1740
1728
1722
1710
1704
1700
1709
2514
2109
1625
1619
1748
1730
1720
1708
1700
1686
1670
1666
1660
1652
1650
2018
2022
2032
2111
1650
1640
1636
1634
1632
1628
1624
1620
4-STORY
MULTIFAMILY
3-STORY
MULTIFAM.
2-STORY
MULTIFAM.
2-STORY
MULTIFAM.
4-STORY
MULTIFAM.
2-STORY
RESIDENTIAL
2-STORY
RESIDENTIAL
2-STORY
MULTIFAM.
1-STORY
COMM.
1-STORY
COMM.
1-STORY
COMM.
2-STORY
COMMERCIAL
2-STORY
COMMERCIAL
2-STORY
MULTIFAM. 2-STORY
MULTIFAM.
4-STORY
MULTIFAMILY
2-STORY
RES. 2-STORY
RES. 2-STORY
RES. 2-STORY
RES. 3-STORY
MULTIFAM.4-STORY
SHATUCK AVE.
VIRGINIA ST.
PROJECT SITE
2109 VIRGINIA
WALNUT ST.
LINCOLN ST.
PARKING
2-STORY
COMMERCIAL
2-STORY
RESIDENTIAL
2-STORY
RESIDENTIAL
2-STORY
RESIDENTIAL
2-STORY
COMMERCIAL
2-STORY
RESIDENTIAL
2-STORY
RESIDENTIAL
2-STORY
RESIDENTIAL
2-STORY
COMMERCIAL
2-STORY
COMMERCIAL
2-STORY
COMMERCIAL
2-STORY
COMMERCIAL
1-STORY
COMM.
COMM.
3-STORY
COMMERCIAL
1-STORY
COMMERCIAL
2141
1643
1639
1635
1631
1629
1623
1619
1618
2141
2143
2151
1686
2015
1700
2024
1650
2043 2039
2037
2031
2025
2021
1607
2-STORY
MULTIFAM.
2-STORY
MULTIFAM.
2-STORY
MULTIFAM.
2-STORY
MULTIFAM.
2-STORY
MULTIFAM.
2-STORY
RESIDENTIAL
2-STORY
RESIDENTIAL
MULTIFAM.
2-STORY
MULTIFAM.
2-STORY
MULTIFAM.
1700
STUDENT
GARDEN
COMMERCIAL
2-STORY
RES.
2-STORY
RES. 2-STORY
RES. 2-STORY
RES. 2-STORY
RES. 2-STORY
RES.
2-STORY
COMMERCIAL
2-STORY
MULTIFAM.
2-STORY
RES. 2-STORY
MULTIFAM.
2-STORY
COMMERCIAL
VICINITY MAP
A0.6
1 -
VICINITY MAP
NTS
N
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
Item 7a, Attachment 4
ZAB 2025-09-11
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
SURVEY
A2.0a
Item 7a, Attachment 4
ZAB 2025-09-11
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
SURVEY
A2.0b
Item 7a, Attachment 4
ZAB 2025-09-11
115'-0"
198'-0"
+232
LOADING ZONE
115'-0"
190'-1"
PROPOSED
BUILDING
FOOTPRINT
EXISTING
BUILDING
FOOTPRINT
185'-9"4'-4"
192'-8"5'-2"
2'-9"
76'-2" 118'-3"
58'-7" 56'-5"
15'-0"
FRONT SETBACK
2'-0"
PATHWAY
APN 058-2178-013
C-NS ZONE
R-4 ZONE R-2A ZONE
NEIGHBORING
BUILDING WITHIN 20'
NEIGHBORING
BUILDING WITHIN 20'
20'-0"
20'-0"
PROPOSED
UPPER LEVEL
BOUNDARY
6'-0"
INTERIOR
SETBACK
PROPOSED BULB-OUT
AND SIDEWALK
SEATING
PATHWAY BALCONIES
SHATUCK AVE.
VIRGINIA ST.
2109 VIRGINIA
EXISTING
COMMERCIAL USE
R-4
(COMMERCIAL USE)
R-4
(RESIDENTIAL USE)
R-2A
(RESIDENTIAL USE)
C-NS
(COMMERCIAL USE)
R-2A
(RESIDENTIAL USE)
R-2A
(RESIDENTIAL USE)
(RESIDENTIAL USE)
FRONT YARD
(VIRGINIA)
STREET SIDE YARD (SHATTUCK)
REAR YARD
INTERIOR SIDE YARD (ABUTS RESIDENTIAL)
+/- 70'-6"
24"H
PLANTER
INTERIOR
SETBACK
4'-0"
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
PROPOSED SITE
PLAN
A2.0c -
-
SITE PLAN
3/32" = 1'-0"-
8 04
N
Item 7a, Attachment 4
ZAB 2025-09-11
FRONT YARD
(VIRGINIA)
STREET SIDE YARD (SHATTUCK)
REAR YARD
INTERIOR SIDE YARD (ABUTS RESIDENTIAL)
COMMERCIAL
690 SF
GARAGE
UP TO
109 SPACES
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
RESIDENTIAL
LOBBY
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
ELEC.
STORAGE
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
MAIL
MEP
PACKAGES
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
20 23
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
TRASH
23 METERS
20 +233.94
+226.79
+228
+229
96 gal
96 gal
96 gal
96 galRESIDENT
FITNESS
ROOM
BIKE ROOM
(59 BIKES)
3 CY
BIN
3 CY
BIN
3 CY
BIN
3 CY
BIN
96 gal
96 gal
+232
LOADING ZONE
4'-4"
115'-0"
198'-0"
190'-1"
115'-0"
185'-9"
192'-8"
5'-2"
115'-0"
AWNING,
TYP.
PATHWAY TO PUBLIC RIGHT OF WAY
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
PARKLIFT
KLAUS 4300
18'-3" X 8'-6 3
8"
TRIPLE-STACK
LEASING
OFFICES
RESIDENT
LOUNGE /
WORK AREA
MEETING
ROOM
WC
BOH
2'-10"
5'-8"
96 gal
+228
+230
+227
2 A4.1
3 A4.1
1 A4.1
PROPOSED
BULB-OUT
AND SIDEWALK
SEATING
20 Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
PROPOSED
FLOOR
PLAN
A2.1 -
-
PLAN AT GROUND LEVEL
3/32" = 1'-0"-
8 04
N
Item 7a, Attachment 4
ZAB 2025-09-11
12'-1"
9'-8"
FRONT YARD
(VIRGINIA)
STREET SIDE YARD (SHATTUCK)
REAR YARD
INTERIOR SIDE YARD (ABUTS RESIDENTIAL)
PODIUM GARDEN
WASHER /
DRYER
WASHER /
DRYER
12'-1"
9'-8"
FRONT YARD
(VIRGINIA)
STREET SIDE YARD (SHATTUCK)
REAR YARD
INTERIOR SIDE YARD (ABUTS RESIDENTIAL)
MEP
MAINT.
9'-8"
198'-0"
115'-0"
190'-1"
105'-4"
186'-2"
180'-8"
35'-2"
115'-0"
34'-4"35'-6"
9'-8"
12'-6"
69'-0" 36'-0" 69'-0" 12'-1"
4'-9"
2 A4.1
3 A4.1
1 A4.1
PRIVATE
PATIO
PRIVATE
PATIO
PRIVATE
PATIO
PRIVATE
PATIO
PRIVATE
PATIO
PRIVATE
PATIO
24"H
PLANTER
24"H
PLANTER
24"H
PLANTER
~42"H
C3 PLANTER
~42"H C3 PLANTER
PRIVATE
PATIO
PRIVATE
PATIO
24"H
PLANTER
24"H
PLANTER
24"H
PLANTER
24"H
PLANTER
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
PROPOSED
FLOOR
PLAN
A2.2
8 04
-
-
PLAN AT LEVEL 2 PODIUM
3/32" = 1'-0"-
N
Item 7a, Attachment 4
ZAB 2025-09-11
WASHER /
DRYER
WASHER /
DRYER
12'-1"
9'-8"
FRONT YARD
(VIRGINIA)
STREET SIDE YARD (SHATTUCK)
REAR YARD
INTERIOR SIDE YARD (ABUTS RESIDENTIAL)
MEP
MAINT.
2 A4.1
3 A4.1
1 A4.1
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
PROPOSED
FLOOR
PLAN
A2.3 -
-
PLAN AT LEVELS 3-7
3/32" = 1'-0"-
8 04
N
Item 7a, Attachment 4
ZAB 2025-09-11
12'-1"
9'-8"
FRONT YARD
(VIRGINIA)
STREET SIDE YARD (SHATTUCK)
REAR YARD
INTERIOR SIDE YARD (ABUTS RESIDENTIAL)
WASHER /
DRYER
WASHER /
DRYER
12'-1"
9'-8"
FRONT YARD
(VIRGINIA)
STREET SIDE YARD (SHATTUCK)
REAR YARD
INTERIOR SIDE YARD (ABUTS RESIDENTIAL)
MEP
MAINT.
ROOF DECK
OPEN SPACE
WC
LOUNGE
750 SF
2 A4.1
3 A4.1
1 A4.1
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
PROPOSED
FLOOR
PLAN
A2.4 -
-
PLAN AT LEVEL 8
3/32" = 1'-0"-
8 04
N
N
Item 7a, Attachment 4
ZAB 2025-09-11
12'-1"
9'-8"
FRONT YARD
(VIRGINIA)
STREET SIDE YARD (SHATTUCK)
REAR YARD
INTERIOR SIDE YARD (ABUTS RESIDENTIAL)
12'-1"
9'-8"
8TH FLOOR DECK
OPEN TO BELOW
ELEV.
OVERRUN
MECH.
EQUIPMENT
15% SOLAR
AREA
2 A4.1
3 A4.1
UNOCCUPIED ROOF
1 A4.1
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
PROPOSED
ROOF
PLAN
A2.5 -
-
PLAN AT ROOF
3/32" = 1'-0"-
8 04
N
Item 7a, Attachment 4
ZAB 2025-09-11
2BR PLUS OFFICE
1,000 SF
1BR
677 SF
STUDIO
485 SF
17'-0"
30'-6"
30'-6"
30'-6"
34'-4"
11'-6"11'-0"
2BR CORNER UNIT AT WEST
1,075 SF
1BR AT COURTYARD
706 SF
WASHER /
DRYER
11'-9"11'-2"6'-5"
31'-4"
6'-8"9'-4"
10'-6"22'-6"
34'-6"
13'-3"
11'-0" 8'-2" 10'-10"
19'-6"
32'-0"
24'-0"
2BR CORNER UNIT AT EAST
1,075 SF
10'-6"22'-6"
34'-6"
13'-3"
11'-0" 8'-2" 10'-10"
19'-6"
32'-0"
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
PROPOSED
UNIT
PLANS
A2.6 -
-
TYPICAL UNIT PLANS
3/32" = 1'-0"-
8 04
Item 7a, Attachment 4
ZAB 2025-09-11
15'-10" 10'-0"
ROOF
FIFTH FLOOR
FOURTH FLOOR
THIRD FLOOR
SECOND FLOOR
GROUND FLOOR
SIXTH FLOOR
SEVENTH FLOOR
PARAPET
89'-4" TO ROOF
3'-6"5'-6"
T.O. STAIR
EIGHTH FLOOR
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0"
BUILDING
ELEVATIONS
A3.1
1 A3.1
WEST ELEVATION
1/16"=1'-0" @ 11X17 1/8" = 1'-0" @ 24X36
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
8 0416
Item 7a, Attachment 4
ZAB 2025-09-11
15'-10" 10'-0"
ROOF
FIFTH FLOOR
FOURTH FLOOR
THIRD FLOOR
SECOND FLOOR
GROUND FLOOR
SIXTH FLOOR
SEVENTH FLOOR
PARAPET
89'-4" TO ROOF
3'-6"5'-6"
T.O. STAIR
EIGHTH FLOOR
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0"
(SHATTUCK)
BUILDING
ELEVATIONS
A3.2
1 A3.2
SOUTH ELEVATION
1/16"=1'-0" @ 11X17 1/8" = 1'-0" @ 24X36
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
8 0416
Item 7a, Attachment 4
ZAB 2025-09-11
15'-10" 10'-0"
ROOF
FIFTH FLOOR
FOURTH FLOOR
THIRD FLOOR
SECOND FLOOR
GROUND FLOOR
SIXTH FLOOR
SEVENTH FLOOR
PARAPET
89'-4" TO PARAPET
3'-6"5'-6"
T.O. STAIR
EIGHT FLOOR
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0"
BUILDING
ELEVATIONS
A3.3
1 A3.3
EAST ELEVATION
1/16"=1'-0" @ 11X17 1/8" = 1'-0" @ 24X368 0416
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
Item 7a, Attachment 4
ZAB 2025-09-11
(SHATTUCK)
15'-10" 10'-0"
ROOF
FIFTH FLOOR
FOURTH FLOOR
THIRD FLOOR
SECOND FLOOR
GROUND FLOOR
SIXTH FLOOR
SEVENTH FLOOR
PARAPET
89'-4" TO ROOF
3'-6"5'-6"
T.O. STAIR
EIGHTH FLOOR
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0"
BUILDING
ELEVATIONS
A3.4
1 A3.4
NORTH ELEVATION
1/16"=1'-0" @ 11X17 1/8" = 1'-0" @ 24X36
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
8 0416
Item 7a, Attachment 4
ZAB 2025-09-11
(SHATTUCK AVE)
1650 WALNUT ST
1686 SHATTUCK AVE.
(WALNUT ST.)
(VIRGINIA)1709 SHATTUCK AVE.
1625 SHATTUCK AVE. 1619 SHATTUCK AVE.
2109 VIRGINIA
STREET STRIP
ELEVATIONS
A3.5
1 -
SHATTUCK AVE.
1/32"=1'-0" @ 11X17 1/16" = 1'-0" @ 24X36
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
4 016
2 -
VIRGINIA ST.
1/32"=1'-0" @ 11X17 1/16" = 1'-0" @ 24X36
32 8
4 01632 8
Item 7a, Attachment 4
ZAB 2025-09-11
PHOTO MATCH
VIEWS
A3.6
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
1 -
VIRGINIA LOOKING WEST - BEFORE
2 -
VIRGINIA LOOKING WEST - AFTER
3 A3.6
SHATTUCK LOOKING SOUTH - BEFORE
4 A3.6
SHATTUCK LOOKING SOUTH - AFTER
Item 7a, Attachment 4
ZAB 2025-09-11
CONCEPTUAL
RENDERING
A3.7
1 -
PERSPECTIVE VIEW - SHATTUCK LOOKING NORTHEAST
-
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
Item 7a, Attachment 4
ZAB 2025-09-11
CONCEPTUAL
RENDERING
A3.8
1 -
PERSPECTIVE VIEW - SHATTUCK LOOKING NORTHEAST
-
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
Item 7a, Attachment 4
ZAB 2025-09-11
CONCEPTUAL
RENDERING
A3.9
1 -
SIDEWALK VIEW - SHATTUCK LOOKING NORTH
-
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
Item 7a, Attachment 4
ZAB 2025-09-11
CONCEPTUAL
RENDERING
A3.10
1 -
PERSPECTIVE VIEW - SHATTUCK LOOKING SOUTHEAST
-
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
Item 7a, Attachment 4
ZAB 2025-09-11
CONCEPTUAL
RENDERING
A3.11
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
1 -
PERSPECTIVE VIEW - VIRGINIA LOOKING WEST
-
Item 7a, Attachment 4
ZAB 2025-09-11
VIRGINIA
PL
229.6
13'-4"
75'-0" (BELOW HIGH-RISE)
STAIRS
10'-0"
89'-4" FINISHED GRADE TO PARAPET
12'-10"
PL
1625 SHATTUCK
+229.72
+228
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
LEVEL 7
FINISHED GRADE
LEVEL 8
5'-6"
ROOF
3'-6"
STAIRS
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0"
T.O.PARAPET
T.O.STAIR
230
ELEC.GARAGE
13'-4" SHATTUCK
75'-0" (BELOW HIGH-RISE)
PL
STAIRS
89'-4" FINISHED GRADE TO PARAPET
PL
1650 WALNUT ST.
+233.94
+228 FINISHED GRADE
8'-8" 8'-8" 8'-8" 8'-8" 8'-8" 8'-8" 8'-8"
10'-0"14'-10"
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
LEVEL 7
LEVEL 8
5'-6"
ROOF
3'-6"10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0"
T.O.PARAPET
T.O.STAIR
74'-10" LOW-RISE MEASUREMENT
ALLOWABLE ENVELOPE
OF BAY WINDOW
PROJECTIONS INTO
THE RIGHT-OF-WAY
PER CBC SECTION 3202
4'-0"
8'-0" 4'-0"
2' BALCONY
PROJECTIONS
RESIDENT
FITNESS
ROOM
GARAGE
P.L. P.L.
14'-10" 3'-6"
R-ZONE C-NS ZONE
8TH FLOOR DECK
LEVEL 2
FINISHED GRADE
10'-0" 10'-0" 10'-0"10'-0" 10'-0"10'-0" 10'-0" 10'-0"
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
LEVEL 7
LEVEL 8
T.O ROOF
89'-4" FINISHED GRADE TO PARAPET
T.O. PARAPET
10'-0"
ROOF
SHATTUCK
COMMERCIALSTORAGE
+227+228 +230
ELEC.
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
3 -
NORTH SOUTH SECTION
1/16" = 1'-0"-
2 -
EAST WEST SECTION
1/16" = 1'-0"-
PROPOSED
SECTIONS
A4.1
1 -
EAST WEST SECTION
1/16" = 1'-0"-
Item 7a, Attachment 4
ZAB 2025-09-11
+233.94
+226.79
+228
+229
+232
LOADING ZONE
28'-1"
115'-0"
198'-0"
190'-1"
73'-4"
157'-8"
152'-1"20'-0"
34'-2"
+228
+230 +227
+219.33
+219.33
+228
32'-8" 13'-1" 35'-1"
20'-8"
115'-0"
41'-8"
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
1 -
PRELIMINARY GRADING PLAN
1/16" = 1'-0"-
PRELIMINARY
GRADING PLAN
A5.1
Item 7a, Attachment 4
ZAB 2025-09-11
15'-10" 10'-0"
ROOF
FIFTH FLOOR
FOURTH FLOOR
THIRD FLOOR
SECOND FLOOR
GROUND FLOOR
SIXTH FLOOR
SEVENTH FLOOR
PARAPET
89'-4" TO ROOF
3'-6"5'-6"
T.O. STAIR
EIGHTH FLOOR
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0"
BUILDING
MATERIALS
MAT
1 -
WEST ELEVATION
1/16"=1'-0" @ 11X17 1/8" = 1'-0" @ 24X36
METAL INFILL
PANELS
ALUMINUM
WINDOWS
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341 JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
05.02.2025 DRC HEARING SET
07.24.2025 ZAB HEARING SET
8 0416
ALUMINUM
STOREFRONT
WINDOW
THIN BRICK
WOOD LOOK
SIDING
THIN BRICK
WOOD LOOK SIDING
METAL INFILL
PANEL
DECORATIVE METAL
BALCONY
DECORATIVE METAL
BALCONY
Item 7a, Attachment 4
ZAB 2025-09-11
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
3 CY
BIN
3 CY
BIN
3 CY
BIN
96 gal
96 gal
96 gal
V I R G I N I A S T R E E T
4' x 8' WELLS FOR SMALLER
TREES AT VIRGINIA ST
3' X 3' SCORING
PATTERN PER
CITY STANDARDS
S H A T T U C K A V E N U E
CURB RAMP AND
CROSSING PER CITY AND
PROWAG STANDARDS, TYP.
BICYCLE RACK (2 SPACES), TYP.
-ALL BICYCLE PARKING TO BE
SPECIFIED AND INSTALLED PER
Berkeley Bicycle Plan - Appendix F -
Facility Design Toolbox
TREE WELLS EXPANDED TO 4' x 12'
WHERE UTILITIES PERMIT
-Filled w/ Flexi-Pave per City arborist
(E) STREET TREE AT SHATTUCK AVE
(5) TO REMAIN AND BE PROTECTED:
-ASH SPP.
(City Trees site unavailable as of 3.19.25)
(E) TREE TO BE REMOVED DUE
TO CONFLICT WITH PROPOSED
CURB CUT
LOW PERIMETER
PLANTING
PROPOSED STREET TREE
AT VIRGINIA STREET (2):
-WESTERN REDBUD STF
(Cercis occidentalis)
PENDING APPROVAL OF
CITY ARBORIST
STEEL RAISED
PLANTER SHIELDS
SEATING FROM STREET
-Powdercoat color
per Arch
WOOD BENCH
BISTRO TABLE + SEATS
L1-SS
NorthNorth
Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109 JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
07.24.2025 ZAB HEARING SET
Ground Level
Streetscape and UOS
000 8 16 320
1/16" = 1'-0"
A
A
B
D
per Berkeley Bicycle Plan - Appendix F - Facility Design ToolboxB C
C
D
E
CC
D
E
C
Item 7a, Attachment 4
ZAB 2025-09-11
SPECIMEN TREE
SEATING PODSSMALL ACCENT TREE PEDESTAL PAVERSWOOD BENCHES
IN-GROUND PLANTING
42" TALL PLANTER
PRIVATE PATIO
233 SQFT
GROUNDCOVER MIX OF
EK, ID AND SA
24" TALL PLANTER
North North
Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109 JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
07.24.2025 ZAB HEARING SET
L2-CY
Second Level
Courtyard
A
B
C
000 4 8 160
1/8"=1'-0"
A
B
D
MATCH LINE
MATCH LINE
E
C
D
E
F
F
Item 7a, Attachment 4
ZAB 2025-09-11
ACCENT TREE:
MEYER LEMON
BAR HEIGHT TABLES
BUFFER PLANTING
BUILT-IN BENCH
PROPANE FIRE PIT
PEDESTAL PAVERS
BISTRO LIGHTS
LOW PLANTING:SMALL SUCCULENTS
BAR HEIGHT TABLES
PARAPET BY ARCHITECT
CUTTING GARDENAPPLE ESPALIERPASSIONFRUIT VINEBELOW PARAPET VEGGIES AND HERBS ATADA PLANTING TABLECOMMUNITY GARDEN MUNSTEAD ENGLISHLAVENDER Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109 JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
07.24.2025 ZAB HEARING SET
L3-RD
Eighth Level
Roof Deck
4 028 North North
1/4" = 1'-0"
A
A
K H
RESIDENTIAL
LOUNGE
I
D
C
G
BC
D
E
F
GGIJK
B
C
E
F
J
H
Item 7a, Attachment 4
ZAB 2025-09-11
L4-ST
Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109 JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
07.24.2025 ZAB HEARING SET
Street Tree Notes and
Details
STREET TREE COORDINATION NOTES:
a)
PROPOSED STREET TREE SPECIES, LOCATION, AND CONDITIONS SUBJECT TO ONGOING REVIEW AND APPROVAL BY THE CITY OF BERKELEY'S MANAGING CONSULTING URBAN FORESTER AND ARBORIST.
