGHTER AIR REPLENISHMENT

SYSTEMS
SECTION L104 DESIGN AND INSTALLATION
Section L104.5.1 Stored pressure air supply. A stored pressure air supply shall be designed based on Appendix Chapter F of the California Plumbing Code Chapter 24 of NFPA 1901 except that the provisions applicable only to mobile apparatus or not applicable to system design shall not apply. A stored pressure air supply shall store not less than 5,000 Standard Cubic Feet (SCF) of air or be capable of refilling not less than 50 empty breathing air cylinders of a size and pressure used by the fire department, whichever is greater.

Section 19.48.030 Validity. Should any section, paragraph, sentence or word of this Chapter or of the Code or Standards be declared invalid, all other portions of this Chapter shall remain in effect.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Ordinance No. 7,959-N.S. Page 32 of 32
At a special meeting of the Council of the City of Berkeley held on April 15, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

ADOPTION OF LOCAL AMENDMENTS TO THE BERKELEY FIRE

CODE - BASED ON THE CALIFORNIA INTERVENING CODE
ADOPTION CYCLE FOR THE 2022 CALIFORNIA FIRE CODE
The public may participate in this hearing by remote video or in-person.

Notice is hereby given that on May 6, 2025 at 6:00 P.M. the City Council will conduct a public hearing to consider the adoption of amendments to Section 19.48.020 (“Amendments to the California Fire Code”) as proposed by the Berkeley Fire Department.

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

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of April 24, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.

For further information, please contact Colin Arnold, Assistant Fire Chief, Berkeley Fire Department at (510) 981-3473.

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

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

If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.

Published: April 18 and April 25, 2025 – The Berkeley Voice ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 24, 2025.
__________________________________
Mark Numainville, City Clerk

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

PUBLIC HEARING
May 6, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning & Development Department Subject: ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014

RECOMMENDATION
Conduct a public hearing, and upon conclusion adopt a Resolution denying the appeal and affirming the Zoning Adjustment Board (ZAB) decision approving a Use Permit to demolish a 2,760 square-foot single-family dwelling, and construct a two-story (25 feet tall), 3,600 square-foot single-family dwelling. The project includes a reduction of the rear building setback from 20 feet to 15 feet, two unenclosed off-street parking spaces within the front setback, the construction of a trellis within the front setback, and the installation of a fence and retaining wall along the lot line.

SUMMARY
On January 9, 2025, the ZAB approved Use Permit #ZP2024-0014 to demolish an existing 2,760-square-foot single-family dwelling and construct a new two-story, 25-foot- tall, 3,600-square-foot single-family residence. The approval was based on findings that the project would not be detrimental to the general welfare of the City, aligns with the purposes of the zoning district, and is compatible with surrounding uses and structures.

On January 25, 2025, the ZAB’s decision was appealed by neighboring residents, who raised concerns that the approved project would encroach on their property and subsequently impact multiple neighboring properties due to shifting lot lines.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
On January 11, 2024, the applicant submitted a Use Permit application for the proposed project.

On September 12, 2024, after the project was deemed complete and reviewed for compliance and consistency with the Municipal Code, the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, and to

ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014 PUBLIC HEARING May 6, 2025

interested neighborhood organizations. The City also posted notices at three nearby locations within the neighborhood.

On September 26, 2024, the Zoning Adjustment Board (ZAB) held a public hearing and received public comments. Neighbors raised concerns about the proposed project's impact on property boundaries and questioned the accuracy of the site survey. As a result, the ZAB continued the project to the October 10, 2024 hearing to allow the applicant additional time to update the site survey.

On October 10, 2024, the ZAB continued the project to a date uncertain, to allow the applicant additional time to submit a revised survey for staff review.

On October 15, 2024, the applicant submitted a revised survey prepared by Moran Engineering, dated October 10, 2024, that confirmed the accuracy of property boundaries to within an inch, based on three site survey monuments. Staff from the City’s Public Works Department and Building and Safety Division reviewed the revised survey and confirmed that it meets surveying standards.

On December 19, 2024, the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, and to interested neighborhood organizations. The City also posted notices at three nearby locations within the neighborhood.

On January 9, 2025, the ZAB held a public hearing for the Use Permit and received additional public comments. See Attachment 3 for the staff report submitted for ZAB consideration. Neighbors expressed both support and opposition to the project.

Supporters noted the conscientious design and the accuracy of the updated surveys, while opponents raised concerns regarding potential impacts on property privacy, views, and boundaries. The ZAB voted to approve the project with a 6-1-2-0 vote (Moved Allen, Second Kashani. Ayes: Kashani, Duffy, Gaffney, Allen, Kahn, Yung; Noes: Sanderson; Abstain: Thompson, Jersey; Absent: None.).

On January 25, 2025, the ZAB’s decision was appealed by neighboring residents, who raised concerns that the approved project would encroach on their property at 1050 Keith Avenue, and subsequently impact multiple neighboring properties due to shifting lot lines.

BACKGROUND
The project site is located in the northern Berkeley Hills within the R-1H Single-Family Residential – Hillside Overlay District. The neighborhood consists primarily of one- to three-story single-family homes on generally rectangular lots, with some irregularities due to the area's natural slopes and curved roadways. The terrain slopes downward from the northeast to the southwest, offering west-facing views of the San Francisco Bay.

ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014 PUBLIC HEARING May 6, 2025

The 7,800-square-foot lot is rectangular, situated on the south side of Keith Avenue, and oriented northwest to southeast. It features a 20-foot downward slope from the street to a level section in the middle and rear portions. The property has 50 feet of frontage along Keith Avenue and a depth of approximately 128 feet. It is currently developed with a one-story, 2,760-square-foot single-family residence. Existing vegetation on the site includes various trees, such as Plum, Red Fir, Loquat, and Yucca, as well as dense shrubbery.

The proposed project would demolish the existing residence and construct a two-story (25 feet tall), 3,600 square-foot single-family dwelling. The project includes a reduction of the rear building setback from 20 feet to 15 feet (permissible with an administrative use permit (AUP) in the Hillside Overlay Zone), whereas the existing residence is set back approximately 17 feet from the rear lot line. Additionally, the proposal includes unenclosed off-street parking within the front setback, the construction of a trellis within the front setback, and the installation of a fence more than 6 feet in height and retaining wall along the lot line.

RATIONALE FOR RECOMMENDATION
The issues raised in the appellant’s letter (Attachment 2) and staff’s responses follow.

For the sake of brevity, the appeal issues are not re-stated in their entirety.

Issue 1: Property Encroachment and Survey Accuracy
The appellant claims that the proposed project encroaches approximately 20 feet into their property at 1050 Keith Avenue, reducing property width and impacting neighboring properties. The appellant further claims that the survey conducted by Moran Engineering is inaccurate.

Response: The applicant was required to provide a boundary and topographic survey prepared and stamped by a licensed surveyor. The initial survey submitted acknowledged that historic land movement in the area could create some uncertainty in establishing exact property boundaries. In response to concerns, the applicant worked with their surveyor on an updated survey with a more precise basis of bearings. The updated survey submitted on October 15, 2024, confirmed the property boundaries within an inch of the property line, though variations could occur when referencing more distant markers. The updated survey was reviewed and verified for accuracy by staff from the Public Works Department and the Building and Safety Division.

The proposed project does not alter or modify existing lot lines, and staff finds no evidence to support the appellant’s claim of encroachment.

Issue 2: Impact on Neighboring Properties
The appellant states that the project creates a lot line adjustment, which would shift property lines across multiple adjacent properties and create legal and logistical complications.

ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014 PUBLIC HEARING May 6, 2025

Response: The proposed project does not include a lot line adjustment. The updated boundary survey, reviewed and confirmed by staff from the Public Works Department and the Building and Safety Division, verifies that property boundaries remain unchanged. The proposed single-family dwelling complies with the established setbacks of the R-1H Zoning District, except for the allowable encroachment into the rear setback, and does not alter or shift any property lines.

Issue 3: Survey Accuracy & Need for Comprehensive Review The appellants assert that a broader survey of surrounding properties is necessary to ensure equitable lot line adjustments.

Response: Development applications are evaluated based on site-specific conditions to determine feasibility and compliance. The scope of review does not extend to assessing adjacent properties, as each development is considered independently. This project has been reviewed for its compatibility with neighboring properties and its overall impact on the community.

Issue 4: Lack of Consideration for Neighbor Concerns
The appellants expressed concern that the ZAB approved the project despite opposition from affected neighbors. By not promoting property boundary adjustments, the appellants argue that this decision forces private property owners to resolve disputes individually, creating inconsistent outcomes.

Response: The ZAB held two public hearings and determined the project to be consistent with the public health, safety, peace, morals, comfort, and general welfare of the surrounding neighborhood. The project has been evaluated for its compatibility with adjacent properties and its potential impacts on the community. The project was found to balance reasonable development with maintaining the character of area. Further, the ZABs decision was within its appropriate responsibilities and quasi-judicial powers. Lot line adjustments and parcel map adjustments would be outside the responsibilities and powers of the ZAB.

Issue 5: Infrastructure and Utility Concerns
The appellants claim that the proposed project relocates the structure over existing sewer and storm drainage systems for 1050 Keith Avenue, without providing a relocation plan in the project documents.

Response: Staff reviewed the boundary survey and the Alameda County Assessor Parcel Map for any recorded sewer or storm drain easements, and found no such easements affecting the property and no infrastructure conflicts related to sewer or storm drainage systems. Additionally, there is a standard Condition of Approval which requires that if underground utilities leading to adjacent properties are uncovered or damaged during construction, the contractor must immediately notify the Public Works Department and the Building & Safety Division and take corrective action as needed.

ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014 PUBLIC HEARING May 6, 2025

Issue 6: Disputed Property Boundaries and Request
The appellants allege that the applicant demolished a shared fence on March 6, 2024 and subsequently demolished structures on disputed property including an animal sanctuary, pet burial sites and mature trees. The appellants also raise concerns over ongoing property boundary disputes and request the City of Berkeley to adjust property boundaries based on deeded square footage.

Response: The City of Berkeley does not have jurisdiction over property line disputes, as these are private civil matters between property owners. Adjustment of lot lines falls outside the scope of this project proposal.

ALTERNATIVE ACTIONS CONSIDERED
Pursuant to BMC Section 23.410.040(G), the Council may (1) continue the public hearing, (2) reverse, affirm, or modify the ZAB’s decision, or (3) remand the matter to the ZAB.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed project aligns with Berkeley’s sustainability goals by incorporating energy-efficient design, water conservation measures, and compliance with Berkeley’s Green Building Code. Additionally, the site is located in an established residential area and leverages existing infrastructure, thereby limiting new utility infrastructure. These measures ensure the project supports the City’s climate action objectives while minimizing environmental impacts.

The proposed project is categorically exempt from the provisions pursuant to CEQA Guidelines Section 15303 (“New Construction or Conversions of Small Structures”) and would not result in significant environmental effects.

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Anne Hersch, Land Use Planning Manager, (510) 981-7411
Robert Rivera, Senior Planner, (510) 981-7480
Attachments:
1: Draft Resolution
Exhibit A: Findings and Conditions, January 9, 2025
Exhibit B: Project Plans, dated December 9, 2025
2: ZAB Decision Appeal Letter, received January 25, 2025 3: ZAB Packet (Staff Report and attachments), dated January 9, 2025 4: Public Hearing Notice
5: Index to Administrative Record
6: Administrative Record

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

DENY THE APPEAL AND AFFIRM THE ZONING ADJUSTMENT BOARD DECISION TO APPROVE USE PERMIT #ZP2024-0014 TO DEMOLISH A 2,760 SQUARE-FOOT SINGLE-FAMILY DWELLING, AND CONSTRUCT A TWO-STORY (25 FEET TALL), 3,600 SQUARE-FOOT SINGLE-FAMILY DWELLING. THE PROJECT INCLUDE

PARKING PAD WITHIN THE FRONT SETBACK, A REDUCTION IN THE REAR SETBACK FROM 20 FEET TO 15 FEET, CONSTRUCTION OF AN UNENCLOSED

STRUCTURE WITHIN THE FRONT SETBACK, AND CONSTRUCTION OF A FENCE

AND RETAINING WALL MORE THAN SIX FEET IN HEIGHT ON A LOT LINE WHEREAS, on January 11, 2024 Lindsay Newman (“applicant”) submitted a Use Permit Application (ZP2024-0014) to demolish a 2,760 square-foot single-family dwelling, and construct a two-story (25 feet tall), 3,600 square-foot single-family dwelling, parking pad within the front setback, reduced rear setbacks, construction of an unenclosed structure within the front setback, and construction of a fence and retaining wall more than six feet in height on a lot line; and
WHEREAS, on September 12, 2024 the City mailed public hearing notices to all adjacent property owners and occupants within 300 feet of the subject property, and to interested neighborhood organizations. Staff also posted the Notice of Public Hearing at three locations within the immediate vicinity of the subject site; and WHEREAS, on September 26, 2024, the ZAB conducted a public hearing for the Use Permit application (ZP2024-0014). After considering the staff report, the administrative record, and hearing comments from staff, the applicant, and the members of the public, the ZAB continued the project to a later date; and
WHEREAS, on October 10, 2024, the ZAB conducted a public hearing for the Use Permit application (ZP2024-0014). After considering the staff report, the administrative record, and hearing comments from staff, the applicant, and the members of the public, the ZAB continued the project to a later date; and
WHEREAS, on December 18, 2024, the City mailed public hearing notices to all adjacent property owners and occupants within 300 feet of the subject property, and to interested neighborhood organizations. Staff also posted the Notice of Public Hearing at three locations within the immediate vicinity of the subject site; and WHEREAS, on January 09, 2025, the ZAB conducted a public hearing for the Use Permit application (ZP2024-0014). After considering the staff report, the administrative record, and hearing comments from staff, the applicant, and the members of the public, the ZAB approved the project by a vote of 6-1-2-0; and
WHEREAS, on January 27, 2025, neighbors of the proposed project (“appellants”) submitted an appeal of the ZAB decision to the City Clerk; and

WHEREAS, on or before April 22, 2025 staff posted the public hearing notice at the site and three nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area.

The Council must conduct a public hearing to resolve the appeal; and WHEREAS, on May 6, 2025, the Council held a public hearing to consider the ZAB’s decision, and in the opinion of this Council, the facts stated in, or ascertainable from the public record, including the staff report and comments made at the public hearing, warrant approving the project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley hereby affirms the decision made by ZAB to approve a Use Permit #ZP2024-0014; adopts the Findings and Conditions of Approval in Exhibit A; and adopts the project plans in Exhibit B.

Exhibits
A: Findings and Conditions
B: Project Plans, dates December 9, 2025

A t t a c h m e n t 1 , E x h i b i t A
F i n d i n g s a n d C o n d i t i o n s
JANUARY 9, 2025
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
1048 Keith Avenue
Use Permit #ZP2024-0014 to demolish a 2,760-square-foot single-family dwelling, and construct a two-story (25 feet tall), 3,600-square-foot single- family dwelling within the rear setback and parking pad in the front setback.

ZONING PERMITS REQUIRED
 Use Permit, pursuant Berkeley Municipal Code (BMC) Section 23.326.030(B)(1) to demolish a dwelling unit
 Use Permit, pursuant to BMC Section 23.202.020(A) to construct a single-family dwelling unit
 Administrative Use Permit, pursuant to BMC Section 23.210.020(C)(4), to reduce the building setbacks in the Hillside Overlay Zone
 Administrative Use Permit, pursuant to BMC Section 23.322.080(E)(2)(b), to allow unenclosed off-street parking within the front setback
 Administrative Use Permit, pursuant to BMC Section 23.304.070(C)(1) to construct an unenclosed structure (trellis) within the front setback  Administrative Use Permit, pursuant to BMC Section 23.304.080(A), to construct a fence more than 6 ft in height on lot line
I. CEQA FINDINGS
A. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15303 of the CEQA Guidelines (“New Construction or Conversion of Small Structures”).

II. FINDINGS FOR APPROVAL
A. As required by Section 23.406.040(E) of the BMC, the project, under the circumstances of this particular case existing at the time at which the application is granted, will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City for the reasons outlined below:

1048 KEITH AVENUE - USE PERMIT #ZP2024-0014 FINDINGS & CONDITIONS January 9, 2025 Page 2 of 16
\\cobnas11\g$\Departmental-Data\Planning\LANDUSE\Projects by Address\Keith\1048\ZP2024-0014\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

1. Shadows: Shadow studies submitted by the applicant documented sun angles at different times throughout the day, and during the summer and winter solstice.

Although the project will create new shadows on neighboring residences, the projected impacts will only occur during certain times of the day at certain times of the year. Thus, the shadow impacts from the project on adjacent residences will be reasonable and not detrimental;

2. Air: The construction of the new residence will be consistent with the existing development and building-to-building separation pattern – or air – in this R-1H zoned neighborhood. The new residence’s rear building wall that encroaches into the required 20-foot rear setback is sited on the flatter portion of the lot to suit the site conditions while maintaining appropriate separation and air with neighboring residences;

3. Privacy: A rear primary bedroom with new window, door openings and a deck are proposed on the second story. The second-story rear deck and openings will not result in privacy concerns with any neighboring residences. In addition, to mitigate any potential privacy concerns, the project will incorporate fencing along the eastern, western, and southern lot lines and screening trees along the southeastern portion of the property, ensuring adequate visual separation from neighboring properties.

Thus, the proposed project will not be detrimental regarding privacy;

4. Views: The proposed two-story residence will replace the existing one-story residence. The overall height will increase by eight feet. Although, the proposed residence will contribute to an already diminished view of the San Francisco Bay it will not completely obstruct it. Therefore, the proposed dwelling will not result in a significant impact to views in the area;

5. The project will be subject to the City’s standard conditions of approval regarding construction noise and air quality, waste diversion, toxics, and stormwater requirements, which will ensure that the project will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City.

B. Pursuant to BMC Section 23.304.070 (B), unenclosed accessory structures require an AUP if placed on the ground within a required setback.

1. The project proposes installing a new 8-foot-tall unenclosed entry trellis strategically located on the southern end of the proposed parking pad within the required 20-foot front setback.

2. The trellis will be used as a provide access to the entry deck to the front of the proposed residence south of Keith Avenue and will be used as a privacy screen and will provide access to the entry deck to access the residence from the northern side of the property.

3. Its open design, scale, and use of wood materials align with nearby residences, ensuring compatibility with the neighborhood character, as well as minimizes potential impacts within its location of the required front setback.

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C. Pursuant to BMC Section 23.304.080(A), an AUP is required for fences more than 6 ft in height and on lot line or within required lot line setbacks for main building.

1. The project proposes a 12-foot fence along the eastern lot line, consisting of a 6- foot wood fence atop two 3-foot staggered concrete retaining walls – measuring 6 feet, that will be used for privacy screening for the main residence and the adjacent property at 1050 Keith Avenue.

The wood fence and concrete retaining walls will not contain barbed or razor wire, sharp or jagged glass, sharp or jagged metal components, or similar hazardous materials, adhering to the construction material restrictions in BMC Section

23.304.080(C).

III. OTHER FINDINGS FOR APPROVAL
D. Pursuant to BMC Section 23.326.030(B), the Zoning Adjustments Board (ZAB) may approve a Use Permit to eliminate or demolish a dwelling unit only upon finding that eliminating the dwelling unit will not be materially detrimental to the housing needs and public interest of the affected neighborhood and Berkeley.

1. The proposed project will replace an existing dwelling unit with a newly constructed dwelling unit.

2. The Rent Stabilization Board had reviewed that the existing residence has confirmed that the residence has not been removed from the rental market under the Ellis Act in the past five years, and there is no evidence of harassment or any threatened or actual illegal eviction over the past three years.

3. The dwelling proposed for demolition was vacated in July of 2024, and is not subject to tenant relocation provisions under BMC Chapter 23.326, and it does not involve the displacement of any tenants.

E. Per BMC Section 23.210.020(C)(4), the minimum required main building lot line setbacks in the underlying base district can be reduced upon finding that the reduction is consistent with BMC

23.210.020(A), Purpose of the Hillside Overlay.

The purpose of the Hillside Overlay district is to:
 Implement General Plan policies for hillside development;  Protect the safety and health of residents where steep topography, unusual street conditions and proximity to the wildland-urban interface create severe risk from wildfire;  Protect the character of Berkeley’s hillside areas and their immediate environs;  Give reasonable protection to views yet allow appropriate development of all property;  Allow modifications in standard setback and height requirements when justified because of steep topography, irregular lot pattern, unusual street conditions, or other special aspects of the hillside areas.

1. The proposed two-story residence will be constructed and will encroach 5 feet into the required 20-foot required rear setback. The site is lot that has an irregular shape, and features a steep drop from the street down to a more level area, characteristics which limit the placement options for the residence and the parking pad.

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2. The proposed residence is sited on the relatively flat area of the site, while the parking pad is placed within the front setback, close to the street, to eliminate the need for a steep driveway, (and its associated costs).

3. Consistent with the purpose of the Hillside Overlay district, the residence’s design will allow for the structure to adhere to the aesthetic and character of the Berkeley hillside areas, through maintaining reasonable setbacks and by limiting the height to 23.5 feet, below the 35-foot maximum.

F. Pursuant to BMC Section 23.322.080(E)(2), no portion of an off-street parking space may be located in a required front, street side, or rear setback area unless: The Zoning Adjustments Board, in consultation with the Traffic Engineer, and the space meets all applicable requirements in this section.

1. The proposed project will enlarge the 12-foot driveway and construct a 16 1/4-foot- wide by 18-foot long two car parking pad within the required front setback, in order to minimize additional site grading.

2. A 2-foot-wide by 18-foot long landscaped buffer will be included to provide visual screening.

3. Residences along the southern frontages off Keith Avenue also include off-street parking within in the front setback due to limiting site conditions.

4. The proposed parking is authorized, as it was determined by the City’s Traffic Engineer that the proposed parking pad, driveway approach, and increased curb cut do not present any traffic engineering concerns.

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IV. STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
The following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions.’ Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings.

2. Compliance Required (BMC Section 23.102.050). All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations.

Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sections

23.404.060(B)(1) and (2)):

A. This Permit authorizes only the proposed project described in the application. In no way does an approval authorize other uses, structures or activities not included in the project description.

B. When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To re-establish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.

4. Conformance to Approved Plans (BMC Section 23.404.060(B)(4)).

All work performed under an approved permit shall comply with the approved plans and any conditions of approval.

5. Exercise and Expiration of Permits (BMC Section 23.404.060(C)):

A. A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

B. A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

C. The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction. The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant. A determination that a permit has lapsed may be appealed to the ZAB in accordance with Chapter 23.410 (Appeals and Certification).

D. A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.

6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060(D)). Once a Permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit, except as set forth in Standard Condition #5 above.

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7. Permit Modifications (BMC Section 23.404.070). No change in the use or structure for which this Permit is issued is permitted unless the Permit is modified by the Board. The Zoning Officer may approve changes to plans approved by the Board, consistent with the Board’s policy adopted on May 24, 1978, which reduce the size of the project.

8. Permit Revocation (BMC Section 23.404.080). The City may revoke or modify a discretionary permit for completed projects due to: 1) violations of permit requirements; 2) Changes to the approved project; and/or 3) Vacancy for one year or more. However, no lawful residential use can lapse, regardless of the length of time of the vacancy. Proceedings to revoke or modify a permit may be initiated by the Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Hold Harmless. The permittee agrees as a condition of approval of this application to indemnify, protect, defend with counsel selected by the City, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively, “Claims”) arising out of or in any way relating to the approval of this application, any actions taken by the City related to this entitlement, or any environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 210000 et seq., for this entitlement and related actions. The indemnification shall include any Claims that may be asserted by any person or entity, including the permittee, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents.

The permittee’s duty to defend the City shall not apply in those instances when the permittee has asserted the Claims, although the permittee shall still have a duty to indemnify, protect and hold harmless the City.

V. ADDITIONAL CONDITIONS IMPOSED BY THE ZONING ADJUSTMENTS BOARD Pursuant to BMC 23.404.050(H), the Zoning Adjustments Board attaches the following additional conditions to this Permit:

Prior to Submittal of Any Building Permit:

10.Project Liaison. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction-related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response, and submit written reports of such complaints and actions to the project planner on a weekly basis. Please designate the name of this individual below:
 Project Liaison ____________________________________________________ Name Phone #

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11. Address Assignment. The applicant shall file an “Address Assignment Request Application” with the Permit Service Center (1947 Center Street) for any address change or new address associated with this Use Permit. The new address(es) shall be assigned in accordance with BMC 16.28.030, and, except for new buildings on vacant lots, entered into the City’s database after the building permit is issued but prior to final inspection.

Prior to Issuance of Any Building & Safety Permit (Demolition or Construction)

12.Demolition. Demolition of the existing building cannot commence until a complete application is submitted for the replacement building. In addition, all plans presented to the City to obtain a permit to allow the demolition are subject to these conditions.

13.Construction and Demolition Diversion. Applicant shall submit a Construction Waste Management Plan that meets the requirements of BMC Chapter 19.37 including 100 percent diversion of asphalt, concrete, excavated soil and land-clearing debris and a minimum of 65 percent diversion of other nonhazardous construction and demolition waste.

14. Toxics. The applicant shall contact the Toxics Management Division (TMD) at 1947 Center Street or (510) 981-7470 to determine which of the following documents are required and timing for their submittal:

A. Phase I and Phase II Environmental Site Assessment (ESA) (per ASTM 1527).

A recent
Phase I ESA (less than 2 years old) shall be submitted to the Toxics Management Division for developments for: all new commercial, industrial and mixed-use developments and all improvement projects that require work 5 or more feet below grade, and all new residential buildings with more than four dwelling units located in the Environmental Management Area (or EMA). The EMA can be viewed at: City of Berkeley Community GIS Portal (arcgis.com) B. Depending on the findings in the Phase I, a Phase II or additional investigation may be necessary. Any available soils and groundwater analytical data available for projects listed in this section must also be submitted to TMD.

C. Environmental Site Clearance. The applicant shall provide environmental screening clearance from either the San Francisco Bay Regional Water Quality Control Board (RWQCB), Department of Toxic Substances Control (DTSC), or the Alameda County Department of Environmental Health’s Local Oversight Program (LOP). Clearance from one of these regulatory agencies will ensure that the property meets development investigation and cleanup standards for the specific use proposed on the property. Environmental screening clearance shall be submitted to the City of Berkeley’s Toxics Management Division prior to issuance of any building permits.

D. Soil and Groundwater Management Plan. A site-specific Soil and Groundwater Management Plan (SGMP) shall be submitted to Toxics Management Division (TMD) for all non-residential projects, and residential or mixed-use projects with more than four dwelling units, that: (1) are in the Environmental Management Area (EMA), as shown on the most recent City of Berkeley EMA map, and (2) propose any excavations deeper than 5 feet below grade or if significant soils removal is anticipated. The SGMP shall be submitted to the TMD with the project’s building permit application and shall be approved by TMD prior to issuance of the building permit.

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The SGMP shall comply with the hazardous materials and waste management standards required by BMC Section 15.12.100, the stormwater pollution prevention requirements of San Francisco Bay Regional Water Quality Control Board’s Order No. R2-2009-0074, California hazardous waste generator regulations (Title 22 California Code of Regulations (CCR) 66260 et seq.), and the East Bay Municipal Utility District’s Ordinance 311, and shall include the following:
i. procedures for soil and groundwater management including identification of pollutants and disposal methods;
ii. procedures to manage odors, dust and other potential nuisance conditions expected during development;
iii. notification to TMD within 24 hours of the discovery of any previously undiscovered contamination; and
iv. the name and phone number of the individual responsible for implementing the SGMP and who will respond to community questions or complaints.

TMD may require additional information or impose additional conditions as deemed necessary to protect human health and the environment. All requirements of the approved SGMP shall be deemed conditions of approval.

E. Demolitions & Renovations – Building Materials Survey. A hazardous materials survey for building materials and plans on hazardous materials and hazardous waste removal and disposal is required and must be prepared by qualified professionals, and submitted to the Toxics Management Division (TMD) prior to issuance of the building permit. i. The survey shall include the identification of all materials to be disturbed for lead-based paints, PCB containing equipment and caulking, hydraulic fluids, refrigerants, treated wood, and mercury containing devices (including fluorescent light bulbs and mercury switches), asbestos and other hazardous materials and chemicals. ii. If asbestos is identified, Bay Area Air Quality Management District Regulation 11-2- 401.3 a notification must be made and the J number must be made available to the City of Berkeley Permit Service Center. Contractors must follow state regulations where there is asbestos-related work involving 100 square feet or more of asbestos containing material (8 Cal. Code Regs. §1529, §341.6 et seq.)
iii. The report to the TMD shall include, in addition to the survey, plans on hazardous materials and hazardous waste removal and disposal that comply with State and Federal codes including California Code of Regulations (CCR) 66260 et seq. iv. Documentation evidencing disposal of hazardous waste in compliance with the survey shall be submitted to TMD within 30 days of the completion of the demolition.

Please note, the PCB Screening Form required by Public Works, Engineering, is a separate requirement and does not address the PCB identification requirement of the Toxics Management Division.

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F. Hazardous Materials Business Plan. A Hazardous Materials Business Plan (HMBP) in compliance with BMC Section 15.12.040 and California Health & Safety Code, Chapter 6.95 Div. 20, shall be submitted to the Toxics Management Division through the California Environmental Reporting System: http://cers.calepa.ca.gov/ for chemicals used or stored on site during construction that exceed reporting thresholds. The reporting is required if your facility stores or handles hazardous materials in aggregate quantities equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet of compressed gases, or generates any quantity of hazardous waste. This includes welding gases, emergency generator fuel, paints, etc.

Additionally, the business occupant must submit an HMBP within 30 days of starting operations.