PROPOSED STREET TREES ARE
CURRENT WITH EXISTING UTILITIES AS OF xx.xx.2024 AND
WILL BE SUBJECT TO ADDITIONAL REVIEW AFTER PROPOSED
UTILITIES ARE FINALIZED.
b)
TREE PROTECTION FENCING LOCATIONS AND DETAILS TO BE ADDED TO THE DEMOLITION PLAN IN BUILDING PERMIT SET.
c)
CLEARANCE PRUNING REQUIRES PRIOR APPROVAL OF THE CITY. APPROVED CLEARANCE PRUNING SHALL BE COMPLETED IN ACCORDANCE WITH THE LATEST EDITIONS OF THE BEST MANAGEMENT PRACTICESFOR PRUNING (INTERNATIONAL SOCIETY OF ARBORICULTURE) AND THE AMERICAN NATIONAL STANDARD FORTREE CARE OPERATIONS (Z133.1) AND PRUNING (A300, PART 1). TREES SHALL NOT BE TOPPED OR HEADEDBACK. TREE PRUNING SHALL BE COMPLETED TO REDUCE LIMBS FOR CLEARANCE WHILE MAKING THESMALLEST CUTS POSSIBLE . TREE PRUNING SHOULD BE LIMITED TO MINOR BRANCHES. BRANCH REMOVAL OR REDUCTION CUTS (THINNING CUTS) ARE TO BE EMPLOYED RATHER THAN HEADING CUTS. d)
ALL EXISTING STREET TREES (INCLUDING ANY OF THEIR BRANCHES) ADJACENT TO PLANNED CONSTRUCTION SCAFFOLDING MUST BE PROTECTED FROM MECHANICAL INJURY. e)
ROOT PRUNING REQUIRES PRIOR APPROVAL OF THE CITY AND SHALL BE SUPERVISED BY THE PROJECT ARBORIST.
SEE NOTES BELOW FOR MORE INFORMATION.
STREET TREE PROTECTION DURING CONSTRUCTION NOTES:
a)
ALL TREE PROTECTION REQUIREMENTS AND RESTRICTIONS SHALL BE INCLUDED IN THE CONSTRUCTION NOTES AND PRINTED ON ALL COPIES OF THE PLANS. INCLUDE THE NAME AND PHONE NUMBER OFTHE PARTY THAT WILL MONITOR THE SITE AND ENSURE THE TREE PROTECTION MEASURES AREBEING FOLLOWED; AND WHAT THE MONITORING SCHEDULE WILL BE:
NAME / PHONE / SCHEDULE
b)
TREE PROTECTION ZONES: THE CALCULATED TREE PROTECTION ZONE IS THE ENTIRE DRIPLINE OF THE TREES.
THE SPECIFIED TREE PROTECTION ZONE IS THE ENTIRE PARKWAY (TREE WELL).
NO GRADING, EXCAVATION, CONSTRUCTION OR STORAGE OF MATERIALS SHALL OCCUR WITHIN THE SPECIFIED TREE PROTECTION ZONE. NO UNDERGROUND SERVICESINCLUDING UTILITIES, SUB-DRAINS, WATER OR SEWER SHALL BE PLACED IN THE TREEPROTECTION ZONE. c)
TREE PROTECTIONS: ADD TREE PROTECTION FENCING TO PROTECT THE EXPOSED DRIPLINE WITHIN THE PARKWAY (FIGURE 2).
INSTALL 6 FOOT CHAIN-LINK OR WOOD FENCING TO
PROTECT THE AREA WITHIN THE TREE WELL OF ANY PROTECTED TREE IN THE DEVELOPMENT AREA. FENCINGSHALL BE MOUNTED TO POSTS THAT ARE DRIVEN INTO THE GROUND (SEE FIGURES 2 AND 3).
ALL STREET
TREE PROTECTION FENCING MUST PROTECT ENTIRE EXPOSED SOIL AREA WITHIN EACH TREE WELL. WHERE THIS IS NOT POSSIBLE BECAUSE OF EXISTING STRUCTURES, TREE ROOTS, OR OTHER OBSTACLES, CHAIN-LINK PANELS MOUNTED TO STANCHIONS AND CONNECTED TO EACH OTHER MAY BEAPPROVED. IN AREAS WHERE DIFFICULT TERRAIN MAKES THIS IMPRACTICAL, ORANGE CONSTRUCTIONFENCING MAY BE APPROVED. d)
ALL FENCING SHALL HAVE SIGNAGE STATING THE REQUIREMENTS AND RESTRICTIONS, AND THE CONTACT INFORMATION FOR THE PROJECT ARBORIST.
e)
WHEN ANY APPROVED CONSTRUCTION ACTIVITY WILL OCCUR WITHIN THE DRIP LINE OF A PROTECTED TREE THAT IS NOT SURROUNDED BY PROTECTIVE FENCING, THE TRUNK SHALL BE PROTECTED BY WRAPPING ITWITH STRAW TUBES (WATTLE) OR VERTICAL WOOD SLATS (EX. 2X4), UP TO A MINIMUM OF 8 FEET FROM GRADE (SEE FIGURE 1, PAGE 6). SLATS SHALL BE ANGLED TO PROTECT THE ROOT FLARE AT THE BASE OF THE TREE; AND CLOSED CELL FOAM OR EQUIVALENT MATERIAL SHALL BE USED TO PROTECT THE TRUNK OF THETREE WHERE IT CONTACTS THE SLATS. LATERAL BRANCHES BELOW 8 FEET SHALL ALSO BE PROTECTED. IN ADDITION, THE AREA SHALL BE COVERED WITH A 6 INCH LAYER OF MULCH TOPPED WITH 3/4 INCH PLYWOODTHAT IS FASTENED TOGETHER. IF ANY LARGE OR MOTORIZED EQUIPMENT (MINI EXCAVATOR, BOBCAT®,POWERED WHEELBARROW) WILL TRAVEL OVER THIS AREA, THE PLYWOOD MUST BE A MINIMUM OF 1 INCHAND ADEQUATE FOR THE WEIGHT OF THE EQUIPMENT THAT WILL TRAVEL OVER IT. IF LARGER EQUIPMENT(BACKHOE, TRACTOR) WILL BE USED, CONSULT THE CITY ARBORIST.
CONSTRUCTION ACTIVITY REFERS TO ANY
MOVEMENT OF PEOPLE, TOOLS, OR EQUIPMENT; OR STORAGE OF ANY TOOLS, EQUIPMENT, OR SUPPLIES. f)
IRRIGATION: ADD IRRIGATION TO WET THE SOIL IN THE PARKWAY TO A DEPTH OF 12 INCHES. ONCE SOIL IS AT FIELD CAPACITY, IRRIGATION CAN BE SCALED BACK TO REPLACE THEWATER LOST THROUGH EVAPOTRANSPIRATION (ET). g)
MULCH: ADD 4 - 6 INCHES OF COURSE ORGANIC MULCH. THE MULCH SHOULD NOT COME IN CONTACT WITH THE TRUNK BUT SHOULD BE 24 INCHES AWAY FROM THE TRUNK. h)
LOCATE AND EXPOSE ANY ROOTS 2 INCHES IN DIAMETER OR GREATER THAT MAY NEED TO BE PRUNED TO FACILITATE THE PROJECT. THIS INCLUDES ANY TRENCHING THAT WILL BE DONE AS PART OF FOUNDATIONOR UTILITY INSTALLATION. CONTACT THE CITY ARBORIST IN ADVANCE TO LESSEN THE AMOUNT OF TIME THATTHE ROOTS WILL BE EXPOSED. IF ROOTS MUST BE LEFT EXPOSED FOR MORE THAN THREE DAYS, CONSULT THECITY ARBORIST. NOTE:
THE 2 INCH DIAMETER THRESHOLD FOR ROOTS IS A GUIDELINE THAT MAY BE ADJUSTED BY THE CITY ARBORIST DEPENDING ON THE SIZE AND CONDITION OF THE TREE, AND THE LOCATIONOF THE ROOTS. THE CITY ARBORIST MAY INCREASE THE TPZ, OR IMPOSE OTHER RESTRICTIONS, WHEN THEDRIPLINE OF A TREE HAS BEEN ALTERED BY PRUNING OR UNUSUAL GROWTH PATTERNS. ANY ROOT PRUNING THAT WILL OCCUR WITHIN THE PARKWAY:
ALL WORK IN THE AREA WILL REQUIRE PRIOR
APPROVAL AND SHALL BE SUPERVISED BY THE PROJECT ARBORIST. ROOTS SHOULD BE CUTWITH A SAW TO PROVIDE A FLAT AND SMOOTH CUT. REMOVAL OF ROOTS LARGER THAN 2 INCHESIN DIAMETER SHOULD BE AVOIDED. i)
NO STORAGE OF BUILDING MATERIALS, REFUSE, EXCAVATED SPOILS, OR DUMPING OF POISONOUS MATERIALS, IS PERMITTED WITHIN THE DRIP LINE OF ANY PROTECTED TREE. POISONOUS MATERIALS INCLUDE,BUT ARE NOT LIMITED TO, PAINT, PETROLEUM PRODUCTS, CONCRETE OR STUCCO MIX, DIRTY WATER, OR ANYOTHER MATERIAL WHICH MAY BE DELETERIOUS TO TREE HEALTH.STREET TREE PLANTING NOTES:
1. FOR NEW PLANTING:
a.
THE CITY ARBORIST SHALL BE NOTIFIED, BY CALLING (510) 981-6660, PRIOR TO THE DELIVERY OF THETREES FOR INSPECTION OF THEIR SIZE AND STRUCTURE. b.
EACH TREE SHALL BE PROPERLY PLANTED AT OR JUST BELOW GRADE (<1").
SOIL AMENDMENT IS NOT
RECOMMENDED. NO CONSTRUCTION RUBBLE OR NON-ORGANIC MATERIAL SHALL BE WITHIN THE TREEWELL. NATIVE SOIL IS PREFERRED. c.
THE SURROUNDING SOIL OUTSIDE THE CONTAINER (ROOT BALL) SHOULD BE LIGHTLY COMPACTEDTO ABOUT 4 INCHES BELOW GRADE WITH THE ROOT BALL HIGHER THAN THAT. d.
2 TO 2.5 INCHES OF BASE ROCK SHOULD BE APPLIED AROUND THE ROOT BALL LEAVING 1.5 TO 2INCHES LEFT FOR THE MATERIAL. e.
15G CONTAINERS ARE APPROXIMATELY 15-16 INCHES IN DIAMETER AND THE MATERIAL SHOULD BEAPPLIED TO THE APPROXIMATE EDGE OF THE ROOT BALL WITH THE TOP GRADE OF THE ROOT BALLUP TO 1 INCH BELOW THE TOP OF THE MATERIAL THAT WILL BE APPLIED. f.
EACH NEW TREE SHALL HAVE AUTOMATIC DRIP IRRIGATION (NETAFIM PREFERRED) AND PROVIDE AMINIMUM OF 20 GALLONS PER WEEK BETWEEN MARCH 15 AND OCTOBER 15 FOR THE FIRST THREEYEARS. LARGER TREES MAY REQUIRE ADDITIONAL
BUBBLERS
DRIP LINES AND/OR EMITTERS. BUBBLERS
DRIP EMITTERS SHOULD BE LOCATED ON TOP OF THE ROOT BALL WITHIN THIS 15-16 INCH CIRCLEAND NOT BE COVERED WITH MATERIAL.
WHERE POSSIBLE, DRIP LINES AND EMITTERS ARE TO BE
INSTALLED IN CONCENTRIC CIRCLES, STARTING 24" AWAY FROM THE TRUNK, SPACED AT 18"APART, COVERING THE ENTIRE TREE WELL. g.
EACH EXISTING TREE TO REMAIN SHALL HAVE AUTOMATIC
DRIP IRRIGATION (NETAFIM PREFERRED)
AND PROVIDE A MINIMUM OF 20 GALLONS PER WEEK BETWEEN MARCH 15 AND OCTOBER 15 FOR THEFIRST THREE YEARS AFTER IT WAS PLANTED (PLANTING DATES AVAILABLE AT "CITY TREES" FROM CITYOF BERKELEY OPEN DATA, https://data.cityofberkeley.info/Natural-Resources/ City-Trees/9t35-jmin.)LARGER TREES MAY REQUIRE ADDITIONAL DRIP LINES AND/OR EMITTERS.
DRIP EMITTERS SHOULD
BE LOCATED AS FAR FROM THE TRUNKS OF MATURE TREES AS POSSIBLE. WHERE POSSIBLE, DRIP LINES AND EMITTERS ARE TO BE INSTALLED IN CONCENTRIC CIRCLES, STARTING 24" AWAYFROM THE TRUNK, SPACED AT 18" APART, COVERING THE ENTIRE TREE WELL. h.
TREES THAT DIE WITHIN THE FIRST THREE YEARS MUST BE REPLACED AT THE PROPERTY OWNER'S EXPENSE.
FIGURE 1 — TREE TRUNK PROTECTION EXAMPLESFIGURE 2 — TREE PROTECTION FENCE EXAMPLE FIGURE 4 — FLEXI-PAVE EXAMPLE (via City of Berkeley)(via City of Berkeley) (via City of Berkeley - SEE DETAIL TP2 FOR NOTES) NOTE: As of 9.11.24, no construction activities are approved within the tree wells of any existing trees to remain. See Figures 2 and 3 for examples of acceptable tree protection. All TPF to protect entire exposed soil area within each tree well.
TP2
FIGURE 3 — TREE
PROTECTION FENCE
EXAMPLE
Item 7a, Attachment 4
ZAB 2025-09-11
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
3 CY
BIN
3 CY
BIN
3 CY
BIN
96 gal
96 gal
96 gal
I1.0
NorthNorth
Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109 JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
07.07.2025 ZAB SUBMITTAL
Ground Level
Hydrozone Plan
000 8 16 320
1/16" = 1'-0"
HYDROZONE KEY
DESCRIPTIONSQ. FT
HYDROZONE #1
HYDROZONE #2
WATER USE TYPE
LOW
LOW
371
560
fax 925.932.5671 tel 925.939.3985
www.rmairrigation.com
2760 Camino Diablo
Walnut Creek, CA 94597
Russell D. Mitchell Associates, Inc.
Irrigation Consultant:
SHRUB/GC
PLANT TYPE
TREES
IRRIGATION WATER USE CALCULATIONS
Item 7a, Attachment 4
ZAB 2025-09-11
North North0 2 4 80
3/16"=1'-0"
Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109 JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
07.07.2025 ZAB SUBMITTAL
I2.0
Second Level Courtyard -
Hydrozone Plan
HYDROZONE KEY
DESCRIPTIONSQ. FT
HYDROZONE #1
HYDROZONE #2
WATER USE TYPE
LOW
MODERATE
1,163
778
SHRUB/GC
PLANT TYPE
fax 925.932.5671 tel 925.939.3985
www.rmairrigation.com
2760 Camino Diablo
Walnut Creek, CA 94597
Russell D. Mitchell Associates, Inc.
Irrigation Consultant:
HYDROZONE #3240
TREES
SHRUB/GC
MODERATE
MATCH LINE - SEE LEFT
MATCH LINE - SEE RIGHT
Item 7a, Attachment 4
ZAB 2025-09-11
I3.0
Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109 JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
07.07.2025 ZAB SUBMITTAL
Eigth Level Roof Deck -
Hydrozone Plan
4 028 North North
1/4" = 1'-0"
HYDROZONE KEY
DESCRIPTIONSQ. FT
HYDROZONE #1
WATER USE TYPE
LOW149
SHRUB/GC
PLANT TYPE
HYDROZONE #248
MODERATE
HYDROZONE #380
TREESMODERATE
HYDROZONE #486
VEGETABLE/HERBSHIGH
SHRUB/GC
Item 7a, Attachment 4
ZAB 2025-09-11
Z ONIN G
A DJUSTMENT S
B OAR D
Notice of Public Hearin g
Land Use Planning Division
1947 Center Street, Second Floor, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
2109 Virginia Street
Use Permit #ZP2024-0066
to demolish a 2-story commercial building (4,604
square feet) and surface parking lot, and construct an 8-story (89 feet and 4 inches) 112,969 square-foot mixed-use residential development with 110 dwelling units (including 9 Very Low-Income and 9 Moderate Income units), 690 square feet of ground floor commercial space, 109 off -street vehicle parking spaces and 64 bicycle parking spaces.
The Zoning Adjustments Board of the City of Berkeley will hold a public hearing on the above matter, pursuant to Zoning Ordinance, Sec
tion 23.404.050 (Public Hearings and Decisions)
When: Thursday, September 11, 2025, 7:00 pm
Where: Berkeley Unified School District meeting room , 1231 Addison Street, (wheelchair accessible) with remote/hybrid option (v
ia Zoom).
Please visit: https
://berkeleyca.gov/your-government/boards-commissions/zoning- adjustments-board and click on the hearing date to access the most up-to-date meeting information, or call the Land Use Planning division (510) 981-7410.
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH
IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION AVAILABLE FOR MEMBERS OF THE PUBLIC.
For in-person attendees, face coverings or masks that cover both the nose and mouth are encouraged. If you’re feeling sick, please do not attend the meeting in-person as a public health precaution.
Currently, there are no physical distancing requirements in place by the State of California or the Local Health Officer for an indoor event similar to a Commission meeting. However, all attendees are requested to be respectful of the personal space of other attendees. An area of the public seating area will be designated as “distanced seating” to accommodate persons that need to distance for personal health reasons.
Item 7a, Attachment 5
ZAB 2025-09-11
2109 VIRGINIA STREET NOTICE OF PUBLIC HEARING
File: G: "G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\4-REPORT DOCUMENTS [DRAFTS]\2025_07- 10_ATT_5_ZAB_PHN_2109 Virginia_ZP2024-0066_docx.docx"
A. Land Use Designations:
• General Plan: Neighborhood Commercial (NC), Medium Density Residential (MDR), High Density Residential (HDR)
• Zoning: North Shattuck Commercial District (C-NS), Restricted Multiple-Family Residential District (R-2A), Multi-Family Residential District (R-4)
B. Zoning Permits Required:
• Demolition. Use Permit under BMC Section 23.326.070(A) “Main Non-Residential Building” to demolish a non-residential building
• New Construction. Use Permit under BMC Section 23.202.020 (A) “Allowed Land Uses” to construct a new mixed-use development.
• New Construction. Use Permit under BMC Section 23.204.020 (A) “Allowed Land Uses” to construct a new mixed-use development.
• New Floor Area. Use Permit under BMC Section 23.204.030(A)(1) “Floor Area Permit Requirements” to create new floor area of 2,000 square feet or more. • Parking. Administrative Use Permit under BMC Section 23.322.070(D)(1) “Excess Off- Street Parking” to exceed the maximum number of off-street residential parking. • Building Height. Administrative Use Permit under BMC Section 23.304.050(A) “Projections Above Height Limits” to exceed the allowed height limit with a rooftop projection.
C. Concessions and Waivers Requested Pursuant to State Density Bonus Law (California Government Code Section 65915):
• Public Art In-lieu Fee. Concession from BMC Chapter 23.316 to allow an exemption from the Percentage for Public Art on Private Projects in-lieu fee; and
• Parking. Concession to relocate the proposed underground parking in the base project to above grade in the proposed project.
North Shattuck Commercial District (C-NS):
• Main Building Height. Waiver from BMC Section 23.204.090(D)(1) “Basic Development Standards” for a mixed-use project to exceed the 35-foot maximum height limit by adding 54 feet, 4 inches, for a total of 89 feet, 4 inches, and exceed the 3-story limit by adding 5 stories, for a total of 8 stories.
• Residential Window Setback. Waiver from BMC Section 23.204.090(D)(4) “Residential Window Setback” to reduce the setback for a Mixed-Use building, opposite a required window in any habitable room of a residential use, to 0 feet, 0 inches where 10 feet is required.
• Interior Side Setback. Waiver from BMC Section 23.304.030(C)(2) “Lots Adjacent to Residential Districts” to reduce the interior side setback to 0 feet, 0 inches for the interior side where 5 feet is required.
Item 7a, Attachment 5
ZAB 2025-09-11
2109 VIRGINIA STREET NOTICE OF PUBLIC HEARING
File: G: "G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\4-REPORT DOCUMENTS [DRAFTS]\2025_07- 10_ATT_5_ZAB_PHN_2109 Virginia_ZP2024-0066_docx.docx"
Restricted Multiple Family Residential District (R-2A):
• Main Building Height. Waiver from BMC Section 23.202.090(D)(1) “Basic Development Standards” to exceed the 35-foot maximum by adding 54 feet, 4 inches for a total of 89 feet, 4 inches, and exceed the 3-story limit by adding 5 stories, for a total of 8 stories. • Lot Coverage. Waiver from BMC Section 23.202.090(D)(2) “Supplemental Development Standards” to exceed the 40% lot coverage limit for a 3-story building on a corner lot by adding 60% for a total of 100% lot coverage.