G. Petroleum Storage. An (SPCC) Plan is required to be prepared and implemented for facilities with any one of the following:
i. aggregate aboveground petroleum storage capacities of 1,320 gallons or more stored in aboveground storage containers, tanks, oil-filled equipment, or ii. one or more tank(s) in an underground area (TIUGA) with petroleum storage capacities of 55 gallons or greater. More information on TIUGAs can be found here:
https://osfm.fire.ca.gov/divisions/pipeline-safety-and-cupa/certified-unified-program- agency-cupa/aboveground-petroleum-storage-act/tank-in-an-underground-area-tiuga/ The SPCC plan must be prepared prior to beginning operations and you must submit facility information to Toxics Management Division (TMD) through the California Environmental Reporting System: http://cers.calepa.ca.gov/. The SPCC plan will be reviewed during the site inspection and shall not be submitted in CERS or to the TMD.

Prior to Issuance of Any Building (Construction) Permit

15.HVAC Noise Reduction. Prior to the issuance of building permits, the project applicant shall submit plans that show the location, type, and design of proposed heating, ventilation, and cooling (HVAC) equipment. In addition, the applicant shall provide product specification sheets or a report from a qualified acoustical consultant showing that operation of the proposed HVAC equipment will meet the City’s exterior noise requirements in BMC Section 13.40.050. The City’s Planning and Development Department shall review the submitted plans, including the selected HVAC equipment, to verify compliance with exterior noise standards.

16. Solar Photovoltaic (Solar PV) and Battery Energy Storage Systems (ESS). A solar PV system shall be installed, subject to specific limited exceptions, as specified by the Berkeley Energy Code (BMC Chapter 19.36). Energy storage system (ESS) readiness (new single-family, duplex, and townhouse homes) or ESS installation (new multifamily and most nonresidential buildings) shall be completed as specified by BMC Chapter 19.36. Location of the solar PV system and the ESS, if applicable, shall be noted on the construction plans. (Project required to meet applicable code at time of building permit application, if different from above.)

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17.Electric Vehicle (EV) Charging. Each dwelling unit shall install a listed raceway, wiring, and load capacity to allow for future Level 2 (40 amp) plug-in electric vehicle (EV) charging system installation, or any more stringent EV charging requirements as specified by the Berkeley Green Code (BMC Chapter 19.37). Readiness for EV charging and EV charging station installations shall be noted on the construction plans. (Project required to meet applicable code at time of building permit application, if different from above.)

18.Recycling and Organics Collection. Applicant shall provide recycling and organics collection areas for occupants, clearly marked on plans, which comply with the Alameda County Organics Reduction and Recycling Ordinance (2021-02). Contact the Zero Waste Division’s Recycling Program Manager, Julia A. Heath, at [email protected].

19.Public Works ADA. Plans submitted for building permit shall include replacement of sidewalk, curb, gutter, and other streetscape improvements, as necessary to comply with current City of Berkeley standards for accessibility.

Prior to Demolition or Start of Construction:

20.Construction/No Parking Permits. Contact the Permit Service Center (PSC) at 1947 Center Street or 981-7500 for details on obtaining Construction/No Parking Permits (and associated signs and accompanying dashboard permits). Please note that the Zoning Officer and/or Traffic Engineer may limit off-site parking of construction-related vehicles if necessary to protect the health, safety or convenience of the surrounding neighborhood.

During Construction:

21.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.

22.Survey Required. The height and location of the proposed structure, property lines and spot elevations shall be verified by a licensed surveyor or engineer on site after foundation forms are placed, but before pouring concrete or placing construction material in its permanent position.

This verification shall be to the satisfaction of the Zoning Officer.

23.Public Works - Implement Bay Area Air Quality Management District (BAAQMD)- Recommended Measures during Construction. For all proposed projects, BAAQMD recommends implementing all the Basic Construction Mitigation Measures, listed below to meet the best management practices threshold for fugitive dust:

A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

C. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

D. All vehicle speeds on unpaved roads shall be limited to 15 mph.

E. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

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F. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

G. All construction equipment shall be maintained and properly tuned in accordance with manufacturer specifications. All equipment shall be checked by a certified visible emissions evaluator.

H. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

24.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.

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25.Construction and Demolition Diversion. Divert debris according to your plan and collect required documentation. Get construction debris receipts from sorting facilities in order to verify diversion requirements. Upload recycling and disposal receipts if using Green Halo and submit online for City review and approval prior to final inspection. Alternatively, complete the Construction Waste Management Plan and present it, along with your construction debris receipts, to the Building Inspector by the final inspection to demonstrate diversion rate compliance. The Zoning Officer may request summary reports at more frequent intervals, as necessary to ensure compliance with this requirement.

26.Low-Carbon Concrete. The project shall maintain compliance with the Berkeley Green Code (BMC Chapter 19.37) including use of concrete mix design with a cement reduction of at least 25 percent. Documentation on concrete mix design shall be available at all times at the construction site for review by City Staff. (Project required to meet applicable code at time of building permit application, if different from above.)

27.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.

28.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:

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.

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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.

29.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.

30.Paleontological Resources (Ongoing throughout demolition, grading, and/or construction). In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.

31.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.

32.Stormwater Requirements. The applicant shall demonstrate compliance with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) permit as described in BMC Section 17.20. The following conditions apply:

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A. The project plans shall identify and show site-specific Best Management Practices (BMPs) appropriate to activities conducted on-site to limit to the maximum extent practicable the discharge of pollutants to the City's storm drainage system, regardless of season or weather conditions.

B. Trash enclosures and/or recycling area(s) shall be covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system; these drains should connect to the sanitary sewer. Applicant shall contact the City of Berkeley and EBMUD for specific connection and discharge requirements. Discharges to the sanitary sewer are subject to the review, approval and conditions of the City of Berkeley and EBMUD.

C. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize the use of fertilizers and pesticides that contribute to stormwater pollution. Where feasible, landscaping should be designed and operated to treat runoff.

When and where possible, xeriscape and drought tolerant plants shall be incorporated into new development plans.

D. Design, location and maintenance requirements and schedules for any stormwater quality treatment structural controls shall be submitted to the Department of Public Works for review with respect to reasonable adequacy of the controls. The review does not relieve the property owner of the responsibility for complying with BMC Chapter 17.20 and future revisions to the City's overall stormwater quality ordinances. This review shall be shall be conducted prior to the issuance of a Building Permit.

E. All paved outdoor storage areas must be designed to reduce/limit the potential for runoff to contact pollutants.

F. All on-site storm drain inlets/catch basins must be cleaned at least once a year immediately prior to the rainy season. The property owner shall be responsible for all costs associated with proper operation and maintenance of all storm drainage facilities (pipelines, inlets, catch basins, outlets, etc.) associated with the project, unless the City accepts such facilities by Council action. Additional cleaning may be required by City of Berkeley Public Works Engineering Dept.

G. All on-site storm drain inlets must be labeled “No Dumping – Drains to Bay” or equivalent using methods approved by the City.

H. Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge or soaps or other pollutants to the storm drain. Sanitary connections are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

I. All loading areas must be designated to minimize “run-on” or runoff from the area.

Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer or intercepted and pretreated prior to discharge to the storm drain system. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control and spill cleanup.

J. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the

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sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

K. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

L. The applicant is responsible for ensuring that all contractors and sub-contractors are aware of and implement all stormwater quality control measures. Failure to comply with the approved construction BMPs shall result in the issuance of correction notices, citations, or a project stop work order.

33.Public Works. Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site.

34.Public Works. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one-eighth millimeter thick and secured to the ground.

35.Public Works. The applicant shall ensure that all excavation accounts for surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.

36.Public Works. The project sponsor shall maintain sandbags or other devices around the site perimeter during the rainy season to prevent on-site soils from being washed off-site and into the storm drain system. The project sponsor shall comply with all City ordinances regarding construction and grading.

37.Public Works. Prior to any excavation, grading, clearing, or other activities involving soil disturbance during the rainy season the applicant shall obtain approval of an erosion prevention plan by the Building and Safety Division and the Public Works Department. The applicant shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department.

38.Public Works. The removal or obstruction of any fire hydrant shall require the submission of a plan to the City’s Public Works Department for the relocation of the fire hydrant during construction.

39.Public Works / Building and Safety. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division, and carry out any necessary corrective action to their satisfaction.

Prior to Final Inspection or Issuance of Occupancy Permit:

40.Compliance with Conditions The project shall conform to the plans and statements in the Use Permit. The developer is responsible for providing sufficient evidence to demonstrate compliance with the requirements throughout the implementation of this Use Permit.

1048 KEITH AVENUE - USE PERMIT #ZP2024-0014 FINDINGS & CONDITIONS January 9, 2025 Page 16 of 16
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At All Times:

41.Compliance with Approved Plan. The project shall conform to the plans and statements in the Use Permit.

42.All landscape, site and architectural improvements shall be completed per the attached approved drawings dated December 9, 2024.

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

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

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

46.Loading. All loading/unloading activities associated with deliveries to all uses shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. daily.

47.Residential Electric Vehicle (EV) Charging. Required Level 2 charging stations and low power Level 2 EV charging receptacles, as specified by the Berkeley Green Code (BMC Chapter 19.37) shall be maintained in good working condition and made available for building resident use. (Project required to meet applicable code at time of building permit application, if different from above.)

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
1044 KEITH AVENUE

JOACHIM KAINZ & LINDSAY NEWMAN
BERKELEY, CA 94708

GENERAL NOTES & SITE PLAN

PROJECT INFORMATION
OWNERS:

CONSTRUCTION TYPE:

OCCUPANCY:

SHEET INDEX
A1
RESIDENTIAL RH-3
V-B

PROPOSED NORTH & SOUTH ELEVATIONS (& PARTIAL N/W)
A2
A3
A4
A5
P.313.615.9400
A6

PROJECT SCOPE
1) DEMOLISH 1-STORY, SINGLE FAMILY DWELLING.

EXISTING FIRST FLOOR PLAN & CRAWLSPACE PLAN

PROPOSED ROOF AND SECOND FLOOR PLAN

PROPOSED EAST & WEST ELEVATIONS

USE PERMIT
I have reviewed plans at 1048 Keith Ave for a proposed 2-story single family dwelling.

NAME SIGNATURE ADDRESS RENTER HAVE NO HAVE OBJECTIONS HAVE NO (PRINTED) OR OWNER OBJECTIONS (STATE BRIEFLY) COMMENT
1044 KEITH AVE
1047 KEITH AVE
1049 KEITH AVE
1050 KEITH AVE
1051 KEITH AVE
1109 HIGH CT
1111 HIGH CT
1113 HIGH CT
2) BUILD NEW 2-STORY, SINGLE FAMILY DWELLING, MAX HT: 25'

LANDSCAPE & USEABLE SPACE PLAN & LOT COVERAGE DIAGRAM
A7
A8
A9
A10
A11

STREET STRIP ELEVATION

BOUNDARY & TOPOGRAPHIC SURVEY

GRADING PLAN

PROPOSED EAST WEST SECTIONS

PROPOSED LONGITUDINAL SECTIONS

PROPOSED GROUND FLOOR PLAN
A12
A13
A14
A15
A16

EXISTING NORTH & SOUTH ELEVATIONS (& PARTIAL E/W)

EXISTING EAST & WEST ELEVATIONS

STORY POLE PLAN
SHADOW STUDY: EXISTING DWELLING
A17SHADOW STUDY: PROPOSED DWELLING
A18SHADOW STUDY: COMBINED EXISTING & PROPOSED

ENERGY CODE & GREEN CODE STATEMENT

THE PROPOSED PROJECT IS DESIGNED TO COMPLY WITH THE BERKELEY ENERGY CODE (BMC CH. 19.36) & BERKELEY GREEN CODE (BMC CH. 19.37)

INCLUDING SOLAR PV SYSTEM, BATTERY ENERGY STORAGE, ELECTRIC VEHICLE CHARGING, & LOW-CARBON CONCRETE REQUIREMENTS. NOTE

THAT FOR BUILDING PERMIT SUBMITTAL, QUANTITATIVE VALUES FOR

APPLIANCE FUEL EFFIECIENCY MUST BE INCLUDED IN RELEVANT BUILDING

PERMIT ARCHITECTURAL SHEETS, WINDOW & DOOR SCHEDULES, & ON

ARCHITECTURAL, PLUMBING, & MECHANICAL SHEETS, MATCHING THOSE

VALUES STIPULATED IN PRESCRIPTIVE OR PERFORMANCE ENERGY COMPLIANCE DOCUMENTS.

CEQA GUIDELINE NOTES:

ALL PROJECT CONSTRUCTION EQUIPMENT SHALL HAVE AT LEAST
EPA-RATED TIER 3 DIESEL ENGINES.

Attachment 1, Exhibit B

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

Instructions: The Story Pole Height and Location Certification and Story Pole Data Table must be executed by a registered land surveyor, architect, or civil engineer, directly on a copy of the Story Pole Plan. The completed certification must be submitted to the City prior to the application being deemed complete by staff.

Required Certification Statement:

I hereby certify that the story poles loated on the referenced site were constructed under my supervision and survey, and the story poles are in conformance with the design, height, and location as shown on the story pole plan. I further certify that 1) the story pole identification numbers, 2) story pole location base grade elevations, 3) story pole heights, and 4) the proposed maximum height elevations are true and correct. I acknowledge and understand that the required project story poles are for the purpose of informing the owner, architect, designer, City staff, Zoning Adjustments Board, and the public as to the accurate location and exterior dimensions of the proposed structure or addition.

Signature of Architect, Registered Land
Name (Printed or typed)
License No./ Expiration Date
Date
Surveyor, or Civil Engineer

STORY POLE HEIGHT AND LOACATION CERTIFICATION

LINDSAY NEWMAN, PE
C-94808 / 06.30.2025

8.21.2024

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]

ATTACHMENT 2

Z ONING

A DJUSTMENT S
B OARD
Staff Report
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mai
l : [email protected]

FOR BOARD ACTION
JANUARY 9, 2025
1048 Keith Avenue
Use Permit #ZP2024 -0014 to demolish a 2,760-square-foot single -family dwelling, and construct a two-story (25 feet tall), 3,600-square-foot single- family dwelling within the rear setback and parking pad in the front setback.

I. Background
A. Land Use Designations:
• General Plan: Low Density Residential (LDR)
• Zoning District: Single-Family Residential – Hillside Overlay (R-1H) District B. Zoning Permits Required:
• Use Permit, pursuant Berkeley Municipal Code (BMC) Section 23.3

26.030(B)(1)
to demolish a dwelling unit
• Use Permit, pursuant to BMC Section 23.202.020(B) to construct a single-family dwelling unit
• Administrative Use Permit, pursuant to BMC Section 23.210.020(C)(4), to reduce the building setbacks in the Hillside Overlay Zone
• Administrative Use Permit, pursuant to BMC Section 23.322.080(E)(2)(b), to allow unenclosed off-street parking within the front setback • Administrative Use Permit, pursuant to BMC Section 23.304.070( B) to construct an unenclosed structure (trellis) within the front setback • Administrative Use Permit, pursuant to BMC Section 23.304.080(A), to construct a fence more than 6 ft in height on the lot line
C. CEQA Recommendation:

It is staff’s recommendation to the Zoning Adjustments Board (ZAB) that the project is categor
ically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of ITEM #2
ZAB 2025-01-09

ATTACHMENT 3

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 2 of 16
Regulations, Section15000, et seq.) pursuant to CEQA
Guidelines Section 15303 (“New
Construction or Conversion of Small Structures”).

D. Project Recommendation:

Approval. The project is, on balance, consistent with the Zoning Ordinance and General Plan.

E. Parties Involved:
• Applicant/Property Owner: Lindsay Newman, 1048 Keith Avenue, Berkeley, CA, 94708
ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 3 of 16
Figure 1: Vic
inity and Zoning Districts Map
R-1H = Single-Family Residential – Hillside Overlay (R-1H) District
ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 4 of 16
Figure 2: Site Plan
ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 5 of 16

Figure 3: Elevations

Proposed Front (North) Elevation

Proposed Side (West) Elevation
ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 6 of 16
Table 1: Land Use Information
Location Existing Use Zoning District General Plan Designation Subject Property
Single Family
Residences
Single-Family
Residential –
Hillside Overlay
District (R-1H)
Low Density Residential (LDR) Surrounding
Properties
North
South
East
West
Table 2: Special Characteristics
Characteristic Applicability Explanation
Affordable Housing Fee for
qua
lifying non-residential projects
(Resolution 66,617-N.S.)
No
These fees apply to projects with net new non-
residential floor area over 7,500 square feet. The
project only proposes new residential floor area;
therefore, these requirements do not apply.

Affordable / Inclusionary
Housing Requirements
(BMC Chapter 23.328)
No
The proposed project is a housing development
project, as defined in BMC 23.328.020(E), 6 would
provide less than 5,000 square feet of residential
unit floor area, and is not part of a larger housing
development project. Therefore, this project is
exempt from the inclusionary housing provisions.

Coast Live Oak Trees
(BMC Chapter 6.52)
No There are no Coast Live Oak (Quercus agrifolia)
trees on the project site.

Creeks No No creek or culvert, as defined by BMC Chapter

17.08, exists on or within 30 feet of the project site.

Density Bonus No The project does not utilize a density bonus.

Historic Resources No
The project would demolish an existing residential
building that is greater than 40 years old. An
historic resource evaluation was prepared by Mark
Hulbert on January 5, 2021 and was
revised on
April 10, 2024, which concludes that this property
is not eligible for listing in the California Register of Historic Resources.

Housing Accountability Act (HAA)
(Gov’t Code Section 65589.5(j)) No
The project does not meet the definition of a
“Housing Development Project” per Government
Code Section 65589.5(h ) (2) b. The project
proposes to construct one dwelling; therefore, the
Housing Accountability Act does not apply.

Housing Crisis Act of 2019
(SB 330) Yes
The project proposes only one dwelling unit and is
not considered a “housing development project ”7;
therefore SB 330 does not apply.

ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 7 of 16
Characteristic Applicability Explanation
Rent Controlled Units No
There are no rent -controlled units at the site, nor
would the new dwelling unit be subject to rent
control restrictions.

Residential Preferred Parking
(RPP) No
The site is not located in an RPP zone. Should an
RPP zone be established in the future, the project
is not eligible for RPP permits per BMC Section

14.72.080(C)(1) as no permits shall be issued to
residents in a newly constructed residential unit.

Seismic Hazards (SHMA) Yes
The site is located within an area susceptible to
liquefaction, Fault Rupture, or Landslides as
shown on the State Seismic Hazard Zones map 8.

A geotechnical report prepared by Rutherford +
Keene (October 30, 2017) was submitted by the
applicant, however, the project is exempt from this
requirement because it includes the construction of
one, two-story, single-family dwelling unit.

Soil/Groundwater Contamination No
The project site is not listed on the Cortese List 9,
nor is it within the City’s Environme ntal
Management Area.

Transit Yes
The project area is served by AC Transit line 65.

There is an existing bus stop within 0.2 miles to the
east near the intersection of Keith Avenue and
Euclid, serving AC Transit line 65.

Notes:
a. BMC 23.328.020(E) defines a "Housing Development Project" for purposes of inclusionary housing requirements as “a development project, including a Mixed-Use Residential project involving the new construction of at least one Residential Unit.

Projects with one or more buildings or projects including multiple contiguous parcels under common ownership or control shall be considered as a sole Housing Development Project and not as individual projects. b. Government Code Section 65589.5(h)(2) “Housing development project” means a use consisting of any of the following: (A) residential units only, (B) mixed-use developments consisting of residential and nonresidential uses in which at least two- thirds of the square footage is designated for residential use, and (C) transitional or supportive housing. c. California Department of Conservation. DOC Maps: Geologic Hazards. Available:
https://maps.conservation.ca.gov/geologichazards/
d. The Cortese List is an annually updated list of hazardous materials sites complied pursuant Government Code Section 65962.5.

Table 3: Project Chronology
Date Action
January 11, 2024 Use Permit Application submitted
February 8, 2024 Application deemed incomplete
February 15, 2024 Application resubmitted
February 27, 2024 Application deemed incomplete
February 27, 2024 Application resubmitted
February 29, 2024 Application deemed complete
ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 8 of 16
Date Action
March 22, 2024 Application Processing letter issued
April 29, 2024 Application resubmitted
May 23, 2024 Application Processing letter issued
June 27, 2024 Application resubmitted
June 27, 2024 Application Processing letter issued
June 27, 2024 Application resubmitted
July 10, 2024 Complete Application Processing letter issued August 12, 2024 Revised application materials resubmitted.

September 12, 2024 Public hearing notices mailed/posted September 26, 2024 ZAB hearing – project continued to October 10, 2024 October 10, 2024 ZAB hearing - project continued to date uncertain October 15, 2024 Revised final survey dated October 10, 2024 received December 18, 2024 Public hearing notices mailed/posted
January 9, 2025 ZAB hearing
Table 4: R-1H Development Standards BMC Sections 23.202.050 and 23.210.020, and 23.322 Parking and Loading
Standard Existing Proposed Total Permitted/
Required
Lot Area (sq. ft.) 7,800 7,800 5,000 min
Dwelling
Units
Total 1 1 1 max
Building
Height
(ft. - in.)
Average 13’-6” 20’-8” 28’ max
Maximum 17’ - 3” 24’-8” 35’ max
Stories 1 2 3 max
Building
Setbacks
(ft. - in.)
Front
(Keith Avenue)
50’-0” 52’-0” 20’ min
Rear 17’-4” 15’-0” 20’ min
Left Side 13’-8” 8’-0” 4’ min
Right Side 0’-10” 11’-1” 4’ min
Lot Coverage (%) 18% 29% 40% max
Usable Open Space (sq. ft.) 6,378 5,753 400 sq. ft. min (400 sq. ft. per dwelling unit)
Parking Automobile 1 2 1 min
(for roadway width less than
26 ft.)
ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 9 of 16
II. Project Setting
A. Neighborhood/Area Description:

The project site is located in the northern area of the Berkeley hills in the R-1H, Single- Family Residential – Hillside Overlay District. The area is characterized by a residential development pattern of one- to three -story single- family dwellings. Lots in the neighborhood are generally rectangular with some irregularities due to existing slopes and curved roadways. The neighborhood hills generally slope downward from the northeast to the southwest and provide west facing views of the San Francisco Bay.

B. Site Conditions:

The 7,800 square-foot
lot is rectangular-shaped, located on the south side of the street, and oriented in a northwest and southeast direction. The lot slopes downward by 20 ft. from Keith Avenue to a level section towards the middle and rear portions of the property where the front of the lot is set at a higher elevation. The lot has 50-feet of frontage along Keith Avenue , is approximately 128 feet deep, and developed with a one-story 2,760 square-foot residence. Existing vegetation on the lot includes various trees such as Plum, Red Fir, Loquat, and Yucca, as well as dense shrubbery. There are no, nor has there recently been, protected Coast Live oak trees on this project site.

III. Project Description
A. Proposed Project Details: The proposed project would demolish the one- story 2,760 square-foot residence built in 1924 and construct a two- story 3,600 residence in its place. The new residence would include five bedrooms including an office, a recreation room, first and second story decks along the southern face of the residence. In addition, the project would include two new parking spaces that would encroach into the northern front setback, and fence and retaining walls along the eastern propert y line that are in the required side setback.

IV. Community Discussion
A. Neighbor/Community Concerns:

Prior to application submittal, a pre-application poster was installed on site by the applicant in January 2024. On September 12, 2024 the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, and to interested neighborhood organizations . The City also posted notices at nearby three locations within the neighborhood on these dates. Prior to the first hearing on September 26, a neighbor raised questions about the surveyed lot lines.

During the September 26 hearing, neighbors raised concerns about the impact of landslides on property boundaries , boundary disputes, landslide impacting shifting property lines, and ques
tioned the accuracy of the site survey dated November 16, 2020.

As a result, staff recommended that the project be continued to October 10. The project ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 10 of 16
was continued a second time to a date uncertain to al
low the applicant time to obtain a
revised survey for staff review.

On December 18, 2024, the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, and to interested neighborhood organizations for the hearing on January 9, 2024. At the time of writing this report, staff
has received nine letters opposing the project , stating concerns regarding project impacts related to views, privacy, and the location of property lines (Attachment 4).

B. Landmark Preservation Commission / Design Review Committee Review:

The project is not subject to review by the Landmarks Preservation Commission because it does not propose the demolition of a nonresidential building. The proj ect is
not subject to review by the Design Review Committee because it is located in a residential district that is not subject to design review, or in a commercial or manufacturing district.

V. Issues and Analysis
A. CEQA Approach and Recommendation
It is staff’s recommendation that the project is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15303 (“New Construction or Conversion of Small Structures”). The proposed project is consistent with the example projects listed under this categorical exemption and is below the size threshold . In addition, none of th e exceptions to eligibility for a categorical exemption as listed under CEQA Guidelines Section 15300.2, apply to the project:

1. The project is currently developed/characterized as developed by the California Natural Diversity Database;
1 therefore, it is not located in an environmentally
sensitive area;

2. The cumulative impact of successive projects of the same type in the same place, over time would not be significant;

3. There are no “unusual circumstances” at the project site that would result in significant environmental effects;

4. There are no eligible or designated scenic highways within the City of Berkeley; 2 therefore, the project site is not in view of a state scenic highway;

5. The site is not included on a list compiled pursuant to Government Code Section 65962.5;
3 and

6. The project would not result in a substantial adverse change in the significance of a 1 California Department of Fish and Wildlife. California Natural Diversity Database. Available:
https://apps.wildlife.ca.gov/bios6/?tool=cnddbqv
2 California Department of Transportation. California Scenic Highway Program’s Scenic Highway System List. Available:
https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways 3 California Environmental Protection Agency. Cortese List Data Resources. Available: https://calepa.ca.gov/sitecleanup/corteselist/ ITEM #2
ZAB 2025-01-09

ZONING ADJUSTMENTS BOARD 1048 KEITH AVENUE
January 9, 2025 Page 11 of 16

historical resource.

The CEQA exemption determination is made by ZAB, as the decision-making body.

B. Site Survey
The original site survey prepared and stamped by Moran Engineering and dated November 16, 2020 contains a note indicating that the exact location of the property boundaries shown on the survey could vary up to five feet , due to significant historic land motion in the area. 4 Due to the uncertainty of the property boundary locations on the survey , s taff was unable to review the project for compliance with district development standards. Staff requested that the survey be revised and the boundary lines confirmed.

The applicant submitted a revised survey prepared by Moran Engineering , dated October 10, 2024, that confirmed the accuracy of property boundaries to within an inch, based on three site survey monuments.
5 (See Attachment 2, Project Plans, Sheet A13.)
The Public Works Department and Building and Safety Division reviewed the revised survey and confirmed that it me ets surveying standards . Staff review ed the project design with the revised survey and determined the project is in compliance with applicable development standards.

C. General Non-Detriment Finding:

BMC Section 23.406.040(E) “Findings for Approval” establishes that before the ZAB approves an application for a Use Permit, it must find that the project would not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City.

Staff recommends that the ZAB find that these potential impacts are not detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or neighborhood, for the reasons outlined below.

1. Shadows: Shadow studies submitted by the applicant documented sun angles at different times throughout the day during the summer and winter solstice. The studies indicate that new shadows would affect the following property:
• 1044 Keith Avenue (west of the project site): New shadows would be cast two hours after sunrise during the summ
er solstice onto the windows of two of the

4 The Boundary Note on the original survey reads: “Due to significant land motion in this area, it is not possible to establish the property boundary with certainty. The boundary shown could vary based on the consideration of alternate survey reference points. This variance is very likely on the order of 5.0 feet or more in magnitude.” 5 The Boundary Note on the October 10,2024 revised survey reads: “This property boundary shown is based on the survey monuments as detailed hereon. These three monuments fit together within an inch” ITEM #2
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bedrooms and bathrooms, kitchen, and living room (Attachment 2, Project Plans, Sheet A17).

Although the project would create new shadows on neighboring residences, the projected impacts would only occur during certain times of the day and limited times of the year. The shadow impacts from the project on adjacent residential uses would be reasonable and not detrimental.

2. Air: The construction of the new residence would be consistent with the existing development pattern and building -to-building separation (air criterion) in this R -1H zoned neighborhood. The proposed residence complies with the 20- foot front setback and 5-foot side setbacks. However, the rear building wall would encroach 5 feet into the required 20-foot rear setback. This encroachment is proposed to position the residence on the flatter portion of the lot, accommodating site conditions while maintaining appropriate separation from neighboring residences.

3. Privacy: The proposed residence would result in reduc ed setbacks from the rear property line, and complies with the other required minimum setbacks. A rear primary bedroom with an attached deck and new windows and doors openings is proposed on the second story. The second-story deck and openings would not result in privacy concerns onto the abutting properties. The resident at the adjacent property to the south (1111 High Court) , has expressed privacy concerns to the applicant. In response, the applicant has proposed improvements to address these concerns, including the installation of a fence that measures over 6 feet tall along the eastern and southern lot lines, as well as the planting of screening trees along the southeastern portion of the property to screen views (Attachment 2, Project Plans, Sheet A1). Staff believes the proposed dwelling would not be detrimental regarding privacy.

4. Views: The proposed project would not result in obst ruction of a View Corridor 6 as
defined in BMC Section 23.502 (Glossary). As described above under Project Settings, the neighborhood hills generally slope downwards from the northeast to the southwest and provide primary views westward towards the San Francisco Bay.

However, the view to the San Francisco Bay in this location is partially obstructed by existing structures and mature trees.

The proposed two- story residence would replace the
existing one-story residence.

The overall height would increase by eight feet. Story poles installed in August 2024, revealed that the views of the San Francisco Bay from at least one residence,1050 Keith Avenue , may be marginally diminished due to the height and width of the proposed two-story residence. Therefore, the proposed dwelling would not result in a significant impact to views in the area.

5. The project is subject to the City’s standard conditions of approval regarding construction noise and air quality, waste diversion, toxics, and stormwater requirements, thereby ensuring the project would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or neighborhood of such proposed use or be detrimental or injurious to

6 View Corridor. A significant view of the Berkeley Hills, San Francisco Bay, Mt. Tamalpais, or a significant landmark such as the Campanile, Golden Gate Bridge, and Alcatraz Island or any other significant vista that substantially enhances the value and enjoyment of real property.