• Interior Side Setback. Waiver from BMC Section 23.202.090(D)(1) “Basic Development Standards” to reduce the interior side setback to 0 feet, 0 inches on the first and second story where 4 feet is required.
Multi-Family Residential District (R-4):
• Main Building Height. Waiver from BMC Section 23.202.110(E)(1) “Basic Development Standards” to exceed the 65-foot maximum height by adding 24 feet, 4 inches for a total of 89 feet, 4 inches and exceed the 6-story limit by adding 2 stories, for a total of 8 stories. • Lot Coverage. Waiver from BMC Section 23.202.110(E)(2) “Supplemental Development Standards” to exceed the 40% lot coverage limit for a 6 -story building on a corner lot in by adding 60% for a total of 100% lot coverage.
• Front Setback. Waiver from BMC Section 23.202.110(E)(1) “Basic Development Standards” to reduce the front setback to 2 feet, 10 inches on the western side of the lot and 5 feet, 8 inches on the eastern side of the lot where 15 feet is required. • Interior Side Setback. Waiver from BMC Section 23.202.110(E)(1) “Basic Development Standards” to reduce the interior side setback to 0 feet, 0 inches for stories 1-2 where 4 feet is required, and provide a 9 foot, 8-inch setback for 3-8 stories, where:
o 6 feet is required for the third story,
o 8 feet is required for the fourth story,
o 10 feet is required for the fifth story, and
o 12 feet is required for the sixth story
D. CEQA Exemption Recommendation: It is staff’s recommendation to the Zoning Adjustments Board that the project is 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 15183.3 of the CEQA Guidelines (“Streamlining for Infill Projects”).
E. Project Recommendation: Approve Use Permit #ZP2024-0066, pursuant to BMC Section
23.406.040(D)
F. Parties Involved:
• Applicant Isaiah Stackhouse, 2421 Fourth St., Berkeley, CA 94710 • Property Owner American Commonwealth Associates, 1683 Shattuck Avenue, Berkeley, CA 94709
Item 7a, Attachment 5
ZAB 2025-09-11
2109 VIRGINIA STREET NOTICE OF PUBLIC HEARING
File: G: "G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\4-REPORT DOCUMENTS [DRAFTS]\2025_07- 10_ATT_5_ZAB_PHN_2109 Virginia_ZP2024-0066_docx.docx"
Further Information:
All application materials are available online at:
https://aca.cityofberkeley.info/CitizenAccess/Welcome.aspx.
The Zoning Adjustments Board final agenda and staff reports will be available online 6 days prior to this meeting at: https://berkeleyca.gov/your-government/boards-commissions/zoning-adjustments- board.
Questions about the project should be directed to the project planner, Cecelia Mariscal, at (510) 981- 7439 or [email protected].
Written comments or a request for a Notice of Decision should be directed to the Zoning Adjustments Board Secretary at [email protected].
Communication Disclaimer:
Communications to Berkeley boards, commissions or committees 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 a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. 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 secretary to the relevant board, commission or committee for further information.
Written Comments, Communications, and Reports:
Written comments must be directed to the ZAB Secretary at the Land Use Planning Division (Attn: ZAB Secretary), or via e-mail to: [email protected]. All materials will be made available via the Zoning Adjustments Board Agenda page online at this address: https://berkeleyca.gov/your- government/boards-commissions/zoning-adjustments-board
All persons are welcome to attend the hearing and will be given an opportunity to address the Board.
Comments may be made verbally at the public hearing and/or in writing before the hearing. The Board may limit the time granted to each speaker.
Correspondence received by 5:00 PM, eight days before this public hearing, will be provided with the agenda materials provided to the Board. Note that if you submit a hard copy document of more than 10 pages, or in color, or with photos, you must provide 15 copies. Correspondence received after this deadline will be conveyed to the Board in the following manner:
• Correspondence received by 5:00 PM, two days before this public hearing, will be conveyed to the Board in a Supplemental Communications and Reports #1, which is released around noon one day before the public hearing.
• Correspondence received by 12:00 PM, the day of this public hearing, will be conveyed to the Board in a Supplemental Communications and Reports #2, which is released around noon the day of the public hearing.
• Correspondence received after 12:00 PM , the day of this public hearing will be saved in the project administrative record.
Item 7a, Attachment 5
ZAB 2025-09-11
2109 VIRGINIA STREET NOTICE OF PUBLIC HEARING
File: G: "G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\4-REPORT DOCUMENTS [DRAFTS]\2025_07- 10_ATT_5_ZAB_PHN_2109 Virginia_ZP2024-0066_docx.docx"
Accessibility Information / ADA Disclaimer:
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date.
SB 343 Disclaimer:
Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available to the public. Please contact the Land Use Planning Division ([email protected]) to request hard-copies or electronic copies.
Notice Concerning Your Legal Rights:
If you object to a decision by the Zoning Adjustments Board regarding a land use permit project, the following requirements and restrictions apply:
1. If you challenge the decision of the City in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice.
2. You must appeal to the City Council within 14 days after the Notice of Decision of the action of the Zoning Adjustments Board is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Sec tion 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than 90 days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that 90-day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, the following requirements apply:
a. That this belief is a basis of your appeal.
b. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.
c. All eviden ce and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above. If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.
Item 7a, Attachment 5
ZAB 2025-09-11
______________________________________________________________________________________________ Neighborhood Meeting 1685 Shattuck Avenue
TRACHTENBERG ARCHITECTS 05/23/2024
T R A C H T E N B E R G A R C H I T E C T S
2 4 2 1 F o u r t h S t r e e t B e r k e l e y , C A 9 4 7 1 0 p h o n e : 5 1 0 . 6 4 9 . 1 4 1 4
w w w . T r a c h t e n b e r g A r c h . c o m
Neighborhood Meeting Attendance and Notes Sheet (Online) 1685 Shattuck Ave
Berkeley, CA 94709
May 23, 2024
NAME ADDRESS EMAIL NOTES
Karen
Streets
Project much higher and we have been here since
1972. It will be a large impact for the immediate
neighborhood. How tall are the new projects down on
Shattuck and University?
IS – 12 stories and 8 stories built prior to state laws to combat housing crisis.
Even though it’s out of place and create impact
resources, such as water supply? Does it have to be 8
stories?
IS – We will be working with the city and the state/city zoning is what is intended here. And this is where this type of density go, to be able to house everyone in
Berkeley and targeted commercial strips like this one.
How about the toxics from Virginia Cleaners?
IS – Lots of ways to take care of the toxics with all the regulations and Berkeley has a very robust toxics
department and can help deal with issue.
Sally
Sommer
[email protected] Community members? Students?
IS – Housing for all. Units can serve families and
students due to mix of unit types from studios to 3
bedrooms.
Providing more parking than required?
IS – This project wants to provide for families who may have cars
Suzanne
Perkins
For 120 units, how many people are estimated to be
living there? Is there a formula, for example 1 and 1/2 times the number of uits = 180 people.
IS – There is no straight formular for this but this
sounds good
Are there laundry facilities planned to be sufficient?
Increase use of services, concerned for making the
current residents harder to use the neighborhood
services.
IS – Laundry room on each floor to be sufficient.
Bert Gordon Regarding toxic issue, nothing on the record about the toxic.
IS – Gets reviewed by the city during planning and
construction permitting. Lots of ways for the site to be resolved with experts. We don’t know the details but
sites can be remediated with expert guidelines and
confident this can be done.
What can happen to make the project smaller?
IS – The project’s 131 units will provide what the state Item 7a, Attachment 6
ZAB 2025-09-11
wants to create housing and helps the project to get
build due to construction cost and financing and
lending cost are also high. The 131 units help will
help pay for the parking, land, and city costs. The
density makes the project feasible and also of these
future 131 families who are we going to tell that their units will not be built.
James
Hendry
How does the building get 8 stories in the zone?
IS – 7 stories of housing over ground floor lobby and
commercial space, parking. It’s a density bonus
project which provides up to 100% bonus to projects
that provide affordable housing. The city staff will
review the bonus calculations.
Are you planning setbacks and are any open spaces
available for the public?
IS- setbacks on the sidewalk and also 10’ setback
from the east. The sidewalk seating will be public use, but the other open spaces are only for residents
Where would delivery be made?
IS – Determine by Public Works Dept. They will paint
out a loading zone during construction permit process
Submitting in 3 weeks, so this is just a dog and pony
show?
IS – Still working on the design, this is an opportunity to hear the neighbors’ voices. Yellow signs with city’s notices and the public can attend hearings
Are you intending to keep the parking spaces
IS – Yes, we are. We do have to ask the city for
permission this amount of parking spots. City council
requires 0 but can approve ½ of the amount. 7’ deep
parking for the triple stack
Address the toxic under the cleaners?
IS – The city will issue conditions of approval of how
the site gets treated. The city has a regulated agency
to see if it gets exemption or regulated.
Lindsey
Quock
Are these market rate units? What are the rent
range?
IS - Apartments for our community. We don’t know
the rent range. Minimum 11 LVI based on preliminary
calculations to qualify for density bonus units. The
project will also provide in lieu fee and may provide
more units. This is something to be determined later
with the city review process.
When is the ground break?
- It takes another year after 1.5 year of review time.
The likely path would be 2- 2.5 years that this project will break ground and roughly take 18months to
construct.
What benefits are to the neighbors when light and
views will be blocked on Virginia neighbors
IS - The real benefit is providing housing and residents to help local business thrive and affordable housing
fees. We did pull the project towards the boulevard
with setback towards the east
Has there been a shadow and light study?
IS – There will be shadow study in the submittal and
we are still working on those drawings and will be
Item 7a, Attachment 6
ZAB 2025-09-11
available to everyone
How do we get those drawing submittals?
IS – Once the project is submitted, the city planner will be sending out info and the city website will have the
project application info
Melinda
Lopez
Earth sinking concern?
IS – Project will have a soil report. The city will have a peer review of the soil as well. They can calculate
how much the land will settle over time. The soil
should be quite good here. Standard mat slab
foundation here. San Francisco has a lot of fill and
those locations don’t have stable soil
(IS = Isaiah Stackhouse)
Notes:
A yellow poster will be installed on site after project submission.
3-6 months of staff review before zoning and design review board meeting. The list of addresses from tonight was given from the city and this same list will be used from the city to send out notifications regarding the project.
Item 7a, Attachment 6
ZAB 2025-09-11
From: Melinda Lopez
To: Mariscal, Cecelia
Cc: Vijesh Unnikrishnan; Burns, Anne M; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Re: 2109 Virginia 5/15 DRC Agenda is on-line
Date: Monday, May 12, 2025 12:36:17 PM
Attachments: image003.png
Hello Cecelia:
Thx for the in person only meeting below.
Best,
Melinda
On Mon, May 12, 2025 at 12:27 PM Mariscal, Cecelia <[email protected] > wrote:
Hi Vijesh,
Unfortunately, the DRC meeting is not offered in a hybrid format, so the only option for participation is to show up in person at the North Berkeley Community Center, located at 1901 Hearst Avenue
. The meeting will be held in the Gooseberry room and start promptly at 6:30 p.m. Let me know if you have additional questions.
Best,
Cecelia
Cecelia Mariscal (she/her/s)
Associate Planner
Planning and Development, Land Use Division
1947 Center St., 2nd Floor, Berkeley, CA 94704
Phone: (510) 981-7439
Email: [email protected]
In Office Days: M,T,W
Remote Days: Th,F
Item 7a, Attachment 7
ZAB 2025-09-11
Planning & Development Customer Satisfaction Survey: We value your feedback! If you are a Planning & Development Department client—such as a permit applicant, permit holder, business owner, contractor or developer—please take a few minutes to complete our short survey and share your experience: Planning and Development Customer Satisfaction Survey
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.
All permit-related and Zoning services are available online. Please visit us online for more information.
From: Vijesh Unnikrishnan <[email protected]>
Sent: Monday, May 12, 2025 9:24 AM
To: Burns, Anne M <[email protected]>
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Mariscal, Cecelia <[email protected]> Subject: Re: 2109 Virginia 5/15 DRC Agenda is on-line
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.
Also, is this a remote meeting or will be held in person. Can you please share details on meeting location and timing - both physical and digital.
Thanks
Vijesh
On Mon, May 12, 2025 at 9:21 AM Vijesh Unnikrishnan <[email protected] > wrote:
Thanks for including us in the notice, Anne. Few of us will plan to attend the session.
What is the format of the session? What is expectation from us during the session on Thu? Where do we find current design materials so we can review and have comments ahead of time?
Item 7a, Attachment 7
ZAB 2025-09-11
From: Mariscal, Cecelia
To: Burns, Anne M; Elizabeth Stevick
Subject: RE: 2109 Virginia 5/15 DRC Agenda is on-line
Date: Monday, May 12, 2025 3:24:00 PM
Attachments: image001.png
image003.png
Hi Elizabeth,
Constructing a multi-family building in the Commercial North Shattuck building requires a Use Permit and public hearing pursuant to Berkeley Municipal Code (BMC) 23.204.020(A) .
the project must meet the findings in BMC 23.406.040(E)(1)and BMC Section 23.204.090(E), as well as any other findings related to deviations from other development standards and Design Review
as required by the Municipal Code. However, the project sponsor has applied for a density bonus request, which allows projects to waive development standards and build beyond the density permissible in what a Zoning District allows if providing very low-income (VLI), Low-income (LI), or Middle-income (MI) units allowed under §65915 .
I hope this helps. Please let me know if you have additional questions.
Best,
Cecelia
Cecelia Mariscal (she/her/s)
Associate Planner
Planning and Development, Land Use Division
1947 Center St., 2
nd Floor, Berkeley, CA 94704
Phone: (510) 981-7439
Email: [email protected]
In Office Days: M,T,W
Remote Days: Th,F
Planning & Development Customer Satisfaction Survey: We value your feedback! If you are a Planning & Development Department client—such as a permit applicant, permit holder, business owner, contractor or developer—please take a few minutes to complete our short survey and share your experience: Planning and Development Customer Satisfaction Survey
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.
All permit-related and Zoning services are available online. Please visit us online for more information.
From: Burns, Anne M <[email protected]>
Sent: Monday, May 12, 2025 10:02 AM
To: Elizabeth Stevick <[email protected]>
Cc: Mariscal, Cecelia <[email protected]>
Item 7a, Attachment 7
ZAB 2025-09-11
Subject: RE: 2109 Virginia 5/15 DRC Agenda is on-line
Hello, Elizabeth: Thank you for your email. I’ll include this as late correspondence to the DRC so that they are also aware of your questions and concerns. I’m also copying our Use Permit Planner, Cecelia Mariscal, as she will be taking this project to ZAB after it has come to the DRC. ZAB will include building height in their review, instead of the DRC, as a waiver to the height standards is being requested under the State’s Density Bonus laws. I am happy to include this in DRC correspondence as there are design recommendations that can lessen the visual impact of a design – such as color, material, window details and patterns, landscape. Again, thank you for your email - Anne
From: Elizabeth Stevick <[email protected]>
Sent: Thursday, May 08, 2025 11:16 PM
To: Burns, Anne M <[email protected]>
Subject: Re: 2109 Virginia 5/15 DRC Agenda is on-line
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.
Thank you, Anne, for reaching out. I am fine with new construction and building downtown but I wish that the City would maintain a more consistent height for the buildings in the Gourmet area on Shattuck from Hearst to Rose Street to maintain the charm of the Gourmet Ghetto. Three stories would be more in line with what is there now.
And the fact that the building is taking away the views, the air, the sunlight from residential properties and residents who have lived in this neighborhood on Walnut Street for over 40 years and more is unfortunate and distressing. Can something be done to limit building heights?
Elizabeth Scherer
1722 Walnut Street
On Wed, May 7, 2025 at 4:22 PM Burns, Anne M <[email protected] > wrote:
The design of the proposed mixed use project at the northeast corner of Virginia and Shattuck will be reviewed at next Thursday’s – May 15, 2025 – Design Review Committee meeting. We did find the September 24, 2024 letter to ZAB from the North Shattuck Alliance in the corresponding Use Permit file (ZP2024-0066) and have included it in our meeting materials for next Thursday’s meeting. I’m including a link to the agenda below and would welcome the opportunity to answer any questions that you have about the design review component of this proposed project. I’m also including Cecelia Mariscal on this email as she is the Use Permit Planner who will be continuing to review this project as it move towards ZAB.
I will be posting two public meeting notices on the site later today. In a subsequent meeting, the Zoning Adjustments Board (ZAB) will be reviewing the Use Permit with a full Public Hearing notice. The DRC is advisory to the ZAB and will be reviewing the design of the new construction. Any recommendations that the DRC makes to Item 7a, Attachment 7
ZAB 2025-09-11
On Wed, May 7, 2025 at 4:22 PM Burns, Anne M <[email protected]> wrote:
The design of the proposed mixed use project at the northeast corner of Virginia and Shattuck will be reviewed at next Thursday’s – May 15, 2025 – Design Review Committee meeting. We did find the September 24, 2024 letter to ZAB from the North Shattuck Alliance in the corresponding Use Permit file (ZP2024-0066) and have included it in our meeting materials for next Thursday’s meeting. I’m including a link to the agenda below and would welcome the opportunity to answer any questions that you have about the design review component of this proposed project. I’m also including Cecelia Mariscal on this email as she is the Use Permit Planner who will be continuing to review this project as it move towards ZAB.
I will be posting two public meeting notices on the site later today. In a subsequent meeting, the Zoning Adjustments Board (ZAB) will be reviewing the Use Permit with a full Public Hearing notice. The DRC is advisory to the ZAB and will be reviewing the design of the new construction. Any recommendations that the DRC makes to the ZAB will be reviewed, and added to or modified at ZAB during that Public Hearing if ZAB feels it is needed.
All design-related public comments are welcome and can help inform DRC's discussion before any recommendation, but the ZAB will be reviewing all use and Density Bonus issues. DRC will be making a recommendation after their deliberation, not a final decision on the Use Permit application as ZAB does.
Thank you. – Anne Burns, Design Review Committee Secretary, (510) 981- 7415
2025-05-15_DRC_Agenda_Linked.pdf
Item 7a, Attachment 7
ZAB 2025-09-11
the ZAB will be reviewed, and added to or modified at ZAB during that Public Hearing if ZAB feels it is needed.
All design-related public comments are welcome and can help inform DRC's discussion before any recommendation, but the ZAB will be reviewing all use and Density Bonus issues. DRC will be making a recommendation after their deliberation, not a final decision on the Use Permit application as ZAB does.
Thank you. – Anne Burns, Design Review Committee Secretary, (510) 981-7415
2025-05-15_DRC_Agenda_Linked.pdf
--
Elizabeth Stevick Scherer
Property Manager
(510) 289-3881
Item 7a, Attachment 7
ZAB 2025-09-11
From: Mariscal, Cecelia
To: Jason Scholz
Bcc: Hersch, Anne
Subject: RE: 2109 Virginia St - Status of Approvals
Date: Thursday, April 3, 2025 9:40:00 AM
Attachments: image001.png
image002.png
image004.png
That’s right, the project is still under review.
Cecelia Mariscal (she/her/s)
Associate Planner
Planning and Development, Land Use Division
1947 Center St., 2
nd Floor, Berkeley, CA 94704
Phone: (510) 981-7439
Email: [email protected]
In Office Days: M,T,W
Remote Days: Th,F
Planning & Development Customer Satisfaction Survey: We value your feedback! If you are a Planning & Development Department client—such as a permit applicant, permit holder, business owner, contractor or developer—please take a few minutes to complete our short survey and share your experience: Planning and Development Customer Satisfaction Survey
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.
All permit-related and Zoning services are available online. Please visit us online for more information.
From: Jason Scholz <[email protected]>
Sent: Wednesday, April 2, 2025 2:49 PM
To: Mariscal, Cecelia <[email protected]>
Subject: RE: 2109 Virginia St - Status of Approvals
Hi Cecelia,
Thank you.
I had previously pulled up documents from the website.
It appears the owner has not received zoning permit approval?
Thanks,
Item 7a, Attachment 7
ZAB 2025-09-11
Jason
From: Mariscal, Cecelia <[email protected]>
Sent: Wednesday, April 2, 2025 1:28 PM
To: Jason Scholz <[email protected]>
Subject: RE: 2109 Virginia St - Status of Approvals
Hi Jason,
Thank you for your message. Application submittal items and project status can be viewed through our Citizen Access Portal linked, here. Please see the attached screenshot guide to help you navigate the site. Please let me know if you have additional questions.
Best,
Cecelia
Cecelia Mariscal (she/her/s)
Associate Planner
Planning and Development, Land Use Division
1947 Center St., 2
nd Floor, Berkeley, CA 94704
Phone: (510) 981-7439
Email: [email protected]
In Office Days: M,T,W
Remote Days: Th,F
Planning & Development Customer Satisfaction Survey: We value your feedback! If you are a Planning & Development Department client—such as a permit applicant, permit holder, business owner, contractor or developer—please take a few minutes to complete our short survey and share your experience: Planning and Development Customer Satisfaction Survey
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.
All permit-related and Zoning services are available online. Please visit us online for more information.
From: Jason Scholz <[email protected]>
Sent: Tuesday, April 1, 2025 12:43 PM
To: Mariscal, Cecelia <[email protected]>
Subject: 2109 Virginia St - Status of Approvals
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 Cecelia,
Item 7a, Attachment 7
ZAB 2025-09-11
Good afternoon.
I understand you are one of the planning contacts for the referenced project.
I am working on an analysis for the project.
Is it possible to provide the current status of the approvals, or if more convenient do you have a moment on the phone?
Thanks,
Jason
JASON SCHOLZ, MAI
DUNN & ASSOCIATES
1901 OLYMPIC BOULEVARD, SUITE 230
WALNUT CREEK, CALIFORNIA 94596
PHONE: (925) 472-5852
FAX: (925) 472-5855
E-MAIL: [email protected]
Web Site: www.dunnandassociates.net
Virus-free.www.avg.com
Item 7a, Attachment 7
ZAB 2025-09-11
From: Melinda Lopez
To: Mariscal, Cecelia
Subject: Re: 2109 Virginia (ZP2024-0066) - Proposed development inquiry Date: Tuesday, July 9, 2024 6:03:10 PM
On Tue, Jul 9, 2024 at 5:28 PM Mariscal, Cecelia <[email protected]> wrote:
Hello Cecelia:
Many thanks for your detailed response.