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property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City.

D. Demolition of Residential Unit
Per BMC Section 23.326.030(B), the ZAB approves a Use Permit to eliminate or demolish one or more Residential Units, upon finding that the demolition is necessary to permit construction approved pursuant to this Chapter of at least the same number of Dwelling Units.

The proposed project would replace an existing dwelling unit with a newly constructed dwelling unit. The Rent Stabilization Board confirmed that the existing residence has not been removed from the rental market under the Ellis Act in the past five years and there is no evidence of harassment or any threatened or actual illegal eviction over the past three years. Furthermore, the dwelling proposed for demolition was vacated in July of 2024, and is not subject to tenant relocation provisions under BMC Chapter 23.326, as it does not involve the displacement of any tenants.

E. Off-Street Parking Space in Front Setback
Per BMC Section 23.322.080(E)(2) , to approve an AUP for unenclosed parking in the front setback, ZAB must find that the space meets all applicable requirements in this section.

The proposed project would enlarge the 12-foot wide driveway and construct a 16 ¼ foot wide by 18-foot long concrete parking pad within the required front setback, in order to minimize additional site grading . A 2 -foot-wide by 18- foot long landscaped buffer would be included to provide visual screening. In addition, nearby residences along the southern frontages off Keith Avenue also have off-street parking within in the front setback due to restrictive site conditions. After review of the proposed parking, the City’s Traffic Engineer determined that the proposed parking pad, driveway approach, and increased curb cut do not present any traffic engineering concerns. The proposed parking location would meet all parking layout and design requirements in BMC Section

23.322.080.

F. Reduced rear building setback in the H Overlay Zone
Per BMC Section 23.210.020(C)(4), the minimum required main building lot line setbacks in the underlying base district can be reduced upon finding that the reduction is consistent with BMC 23.210.020(A), Purpose of the Hillside Overlay.

The purpose of the Hillside Overlay district is to:
• Implement General Plan policies for hillside development; • Protect the safety and health of residents where steep topography, unusual street conditions and proximity to the wildland- urban interface create severe risk from wildfire;
• Protect the character of Berkeley’s hillside areas and their immediate environs; ITEM #2
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• Give reasonable protection to views yet allow appropriate development of all property;
• Allow modifications in standard setback and height requirements when justified because of steep topography, irregular lot pattern, unusual street conditions, or other special aspects of the hillside areas.

The project proposes to construct a two-story residential structure that would encroach 5 feet into the required 20-foot required rear setback. The site has an irregular shape and features a 20 ft. drop from the street elevation to a level area. These site characteristics limit the building and off -street parking placement. The proposed residence is sited on the relatively flat area of the site, while the parking pad is located within the front setback, at the street, eliminating the need for a steep driveway and associated costs. The project design otherwise maintains setback and height requirements by limiting the height to 23.5 feet, below the 35- foot maximum and is consistent with the aesthetic and character of the Berkeley hillside area.

G. Unenclosed Accessory Structures Within A Required Lot Line Setback Per BMC Section 23.304.070 (B), unenclosed accessory structures require an AUP if placed on the ground within a required setback.

The project proposes the installation of a new 8-foot-tall unenclosed entry trellis located on the southern end of the proposed parking pad within the required 20- foot front setback (Attachment 2, Project Plans, Sheet A8) . The trellis is designed to serve as a privacy screen for the main residence, shielding the main residence from public view.

Additionally, the entry trellis also provides for an access to the entry deck to access the residence from the front or northern side of the property. Its open design, scale, and wood materials align with nearby residences, ensuring compatibility with the neighborhood character.

H. Fences more than 6 ft in height and On the Lot Line
Per BMC Section 23.304.080(A), an AUP is required for fences more than 6 ft in height and on lot line or within required lot line setbacks for main building.

The project proposes a 12-foot fence along the eastern lot line, consisting of a 6 -foot wood fence atop two 3-foot staggered concrete retaining walls – measuring 6 feet, that would be used for privacy screening for the main residence and the adjacent property at 1050 Keith Avenue (Figure 3). The wood fence and concrete retaining walls would not contain barbed or razor wire, sharp or jagged glass, sharp or jagged metal components, or similar hazardous materials, adher ing to the construction material restrictions in BMC Section 23.304.080(C).

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VI. Other Considerations (Zoning and Land Use Considerations) A. General Plan Consistency:

The 2002 General Plan contains several policies applicable to the project, including the following:

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

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

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

Policy UD -33 Sustainable Design: Promote environmentally sensitive and sustainable design in new buildings.

Staff Analysis: The proposed resi dence was designed to be architecturally compatible with the neighboring residences by maintaining a similar ridge height and massing with neighboring two-story residences. Additionally, the design includes Hardie board exterior siding similar to the neighboring residences. It is consistent with development standards of the Hillside Overlay Zone and the R -1H Single-Family Residential zoning district. The project would not cause substantial air, sunlight, or privacy issues for the adjacent properties, and it would be compatible with the General Plan policy to encourage housing production in the city.

VII. Recommendation
The project is consistent with the Zoning Ordinance and General Plan, and will have minimal impact on surrounding properties, staff recommends that the Zoning Adjustments Board:

1. FIND that the project is categorically exempt from the provisions of the CEQA pursuant to Section 15303 of the CEQA Guidelines (“New Construction or Conversion of Small Structures”) and

2. APPROVE Use Permit #ZP2024- 0014 pursuant to Section 23.406.040(D) and subject to the attached Findings and Conditions (see Attachment 1).

Attachments:

1. Findings and Conditions

2. Project Plans, received December 9, 2024

3. Revised Site Survey, dated October 10, 2024

4. Neighbor Correspondences
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5. Notice of Public Hearing

Staff Planner: Waqar Shah, [email protected], (510) 981-7469 ITEM #2
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A t t a c h m e n t( 1)
F i n d i n g s a n d C o n d i t i o ns
JANUARY 9, 2025
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
1048 Keith Avenue
Use Permit #ZP2024 -0014 to demolish a 2,760 -square-foot single -family dwelling, and construct a two -story (25 feet tall), 3,600 -square-foot single- family dwelling within the rear setback and parking pad in the front setback.

ZONING PERMITS REQUIRED
• Use Permit, pursuant Berkeley Municipal Code (BMC) Section 23.326.030(B)(1) to demolish a dwelling unit
• Use Permit, pursuant to BMC Section 23.202.020(A) to construct a single-family dwelling unit
• Administrative Use Permit, pursuant to BMC Section 23.210.020(C)(4), to reduce the building setbacks in the Hillside Overlay Zone
• Administrative Use Permit, pursuant to BMC Section 23.322.080(E)(2)(b), to allow unenclosed off-street parking within the front setback
• Administrative Use Permit, pursuant to B MC Section 23.304.070(C)(1) to construct an unenclosed structure (trellis) within the front setback • Administrative Use Permit, pursuant to BMC Section 23.304.080(A), to construct a fence more than 6 ft in height on lot line
I. CEQA FINDINGS
The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 153 03 of the CEQA Guidelines (“New Construction or Conversion of Small Structures”).

II. FINDINGS FOR APPROVAL
As required by Section 23.406.040(E) of the BMC, the project, under the circumstances of this particular case existing at the time at which the application is granted, will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborh ood, or to the general welfare of the City for the reasons outlined below:

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1. Shadows: Shadow studies submitted by the applicant document ed sun angles at different times throughout the day, and during the summer and winter solstice.

Although the project will create new shadows on neighboring residences, the projected impacts will only occur during certain times of the day at certain times of the year. Thus, the shadow impacts from the project on adjacent residences will be reasonable and not detrimental;

2. Air: The construction of the new residence will be consistent with the existing development and building-to-building separation pattern – or air – in this R-1H zoned neighborhood. The new residence’s rear building wall that encroaches into the required 20-foot rear setback is sited on the flatter portion of the lot to suit the site conditions while maintaining appropriate separation and air with neighboring residences;

3. Privacy: A rear primary bedroom with new window, door openings and a deck are proposed on th e second story. The second -story rear deck and openings will not result in privacy concerns with any neighboring residences . In addition, to mitigate any potential privacy concerns, the project will incorporate fencing along the eastern, western, and southern lot lines and screening trees along the southeastern portion of the property, ensuring adequate visual separation from neighboring properties .

Thus, the proposed project will not be detrimental regarding privacy;

4. Views: The proposed two -story residence will replace the existing one -story residence. The overall height will increase by eight feet. Although, the proposed residence will contribute to an already diminished view of the San Francisco Bay it will not completely o bstruct it. Therefore, the proposed dwelling will not result in a significant impact to views in the area;

5. The project will be subject to the City’s standard conditions of approval regarding construction noise and air quality, waste diversion, toxics, and stormwater requirements, which will ensure that the project will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or neighborhood of such proposed use or be detrimental or injur ious to property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City.

Pursuant to BMC Section 23.304.070 (B), unenclosed accessory structures require an AUP if placed on the ground within a required setback.

1. The project proposes installing a new 8-foot-tall unenclosed entry trellis strategically located on the southern end of the proposed parking pad within the required 20-foot front setback.

2. The trellis will be used as a provide access to the entry deck to the front of the proposed residence south of Keith Avenue and will be used as a privacy screen and will provide access to the entry deck to access the residence from the northern side of the property.

3. Its open design, scale, and use of wood materials align with nearby residences, ensuring compatibility with the neighborhood character, as well as minimizes potential impacts within its location of the required front setback.

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Pursuant to BMC Section 23.304.080(A), an AUP is required for fences more than 6 ft in height and on lot line or within required lot line setbacks for main building.

1. The project proposes a 12-foot fence along the eastern lot line, consisting of a 6- foot wood fence atop two 3-foot staggered concrete retaining walls – measuring 6 feet, that will be used for privacy screening for the main residence and the adjacent property at 1050 Keith Avenue.

The wood fence and concrete retaining walls will not contain barbed or razor wire, sharp or jagged glass, sharp or jagged metal components, or similar hazardous materials, adhering to the construction material restrictions in BMC Section

23.304.080(C).

III. OTHER FINDINGS FOR APPROVAL
Pursuant to BMC Section 23.326.030(B), the Zoning Adjustments Board (ZAB) may approve a Use Permit to eliminate or demolish a dwelling unit only upon finding that eliminating the dwelling unit will not be materially detrimental to the housing needs and public interest of the affected neighborhood and Berkeley.

1. The proposed project will replace an existing dwelling unit with a newly constructed dwelling unit.

2. The Rent Stabilization Board had reviewed that the existing residence has confirmed that the residence has not been removed from the rental market under the Ellis Act in the past five years, and there is no evidence of harassment or any threatened or actual illegal eviction over the past three years.

3. The dwelling proposed for demolition was vacated in July of 2024, and is not subject to tenant relocation provisions under BMC Chapter 23.326, and it does not involve the displacement of any tenants.

Per BMC Section 23.210.020(C)(4), the minimum required main building lot line setbacks in the underlying base district can be reduced upon finding that the reduction is consistent with BMC

23.210.020(A), Purpose of the Hillside Overlay.

The purpose of the Hillside Overlay district is to:
• Implement General Plan policies for hillside development; • Protect the safety and health of residents where steep topography, unusual street conditions and proximity to the wildland-urban interface create severe risk from wildfire; • Protect the character of Berkeley’s hillside areas and their immediate environs; • Give reasonable protection to views yet allow appropriate development of all property; • Allow modifications in standard setback and height requirements when justified because of steep topography, irregular lot pattern, un usual street conditions, or other special aspects of the hillside areas.

1. The proposed two-story residence will be constructed and will encroach 5 feet into the required 20-foot required rear setback. The site is lot that has an irregular shape, and features a steep drop from the street down to a more level area, characteristics which limit the placement options for the residence and the parking pad.

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2. The proposed residence is sited on the relatively flat area of the site, while the parking pad is placed within the front setback, close to the street, to eliminate the need for a steep driveway, (and its associated costs).

3. Consistent with the purpose of the Hillside Overlay district, the residence’s design will allow for the structure to adhere to the aesthetic and character of the Berkeley hillside areas, through maintaining reasonable setbacks and by limiting the height to 23.5 feet, below the 35-foot maximum.

Pursuant to BMC Section 23.322.080(E)(2 ), no portion of an off -street parking space may be located in a required front, street side, or rear setback area unless: The Zoning Adjustments Board, in consultation with the Traffic Engineer, and the space meets all applicable requirements in this section.

1. The proposed project will enlarge the 12 -foot driveway and construct a 16 1/4-foot- wide by 18-foot long two car parking pad within the required front setback, in order to minimize additional site grading.

2. A 2 -foot-wide by 18 -foot long landscaped buffer will be included to provide visual screening.

3. Residences along the southern frontages off Keith Avenue also include off-street parking within in the front setback due to limiting site conditions.

4. The proposed parking is authorized, as it was determined by the City’s Traffic Engineer that the proposed parking pad, driveway approach, and increased curb cut do not present any traffic engineering concerns.

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IV. STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
The following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

1. Conditions Shall be Printed on Plans . The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions.’ Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings.

2. Compliance Required (BMC Section 23.102.050) . All land uses and structur es in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations.

Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sections

23.404.060(B)(1) and (2)):

This Permit authorizes only the proposed project described in the application. In no way does an approval authorize othe r uses, structures or activities not included in the project description.

When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To re -establish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.

4. Conformance to Approved Plans (BMC Section 23.404.060 (B)(4)).

All work performed under an approved permit shall comply with the approved plans and any conditions of approval.

5. Exercise and Expiration of Permits (BMC Section 23.404.060(C)):

A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction. The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant. A determination that a permit has lapsed may be appealed to the ZAB in accordance with Chapter 23.410 (Appeals and Certification).

A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.

6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060(D)). Once a Permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit, except as set forth in Stand ard Condition #5 above.

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7. Permit Modifications (BMC Section 23.404.070). No change in the use or structure for which this Permit is issued is permitted unless the Permit is modified by the Board. The Zoning Officer may approve changes to plans approved by th e Board, consistent with the Board’s policy adopted on May 24, 1978, which reduce the size of the project.

8. Permit Revocation (BMC Section 23.404.080). The City may revoke or modify a discretionary permit for completed projects due to: 1) violations of permit requirements; 2) Changes to the approved project; and/or 3) Vacancy for one year or more. However, no lawful residential use can lapse, regardless of the length of time of the vacancy. Proceedings to revoke or modify a permit may be initiated by the Zon ing Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Hold Harmless. The permittee agrees as a condition of approval of this application to indemnify, protect, defend with counsel selected by the City, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expen ses of whatever nature, including reasonable attorney’s fees and disbursements (collectively, “Claims”) arising out of or in any way relating to the approval of this application, any actions taken by the City related to this entitlement, or any environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 210000 et seq., for this entitlement and related actions. The indemnification shall include any Claims that may be asserted by any person or entity, including the permittee, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the City, and any agency or instrumentality thereof, and its elected and appointed offici als, officers, employees and agents.

The permittee’s duty to defend the City shall not apply in those instances when the permittee has asserted the Claims, although the permittee shall still have a duty to indemnify, protect and hold harmless the City.

V. ADDITIONAL CONDITIONS IMPOSED BY THE ZONING ADJUSTMENTS BOARD Pursuant to BMC 23.404.050(H), the Zoning Adjustments Board attaches the following additional conditions to this Permit:

Prior to Submittal of Any Building Permit:

10. Project Liaison. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction -related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response, and submit written reports of such complaints and acti ons to the project planner on a weekly basis. Please designate the name of this individual below:
 Project Liaison ____________________________________________________ Name Phone #
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11. Address Assignment. The applicant shall file an “Address Assignment Request Application” with the Permit Service Center ( 1947 Center Street) for any address change or new address associated with this Use Permit. The new address(es) shall be assigned in accordance with BMC 16.28.030, and, except for new buildings on vacant lots, entered into the City’s database after the building permit is issued but prior to final inspection.

Prior to Issuance of Any Building & Safety Permit (Demolition or Construction)

12. Demolition. Demolition of the existing building cannot comm ence until a complete application is submitted for the replacement building. In addition, all plans presented to the City to obtain a permit to allow the demolition are subject to these conditions.

13. Construction and Demolition Diversion. Applicant shall submit a Construction Waste Management Plan that meets the requirements of BMC Chapter 19.37 including 100 percent diversion of asphalt, concrete, excavated soil and land -clearing debris and a minimum of 65 percent diversion of other nonhazardous construction and demolition waste.

14. Toxics. The applicant shall contact the Toxics Management Division (TMD) at 1947 Center Street or (510) 981-7470 to determine which of the following documents are required and timing for their submittal:

Phase I and Phase II Environmental Site Assessment (ESA) (per ASTM 1527). A recent Phase I ESA (less than 2 years old) shall be submitted to the Toxics Management Division for developments for: all new commercial, industrial and mixed -use developments and all improvement projects that require work 5 or more feet below grade, and all new residential buildings with more than four dwelling units located in the Environmental Management Area (or EMA). The EMA can be viewed at: City of Berkeley Community GIS Portal (arcgis.com) Depending on the findings in the Phase I, a Phase II or additional investigation may be necessary. Any available soils and groundwater analytical data available for projects listed in this section must also be submitted to TMD.

Environmental Site Clearance. The applicant shall provide environmental screening clearance from either the San Francisco Bay Regional Water Quality Control Board (RWQCB), Department of Toxic Substances Control (DTSC), or the Alameda County Department of Environmental Health’s Local Oversight Program (LOP). Clearance from one of these regulatory agencies will ensure that the property meets development investigation and cleanup standards for the specific use proposed on the property. Environmental screening clearance shall be submitted to the City of Berkeley’s Toxics Management Division prior to issuance of any building permits.

Soil and Groundwater Management Plan . A site -specific Soil and Groundwater Management Plan (SGMP) shall be submitted to Toxics Management Division (TMD) for all non-residential projects, and residential or mixed -use projects with more than four dwelling units, that: (1) are in the Environmental Management Area (EMA), as shown on the most recent City of Berkeley EMA map, and (2) propose any excavations deeper than 5 feet below grade or if significant soils removal is anticipated. The SGMP shall be submitted to the TMD with the project’s building permit application and shall be approved by TMD prior to issuance of the building permit.

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The SGMP shall comply with the hazardous materials and waste management standards required by BMC Section 15.12.100, the stormwater pollution prevention requirements of San Francisco Bay Regional Water Quality Control Board’s Order No. R2 -2009-0074, California hazardous waste genera tor regulations (Title 22 California Code of Regulations (CCR) 66260 et seq.), and the East Bay Municipal Utility District’s Ordinance 311, and shall include the following:
i. procedures for soil and groundwater management including identification of pollutan ts and disposal methods;
ii. procedures to manage odors, dust and other potential nuisance conditions expected during development;
iii. notification to TMD within 24 hours of the discovery of any previously undiscovered contamination; and
iv. the name and phone number of the individual responsible for implementing the SGMP and who will respond to community questions or complaints.

TMD may require additional information or impose additional conditions as deemed necessary to protect human health and the environment. All r equirements of the approved SGMP shall be deemed conditions of approval.

Demolitions & Renovations – Building Materials Survey. A hazardous materials survey for building materials and plans on hazardous materials and hazardous waste removal and disposal is required and must be prepared by qualified professionals, and submitted to the Toxics Management Division (TMD) prior to issuance of the building permit. i. The survey shall include the identification of all materials to be disturbed for lead-based paints, PCB containing equipment and caulking, hydraulic fluids, refrigerants, treated wood, and mercury containing devices (including f luorescent light bulbs and mercury switches), asbestos and other hazardous materials and chemicals. ii. If asbestos is identified, Bay Area Air Quality Management District Regulation 11 -2- 401.3 a notification must be made and the J number must be made available to the City of Berkeley Permit Service Center. Contractors must follow state regulations where there is asbestos-related work involving 100 square feet or more of asbestos containing material (8 Cal. Code Regs. §1529, §341.6 et seq.)
iii. The report to the TMD shall include, in addition to the survey, plans on hazardous materials and hazardous waste removal and disposal that comply with State and Federal codes including California Code of Regulations (CCR) 66260 et seq. iv. Documentation evidencing disposal of hazardous waste in compliance with the survey shall be submitted to TMD within 30 days of the completion of the demolition.

Please note, the PCB Screening Form required by Public Works, Engineering, is a separate requirement and does not address the PCB id entification requirement of the Toxics Management Division.

ITEM #1, ATTACHMENT 1
ZAB 2025-01-09

1048 KEITH AVENUE - USE PERMIT #ZP2024-0014 FINDINGS & CONDITIONS January 9, 2025 Page 9 of 16
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Hazardous Materials Business Plan . A Hazardous Materials Business Plan (HMBP) in compliance with BMC Section 15.12.040 and California Health & Safety Code, Chapter 6.95 Div. 20, shall be submitted to the Toxics Management Division through the California Environmental Reporting System: http://cers.calepa.ca.gov/ for chemicals used or stored on site during construction that exceed reporting thresholds. The reporting is required if your facility stores or handles hazardous materials in aggregate quantities equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet of compressed gases, or generates any quantity of hazardous waste. This includes welding gases, emergency generator fuel, paints, etc.

Additionally, the business occupant must submit an HMBP within 30 days of starting operations.

Petroleum Storage . An (SPCC) Plan is required to be prepared and implemented for facilities with any one of the following:
i. aggregate aboveground petroleum storage capacities of 1,320 gallons or more stored in aboveground storage containers, tanks, oil-filled equipment, or ii. one or more tank(s) in an underground area (TIUGA) with petroleum storage capacities of 55 gallons or greater. More information on TIUGAs can be found here:
https://osfm.fire.ca.gov/divisions/pipeline-safety-and-cupa/certified-unified-program- agency-cupa/aboveground-petroleum-storage-act/tank-in-an-underground-area-tiuga/ The SPCC plan must be prepared prior to beginning operations and you must submit facility information to Toxics Management Division (TMD) through the California Environmen tal Reporting System: http://cers.calepa.ca.gov/. The SPCC plan will be reviewed during the site inspection and shall not be submitted in CERS or to the TMD.

Prior to Issuance of Any Building (Construction) Permit

15. HVAC Noise Reduction. Prior to the issuance of building permits, the project applicant shall submit plans that show the location, type, and design of proposed heating, ventilation, and cooling (HVAC) equipment. In addition, the applicant shall provide product specification sheets or a report from a qualified acoustical consultant showing that operation of the proposed HVAC equipment will meet the City’s exterior noise requirements in BMC Section 13.40.050. The City’s Planning and Development Department shall review the submitted plans, including the selected HVAC equipment, to verify compliance with exterior noise standards.

16. Solar Photovoltaic (Solar PV) and Battery Energy Storage Systems (ESS). A solar PV system shall be installed, subject to specific limited exceptions, as specified by the Berkeley Energy Code (BMC Chapter 19.36). Energy storage system (ESS) readiness (new single-family, duplex, and townhouse homes) or ESS installation (new multifamily and most nonresidential buildings) shall be comple ted as specified by BMC Chapter 19.36. Location of the solar PV system and the ESS, if applicable, shall be noted on the construction plans. (Project required to meet applicable code at time of building permit application, if different from above.) ITEM #1, ATTACHMENT 1
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17. Electric Vehicle (EV) Charging. Each dwelling unit shall install a listed raceway, wiring, and load capacity to allow for future Level 2 (40 amp) plug -in electric vehicle (EV) charging system installation, or any more stringent EV charging requirements as specified by the Berkeley Green Code (BMC Chapter 19.37). Readiness for EV charging and EV charging station installations shall be noted on the construction plans. (Project required to meet applicable code at time of building permit application, if different from above.)

18. Recycling and Organics Collection. Applicant shall provide recycling and organics collection areas for occupants, clearly marked on plans, which comply with the Alameda County Organics Reduction and Recycling Ordinance (2021 -02). Contact the Zero Waste Division’s Recycling Program Manager, Julia A. Heath, at [email protected].

19. Public Works ADA. Plans submitted for building permit shall include replacement of sidewalk, curb, gutter, and othe r streetscape improvements, as necessary to comply with current City of Berkeley standards for accessibility.

Prior to Demolition or Start of Construction:

20. Construction/No Parking Permits. Contact the Permit Service Center (PSC) at 1947 Center Street or 981 -7500 for details on obtaining Construction/No Parking Permits (and associated signs and accompanying dashboard permits). Please note that the Zoning Officer and/or Traffic Engineer may li mit off-site parking of construction -related vehicles if necessary to protect the health, safety or convenience of the surrounding neighborhood.

During Construction:

21. 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.

22. Survey Required. The height and location of the proposed structure, property lines and sp ot elevations shall be verified by a licensed surveyor or engineer on site after foundation forms are placed, but before pouring concrete or placing construction material in its permanent position.

This verification shall be to the satisfaction of the Zoning Officer.

23. Public Works - Implement Bay Area Air Quality Management District (BAAQMD) - Recommended Measures during Construction. For all proposed projects, BAAQMD recommends implementing all the Basic Construction Mitigation Measures, listed below to meet the best management practices threshold for fugitive dust:

All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

All vehicle speeds on unpaved roads shall be limited to 15 mph.

All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

ITEM #1, ATTACHMENT 1
ZAB 2025-01-09

1048 KEITH AVENUE - USE PERMIT #ZP2024-0014 FINDINGS & CONDITIONS January 9, 2025 Page 11 of 16
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Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

All construction equipment shall be maintained and properly tuned in accordance with manufacturer specifications. All equipment shall be checked by a certified visible emissions evaluator.

Post a publicl y visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District ’s phone number shall also be visible to ensure compliance with applicable regulations.

24. 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:

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
All construction equipment shall be equipped w ith 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 equipm ent shall be properly maintained and tuned in accordance with manufacturer specifications.

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.

ITEM #1, ATTACHMENT 1
ZAB 2025-01-09

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25. Construction and Dem olition Diversion . Divert debris according to your plan and collect required documentation. Get construction debris receipts from sorting facilities in order to verify diversion requirements. Upload recycling and disposal receipts if using Green Halo and submit online for City review and approval prior to final inspection. Alternatively, complete the Construction Waste Management Plan and present it, along with your construction debris receipts, to the Building Inspector by the final inspection to demonstrate diversion rate compliance. The Zoning Officer may request summary reports at more frequent intervals, as necessary to ensure compliance with this requirement.

26. Low-Carbon Concrete. The project shall maintain compliance with the Berkeley Green Code (BMC Chapter 19.37) including use of co ncrete mix design with a cement reduction of at least 25 percent. Documentation on concrete mix design shall be available at all times at the construction site for review by City Staff. (Project required to meet applicable code at time of building permit application, if different from above.)

27. 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 reproductiv e 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. N esting bird surveys are not required for construction activities occurring between August 31 and January 31.

28. 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:

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.

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 d etermination 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.

ITEM #1, ATTACHMENT 1
ZAB 2025-01-09

1048 KEITH AVENUE - USE PERMIT #ZP2024-0014 FINDINGS & CONDITIONS January 9, 2025 Page 13 of 16
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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.

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

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

29. 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 spe cific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.

30. Paleontological Resources ( Ongoing throughout demolition , grading, and/or construction). In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify t he appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.

31. 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.

32. Stormwater Requirements. The applicant shall demonstrate compliance with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) permit as described in BMC Section 17.20. The following conditions apply:

ITEM #1, ATTACHMENT 1
ZAB 2025-01-09

1048 KEITH AVENUE - USE PERMIT #ZP2024-0014 FINDINGS & CONDITIONS January 9, 2025 Page 14 of 16
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The project plans shall identify and show site -specific Best Management Practices (BMPs) appropriate to activities conducted on -site to limit to the maximum extent practicable the discharge of pollutants to the City's storm drainage system, regardless of season or weather conditions.

Trash enclosures and/or recycling area(s) shall be covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system; these drains should connect to the sanitary sewer. Applicant shall contact the City of Berkeley and EBMUD for specific connection and discharge requirements. Discharges to the sanitary sewer are subject to the review, approval and conditions of the City of Berkeley and EBMUD.

Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize the use of fertilizers and pesticides that contribute to stormwater pollution. Where feasible, landscaping should be designed and operated to treat runoff.

When and where possible, xeriscape and drought tolerant plants shall be incorporated into new development plans.

Design, location and maintenance requirements and schedules for any stormwater qua lity treatment structural controls shall be submitted to the Department of Public Works for review with respect to reasonable adequacy of the controls. The review does not relieve the property owner of the responsibility for complying with BMC Chapter 17.20 and future revisions to the City's overall stormwater quality ordinances. This review shall be shall be conducted prior to the issuance of a Building Permit.

All paved outdoor storage areas must be designed to reduce/limit the potential for runoff to contact pollutants.

All on-site storm drain inlets/catch basins must be cleaned at least once a year immediately prior to the rainy season. The property owner shall be responsible for all costs associated with proper operation and maintenance of all storm drainage facilities (pipelines, inlets, catch basins, outlets, etc.) associated with the project, unless the City accepts such facilities by Council action. Additional cleaning may be required by City of Berkeley Public Works Engineering Dept.

All on-site storm drain inlets must be labeled “No Dumping – Drains to Bay” or equivalent using methods approved by the City.

Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge or soaps or other pollutants to the storm drain. Sanitary connections are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

All loading areas must be designated to minimize “run -on” or runoff from the area.

Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer or intercepted and pretreated prior to dischar ge to the storm drain system. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control and spill cleanup.

Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. If any cleaning agent or degreaser is used, wash wate r shall not discharge to the storm drains; wash waters should be collected and discharged to the ITEM #1, ATTACHMENT 1
ZAB 2025-01-09

1048 KEITH AVENUE - USE PERMIT #ZP2024-0014 FINDINGS & CONDITIONS January 9, 2025 Page 15 of 16
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sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. If any cleaning agent or degreaser is us ed, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

The applicant is responsible for ensuring that all contractors and sub -contractors are aware of and implement all stormwater quality control measures. Failure to comply with the approved construction BMPs shall result in the issuance of correction notices, citations, or a project stop work order.