Have a great week!
Best regards,
Melinda
Hi Melinda,
Thank you for your message. The proposed project is currently under review; however, there are missing items that are still required for a complete submittal. Members of the public can track a project's progress through the City's Citizen Portal Access, linked here . I've attached
a screenshot guide to this email to help you navigate the portal more easily. As noted in your email communication, the project includes the former "Virginia Cleaners" which includes contaminants of concern (Hydrocarbon solvents) and requires remedial/clean-up action by the California Department of Toxic Substances. Please note that although the site is contaminated, it has not been identified as a "Superfund" site. For more information on Superfund sites, please visit the EPA's website, which is linked here . Due to the site's
existing contamination, the City required a Phase I assessment report, which can be viewed along with the other Zoning Project Submittal Requirements through the Citizen Access
Portal.
The timeline for review by the Zoning Adjustments Board Due is indeterminate at the moment. The applicant must first submit the additionally required application contents for review and then staff will work to determine the appropriate CEQA review. The project review is paused until the additional contents are submitted by the applicant. You can track the project through our Online Portal or reach out to me periodically. Additionally, I regularly work the walk-in Zoning Counter, on the 3rd floor at 1947 Center Street every Monday from 12:30–2:30 p.m. (last check-in at 2 p.m.) where anyone can drop by to inquire about the project's status.
Once the project is deemed complete, the CEQA status is determined, and the analysis is complete, the project will be put on the calendar for the Zoning Adjustments Board, where anyone from the public can comment on the project. If the project were to be approved, there is a 14-day appeal period that begins once the notice is posted, and anyone from the public can appeal the project. Please see the information on our website regarding the appeal Item 7a, Attachment 7
ZAB 2025-09-11
process linked here.
Lastly, the proposed development has an SB330 State Density. State Bill No. 330, also known as the Housing Crisis Act, was enacted in 2019 to address the housing shortage. The bill aims to achieve this through streamlined permit approval, allowing projects to build units beyond what local development standards allow when offering low-income and middle-income units, and constraining the power of the land use decision-making body to deny a project a housing project or deny a housing development project at a lesser density than what is being proposed unless it could be proven that it would have an adverse impact on public health and safety. There is currently no case law that establishes a threshold.
I hope this information has answered your questions. Please feel free to reach out with any additional queries or visit the zoning counter on Monday from 12:30 to 2:30 p.m. We are here to support you and ensure you are fully informed about the project.
Best,
Cecelia
From: Melinda Lopez <[email protected]
>
Sent: Monday, June 24, 2024 3:54 PM
To: Mariscal, Cecelia <[email protected]>
Subject: 2109 Virginia - Proposed development inquiry
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 Cecilia:
I was born in Berkeley and a long time resident of our properties in North Berkeley of over 60 years.
We are all concerned about the pending proposed development in our single-family homes residential properties of which we have enjoyed over the years the privacy, charm and safety.
We have a few questions:
1. How do we comment on the project?
2. Are there any hearings on the project coming up?
Item 7a, Attachment 7
ZAB 2025-09-11
3. Are there any deadlines for comments?
4. Has any toxic studies been done on this former Superfund site which had a fire caused by Virginia Cleaners (now moved across the street to Shattuck/Cedar street)?
5. we are pro-housing in our backyard but inquiring on why the City approves an 8-story building of 132 units/93 parking spaces?
6. Also, if the City approved all the potential ADUS, our survey indicates several thousand units would be added, well distributed through single-family home areas. Is this large-scale intrusive development really needed at this time in our small scale community?
Hope to hear from you soon on our concerns.
Thank you for your time and consideration.
Sincerely,
Melinda E. Lopez
North Shattuck Alliance
Item 7a, Attachment 7
ZAB 2025-09-11
From: Mariscal, Cecelia
To: Vijesh Unnikrishnan
Cc: Hersch, Anne; Melinda Lopez; Glen Stevick; Nan Noonan; Elizabeth Stevick; Michael Apte; Mark Williams; Bert Gordon; Rohini Kumar; [email protected]; Karen Streets Subject: RE: Memorandum in Support of Reconsideration of the proposed 8-Story Building at 2109 Virginia, Adjacent to Two-Story Single-Multi-Family Homes, No. ZP-2018-0172.
Date: Thursday, October 3, 2024 3:40:56 PM
Members of the North Shattuck Alliance,
Thank you for your message. As you have pointed out, the project site was inhabited by the Virginia Cleaners from approximately 1920-1967, which rendered the site contaminated due to its use of an underground storage tank for Stoddard solvent. The presence of hydrocarbon solvents was the confirmed chemical of concern at the site, and it was added to the Cortese List as a result. The project was remediated/cleaned up in 1987 and granted case closure by the Department of Toxic Substances and Chemicals (DTSC) in 1987 and the San Francisco Regional Water Quality Control Board (RFRWQCB) in 1999. However, due to the absence of documentation of post-excavation soil confirmation sampling, vapor concentrations below permissible thresholds for residential use could not be confirmed, resulting in a Phase II assessment and subsequent report published on August 14, 2024. The Phase II report concluded that subsurface impacts were consistent with historical site use and the subsurface conditions described in the closure letter. No recommended land use restrictions or continuing obligations were associated with the initial case closure, and since the Phase II assessment results were consistent with the findings in the case closure letter, no further assessment or regulatory oversight is recommended. An Initial Study pursuant to the California Environmental Quality Act Guidelines (CEQA) will be required to determine the project’s potential environmental impacts. The Phase I and Phase II assessment reports can be viewed along with the other Zoning Project Submittal Requirements through the Citizen Access
Portal.
Constructing a multi-family building in the Commercial North Shattuck building requires a Use Permit and public hearing pursuant to Berkeley Municipal Code (BMC) 23.204.020(A) .
the project must meet the findings in BMC 23.406.040(E)(1)and BMC Section 23.204.090(E), as well as any other findings related to deviations from other development standards and Design Review
as required by the Municipal Code. The project sponsor has applied for a density bonus request, which allows projects to waive development standards and build beyond the density permissible in what a Zoning District allows if providing very low-income (VLI), Low-income (LI), or Middle-income (MI) units allowed under §65915 .
This is also a housing development project allowed under State Bill No 330 , also known as the
Housing Crisis Act, enacted in 2019. The law locks in development standards from the date of application filing and limits the authority of the land use decision-making body to deny a project a housing project or reduce density unless findings are made demonstrating that there is an adverse impact on public health and safety.
Yellow project information signs are posted on the property, and a community outreach meeting, required by the Zoning Project Submittal Requirements for large projects, was held virtually on May 23, 2024. The records show that Melinda Lopez, who was copied on your email as a North Shattuck Alliance affiliate, was in attendance. I recommend reaching out to her to get more details on what was discussed in this meeting and to review the notes from the community outreach meeting, which can be viewed along with other submittal items in the Item 7a, Attachment 7
ZAB 2025-09-11
Citizen Access Portal linked here.
If you are interested, the Housing Community Development website, linked here, allows you to track the addition of housing units by jurisdiction.
I hope this information is helpful. Please let me know if you have additional questions.
Best,
Cecelia
From: Vijesh Unnikrishnan <[email protected] >
Sent: Tuesday, September 24, 2024 7:45 PM
To: [email protected]; Tregub, Igor <[email protected]>; Berkeley Mayor's Office <[email protected]>; Mariscal, Cecelia <[email protected]> Cc: Melinda Lopez <[email protected]>; Glen Stevick <[email protected]>; Nan Noonan <[email protected]>; Elizabeth Stevick <[email protected]>; Michael Apte <[email protected]>; Mark Williams <[email protected]>; Bert Gordon <[email protected]>; Rohini Kumar <[email protected]>; [email protected]; Karen Streets <[email protected]>; Bolotina, Olga <[email protected]> Subject: Memorandum in Support of Reconsideration of the proposed 8-Story Building at 2109 Virginia, Adjacent to Two-Story Single-Multi-Family Homes, No. ZP-2018-0172.
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 Cecelia Mariscal-
We, the residents of North Shattuck Alliance, wish to formally submit our petition to the ZAB with regards to the proposed project at 2109 Virginia. The attached document lays out our concerns and requests to the city council and the ZAB. We sincerely request that you consider this petition in its entirety and provide us a written acknowledgement as well as a plan to address our concerns at the earliest.
cc: Igor Tregub, Berkeley District 4 Council Member, Jessie Arreguin, Mayor of Berkeley, Kate Chatfield, Chief of Staff and Legislative Director, Housing Issue Area Lead for Senator Nancy Skinner District 9.
We look forward to hearing from you on next steps towards a resolution of the matters raised.
Regards,
Vijesh Unnikrishnan
Representing Residents of North Shattuck Alliance
1632 Walnut Street, Berkeley 94709
Ph: 612-207-3788
Item 7a, Attachment 7
ZAB 2025-09-11
North Shattuck Alliance Member Emails:
[email protected]
[email protected]
[email protected]
September 24, 2024 [email protected]
[email protected]
[email protected]
[email protected]
By Electronic Mail [email protected]
[email protected]
[email protected]
[email protected]
ZAB Board
2180 Milvia Street
Berkeley, CA. 94704
[email protected]
CC: Council Member District 4, Mayor of Berkeley, Rep. California Senate District 9 Nancy Skinner
RE: Memorandum in Support of Reconsideration of the proposed 8-Story Building at 2109 Virginia, Adjacent to Two-Story Single-Multi-Family Homes, No. ZP-2018-0172.
Dear ZAB, Cecelia Mariscal,
We are the neighbors adjacent to the proposed 8-story building at 2109 Virginia St. We are very supportive of adding housing and many of us have restored properties, provided housing and proposed smart fill-in housing in our neighborhood.
We have several concerns regarding the 2109 Virginia Street project:
• There appears to have been outdated cleanup and measurement protocols, dating back over 30 years, were utilized to assess and manage the toxic waste generated by the historical commercial operations of Virginia Cleaners on the proposed development site.
These protocols may have been inappropriately applied to classify the site as safe for construction
• There appears to have been environmental, safety, and intrusion of privacy posed by the project to existing two-story single and multi-unit homes adjacent to the proposed large disparity of size and volume of the 8-story building that has yet to be researched and evaluated before the permit approval is granted
• There appears to have been concerns around significant duress to quality of life and safety of current residents, many of them elderly, living in the immediate city block of the proposed building, due to deficiency in parking, police, utilities, and other public needs demanded by the introduction of almost 100+ additional units which has not been researched and evaluated before the permit approval is granted
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• There appears to have been inconsistent use of design and zoning requirements such as gradual story/height step-down rules and other design rules approved to be applied to high- density parts of Berkeley being applied to low density parts of the proposed site without proper research and evaluation before the design should be considered ready for review.
• There appears to have been no consideration of the concrete urban heat island e\ects being created by this project without removal of open space with virtually no o\sets being researched and evaluated as part of the proposed design being considered for permitting
• There appears to have been no consideration of the smart infill housing that has already occurred in Berkeley, which has added more such units that most other cities in California and specifically District 4 which has added more such units than any other Districts in Berkeley. In fact, residents along Walnut Street in District 4 have added smart infill housing (6 out of 9 residents on this petition on walnut street have added infill housing) and hence request the housing density per city block be used as a measure of equity and fairness to be researched and assessed factoring in the existing smart infill housing provisioned in district 4 and more specifically in the proposed city block to ensure balance of density of housing distribution per city block in Berkeley
• There appears to be no consideration of the advantages of smart infill into single family home areas, which would provide to lower income residents the numerous positive characteristics of single-family home areas (lower crime, lower pollution, higher income, more greenery, less concrete and better health and hence must be part of the evaluation of proposed housing plan to incorporate the societal and economic enablement assessments factoring existing smart infill housing vs. proposed 8 story complex.1
We, Berkeley residents of North Shattuck Alliance , oppose this proposed project in its form as submitted and request the ZAB and city council to enforce judgment and good common sense to guide the approval of this project. Without appropriate action from the city, we would [will?] have no recourse left but to pursue legal action against the approval of the [a] permit.
Detailed points of residents of North Shattuck Alliance Memorandum
1. SB 330 Housing Crisis Act of 2019
As long-term residents of Berkeley, tenants and homeowners, we have all first-hand experience and witnessed the significant economic and emotional pressure the housing crisis in the Bay Area and the state of California. The historic act that was passed by the state, is a testament to the courage of Sacramento to change the course of housing shortfalls in our community
2. Accessory Dwelling Unit Ordinance in the City of Berkeley City of Berkeley has been at the forefront of encouraging innovative approaches and formats to put a dent in the housing crisis, such as supportive ADU ordinance passed by the city. ADUs
1 Single-Family Zoning in California: A Statewide Analysis, A California Zoning Atlas Report, Stephen Menendian, Shahan Shahid Nawaz & Samir Gambhir, Othering & Belonging Institute, May 22, 2024, https://belonging.berkeley.edu/single-family-zoning-california-statewide-analysis.
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according to innumerable policy experts are a\ordable, low cost to develop, environmentally friendly, safe and smart in infilling neighborhoods with housing density. According to certain estimates, continued supportive policies for ADUs that protect homeowner and rental rights can yield close to 5000 new housing units in Berkeley – which is roughly 60% of the city’s goals set through 2030. Several residents in our community, provide ADUs, even sometimes overcoming adversities from the planning department. 6 out of 9 residents in this petition have provided in-fill housing in their properties.
However, the SB 330 act has also resulted in unintended consequences, which are untenable for our community and if faced, probably untenable for residents and even lawmakers across the city, county and state.
3. Minimal regulatory requirements for property size expansion Height step-down between the proposed 8 story apartments and one and two-story single- family and muti-unit homes in our neighborhood is essential to ensure a balanced transition between di\ering building scales. Studies show that abrupt height di\erences can cause significant overshadowing, leading to a reduction in sunlight by up to 50% for adjacent properties, negatively a\ecting residents’ quality of life2. In addition, step-down designs help maintain neighborhood privacy by limiting direct sightlines from taller buildings into single- family yards and homes. Research from urban design studies also suggests that transitioning heights can reduce wind tunnel e\ects common in densely built areas, improving pedestrian comfort by lowering wind speeds by 15-20%3. Overall, this approach fosters a visually harmonious streetscape and protects the character and property values of residential neighborhoods. Especially in a neighborhood, where there is a significant portion of elderly residents who are aging-in-place, the proposed construction puts a threat and likely force many of us to be displaced from our homes due to safety and quality of life impairment.
Ask– the city must request analysis and evaluation of sunlight and wind e\ects on quality of life and safety of residents in the immediate vicinity of proposed structure and/or reduce proposed building size to mitigate risks
4. Inadequate and incoherent design decisions
The design choices for the proposed apartment project raises significant concerns. For instance, the inclusion of a car park for 93 vehicles directly contradicts Berkeley’s push for walkable, transit-oriented housing, as exemplified by the University Avenue project. Prioritizing such extensive parking will only encourage more car ownership and tra\ic, which runs counter to Berkeley's goals for sustainable, pedestrian-friendly development. Additionally, the elimination of setbacks, justified solely by the inclusion of low-income housing, introduces serious risks for resident safety by restricting accessibility for fire and emergency personnel.
Given the likely price point of these units, it's highly likely that many residents will be families and higher-income individuals who per studies have shown to own two cars, further increasing the parking burden on nearby streets. This will lead to more cars circling for parking, especially in this locale where elderly citizens and schoolchildren from Berkeley Arts Magnet Elementary School inhabit posing significant safety concerns.
2 https://www.mdpi.com/1660-4601/17/14/5014
3 https://windtechconsult.com/20-seriously-effective-wind-mitigation-strategies-for-your-next- project/
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Ask – the city must request analysis and evaluation of realistic demands of likely residents and family structure, their car ownership, proposed parking slots and the impact on nearby street parking availability to ensure the right balance of transit-orientated housing goals are met without endangering current residents safety in walkability and convenience to accessible street parking in the vicinity and/or reduce proposed building size to mitigate risks
5. Lack of congruence with the community
The current design proposal along Shattuck lacks the thoughtful integration needed to complement the unique, small-business-friendly nature of North Berkeley. Iconic places like the Cheeseboard Collective, which embodies Berkeley’s values of independence, employee ownership, and prioritizing community over profit, are vital to the area’s cultural and historical significance. A large-scale, developer-driven project with ground floor commercial storefronts risks disrupting this community-centric character. These new high-rises that are appearing in Berkeley, have not been able to attract local community-based businesses due to their high rent demands and therefore being leased by large national chains Adding commercial storefronts on Virginia Street—a completely residential area—raises concerns about maintaining the neighborhood’s tranquility and balance. Just as it would be illogical to place a large-scale housing development in the heart of a commercial district like 4th Street, introducing commercial activity on a quiet residential street would disrupt the established character of the area. And with the likely rent burden, such a storefront being occupied by a national chain like a pizza hut or a seven-eleven or a clothing store is incongruent. Thoughtful design choices that align with community values are essential for maintaining safety, accessibility, and the neighborhood’s integrity.
Ask – the city must require re-layout of the proposed commercial storefronts away from Virginia street and include analysis and evaluation of the rent burden on such an establishment and ensure the rent is controlled to make the storefronts a\ordable to local businesses (representative businesses such as Poulet, GoingPlaces) versus national chains
6. Urban heat islands and their environmental impact
High-density clusters of tall apartment buildings exacerbate the urban heat island (UHI) e\ect, disproportionately impacting marginalized communities and worsening climate change. These towering structures, often made of heat-absorbing materials like concrete and steel, trap heat in urban areas, making cities significantly warmer—by as much as 12°F compared to lower density regions.4 The urban heat island e\ects already existing in Berkeley can be viewed using the hot stop mapping available on Climate Central’s website5,6. This not only increases energy consumption through higher demand for air conditioning, but also leads to more greenhouse gas emissions, fueling the climate crisis. What's more, these heat islands disproportionately a\ect low-income and working-class communities, where green spaces and cooling infrastructure are often lacking. By prioritizing sustainable, human-centered urban planning -
4 https://journalism.columbia.edu/news/urban-heat-island-effect-making-new-yorkers-hotter- study-finds
5 https://journalism.columbia.edu/news/urban-heat-island-effect-making-new-yorkers-hotter- study-finds.
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such as reducing building density, integrating renewable energy solutions, and expanding green spaces—we can fight back against climate injustice and create healthier, more equitable cities for all.
Ask – the city must require a heat island e\ect analysis of the proposed structure and its environmental impact including the overall impact on environmental burden to the community and its residents health and quality of life and/or reduce proposed building size to mitigate risks
7. Developer friendly policies at the disregard of residents While Berkeley housing code allows flexibility in how a\ordable units are distributed within a development, this approach is fundamentally unenforceable. Developers can easily prioritize profit by placing all a\ordable units on the less desirable lower floors while reserving the more valuable upper floors for high-paying buyers. There’s no e\ective mechanism in place to ensure a fair distribution of a\ordable units, and without stricter regulations, developers are likely to exploit this loophole. This leads to a situation where promises of a\ordability are undermined by market-driven interests, and the concerns of existing neighborhoods about towering eight- story buildings next to single-family homes are completely disregarded. Ultimately, this approach benefits developers, not the broader community, and leaves too much room for manipulation.
Ask – the city must amend its design requirement policy around a\ordable housing allotment to within a building to pre-set and stipulate how many unites on which floor and of what design type (ex. 1, 2, 3 bedrooms) to ensure developers cannot game the system and/or reduce proposed building size to mitigate risks
8. Opaque permitting, review and approval process
The opaque zoning process for developers compared to everyday citizens creates significant issues for the community. When developers propose projects, there is often minimal communication, with only a notice posted on the proposed site providing an email and phone number for contact. In contrast, when residents want to make even a small addition to their property, they must go through multiple rounds of notifications, obtain signatures from neighbors, and follow several bureaucratic steps. This inconsistency in the process is problematic, especially for the diverse community that lives in the neighborhood, including elderly residents aging in place, working families, single parents, and those who are not tech- savvy. The lack of clear, accessible communication in zoning matters makes the process exclusionary and ableist, effectively undermining due process. Major projects that can disrupt the neighborhood should not be sprung upon residents without proper, transparent engagement. Lastly, the City is not being transparent in terms of the housing it has provided compared to other Cites and how the new housing has been distributed throughout the City.
Ask – the city must provide density increase analysis and evaluation for proposed building factoring in how the proposed building affects the fair and equitable increase in density versus other similar neighborhoods in District 4 and other districts within the city Conclusion:
Berkeley has an average vacancy rate of 9-13%, meaning around 5,000 rental units are currently unoccupied out of 50,000 total. Despite the introduction of a vacancy tax in 2024, it is unclear whether this will effectively incentivize landlords to release these units into the market. Current incentives encourage property owners to keep units off the market, and simply building more housing—particularly under the banner of affordable housing—won't guarantee these units are Item 7a, Attachment 7
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made available at low-income rates. Large developers, especially those who sell the finished housing to commercial property management firms, often exploit legal loopholes due to their significant financial and legal resources, making it difficult to achieve true affordability. Claims that state law and Berkeley's middle housing policy will empower small developers to build small multi- unit projects or duplexes that align with the ethos of the city are largely inaccurate. As a detailed analysis highlights, 25 developers are responsible for building 25% of all housing units in the U.S., even though there are 60,000 developers nationwide
7. This trend is driven by large developers'
access to public markets and capital, enabling them to undertake giant projects—far from what Berkeley envisions with its housing goals. Experts, including the Berkeley Rental Board Chair, remain skeptical that building large market-rate units will significantly improve affordability8. In summary, we believe un-fettered development with disregard to the community is not the answer to fixing current distorted housing policies and perverse incentives.
We, the community of North Shattuck Alliance, should not be at the receiving end of well-meaning housing policies that create unintended consequences. We sincerely request the city and state government to help us preserve our rights and our homes by addressing the requested asks at the earliest. We are willing to work closely with the city and the developer to achieve an amicable resolution that addresses our concerns.
7 https://www.noahpinion.blog/p/why-small-developers-are-getting
8 https://www.berkeleyside.org/2023/10/23/berkeley-affordable-housing-construction Item 7a, Attachment 7
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August 2025
E N V I R O N M E N T A L C O N S I S T E N C Y A N A LY S I S
P U R S U A N T T O C A L I F O R N I A E N V I R O N M E N T A L
Q U A L I T Y A C T G U I D E L I N E S
S E C T I O N S 1 5 1 8 3 A N D 1 5 1 6 2
2109 VIRGINIA STREET PROJECT
BERKELEY, CALIFORNIA
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August 2025
E N V I R O N M E N T A L C O N S I S T E N C Y A N A LY S I S
P U R S U A N T T O C A L I F O R N I A E N V I R O N M E N T A L
Q U A L I T Y A C T G U I D E L I N E S
S E C T I O N S 1 5 1 8 3 A N D 1 5 1 6 2
2109 VIRGINIA STREET PROJECT
BERKELEY, CALIFORNIA
Submitted to:
Cecelia Mariscal, Associate Planner
City of Berkeley
Planning and Development Department
Land Use Division
1947 Center Street, 2nd Floor
Berkeley, California 94704
Prepared by:
LSA
157 Park Place
Pt. Richmond, California 94801
(510) 236-6810
Project No. CBE1906.18
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TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................... i LIST OF ABBREVIATIONS AND ACRONYMS ............................................................................................ iii
1.0 PROJECT INFORMATION ................................................................................... 1-1
2.0 INTRODUCTION ................................................................................................ 2-1
2.1 Purpose of State CEQA Guidelines Sections 15183 and 15162 Consistency Analysis .............................................................................................................................. 2-1
2.2 Project Consistency with a Community Plan, General Plan, or Zoning ............................. 2-2
3.0 PROJECT DESCRIPTION ..................................................................................... 3-1
3.1 Project Site ........................................................................................................................ 3-1
3.2 Proposed Project ............................................................................................................... 3-7
3.3 Relationship to City of Berkeley General Plan ................................................................ 3-17
4.0 CEQA ENVIRONMENTAL CHECKLIST .................................................................. 4-1
4.1 Aesthetics .......................................................................................................................... 4-1
4.2 Agriculture and Forestry Resources .................................................................................. 4-4
4.3 Air Quality ......................................................................................................................... 4-6
4.4 Biological Resources ........................................................................................................ 4-17
4.5 Cultural Resources .......................................................................................................... 4-23
4.6 Energy .............................................................................................................................. 4-27
4.7 Geology and Soils ............................................................................................................ 4-31
4.8 Greenhouse Gas Emissions ............................................................................................. 4-38
4.9 Hazards and Hazardous Materials .................................................................................. 4-43
4.10 Hydrology and Water Quality ......................................................................................... 4-53
4.11 Land Use and Planning .................................................................................................... 4-65
4.12 Mineral Resources ........................................................................................................... 4-68
4.13 Noise................................................................................................................................ 4-69
4.14 Population and Housing .................................................................................................. 4-82
4.15 Public Services and Recreation ....................................................................................... 4-85
4.16 Transportation ................................................................................................................ 4-88
4.17 Tribal Cultural Resources ................................................................................................ 4-93
4.18 Utilities and Service Systems ........................................................................................... 4-96
4.19 Wildfire .......................................................................................................................... 4-104
5.0 CEQA GUIDELINES SECTION 15183 ANALYSIS .................................................... 5-1
5.1 CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) .................................................................................................... 5-1
6.0 CEQA GUIDELINES SECTION 15162 ANALYSIS .................................................... 6-1
6.1 CEQA Guidelines Section 15162 (Subsequent or Supplemental EIR) ................................ 6-1
7.0 APPLICABLE HOUSING ELEMENT EIR MITIGATION MEASURES AND REGULATORY COMPLIANCE MEASURES ............................................................ 7-1 Item 7a, Attachment 8
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8.0 REPORT PREPARERS .......................................................................................... 8-1
8.1 LSA Associates, Inc. ........................................................................................................... 8-1
9.0 REFERENCES ..................................................................................................... 9-1
FIGURES
Figure 3-1: Project Location and Regional Vicinity ............................................................................. 3-3 Figure 3-2: Aerial Photograph of the Project Site ............................................................................... 3-5 Figure 3-3: Proposed Floor Plans ........................................................................................................ 3-9 Figure 3-4: Proposed Landscape Plan ............................................................................................... 3-15
TABLES
Table 3.A: Summary of Proposed Units .............................................................................................. 3-8 Table 3.B: City of Berkeley RHNA for 2023-2031 .............................................................................. 3-17 Table 4.3.A: Project Construction Emissions .................................................................................... 4-11 Table 4.4.A: Special-Status Species Within 0.5 Mile of the Project Site ........................................... 4-18 Table 4.8.A: Project Greenhouse Gas Emissions ............................................................................... 4-40 Table 4.13.A: General Plan Noise and Land Use Compatibility Guidelines ...................................... 4-72 Table 4.13.B: Exterior and Interior Noise Limits, BMC Section 13.40.050 ........................................ 4-73 Table 4.13.C: Maximum Stationary Equipment Construction Noise Levels (dBA), Berkeley Municipal Code Section 13.40.070 .......................................................................................... 4-74 Table 4.13.D: Typical Construction Equipment Noise Levels ............................................................ 4-75 Table 4.16.A: Project Trip Generation .............................................................................................. 4-89 Table 7.A: Applicable Housing Element EIR Mitigation Measures ...................................................... 7-1 Table 7.B: Applicable City Conditions of Approval .............................................................................. 7-4
APPENDICES
A: AIR QUALITY ANALYSIS TECHNICAL MEMORANDUM
B: PHASE I ENVIRONMENTAL SITE ASSESSMENT (PHASE I ESA)
C: PHASE II ENVIRONMENTAL SITE ASSESSMENT (PHASE II ESA) D: STORMWATER REQUIREMENTS CHECKLIST
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LIST OF ABBREVIATIONS AND ACRONYMS
2,3,7,8-TCDD 2, 3, 7, 8-tetrachloro-dibenzodioxin
AAQS ambient air quality standards
AB Assembly Bill
ABAG Association of Bay Area Governments
AC Transit Alameda-Contra Costa County Transit
ACM asbestos-containing material
Air District Bay Area Air District
APN Assessor's Parcel Number
BART Bay Area Rapid Transit
Basin Plan Water Quality Control Plan
bgs below ground surface
BMC Berkeley Municipal Code
BMPs best management practices
Cal/EPA California Environmental Protection Agency
Cal/OSHA California Occupational Safety and Health
CalEEMod California Emissions Estimator Model
CALGreen Code California Green Building Standards Code
California Register California Register of Historical Resources CalRecycle California Department of Resources Recycling and Recovery Caltrans California Department of Transportation
CARB California Air Resources Board
CBC California Building Code
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEC California Energy Commission
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CGS California Geological Society
CH4 methane
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City City of Berkeley
CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
C-NS zone North Shattuck Commercial zone
CO carbon monoxide
CO2 carbon dioxide
CO2e carbon dioxide equivalent
COA Condition of Approval
CREC Controlled Recognized Environmental Condition
CWA Clean Water Act
dB decibels
dBA A-weighted decibels
DDT dichlorodiphenyltrichloroethane
DIR California Department of Industrial Relations
DOC California Department of Conservation
DOSH Division of Occupational Safety and Health
DPM diesel exhaust particulate matter
DTSC Department of Toxic Substances Control
DWR California Department of Water Resources
EBMUD East Bay Municipal Utility District
EIR Environmental Impact Report
EMA Environmental Management Area
EMFAC2021 Emission Factor model
EPA United States Environmental Protection Agency
ESL Environmental Screening Level
FEMA Federal Emergency Management Agency
FESA federal Endangered Species Act
FHWA Federal Highway Administration
FIRM Flood Insurance Rate Map
FMMP Farmland Mapping and Monitoring Program
FTA Federal Transit Authority
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GHG greenhouse gas
gpd gallons per day
GSP Groundwater Sustainability Plan
GWP Global Warming Potential
HASP Health and Safety Plan
HCD California Department of Housing and Community Development HFCs hydrofluorocarbons
HMBP Hazardous Materials Business Plan
Housing Element 2023-2031 Housing Element Update
Housing Element EIR 2023-2031 Housing Element Update Draft Environmental Impact Report
HRE Historical Resources Evaluation
HVAC heating, ventilation, and air conditioning
I-580 Interstate 580
I-80 Interstate 80
ITE Institute of Transportation Engineers
J Number Air District Job Number
LBP lead-based paint
LCI Governor’s Office of Land Use and Climate Innovation Ldn day-night average noise level
Leq equivalent continuous sound level
Lmax maximum instantaneous sound level
LOS level of service
LUST leaking underground storage tank
mgd million gallons per day
MRP Municipal Regional Stormwater NPDES Permit
MWWTP Main Wastewater Treatment Plant
N2O nitrous oxide
ND/MND Negative/Mitigated Negative Declaration
NOD Notice of Determination
NOX nitrogen oxides
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NPDES National Pollutant Discharge Elimination System
NWIC Northwest Information Center
OSHA Occupational Safety and Health Administration
PCBs polychlorinated biphenyls
PCE perchloroethylene
PFCs perfluorocarbons
Phase I ESA Phase I Environmental Site Assessment
Phase II ESA Phase II Environmental Site Assessment
PM particulate matter
PM10 particulate matter less than 10 microns in size
PM2.5 particulate matter less than 2.5 microns in size
POTW publicly owned treatment works
PRC Public Resources Code
proposed project 2109 Virginia Street Project
R-2A zone Restricted Multiple-Family Residential zone
R-4 zone Multiple-Family Residential zone
RCRA Resource Conservation and Recovery Act
RHNA Regional Housing Needs Assessment
RMS root-mean-square
ROGs reactive organic gases
RWQCB Regional Water Quality Control Board
SB Senate Bill
SDSs Safety Data Sheets
SF6 sulfur hexafluoride
SGMP Soil and Groundwater Management Plan
SRA State Responsibility Area
Stormwater Requirements
Checklist
City of Berkeley C.3 Stormwater Requirements Checklist, Municipal Regional Stormwater Permit (MRP 3), Stormwater Controls for Development Project Checklist
SWRCB State Water Resources Control Board
TACs toxic air contaminants
TMD Toxics Management Division
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TMDLs Total Maximum Daily Loads
TPA transit priority area
TPH total petroleum hydrocarbons
USDOT United States Department of Transportation
USFWS United States Fish and Wildlife Service
VdB vibration velocity decibels
VDECS Verified Diesel Emission Control Strategies
VEC vapor intrusion condition
VHFHSZ Very High Fire Hazard Severity Zone
VMT vehicle miles traveled
vpd vehicles per day
vph vehicles per hour
WEAP Worker Environmental Awareness Program
WSMP 2040 Plan Water Supply Management Program 2040 Plan ZAB Zoning Adjustments Board
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1.0 PROJECT INFORMATION
1. Project Title:
2109 Virginia Street Project
2. Lead Agency Name and Address:
City of Berkeley
Planning and Development Department
Land Use Planning Division
1947 Center Street, 2nd Floor
Berkeley, California 94704
3. Contact Person and Phone Number:
Cecelia Mariscal, Associate Planner
Email: [email protected]
Phone: (510) 981-7439
4. Project Location:
The project site is located at 2109 Virginia Street (Assessor’s Parcel Number [APN] 058-2178-18) in Berkeley, Alameda County, California.
5. Project Sponsor’s Name and Address:
Trachtenberg Architects
2421 Fourth Street
Berkeley, California 94710
Phone: (510) 649-1414
6. General Plan Designation:
Neighborhood Commercial
7. Zoning:
North Shattuck Commercial (C-NS)
Multiple-Family Residential (R-4)
Restricted Multiple-Family Residential (R-2A)
8. Project Description:
The proposed project would include the demolition of the existing approximately 4,604-square- foot, two-story commercial building on the project site, and construction of a new eight-story mixed-use residential building consisting of 112,969 square feet of residential space and 690 square feet of commercial space in the southwest corner of the ground floor. The new mixed- use residential building would consist of a total of 110 dwelling units, including 9 very low- income units and 9 middle-income units. In addition, each unit would include a private balcony, providing a total of 3,240 square feet of private outdoor space. The proposed project also Item 7a, Attachment 8
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includes a shared 4,912-square-foot courtyard area on the second floor for use by residents containing: 1,965 square feet of landscaped area; a shared 1,030-square-foot roof deck on the eighth floor, containing 412 square feet of landscaped area; a solar array on the roof; and 109 vehicle and 97 bicycle parking spaces. The ground floor would also include the residential lobby, the leasing office, the mail room, and a storage area. Landscaping would also be provided along the project site frontages on Shattuck Avenue and Virginia Street. Overall, the proposed project would provide a total of 9,182 square feet of usable open space and landscaped area. Refer to Section 3.0 for a complete description of the project.
9. Surrounding Land Uses and Setting:
The project site is generally surrounded by existing development, including single- and multi- family residential and commercial uses.
10. Other Public Agencies Whose Approval is Required (e.g., permits, financial approval, or participation agreements):
East Bay Municipal Utility District (EBMUD) regarding proposed utility connections. b
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2.0 INTRODUCTION
This consistency evaluation compares the potential environmental effects of the proposed 2109 Virginia Street Project (proposed project) with the scope of analysis and identified environmental impacts in the program-level Final Environmental Impact Report (EIR) for the 2023-2031 Housing Element Update (Housing Element),1,2 certified on January 18, 2023 (Housing Element EIR) by the City of Berkeley (City). The purpose of this analysis is to determine whether the proposed project:
(a) falls within the scope of the Housing Element EIR; (b) is consistent with the findings of the Housing Element EIR; and (c) would result in any potential impacts during project construction or operation that were not previously analyzed in the Housing Element EIR or that are unique or peculiar to the project site. This evaluation has been prepared pursuant to State CEQA Guidelines Sections 15183 and 15162. As discussed in Section 4.0 of this document and further explained in Sections 5.0 and 6.0, the proposed project is consistent with the Housing Element EIR and no new or more severe impacts would result. Therefore, a Notice of Determination (NOD) may be filed for the project.
2.1 PURPOSE OF STATE CEQA GUIDELINES SECTIONS 15183 AND 15162
CONSISTENCY ANALYSIS
This consistency analysis is prepared pursuant to State CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), which provides that projects “consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” These provisions streamline the review of such projects and reduce the need to prepare repetitive environmental studies.
Pursuant to State CEQA Guidelines Section 15183, the public agency shall limit its examination of environmental effects to those which the agency determines, in an Initial Study or other analysis:
1. Are peculiar to the project or the parcel on which the project would be located;
2. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan with which the project is consistent;
3. Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or
4. Are previously identified significant effects which, as a result of substantial new information not known at the time of EIR certification, are determined to have a more severe adverse impact than discussed in the prior EIR.
1 Berkeley, City of. 2022. City of Berkeley 2023-2031 Housing Element Update Draft Environmental Impact Report, SCH No. 2022010331. August.
2 Berkeley, City of. 2023. City of Berkeley Housing Element Update 2023-2031. January. Amended February 17, 2023.
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In addition, in accordance with the California Environmental Quality Act (CEQA), as set forth in Public Resources Code (PRC) Section 21166 and State CEQA Guidelines Section 15162, no subsequent or supplemental EIR or other environmental analysis shall be required unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (see State CEQA Guidelines Section 15162(a) and also PRC Section 21166).
2.2 PROJECT CONSISTENCY WITH A COMMUNITY PLAN, GENERAL PLAN, OR ZONING On January 18, 2023, the City of Berkeley City Council approved the City’s 2023-2031 Housing Element Update following certification of the Housing Element EIR. The Housing Element identifies the City’s housing needs and outlines the specific goals, policies, and programs to address them.
Importantly, the Housing Element quantifies how many new housing units the City needs to accommodate growth in the region as part of the Regional Housing Needs Assessment (RHNA). As part of the Housing Element, the City identified adequate land with appropriate zoning and development standards to accommodate the City’s RHNA allocation (i.e., Opportunity Sites). The Opportunity Sites identified in the Housing Element include vacant or underutilized sites with near- term potential for residential or mixed-use development. The project site was identified as an Opportunity Site for residential development in the Housing Element. Refer to Section 3.3 of this document for additional information regarding the relationship between the proposed project and the City’s General Plan.
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3.0 PROJECT DESCRIPTION
The following section describes the proposed 2109 Virginia Street Project (proposed project) that is the subject of this consistency evaluation, which has been prepared pursuant to State CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) and Section 15162 (Subsequent EIRs and Negative Declarations). The proposed project involves the construction of a new mixed-use residential building on a site that was identified as an Opportunity Site for residential development in the City of Berkeley (City) 2023-2031 Housing Element Update and in the City’s 2023-2031 Housing Element Update Draft Environmental Impact Report (Housing Element EIR). The City of Berkeley is the lead agency for review of the proposed project under the California Environmental Quality Act (CEQA).
3.1 PROJECT SITE
The following section describes the project location, existing conditions, surrounding land uses, and the regulatory setting.
3.1.1 Project Location
The approximately 0.51-acre project site is located at 2109 Virginia Street (Assessor’s Parcel Number [APN] 058-2178-18) in Berkeley, Alameda County, California. The project site is bounded by commercial uses to the north, single-family residential uses to the east, Virginia Street to the south, and Shattuck Avenue to the west.
Regional vehicular access to the project site is provided by Interstate 80 (I-80) and Interstate 580 (I-580) via University Avenue. Local access is provided primarily via Shattuck Avenue and Virginia Street. Shattuck Avenue is designated as a Major Street3 in the City’s General Plan. Transit in the project vicinity includes the extensive bus transit service provided by Alameda-Contra Costa County (AC) Transit, including Lines 7, 18, and FS, which provide service along Shattuck Avenue.4 The closest bus stop is at Virginia Street and Shattuck Avenue, approximately 70 feet south of the project site.
Figure 3-1 shows the regional and local context of the project site.
3.1.2 Existing Conditions
The southwestern portion of the project site is currently developed with an approximately 4,604- square-foot, two-story commercial building. The remainder of the project site consists of a paved surface parking lot. Vegetation on the project site is limited to street trees along Shattuck Avenue.
Figure 3-2 depicts an aerial photograph of the project site and surrounding land uses.
3 Major Streets serve the movement of automobiles, trucks, buses, pedestrians, and bicycles across the city, connecting to the regional transportation network, and to other jurisdictions. 4 Alameda-Contra Costa County Transit. 2024. Maps & Schedule. Website: https://www.actransit.org/ maps-schedules (accessed March 2025).
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. . ia Street.aprx
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\2109 Virginia Street I :\C\CBE1906.18\G IS\Pro (3/14/2025) 2109 Virginia Str�et
• nd Regional Vicinity • ct Location a ProJe
FIGURE 3-1
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l=l Project Site
l:\C\CBE1906.18\GIS\Pro\2109 Virginia Street\2109 Virginia Street.aprx (3/14/2025) FIGURE 3-2
2109 Virginia Street
Aerial Photograph of the Project Site
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3.1.3 Surrounding Land Uses
As shown on Figure 3-2, the project site is surrounded by existing development, including single- and multi-family residential and commercial uses. Virginia Street bounds the project site to the south, followed by the University Park Apartments complex, and Shattuck Avenue bounds the project site to the west. The Student Organic Garden is located approximately 0.04 mile southeast of the project site, across Virginia Street, and the Berkeley Arts Magnet School is located 0.04 mile west of the project site, across Shattuck Avenue.
3.1.4 Regulatory Setting
The City’s General Plan designates the project site as Neighborhood Commercial. Areas designated as Neighborhood Commercial in the city are generally characterized by pedestrian-oriented, neighborhood-serving commercial development and multi-family residential structures. These areas are typically located on two-lane streets with on-street parking and transit, and the appropriate uses for these areas include local-serving commercial, residential, office, community service, and institutional.5
The project site is located within three zoning districts: (1) 19,788 square feet of the project site are in the North Shattuck Commercial (C-NS) zone; (2) 1,970 square feet are in the Multiple-Family Residential (R-4) zone; and (3) 584 square feet are in the Restricted Multiple-Family Residential (R-2A) zone. As outlined in Section 23.204.090 of the Berkeley Municipal Code (BMC), the purpose of the C-NS zone is to encourage the maintenance and establishment of retail and service activities that provide goods and services to serve the residents of the adjacent and outlying neighborhoods, provide locations for other activities compatible with these commercial activities, promote compatibility between such commercial areas and adjacent residential neighborhoods, and encourage an adequate commercial and residential mix along Shattuck Avenue.6 As outlined in Sections 23.202.110 and 23.202.090 of the BMC, respectively, the purpose of the R-4 zone is to make available housing for persons who desire both convenience of location and a reasonable amount of usable open space. The purpose of the R-2A zone is to make available housing for persons who desire apartment-type accommodations with a maximum of open space.7,8 The project site has also been identified as an Opportunity Site for residential development in the City’s 2023-2031 Housing Element Update.
3.2 PROPOSED PROJECT
The proposed project would demolish the existing 4,604-square-foot, two-story commercial building on site and would construct an eight-story mixed-use residential building consisting of 112,969 square feet of residential space and 690 square feet of commercial space in the southwest corner of
5 Berkeley, City of. 2001b. General Plan, Land Use Element. December 18. 6 Berkeley, City of. n.d. Berkeley Municipal Code, Chapter 23.204, Commercial Districts, Section 23.204.090, C-NS North Shattuck Commercial District.
7 Berkeley, City of. n.d. Berkeley Municipal Code, Chapter 23.202, Residential Districts, Section 23.202.110, R-4 Multi-Family Residential District.
8 Berkeley, City of. n.d. Berkeley Municipal Code, Chapter 23.202, Residential Districts, Section 23.202.090, R-2A Restricted Multiple-Family Residential District.