33. Public Works. Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site.

34. Public Works. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one -eighth millimeter thick and secured to the ground.

35. Public Works. The applicant shall ensure that all excavation accounts for surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.

36. Public Works. The project sponsor shall maintain sandbags or other devices around the site perimeter during the rainy season to prevent on -site soils from being washed off -site and into the storm drain system. The project sponsor shall comply with all City ordinances regarding construction and grading.

37. Public Works. Prior to any excavation, grading, clea ring, or other activities involving soil disturbance during the rainy season the applicant shall obtain approval of an erosion prevention plan by the Building and Safety Division and the Public Works Department. The applicant shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department.

38. Public Works. The removal or obstruction of any fire hydrant shall require the submission of a plan to the City’s Public Works Department for th e relocation of the fire hydrant during construction.

39. Public Works / Building and Safety . If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division, and carry out any necessary corrective action to their satisfaction.

Prior to Final Inspection or Issuance of Occupancy Permit:

40. Compliance with Conditions The project shall conform to the plans and statements in the Use Permit. The developer is responsible for providing sufficient evidence to demonstrate compliance with the requirements throughout the implementation of this Use Permit.

ITEM #1, ATTACHMENT 1
ZAB 2025-01-09

1048 KEITH AVENUE - USE PERMIT #ZP2024-0014 FINDINGS & CONDITIONS January 9, 2025 Page 16 of 16
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At All Times:

41. Compliance with Approved Plan. The project shall conform to the plans and statements in the Use Permit.

42. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated December 9, 2024.

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

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

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

46. Loading. All loading/unloading activities associated with deliveries to all uses shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. daily.

47. Residential Electric Vehicle (EV) Charging. Required Level 2 charging stations and low power Level 2 EV charging receptacles, as specified by the Berkeley Green Code (BMC Chapter 19.37) shall be maintained in good working condition and made available for building resident use. (Project required to meet applicable code at time of buil ding permit application, if different from above.)
ITEM #1, ATTACHMENT 1
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
1044 KEITH AVENUE

JOACHIM KAINZ & LINDSAY NEWMAN
BERKELEY, CA 94708

GENERAL NOTES & SITE PLAN

PROJECT INFORMATION
OWNERS:

CONSTRUCTION TYPE:

OCCUPANCY:

SHEET INDEX
A1
RESIDENTIAL RH-3
V-B

PROPOSED NORTH & SOUTH ELEVATIONS (& PARTIAL N/W)
A2
A3
A4
A5
P.313.615.9400
A6

PROJECT SCOPE
1) DEMOLISH 1-STORY, SINGLE FAMILY DWELLING.

EXISTING FIRST FLOOR PLAN & CRAWLSPACE PLAN

PROPOSED ROOF AND SECOND FLOOR PLAN

PROPOSED EAST & WEST ELEVATIONS

USE PERMIT
I have reviewed plans at 1048 Keith Ave for a proposed 2-story single family dwelling.

NAME SIGNATURE ADDRESS RENTER HAVE NO HAVE OBJECTIONS HAVE NO (PRINTED) OR OWNER OBJECTIONS (STATE BRIEFLY) COMMENT
1044 KEITH AVE
1047 KEITH AVE
1049 KEITH AVE
1050 KEITH AVE
1051 KEITH AVE
1109 HIGH CT
1111 HIGH CT
1113 HIGH CT
2) BUILD NEW 2-STORY, SINGLE FAMILY DWELLING, MAX HT: 25'

LANDSCAPE & USEABLE SPACE PLAN & LOT COVERAGE DIAGRAM
A7
A8
A9
A10
A11

STREET STRIP ELEVATION

BOUNDARY & TOPOGRAPHIC SURVEY

GRADING PLAN

PROPOSED EAST WEST SECTIONS

PROPOSED LONGITUDINAL SECTIONS

PROPOSED GROUND FLOOR PLAN
A12
A13
A14
A15
A16

EXISTING NORTH & SOUTH ELEVATIONS (& PARTIAL E/W)

EXISTING EAST & WEST ELEVATIONS

STORY POLE PLAN
SHADOW STUDY: EXISTING DWELLING
A17SHADOW STUDY: PROPOSED DWELLING
A18SHADOW STUDY: COMBINED EXISTING & PROPOSED

ENERGY CODE & GREEN CODE STATEMENT

THE PROPOSED PROJECT IS DESIGNED TO COMPLY WITH THE BERKELEY ENERGY CODE (BMC CH. 19.36) & BERKELEY GREEN CODE (BMC CH. 19.37)

INCLUDING SOLAR PV SYSTEM, BATTERY ENERGY STORAGE, ELECTRIC VEHICLE CHARGING, & LOW-CARBON CONCRETE REQUIREMENTS. NOTE

THAT FOR BUILDING PERMIT SUBMITTAL, QUANTITATIVE VALUES FOR

APPLIANCE FUEL EFFIECIENCY MUST BE INCLUDED IN RELEVANT BUILDING

PERMIT ARCHITECTURAL SHEETS, WINDOW & DOOR SCHEDULES, & ON

ARCHITECTURAL, PLUMBING, & MECHANICAL SHEETS, MATCHING THOSE

VALUES STIPULATED IN PRESCRIPTIVE OR PERFORMANCE ENERGY COMPLIANCE DOCUMENTS.

CEQA GUIDELINE NOTES:

ALL PROJECT CONSTRUCTION EQUIPMENT SHALL HAVE AT LEAST
EPA-RATED TIER 3 DIESEL ENGINES.

ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

Instructions: The Story Pole Height and Location Certification and Story Pole Data Table must be executed by a registered land surveyor, architect, or civil engineer, directly on a copy of the Story Pole Plan. The completed certification must be submitted to the City prior to the application being deemed complete by staff.

Required Certification Statement:

I hereby certify that the story poles loated on the referenced site were constructed under my supervision and survey, and the story poles are in conformance with the design, height, and location as shown on the story pole plan. I further certify that 1) the story pole identification numbers, 2) story pole location base grade elevations, 3) story pole heights, and 4) the proposed maximum height elevations are true and correct. I acknowledge and understand that the required project story poles are for the purpose of informing the owner, architect, designer, City staff, Zoning Adjustments Board, and the public as to the accurate location and exterior dimensions of the proposed structure or addition.

Signature of Architect, Registered Land
Name (Printed or typed)
License No./ Expiration Date
Date
Surveyor, or Civil Engineer

STORY POLE HEIGHT AND LOACATION CERTIFICATION

LINDSAY NEWMAN, PE
C-94808 / 06.30.2025

8.21.2024

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

LINDSAY NEWMAN, PE

CIVIL ENGINEER
P.313.615.9400
[email protected]
ITEM #2, ATTACHMENT 2
ZAB 2025-01-09

10-10-2024
ITEM #2, ATTACHMENT 3
ZAB 2025-01-09

1 Jacob, Melinda
From: Zoning Adjustments Board (ZAB)
Subject: FW: Use Permit application #ZP2024-0014 1048 Keith Agenda item for 10/10 From: John Doppke <[email protected]>
Sent: Wednesday, October 9, 2024 7:13 PM
To: Zoning Adjustments Board (ZAB) <[email protected]> Subject: Use Permit application #ZP2024‐0014 1048 Keith Agenda item for 10/10 WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hello,
I live at 1051 Keith Ave, and wanted to add a comment to the permit application for 1048 Keith:

Like a number of my neighbors I've spoken to, I'm very concerned by the prospect of my neighbors trying to claim land from one another in a well‐known landslide zone. I have no interest in being the judge of who should own the disputed area—that's not my job. But if this process continues, it threatens to upend our whole street, leading to a chain of neighbors suing
one another only to wind up with the same amount of land, just a few feet up the hill. That seems like madness to me, and not the spirit in which we've lived alongside each other for years.

I'm also distu
rbed by the fact that the permit applicant has already destroyed property in the disputed area—the fence, an unused chicken coop, and I believe some trees. It's possible that those actions were provoked; I don't cl aim to know everything that has transpired. But regardless, I think it's only fair to block any further permanent actions, including building in the disputed area, until the dispute has been resolved.

Thank you,
John Doppke
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

1 Jacob, Melinda
From: Zoning Adjustments Board (ZAB)
Subject: FW: 1048 Keith Avenue
Attachments: Greetings Berkley ZAP.pdf
From: Darius Gangei <[email protected]>
Sent: Monday, September 23, 2024 11:08 PM
To: Zoning Adjustments Board (ZAB) <[email protected]> Subject: 1048 Keith Avenue
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hi there, Zoning Adjustment Board,
I've attached our letter to add to the September 26th Meeting for the ZP2024-0014 permit. We are objecting to the permit and will be there in person to share our grievances.

Sincerely,
Darius Gangei | Lighting Designer & Architectural Designer [email protected]
Mobile Line (415) 706‐3902
-----------
Please keep in mind that the contents of this e-mail and any attachments are private, confidential, and intended for the recipient. They may contain information subject to legal privilege and protected by the Electronic Communications Privacy Act, 18 U.S.C. §2510 et seq. Please also be sure to check any attachments for viruses before opening them. Thank you for your cooperation and understanding.

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

Greetings Berkeley Zoning Adjustment Board,
My name is Darius Gangei, Son of the Gangei Family residing at 1050 Keith since 2001. I Graduated from my Alma mater, Berkeley High School, in 2011. Growing up in a community such as Berkeley has been a blessing.

Many of you may already know that Berkeley Hills is in a Fault Zone and Landslide Zone and that movement of the land beneath our homes has caused Fences, Yards, and entire buildings to slip downhill, causing each neighbor
’s historically identified property corners to encroach into the neighbors and vice versa. Most good neighbors mitigate conflict by accepting the status quo. Lose some ground on the uphill side and gain some ground on the downhill side. Some neighbors wish to fight the status quo, keep their gained downhill ground, and take back l and from their uphill neighbor. This is what is happening to my family .

On 9/24/2019, the Newman/ Kainz Family residing at 1044 Keith bought the next uphill home,1048 Keith, from Peter and Cyndi Berck, which abuts 1050 Keith uphill from it.

On 11/16/20 Mr. Kainz hired Moran Engineering to perform a survey of 1048 Keith, the survey showed that 20 feet of land being used at 1050 Keith for the previous 23 years, fence line, Mature 50+ year-old apple trees were inside of 1048 Keith’s property lines. Subsequently, they developed a plan to Demolish the existing home at 1048 Keith and build a new 2-story house in a new location, requiring the demolition and construction of a retaining wall in what is currently my family's backyard. All are based on a survey where the surveyor states that the survey is not reliable by 5 or MORE feet. see (Exhibit A. and B).

Rather than go through the legal route to obtain approval and mutual agreement, on 4/7/24, Newman/ Kainz CUT DOWN my family's fence himself with a power saw. My family awoke to this invasion and called the police, but the police did nothing. Kainz ignored cease-and-desist letters and in-person pleas to stop as he used powered tools to clear-cut the l and, rip out trees, tear down chicken coops, and remove pet grave markers to erase their existence. The invasion, harassment, and destruction has been nearly everyday since. Even as I write this letter they are creating a hostile environment in the neighborhood.

My family is
fearful to go into their own yard.

Neighbors have experienced and some have even called the cops as they witness the harassment and have been there to condole us as this invasion happens on a daily basis. As it states in the Berkeley city ordnance no noise on weekends before 9am but Mr.Kainz starts at 7am to remind us and the whole neighborhood of their presence while abusing the rights of the cease-and-desist, lawsuit and lis pendens filed against the property.

Multiple conversations have taken place since October of 2023 Bahram Gangei and Erica Eagle have objected in person, over email and on the phone dating back before the community outreach (Exhibit D) that stated we have not been informed and that a letter was sent certified to avoid our objection to their plans for submittal. We had tried the mediation through the city personal in recommendation from both parties but no resolution or agreement could be reached.

We ask you the Zoning Adjustment Board to halt all permit progress until a resolution in the courts can be reached.

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

Exhibit B.

Exhibit C. A cascade of encroachments 1058 > 1056 > 1054 > 1050 > 1048 > 1044 > 1042 Exhibit A.

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

Exhibit D.

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

From: Bahram Gangei
To: Shah, Waqar
Subject: RE: ZAB - Use Permit#ZP2024-0014 - 1048 Keith Ave. Berkeley Date: Tuesday, November 19, 2024 5:52:31 PM
Attachments: image002.png
Hi Mr. Shah,
The Newman family specially Joachim, has become more aggressive in their conduct being emboldened by the city allowing them to put the story poles in a disputed area. On a daily basis they destroy our trees/plants and leave the debris/trash scattered on our property.

Please ask the Newman family to remove the story poles from the disputed area until it is mitigated either amicably as it should be or with the lawsuit.

He came close to me this afternoon on several occasions while cleaning the grounds in my own yard and shouted at me and my gardner and proceeded to block me from walking to my back shed and followed me for minutes not giving me an inch of space. He came back with a pair of loppers while continuing to get dangeroulsy close and proceeded to grab a chair and gaze into our yard for 2 hours.

This is just one example of why my wife at this moment does not feel safe living in this environment, forcing her to spend her time elsewhere causing extreme emotional distress to my family.

Our neighbors are very concerned with this unsafe condition and the implications it may cause.

We appreciate your support to resolve this issue amicably and hope you can support in providing peace for my family and the greater Keith Ave community.

Best Regards,
Bahram Gangei.

On 11/12/2024 4:55 PM PST Shah, Waqar <[email protected]> wrote:

Hi Bahram—Thank you for your email. At this time, it is still pending.

Best,

Waqar
______________________________________________________________ Waqar Shah (he/him)
Associate Planner
Planning and Development, Land Use Division
1947 Center St., 2
nd Floor, Berkeley, CA 94704
Phone: (510) 981.7469
Website: www.berkeleyca.gov
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

Email: [email protected]
The Permit Service Center (PSC), including the zoning counter, is open between 8:30 am – 2:30 pm (final check in at 2:00 pm) Monday through Thursday.

To limit the spread of COVID-19, face masks and social distancing are required when visiting our offices, and some Planning staff continue to work remotely.

All permit-related and Zoning services are available online. Please visit us online
for more information.

From: BG Personal <[email protected]>
Sent: Tuesday, November 12, 2024 1:49 PM
To: Shah, Waqar <[email protected]>
Subject: Re: ZAB - Use Permit#ZP2024-0014 - 1048 Keith Ave. Berkeley

Hi Mr. Shah,
We are anticipating the city decision on the referenced permit that will ripple effect multiple immediate neighbors property deeded area square footage with property vales and taxes etc.,
Please let me know if the city is planning to postpone the permit until the dispute is settled.

The Newman family have been emboldened to increase their aggression of threatening, stealing and damaging our properties and caught on video last Sunday in the disputed area saying there is going to be a bulldozer coming to clear 60-year old apple trees, walls etc.,
Please let us know the status of this permit while we are tryring to make sence of their conduct and with City's help to amicably resolve this issue.

Best Regards,
Bahram Gangei.

Sent from my iPhone
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

On Oct 15, 2024, at 4:18 PM, BG Personal <[email protected]> wrote:

Hi Mr, Shah,
Thank you for the update. Much appreciated.