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the ground floor. The proposed project is utilizing a 100 percent density bonus pursuant to the State Density Bonus Law and would include 110 dwelling units with a mix of 9 very low-income units and 9 middle-income units. As shown in Table 3.A, overall, the proposed project would include 14 studio units, 28 one-bedroom units, and 68 two-bedroom units. In addition, each unit would include a private balcony, providing a total of 3,240 square feet of private balcony space.
Table 3.A: Summary of Proposed Units
Floor Studio 1-Bedroom 2-Bedroom 2-Bedroom + Office Total Units Ground Level - - - - 0
Second Floor 2 4 6 4 16
Third Floor 2 4 6 4 16
Fourth Floor 2 4 6 4 16
Fifth Floor 2 4 6 4 16
Sixth Floor 2 4 6 4 16
Seventh Floor 2 4 6 4 16
Eighth Floor 2 4 5 3 14
Total 14 28 41 27 110
Source: Trachtenberg Architects (2025)
In addition, the proposed project would include a shared 4,912-square-foot courtyard area on the second floor for use by residents, a shared 1,030-square-foot roof deck on the eighth floor, a solar array on the roof, and vehicle and bicycle parking spaces. The ground floor would also include the residential lobby, the leasing office, the mail room, and a storage area.
Figure 3-3 depicts the proposed floor plans for the proposed project, including for the ground level, second through seventh floors, eight floor, and the proposed roof plan.
3.2.1 Access and Parking
As shown on Figure 3-3, the proposed project would be accessed via a driveway from Shattuck Avenue that would provide access to the proposed garage on the ground floor. The proposed garage would provide up to 109 vehicle parking spaces for residents. The proposed project would also provide 97 bicycle parking spaces, including 59 secure bicycle parking spaces located in a bike room in the northeast corner of the project site.
In addition, a new curb ramp and crossing is proposed for the corner of Virginia Street and Shattuck Avenue. The proposed curb ramp and crossing would be constructed pursuant to City standards.
3.2.2 Open Space and Landscaping
As discussed above, the proposed project would include a shared 4,912-square-foot courtyard area on the second floor for use by residents, containing 1,965 square feet of landscaped area, and a shared 1,030-square-foot roof deck on the eighth floor, containing 412 square feet of landscaped area. The proposed courtyard area on the second floor would feature a variety of trees and other ornamental plan species and a central sitting nook. The roof deck on the eighth floor would feature landscaped vegetation, a gathering area, and a fire pit.
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BIN
3 CY
BIN
3 CY
BIN
3 CY
BIN
2 3
1 2
3 1
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
PROPOSED
FLOOR
PLANS
-
-
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3/32" = 1'-0" -
-
-
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FIGURE 3-3
Proposed Floor Plans - Ground and Level 2
2109 Virginia Street
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1 2
3 1
Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
PROPOSED
FLOOR
PLANS
02.05.2025 REVISED CONCEPT PLANS
02.07.2025 REVISED CONCEPT PLANS
02.14.2025 REVISED CONCEPT PLANS
02.18.2025 REVISED CONCEPT PLANS
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LEVEL 08
USABLE OPEN
SPACE
SEE LANDSCAPE
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FIGURE 3-3
Proposed Floor Plans - Levels 3, 7, and 8
2109 Virginia Street
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1 Berkeley, CA
PANORAMIC
1685
SHATTUCK/
2109 VIRGINIA
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2341JOB:
SHEET:
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.sdtarch.com
DE LA PEÑA
TRACHTENBERG
ARCHITECTS
STACKHOUSE
PROPOSED
ROOF
PLAN
-
-
PLAN AT ROOF
3/32" = 1'-0" -
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FIGURE 3-3
Proposed Floor Plans - Roof Level
2109 Virginia Street
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) Landscaping would also be provided along the project site frontages on Shattuck Avenue and Virginia Street, as depicted on Figure 3-4. As shown on Figure 3-4, all but one of the existing street trees along Shattuck Avenue would be protected in place, and two new street trees would be planted along Virginia Street.
Overall, the proposed project would provide a total of 9,182 square feet of usable open space and landscaped area.
3.2.3 Utilities and Infrastructure
The project site is located in an urban area that is currently served by existing utilities, including water, sanitary sewer, storm drainage, electricity, gas, and telecommunications infrastructure. The proposed project would connect to the existing utility infrastructure in the surrounding area, including existing water and wastewater lines in Virginia Street and Shattuck Avenue.
Under existing conditions, stormwater from the project site is collected on site and discharged to stormwater infrastructure in the surrounding area. Upon construction of the proposed project, stormwater from the project site would be directed to the proposed vegetated areas and treated by flow-through planters (biotreatment) before being discharged to the existing stormwater infrastructure in the surrounding area, similar to existing conditions.
The proposed project would also include connections to the existing electricity and natural gas infrastructure in the surrounding area.
3.2.4 Demolition and Construction
Proposed project construction would include site preparation, installation of utilities, paving, building construction, landscaping, and architectural coating activities. The proposed project would be constructed over approximately 21 months, with construction anticipated to begin in March 2026. Construction of the proposed project is anticipated to require excavation to a maximum depth of 6 feet for construction of utilities, drainage facilities, and parking facilities. The entire 0.51-acre project site is anticipated to be disturbed during construction activities, and project construction would result in approximately 4,343 cubic yards of exported soil.
3.2.5 Project Approvals
The proposed project is subject to action by the City of Berkeley’s Zoning Adjustments Board (ZAB).
The proposed project would require the following discretionary entitlements from the City of Berkeley, per the BMC:
• Administrative Use Permit, pursuant to BMC 23.322.070(D)(1), for exceeding the parking maximum
• Administrative Use Permit, pursuant to BMC Section 23.326.070, to demolish a non-residential building
• Use Permit, pursuant to BMC 23.326.070(A), for demolition of a non-residential main building Item 7a, Attachment 8
ZAB 2025-09-11
2109 V I R G I N I A S T R E E T P R O J E C T
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Item 7a, Attachment 8
ZAB 2025-09-11
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
3 CY
BIN
3 CY
BIN
3 CY
BIN
96gal96gal96gal
V I R G I N I A S T R E E T
4' x 8' WELLS FOR SMALLER
TREES AT VIRGINIA ST
3' X 3' SCORING
PATTERN PER
CITY STANDARDS
S H A T T U C K A V E N U E
CURB RAMP AND
CROSSING PER CITY AND
PROWAG STANDARDS, TYP.
BICYCLE RACK (2 SPACES), TYP.
-ALL BICYCLE PARKING TO BE
SPECIFIED AND INSTALLED PER
Berkeley Bicycle Plan - Appendix F -
Facility Design Toolbox
TREE WELLS EXPANDED TO 4' x 12'
WHERE UTILITIES PERMIT
-Filled w/ Flexi-Pave per City arborist
(E) STREET TREE AT SHATTUCK AVE
(5) TO REMAIN AND BE PROTECTED:
-ASH SPP.
(City Trees site unavailable as of 3.19.25)
(E) TREE TO BE REMOVED DUE
TO CONFLICT WITH PROPOSED
CURB CUT
LOW PERIMETER
PLANTING
PROPOSED STREET TREE
AT VIRGINIA STREET (2):
-WESTERN REDBUD STF
(Cercis occidentalis)
PENDING APPROVAL OF
CITY ARBORIST
STEEL RAISED
PLANTER SHIELDS
SEATING FROM STREET
-Powdercoat color
per Arch
WOOD BENCH
BISTRO TABLE + SEATS
( HARDSCAPED = 2,315 SF )
LANDSCAPED = 2,123 SF
TOTAL UOS LANDSCAPED % = 48%
TOTAL USABLE OPEN SPACE = 4,438 SF
764 SF
86 SF
129 SF
33 SF
18 SF
42 SF1145 SF 859 SF
325 SF
345 SF
692 SF
L1-SS
NorthNorth
Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
Ground Level
Streetscape and UOS
0 0 0 8 16 320
1/16" = 1'-0"
NTS
A
A
B
D
per Berkeley Bicycle Plan - Appendix F - Facility Design ToolboxB C
C
D
E
C C
D
E
C
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION04.11.2025 ZONING RESUBMISSION 96 gal
96 gal
96 gal
96 gal
3 CY
BIN
3 CY
BIN
3 CY
BIN
3 CY
BIN
96gal96gal96gal
V I R G I N I A S T R E E T
4' x 8' WELLS FOR SMALLER
TREES AT VIRGINIA ST
3' X 3' SCORING
PATTERN PER
CITY STANDARDS
S H A T T U C K A V E N U E
CURB RAMP AND
CROSSING PER CITY AND
PROWAG STANDARDS, TYP.
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
3 CY
BIN
3 CY
BIN
3 CY
BIN
96 gal
96 gal
96 gal
4' x 8' WELLS FOR SMALLER
4' x 8' WELLS FOR SMALLER
TREES AT VIRGINIA ST
BICYCLE RACK (2 SPACES), TYP.
-ALL BICYCLE PARKING TO BE
SPECIFIED AND INSTALLED PER
Berkeley Bicycle Plan - Appendix F -
Facility Design Toolbox
TREE WELLS EXPANDED TO 4' x 12'
WHERE UTILITIES PERMIT
-Filled w/ Flexi-Pave per City arborist
(E) STREET TREE AT SHATTUCK AVE
(5) TO REMAIN AND BE PROTECTED:
-ASH SPP.
(City Trees site unavailable as of 3.19.25)
(E) TREE TO BE REMOVED DUE
TO CONFLICT WITH PROPOSED
CURB CUT
LOW PERIMETER
PLANTING
PROPOSED STREET TREE
AT VIRGINIA STREET (2):
-WESTERN REDBUD STF
(Cercis occidentalis)
PENDING APPROVAL OF
CITY ARBORIST
STEEL RAISED
PLANTER SHIELDS
SEATING FROM STREET
-Powdercoat color
per Arch
WOOD BENCH
BISTRO TABLE + SEATS
( HARDSCAPED = 2,315 SF )
LANDSCAPED = 2,123 SF
TOTAL UOS LANDSCAPED % = 48%
TOTAL USABLE OPEN SPACE = 4,438 SF
764 SF
86 SF
129 SF
33 SF
18 SF
42 SF1145 SF 859 SF
325 SF
345 SF
692 SF
L1-SS
NorthNorth
Berkeley, CA
PANORAMIC
1685
SHATTUCK
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED
WORK OF THE ARCHITECT AND MAY NOT BE
DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2109JOB:
SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
TRACHTENBERG
ARCHITECTS
12.11.2023 SB330 SUBMISSION
04.30.2024 STRUCTURAL CONCEPT
05.31.2024 ZONING APPLICATION
09.13.2024 ZONING SUBMITTAL
04.01.2025 ZONING RESUBMITTAL
Ground Level
Streetscape and UOS
0 0 0 8 16 320
1/16" = 1'-0"
NTS
A
A
B
D
per Berkeley Bicycle Plan - Appendix F - Facility Design ToolboxB C
C
D
E
C C
D
E
C
12.11.2023 SB330 SUBMISSION
05.31.2024 ZONING APPLICATION
09.18.2024 ZONING RESUBMISSION
04.02.2025 ZONING RESUBMISSION04.11.2025 ZONING RESUBMISSION SOURCE: Trachtenberg Architects
NO SCALE
I:\C\CBE1906.18\G\Proposed_Landscape_Plan.ai (5/14/2025) FIGURE 3-4
Proposed Landscape Plan
2109 Virginia Street
Item 7a, Attachment 8
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Item 7a, Attachment 8
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) • Use Permit, pursuant to BMC 23.204.020(A), for construction of a multi-family building • Use Permit, pursuant to BMC 23.204.304(A), for construction of 2,000 square feet of new floor area
In addition, the project sponsor is requesting a waiver/modification of the height limit, building stories, lot coverage, building footprint, and setback development standards under the State Density Bonus Law (Government Code Section 65915(e)). This will be processed by the City in conjunction with the permits described above.
Proposed project development, if approved, would also be subject to the City of Berkeley’s standard Conditions of Approval (COA), pursuant to BMC 23B.32.040.D and consistent with the findings made by ZAB for approval of the project and issuance of the requested Administrative Use Permit.
Applicable COAs related to the protection of the environment are identified in Table 7.B in Section
7.0, Applicable Housing Element EIR Mitigation Measures and Regulatory Compliance Measures, and are summarized in the appropriate topical sections. Each COA is titled pursuant to the subject area it addresses.
While the City is the CEQA Lead Agency for the proposed project, other agencies also have discretionary authority related to the project or serve as a responsible and/or trustee agency in connection to the proposed project. The proposed project may also require approval from the East Bay Municipal Utility District (EBMUD) regarding proposed utility connections.
3.3 RELATIONSHIP TO CITY OF BERKELEY GENERAL PLAN
On January 18, 2023, the City of Berkeley City Council approved the City of Berkeley 2023-2031 Housing Element Update (Housing Element). The Housing Element identifies the City’s housing needs and outlines the specific goals, policies, and programs to address them. Importantly, the Housing Element quantifies how many new housing units the City needs to accommodate growth in the region as part of the Regional Housing Needs Assessment (RHNA). As shown in Table 3.B below, the City of Berkeley must construct 8,934 new housing units by 2031 to meet its housing allocation.
The proposed project represents approximately 1.2 percent of the total housing units.
Table 3.B: City of Berkeley RHNA for 2023-2031
Extremely/Very Low
Income Low Income Moderate
Income
Above Moderate
Income Total
RHNA 2,446 1,408 1,416 3,664 8,934
Percent Total (%) 27.4 15.8 15.8 41.0 100.0
Source: 2023-2031 Housing Element Update (City of Berkeley 2023).
RHNA = Regional Housing Needs Assessment
As part of the Housing Element, the City identified adequate land with appropriate zoning and development standards to accommodate the City’s RHNA allocation (i.e., Opportunity Sites). The Opportunity Sites identified in the Housing Element include vacant or underutilized sites with near- term potential for residential or mixed-use development.
Item 7a, Attachment 8
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The Housing Element was determined by the City Council to be in substantial compliance with State Housing Element Law on January 18, 2023. On February 28, 2023, the California Department of Housing and Community Development (HCD) also found the City’s 2023-2031 Housing Element Update to be in substantial compliance with State Housing Element Law. An EIR was prepared for the Housing Element Update in August 2022 (SCH No. 2022010331), which was certified by the City Council on January 18, 2023 (Resolution No. 70,669-N.S).
Item 7a, Attachment 8
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4.0 CEQA ENVIRONMENTAL CHECKLIST
4.1 AESTHETICS
Significant
Impact
Identified in
Housing
Element EIR
Project
Contributes to
Identified
Housing Element
EIR Impact
New or More
Severe
Significant
Impact
Peculiar to
the Project
No
Impact
Except as provided in Public Resources Code Section 21099, would the project:
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c. In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
4.1.1 Housing Element EIR Analysis
Section 4.1 of the 2023-2031 Housing Element Update Draft Environmental Impact Report (Housing Element EIR) analyzed potential impacts related to aesthetics. The Housing Element EIR determined that all impacts related to aesthetics would be less than significant, and no mitigation was prescribed. Although implementation of the Housing Element would alter the development pattern of the city such that scenic views of and from public viewpoints could be adversely affected, development pursuant to the 2023-2031 Housing Element Update (Housing Element) would occur on individual sites and would be limited.
In addition, the Housing Element EIR determined that most of the sites in the Housing Element that were identified for future development are located within a transit priority area (TPA), and aesthetic impacts in those areas cannot be considered to be significant impacts, pursuant to Senate Bill (SB) 743 (Public Resources Code [PRC] Section 21099). There are also no designated or eligible Scenic Highways in the city or with significant views of the city, and the Housing Element EIR determined that with compliance with existing regulations, including Berkeley Municipal Code (BMC) Sections
23.304.100 and 23.304.130, future development under the Housing Element would not conflict with applicable zoning and other regulations governing scenic quality or substantially add to existing light and glare in the city.
4.1.2 Project Impacts
PRC Section 21099(d) provides that, among other items, “aesthetics… impacts of a residential, mixed-use residential, or employment center project on an infill site within a transit priority area Item 7a, Attachment 8
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shall not be considered significant impacts on the environment.” Accordingly, aesthetics is no longer to be considered in determining if a project has the potential to result in significant environmental effects for projects that meet all of the following three criteria:
1. The project is residential, mixed-use residential, or an employment center.
2. The project is on an infill site.9
3. The project is in a transit priority area.10
The proposed project would result in the development of a new eight-story, mixed-use residential building containing a total of 110 dwelling units and approximately 690 square feet of commercial space on an infill site. Transit in the project vicinity includes the extensive bus transit service provided by Alameda-Contra Costa County Transit (AC Transit). The project site is located within a transit priority area because it is within 0.5 mile of several intersecting major bus routes, including Lines 7, 18, and FS. Line 7 provides bus service from the El Cerrito del Norte Bay Area Rapid Transit (BART) Transit Center to Downtown Berkeley, Line 18 provides bus service from University Village in Albany to the Lake Merritt BART Transit Center, and Line FS provides bus service from Solano Avenue and Colusa Street to the Salesforce Transit Center in San Francisco.11 These lines provide service at a frequency of less than 15 minutes during the morning and afternoon peak commute periods. In addition, as shown on the Household VMT Per Capita and Home‐Work VMT Per Worker maps in the City of Berkeley Transportation VMT Criteria and Thresholds,12 the project site is located within a TPA.
Because the proposed project meets each of the above three criteria, aesthetic impacts are not required to be considered in determining the significance of project impacts under the California Environmental Quality Act (CEQA). Project elements that relate to changes to aesthetic conditions at the site and vicinity, such as proposed building heights, architecture, effects of new light and glare, etc., will be considered as part of the planning approval process, including through design review. In addition, the proposed project would be required to adhere to the City of Berkeley (City) standard Condition of Approval (COA) for Exterior Lighting, below, which requires all exterior lighting to be energy efficient where feasible, and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.
COA: 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.
9 PRC Section 21099(a) defines an “infill site” as a lot located within an urban area that has been previously developed, or a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right‐of‐way from, parcels that are developed with qualified urban uses. 10 PRC Section 21099(a) defines a “transit priority area” as an area within 0.5 mile of an existing or planned major transit stop. A “major transit stop” is defined in Section 21064.3 of the California Public Resources Code as a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency or service interval of 15 minutes or less during the morning and afternoon peak commute periods.
11 Alameda-Contra Costa County Transit (AC Transit). 2024. Maps & Schedules. Website:
https://www.actransit.org/maps-schedules (accessed March 2025). 12 Berkeley, City of. 2020. City of Berkeley Transportation VMT Criteria and Thresholds. June 29.
Item 7a, Attachment 8
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) The proposed project would have no impact, either individually or cumulatively, on aesthetics.
4.1.3 Conclusion
Given the above analysis, development of the proposed project would not change the conclusions of the Housing Element EIR, and there would be no impact peculiar to the proposed project or the project site related to aesthetics. Impacts related to aesthetics would remain less than significant as identified in the Housing Element EIR. No further environmental analysis related to this topic is required pursuant to Sections 15183 and 15162 of the State CEQA Guidelines.
Item 7a, Attachment 8
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4.2 AGRICULTURE AND FORESTRY RESOURCES
Significant
Impact
Identified in
Housing
Element EIR
Project
Contributes to
Identified
Housing Element
EIR Impact
New or More
Severe
Significant
Impact
Peculiar to
the Project
No
Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest
resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.
Would the project:
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-
agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as
defined by Government Code Section 51104(g))?
d. Result in the loss of forest land or conversion of forest land to non-forest use?
e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
4.2.1 Housing Element EIR Analysis
Section 1.6 of the Housing Element EIR discussed issues determined to have a less than significant impact due to the unique conditions of the city and were therefore not analyzed in further detail in the Housing Element EIR, including agricultural and forestry resources. The Housing Element EIR states that the city does not have agricultural or forest lands, and the City’s General Plan and Zoning Map do not contain agricultural or forestry land designations. In addition, the Housing Element EIR determined that the city is classified as urban and built-up land under the California Department of Conservation’s (DOC) Farmland Mapping and Monitoring Program (FMMP) and there is no Williamson Act contract land within the city.
Item 7a, Attachment 8
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4.2.2 Project Impacts
The project site and vicinity are located within an urban area of the city that does not contain prime farmland, unique farmland, or farmland of Statewide importance;13 forest land; or land under a Williamson Act contract.14 In addition, the area is not zoned for any agricultural uses. The proposed project would have no impact, either individually or cumulatively, on agricultural or forest resources.
4.2.3 Conclusion
Given the above analysis, development of the proposed project would not change the conclusions of the Housing Element EIR, and there would be no impact peculiar to the proposed project or the project site related to agricultural or forestry resources. Impacts on agricultural and forestry resources would remain less than significant as identified in the Housing Element EIR. No further environmental analysis related to this topic is required pursuant to Sections 15183 and 15162 of the State CEQA Guidelines.
13 California Department of Conservation (DOC). 2022. California Important Farmland Finder (map).
Website: https://maps.conservation.ca.gov/dlrp/ciff (accessed March 2025). 14 California Department of Conservation (DOC). 2023. California Williamson Act Enrollment Finder. Website:
https://maps.conservation.ca.gov/dlrp/WilliamsonAct/ (accessed March 2025).
Item 7a, Attachment 8
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4.3 AIR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.
Significant
Impact
Identified in
Housing
Element EIR
Project
Contributes to
Identified
Housing Element
EIR Impact
New or More
Severe
Significant
Impact
Peculiar to
the Project
No
Impact
Would the project:
a. Conflict with or obstruct implementation of the applicable air quality plan?
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard?
c. Expose sensitive receptors to substantial pollutant
concentrations?
d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
4.3.1 Housing Element EIR Analysis
Section 4.2 of the Housing Element EIR analyzed potential impacts related to air quality. The Housing Element EIR determined that all impacts related to air quality would either be less than significant or less than significant with incorporation of prescribed mitigation measures. The Housing Element EIR determined that implementation of the Housing Element would not conflict with the control measures within the 2017 Clean Air Plan, and the vehicle miles traveled (VMT) increase from implementation of the Housing Element would be less than the projected population increase. In addition, development facilitated by the Housing Element would not create objectionable odors that could affect a substantial number of people. Therefore, implementation of the Housing Element would not conflict with or obstruct implementation of applicable air quality plans or result in objectionable odors, and no mitigation was prescribed.
The Housing Element EIR also determined that construction facilitated by the Housing Element would temporarily increase air pollutant emissions, which would affect local air quality. However, implementation of Mitigation Measure AQ-1, which requires compliance with the current Bay Area Air District (Air District) basic control measures for reducing construction emissions of PM10, and adherence to the City’s COAs would reduce construction emissions such that impacts would be less than significant.
In addition, the Housing Element EIR determined that construction activities for individual projects facilitated by the Housing Element lasting longer than 2 months or located within 1,000 feet of sensitive receptors could expose sensitive receptors to substantial pollutant concentrations.
Additionally, development facilitated by the Housing Element would site new sensitive land uses near Interstate 580/Interstate 80 (I-580/I-80), which may expose them to substantial pollutant concentrations. However, implementation of Mitigation Measure AQ-2, which requires construction Item 7a, Attachment 8
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) health risk assessments for projects where construction activities would occur within 1,000 feet of sensitive receptors, would last longer than 2 months and would not utilize Tier 4 and/or alternative fuel construction equipment. Mitigation Measure AQ-3, which details design features for residential development located within 1,000 feet of I-580/I-80 or on a lot that fronts on a section of roadway with 10,000 vehicles per day or more, would reduce this impact to less than significant.
4.3.2 Project Impacts
The information and analysis in this section is based on the Air Quality Analysis Technical Memorandum15 prepared for the proposed project. This report is provided as Appendix A. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? The applicable air quality plan is the Air District’s 2017 Clean Air Plan, which defines control strategies to reduce emissions and ambient concentrations of air pollutants, safeguard public health by reducing exposure to air pollutants that pose the greatest heath risk (with an emphasis on protecting the communities most heavily affected by air pollution), and reduce greenhouse gas (GHG) emissions to protect the climate. Consistency with the 2017 Clean Air Plan can be determined if the project (1) supports the goals of the Clean Air Plan, (2) includes applicable control measures from the Clean Air Plan, and (3) would not disrupt or hinder implementation of any control measures from the Clean Air Plan.
Clean Air Plan Goals. The primary goals of the Air District’s 2017 Clean Air Plan are to attain air quality standards, reduce population exposure and protect public health in the Bay Area, and reduce GHG emissions and protect the climate.
The Air District has established significance thresholds for project construction and operational impacts at a level at which the cumulative impact of exceeding these thresholds would have an adverse impact on the region’s attainment of air quality standards. The health and hazards thresholds were established to help protect public health. As discussed below, construction and operation of the proposed project would not result in the generation of criteria air pollutants that would exceed Air District thresholds of significance after the implementation of mitigation.
Therefore, the proposed project would not conflict with the 2017 Clean Air Plan goals.
Clean Air Plan Control Measures. The control strategies of the 2017 Clean Air Plan include measures in the following categories: Stationary Source Measures, Transportation Measures, Energy Measures, Building Measures, Agriculture Measures, Natural and Working Lands Measures, Waste Management Measures, Water Measures, and Super-GHG Pollutants Measures. The proposed project’s compliance with each of these control measures is discussed below:
• Stationary Source Control Measures: The Stationary Source Control Measures, which are designed to reduce emissions from stationary sources such as metal melting facilities, cement kilns, refineries, and glass furnaces, are incorporated into rules adopted by the Air District and then enforced by the Air District Permit and Inspection programs. Since the proposed project
15 LSA Associates, Inc. 2025. Air Quality Analysis Technical Memorandum for the 2109 Virginia Street Project.
August 15.
Item 7a, Attachment 8
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would not include any of these stationary sources, the Stationary Source Control Measures of the 2017 Clean Air Plan are not applicable to the proposed project. • Transportation Control Measures: The Air District identifies Transportation Control Measures as part of the 2017 Clean Air Plan to decrease emissions of criteria pollutants, toxic air contaminants (TACs), and GHGs by reducing demand for motor vehicle travel, promoting efficient vehicles and transit service, decarbonizing transportation fuels, and electrifying motor vehicles and equipment. The proposed project would construct a mixed-use residential building consisting of 110 dwelling units and 690 square feet of commercial space. The proposed project would locate residential uses within walking or bicycling distance to surrounding commercial shopping areas, thereby reducing the demand for travel by single-occupancy vehicles. The proposed project would also provide paved pedestrian pathways that would circle around the perimeter of the proposed development and that would provide access to Virginia Street and Shattuck Avenue, which would increase connectivity with the surrounding areas. In addition, existing bus stations and other high-quality transit services are within 0.5 mile of the project site along Shattuck Avenue (refer to Section 4.1.2). Therefore, the proposed project would support the ability to use alternative modes of transportation, would promote initiatives to reduce vehicle trips and vehicle miles traveled, and would increase the use of alternate means of transportation. Therefore, the proposed project would not conflict with the identified Transportation Control Measures of the 2017 Clean Air Plan.Energy Control Measures: The 2017 Clean Air Plan also includes Energy Control Measures, which are designed to reduce emissions of criteria air pollutants, TACs, and GHGs by decreasing the amount of electricity consumed in the Bay Area and decreasing the carbon intensity of the electricity used by switching to less GHG- intensive fuel sources for electricity generation. Since these measures apply to electrical utility providers and local government agencies (and not individual projects), the Energy Control Measures of the 2017 Clean Air Plan are not applicable to the proposed project. • Building Control Measures: The Air District has authority to regulate emissions from certain sources in buildings such as boilers and water heaters but has limited authority to regulate buildings themselves. Therefore, the strategies in the Building Control Measures for this sector focus on working with local governments that do have authority over local building codes so as to facilitate adoption of best GHG control practices and policies. The proposed project would be required to comply with the latest Title 24 standards of the California Code of Regulations (CCR) regarding energy conservation and green building standards. Therefore, the proposed project would not conflict with any of the Building Control Measures. • Agriculture Control Measures: The Agriculture Control Measures are designed to primarily reduce emissions of methane. Since the project does not include any agricultural activities, the Agriculture Control Measures of the 2017 Clean Air Plan do not apply to the proposed project. • Natural and Working Lands Control Measures: The Natural and Working Lands Control Measures focus on increasing carbon sequestration on rangelands and wetlands and encouraging local governments to adopt ordinances that promote urban tree plantings. Since the proposed project does not include the disturbance of any rangelands or wetlands, the Item 7a, Attachment 8
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) Natural and Working Lands Control Measures of the Clean Air Plan do not apply to the proposed project.
• Waste Management Control Measures: The Waste Management Control Measures focus on reducing or capturing methane emissions from landfills and composting facilities, diverting organic materials away from landfills, and increasing waste diversion rates through efforts to reduce, reuse, and recycle. The proposed project would comply with local requirements for waste management (e.g., recycling and composting services). Therefore, the proposed project would be consistent with the Waste Management Control Measures of the 2017 Clean Air Plan. • Water Control Measures: The Water Control Measures focus on reducing emissions of criteria pollutants, TACs, and GHGs by encouraging water conservation, limiting GHG emissions from publicly owned treatment works (POTW), and promoting the use of biogas recovery systems.
Since these measures apply to POTWs and local government agencies (and not individual projects), the Water Control Measures are not applicable to the proposed project. • Super GHG Control Measures: The Super-GHG Control Measures are designed to facilitate the adoption of best GHG control practices and policies through the Air District and local government agencies. Since these measures do not apply to individual projects, the Super-GHG Control Measures do not apply to the proposed project.
Clean Air Plan Implementation. As discussed above, the proposed project would generally implement the applicable measures outlined in the 2017 Clean Air Plan, including Transportation Control Measures. Therefore, the proposed project would not conflict with or obstruct implementation of the applicable air quality plan.
b) Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation?
The Air District is currently designated as a nonattainment area for State and federal ozone standards and federal particulate matter (PM) ambient air quality standards (AAQS). The Air District’s nonattainment status is attributed to the region’s development history. Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of AAQS. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant.
In developing thresholds of significance for air pollutants, the Air District considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions.
Therefore, additional analysis to assess cumulative impacts is unnecessary. The following analysis assesses the potential project-level construction- and operation-related air quality impacts.
Item 7a, Attachment 8
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Construction Emissions. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by demolition, grading, building, paving, and other activities. Emissions from construction equipment are also anticipated and would include carbon monoxide (CO), nitrogen oxides (NOX), reactive organic gases (ROGs), directly emitted particulate matter (particulate matter less than 2.5 microns and 10 microns in size [PM2.5 and PM10, respectively]), and toxic air contaminants (TACs) (e.g., diesel exhaust particulate matter [DPM]).
Project construction activities would include demolition, site preparation, grading, building, paving, and architectural coating (painting). Construction-related effects on air quality from the proposed project would be greatest during demolition, grading, and site preparation phases due to the disturbance of soils. If not properly controlled, these activities would temporarily generate particulate emissions. Sources of fugitive dust would include disturbed soils at the construction site.
Unless properly controlled, vehicles leaving the site would deposit dirt and mud on local streets, which could be an additional source of airborne dust after it dries. PM10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would depend on soil moisture, silt content of soil, wind speed, and the amount of operating equipment. Larger dust particles would settle near the source, while fine particles would disperse over greater distances from the construction site.
Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. The Air District has established standard measures for reducing fugitive dust emissions (PM10). With the implementation of these basic best management practices (BMPs), fugitive dust emissions from construction activities would not result in adverse air quality impacts. In addition, the City of Berkeley has established COA: Public Works – Implement Air District- Recommended Measures During Construction, which requires the implementation of the Air District’s basic BMPs.
In addition to dust-related PM10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO, NOX, ROGs, and some soot particulate (PM2.5 and PM10) in exhaust emissions. If construction activities were to increase traffic congestion in the area, CO and other emissions from traffic would increase slightly while those vehicles idle in traffic. These emissions would be temporary in nature and limited to the immediate area surrounding the construction site.
The California Emissions Estimator Model (CalEEMod) was used to calculate emissions from on-site construction equipment and emissions from worker and vehicle trips to the site. Construction- related emissions are presented in Table 4.3.A, below.
Item 7a, Attachment 8
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) Table 4.3.A: Project Construction Emissions
Project Construction
Average Daily Pollutant Emissions (lbs/day)
ROGs NOX Exhaust PM10 Fugitive
Dust PM10 Exhaust PM2.5 Fugitive Dust
PM2.5
2026 0.3 6.4 0.2 0.6 0.2 0.2
2027 4.8 7.3 0.3 0.6 0.2 0.1
Maximum Average Daily Emissions 4.8 7.3 0.3 0.6 0.2 0.2 Air District Thresholds 54.0 54.0 82.0 BMP 54.0 BMP
Exceeds Threshold? No No No No No No
Source: Compiled by LSA (August 2025).
Air District = Bay Area Air District
BMP = best management practice
lbs/day = pounds per day
NOX = nitrogen oxides
PM2.5 = particulate matter 2.5 microns or less in size
PM10 = particulate matter 10 microns or less in size
ROGs = reactive organic gases
As shown in Table 4.3.A, construction emissions associated with the project would not exceed the Air District’s thresholds for ROGs, NOX, CO, exhaust PM10, and exhaust PM2.5 emissions. In addition to the Air District regulations, the City requires the implementation of COA: Public Works – Implement Air District-Recommended Measures During Construction, which are consistent with the Air District’s requirements for fugitive dust impacts. The City also requires the implementation of COA: Air Quality – Diesel Particulate Matter Controls During Construction to require cleaner construction equipment for projects with construction lasting more than 2 months. With implementation of these COAs, which are outlined below, construction impacts would be less than significant.
COA: Public Works – Implement Air District-Recommended Measures During Construction.
For all proposed projects, Air District recommends implementing all the Basic Best Management Practices, 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 tracked-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.
• 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 Item 7a, Attachment 8
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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’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly-visible sign shall be posted with the telephone number and person to contact at the City of Berkeley 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.
COA: 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 Air District and Office of Environmental Health Hazard Assessment (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.
In addition, a Construction Emissions Minimization Plan (Emissions Plan) shall be prepared that includes the following:
• 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.
• 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.
The proposed project would be required to comply with the above City-required COAs, which are consistent with Housing Element EIR Mitigation Measure AQ-1, requiring compliance with the Air District’s basic control measures for reducing construction emissions of PM10. The Air District’s Basic BMPs would be implemented during the construction period through compliance with the City’s COA.
Item 7a, Attachment 8
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) Also refer to Section 4.3.2.c, below, which discusses potential health risk impacts to sensitive receptors during project construction. In compliance with COA: Air Quality – Diesel Particulate Matter Controls During Construction, the proposed project would use at least Tier 2 equipment in conjunction with the most effective Verified Diesel Emission Control Strategies (VDECS) available for the engine type during project construction and will prepare a Construction Emission Minimization Plan. The City has determined that implementation of these measures reduce emissions to such an extent that sensitive receptors would not be exposed to substantial pollutant concentrations during project construction. As such, construction of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or State AAQS, and impacts would be less than significant.
Operational Emissions. Long-term air pollutant emission impacts are those associated with mobile sources (e.g., vehicle trips), energy sources (e.g., natural gas), and area sources (e.g., architectural coatings and the use of landscape maintenance equipment) related to the proposed project. Mobile source emissions include ROG and NOX emissions that contribute to the formation of ozone.
Additionally, PM10 emissions result from running exhaust, tire and brake wear, and the entrainment of dust into the atmosphere from vehicles traveling on paved roadways. Energy source emissions would generally result from activities in buildings for which natural gas is used. Typically, area source emissions consist of direct sources of air emissions located at the project site, including architectural coatings, consumer products, and the use of landscape maintenance equipment.
As discussed above, the Air District has developed screening criteria to provide lead agencies with a conservative indication of whether a proposed project would result in potentially significant air quality impacts. If all of the screening criteria are met by a proposed project, then the lead agency would not need to perform a detailed air quality assessment of the proposed project’s emissions.
These screening levels are generally representative without any form of mitigation measures taken into consideration. In addition, the screening criteria do not account for project design features, attributes, or local development requirements that could also result in lower emissions.
For operational criteria pollutants, the Air District screening size for Apartment Housing land uses is 638 units and for Strip Mall land uses is 204,000 square feet. The proposed project would construct a mixed-use residential building consisting of 110 dwelling units and 690 square feet of commercial space. Based on the Air District’s screening criteria, operational activities associated with the proposed project are not anticipated to exceed established thresholds; therefore, operation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project is in non-attainment under applicable federal or State AAQS. Impacts would be less than significant, and no mitigation is required.
Long-Term Microscale (CO Hot Spot) Analysis. Emissions and ambient concentrations of CO have decreased dramatically in the Bay Area with the introduction of the catalytic converter in 1975. No exceedances of the State or federal CO standards have been recorded at Bay Area monitoring stations since 1991. The Air District’s CEQA Guidelines include recommended methodologies for quantifying concentrations of localized CO levels for proposed transportation projects. A screening level analysis using guidance from the Air District CEQA Guidelines was performed to determine the impacts of the proposed project. The screening methodology provides a conservative indication for Item 7a, Attachment 8
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whether the implementation of a proposed project would result in significant CO emissions.
According to the Air District’s CEQA Guidelines, a proposed project would result in a less than significant impact to localized CO concentrations if the following screening criteria are met:
• The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, and the regional transportation plan and local congestion management agency plans.
• Project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour.
• The project would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, or below-grade roadway).
Implementation of the proposed project would not conflict with the policies or programs of the Alameda County Transportation Commission. Based on the size of the project, the proposed project did not meet the criteria for an evaluation of study area intersection or roadway segment level of service (LOS). The proposed project includes the construction of a parking garage; therefore, the applicable screening threshold would be 24,000 vehicles per hour (vph). The proposed project would generate 561 average daily trips, including 37 AM peak-hour trips and 36 PM peak-hour trips.
Therefore, based on the average daily trips generated by the proposed project, it is anticipated that the project’s contribution to peak-hour traffic volumes at intersections in the vicinity of the project site and within the parking garage would be well below 24,000 vph. As such, the CO concentrations are not expected to significantly increase as a result of the project, and the proposed project would not result in localized CO concentrations that exceed State or federal standards. c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?
Sensitive receptors are defined as people that have an increased sensitivity to air pollution or environmental contaminants. Sensitive receptor locations include schools, parks and playgrounds, daycare centers, nursing homes, hospitals, and residential dwelling units. The closest sensitive receptor to the project site includes a single-family home located immediately east of the project site at approximately 40 feet measured from the project eastern boundary to the residential building façade.
Construction Emissions. Construction activities can expose sensitive receptors to airborne particulates and fugitive dust as well as a small quantity of construction equipment pollutants (i.e., diesel-fueled vehicles and equipment). Construction contractors would be required to implement COA: Public Works – Implement Air District-Recommended Measures During Construction.
Additionally, given the proximity of the nearby receptors, the City would also require implementation of COA: Air Quality – Diesel Particulate Matter Controls During Construction to Item 7a, Attachment 8
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) ensure the proposed project would not result in a significant health risk impact to nearby sensitive receptors.
As provided above, the Housing Element EIR prescribed Mitigation Measure AQ-2, which requires construction health risk assessments for projects where construction activities would occur within 1,000 feet of sensitive receptors, would last longer than 2 months, and would not utilize Tier 4 and/or alternative fuel construction equipment. The project sponsor has not prepared a health risk assessment; however, consistent with COA: Air Quality – Diesel Particulate Matter Controls During Construction, the proposed project would use at least Tier 2 equipment in conjunction with the most effective VDECS available for the engine type during project construction and will prepare a Construction Emission Minimization Plan. The City has determined that implementation of these measures reduce emissions to such an extent that sensitive receptors would not be exposed to substantial pollutant concentrations during project construction. Therefore, with implementation of COA: Air Quality – Diesel Particulate Matter Controls During Construction, project construction health risk impacts would be less than significant, and Housing Element EIR Mitigation Measure AQ-2 would not be applicable to the proposed project.
Operational Emissions. Land uses that have the potential to expose sensitive receptors to TACs include distribution centers, rail yards, ports, refineries, chrome plating facilities, dry cleaners, and large gas dispensing facilities. In addition, various commercial and industrial processes have the potential to emit TACs associated with the use of diesel-fueled trucks or equipment. The proposed project would construct a mixed-use residential building consisting of 110 dwelling units and 690 square feet of commercial space. The proposed project does not include any uses that would generate a substantial amount of DPM emissions from off-road equipment use or truck idling that would result in the generation of a substantial amount of TACs. In addition, as identified above, operational activities associated with the proposed project are not anticipated to exceed the Air District’s established thresholds; thus, operation of the proposed project is not expected to have a significant impact on sensitive receptors. As such, once operational, the proposed project would not be a source of substantial emissions. The proposed project would not expose sensitive receptors to substantial levels of TACs.
In addition, because the project site is within 1,000 feet of a roadway with more than 10,000 vehicles per day (vpd) (i.e., Shattuck Avenue)16, the proposed project would be required to implement Housing Element EIR Mitigation Measure AQ-3, which details design features for residential development located within 1,000 feet of I-580/I-80 or on a lot that fronts on a section of roadway with 10,000 vpd or more. Project design features would include installing a HVAC system with high efficiency particulate filters (HEPA), weatherproofed windows, and ongoing maintenance of the HVAC and infiltration systems. With implementation of Housing Element EIR Mitigation Measure AQ-3, impacts associated with exposing sensitive land uses to substantial pollutant concentrations would be less than significant.
16 City of Berkeley. 2001. Berkeley General Plan, Transportation Element. December 18.
Item 7a, Attachment 8
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d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
During construction, the various diesel-powered vehicles and equipment in use on site would create localized odors. These odors would be temporary and are not likely to be noticeable for extended periods of time beyond the project site.
Odor-generating land uses typically include wastewater treatment plants, landfills, and food manufacturing facilities. The proposed project would construct a mixed-use residential building consisting of 110 dwelling units and 690 square feet of commercial space. Therefore, the proposed land uses would not be considered potential generators of odor that could affect a substantial number of people. Additionally, the proposed uses that would be developed within the project site are not expected to produce any offensive odors that would result in frequent odor complaints. The proposed project would also include trash enclosures, which would reduce any potential for odors from project-related waste. Therefore, the proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
4.3.3 Conclusion
Given the above analysis, development of the proposed project would not change the conclusions of the Housing Element EIR, and there would be no impact peculiar to the proposed project or the project site related to air quality. Impacts related to air quality would remain less than significant with the incorporation of mitigation, as identified in the Housing Element EIR. No further environmental analysis related to this topic is required pursuant to Sections 15183 and 15162 of the State CEQA Guidelines.
Item 7a, Attachment 8
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4.4 BIOLOGICAL RESOURCES
Significant
Impact
Identified in
Housing
Element EIR
Project
Contributes to
Identified
Housing Element
EIR Impact
New or More
Severe
Significant
Impact
Peculiar to
the Project
No
Impact
Would the project:
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a
candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
4.4.1 Housing Element EIR Analysis
Section 4.3 of the Housing Element EIR analyzed potential impacts related to biological resources.
The Housing Element EIR determined that all impacts on biological resources would either be less than significant or no impact would occur. No mitigation measures were prescribed because future development would be subject to the policies contained in the City’s General Plan, including Policies EM-1, EM-3, and EM-5, which encourage the City to adopt and implement environmental management programs, promote the City’s environmental management and sustainability policies and programs and encourage other cities in the region to establish similar or better policies and programs, and promote and encourage compliance with “green” building standards, as well as the City’s COA: Nesting Birds, which prohibits vegetation removal during the general avian nesting season (February 1 to August 31) and requires that preconstruction nesting bird surveys be performed.