My attorney and other neighbors are inquiring if the city is considering the property line dispute logistics to mitigate, in addition to the standard plan check reviews?
Thank you,
Bahram Gangei.

Sent from my iPhone
On Oct 15, 2024, at 3:13 PM, Shah, Waqar
<[email protected]
> wrote:

Hi Bahram-- Thank you for this supplemental item. This
will be included in the staff report to ZAB when the
project goes to hearing. At this time 1048 Keith's Project is continued to an unknown date, and that the hearing
notice will be mailed and posted two weeks before it
goes back to ZAB. You will be informed as progress is
made.

Best,

Waqar
______________________________________________________________ Waqar Shah (he/him)
Associate Planner
Planning and Development, Land Use Division
1947 Center St., 2nd Floor, Berkeley, CA 94704
Phone: (510) 981.7469
Website: www.berkeleyca.gov
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

-----Original Message-----
From: Bahram Gangei <[email protected]
>
Sent: Tuesday, October 15, 2024 11:55 AM
To: Zoning Adjustments Board (ZAB)
<[email protected]
>; Garcia, Claudia
<[email protected]>; [email protected]
Subject: ZAB - Use Permit#ZP2024-0014 - 1048 Keith
Ave. Berkeley

WARNING: This is not a City of Berkeley email. Do not
click links or attachments unless you trust the sender and know the content is safe.

Dear ZAB Board Members & Ms. Garcia,
Attached, please find the documents and exhibits for
your review in regards to the encroachment intended by
the new peoject at the referenced site.

The 44-page geological report was sent to Mr. Shah with respect to the 15-page max. limit submittal to the ZAB board members.

Please let me know if you have any questions.

Best Regards,
Bahram Gangei.

Mobile: 510-612-5821
Email: [email protected]
<attachment 1.pdf>
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

1 Jacob, Melinda
From: Zoning Adjustments Board (ZAB)
Subject: FW: ZAB - Use Permit#ZP2024-0014 - 1048 Keith Ave. Berkeley Attachments: attachment 1.pdf
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bahram Gangei <[email protected]>
Sent: Tuesday, October 15, 2024 11:55 AM
To: Zoning Adjustments Board (ZAB) <[email protected]>; Garcia, Claudia <[email protected]>; [email protected]
Subject: ZAB ‐ Use Permit#ZP2024‐0014 ‐ 1048 Keith Ave. Berkeley

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Dear ZAB Board Members & Ms. Garcia,

Attached, please find the documents and exhibits for your review in regards to the encroachment intended by the new peoject at the referenced site.

The 44‐page geological report was sent to Mr. Shah with respect to the     15‐page max . limit submittal to the ZAB board members.

Please let me know if you have any questions.

Best Regards,
Bahram Gangei.

Mobile: 510‐612‐5821
Email: [email protected]
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

From: Bahram Gangei
To: Shah, Waqar
Subject: Re: ZAB - Use Permit#ZP2024-0014 - 1048 Keith Ave. Berkeley Date: Wednesday, December 4, 2024 10:01:00 AM
Hi Mr. Shah,
Hope all is well.

Please let us know the results of the new survey as referenced in your email.

I had cancelled my appointment for a new survey based on your recommendation on 10/3 to hold off.

Please let me know if the city has a new survey that aligns with the downhill neighbors added GSF parcels.

Best Regards,
Bahram Gangei.

On 11/20/2024 2:15 PM PST BG Personal <[email protected]> wrote:

Hi Mr. Shah,
Could you elaborate on what a revised survey means?
We and the immediate neighbors are expecting the City/Newman family to follow the deeded square footage for all properties with an equitable and fair adjustment to all parties.

Given the hearing being pushed back to January, could we please have the story poles taken down on the disputed area as they have already been reviewed by the city and will be adjusted based on the outcome of the dispute.

Also we have called the police several times and we are consistently told there is nothing to be done until the land dispute is finalized. We as a community feel the city has the power to find an equitable agreement/solution to end this dispute and prevent any further property line issues of this magnitude in the future.

Best Regards,
Bahram Gangei
On Nov 20, 2024, at 9:23 AM, Shah, Waqar <[email protected]> wrote:

Hi Bahram—Your message is received. The applicant has submitted a revised survey with the most current information and is now scheduled for the January 9th, 2024 ZAB hearing. As I work in the planning department, I am only able to address zoning-related matters and am unable to assist with neighborhood relations concerns. For those issues, please contact the police department.

Best regards,
Waqar
______________________________________________________________

<image003.png>
Waqar Shah (he/him)

Associate Planner
Planning and Development, Land Use Division
1947 Center St., 2
nd Floor, Berkeley, CA 94704
Phone: (510) 981.7469
Website: www.berkeleyca.gov
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

Email: [email protected]
The Permit Service Center (PSC), including the zoning counter, is open between 8:30 am – 2:30 pm (final check in at 2:00 pm) Monday through Thursday.

To limit the spread of COVID-19, face masks and social distancing are required when visiting our offices, and some Planning staff continue to work remotely.

All permit-related and Zoning services are available online. Please visit us online
for more information.

From: Bahram Gangei <[email protected]>
Sent: Tuesday, November 19, 2024 5:52 PM
To: Shah, Waqar <[email protected]>
Subject: RE: ZAB - Use Permit#ZP2024-0014 - 1048 Keith Ave. Berkeley

Hi Mr. Shah,

The Newman family specially Joachim, has become more aggressive in their conduct being emboldened by the city allowing them to put the story poles in a disputed area. On a daily basis they destroy our trees/plants and leave the debris/trash scattered on our property.

Please ask the Newman family to remove the story poles from the disputed area until it is mitigated either amicably as it should be or with the lawsuit.

He came close to me this afternoon on several occasions while cleaning the grounds in my own yard and shouted at me and my gardner and proceeded to block me from walking to my back shed and followed me for minutes not giving me an inch of space. He came back with a pair of loppers while continuing to get dangeroulsy close and proceeded to grab a chair and gaze into our yard for 2 hours.

This is just one example of why my wife at this moment does not feel safe living in this environment, forcing her to spend her time elsewhere causing extreme emotional distress to my family.

Our neighbors are very concerned with this unsafe condition and the implications it may cause.

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

We appreciate your support to resolve this issue amicably and hope you can support in providing peace for my family and the greater Keith Ave community.

Best Regards,

Bahram Gangei.

On 11/12/2024 4:55 PM PST Shah, Waqar
<[email protected]
> wrote:

Hi Bahram—Thank you for your email. At this time, it is still pending.

Best,

Waqar
______________________________________________________________

<image004.png>
Waqar Shah (he/him)

Associate Planner
Planning and Development, Land Use Division
1947 Center St., 2
nd Floor, Berkeley, CA 94704
Phone: (510) 981.7469
Website: www.berkeleyca.gov
Email: [email protected]
The Permit Service Center (PSC), including the zoning counter, is open between 8:30 am – 2:30 pm (final check in at 2:00 pm) Monday through Thursday.

To limit the spread of COVID-19, face masks and social distancing are required when visiting our offices, and some Planning staff continue to work remotely.

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

All permit-related and Zoning services are available online. Please visit us online for more information.

From: BG Personal <[email protected]>
Sent: Tuesday, November 12, 2024 1:49 PM
To: Shah, Waqar <[email protected]>
Subject: Re: ZAB - Use Permit#ZP2024-0014 - 1048 Keith Ave.

Berkeley

Hi Mr. Shah,
We are anticipating the city decision on the referenced permit that will ripple effect multiple immediate neighbors property deeded area square footage with property vales and taxes etc.,
Please let me know if the city is planning to postpone the permit until the dispute is settled.

The Newman family have been emboldened to increase their aggression of threatening, stealing and damaging our properties and caught on video last Sunday in the disputed area saying there is going to be a bulldozer coming to clear 60-year old apple trees, walls etc., Please let us know the status of this permit while we are tryring to make sence of their conduct and with City's help to amicably resolve this issue.

Best Regards,
Bahram Gangei.

Sent from my iPhone

On Oct 15, 2024, at 4:18 PM, BG Personal
<[email protected]
> wrote:

Hi Mr, Shah,
Thank you for the update. Much appreciated.

My attorney and other neighbors are inquiring if the city is considering the property line dispute logistics to
mitigate, in addition to the standard plan check reviews? Thank you,
Bahram Gangei.

Sent from my iPhone
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

On Oct 15, 2024, at 3:13 PM, Shah, Waqar
<[email protected]> wrote:

Hi Bahram-- Thank you for this
supplemental item. This will be included in
the staff report to ZAB when the project
goes to hearing. At this time 1048 Keith's
Project is continued to an unknown date, and
that the hearing notice will be mailed and
posted two weeks before it goes back to
ZAB. You will be informed as progress is
made.

Best,

Waqar
______________________________________________________________ Waqar Shah (he/him)
Associate Planner
Planning and Development, Land Use
Division
1947 Center St., 2nd Floor, Berkeley, CA
94704
Phone: (510) 981.7469
Website: www.berkeleyca.gov
Email: [email protected]
The Permit Service Center (PSC), including
the zoning counter, is open between 8:30 am
– 2:30 pm (final check in at 2:00 pm)
Monday through Thursday.

To limit the spread of COVID-19, face
masks and social distancing are required
when visiting our offices, and some
Planning staff continue to work remotely.

All permit-related and Zoning services are
available online. Please visit us online for
more information.

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

-----Original Message-----
From: Garcia, Claudia
<[email protected]
>
Sent: Tuesday, October 15, 2024 12:02 PM
To: Shah, Waqar
<[email protected]>; Updegrave,
Samantha <[email protected]>
Subject: FW: ZAB - Use Permit#ZP2024-
0014 - 1048 Keith Ave. Berkeley

Internal
HI Waqar and Samantha,
Please see email and attached document. I'm
assuming this is from the neighboring
property owner?

@Shah, Waqar: perhaps you should respond
to acknowledge receipt of the information.
@Updegrave, Samantha: what do you think?

Best,
Claudia

-----Original Message-----
From: Bahram Gangei
<[email protected]
>
Sent: Tuesday, October 15, 2024 11:55 AM
To: Zoning Adjustments Board (ZAB)
<[email protected]>; Garcia,
Claudia <[email protected]>;
[email protected]
Subject: ZAB - Use Permit#ZP2024-0014 -
1048 Keith Ave. Berkeley
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

WARNING: This is not a City of Berkeley
email. Do not click links or attachments
unless you trust the sender and know the
content is safe.

Dear ZAB Board Members & Ms. Garcia,
Attached, please find the documents and
exhibits for your review in regards to the
encroachment intended by the new peoject
at the referenced site.

The 44-page geological report was sent to
Mr. Shah with respect to the 15-page
max. limit submittal to the ZAB board
members.

Please let me know if you have any
questions.

Best Regards,
Bahram Gangei.

Mobile: 510-612-5821
Email: [email protected]
<attachment 1.pdf>
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

1 Jacob, Melinda
From: Zoning Adjustments Board (ZAB)
Subject: FW: Comments on Public Hearing for 1048 Keith Avenue on 9.26.24 ‐‐‐‐‐Original Message‐‐‐‐‐
From: [email protected] <[email protected]>
Sent: Thursday, September 26, 2024 5:52 PM
To: Zoning Adjustments Board (ZAB) <[email protected]> Subject: Comments on Public Hearing for 1048 Keith Avenue on 9.26.24

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Dear Zoning Adjustment Board Members,

We are homeowners of 1040 Keith Avenue. We respectfully request that you do NOT issue a permi t to build in the
disputed area until after this land dispute is resolved. To issue a permit at this time when the land dispute has not been resolved would unnecessarily further complicate matters. It would also suggest that the Board is already taking sides
prematurely in favor of one side of this dispute over the other when there is no formal resolution on this land dispute.

As a matter of consistent practice, it seems prudent NOT to issue any new building permit in any disputed area in our
City which has not been officially resolved.

Thank you for considering this.

Respectfully Yours,

Shu Yang Tan & Karen Khor
Homeowners of 1040 Keith Avenue, Berkeley, CA 94708

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

1 Jacob, Melinda
From: Zoning Adjustments Board (ZAB)
Subject: FW: Use Permit application #ZP2024-0014 1048 Keith Agenda item for 10/10 ‐‐‐‐‐Original Message‐‐‐‐‐
From: Margit Stange <[email protected]>
Sent: Tuesday, October 8, 2024 4:02 PM
To: Zoning Adjustments Board (ZAB) <[email protected]> Subject: Use Permit application #ZP2024‐0014 1048 Keith Agenda item for 10/10

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

ATTN: ZAB Secretary
RE: Use Permit application #ZP2024‐0014 1048 Keith  OBJECTI ON
FROM:  Margit Stange  1058A Keith Ave.  510 693 7032

I own the property at 1058A Keith Ave., four plots uphill from 1048 Keith. I oppose granting the referenced demo/building permit or allowing any building on the site until the ongoing property line dispute with the uphill neighbor at 1050 Keith has been settled. We on the lo
wer side of Keith Ave. sit on the Keith Avenue Landslide. Since the original property lines were laid out more than a century ago, the land‐‐and our structures and property lines ‐‐ has been moving downhill (S/SW) by as much as two
inches a year. As long as we retained the use of the original square footage shown on the deed, we have lived peaceably with the situation, refraining from interfering with our neighbors' use of their original plot area. The owners of 1048 Keith contend there has been no land movement. Their bui lding plan is based on a survey which redraws the property lines such that 1050's plot would shrink significantly. But this survey, like previous surveys on the Slide, includes a disclaimer: "Due to significant land motion. . . . The boundary shown could vary . . . . on the order of 5.0' or more." (11/16/20 Moran En gineering Survey of 1048 Keith). Do not approve use permit application #ZP2024‐0014, as it is based on uncertain and disputed plot boundaries.

ITEM #2, ATTACHMENT 4
ZAB 2025-01-09

From: Lindsay Newman
To: Shah, Waqar
Subject: Re: September 26, 2024 ZAB meeting comment on 1048 Keith Date: Monday, September 23, 2024 5:40:01 PM
Thank you for sending this. I will email her later tonight.

Yahoo Mail: Search, Organize, Conquer
On Mon, Sep 23, 2024 at 5:07 PM, Shah, Waqar
<[email protected]> wrote:

From: kelly hammargren <[email protected]>
Sent: Friday, September 20, 2024 10:49 PM
To: Zoning Adjustments Board (ZAB) <[email protected]> Subject: September 26, 2024 ZAB meeting comment on 1048 Keith

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hello,

This parcel at 1048 Keith looks like a foolish place to add density as this parcel sits in the fire zone, earthquake fault zone, landslide zone trifecta.

My bigger question is, if this project is what it looks like, speculation building for sale, is the developer required to inform potential buyers they have hit the Berkeley hazard trifecta of fire, earthquake and landslide? If the "two houses" are for rent instead of sale, is the same notification required?

Checked the Earthquake Zones of Required Investigation map and found THIS PARCEL IS IN THE EARTHQUAKE FAULT ZONE practically on top of the mapped fault and A LANDSLIDE ZONE https://maps.conservation.ca.gov/cgs/EQZApp/app/

kelly hammargren
ITEM #2, ATTACHMENT 4
ZAB 2025-01-09