In addition, future development projects would also be subject to State and federal laws, regulations, and management policies regarding biological resources (e.g., federal Endangered Item 7a, Attachment 8
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Species Act [FESA]) and would be reviewed to determine whether their impacts fall within the scope of the Housing Element EIR, or if additional site-specific environmental review will be required.
Therefore, the Housing Element EIR determined that potential impacts on special-status species would be less than significant. In addition, the Housing Element EIR indicated that although some riparian areas may occur within or adjacent to the city, the specific development areas identified in the Housing Element are in already developed urban areas and no impacts to riparian areas are anticipated. The Housing Element EIR determined that the majority of the housing opportunity sites are located on infill sites that are already developed with structures and/or parking and are not proximate to wetlands or waterways. For development that would occur in these areas, Berkeley’s creek protection ordinance (BMC Chapter 17.08) and permitting pursuant to Section 404/401 of the Clean Water Act (CWA), Section 1600 et seq. of the California Fish and Game Code, and the Porter- Cologne Water Quality Control Act would be required. Therefore, the Housing Element EIR determined that compliance with these existing regulations would ensure impacts to wetlands would be less than significant.
In addition, the Housing Element EIR determined that impacts related to migratory corridors and inconsistency with local policies or ordinances protecting biological resources would be less than significant with adherence to existing regulations, including General Plan Policies EM-28, EM-29, and EM-30, BMC Chapter 17.08, the City’s bird safety requirements, and the City’s Tree Ordinance (BMC No. 6,509-N-S).
4.4.2 Project Impacts
The 0.51-acre site is located in a highly urbanized area of Berkeley and situated among existing commercial and residential uses. Due to previous disturbance of the project site and the surrounding urban area, use of the project site by wildlife is expected to be limited. Vegetation on the project site is limited to street trees along Shattuck Avenue.
To establish existing conditions related to biological resources, the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB)17 was reviewed for lists of special-status species that have occurred or could occur within 0.5 mile of the project site.
Special-Status Plants and Wildlife. A total of six special-status wildlife species and two special-status plant species have CNDDB occurrences within 0.5 mile of the project site, as provided in Table 4.4.A.
Table 4.4.A: Special-Status Species Within 0.5 Mile of the Project Site Species Taxonomic Group Status1
Animals
Pallid bat (Antrozous pallidus) Mammal -/CSC
Hoary bat (Lasiurus cinereus) Mammal None2
Big free-tailed bat (Nyctinomops macrotis) Mammal -/CSC Crotch’s bumble bee (Bombus crotchii) Insect -/CE
Bridges’ coast range shoulderband (Helminthoglypta nickliniana bridgesi) Mollusk None2
17 California Department of Fish and Wildlife (CDFW). 2022. California Natural Diversity Database, commercial version dated April 30, 2022. Biogeographic Data Branch, Sacramento.
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) Table 4.4.A: Special-Status Species Within 0.5 Mile of the Project Site Species Taxonomic Group Status1
Pacific walker (Pomotiopsis californica) Mollusk None2
Plants
Dark eyed gilia (Gilia millefoliata) Dicot 1B.2
Marin knotweed (Polygonum marinense) Dicot 3.1
Source: Compiled by LSA (2025).
1 Federal/State
CE = Candidate Endangered
CSC = California Species of Special Concern
1B.2 = Plants rare, threatened, or endangered in California and elsewhere; fairly threatened in California
3.1 = Plants moderately rare, threatened, or endangered in California 2 This species is not listed on the Federal or State Endangered/Threatened Species list but is included on the State of California Natural Resources Agency Department of Fish and Wildlife CNDDB Special Animals List (April 2024).
CNDDB = California Natural Diversity Database
Riparian Habitat or Other Sensitive Natural Communities. The CNDDB contains no occurrences for sensitive natural communities within 0.5 mile of the project site. In addition, there are no sensitive natural communities or riparian habitat on the project site. a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
The proposed project would result in redevelopment of the project site with commercial and residential uses. The project site has negligible value as habitat for any species listed as endangered or threatened by the FESA or California Endangered Species Act (CESA). The site is entirely paved and developed with the on site building; therefore, none of the special-status plant species are expected to occur on the site. Similarly, no suitable habitat (e.g., streams, marshes, or chaparral) for most of the special-status wildlife in the area occurs on the site.
The existing building on the project site is not expected to provide habitat or roosting sites for bats due to the highly urbanized surrounding area and because it is not abandoned or vacant, which is usually where bats roost. Therefore, the demolition of the existing structure would not result in impacts on bat species.
The proposed project would develop the project site with a new eight-story building, which could increase the potential for bird strikes. However, the proposed project would be required to adhere to BMC Section 23.304.150, which details the City’s bird safe building requirements. As stated in BMC Section 23.304.150, transparent or reflective material (e.g., windows) associated with future development of the project site would be required to either have an American Bird Conservancy Threat Factor Rating of 30 or less or undergo pattern glazing treatment. In addition, all panes with exterior screens, shutters, or shading devices would be required to be installed permanently over windows, structures, and building features such that there is no gap larger than 9 inches in any single dimension.
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In addition, all native birds and their nests, regardless of their regulatory status, are protected by the California Fish and Game Code. If conducted during the breeding season (February through August), vegetation removal and other demolition or construction activities could directly impact nesting birds by removing trees and/or vegetation or structures that support active nests. Implementation of COA: Avoid Disturbance of Nesting Birds would ensure that potential impacts to special-status species would be less than significant.
COA: 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 31), 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 Migratory Bird Treaty Act and the California Fish and Game Code, 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 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.
With adherence to all applicable City requirements, including BMC Section 23.304.150 and COA:
Avoid Disturbance of Nesting Birds, potential impacts associated with special-status species would not occur.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? The proposed project would not adversely affect any sensitive natural communities or riparian habitat, which is absent from the project site. There would be no impact to riparian habitats or sensitive natural communities.
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P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) c) Would the project have a substantial adverse effect on state or federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? According to the United States Fish and Wildlife Service (USFWS) National Wetlands Inventory,18 no protected wetlands are present on the project site. The proposed project would have no impact related to State or federally protected wetlands.
d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The project site is not located within a migratory wildlife movement corridor. Most of the species that likely use the site are “generalists” that are adept at moving through urban landscapes.
However, trees, shrubs, other vegetation, and structures have the potential to support nests of many common native bird species. All native birds and their nests, regardless of their regulatory status, are protected by the California Fish and Game Code. If conducted during the breeding season (February through August), vegetation removal and other demolition or construction activities could directly impact nesting birds by removing trees and/or vegetation, or structures that support active nests. As discussed above under Section 4.4.a, implementation of COA: Avoid Disturbance of Nesting Birds would ensure that there would be no impacts to nesting birds. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
BMC Section 12.44.02019 protects certain trees, including street trees, within the city. As discussed above, street trees are present along Shattuck Avenue. The trees are considered protected trees under BMC Section 12.44.020. As shown on Figure 3-4, all but one of the existing street trees along Shattuck Avenue would be protected in place and two new trees would be planted along Virginia Street.
Construction of the proposed project would comply with the City’s Tree Preservation Guidelines, including the establishment of a tree protection zone, tree protection fencing, adding irrigation and
18 United States Fish and Wildlife Service (USFWS). National Wetlands Inventory. Website: https://fws primary.wim.usgs.gov/wetlands/apps/wetlands-mapper/ (accessed March 2025). 19 BMC Section 12.44.020: It unlawful for any person to cut, trim, remove, mutilate, injure or in any way impair the growth of any tree, shrub or plant being or growing in or on any public property within the City, or to cause or permit the same to be done. Provided, however, that in the event that any person desires permission to cut, trim, remove or in any way impair the natural growth of any such tree, shrub or plant, application shall first be made to the Director of Recreation and Parks for a permit therefor. Upon receipt of such application, the Director of Recreation and Parks may cause an inspection to be made and may thereafter issue or refuse to issue a permit for such work. Provided, further, that whenever it is deemed necessary by the Director of Recreation and Parks, he may require the work specified in said application, or any part thereof, to be done under his supervision, and the cost of such supervision shall be borne by the project sponsor if so determined by the Director of Recreation and Parks.
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mulch, and specifications for if any root pruning occurs. Further, the proposed project would replace the one removed street tree in accordance with the City’s Tree Planting Location Standards. 20 The proposed project would not conflict with any local policies or ordinances protecting biological resources, and no potential impacts to protected trees would occur. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The project area is not subject to any adopted habitat conservation plan or natural community conservation plan. As such, the proposed project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Plan, or other approved local, regional, or State habitat conservation plan, and no impact would occur.
4.4.3 Conclusion
Given the above analysis, development of the proposed project would not change the conclusions of the Housing Element EIR, and there would be no impact peculiar to the proposed project or the project site related to biological resources. Impacts on biological resources would remain less than significant as identified in the Housing Element EIR. No further environmental analysis related to this topic is required pursuant to Sections 15183 and 15162 of the State CEQA Guidelines.
20 Berkeley, City of. 2022b. Tree Planting Location Standards. February.
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4.5 CULTURAL RESOURCES
Significant
Impact
Identified in
Housing
Element EIR
Project
Contributes to
Identified
Housing Element
EIR Impact
New or More
Severe
Significant
Impact
Peculiar to
the Project
No
Impact
Would the project:
a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b. Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5?
c. Disturb any human remains, including those interred outside of formal cemeteries?
4.5.1 Housing Element EIR Analysis
Section 4.4 of the Housing Element EIR analyzed potential impacts related to cultural resources. The Housing Element EIR determined that potential impacts on archeological resources, including human remains, would be less than significant; however, impacts to historical resources were determined to be significant and unavoidable even with implementation of mitigation measures.
The Housing Element EIR also identified a cumulatively considerable impact related to historical resources.
The Housing Element EIR determined that although development facilitated by the Housing Element could adversely affect identified and previously unidentified archeological resources, including human remains, adherence to the City’s COA: Archeological Resources and COA: Human Remains would ensure impacts would be less than significant.
The Housing Element EIR also determined that future development facilitated by the Housing Element could result in the material impairment of a historical resource if demolition of a historical structure occurs as part of that future development. The City has adopted regulations that would apply to future development facilitated by the Housing Element, including the City’s Landmarks Preservation Commission ordinance, which provides procedures for the local designation of historical resources. The ordinance also includes a provision for a permit review, which allows the Landmarks Preservation Commission to review and approve any construction, alteration, or demolition of a designated landmark, buildings in designated historic districts, and structures of merit. In addition, the Housing Element EIR prescribed Mitigation Measure CUL-1, which requires the City to conduct a citywide historic context statement and a cultural resource survey to identify historic resources, and Mitigation Measure CUL-2, which requires a historical resources assessment be prepared for projects that are subject to discretionary review when a historical-age building or structure that has not been previously evaluated is present. However, even with implementation of the prescribed mitigation measures, the Housing Element EIR determined that existing and eligible historical resources could still be materially impaired by future development because specific actions intended for the reduction of impacts to historical resources could be deemed infeasible.
Therefore, the Housing Element EIR determined that impacts to historical resources would be significant and unavoidable.
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4.5.2 Project Impacts
a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?
The records search of the Northwest Information Center (NWIC) database indicates there is one potentially historic resource (i.e., the existing commercial building) located on the project site and one historic resource (i.e., a historic building located at 1540 Shattuck Avenue) within 0.25 mile of the project site. In addition, the NWIC record search results identified 10 cultural reports that have been previously conducted within the 0.25-mile study area and 18 previously conducted cultural reports have included a portion of the project site within their search radius.
Pursuant to Housing Element EIR Mitigation Measure CUL-2, a Historical Resources Evaluation (HRE) was prepared 21 to evaluate the existing structure’s eligibility for listing in the California Register of Historical Resources (California Register) and whether the existing structure meets the criteria for designation as a City of Berkeley Landmark and/or Structure of Merit. This report was peer reviewed by LSA.
The HRE found that the existing structure, which was initially built in 1906, was remodeled several times, and various parts of the building are incongruous in form. As such, the building represents various architectural styles. In addition, the structure suffered a number of fires during its history, the last of which (in 1981) destroyed almost the entire building. Only the portion of the building fronting Shattuck Avenue was repaired/reconstructed, and it was given an entirely different architectural treatment than it previously had. The HRE did not find a significant connection to historically significant events or people. Therefore, the HRE concluded that the existing building does not appear eligible for listing in the California Register, or as a candidate Berkeley Landmark, or as a Structure of Merit due to a general lack of historical significance relating to events or people, which is exacerbated by its substantial loss of integrity and subsequent inability to represent any of its history prior to 1981.
Because no historical resources as defined by State CEQA Guidelines Section 15064.5(b)(2)(A)(B) are present at the project site, implementation of the proposed project would not cause a substantial adverse change in the significance of a historical resource. b) Would the project cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5?
The search of the NWIC database indicates there are no previously recorded archeological cultural resources at the project site. Therefore, no archeological resources are currently known to exist on the project site. However, the proposed project would include excavation to a depth of approximately 6 feet below the ground surface. Ground-disturbing activities could have a substantial adverse change on unrecorded buried archeological deposits that qualify as historical resources, as defined in State CEQA Guidelines Section 15064.5, and could materially impair pre-
21 Left Coast Architectural History. 2024. Historical Resources Evaluation. April 23.
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COA: Archeological Resources. (Ongoing throughout demolition, grading, and/or construction). Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique archeological 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 archeologist, historian or paleontologist to assess the significance of the find.
B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.
C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.
D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.
E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.
Implementation of the appropriate procedures required by COA: Archeological Resources for the treatment of archeological resources and deposits would ensure that these resources are protected if encountered at the project site during construction by including stop work procedures in the event of a find as well as handling procedures. With this COA in place, the project would have no impact on archeological resources.
c) Would the project disturb any humans remains, including those interred outside of formal cemeteries?
No human remains have been identified at the project site; however, the proposed project would require excavation to a depth of approximately 5 feet below the ground surface. Ground-disturbing activities could disturb, and in turn have a substantial adverse change on, unrecorded human remains. However, the proposed project would be required to comply with the City’s COA: Human Remains, which addresses this potential impact.
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COA: 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.
Implementation of the appropriate procedures required under State law and by COA: Human Remains for the treatment of Native American remains would ensure that descendant communities have significant input in the treatment and final disposition of human remains, if encountered at the project site during construction. With these regulations and conditions of approval in place, the project would have no impact on human remains, including those interred outside of formal cemeteries.
4.5.3 Conclusion
Given the above analysis, development of the proposed project would not change the conclusions of the Housing Element EIR, and there would be no impact peculiar to the proposed project or the project site related to cultural resources, including historical resources. Impacts on archeological resources would remain less than significant, and impacts on historical resources would remain significant and unavoidable as identified in the Housing Element EIR. Because the proposed project would result in no impact on historic resources, the proposed project would not contribute to, exacerbate, or increase the significant unavoidable impact identified in the Housing Element EIR. No further environmental analysis related to this topic is required pursuant to Sections 15183 and 15162 of the State CEQA Guidelines.
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4.6 ENERGY
Significant
Impact
Identified in
Housing
Element EIR
Project
Contributes to
Identified
Housing Element
EIR Impact
New or More
Severe
Significant
Impact
Peculiar to
the Project
No
Impact
Would the project:
a. Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation?
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
4.6.1 Housing Element EIR Analysis
Section 4.5 of the Housing Element EIR analyzed potential impacts related to energy. The Housing Element EIR determined that all impacts related to energy would be less than significant, and no mitigation was prescribed. The Housing Element EIR determined that although construction and operation of future development facilitated by the Housing Element would require temporary and long-term consumption of energy resources, future development would not result in the wasteful, inefficient, or unnecessary consumption of energy resources with adherence to State and local regulations. In addition, the Housing Element EIR determined that the Housing Element would be consistent with the State plans and General Plan policies related to energy efficiency and utilizing renewable energy.
4.6.2 Project Impacts
a) Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation?
Construction Energy Use. The anticipated construction schedule assumes that construction of the proposed project would begin in March 2026 and last for approximately 21 months. The proposed project would require demolition, grading, site preparation, and building activities during construction.
Proposed project construction would require energy for the manufacture and transportation of building materials, preparation of the site for grading activities, and building construction.
Petroleum fuels (e.g., diesel and gasoline) would be the primary sources of energy for these activities. To increase energy efficiency on the site during project construction, idling times would be restricted to 5 minutes or less and construction workers would be required to shut off idle equipment, as required by COA: Public Works – Implement Air District-Recommended Measures During Construction. Energy usage on the project site during construction would be temporary in nature and would be relatively small in comparison to the State’s available energy sources.
Operational Energy Use. Typically, energy consumption is associated with fuel used for vehicle trips and electricity and natural gas use.
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The proposed project would be required to comply with the latest California Energy Code and California Green Building Standards Code (CALGreen Code) standards, including any locally adopted amendments, and would include solar panels, which would help to reduce energy consumption. In 2018, SB 100 was passed, which committed California to generating all electricity from carbon-free sources by 2045. While the proposed project would include natural gas, the project would be required to comply with State building code requirements as Title 24 advances to implement the building decarbonization goals. In addition, the proposed project also would use new modern appliances and equipment, in accordance with the Appliance Efficiency Regulations (Title 20, CCR Sections 1601 through 1608). The expected energy consumption during operation of the proposed project would be consistent with typical usage rates for residential uses; however, energy consumption is largely a function of personal choice and the physical structure and layout of buildings. It can be assumed that implementation of the proposed project would result in additional energy demand in the project area; however, as the proposed project would be located in a primarily developed urban area, the proposed project is not expected to result in wasteful, inefficient, or unnecessary consumption of electricity or natural gas resources.
The proposed project would also result in energy usage associated with gasoline for project-related trips. The proposed project would generate a net increase of 436 average daily trips. Based on fuel consumption obtained from the California Air Resources Board (CARB) Emission Factor model (EMFAC2021), approximately 540.5 million gallons of gasoline and approximately 156.2 million gallons of diesel fuel will be consumed from vehicle trips in Alameda County in 2024. Therefore, based on the total fuel usage in Alameda County and the minimal increase in average daily trips, vehicle trips associated with the proposed project would negligibly increase the annual fuel use in Alameda County. Additionally, the project site is served by existing sidewalks along Shattuck Avenue and Virginia Street and is located within 0.5 mile of several intersecting major bus routes, including AC Transit Lines 7, 18, and FS. The proposed project would also provide 97 secure bicycle parking spaces for the proposed residential uses in a covered bike storage area. Therefore, the project would support the ability of residents and employees to use alternative modes of transportation. As such, fuel consumption associated with vehicle trips generated by project operations would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region.
Given the location of the project and proposed improvements, implementation of the proposed project would not result in a substantial increase in electricity, natural gas, or transportation-related energy, such that it would result in a wasteful, inefficient, or unnecessary consumption of energy resources and there would be no impact.
b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
In 2002, the State Legislature passed SB 1389, which required the California Energy Commission (CEC) to develop an integrated energy plan every 2 years for electricity, natural gas, and transportation fuels for the California Energy Policy Report. The plan calls for the State to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and Item 7a, Attachment 8
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2109 V I R G I N I A S T R E E T P R O J E C T
B E R K E L E Y, C A L I F O R N I A
P:\A-E\CBE1906.18 - 2109 Virginia Street\Products\2_Exemption\Updated Draft\2109 Virginia Street_Draft Consistency Analysis_August.docx (08/19/25) fleet operators, in implementing incentive programs for zero-emission vehicles and their infrastructure needs, as well as encouragement of urban designs that reduce VMT and accommodate pedestrian and bicycle access.
The most recently adopted CEC energy report is the 2024 Integrated Energy Policy Report Update.22 The 2024 Integrated Energy Policy Report Update provides the results of the CEC’s assessments of a variety of energy issues facing California. Many of these issues will require action if the State is to meet its climate, energy, air quality, and other environmental goals while maintaining energy reliability and controlling costs. The 2024 Integrated Energy Policy Report Update covers a broad range of topics, including implementation of SB 350, integrated resource planning, distributed energy resources, transportation electrification, solutions to increase resiliency in the electricity sector, energy efficiency barriers faced by disadvantaged communities, demand response, transmission and landscape-scale planning, the California Energy Demand Preliminary Forecast, the preliminary transportation energy demand forecast, renewable gas (in response to SB 1383), updates on Northern California electricity reliability, natural gas outlook, and climate adaptation and resiliency.
Locally, the Berkeley City Council adopted a Climate Action Plan (CAP) in 2009 and has made additional commitments regarding renewable energy and energy efficiency including:
• 100 percent renewable electricity by 2035;
• Net-Zero Carbon Emissions by 2045 in alignment with Governor Brown’s Executive Order B-55-18;
• Declaring a Climate Emergency and resolving to become a Fossil Fuel Free City; and the • Cities Race to Zero Campaign: Committed to reducing emissions 60.5 percent from 2018 levels by 2030, an emission reduction target that reflects Berkeley’s fair share of the 50 percent global reduction in carbon dioxide equivalent (CO2e).
As indicated above, energy usage on the project site during construction would be temporary in nature. In addition, energy usage associated with operation of the proposed project would be negligible in comparison to the State’s available energy sources, and energy impacts would be minimal at the regional level. Because California’s energy conservation planning actions are conducted at a regional level and the project’s total impact to regional energy supplies would be minor, the proposed project would not conflict with California’s energy conservation plans as described in the CEC 2024 Integrated Energy Policy Report Update. As discussed above, while the proposed project would include natural gas, the proposed project would be required to comply with State building code requirements as Title 24 advances to implement building decarbonization goals.
As such, the proposed project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency, and there would be no impact.
22 California Energy Commission. 2024. 2024 Integrated Energy Policy Report Update. Docket Number 24- IEPR-01.
Item 7a, Attachment 8
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4.6.3 Conclusion
Given the above analysis, development of the proposed project would not change the conclusions of the Housing Element EIR, and there would be no impact peculiar to the proposed project or the project site related to energy. Impacts related to energy would remain less than significant as identified in the Housing Element EIR. No further environmental analysis related to this topic is required pursuant to Sections 15183 and 15162 of the State CEQA Guidelines.
Item 7a, Attachment 8
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